Issues and Questions Q1. Is cybersex or phone sex considered to be “zina”?
A2. Zina according to the Shari’ah is any illicit sexual intercourse. Thus pre-marital sex, extra marital sex and homosexual intercourse are all considered Zina according to Islamic law. Zina is a major sin (kabirah). It is absolutely forbidden. Islam does not only forbid illicit sexual intercourse, but it also forbids anything that leads to this sin and crime. “Cybersex” or “phone sex” etc. that you mentioned are those activities that can lead to Zina. The Prophet - peace and blessings be upon him - said: “The eyes commit Zina, the hands commit Zina and feet commit Zina and the genitals commit Zina.” (Musnad Ahmad, Hadith no. 4258). In another Hadith he is reported to have said that “the genitals confirm it or deny it.”
Muslims should avoid any avenue of Zina. Allah (SWT) says, “Do not even come close to Zina. It is a shameful deed and an evil way.” (Bani Israil 17:32). So Allah, in the Qur’an, not only forbids Zina but He also forbids even coming close to it.
Q2. We hear an often-quoted Hadith that a wife should co-operate with her husband’s physical needs, unless there is a valid reason, otherwise she is subject to curse. I would like to know how Islam has protected the rights (needs) of the wife?
A2. It is also emphasized in Islam that a husband should not deny his wife’s physical needs. Both of them are related to each other, as Allah says in the Qur’an, “They are a garment for you and you are a garment for them” (Al-Baqarah 2:187). A husband who without any genuine reason neglects his wife’s needs is as sinful as a wife who neglects her husband’s needs without any excuse. Husband and wife both should care for each other in all matters whether they are moral and spiritual or financial and physical. The relationship between the husband and wife should be based on what the Qur’an says, “love and compassion” (mawaddah and rahmah, al-Rum 30:21).
Q3. I would like to know how to consider this situation, someone tells him something concerning the past life (before Islam) of his wife, and the husband says to her, “I am not sure I want to continue with you”, and “I do not want to see you anymore”, “stay by yourself”, “I will marry another woman, and you can have another husband”, “I want to separate”. He is not sure he said that. Are they divorced only once of the three times? Also, if they didn’t have sexual relations, what is their situation?
A3. The words that you have mentioned do not indicate that the person has divorced his wife. They only indicate his anger and his intention to do so. His saying, “I am not sure…” or “ I do not want…” or “I want…”etc. are not clear words of divorce. The words of divorce are supposed to be very clear. If he wanted to divorce her then he should have said very clearly, “I have divorced you,” “You are not my wife any more…”etc. Thus I do not consider that, by these words, a divorce has taken place. They are still husband and wife and they can resume their relations. However, if they want to separate then they should follow the proper procedure of divorce.
Q4. What is the proper way according to the Sunnah of the Prophet -peace be upon him- of counting on the fingers, in concerns to the 33 times of saying Subhan’Allah, Alhamdulillah and Allahu Akbar? I see people doing it in different ways, some using their left hand in addition to their right hand, some moving from finger to finger in stead of going up and down the finger, could you please tell me the correct way to this, in detail, according to the Sunnah?
A4. The most important thing is that you praise Allah -subhanahu wa ta’ala. It is recommended to say these words 33 times or ten times, according to some other Hadiths on this subject. But there is no one specific way of counting. You can count with your fingers or with the segments of the fingers. Both ways are permissible and mentioned by the scholars of Hadith. May Allah accept your Adhkar.
Q5. I am a student in Canada. We have regular discussions about Islam to know its different aspects. But we are confused about the role of Muslim women in this modern world. I would like it if you to kindly elaborate the Muslim women’s role in this society. I mean, what should be the limitations and restrictions for a working women and how a woman can perform her role in the modern society and what should be the qualities of modern Muslim women?
A5. Muslim woman’s role is as important as that of a Muslim man. Both of them should observe the rules of Allah in their personal life. They should learn their religion and be a good example for their families, friends and others. Wherever a Muslim woman lives, whether in the West, or in the East, she should observe “Haya” (modesty) and wear proper Islamic dress, including the Hijab. Her primary duty should be to take care of her home and her children. If she wants to work outside of her home this should only be when she has fulfilled her primary duties. She should seek a job that will provide her an Islamic environment where she will not mix with men and not be alone with them. If she can find a work place of this nature then there is no harm in her work. A Muslim woman should be educated. She should know her religion very well. She should also understand the needs and challenges of this time so that she can protect herself from un-Islamic influences and can be an effective person in the society.
Q6. I work as a freelance software engineer on an hourly basis. Before a job, I usually give the client an estimate of the number of hours that it will take to complete the work. If the actual work takes fewer hours, I usually do not charge them for any hours I had overestimated. On the other hand, the clients usually will not pay for additional hours, in case I underestimated. Is it wrong for me to bill for the full hours we had agreed upon, even if I do not actually work them?
A related question is that, in one job, I may be able to use parts of a program I had previously developed for another client. If so, I may again end up working fewer hours than I had quoted the client. But in this case, the client actually gets a value, which is more than the hours I actually worked for him (i.e. the hours I directly worked for him plus the hours that would have taken to design the code I am using from a previous engagement). Again, is it wrong for me to charge the client for the full hours we had agreed upon? These clients will not consider any other work arrangement or billing scheme.
A6. May Allah bless you for your consciousness to have Halal income in an honest way. You have two possibilities:
1. Either you charge for the job, regardless of the hours.
2. Or, you estimate for yourself how much time you have to spend on this job, but in the contract you mention that you will charge for the service according to hours. In that case, you should only charge for the hours that you have spent. You can indicate in the contract how many hours your estimate. If you finish the work in less time, then you charge for that time. If you spend more hours, then you charge your client for extra hours. That should be a clear agreement between you and your customers.
It is important that you make your contract very clear and observe the terms of the contract in a conscientious manner.
Q7. If there is a brother in the line beside you in a congregational prayer, and he needs help standing from Jalsa (sitting position); and you help him to his feet, does this negate one’s prayer, because one is moving about?
A7. If this happens by accident, then you should help the person and this will not negate your Salat. But if the person always has difficulty standing up then he is allowed to perform the prayer while sitting on a chair, or he can pray in the sitting position and does not need to stand up during prayer. In that case the people next to him should concentrate on his own prayer.