Abusing Business' Refund Policy

Q 1. Some mail order businesses as well as reputable department store chains advertise and even pride themselves on their 'total customer satisfaction' policy as it pertains to returning said items at a full refund. I am puzzled by this, and probably somewhat guilty of abusing their policy. If an item was purchased, utilized and after some period of time it was returned for a full refund, is this wrong? What are the criteria in this scenario when the consumers' satisfaction is the key in some cases without a time limit? Please help.

A 1. The businesses often advertise the "total customer satisfaction" policy to be more competitive and to attract customers. But it is the consumer who ends up paying for everything. The merchants do not give this as a gift. They actually add in the price of the merchandise some amount, because they do expect that certain percentage of customers will return the merchandise. In the Islamic law there is a provision called "khiyar al-shart" (the option based on certain terms). Muslim jurists have given many details for this option. It is permissible for the seller to give such option and it is also permissible for the customer to use it. However, the common decency and honesty require that a Muslim should not abuse this option, nor should one lie to take advantage of others. If one purchases an item and then finds it unsatisfactory, one is allowed to return it according to the purchase agreement. But it is not right to purchase something with the intention to return it after use and claim that one was not satisfied with it. The Prophet-peace be upon him- said, "The one who deceives and cheats does not belong to us (i.e. to the Muslim Ummah)." A Muslim should neither cheat a Muslim nor a non-Muslim.

Q 2. Please explain with some detail the formula for naming a new Muslim. This is becoming a big problem, considering the number of new converts that are accepting Islam in the West, especially in the USA. I am asking this because many of them take a new name that may consist of several Muslim names which effectively render him a new individual with an alias. This is particularly disturbing when considering the implication of such action in terms of family relations and the possibility of having incestuous marriages due to the disappearance of the true identity of such persons. Notwithstanding the problems for the children of such individuals whose other members of the family might remain as non -Muslims. Such names are usually taken as a protest against the injustices of slavery of the African-American descendants, or as an expression of total departure from their past as non-believers. This issue has not been dealt with decisively before for many reasons and it surely needs an immediate attention to put an end to such a practice. (Imam A. Hnesh)

A 2. You have made a very important observation. I do realize the need for name change for some new Muslims who consider the old names as "slave names" or names of "oppression" and "un-Islamic identity". But the issue of names among new Muslims in America is also becoming quite confusing. New Muslims should be careful in taking Islamic names. The basic Islamic rule about names is that a Muslim should have a good name and should give good names to his/her children. The Prophet -peace be upon him- used to change those names that had any wrong meanings or were associated with the names of pagan deities. Thus new Muslims should change their names if they are associated with un-Islamic personalities, deities, un-Islamic concepts and meanings. Otherwise there is no need to change the names.

When a person becomes Muslim, he/she changes the religion, but his/her biological relations do not change. One cannot change one's parents, children or other relatives. Thus one should keep a record of all one's direct blood relatives as well as those who are related through fosterage (rada'ah), and marriage. Whatever name one may adopt for him/herself, the names of his/her biological relatives will not change. If a person becomes Muslim, but his father or mother are not Muslims, he still has to call himself as the son of his real biological father and mother. For example if Matthew son of Paul becomes a Muslim, he can change his name as Muhammad bin Paul, but he is not allowed to call himself Muhammad bin Ahmad. Because his father is not Ahmad and his father did not accept Islam and did not change his name to Ahmad.

There are many good articles already published on the subject of Muslim names in various publications. The Islamic Trust Publication of ISNA and Kazi publications of Chicago have published some books on this subject. I suggest that you consult these books for details.

Q 3. I would like to know the correct way on how to perform Salat on an airplane. Can we do it while sitting in our seats or do we have to find a place where we can stand? If we perform the wiping of our shoes, do we have to keep them on, or can we take them off during the Salat?

A 3. While traveling in the airplane, if it is possible to perform the Salat observing its various positions, standing, bowing, prostration and sitting, in a normal manner, then one should try that. But many airlines (especially when the plane is full) would not allow performing the salat in this manner. Thus if it is not permissible or inconvenient and difficult then one is allowed to perform the prayer sitting in one's seat. One should bow a little for Ruku' and should lower the head more (as much as possible) for the Sajdahs.

It is allowed to wipe over the socks or Khuffs. One is not allowed to wipe over the shoes, unless they are boots that cover the whole food including the ankles. If one is wearing this type of boots then one can wipe over them in Wudu. After wiping one cannot take off the socks or boots before prayer. If they are taken off then one has to repeat the Wudu and has to wash the feet before performing the prayer.

Q 4. My question involves the impact of dental work on Wudu and Ghusl. When a decayed tooth is replaced with a "permanent" artificial tooth in modern dentistry, it is held in place with thick wire like staples to the adjacent natural teeth on both sides of this artificial tooth. Can the Wudu and Ghusl be performed without compromise and all the necessary requirements for Wudu and Ghusl can be met under these conditions?

A 4. If an artificial tooth is permanently installed or if a tooth is covered with silver etc. then there is no need to take it off for every ablution (Wudu) or bath (Ghusl). Such teeth become a permanent fixture and they replace the normal teeth. Thus wishing them is like washing the real teeth. Similar will be the ruling in the case of any other artificial organ that is permanently attached to the body.

Q 5. Is there a specific verse in the Qur'an or a specific Hadith that forbid cremation in Islam? I know it is haram, but I need specific support. (Metwalli B. Amer, Executive Director of SALAM, California)

A 5. Washing the dead body, its shrouding, the Janazah prayer and the burial are all acts of 'ibadah and they should be done according to the Sunnah of the Prophet -peace be upon him. The Sunnah gives us the detailed guidelines for all these procedures and it is important that they should be followed. There is a consensus (ijma') among the scholars that the dead should be buried. Cremation is allowed in the case of a person who died of a contagious disease. If it is feared that the disease might spread if the person is buried, then for the sake of general welfare of people (al-maslaha al-'ammah) the cremation would be allowed.