Fatwa ID: 02447

Answered by: Maulana Javed ibn Nazir Kachhalia

Question:

A person lives in Isipingo Beach(Durban, South Africa)  and has been living in Isipingo for more than 20 years, he has a house and owns and runs two businesses in ispingo. 

He still lives and works in ispingo Beach for most of the year. This person bought a flat in surat, in a street where his grandfather used to live,  and passed away many many years ago.
He goes to the flat once every few months and his period of stay in surat varies from less than 14 days up to 20  days. When he is not in surat he gives out the flat on rent to people from south africa who go to Surat for holiday or medical treatment. 
When he purchased the flat he made intention that due to it being in the area where his ancestors used to live this will also be his house. 

1) will surat become his وطن اصلي while ispingo Beach remains his وطن اصلي? 
Thus he will have 2 وطن اصلي and will never be a musafir when he goes to surat
2)Can he read full Salaah in surat if  he is only staying there for 10 days in that particular journey, because he has an intention to return to surat for another week or two after three months and this is the home town of his ancestors (including grandparents)

Answer

بسم الله الرحمن الرحيم

In regards to aforementioned questions;

1. Your ‘want aslee’ will remain Ispingo Beach
2. When you travel to Surat, India, you will be a musafeer (traveller) there if you stay less than 15 days.

In ‘Fatawa Darul Uloom Deoband’ the following quotation is mentioned which has been extracted from ‘Ad-Durrul Mukhtar’:

“WatanAslee will be invalidated by the similar (making another place as watanaslee) when there is no family members left in the first city/country/town.”[1]

A person’s hometown is the place where he resides with his family and belongings without having a definite intention of relocating.

Only Allah knows best.

Written by Maulana Javed ibn Nazir Kachhalia

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham