Fatwa ID: 04603
Answered by: Maulana Mohammad Ahsan Osmani
Question:
Assalamu alaykum, hope you are well.
The questions I would like to know the answer to are:
1. Is it allowed in Islam for a woman to change her name after she marries or must she keep her original father's name?
2. If a person is owed money from a blood brother and they request for it back but they are not given it back, what are the options that could be done according to Islam?
3. Is it allowed to call spouse from abroad into the UK via falsifying evidence due to being unable to meet the financial threshold (e.g. On paper claim you work somewhere but you don't just to provide false payslips)
4. Is a male allowed to pray in shorts? (just above the knee)
5. What could be done if a person passes wind frequently unintentionally and it affects prayers/wudu? E.g. Straight after wudu or shortly thereafter but before prayer passes wind
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
1) Yes, it is permissible for a woman to adopt her husband’s last name after marriage.
2) You have the right to demand the money which is owed to you[1]. Him delaying paying off his debt, despite having the ability to do so, is considered injustice. The Prophet ﷺ said, “The deferment of the one who is rich and capable (of paying off his debt) is injustice.” (Mishkatul Masabeeh, Hadith: 2907 [Bushra]) However, it is advisable that you demand your money in a respectful manner, especially when dealing with family, so it does not lead to breaking family ties. Explain to him the severe warnings, which have been mentioned in the Hadith, regarding the one who passes away without paying off his debt. If you find it difficult convincing him, you may alternatively request an elderly family member, whom he respects, to intercede on your behalf and admonish him. Notwithstanding, other options would be (which are more superior): granting respite to the debtor until he is able to pay off the debt, forgoing a portion of the debt which he owes you, or forgoing the whole debt. Allah تعالى says, “And if there is one who is poor, then respite should be granted (by the creditor) until ease (when he is able to pay off the debt), and that you forgo it as charity is better for you, if you knew.” (Surah Baqarah, Verse 280) The Prophet ﷺ said, “Whoever grants respite to the poor person or remits his debt (some or all of it), Allah تعالى will save him from the difficulties of the Day of Judgment.” (Mishkatul Masabeeh, Hadith: 2903) Nevertheless, if he stubbornly refuses to pay off his debt, then when he passes away, the debt will be paid off from his estate. And if the debt was not paid off, then on the Day of Judgment he will have to pay in the form of his good deeds, otherwise, the evil deeds of those whom he owes will be transferred unto him.[2]
3) This is impermissible because it is considered to be lying and deception. The Prophet ﷺ said, “Whoever deceives, he is not of me (he is not upon my way).”[3]
4) It is necessary to cover one’s awrah (for a man: whatever is between the navel up to and including the knees), whether one is inside of prayer or outside[4]. Hence it is impermissible and sinful to deliberately pray with one’s awrah exposed. Nonetheless, if someone prayed with only their knees exposed, the prayer will be valid[5], even though he committed something unlawful by intentionally exposing his awrah. Allah تعالى commands us in the Quran, “O children of Adam, adopt your beautification at every Masjid…” (Surah Al-A’raf, verse 31) According to the consensus of the scholars of Tafseer, beautification in this verse refers to that clothing which covers one’s awrah[6]. Therefore, endeavor to wear your best clothing, that which is in accordance with the Sunnah, when intending to pray.
5) Kindly refer to the following link to ascertain if you qualify as a Mazoor (an excused person) or not: http://daruliftabirmingham.co.uk/questions-on-being-a-mazoor-2/
Only Allah knows best
Written by Maulana Mohammad Ahsan Osmani
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
[1] Fatawa Mahmudia, p. 40, v. 25 (Darul Isha’at)
[2] Fatawa Mahmudia, p. 61-62, v. 25 (Darul Isha’at)
[3] Mishkatul Masabeeh: Hadith 2860 (Bushra)
[4] Raddul Muhtar: v. 2, p. 75 (Maktaba Imdadia)
[5] Fatawa Hindiya: v. 1, p. 65 (DKI)
[6] Tafseer-e- Mazhari: v. 3-4, p. 575 (Darul Isha’at)
