Q: Can I talk to my fiancée on the phone so that we can know each other?

Q: A person (Ziyaad) included the following provision in his will: 

4.2. I confirm that the below is due by me in respect of my religious liabilities and obligations in accordance with the tenets of the Islamic faith as at the date of drafting this last will and testament, which amount (s) are to be paid by my executors after the payments in clause 4.1.1 and 4.1.2 (burial expenses and debts), which are to be paid to the Muslim Judicial Body as selected in terms of clause 7.1 and may not exceed one third of my estate. Such liabilities include the following: 

4.2.1. Unperformed Salaah (prayers) R646 800 

4.2.2. Unkept Saum (fasts) R1750 

(end of quote)

I understand that in normal circumstances, the estate would need to bear the cost of the entire fidyah or 1/3 of the estate value if applicable. 

However, in this case, the financial advisor has mentioned to me that in reality there are no outstanding salaah and in that instance no fidyah is due. 

The financial advisor specifically said: “Please note as discussed, Ziyaad signed his will on 09 November 2023 and handed in on 10 November 2023. On 11 November he advised he needs to amend his will as NO unfulfilled religious obligations were outstanding. Being it Saturday, we were to amend it on the Monday the 13th. Unfortunately, on Sunday morning 12 November, he ran a race and passed out and never came to consciousness until he passed away on 23 November 2023. We, therefore, could not get to amend his Will.” 

Will the kaffarah still be applicable regardless of the aforementioned? In other words, will the estate still be liable to pay out the fidyah amounts despite the claim of the financial advisor that says that the deceased said nothing is due from him and he wishes to amend his will to that effect? Or will this statement of his cancel the fidyah that was written in the will?

Q: A persons estate was distributed according to his un-Islamic will. The heirs now went to the Jamiat and did a redistribution according to the Islamic laws. One brother inherited a certain amount and received the money. The rest of the family is now demanding that that brother pay his share back to the daughters of the deceased (his nieces) as they are poor. Is this justified?

Q: My late mother passed away in 2010. She left her jewellery in my possession before passing. I did not distribute it when she passed away, assuming it was in my safekeeping. I have been paying zakaat on it. 

Short background: 

The circumstances when she gave it to me was because she did not trust my father and brothers. Her property was forcefully put on the line by my father because he wanted money. He was in debt and told her that he will pay her back. She was domestically abused to the point where he forced her to sign the bond agreement. He fell short on payments. The bank sold it to recover their money, we were evicted and that made her very upset with him and her sons. She was afraid that my father will come after the jewellery next (which belonged to her). And since she lost her property she did not want them to take her jewellery and fall into more loss. 

She was battling against cancer at the time that all this was happening. She felt like he was trying to take everything from her because of her illness. The only last written letter/will by my mother was about the property, what my father did and how it was taken from her and how she wanted justice. 

So when she gave it to me and told me to make sure no-one gets it, it was all I remember to do was her last request to make sure I protect it. 2 years later she passed away. No will was written. Except the letter I mentioned is all I could find. 

It is my father, 3 brothers and 1 daughter (me). They know the jewellery resides with me. 

My concern respected Ulema, is 

1. When she passed away, what happens to her request, does the jewellery become mine or was it suppose to be distributed? 

2. If not, what happens to the previous years zakaat I had discharged... Can I claim back that zakaat amount from the estate or can I count it as MY zakaat discharged in advance? 

3. I had gifted my 1 brother a ring when he was getting married from the jewellery. Must this be subtracted from his share when distributing? Or must he pay back the estate.

Q: I wanted to find out if I go to my father's house for holiday, is my husband still financially responsible for me during my stay there or is it my father's duty?

Q: If my dad asks me how someone is doing, for example if he asks ‘how is your uncle/auntie’ etc., is it permissible for me to say that the person is fine even though I haven't spoken to the person and I don't know how they are?

Q: I would like to find out with regards to refunds. 

If a customer purchases 500 bricks and it is loaded with a forklift/hand. When the customers returns the goods, it requires manual labor to offload and palletize. 

Please advise, would it be permissible to charge an offloading fee?

Q: 

1. Is it permissible to take part in a lucky draw where the participant pays a fee for a ticket and thus enters themselves into the draw where the outcome would be such that they would receive a prize? 

2. Is it permissible if the ticket is purchased for some event, (e.g. a dinner) and thus results in the person becoming part of the lucky draw?

Q: Is it permissible to perform salaah with one's sleeves folded but the sleeves don't go above the elbows? Meaning the elbows are covered but the sleeves are folded.

Q: A person passed away. He had two sons who were to inherit from him. One son wishes to renounce his share and give it to his brother. How does he go about this in Islamic Law?