Q. Burdened with a son who indulges in every vice, such as drinking, gambling, rape, etc., a married couple decided to put their house as an endowment to the local mosque. They feared that if their son takes it after their death, he would sell it to spend the money on his bad habits. Are they correct in so doing?
O.A. Muhammad, Alkhobar
A. What we need to understand is that whatever money or property we have does not belong to us in the first place. It belongs to God and He places us in charge of it. Therefore, when we die, we have no right to it. We cannot control what happens to it after our death. Hence, the Prophet tells us that "God has bestowed a favor on you, giving you one-third of your property." This means that we may bequeath by will an amount not exceeding one-third of the total sum of our money and property. This should be given to deserving relatives who are not our heirs, to poor people or to an ongoing good purpose. Apart from that, whatever we have goes to our heirs according to the shares they have been given by the Divine system of inheritance. It is not possible for a person to favor one heir above others, or to disinherit any of his or her heirs.
This means that if you have three sons, you cannot give one of them anything by will. They receive their shares equally. You cannot deprive any of them of his shares. These have been given by God. How can we change them?
The only case when a son or daughter does not inherit from a parent, or vice versa, is that in which one of the parties follows of a religion other than Islam. If the deceased and the heir have different religions, they do not inherit each other. So, in this case, the parents may not do anything intended to deprive their son of his right to inherit. However, they may make an endowment or give to other relatives by will something equal to one-third of their property. If the house value is within this amount, then it is possible, but if the house represents the larger part of their assets, then it cannot be done.
These parents should not regret this situation. They do not know what will happen to their son. They should continue to pray to God that he may mend his ways and realize that the way of life he is leading will land him in trouble, sooner or later, and will incur God's punishment. If he does, he will be all the better for having received his inheritance.
How to calculate my zakah?
Q. I feel confused concerning the calculation of my zakah, and would appreciate your help in providing me with simple guidance. I have a house in Sydney where the rent goes into my bank account there. I have real estate in Pakistan, and the rent is paid to my father for my parents' living expenses. I also have there 3 plots of land which earn nothing, but I will be building a house on one and use the other two to meet the building costs. I earn a salary from my job here in Saudi Arabia, and I have some savings in an account in Australia.
N. Mohammed, Riyadh
A. We first take out of the reckoning the income you receive from the property in Pakistan, as that goes to your parents for their living expenses. That income is not liable to zakah. However, if the situation changes and the rent comes to you, totally or partially, then the net amount you receive has to be included in your zakah liability.
The plots of land in Pakistan need to be tackled separately. You should identify which plot you allocate for building your house. This is exempt from zakah, if you intend to live in that house eventually. The other two plots should be treated as a commercial commodity, because they are intended for re-sale. On your zakah date, you should obtain a valuation of these plots and pay zakah on their value at the rate of 2.5%.
The net income from your rented house in Australia is liable to zakah. This means that you deduct from the rent all the expenses you have to pay, such as maintenance costs, agent's fees, local taxes, etc. What is left after that is liable to zakah.
The savings in the Australian bank are also zakahable, and zakah must be paid on both the deposits and the net income you receive.
If your salary is just about right to meet your living expenses, with your family, then no zakah is payable on that. If it pays your living expenses and leaves you some savings each month, then what is left after meeting your expenses is liable to zakah. When your zakah is due, you include such savings in your calculation of your zakah liability, even though such savings come to you the day before your zakah is due. This means that when you calculate your zakah on your zakah date, you should add all you have in your bank accounts, current and savings, as well as the value of the lands you own and the rent you receive. You make your calculation of your zakah liability on the total amount of all these together.
Marriage over the phone
Q.1. Is it appropriate to conduct a marriage over the telephone. This means that the woman who is away from home tells her father or guardian that she approves of the marriage, and the dowry is fixed over the telephone, and then he acts for her in the marriage with the bridegroom present and acting for himself?
Q.2. If we are traveling by car from Riyadh to Makkah, and starting our journey about an hour before Asr prayer is due, is it permissible to offer Asr prayer at home before we start? We normally stop after Isha, when we pray Maghrib and Isha together.
M.C., Riyadh
A. It is perfectly appropriate in a marriage contract that either party appoints someone to act for him or her, giving him a power of attorney. In fact, this is the normal practice for a woman to do, even when she is present. Her father or guardian should act for her, because that gives her a better and more dignified status. However, the imam or registrar who is conducting the marriage should satisfy himself that the power of attorney has been given in a proper way. There should be two witnesses who can testify that the power of attorney was given by the bride-to-be to her father to act for her in her marriage to the person she is willing to marry and to ask for the dowry she wants to receive.
All this can be done verbally. For a marriage contract to be valid, the formalities need not be done in writing, although documentation is better because it ensures that the parties are aware of what they are doing, and proper records are kept.
Should this be done over the phone, a problem is created. The witnesses cannot hear the woman giving her father the power of attorney. Even if they can listen to the conversation using other telephone sets, they cannot be certain that the person at the other end is the woman concerned. Even if they know her and know her voice, a telephone conversation is not the same as when the person concerned is present and the witnesses can see her and speak to her.
It is far better to do things right, particularly in a case of marriage. It is better for the woman to give a written power of attorney, witnessed by two people at her end, and then fax the same to her father or guardian who will be able to show the imam or the registrar the power of attorney. If the law of the land requires this to be done by a solicitor, that is even better. It does not take time to communicate papers across the globe these days. So, it is better to be cautious and do things the right way which is less likely to cause any problems.
A.2. If you are starting a journey before Asr is due and you fear that you may not be able to offer Asr prayer during its time range while you are on your way, then it is perfectly permissible to offer it with your Zuhr prayer before you start your journey. However, it should be offered in full, not shortened, as the travel has not begun yet.