Q. Is it appropriate to pray behind an imam who makes too many and totally unnecessary movements during the prayer, such as adjusting his head cover and robes?
S.A.
A. Your prayer behind such an imam is perfectly correct and valid, since you are not responsible for his behavior. There are differences between schools of Fiqh concerning movement during prayers and whether they invalidate the prayer or not. Some schools say such movements, even if they are frequent do not affect the validity of the prayer. Unfortunately, some people use this to make totally unnecessary movements that not only make their prayer the opposite of serenity and tranquility, both of which are needed in prayer. You find that such a person begins to move his hands here and there immediately after starting prayers. He may first adjust his headgear, then take something out of his pocket to look at, then he replaces it only to reach his other pocket and take out a tissue to blow his nose, etc. This is all wrong and unbefitting of standing in front of God and addressing Him. Such people need advice by good scholars.
About Friday Prayers
Q. May I ask whether Friday prayers are Fardh or Wajib? How to perform the Zuhr prayer on Friday? Is it with all sunnah prayers, or with all obligatory prayers?
O. Mustafa
A. The two terms are used differently by different scholars and schools of Fiqh. Some, like the Shafi’i school use the term Wajib sparingly, while the Zahiri school does not use it. In fact, linguistically speaking, the two terms mean the same thing, which is “obligatory”. However, the Hanafi school distinguishes between the two, making Wajib a lesser requirement. All schools are in agreement that Friday prayer is obligatory and it must be done by every Muslim male who has attained puberty. They also agree that it replaces Zuhr prayers on Friday. Hence, there is no need to pray Zuhr, if one is praying Friday. Nevertheless, it is recommended to offer two rak’ahs of Sunnah before Friday prayer and two after it. One may increase these to four rak’ahs before it and four after it, but certainly the obligatory prayer of Zuhr should not be offered by anyone who attends Friday prayers and offers it with the Imam.
Deceased Parents and Child’s Action
Q. In the light of the Hadith that mentions that a dead parent benefits by his child’s prayer, will deceased parents know that their children pray for them after they have died?
H. Maalim
A. Yes. The Prophet (peace be upon him) has told us that a deceased person finds his standing improved. He prays to God and asks: “My Lord! How come that I am given a better position?” He will be answered: “This is given to you on account of your son’s or daughter’s prayer for you.” The parent will praise God and thank Him, and will also ask Him to bestow His kindness on his offspring. Thus the benefit is mutual.
Ownership and Inheritance
Q. Many years ago, my father bought a house, using the money from the sale of the jewelry belonging to my mother, and registered it in her name. Does this mean that she is the sole owner of the house and none of my father’s heirs have any share in it? My mother wants to sell the house and give everyone of her children their respective shares, keeping her own part? How should she proceed?
M. Abdul-Jaleel
A. If the jewelry your mother put in was the full price of the house, then it belongs to her and it cannot be included in your father’s estate to be divided among his heirs. However, if the jewelry accounted for only a part of the house price, and your father registered the house in her name as a gesture of care and goodwill, then we need to look at his real intention at the time. If he was making her a gift of the rest of the house, then again it belongs to her and no one has any share in it.
If his intention was that the house is shared between them but it was registered in your mother’s name for the sake of convenience, then she has only a share of it equivalent to the proportion of the price she paid, taking into account the value of the house at the time, not now. Your first step is to determine the real ownership of the house and your mother’s share in it. If your father was co-owner, then his share should be divided between his heirs in accordance with the Islamic law of inheritance.
I understand your father left behind two sons and four daughters as well as his wife, your mother. His estate is divided as follows: one-eighth goes to your mother, and the remainder is divided into 8 shares, with one share each to his daughters and two shares to each of his two sons.
