The qur’an says that we need 4 witnesses before we accuse someone is comitting zina. To my logic, if 4 persons are witnessing 2 persons performing zina, that means those zanis are doing it openly (Unless those 4 witness are private investigators). Please explain what is the wisdom behind this 4 witness….. And please explain the criteria of ‘making zina’ ? do they actually make sexual relationship? or kissing each other included in zina?10. I read in a book the adab of sexual relationship is that we should cover our head during the copulation. It’s hard for me to do this, since most of the time we are out of control???? Or is it enought just to cover the whole body with a big sheet?11. Should we give salam when we are entering masjid in which there are a majlis of bayan? Someone said it’s better just to sit and join the majlis. if we give salam we might distract the attention of the listeners…12. What is the aurat during sleeping? Should we still cover our aurat? Sometimes in a hot country it’s more comfortable to sleep without our shirt on or wearing short?? Is it allowed ?? 13. What we received a salary upon teaching qur’an to the children?? To what extent? Can we fixed a salary to that teacher? How about giving salary to the caretaker or muadzin of the masjid? What is the regulation?14. What is the ruling of a breastfeeding pregnant mother? Can they fast during ramadhan?
1. Just as the punishment for Zina is very severe, the proofs for them have to be very stringent, to establish whether zina has taken place. If there is any doubt, the punishment for zina will fall away. There has to be four male witnesses for this act. The wisdom is that we do not want to impose the punishment for zina- hence the stringent conditions, but we have to have a deterrent from this evil act , hence the severe punishment.
2. Actual sexual relationship is meant. Kissing is also technically zina but not that which leads to punishment.
3. It is sufficient to cover the body with a sheet. The head may be open. 4. It would be better if one did not make salaam. Ibn Aabideen (R.A) has stated that a person will be sinful if he made salaam upon those who are busy in the Kutbah or salaat, or recitation of the Quraan, or learning knowledge. If anyone made salaam it will not be waajib to reply. 5. It will be allowed to sleep without a shirt or with shorts so long as no person who you should not expose yourself to, from the navel to below the knees, sees you. It is part of etiquette to cover at least the part from the area below the navel to below the knee. 6. Yes, it is permissible to receive a salary upon teaching of the Quraan. A salary can be fixed as by mutual agreement. 7. It will be permissible to give a salary to the caretaker or muezzin of a musjid. He will fall under the role of a special employee. 8. If a breastfeeding mother or her breastfeeding child cannot bear the hardship of fasting it will be permissible for the mother to leave out the fast and make qaza for it later. Yes, if the mother and child can bear it, they can fast during Ramadaan.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai
FATWA DEPT.