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Passport Photos

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: Referring to http://muftionline.co.za/node/3767

1. you could say in the above the order of تصوير/the إكراه is معلق with a مباح action (Travelling). It is not necessary to do this مباح action. And if you dont do the مباح action there is no إكراه. So when إكراه بالحرام is معلق with a مباح action is it permissible to do that مباح action?

2. Before you start the travelling there is no أمر to take تصوير. So when you take the تصوير there is no إكراه/ command. So if you know there will be إكراه in the future is it permissible to do the impermissible action from before?

Bismillaah

A: We do not agree with your reasoning that taking out passport photos will only be for the purpose of mubaah actions. It is possible that taking passport photos could be for mubaah as well as fardh or waajib actions. The need for travelling could arise at any time in the future for fardh or waajib actions (e.g. travelling for a fardh Hajj or a Hajj or umrah that one had made nazr of or travelling to earn one’s fardh livelihood or for hijrat at the time when one’s deen or life is in danger or to meet one’s relatives living abroad or to reconcile their family disputes, or travelling abroad for relief work, or for da’wah purposes, or to learn or teach Deen to the ummah who do not have Deen, etc). Hence at the time of need, one might not be able to immediately acquire the passport and fulfil the Deeni or worldly need. Hence, Shari’ah will allow one under the circumstance to take out passport photos as this enters under the category of  الضرورات تبيح المحظورات  (as it is unavoidable and there is no other sharee substitute to fulfil the need). Just as donating blood إصالة is not permissible, however ضرورة Shari’ah has allowed it (when there is a shortage of blood in the blood banks) and it will be permissible for one to donate the blood to the blood banks even before the need arises as at the time of need, it will be too late to go around looking for people to donate the blood..

And Allah Ta’ala (الله تعالى) knows best.

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Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: Jazakallahu khairaa for your time and answering my questions. Seems contrary to shart 2 and 3 on pg 269 in usoolul ifta.

Bismillaah

A: We would appreciate if you can quote the ibaaraat of Hazrat Mufti Taqi Sahebs kitaab.

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Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: This is the ibaarat of Mufti Taqi Saheb

 

The points which could be not found in many instances for passport photos

1. كون الضرورة قائمة لا منتظرة

2. That غلبة الظن which is mentioned in the ibarat of Mufti Taqi sb

Bismillaah

A: These needs that we have mentioned (fardh, waajib or mubaah needs) will not be treated as future needs, but rather current needs as it is possible that these needs can arise at anytime. When the need arises, one will not be able to fulfil the need in time due to one not being in possession of a passport. Therefore, the ibaarat you quoted from Mufti Taqi Saheb does not apply to this situation. 

(Scroll down for more information regarding this question)

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: What about the third point

الثالث :…. ويغلب على ظن المبتلى به أن دفع الضرر متوقع بارتكاب بعض المحرمات

I am in england and I do not have and generally i dont think people will have غلبة الظن  that by doing the المحرم the دفع الضرر is متوقع.

Bismillaah

A: These needs that we have mentioned (fardh, waajib or mubaah needs which have been discussed before) will not be treated as future needs, but rather current needs as it is possible that these needs can arise at anytime. In fact, some of these need exist all the time e.g. welfare work or maintaining family ties, etc. Hence, when one wishes to fulfil the need, one will not be able to fulfil the need in time on account of one not being in possession of a passport. So, in actual fact, we are calling it future needs because it is going to be fulfilled in the future, but in reality it exists at present. Therefore, the ibaarat you have quoted from Mufti Taqi Saheb does not apply to this situation.

One example to further illustrate this point is the maslah of donating blood. The fuaqaha have allowed the donating of blood at the time of need (although donating blood إصالة is not permissible, but ضرورة it is regarded as permissible). When examining this mas’lah, one will realise that one is donating the blood before the time of need. When there is a shortage of blood in the blood banks, and people are asked to donate blood, the blood at that time is not used for any person, rather it is going to be stored and will be used later on at the time of need. Despite this, it is permissible for one to donate blood before the time of need. The reason is that there are many factors that are considered and many tests that have to take place before the blood can be considered as acceptable for the patient. The first step adopted by the blood banks is to find people to donate blood. The second step is to see whether the donated blood conforms to the blood grouping of the patient. The third is to see whether the blood is not contaminated with aids or any other sickness or virus. After passing through many tests, then only the blood transfusion takes place. The reason for the permissibility of donating blood before the time of need is that if one has to go around looking for blood donors at the actual time of need, it will be too late and it is possible that the patient will die or his condition will deteriorate. Therefore, Shari’ah has allowed the donating of blood well before the actual time of need. Similarly, you should understand that many worldly and Deeni needs depend upon having a passport (and many needs exist all the time). If one is not in possession of a passport, how will one be able to fulfil these needs?

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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