Fatwa #526110 April 2002United States of America
Shaafi'ee Madhab questions -
Question
1. I belong to the Shafee Mathhab, If I dont say dua-e-qunoot in my fajr salaat will it invalidate my salaat. I mean do i have to say Dua-e-Qunoot in every fajr salaat. 2. My brother performed Nikaah in front of a Qaadi but had 2 non-muslims as witnesses , is the nikaah valid. If not Should he perform the Nikaah again with Muslim witnesses. Can the Nikaah take place at home and the parents be the witness. 3. Is it a waajib on me to perform qurbani for my wife since she does not work or have money. 4. My wife has Gold which exceeds the Nisaab . Some of this is a gift for her father and relatives and the rest is from me. Both the share ( fathers and my gift) exceeds the Nisaab Amount. Who has to pay the zakaat for it me or her. She cannot pay zakaat (unless she sells the gold ornaments). Then is it Farz on me or her to pay the zakaat. 5. The ghusl for Haydh is performed on 5,7,9 (i.e odd days) from the start of the period. This was told to my wife by her mother. some time she waits an extra day for taking ghusl just so that it will be an odd day. Is this correct or can she perform ghusl on the 6,8, 10 (i.e even days) too. Please answer questions in their numerical order. May Allah increase your Knowledge . Jazak Allah Khair, wassalaam-alaikum
Answer
NOTE: QUESTION VALID ONLY ACCORDING TO SHAAFI'EE MADHAB%0D%0A%0D%0A1. Not making the qunoot in Fajr will not invalidate your salah. However,%0D%0Aits omission makes sujood as-sahw sunnah at the end of your salah.%0D%0A%0D%0A2. The nikah must be done over. It can take place at home, but out of the%0D%0Afour parents only the boy's father can be a witness. The girl's father will%0D%0Abe her wali, and cannot be a witness. The mothers, being female, cannot be%0D%0Awitnesses. The witnesses must be two sane, trustworthy adult males.%0D%0A%0D%0A3. First of all, qurbani is not wajib, but sunnah. Secondly, one qurbani%0D%0Asuffices for an entire household. You need not make a second qurbani for%0D%0Ayour wife.%0D%0A%0D%0A4. Firstly, zakah will only be wajib on the jewellery if it is kept by your%0D%0Awife as an investment. If it is kept for the purpose of use, and it is not%0D%0Aexorbitantly extravagant, there will be no zakah on it. Assuming that zakah%0D%0Ais wajib on it, you may pay it on her behalf, in money.%0D%0A%0D%0A5. The ghusl for hayd is performed immediately upon termination of the hayd.%0D%0AThe practice of waiting for an odd date to make the ghusl has no shar'i%0D%0Abasis. Any salah omiited due to unnecessarily waiting for an odd date must%0D%0Abe paid in.%0D%0A%0D%0Aand Allah Ta'ala Knows Best%0D%0A%0D%0AShaykh Taha Karaan%0D%0AShaafi'ee Madhab - Darul Uloom al-Arabia al-Islaamiyya (Western Cape, SA)%0D%0AFOR: DARUL IFTA, MADRASAH IN'AAMIYYAH - CAMPERDOWN