Ladies and Salaatul Jamaat

QUESTION:

Asalaamu Alaikum,

I understand that you only need to people to pray in a congregation - the
Imam and one other. My question is whether it is sufficient if the follower
is a woman? So can there be a congregation if the man is the Imam and the
follower is a woman. (ex: can a husband and wife pray in congregation?)

Thank you.

ANSWER:

Salaamun 'alaykum,

In a congregation of two people, it is o.k. for the Imam to be a man and
the ma'mum
(follower) to be a woman.

Liyakatali Takim

Ladies joining Salaatul Jumu'ah

Question:

I would like to know the rulings of Ayatullah Khui and Ayatullah
Seestani on the participation of ladies in the Jumaa prayers. I would
appreciate if this question could be answered by Mullah Asghar.

Answer:

In the event when attending Namaze Jummah becomes obligatory, women are
among those exempted.

So participation of the ladies would be voluntary. And if they pray Jumu'ah,
then it will not be necessary for them to pray Zuhr.

Asgharali M.M. Jaffer

Lapsed Prayers

Question:

I embraced Islam 12 years ago, but haven't always been as serious about
namaz as I should have. Particularly at times when I was under a lot of
pressure, like after my children were born, I let several prayers slide for
a long time. Now that I am regular in my namaz, I want to make up all the
prayers I missed, but my problem is that there is no way to calculate how
many there are. I know I am supposed to make them up in the order they were
missed, and in the form they were missed ( for example, shortened prayers of
the traveller ), but I can't even guess at that.

Now, clearly, I want to make them up as quickly as possible, but it just
isn't going to be possible for me to set aside great parts of the day to do
this. I have two small children and a very demanding husband, and I am
under a lot of pressure all the time. However, when I get up for Fajr, I
can usually count on some time alone, so I should be able to set up a
routine where I make up some of the prayers every day.

Also, I don't want to rush through them, meaninglessly, so I want to know
how I can pray in the most minimal way possible. Just how much can I leave
out and still have the namaz be valid? I wouldn't ask that if I only had a
few to make up; I'm really not trying to be lazy.

I follow the taqlid of Ayatullah Seestani.

Answer:

Make the best estimation possible on your lapsed prayers and
then discharge this obligation. It is noble of you to acknowledge
your past error and a commitment not to repeat the same. Indeed,
Allah (s.w.t.) is most Forgiving and Merciful: "Say: O my servants!
who have acted extravagantly against their own souls, do not despair
of the mercy of Allah; surely Allah forgives the faults altogether;
surely He is the Forgiving, the Merciful." (Qur'an, 39:53)

The obligatory recitation parts of the prayer are as follows:

The first takbir (Allahu Akbar), two suras (you can recite the
shortest surah from the Qur'an [Kawthar] after surah al-hamd), in the
ruku say "subhan-al-laah" three times, in prostration the same. The
tashahud is obligatory, however, only one out of the last two salaams
is mandatory. Qunut is not obligatory. For the third and fourth
rakat, the tasbihat-ul-arba'ah needs to be recited three times. The
other recitations that we normally recite are not compulsory.

wa bi-l-laahi-t-tawfiq,

Hamid Mavani

Laughing in front of Non Mahram

QUESTION:

Is it haram for a women to laugh or even smile in front of namahram men?

ANSWER:

It is Haraam for a man or woman to do anything in front of a
namahram that could lead to any thoughts or actions of lust.
If the smiling or laughing, in any manner, could lead the namahram
to think in a lustful manner, then it becomes Haraam.

Wassalaam,

Mustafa

Learning to play musical instruments

Question:

I understand that a recent publication in ARABIC from Ayatullah Sistani
discusses the issue of Music. In this particular question, the person asks if
it is permissible to learn to play musical instruments. Please restate the
question as a translation from the original ARABIC with the answer as a
translation from the original ARABIC. Please provide a reply as soon as
possible.

Answer:

The question and answer are as follows:

Q: Is it permissible for a Muslim to send his son to one of the musical
institutes to learn music as an art on the condition that his art will not
be used for a haram [purpose].

A: There is no harm to learn that music which is allowed (Agha says
al-musiqi al-muhallala) in itself, but to send children to musical
institutes, one must safeguard that this will not have negative effects on
their religious upbringing (or one can even translate it as religious
nurturing), and God knows best.

See Mustahdathat min Masa'il al-Shar'iyya

Iltimase du'a

Liyakatal

My question

We have a restaurant. We would like to lease it out to somebody. If the person
who leases my restaurant starts selling liqour in it will the money which
comes tome as my rent from it be lawful (hallal).

Answer

If the restaurant was leased as the eating place, and no mention or
permission about selling liquor was made, then if the tenant starts selling
it, the rental accrued from the restaurant is halal.

Asgherali M M Jaffer

Leasing for a socio/sport club and card room?

My question

We intend to make a socio/sports club. Inside it there will be a restaurant
and card rooms. Again if we lease it out and if unlawful activites like
gambling and consumption of liqour is taken place, such a venture will be
lawful?

Answer

Providing for card room is not permissible, because it is haram
irrespective of whether it is played against a stake or not.

Asgharali M.M. Jaffer

Leather touching with wet hands

QUESTION:

Assalamu alaikum
I just recently found out that a Muslim can not pray after touching with
wet hands anything that is made of leather from an animal that was not
slaughtered in an Islamic fashion. since i was unaware of this rule i
had purchased bags, purses and shoes made of leather before. is it
permissible for me to use them now? what if any of these items becomes
wet unknowingly or by rain? am i supposed to rinse my feet everytime i
wear those shoes before i pray since i don't know if my feet have become
wet or sweaty or not? also i have a couple of items that i am unsure of
their material. if i don't know if they are made of leather or not what
am i supposed to do?

ANSWER:

Salaamun 'alaykum,

You may use these items now but not when you are praying. You need to rinse
your feet only when you are sure that you have sweated or if any water
(e.g. rain) flowing from the shoes has come into contact with your feet.

If you are not sure if any material is made of leather or not then you can
assume that they are tahir.

With salaams and du'as

L. Takim

Leather Belt

QUESTION:

I have a question regarding wearing a leather belt during prayer, I was
wondering what is the Fatwa for different Maraje'?

ANSWER:

Salaamun 'Alaykum

The Maraji' have generally ruled that wearing things like leather belts in
salat is not allowed if the leather is not slaughtered in an Islamic way.

See Islamic Laws of Ayatullah Seestani's tawdhihu'l Masa'il p. 160

Allah knows best

Liyakatali

Leather patches on Jeans?

QUESTION:

Usually on Jeans, they have a leather patch. Is it okay to wear those jeans
or do you have to remove the leather patch? Also, how about leather belts?
I am asking about leather from a non-islamic country.

ANSWER:

According to Ayatullah Seestani, one can pray with that leather patch as
long as one is not sure that it came from an animal which has not been
slaughtered according to Sharia', regardless of whether it is local or
imported from a Muslim or non-Muslim country.

Asgherali M M Jaffer

Life in Prison

QUESTION:

Q1: Please explain what the Jaffari mazhab states and waive's for a Shia
serving a sentence in a non-Islamic state controlled prison?

ANSWER:

As far as performing the wajib acts and refraining from the haram is
concerned, a prisoner in a non-Muslim state has to do whatever he can within
his ability. (For example, in case of salat: if you do not have access to
water at all times, then you can always say your prayers with tayammum. If
the cell, for example, is not big enough to say the salat in proper manner,
then one should do it while sitting or even while lying on the bed.)
Probably, performing of the wajib acts would be more difficult than
refraining from haram. For example, it is haram to eat non-zabiha meat. In
this case, the prisoner should request for vegetarian food. If this request
is not honoured by the prison authorities, then, of course, Islam does not
say that one should strave to death. No, a person in such a situation,
should be eat the haram food in order to survive. After mentioning the
forbidden meat, the Qur'an clearly says: "But the one who is compelled, then
there is no sin upon him [as long as] he does not desire it or does not
exceed the limits [by eating more than necessary for his survival]. Allah
surely is Forgiving, Merciful." (2:173)

The basic Islamic view is that a person who is incarcerated does not have
much choice; and, therefore, if he misses some obligations because it was
beyond his control, then he would be forgiven for it.

Q2: Please also elaborate on the specifics of ones day-today dealing in
rules of conduct, religious obligations, food, and income/barter
compensation derived from in-prison activities that are allowed by sharia
and those that are forbiden (eg: assist in setting up chairs for
gambling, etc) ?

ANSWER:

It is difficult to elaborate on the specifics of this question since
I am not familiar with what goes on on a day-to-day basis in prisons. I have
already answered the question about obligations and food in the above question.
As a general rule, whatever is permissible by Islam would be allowed also in
the prison and whatever is not permissible by Islam would not be allowed in
the prison. So assisting in setting up chairs for gambling would not be
allowed. But any other activity which is basically halal would be permissible.

Yours in Islam,

Sayyid M. Rizvi

QUESTION:

Is Life Insurance permissible?

ANSWER:

It has generally been accepted as a legal contract by all Maraje.

For example, Ayatullah Khui (RA) stated about insurance in general:

748. Insurance means that a person may give to another person or
company a fixed amount every year, without claiming any return for it,
but it may be stipulated that if, for example, his person, shop, motor
car or house sustains any harm, the other person or company would
compensate him for the loss incurred, or recover the harm, or arrange for
his medical treatment. Such a transaction amounts to a gift for which
compensation has been paid and, if the body or property of that person
meets harm, it is necessary for hte other party to meet his obligations
in accordance with the agreement and there is no harm in receiving money
by him on this account.

(Articles of Islamic Acts (abridged), 1985, p. 219)

Wallahu A'alam

Mustafa Jaffer

Listening to Wind Chimes

Question:

I love the sound of wind chimes and was wondering if it is allowed? Can it
be connected to music and thus be haraam?

Answer:

Wind chimes cannot be classified as an instrument of music. According to the
distinction laid down by Agha Seestani, it is allowed.

Wasalaam

Asgharali M M Jaffer

Living in Joint Families

QUESTION:

It is very difficult & inconvinent to live with Non Mahrams in the same
house. Does it mean Islam discourages Joint family concept ?

ANSWER:

Islam is not opposed to Joint family system, as long as it is within the
Mahram fold. If Na-Mahrams are involved, then of course, Islam would
discourage it. As you may be aware, wife has a right to ask her husband to
arrange for her separate shelter.

Asgharali M.M. Jaffer

QUESTION:

I am planning to shift to a house very near a mosque. Does it become
obligatory to pray there? all salaat? with congregation if I am at home ?
Taqleed of Ayat Seestani

ANSWER:

Our Prophet (S.A.W.) and Aimma (A.S.) have emphasised on Salatul Jamaat
(i.e. congregational prayers) for all. But for those within a mosque's
neighbourhood, it has been strongly recommended that:
i) They should pray at the mosque always
ii) They should join Salatul Jamaat if it is established.

Asgherali M M Jaffer

Living in campus and fasting

QUESTION:

a)For students who live on campus and wish to visit their parents how can
they visit them without breaking their fasts?

b)For those students who travel everyday for school more than 15 miles
can they still fast?

c)How many days does someone have to live somewhere in a place other than
their house and still be able to keep all their fasts?

ANSWER:

I understand that many of our students live on campus and visit home
from time to time, and during holidays they may have some difficulty in
understanding the rules of fasting when they travel from home to campus or
vice versa. The following might prove of some help:

1. Basically the rules relating to qasr prayers apply in relation to
fasting. Generally speaking when qasr prayers are required to be
performed, the person is a traveller.

2. If a student visits home or is returning to the campus then-

(a) If he leaves home or campus before Zuhr time, the moment he reaches
hadde tarakhkhus (the boundary of the city or town in question) he becomes
a traveller and his fast becomes invalid.
If however he arrives at his destination prior to Zuhr, AND he has not
eaten or done anything to break his fast, he may continue the fast and it
will count as a valid fast. In other words, once he reaches hadde
tarakhkhus he is at liberty to break his fast, in which case the lapsed
fast will attract qadha only.

(b) If he leaves after Zuhr then he must continue the fast.

3. There is another aspect which is very important. For a student on the
campus, is the campus to be regarded as his/her home ? If he is going to
live on the campus for ten days or more than the rule with regard the ten
day stay applies and he must fast. If he is going to be there for lesser
duration (as when he visits his home town every week-end or so), his
situation will depend upon whose muqallid he is.

(a) If he or she is in the taqlid of the late Ayatullah Khui (A.R.), there
is no problem. Ayatullah has stated categorically that for a student
living on the campus attached to an institution of learning or even taking
up a residence in a private home or rented premises in that city so as to
be close to the college or school, that is to be regarded as his "watan"
for the duration of his stay there. He will then have two watans, the
family home and his the place where he has his residence to facilitate his
pursuit of learning. (see masalla 1340 of the Articles of Islamic Acts of
Ayatullah Khui.)

(b) For those who are muqallids of Ayatullah Seestani, although he has not
specifically dealt with the issue one can assume from his various rulings
that his position is the same as that of Ayatullah Khui. In fact some
scholars whom I have consulted on this issue have assured me that
Ayatullah Seestani has confirmed the opinion of Ayatullah Khui (The
relevant masaail are 1315 and the subsequent articles in the English
translation of his Taudhhul Masaail)

(c) For those who are still in the taqlid of Marhum Ayatullah Khumaini
(A.R.), I have had some difficulty. While most of his rulings on residence
and watan are almost the same as those Ayatullah Khui one finds a
statement in Article 1328 of his Tauhidhul Masaail (Urdu version) that a
temporary residence is not regarded as a watan. There has to be an
intention to reside permanently or at a place and for duration that by the
local custom (URF) it would be regarded as his watan. The learned scholars
whom I consulted were of the opinion that for a muqallid of Ayatullah
Khumaini it would be difficult to consider the campus as a home

[I am most grateful to al-Hajj Mulla Asghar, al-Hajj Mulla Muhsin Jaffer,
Sayyid Milani and our dear friend Dr. Liyakat Takim for their guidance to
me on the above issue]

3. With regard to the students who have to commute to their schools,
colleges or other institution of learning on regular basis, there is a
consensus of agreement amongst the fuqaha that there is no problem with
regard to fasting even while travelling to or from their homes. They would
come under the class of the people who are regular and frequent travellers.

4. If a person travels to a destination the return journey from which
exceeds 28 kilometers then, unless he is a frequent and regular traveller to
that place he can not fast unless he intends and makes a niyyah of staying
at that destination for ten full days (from sunrise to the sunrise of the
following day counts as a full day). This is the ten day stay rule to which
I have referred above.

I trust the above helps. If there are any other follow up questions please
refer to the Alim Network.

With salaams and du'aas from a humble servant of Ahlul Bayt and their
followers, and with a request to be remembered by you in your prayers,

Bashir Rahim

Lobster - Haram or Halal

QUESTION:

I am interested in the reasons why in Shi'i fiqh shrimp are halal but
lobsters and crabs are haram. [All three belong to the order Decapoda.]
I have read that shrimp are regarded as "locust" of the sea, which
makes them halal for food. From a biological point of view, this
idea does not make any sense to me.

ANSWER:

Salaamun 'Alaykum,

As far as sea food is concerned, only that fish which has scales may be
consumed. In addition, it must be alive when caught from the water. Crabs
are not classified as fish and may not be consumed. There is some
differences amongst certain ulama' regarding lobsters but the general
consensus seems to be that it should not be consumed.

See Ayatullah Seestani's Islamic Laws p. 489

Allah knows best

LIyakatali

Lost property

QUESTION:

I am a muqqalid of Ayat. Seestani
My question is, I found something lying on the ground unattended, What
should I do with it ? (Actually I mean Money or any valuables)

ANSWER:

I refer you to Rule No 2573 in Islamic Laws* (English version) pg. 477

"Amy lost property other than an animal, which does not bear any sign by
means of which it may be possible to locate its owner, irrespective of
whether it's value is less then a dirham (12.6 chickpeas of coined silver)
or not, can be kept for himself by one who finds it, but the recommended
precaution is that he gives it away as sadaqa on behalf of the owner,
whoever he may be."

Asgherali M M Jaffer

Lost property / Ghasb

QUESTION:

What is your opinion on one who used property (that no longer exists)
thinking it belonged for the use of all. My actual example is that I used
some washing powder that was left in the laundry of my block of flats. I
thought this powder was for the use of all but it actually belonged to
someone. However there is a probability that the person could have
abandoned this. It may be possible to trace the person to refund but is it
necessary as its value was very small? If it is neccesary to replace must
it be an exact replacement i.e. must it be with the same brand? Also if the
person agrees to no compensation is that OK?
I hope I have not burdened you too much with my question. May Allah help
you with your good works.

ANSWER:

If no one claimed back the powder, it is safe to assume that the owner
abandoned it for anyone to use it. Therefore it is not GHASB, nor can it be
classified as lost property.

Asgherali M M Jaffer

Ladies - To dress up and act as male

Question

Can you check for me, if it is permissible for ladies to dress up and act as male during a play / drama.

ANSWER:

Salaamun 'Alaykum

If the audience consists of both male and female, ladies can not act as man
as they will have to cover them selves in hijab whereas if the audience
consists of ladies only there is no problem.

With salaams and dua
S F Milani (Office of Ayatollah Dr Sayyed F H Milani
London: Thursday, 29 August 2002