`Iddah (waiting period) for Mutaa'

QUESTION:

Salaam 'Alaykum,

I was reading Sayyid Sharafuddin's Masail Fiqhiyyah and he (ra) mentioned
that the 'iddah for Mu'ta is the same as that for a slave-girl which is
45 days.

Do the other 4 Madhhabs also agree that the 'iddah for a slave-girl is 45
days?

ANSWER:

'Abdul Rahman al-Jaziri, an Egyptian scholar from the Azhar University
[1299AH/1882AD-1360AH/1941AD] who was assisted in publishing his 5 volume
fiqh text "al-Fiqh ala al-Mathahib al-Arba'a" by half a dozen of scholars
from the various 4 Sunni schools, states:

"The 'Iddah for a free woman when divorced is three Periods and the slave
is two Periods." [v4, p516, p521]

"The minimum Period is 15 days. The minimum clean time is 15 days" [v4, p518]

With the above, the total period of 'Iddah for a slave girl is as follows:
15 (from start of 1st Period)+ 15 (clean) + 15 (2nd Period)= 45 days.

Also, the 'Iddah for a free woman (who does not get her period) is three
months and the slave woman is half the time (45 days). [v4, p525]

Another reference for 'Iddah of divorce:

Sayyid Sabiq, a well known present day Sunni scholar, in "Fiqh
al-Sunna", v2, p343 says:

"Shafies say: The minimum possible 'Iddah (waiting period) for a free
woman by menstural period is 32 days and one hour..."

He goes on to say: "To abu Hanifa the minimum time is 60 days and the
other two (Malik and Ibn Hanbal*) 39 days."

* Also in "Zadul Ma'ad", v4, p208.

The above is based on three Periods in accordance to the aya [2:228].
As we mentioned earlier, the slave woman's waiting period is half the
time of the free women, which is generaly rounded to two Periods.

This is consistently similar to the Iddah, in Shi'ite jurispendence, of
the adult woman who consumated a temporary mariage and who gets her
Period: "Two full Periods are required." As to the "one who does not get
her Period due to an illness or the like, her waiting period is 45 days."
The pregnant woman "waits the longest of: 1) giving birth, 2) two Periods,
or 3) 45 days." [See Assayyid al-Sistani, "al-Masael al-Muntakhaba",
p426, issue #1087]

I hope this is sufficient to clarify the statement.

Shaun Astarabadi

`Iddah ( waiting period ) - A woman past the age of menopause - seeking divorce

My question is this.

QUESTION

A woman past the age of menopause is seeking a divorce from her husband
on the grounds thast he has not entered into intercourse with her for more
than one year. Is this grounds for divorce?

ANSWER

ONLY IF IT WAS MENTIONED AS A CONDITION IN A PRENUPTIAL AGREEMENT,
OTHERWISE NO.

`Iddah - woman in menopause, there is no `Iddah following divorce

QUESTION:

If the woman gains a divorce is she subject to 'idaa even tho she has
had no mutual relations with the man for more than a year and is, besides,
past the age of menopause meaning she has no further monthly courses and
thus cannot have children and it is my understanding that the reason for
'idaa if clarification of patrimony?

ANSWER:

As per Ayatullah Seestani's rulings, for a woman in menopuase
there is NO Iddah following divorce.

Wassalaam,

Mustafa

`Iddah - After mutaa' period is over - Is there any Iddah?

QUESTION:

If a woman ends a mut'ah and has not had any physical relationship with
her husband for a period of two months before the agreed upon experation
of the mut'ah does she still have an iddah? If a woman did not have any
physical relationship with her husband for a period of one month before
the experation of their mut'ah and she had mentruated, is her iddah still
two cycles of mentruation or only one? If their is any difference of
opinion on this issue, please respond with the judgement of Ayatullah Khamenei.

ANSWER:

The rules of 'Iddah dictate that a woman observes the 'Iddah from the time
when the divorce is pronounced or the time when the temporary contract
expires. The time of her last sexual contact is actually irrelavant to the
beginning of the 'Iddah and its duration. Therefore, the woman has to
observe the passage of two menstrual cycles from the time that the
temporary marriage expires. You will find all Ulema agreed on this point.

Was-Salaam.

Ali Rasheed

Ijaza of Khums from Maraje'

QUESTION:

Does an Islamic organization require an ijazah from the maraje' in order
to collect Khums for a project such as constructing a new
imambargah/masjid/library etc.?

ANSWER:

Khums is divided into two parts - Sehme Imam (AS) and Sehme Sadat. Every
believer is free to distribute the Sehme Sadat to any Sadat of his or her
choice as long as the two conditions of Istihqaq (deserving) and Sayyid
(true descendents of the Holy Prophet (SAW)) are fulfilled.

As for Sehme Imam (AS), it belongs to the Imam of the time and in his
absence, to his representatives who are our Maraji. The Maraji then appoint
Wukala (agents) who are given permission to collect. This permission
(Ijaza) may vary from agent to agent. Some have the authority only to
collect; some to collect and spend in projects they deem fit a percentage
varying from 5% to 100% of Sehme Imam (AS); yet others may obtain Ijaza
specific for a project. But without the Ijaza, one cannot collect Khums. It
is on the one who pays Khums to make sure that it is paid to the
representative of the Imam (AS) through an appointed agent.

Wa Minallaahit Tawfiq

Mustafa Jaffer -

QUESTION

Q1. Why do different Marajeh have different rulings on some matters and
similar rulings on other matters.

ANSWER:

Differences of opinion amongst the mujtahids on various issues
is the logical outcome of the fact that they are fallible human beings
whose research is tentative and subject to error. This applies to
any other discipline or field of research. Therefore, we should not be
alarmed if the mujtahids disagree on certain issues or revise their
opinions in light of new information, etc. The added complicating
factor when dealing with the discipline of Islam is that it consists of
historical data that cannot be repeated in a laboratory or subject
to empirical tests. A researcher has to carefully analyze the textual
data and critically assess the valdity and authenticity of the reports.
Some works have been destroyed and are no longer extant. Some works
were commissioned by the government to promote their own agenda, and
unscrupolous scholars received handsome salary for this exercise. Some
works were forged and invented by different groups for their private
agenda. Thus, the task of a mujtahid in sifting through this data and
assessing the data is a daunting one. Even, if all the mujtahids agreed
on which reports are genuine and valid, there would still be
disagreement on its interpretation. There is hardly a verse in the
Qur'an on which we do not have differing interpretations - philosophical
theological, mystical, legal, from secular perspective, humanist, etc.
The tentativeness of the research of the mujtahids is clearly reflected
in their customary closing statement after each fatwa: "Allah is most
Knowledgeable."

Hamid Mavani

Ijtihad - Why difference of opinion on matters of haram or halal

QUESTION

Why is there a difference of opinion on some matters being haram or
not between the mujtahideen. What is the consequence for muqallid for
such variation bearing in mind that such variation creates two
categories of people doing the same act - sinners and non sinners.

ANSWER

The first part of the question is answered above. The
muqallids would not be held accountable for that which exceeds their
capacity. That is to say, they were following the expert advise of
researchers in whom they had trust and confidence.

Hamid Mavani

Ijtihad - Immutable laws

QUESTION

Are there any category of matters that cannot be altered in any
way by Ijtehad - i.e. immutable laws and commands by virtue of being
firmly established as basic principles of Islam eg salaat, sawm, hajj
khums and zakat.

ANSWER

Yes, fundamental precepts that have an explicit sanction
in the Qur'an or tawatur hadith-reports would not be subject to change
under normal circumstances. However, in an exigency according to the
late Ayat. Khumayni even these fundamental ordinances can be altered
and subsumed under the need to preserve public welfare. It is also
important to take note that there are also immutable norms and values
in Islam - equity, justice, freedom, tolerance, egalitarianism, gender-
equality, etc.

Hamid Mavani

Ijtihad - What does the aql of a muqallid have in deciding whether to do an act or not?

QUESTION

Are Haram, wajib, mutahab, makruh and mubah relative to the
circumstances and what role does the aql of a muqallid have in
deciding whether to do an act or not.

ANSWER

Yes, they are relative to the circumstances. Take the
example of one dipping his/her head in water while fasting in Ramadan.
This would be haram under normal cirumstances, however, if someone
is sinking then it is wajib for the person fasting to rescue the person
from drowning, although this act would break his fast.

Islam, like any other discipline is a specialized area and discipline.
Thus, it requires proper training and familiarity with the sources
and languages. If a muqallid feels that he is competent to derive his
own rulings in particular area of Islam, then he can use his/her
findings and follow them (mutajazzi). However, for the majority of
the muqallids, they have no other option but to seek recourse to the
expert advise of the mujtahids and act upon their findings.

wa bi-l-laahi-t-tawfiq,

Hamid Mavani

`Ilm - e - Usool

QUESTION

In the Name of The one Worshipped, The Gracious (to all life), The
Mecriful (to believers). All Praise belongs to Him, The Most High; He who
is greater than the describers descriptions.

Please could someone explain what in essence Ilm-e-usool is and
how the Akbari claim that Ijtehad included Qiyas was invalid. I understand
the general view but am unclear about the specific points, in this matter.

ANSWER

Ilm-e-Usool can be considered an intellectual technique applied to
the Sources of Islamic Figh (mainly the Qur'an and Ahadith-e-Massumin-AS)
for the purpose of deriving rulings related to matter of Ibadat (religious
practices). By means of analogy, it is compared to the Logic (Mantegh) and
its application in philosophy. Ussooliun in Shi'ism believe that human
society is in need of many more laws than those explicitly stated in the
Holy Qur'an, which has about 500 verses. By applying Ilm-e-Usool, they
believe that we can derive all the laws needed from the Holy Qur'an and
Sirrah of the Massumin (AS) (their conduct and Ahadith). Of course
Akhbarioun and Sunnis have declared the end of Ijtihad, and do not agree
with this position partly because they do not have the same approach to
Ilm-e-Usool.

Since you mention that you know the general view of Akhbariun, I
do not know if I can add anything more. By way of briefing Ikhbariun can
be viewed as extreme opposite of the Sunni schools of Figh which takes the
Qur'an as the only source of Ahkam [a jurisdical ruling of an Islamic
jurist (faghih)] and in the face of new challenges for new Ahkam appeal to
Qiyas (analogy).

Akhbariun believe that the Qur'an is not a source of deriving
Ahkam but rather the Sunnah of Massumin is the only source we have for
deriving Ahkam because we cannot understand the true meaning of Qur'an.
Akhbariun, unlike Sunni schools and Ussooliun, believe any new rule is
impossible if it is not found in the Sunnah. Thus, all new phenomena are
ruled as Harram because their Ahkam is not found in the Sunnah on the one
hand, and Qiyas (analogy) is also haram on the other hand. They do not
believe Qiyas can be used as a basis for Ahkam. Of course Ussooliun in
Shi'ism do not have the same conception of Qiyas as Sunnis do, and they do
not believe that Ijtehad is Haram, as Akhbariun do.

As for the source I believe there is a work of Ayt. Sayyed
Mohammad Bagher Sadr called "history of the development of Ilm-e-usool"
available in English.

With Regards

Mohammad

`Imam `Ali in the Kalema

Question:

I am a freshman student member of the MSA chapter at California State
University, Fullerton. Just today, I was asked by a Sunni brother, why we
shias have 2 extra lines in our kalama. Unfortunately, I didn't have a
legitimate answer to this question. But before we attempt to answer it,
please read on and let me explain how this question came about.

As a university requirement, one must take 2 World Civilization class. I am
in the 1st course right now. And at the moment we are studying Islam. I went
through our book, and found numerous flaws. I reported this to our
MSA, and they advised me to sit down with one of my class mates and
collaborate a list of flaws and present it to the professor so that she may
correct it during her lecture. We did just that, and Wednesday Nov 6th
lecture, was so good. The Professor praised Islam, and cleared all the
misconceptions of this magnificent religion. Tomorrow she will speak upon a
touchy subject; the separation of Shia and Sunni. So my classmate, whose
name is Haaya, and I got together today to exchange points of view so that
we may correct the professor. She is a Sunni. We professionally exchanged
our views and history (our goals is to show that there is no seperation
between Sunnis and Shias, they are brothers and sisters. What difference is
among them is political and that does not reflect in any sort of
discrimination against each other). In the process, the VP of MSA, Irfan,
gave his input. He then asked me to explain to him why Shias added two lines
to the Kalama. He noted that the Qur'an states "la illaha il lallah,
Muhammed dun Rasullulah" in context ( not exact words but it does state it,
which is true of course). Now I am unaware if anything about imam ali stated
in the Qur'an. And I would like to know if its stated. In actuality I would
like to know why and when the two lines to our kalama were added. I
know this is a very touchy subject, and with no means did the brother mean
harm. But in order to defend my faith, I would like to answer him with the
best and most knowledgeable way, accordingly I seek your help. If
references can be provided, they will be truly wholesome and beneficial.

Answer:

Since I don't know exactly what is meant here by the "two lines to our
kalama", I will assume you mean "Ashhadu anna 'Alian waliyul Allah", which
is optionally said in adhan.

The proof is in Surat al-Maeda [5:55].

"Innama WALIYUKUM Allah wa rasuluhu wa allatheena amanu: allatheena
yuqeemuna al salata wa ya'toona al zakata wa hum raki'uoon."

By Mir Ahmad Ali translation:

"Verily, verily, your guardian is (none else but) God and His Apostle
(Muhammad) and those who believe: those who establish prayer and pay the
poor-rate, while they be (even) bowing down (in prayer)."

Yusuf Ali's weaker translation:

"Your (real) friends are (no less than) Allah, his apostle, and the
(fellowship of) believers, those who establish regular prayers and
regular charity, and they bow down humbly (in worship)."

The aya clearly instruct Muslims to follow three entities for guidence and
authority: (1) Allah (awj); (2) Mohammad (sawaws); and (3) Ali bin abi Talib
(as). As he (Ali) was the one whom this holy aya was revealed about, when
he was praying and gave his ring as zakat to beggar while in the state of ruku'.

Consult any expanded multi-volume Sunni tafseer (commentary) for this aya
and you will find that this aya was revealed in none but Ameerul Moemineen
Ali bin Abi Tablib (as). Therefore, we say "Ali Wali Allah" per Allah's
definition.

The following aya is also related, [5:56], it expands on why:

"Whoever taketh as his guardian, God and His Apostle and those who believe,
verily, (he hath joined) God's battalion; They are those that shall (always)
by triumphant."

Allahumma Salli 'ala Muhammad wa aali Muhammad wa Sallim Tasleeman Katheera.

abu-Yousif

QUESTION:

I have a question about imamate. I had learned that each generation has
its imam, including the generations before the Prophet (saw). I wanted to
know if this is correct, and if so, what about the people who lived between
the time of Jesus (as) and the Prophet? (saw) Who was their imam?

"Whosoever dies without recognizing the Imam of his time dies the death of
the Jahiliyyah." (Prophet (saw))

ANSWER:

The following is the answer to your question about an "Imam" between the
time of Jesus (a.s.) and the Prophet of Islam (a.s.).

Frist of all, Imam means "a divine leader" appointed by Allah, subhanahu wa
ta'ala. An Imam can be a nabi, a rasul, or a successor of a Messenger of
God. For example, we can say that Ibrahim, Musa, Harun, Muhammad and 'Ali
(peace be upon them all) were Imams. However, Ibrahim, Musa and Muhammad
(s.a.w.) were Prophets and Messengers of God also; whereas, Harun was a
Prophet and a successor of Musa; but 'Ali was not a prophet or a messenger
of God, he was successor of Prophet Muhammad (s.a.w.).

Secondly, what Shi'ism believe on this issue is that at no time is the
earth without a "hujjat" of Allah. Hujjat means 'proof'; it is used to
describe a divinely appointed guide for the people. The hujjat can be a
prophet, a messenger, or his successor.

Thirdly, not all the prophets were sent for the entire mankind. The
nubuwwat of Prophet 'Isa (a.s.) was not universal; he was not sent for all
the people; he was sent only as a nabi for the Israelites. This is also
confirmed by the statements of Jesus quoted in the present-day New
Testament where he says, "I have not been sent but to the lost sheep of the
house of Israel." Therefore, we see that while the children of Israel followed
their
prophets from the line of Ishãq bin Ibrahim, Ismail bin Ibrahim was sent as
a prophet to the Arab people. Consequently, it was possible for an
Israelite to gain salvation by following Jesus while his Arab contemporary
could gain salvation by following Ismail and Ibrahim.

Among the later prophets, only the nubuwwat of Prophet Muhammad (s.a.w.)
was for the entire human society as Allah, subhanahu wa ta'ala, says: "And
We have not send you but as a mercy for the universe." (21:107) "And We did
not send you but as a bringer of good news and as a warner for the people
altogether." (34:28)

So your question should be that who were the hujjats of God among the
Israelites after Jesus till the advent of Islam, and who were the hujjats
of God among the Arabs after Ismail till the advent of Islam.
Unfortunately, I do not recall any names in our sources among the disciples
of Jesus as the guides after him. But I believe there must have been some
who were true and uncorrupted in their belief in the nubuwwat of 'Isa, and
who continued to guide others and also foretold the coming of Prophet Muhammad
(s.a.w.). For example, Salman al-Farsi, in his journey from Zoroastrianism to
Christianity to Islam, was guided by a Christian holy man who gave him some
specific signs to look for in the person of the last Messenger of God who
he believed was to emerge during their time. And that is how Salman found
his way to Islam and Prophet Muhammad (s.a.w.).

Was-salaam,

Sayyid Muhammad Rizvi

Imam Husayns' complete Khutba in Mina

After the death of Mu'awiyah in Rajab 60 A.H., Yazid attempted to exact
allegiance from Imam Husayn (a.s.) in order to secure undisputed
possession of the Caliphate. The Imam was the rightful successor to the
Holy Prophet (s.a.w.) and could never have given bay'at to a man as
corrupt as Yazid. The Imam left Madinah with his family, and headed
towards Makkah. While in Makkah, the Imam was informed that Yazid had sent
soldiers to assassinate him. In order to avoid bloodshed and preserve the
sanctity of the Haram of Makkah, the Imam left Makkah for Kufah, on the
8th of Dhu al-Hijjah. Dhu al-Hijjah being the month of Hajj, Makkah was
filled with pilgrims, and the Imam delivered the following sermon at Mina,
before his departure. [Moderator]

O people, take lesson from the counsel God gave to His friends when He
rebuked the rabbis by saying: "Why do the scholars and rabbis not forbid
their sinful talk and consumption of what is unlawful? Truly what they
have done is evil." (5:63)

And God says: "Cursed by the tongue of David and Jesus, son of Mary, are
those among the Children of Israel who disbelieved on account of their
rebellion and transgression. They did not prevent each other from
committing vile and corrupt acts; surely what they did was abominable!"
(5:78-79)

God reproached them because they saw with their own eyes the oppressors
committing vile and corrupt acts, but did not stop them, out of love for
the favours they received from them as well as fear of persecution and
injury. However, God says: "Fear not men, but fear Me." (5:44) And He
says: "The believing men and women are friends and protectors to each
other; they enjoin the good and forbid the evil (they perform the prayer,
and pay the alms, and obey God and His messenger. They - upon them God
shall have mercy; God is Almighty, All wise)." (9:71)

God mentions the duty of enjoining the good and forbidding the evil (al
amr bi al-ma'ruf wa al-nahy 'an al-munkar) before all other duties,
because He knows that if it is performed and is established in the society
all other duties, the easy and the difficult, will also become
established. The reason for this is that al-amr bi al-ma'ruf wa al-nahy
'an al-munkar means summoning people to Islam, as well as resistance
against injustice, opposing and struggling against oppressors, and
endeavouring to ensure that public wealth and income derived from war are
distributed in accordance with the just laws of Islam, and that taxes are
collected, levied, and expended in due and proper form.

O scholars, who are celebrated and enjoy good repute on account of your
learning! You have achieved a good name in society because of your good
will. It is on account of God that men venerate you and stand in awe of
you, so that even the powerful fear you and the weak honour you, and those
who are not subject to you and over whom you hold no authority grant you
favours they deny themselves. When the people do not receive their due,
they seek your intercession, and you walk in the street with the majesty
of kings and princes. Have you not earned all this respect and prestige
because of the people's hopes that you will implement God's laws, even
though in most instances you have failed to do so?

You have taken lightly your duties as leaders. You have neglected the
rights of the oppressed and the lowly, but have assiduously pursued what
you regard as your personal rights. You have not spent your money or
risked your life for the sake of the One Who gave you life, nor have you
fought against any group or tribe for the sake of God. Nevertheless, you
desire - and regard it as your due - that He should grant you paradise,
the company of the Prophet, and security from His chastisement in the
Hereafter. You have such expectations of God, I fear that the full weight
of His wrath will descend upon you, for although it is by His might and
glory that you have achieved high rank, you show no respect to those who
truly know God, while you yourself enjoy respect among God's creatures on
His account.

(I am also afraid for you for another reason: ) you see the covenant
enacted with God [1] being violated and trampled underfoot, yet you show
no anxiety. When it comes to the covenant enacted with your fathers, you
become greatly disturbed and anxious if they are violated in part, but the
pledges you have given to the Most Noble Messenger [2] are a matter of
complete indifference to you.

The blind, the dumb, and the chronically ill everywhere lack protection in
towns and no mercy is shown them. But you neither behave in accordance
with your function and rank, nor you support or pay any regard to those
who do. You purchase your safety from the oppressive ruling powers with
flattery, cajolery, and compromise.

All these activities have been forbidden to you by God, and He has,
moreover, commanded you to forbid each other to engage in them, but you
pay no attention. The calamity that has befallen you is greater than what
has befallen others, for the true rank and degree of ulama has been taken
away from you. The administration of the country and the issuing of
decrees and ordinances should actually be trusted to religious scholars
who are guardians of God's ordinances concerning what is permitted and
what is forbidden. But your position has been usurped from you, for no
other reason than that you have abandoned the truth (al-haqq), and have
disagreed about the nature of the Sunnah, despite the existence of clear
proofs.

Had you the forbearance to endure adversities and hardships for the sake
of God, then all proposed regulations (God's affairs) would be brought to
you for your approval and for you to issue; authority would lie in your
hands. But you allowed the oppressors to take away your functions and
God's affairs (i.e. government) to fall into their hands, so that they
administer them by resorting to ambiguities and make arbitrariness and the
satisfaction of lust their consistent practice. What enabled them to gain
control of government was your fleeing in panic from (inevitable) death
and your love of life, which shall in all certainty depart from you. As a
consequence of that mentality, you have delivered the powerless masses
into the clutches of the oppressors. While some cringe like slaves under
the yoke of the oppressors, and others have been reduced to destitution in
regard to their livelihood, the rulers run the affairs of the government
in accordance with their whims, earning ignominy and disgrace for
themselves with their licentiousness, following evil counselors and
showing impudence toward God. One of their appointed spokesmen mounts the
pulpit (minbar) in each city. The country is defenseless before them,
and their hands grab freely whatever they want of it. The people are
their slaves and are powerless to defend themselves. One of the governors
is a dictator by nature, malevolent and rancorous; another represses his
wretched subjects ruthlessly; and still another refuses in his absolutism
to recognize either God or the Day of Resurrection! It is not strange -
how can one think it strange - that society is in the clutches of a
cunning oppressor whose tax collectors are oppressors and whose governors
feel no compassion or mercy toward the believers under their rule.

It is God who will judge concerning what is at dispute among us and
deliver a decisive verdict concerning all that occurs among us.

O God! You know that everything we did was not prompted by rivalry for
political power, nor for such a search for wealth and abundance; rather it
was done to demonstrate to men the shining principles and values of Your
religion, to reform the affairs of Your land, to protect and secure the
indisputable rights of Your oppressed servants, and to act in accordance
with the duties You have established and the norms, laws, and ordinances
You have decreed.

So (O scholars of religion!) You are to help us reach this goal, win back
our rights from those powers who have considered it acceptable to wrong
you and who have attempted to put out the light kindled by your Prophet.
God suffices us - upon Him do we rely, to Him do we turn, and to Him shall
we return.

[1] i.e. the social contracts that establish the institutions of society
and determine social relations in Islam.

[2] i.e. Islamic relationships based upon the oath of loyalty sworn to the
Prophet and the similar pledge to obey and follow his successors, 'Ali
(A) and his descendants, given to the Prophet at the pool of Khum.

Al-Tawhid, Vol VII, No. 4, Shawwal - Dhu al-Hijjah:

"Al-Imam al-Husayn's Everlasting Message to Religious Leaders: Exposition
of the Hadith of Mina" By Imam Ruhullah al-Musawi al-Khumayni, Translated
from the Persian by Dr. Hamid Algar.

Imam Husayns' Martydom

QUESTION:

Salaam alaikum

After Imam Hussain's(A.S.) martyrdom , how did Islam change for the
majority of the Muslims, did they still follow Yazid and his companions,
or did they realize that Imam Hussain(A.S) was the true calipha? Why do
people say Imam Hussain(A.S.) sacrificed himself for us? Does that mean
if he didnt go to Karbala and had finished his hajj trip Islam wouldn't be
here today?

ANSWER:

Salaamun 'alaykum,

The supreme sacrifices of Imam Husayn (AS) had the net effect of producing
a revolution in the minds of many dormant Muslims. Many asked themselves
as to how they could remain indifferent when many of the sunah of the
Prophet (AS) were being trampled on and when Allah's injunctions were
being neglected?

There were 2 main revolts which challenged the Umayyad regime soon after
the events in Kerbala - the Tawwabun movement led by Sulayman b. Surad and
Mukhtar's revolt against those who had perpetrated the crimes in Kerbala.

There were other revolts also like those of Abd Allah b. Zubayr's fight
against Yazid and later on the challenge of Zayd .b Ali.

Imam Husayn's sacrifices should not be judged solely by the ensuing
revolts. Rather, there were many who questioned their consciences as to
how the Qur'an and the sunan had been neglected by the Umayyads and how
they did not react to the situation

Had it not been for Imam Husayn's sacrifices, the original Islam brought
by the Prophet (SAW) would not have reached us. The differentiating line
between haqq and batil would have remained obscure.

For a good source on the effect that Imam Husayn's sacrifices had on the
minds of the Muslims, see: Jafri, The Origins and early Development of Shi'a
Islam.

With salaams and du'as

Liyakatali Takim

QUESTION:

I got the following paragraph from a Sunni site and they attacked Imam
Khumaini because of this: 'All prophets came for the purpose of laying down
the foundation of justice in the world, but they failed to do so; even the
Prophet Muhammad (Sallahu alahi wa sallaam), seal of the prophets, who came
to reform mankind and implement justice was not successful during his era. Surely the person who will succeed in doing so, who will establish justice
in all corners of the earth and straighten out all deviations is Imaam Mahdi al-Muntadhar
...
And the reason why Allah, Most gracious, has prolonged the life of Imaam
Mahdi, May peace be upon him, is due to the fact that no other human being could carry out this task, including the prophets and the saints .... surely this anniversary celebration, this festival of the Mahdi, is a celebration of
great importance. Relative to Muslims it is considered greater even than the
birthday anniversary of the Prophet (Sallahu alahi wa sallaam).
(Al-Mujtama al Kuwaiteeya, no448, 8/7/1980).

Please can you verify if Imam khumaini had said this or not.

ANSWER:

I have not seen this particular passage of Marhum Ayatullah Ruhullah
Khumaini (a.r.). However I can understand the criticism from the Sunni
community. After all, the Holy Prophet's endeavour to establish a just and
equitable society were frustrated by the saqeefa.

If you wish confirmation that Ayatullah Khumaini did actually write the
passage please refer the question again 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

Imam Khomeini - Revolution

QUESTION

I am researching Ayatollah Khomeini for a class and have a few questions
about him. Some of the books I have found talk about executions of
teenage girls for handing out pamphlets against the revolution, riots
which resulted in deaths at universities to make the universities
segregate the sexes. The books do not say but imply that Ayatollah
Khomeini supported these type of acts, do you know more about that?

ANSWER

First of all please forgive me for the inordinate delay in responding.

Iran was in the vice grip of a revolution. The country had to contend with
forces both internal and external determined to stop the establishment of an
Islamic Republic. One must never be judgmental about the events during a
revolution. It was a revolution conceived and executed under a great faqeeh. One
will never know what happened with his authority and what was done by the
opportunists who clambered on to the band wagon of the revolution. Even in the
times of the Holy Prophet (SAWA) certain occurrences took place without his
knowledge. The example which springs to the mind is the expedition of Khalid
ibne Walid immediately following the almost bloodless conquest of Mecca.

Bashir Rahim

Imam Khomeini - Apostacy - Irtidad is the act of turning away from Islam after accepting it

QUESTION

Also in this study the question about apostates comes up. Where is the
line drawn of when an apostate should be executed or should not be?
Obviously I think if he is coerced or insane, etc. those are extenuating
circumstances, but what about the case if, as an example, someone grows up
in a place controlled by Taliban and thinks Taliban is what Islam is all
about and thus convert out of Islam, since what they were believing was
not really Islam would they still be considered apostate needing
execution? I was just curious about this issue.

ANSWER

Some time back Dr. Liyakat Takim gave an excellent dissertation on
apostasy on the Alim Network. I can not do better than quote from his response:

"Apostasy (irtidad) is the act of turning away from Islam having accepted
it. This involves the rejection of tawheed and nabuwwah and the essentials
of Islam (e.g. that the Qur'an is a book of God).

There are 2 types of murtadd - fitri and milli.

A fitri murtad is one who was born of Muslim parents (or at least one
parent) and then rejects Islam. If he rejects Islam, then, according to
the fatawa of our maraji (including Ayatullahs al-Khu'i and Khumayni) he
is to be killed.

A milli murtad is one who converts and then rejects Islam - He is to be
given 3 days to repent and accept Islam again. If he does not accept by
the fourth day he is to be killed.

A Murtadd has to be baligh, be sane, be free in his rejection of Islam.
A woman murtadd (whether of the fitri or milli type) is not to be killed.
She is to be imprisoned."

Those who accept (but do not practise) Islam cannot be considered to be
murtadd. So a person who doesn't pray is not a murtadd. One who recites
the shahada and then states that the prayer should be done in a different
way is not a murtadd but is a sinner since he/she has rejected the form
prescribed in the Qur'an and in the sunna of the Prophet (SAW).
Similarly, one who believes in a fresh and different interpretation of
the Qur'an is not an apostate as long as he/she does not reject the
Qur'an itself.

The questions you have raised e.g. on hijab concern the furu' not usul -
therefore one who rejects them is still a Muslim but a sinner. However,
one who states that the salat for example is not a part of Islam or
rejects the essential teachings of the Qur'an or believes that the
Shari'a is no longer to be practised falls outside the pale of Islam (He
is different from a person who believes in Islam but does not practise
the shari'a at all)

One who does not accept the Imamat or isma is not considered to be an
apostate - however, he/she is not amongst the followers of the ahlul bayt
since he/she has rejected the wilaya of our ai'mma (peace be upon them
all). The Sunnis do not accept the wilaya of the Imams but are still
considered to be Muslims.

For those who are murtadd, since the hudud can not be practised in the
west, it is merely better, in my humble view, to show them the true and
unadulterated teachings of Islam through our actions. Insha-allah, one
day they will see the light again.

The punishments prescribed above are to be applied when a person
voluntarily renounces Islam. A person who is a kafir is not an apostate
but a disbeliever.

As for the philosophy of the punishment of irtidad, I would refer you to
a book called Human Rights and the Conflict of cultures: Western and
Islamic Perspectives on Religious Liberty, by David Little, John Kelsay and A.
Sachedina."

You will have noted from the above exposition that only an Islamic Country where
the shari'ah laws apply can the above punishments be imposed. Even then after a
proper Islamic trial

Bashir Rahim

Imam Khomeini - True Mujtahid at a time?

QUESTION

Another question that came up is that many followers of Ayatollah
Khomeini seem to believe that he was the one true mujtahid at the time and that
others were not really acceptable, and the same with Ayatollah Khameini today.
Is there any indication that there should be only one "true" mujtahid at a time?

ANSWER

All the marja'i are people great learning who have the authority to give rulings
on matters of fiqh. In the time of Ayatullah Khumaini we had several mujtahids
just as we have to-day. Nationalism, though admirable amongst the nationals
concerned, can not and must not be confused with marji'i.

Please do not hesitate to submit to the Alim Network any supplementary question
you may have.

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

Imam of Salaat or Jumaa? Can they be smokers?

Question

Can a smoker lead a Jamat Prayer (Daily prayers or Jumma Prayer) ?

Answer

The question is a valid one.

There does not appear to have been been a total ban on smoking by any of our
recent fuqaha, I am given to understand by some one I respect a great deal
that the late Ayatullah Ruhullah Khumaini had opined that for those already
smoking it was permissible for them to continue to smoke but it was not
permissible for any non-smoker to start smoking. The rationale must have
been founded on the preponderance of evidence linking smoking with cancer
and other chest diseases, at the same time taking into account that for
those already heavily addicted to smoking it may do them more harm than good
be forced to give it up. (Exactly the opinion given to me by my cardiologist
after my last heart attack.)

The late Ayatullah Khui, I believe, did not rule smoking to be haraam.
Incidently, he was himself a chain-smoker.

However, I have not seen either of the above rulings and there is, as far as
my research goes, nothing in the books of Ayatullah Seestani on smoking
although while discussing permissible foods and drinks he does state
categorically that it is not permissible to eat or drink any thing that may
have deleterious effect on health. This would apply, I believe, to a
diabetic taking unwarranted amount of sugar or some one habitually
over-eatingand similar other cases.

I feel that the question of smoking needs to be referred to Ayatullah
Seestani and I shall, >inshallah, endeavour to do so and post any edict issued.

Whatever the ruling, I doubt whether it would effect the adaalah of the Pesh
Imaam. But that aspect could also be referred to the marja'.

With salaams and duaas from an humble servant of Ahlul Bayt and their followers,

Bashir Rahim

Implications of Ayatullah Seestanis' ruling on Aziz Sachedina

QUESTION

What are extent and implications of the recent ruling of Ayatullah Seestani
on the speeches and writings of Dr. Abdul Aziz Sachedina?

ANSWER:

Ayatullah Seestani's ruling with regard to Dr Sachedina is not just a
fatwa. It is a hukm of general application and would apply to both his
muqallids and non-muqallids. We have to appreciate that on the face of it,
the hukm relates to one scholar and all the mu'mineen "are enjoined to
refrain from inviting him for lecturing at religious gatherings, and not to
approach him for seeking answers to questions pertaining to belief."

However, taking into account the genesis of the ruling, it would apply in
relation to any person who makes use of the minbar (pulpit) and then to
impose his own personal views on the aqaaid and shari'ah, and thus attempt
to destabilise the beliefs of his audience.

Furthermore, such rulings are like judgments in a case, and therefore
remain valid even after the death of the mujtahid.

People like me who are entrusted by the community with their religious
education must ensure that we never attempt to mislead them. We have to
follow the path trodden by eminent scholars and not to bring about
confusion to issues relating to aqaaid and shari'ah.

We also have to ensure that the questions of ijtihaad and taqlid are
properly understood and that we do not ever cast slur on the integrity or
knowledge or authority of the fuqaha for any personal agenda.

I trust that I have responded to your question comprehensively. If there
are any questions please refer to the 'Aalim Network.

With salaams and dua's and with a request to remember me in your duas,

Bashir Rahim

Also, in "The Message of Thaqalayn," a quarterly journal of Islamic
Studies, Vol 4 No.1 Spring 1998/1418, the difference between Fatwa and Hukm
has been extensively dealt with by Muhammad Sadiq Mazinani. I quote three
paragraphs from it:

QUOTE

Fatwa, as termed by the jurists, is stating of a view by a faqih in
religious and related matters on the basis of divine sources, while hukm is
issued by the hakim (supreme religous leader or ruler) for implementation
of religious decrees and compulsion on performance or avoidance of an
action for any best reason. Therefore Fatwa and Faqih are different from
Hukm and Hakim.

The relation between people and jurist is the relation of a specialist or
skillful person with non-specialists or lay persons and nothing more. But
the people's relation with the ruler is the relation of the Ummah with the
Imam. The faqih, thus possessing qualifications of leadership is the hakim
and the leader of the Ummah.

The territory of a faqih's fatwa is confined to himself and his followers
and is not binding on other fuqaha. However, the hukm of a hakim is not
only to be followed by other fuqaha, but is also binding even if it does
not coincide with their own fatwa. Therefore in matters of contradiction,
the hukm has the priority over fatwa.

UNQUOTE

It is also understood that the historic ruling of prohibiting Tobacco
issued by Ayatullah Mirza Shirazi was a Hukm as was the most recent one
issued by Ayatullah Khomeini on Salman Rushdie.

Implications of Ayatullah Seestanis' ruling on Aziz Sachedina - Follow up

FOLLOW-UP QUESTION:

Assalaamu'alaikum,

First, I'd like to apologise for my ignorance. I am a new follower of Shia
school of thought.

I read on your posting about Implications of A. Seestani's rulings on Dr.
Sachedina.

That posting explains the terms of Hukm and Hakim.

After reading the explanation, some questions appeared in my mind.

1. According to the explanation, does it mean that Ayatullah Seestani is a
Supreme Religious Leader just as Ayatullah Khamenei is?

2. Is every marja-e taqlid also a Supreme Religious Leader?

3. If the answer to question #2 is yes, does it mean that we have more than
one Supreme Religious Leader?

4. If the answer to the question #3 is yes, how about if the Hukm of one
Hakim is in contradiction to the Hukm of another Hakim?

5. Does the term Hakim (Supreme Religious Leader) have the same meaning? as
Wali-e Faqih?

FOLLOW-UP ANSWER:

I thank you for having asked very pertinent questions. Unfortunately my
response
will have to be somewhat exhaustive, if not exhausting.

Firstly, allow me to explain what my opinion was on the distinction between a
'fatwa' and a 'hukm'.

I would briefly like to reiterate that a fatwa is a ruling of a mujtahid in
the
realm of fiqh. A hukm , as was explained by Shahide Awwal in his book 'al-
Qawaa'id wa al-Fawaa'id', is a statement of a mujtahid defining option or
obligation in any worldly matter'. Whether one should recite tasbeehe arabaa
once or thrice in the third or the fourth rakaat of a salah is a matter
regulated by fatwa. Mujtahids can differ in their opinions and the
muqallids of any mujtahid would be bound to follow the ruling of their respective marja-e-taqlid.

However there may be matters of political, social or economic significance
affecting the community or there may be a private dispute between two or more
parties. In these matters the ruling or statement given by a mujtahid would
be a hukm. Historically, all hakims consider a hukm by one hakim-e-shara' as
legally binding on themselves though they may have personal reservations. You will appreciate that for proper social order this rule is followed strictly in
our jurisprudence.

For instance, when Ayatullah Mirza Shirazi declared the use of tobacco as
forbidden, 'Ala al-Daulah went to Iraq on behalf Nasr al-Din Shah to seek the
permission of the other jurists, but all the other jurists were unanimously of
the opinion that Mirza Shirazi's ruling was a hukm and not a fatwa and as such
it was binding on all to follow.

The tobacco hukm also clarifies any doubt which may exist in relation to the
geographical scope of a hukm. Ayatullah Shirazi was dealing with a particular
political problem of Iran. The hukm was held to be universally binding.

In the case of a hukm the language used may be that of a command or an
admonition or an advice, depending upon the subject matter at hand. In all
cases the community must regard it as incumbent upon them to follow the hukm.
Thus while in his fatwa a mujtahid may declare an action to be wajib,
mustahab, haram, makrooh, or ihtiyatan, the hukm by its
very nature can not be divided accordingly. Whatever the language, we should
regard it as binding.

In the Wessex Jama'at it was suggested to us that for our sports facilities we
should apply for a grant from the lottery fund. The government has a lottery
fund in which are deposited all the profits from the weekly lottery. We
referred the matter to Ayatullah Seestani. A full explanation was given. Ayatullah ruled that while there was no juridical objection to us applying for and using the fund, it would effect our reputation in the general Muslim community and for the reason he advised against it. We ofcourse treated the advice as binding.
Although it was a Wessex matter and a Wessex reference, the world wide
community would be bound by the advice.

The following hadith will help our understanding of the issues involved.

It has been narrated on the authority of Umar bin Hanzalah, who said: I asked
Abu Abdillah (AS) regarding two of our people who have a dispute related to a
loan or inheritance. These [two people] submit their case to the ruler [of the
time] and the judges. Is this permitted?

He (AS) replied: Whosoever submits a case to tyrants who then pass a verdict
will be gaining illicitly even if it was his right, simply because he received
judgement from tyrants.

I asked: What should they do?

He (AS) replied: Find amongst yourselves a person who has narrated our
ahadeeth, has studied what we have decreed halaal and haraam and understands our rules.
Let him judge you for I appoint [such a person] a judge over you. If he rules
according to our traditions and his ruling is NOT accepted, then Allah's rule
has been undermined and we have been rejected and anyone who rejects us,
rejects Allah and is bordering Shirk.

'As Saraa'ir' by Abu Mansur Muhammad bin Idris Muhammad Al Ajli Al Hilli as
found in Silsilat Al Yanabi Al Fiqhiyyah compiled by Ali Asghar Marwarid
Vol 23 Pg 300. Also found in 'Al Kafi fil Fiqh' by Abu Salah Taqiud Din ibn Najmud Din Abdullah Al Halabi As found in Silsilat Al Yanabi Al Fiqhiyyah compiled by Ali Asghar Marwarid Vol. 11 Pg. 55

Now let us try and consider your individual questions.

(1) The answer is yes.

(2) Again the answer is yes.

(3) Yes again. In the matter of jurisprudence they may have different opinions
and their muqallids would be bound as explained above.

(4) I have explained this at some length.

(5) The concept of wilayatul faqih as a political instituion is a different
concept and it would perhaps be more convenient to address it as a separate
issue.

If you have further questions please forward them to the Alim Network.

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

Bashir Rahim

Importance of Fiqh and 'Ilm

Asalaam alaaykum,

The following hadith appeared in a forum recently, and some friends and
were discussing it and found we could not understand it very well.

One hadees from Imam Jafar(AS) says if you have 24 hrs left of your life,
memorise as many practical laws of Islam as you can !! He did not advise
Quran/Dua etc etc which would normally occur to us.

First, we are unable to verify the hadith, perhaps you can.

Secondly, our main point of confusion is this: we can understand studying
the practical laws in order to apply them or teach them. We understand
the importance of action. If we had twenty four hours left we can see the
value of doing dua for others or teaching or many other things but have a
hard time to understand why it is preferable to learn a lot of laws never
to be applied in your lifetime. There is another hadith from the Prophet
(saw) which says, "An hour spent in acquisition of knowledge is better
than sixty years of worship." Again, we understand this if the knowledge
is to be used, applied, and passed on, but if we only had 24 hours left we
understand other things to be more useful, thus we have trouble
understanding the point of this hadith. Basically, we would like any
insight you can provide on this. Thank you very much for your time and
effort.

ANSWER:

In both the Hadeeth, the analogy is to convey the importance of FIQH and
ILM. In such analogies, one has to understand that the apparent comparison
is of secondary importance. Primarily, it is to convey that FIQH and ILM
are of basic importance, without which the worship is quite a ritual.

Asgharali M.M. Jaffer

In-Vitro Fertilization

QUESTION:

Salamun Alaykum:

Please reply the following questions for me which will be good information
to Shia women.

Q1. If Shia woman cannot be pregnant because her fallopian tubes are
blocked or damaged, can she use in-vitro fertilization for her eggs with
her husband's sperms?

Q2. Medical technology requires to remove eggs from ovary & fertilize
outside her body & introduce back into woman's uterus. During these
process few eggs will be destroyed & after fertilization few will required
to be destroy to avoid multiple births for the sake of woman's health. Is
it acceptable in Islam? Is it like killing a life? Is embroys destroyed by
Dr. desire to avoid serious health concern to woman or to embroys consider
as killing life in Islam.

Thanks for an answer from good research in Jaffria fiqh!

ANSWER:

1. Masail of Ayatullah Seestani from "CONTEMPORARY LEGAL RULINGS IN SHI'I
LAW" regarding the permissibility of in-vitro fertilization from:

http://www.al-islam.org/laws/contemporary/

Q136: The husband's sperm and the wife's egg are taken and fertilization
is completed in a test-tube, then the egg is returned to the wife's womb.

A: This is also permissible as such. (FM, p. 433)

[Al-Fatawa al-Muyassarah (FM)]

2. Excerpts from "Marriage and Morals in Islam" by Sayyid Muhammad Rizvi,
chapter 5, concerning the destruction of extra fertilized ova, from:

http://www.al-islam.org/m_morals/index.htm

DESTROYING THE EXTRA FERTILIZED OVA

In most cases of artificial insemination, three ova are removed
from the woman's body and all three are fertilized by the
husband's sperms. But only one is used for reimplantation into
the woman's womb. And if it fails in the first attempt, then the
other fertilized ova are used. The question which has created
much controversy is about the extra and unwanted fertilized
ovum. What should be done with the extra fertilized ovum?
Must it be used? Can it be destroyed?

According to the shari'ah, there should be no problem in
destroying the extra fertilized ovum. It will not constitute
abortion because, firstly, abortion only takes place after the
implantation of the fertilized ovum in the womb and, secondly,
abortion takes place in a woman's body not in a test-tube or a
laboratory dish!

Inappropriate behaviour in the Mosque

QUESTION:

Salam Alaikum,

We have a Mosque and Imam bargha and there are 4 people who constantly
create trouble in the Mosque by indecent words and actions. They have
constantly insulted our Alim in public and have used bad language more than
once. They create a bad influence on our young generation and because of
them there is always tension in our religious institute. Please advise if
we can ask these people to stop coming to our Imam bargha since they have
constantly insulted the Alim or Moulana openly in public and when they do
that the other people cannot tolerate this and then they start defending
the Alim or Maulana (religious scholars) and which creates havoc in the
masjid. Please advise according to the Quranic Ayat how these people should
be dealt with, Can we ask these people to stop coming to the masjid as they
have started getting followers now?

Thank you for all your help. May Allah reward you for your great service.

ANSWER:

Salaamun 'alaykum,

Since I do not have all the facts at hand, it is difficult to judge. For
example, we do not know why are they proving troublesome, what is it that
they want?

The Qur'an states that believers are brothers and we must bring them
together whenever differences arise. I would suggest, following the
Qur'anic injunction, that you appoint a neutral arbitrator to look into
their grievances. The brothers must be prepared to submit to the
arbitration committee's findings and suggestions. We need to hold fast to
the cord of Allah and not to create differences between us.

May Allah grant you success in reconciling differences

Liyakatali Takim

Infallibility

QUESTION:

On the doctrine of infallibility: Does it just refer to
infallibility as far as matters of jurisprudence and legislation are
concerned? The reason I ask is because I have read of several incidents
where Allah reprimanded the Holy Prophet (PBUH), the most perfect of all
men.

ANSWER:

Thank you for asking this very interesting question.

Some time ago my good friend Dr. Liyakat answered a question on the 'ismah
of the Holy Imams giving some historical background. I am reproducing his
answer as I am sure you will find it as informative as I did:

The question of the 'ismah of Prophets and Imams has been discussed for a
long time by the Shiah theologians.

Firstly, it should be noted that being a ma'sum does not mean that one
cannot do evil. Rather, a ma'sum can perform evil but chooses not to do
so. Thus he/she keeps away from all forms of sins and acts of
inadvertence.

Shaykh al-Mufid's definition of 'ismah includes not only grave sins but
also small sins and acts of inadvertence. He states categorically on page
69-70 in his Awa'il al-Maqalat that the 'ismah of the Prophet is complete
at all times. He never committed any sin either intentionally or
inadvertently. On page 74, al-Mufid states that the Imams occupy the
position of the Prophets in so far as they implement the shari'ah laws and
protect the shari'ah and guide people. They do not commit small sins nor
do they commit acts due to inadvertence (sahw).

In particular, al-Mufid disagreed with his teacher al-Saduq (also called
Ibn Babawayh) who had said that the Prophet (SAW) inadvertently (sahw)
forgotten a part in his prayer. Al-Mufid wrote a treatise correcting his
teacher on this and other issues. However, Ibn Babawayh also states that
the Prophets and Imams are preserved from defilement, major and minor
sins.

'Allama Hilli also shares this comprehensive 'ismah of the Imams.(See his
Bab al-Hadi Ashar). However, as Shaykh al-Mufid acknowledges in the
Awa'il, some followers of the Imams (notably the Banu Nawbakht) did allow
for small acts of inadvertence to be performed by the Imams. This was a
minority view which has not prevailed. Since their books are no longer
extant, their precise reasoning is not known.

(Ref: 'Aalim Network Archives - March 13, 1996)

Dr. Liyakat begins by defining the term 'ismah which is the term used in
our theology for infallibility. Maulana Akhtar Rizvi, May Allah raise his status in barzakh,
in his book on Prophethood defines it as 'protection' and adds, "In our theology it means a special grace (lutf) of
Allah to a person which enables that person to abstain from sins by his
own freewill. This lutf does not make the ma'sum incapable of committing
sins. It only makes him refrain from sins by his own power and will". Both
our learned alims come to the same conclusion.

The next question which we must address our mind to is : What is a sin ?
Again relying on Maulana Akhtar Rizvi's book, not every order or
prohibition of Allah is mandatory. These fall in the following categories:
wajib, mustahab, haraam and makruh. Not to do a wajib act or to do an
act which is haraam are definitely sins. For instance both the daily
canonical salah and the post mid-night salah are mentioned in the Holy
Qur'an. The former are wajib while the latter mustahab.

You are right in assuming that the matter has to be determined in
accordance with jurisprudence but only to the extent of the imperative
commands for or against any deed.

It is against reason and logic that any prophet sent to establish or
confirm the laws of Allah should himself have ever been guilty of
breaching that law. (see Holy Qur'an s.IV:64)

With regard to the Holy Prophet (SAWA), any suggestion that he ever acted
otherwise than expected of him by Allah is totally illogical when Allah
himself describes him as a person of exalted character, sent as a mercy to
the entire humanity and as the best example to follow, and further, in
respect of whom and his ahlul bayt Allah revealed Ayah-e-Tatheer.

In our feeble attempts to comprehend the language of this Holy Book, we
must never lose sight of the fact that at times Allah emphasises a point
by addressing it to the mankind, some times to the believers and sometimes
He uses second person singular. Normally when Allah wishes to address any
matter to the Holy Prophet, He uses more intimate expressions.

If there is any particular ayah which causes you concern kindly submit it
the Alim Network and you will in due course receive a response.

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

Ingredients sourced from animals

Question:

Would you please answer these questions according to Ayat. Khooee, Ayat.
Khomaini and Ayat. Seestani.

There are some ingredients which might have animal source in addition to
vegetable source. What is the Hokm of them? for example:
a) Lecithin
b) Mono and Diglecerids
If you have any specific hokm regarding these two, please let me know.

Answer:

I would answer the question in two parts:

a) if you know that some ingredients are from animal source, then it is not
permissible unless it is from a halal and Islamically slaughtered animal.

b) Lecithin and Mono- or Di-Glyceride: These are fatty substance found in
plants and animal tissues (such as egg york and brain tissue, etc), and also
in fats and oils. According to Encyclopedia Brittanica, commercial lecithin
comes mostly from soybean oil (vol. 7, p. 230) whereas Mono- and
Di-Glyceride are prepared synthetically (vol. 4, p. 694). Based on this
information, I think we can assume that lecithin and mono- or di-glecerids
used for commercial purposes are not extracted from animal tissues and,
therefore, both these substances are permissible. This will be the rule
unless you come to KNOW that they have been extracted from animal source.

This is based on the hukm that if a substance can be extracted from a tahir
(pak) source (such as plants) and also from a najis source (such as haram
animals) -- then you can assume that it is from the tahir source unless you
come to know otherwise.

Sayyid M. Rizvi

Inheritance - How much for wife & children?

QUESTION:

Please provide information about the distribution of the wealth and
estate after the death of a person. Is will necessary or not?
1) How much to the wife
2) How much to the boys
3) How much to the girls.
And what else has to distribute.

ANSWER:

The distribution of an estate varies according to the heirs and testators.

However, in normal circunstances, wife inherits 1/8th of the estate if
there are children and 1/4th is there are no children.

The remaining estate, when distributed will devolve any sons and daughters
on the ratio of 2:1. For full details please refer to ISLAMIC LAWS of
ayatullah Seestani.

With Salaams,

Asgharali M M Jaffer

Inheritance of Non Muslim Relatives

QUESTION:

Do non-Muslim relatives inherit equally with Muslim relatives at the same
level of inheritance?

ANSWER:

Islam does not accord non-Muslim relatives the right to inherit from a Muslim.
When a believer dies only his Muslim relatives have the right to inherit
according to a predefined process. If a Muslim would like to give some of his
property to his non-Muslim relatives, it would be better if this were done
during his lifetime. After death, his estate cannot be legally distributed to
non-Muslims.

Ayatullah Al-'Uzma Sayyid Seestani in his Risaalah [al-Masaa`il al-Muntakhabah]
says:

"It is to be taken into consideration for the person inheriting (Waarith) that
he should be Muslim when the deceased person (Muwarrith) is a Muslim.
Therefore, a non-Muslim does not inherit from a Muslim although a Muslim may
inherit
from a non-Muslim..." (Issue 1341, pg. 524).

Was-Salaam,

Ali Rasheed

Inheritance - Can 1/3 go to non Muslims?

QUESTION

Salaam alaykum. As a follow-up to this question, here is another:

Within the rules of inheritance, two-thirds of the estate must be
distributed in a specified manner. I understand none of this can go to
non-Muslim relatives. What of the one-third that is at the discretion of
the individual? Can any of this go to non-Muslims, either relatives or
otherwise?

ANSWER:

The rule is basically the same in the one third that can be stipulated as
part of a will. If the person making the will is a Muslim, he should name
only Muslims as recipients of his property. In the words of Ayatullah
Seestani: "...When the one making the will is a Muslim it should be taken
into consideration that the one named in the will (Wasiy) is also a Muslim,
according to precaution." [al-Masaa`il al-Muntakhabah, Issue 1265, pg. 495]

The ruling of Ayatullah Seestani is typical in this matter.

Ali Rasheed

Inheritance - As a convert, don't have Muslim relatives?

QUESTION:

Assalamu alaykum

As a convert, I am wondering then who I would leave my money and property
to, since I have no Muslim relatives. Can I leave it to Muslim friends or
Muslim charities, and divide it up however I want?

What about the case of life insurance: would I also have to name a
friend in this case? What if I have no close friends?

ANSWER:

When a person dies, he is able to will up to one third of his estate to
someone who is named in his will. This can be an (Muslim) individual,
charity, trust (Waqf) or similar institution. The other two thirds is to
be divided up among family members based on predetermined rules after
payment of debts. When there are no family members to inherit, the estate
is considered to be the property of the Imam, may Allah hasten his
re-appearance. In these times, it means that it should be turned over to
the Marja' whom that deceased person followed in Taqleed.

The same rules apply to insurance policies. Whatever the value of the
policy is, it is added to the deceased person's estate. The best thing in
your situation is that when you feel the time is appropriate, you should
make a donation of your property while still alive. This will ensure that
it goes to whomever you like or whatever cause you like. Particularly
living in non-Muslim countries, we have little control over what happens
after death when we have no relatives to manage our affairs at that time.

Was-Salaam,

Ali Rasheed

Inter-faith Marriage - Muslim woman to marry a non Muslim?

QUESTION:

Is there any obstacles for a Moslem woman to marry a non-moslem?
I am catholic but do not believe in religions but I do believe in God and
I pray; she is Moslem and the last thing I would like to do is to
interfere in her beliefs, I love her and respect her too much to do
this, I admire her dedication to her religion and in no way I would like
her to change it but I also would like to be able if she accepts me the
way I am... She says that maybe Moslems are not allowed to marry outside
their religion but we are not sure if this is true or not, would it be
possible if you can guide me and give me some advise or refer my
question to someone who can advise us on this dilema...

She will be moving to Canada where I live soon, and we would like to get
married.

ANSWER:

A muslim woman is not allowed to marry a non-muslim man. However, if that
non-muslim man accepts the religion of Islam by testifying that there is no
God but Allah and that Muhammad is His messenger, they can get married
immediately...

With Salaams and Duas

Mustafa

Interest - ( Riba' ) - Definition

QUESTION:

"In the Name of Allah, the Compassionate, the All-Merciful Greeting of
Allah be upon Muhammad and the pure members of his House"

Assalamu 'Alaykum

My question is what is the definiton of Riba (interest)?

ANSWER:

Wa-alaikum as-salam,

Reba comes from an Arabic word that means to grow. Islamically, it means
to exchange like subject with the condition of an increase in the subject
upon it's return. For example, let's say that you came to me and said that
you needed to borrow a pound of sugar. If I made it a condition that you
return the sugar to me as a pound and a half of sugar then it is Reba. Two
conditions made it Reba:

1. The fact that I made it a condition to give me more.

2. The fact that it was of the like subject that I asked for more of the
same subject:

So if I asked you for a pound & a half of rice in return then it is not
Reba even though the pound of sugar might be worth only a pound of rice.

It is important to note that if you accepted willingly to give me back a
pound & a half of sugar then it is Reba, but if you accepted because you
had no other choice but your intent was not to give me back the ½ pound if
you could get away with it then it is Reba, but you did not fall into
haram (Reba on me but not you).

Furthermore, if I did not make it a condition on you to give me back more
sugar but you as a matter of appreciation decided to give me back more
sugar, then that is not only not Reba but also it is Mustahab
(recommended) to do so.

In Sha Allah this helps.

Allah knows best

Best Regards

Odeh A. Muhawesh

Interest on credit cards and loans

QUESTION:

My question: Is the paying of interest on credit cards, loans etc haram, and
also, is taking interest haram?

I have read the previous responses on these issues from the archive, it mentions
that under certain circumstances it is allowed. I would like some clarification
in this matter.

I would like my question to be answered by Ayatullah Sistani's guidelines.

ANSWER:

Our mujtahidin have technically separated the issue of taking a loan from
the issue of paying interest on it. They say that taking a loan is permissible
but paying the interest is haram. If the loan agreement contains the clause of
interest charges, the mujtahidin say that "the loan agreement is okay but the
condition of interest is invalid." That means that religiously you are not under
any obligation to pay the interest.

I have written to Ayatullah Sistani about taking a loan in which one knows
that he will end up paying the interest: Is it a sin to pay interest in such a
case which one has imposed on oneself?

His answer was that it is not considered a sin, because technically, he
considers the charging of interest by the creditor as unjust and usurpation.

Sayyid Muhammad Rizvi

Interest - Taking loan from a non Muslim Bank with a niyyat of ISTINQAZ

QUESTION

"His answer was that it is not considered a sin, because technically, he
considers the charging of interest by the creditor as unjust and usurpation."

Please clarify the above statement.

CLARIFICATION

For the sake of clarification, I will translate the question I wrote to
Ayatullah Sistani and his answer (dated 12 Shaban 1417):

Q: "In Minhajus Salihiyn (v. 1, p. 430), you have written that taking a loan
from a non-Muslim bank with the niyyat of istinqaz (that is, taking
advantage of a non-Muslim's wealth which he is willingly placing at your
disposal) is permissible. Now suppose that a person takes some money from a
non-Muslim bank with the niyyat of istinqaz to buy a house or to invest in a
business fully aware that as result he will have to pay interest when he
pays back the money to the bank --- in this case, is such a person
committing a sin by paying the interest? Even though he took the money with
niyyat of instinqaz, he knew that finally he will end up paying more as
interest."

A. "If he takes the money from the bank not as a loan but with niyyat of
istinqaz, then the extra that the bank will forcefully take from him is not
considered as interest because interest is the extra payment which is a
condition in loan."

Sayyid Muhammad Rizvi

Interest - Real Estate Mortgage

QUESTION:

If you have real estate mortgage with P+I payment for personal living, is
it O.K.?

ANSWER:

In light of the above answer from Ayatullah Sistani, it is O.K.

Sayyid Muhammad Rizvi

Interest - Interested in real estate investment, houses, duplex, commercial properties

QUESTION

If you are interested in real estate investment, e.g. Houses, Duplex,
Commercial Properties where you will end up paying interest, is it O.K?

ANSWER:

In light of the above with the niyyat of istinqaz, it is O.K.

Sayyid Muhammad Rizvi

Interest - Can a person work in a loan dept of a Bank ?

QUESTION

Is it permissible for a person to work in a loan Department of a Bank or
Mortgage Co or Other Lending Institution, where they collect interest on
their loans and pay the salary from the loan?

ANSWER:

According to Ayatullah Sistani, if you are working in a non-Muslim Bank and
your customers are non-Muslims, then working in interest related dealings is
O.K. (See Minhajus Salihiyn, vol. 1, p. 448)

Sayyid Muhammad Rizvi

Interest - Loan for a Liquor store

QUESTION

Can this Loan Person get involved in processing a loan for a Liquor store or
any other similiar business loans? What are the limitations?

ANSWER:

When it comes to dealing with intoxicating drinks, the rules are more
strict. I am not aware of any new fatwa on this issue; but as far as my
reading goes, it is difficult to allow any kind of involvement in such
business. More details are coming in my next book on "Business Ethics in Islam".

Sayyid M. Rizvi

Interest on Insurance installments

Question:

In Vancouver, nowadays Government offers car insurance on Instalment basis,
ie you can pay the yearly premium by monthly instalments but they charge
interest on it.ie if the premium is 900.00 the monthly instalment will be
about 85.00, they clearly mention that interest rate is 9%. As the interest
is involved can we buy insurance on monthly instalments?

If it is haram then can we work in insurance company where we encourage our
people to buy insurance on instalment basis so as to indulge them to pay
interest?

Answer:

If buy purchasing an insurance on an instalment basis as described by you,
it would help facilitate the insurance payments and avoid financial hardship
on the mu'mineen then it is allowed.

And Allah knows best

Liyakatali

Interest payments on credit cards, student loans, mortgage, paying bills etc..

Question:

I follow Ayatollah Khamanei as my Maraja. I would like to know what is his
ruling on paying interest on credit card debts, student loans, house
mortgage, and interest when paying bills late. I know it is ok to take
interest from banks on savings and cd accounts but how about paying it since
especially in the case of student loans no education would be possible.

Answer:

Bismihi Ta'ala

Ayatullay Khamena'i is very explicit in his ruling (fatwa) that paying
interest (riba), whether to Muslims or non-Muslims, is prohibited.
He adds that such a transaction can not be made lawful even with the
permission of the al-hakim as-shar'i. Thus, under normal circumstances
paying interest is prohibited unless one can substantiate that he/she
is compelled (mudtarr). However, the contract for the principal amount
remains valid and has to be honored. With respect to receiving
interest (riba), Ayat. Khamena'i allows it so long as it is from the
non-Muslims.

Source: "Durar-ul-Fawa'id...," p. 108, 111, 113, 115.

wa bi-l-laahi-t-tawfiq,

Hamid Mavani

Interpretation of rulings (Fatwas)

QUESTION:

Salaam alaykum,

I hope you are well Inshallah. Could you please explain to me the
position of someone that misinterprets an Islamic ruling, i.e. are his
deeds etc. invalid (e.g. namaaz, wudhoo...)

Also could you explain the position of the same person if the
misunderstanding was due to a mistake due to a mistranslation of the
ruling etc.

Allow me to give you two examples from the Taudhihul Masael of
A.Seestani, English version (Islamic Laws).

"...put the place of wound or cut in Kurr-water or running water, and
press it a little so that the blood may stop..."(rule 285)

In common usage running water means any water which flows e.g. from a tap,
jug, kurr or non-kurr etc. I acted according to my interpretation of
'running water'. Then I noticed that running water here was refering to
Jaree water as explained in rule 29:

"Running water is that water which springs forth from the earth and then
flows, like the water of a spring or a canal."

Is my wudhoo valid?

"...recite Surah al-Hamd and the other Surah silently while offering Zuhr
and Asr prayers."(rule 1001) (also see rule 1016).

I thought silent meant no noise, therefore I recited as such, only moving
my lips. However later I read:

"A person should pronounce Takbir, Hamd, Surah, Zikr and Dua in such a
manner that he should at least hear the whisper."(rule 961).

Is my namaaz valid?

I would appreciate if you could tell me the general principle concerning
the above problem so I know for the future and if necessary the answers to
my specific questions.

Jazakallah

ANSWER:

Salaamun 'alaykum,

The general principle is that if you act on the best understanding of a
fatwa and did not deliberately misinterpret or distort a ruling then your
act will be accepted, insha-allah. Where one is not sure, one should seek
explanation from an alim.

Liyakatali Takim

Is step daughter Mahram?

Question:

I have a question concering my husband and my daughter from a previous
marriage. I have read that she became mahram to him once our marriage was
consumated. However some people have told me that she is not mahram to him in
every sense of the word. They have said that she will have to observe hijab
in front of him when she is older ( she is only 2 years old now). I am a
follower of Ayatollah Khomaine, my husband is a follower of Ayatollah Khu'i.
Could you please tell us the fatiwas of both of these.

Answer:

She is a total Mahram and there is no need of any Hijab between them. She
remains his Mahram even if he does not consummate marriage with her mother.

Asgharali M.M. Jaffer

Islamic Dates by Calendar

Question:

Can we used calendars to determine dates? Most newspapers print the timings
when the moon rises and sets each day. Since these times can be predicted
accurately, can we calculate and find out the dates of the Hijri calendar
accordingly?

Answer:

The question can be rephrased as follows: Can we use scientific data to
determine the first of each lunar month?

This is an issue hotly debated among the Muslim scholars all over the world.
I myself have been following the debate and also observing the scientific
method for the last ten years. There are some aspects of the Islamic
calendar which can be surely based on the scientific data; however, there
still are issues which science has not been able to solve for us as yet.

At this stage, science is able to provide for us all the details about the
movement and position of the moon around the earth: it can precisely predict
when the birth of the new moon will occur, at what angle and at what
location in relation to our earth.

We are also told by the experts that when and where the moon will be
visible; and where it cannot not be sighted. For example, we are told that
the first sighting of the crescent is possible only sixteen hours after the
birth of the new moon. Experts can also give us a graph showing the location
where the sighting will be possible. For the last `idd, we were told that
the sighting will only be possible for those who are west of the Atlantic
Ocean. This was proved correct by the sighting of the moon in North America
(I saw it myself in Dallas, TX) on Monday, the 19th of February, 1996.

I personally have confidence in such predictions based on the scientific
data. BUT the problem lies in the following: (a) the 16 hour criterion by
the experts is based on the observation done by the scientists in North
America and Europe during the last 90 years. (b) reliable witnesses in the
Middle East have claimed the sighting of the moon when the new moon was just
9 hours old.

When I look at this situation, I am faced with two possibilities:
EITHER the sixteen hours criterion is valid only in the western hemisphere
and that it might be possible to sight the moon of an age lesser than
sixteen hours in desert areas where the atmosphere is much more clear. OR
the reliable people in the Middle East have seen something but not the moon!

In conclusion, although I trust and have faith in the scientic data
regarding the sighting of the crescent, we still need further confirmation
from the scientific world about the universality of the sixteen hours
criterion for moon sighting. When this criterion becomes universal, then it
will be definitely possible for us to predict the beginning of the Islamic
months well in advance. Insha Allah, we will reach to that stage of
certainty sooner rather than later. Amin.

Yours in Islam,

Sayyid M. Rizvi

Islamic Fundamentalism

Question:

Dear Sister fatema asalamu alakum warahmatulahi wabarakaatu
After greeting I am a brother who is studying at university of
Tampare International relations Finland. I have always problem questions
concerning islam.

Is Islamic fundamentalism a threat to political stability?. Please help me
if is this issue you know more than me or if somebody know I do really
appreciate it. I do speak Finnish and my english is so poor.

May Allah bless do help me.

Your Brother Muslim

Response:

There is no such category as Fundamentalist Islam. It is a term borrowed from
the history of Christians when in the last century a fundamentalist sect came
into existence when a group of Christians decided that innovations in the
faith
was diluting the faith and the best course is to live by the Bible. Any good
encyclopedia will give you a history of fundamentalism. The Hamish sect in
Pennsylvania, USA are the prime example.

All Muslims are required and have always been required to live by the laws of
Islam. Where the Muslims govern their country it is only right that the
Islamic
law should be supreme. This is what the Republic of Iran is striving to
achieve.

For us who live in non-Muslim lands or secular countries we are required to
operate, as far as may be possible, in accordance with the Islamic law and the
code of conduct. We also have to belive in our articles of faith e.g.
wahdaniyyah, adalah, risalah, imamah and qiyamah. We must also perform all the
obligatory acts of worship. To that extent we are all fundamentalists.

The media however employs the term 'fundamentalist Islam' or 'militant
Islam' in
relation to the activities of those groups of Muslims who are engaged in
resisting oppression or, in some cases, to acquire power to subjugate
others. It
is also the case that in some countries the rulers have their own brand of
Islam
which they impose on the masses by oppressive measures. Except where the
struggle is for justice and against oppression, the militancy and
repression are
decidedly not Islamic and we have to try and convince the indigenous
population
and the media of this fact.

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

Islamic Law on Blasphemy

QUESTION:

Please see the following questions which appeared some time ago on ABDG for
answer by an Alim.

I would be grateful if these can be referred to Sayid Mohamed Akhtar
Rizvi. What constitutes blasphemy in Islamic law? What is the punishment
for blasphemy in Islam? How would such a crime be dealt with in an Islamic
court? Please advise in context of blasphamy against Islam, Quran, Holy
Prophet and Imams. Are there any published works on the above in English.

ANSWER:

Blasphemy, by definition refers to uttering profane language, insulting
or abusing or calumniating that which is sacred in religion. The
punishment for blasphemious acts are normally covered in Kitab al-Hudud in
our juridical texts.

According to Ayatullah al-Khu'i, it is incumbent (wajib) to kill one who
insults or calumniates the Prophet when one hears the insults provided there
is no danger to his self, reputation or wealth. Agha also extends this
ruling to cover insults against the Imams and Bibi Fatima (A.S.). It is not
essential to get the permission of a Hakim al-Shar' to carry out the act.

Agha even says it is wajib to kill one who lays claims to nubuwwa taking the
above stated precautions into account.

As for the apostate (murtad - one who blasphemes against God by renouncing
Islam) there are 2 possible scenarios - A fitri murtadd is one who is born
of Muslim parent(s). It is wajib to kill him if he apostacizes. The milli
murtad is a convert who then apostacizes. Ayatullah al-Khu'i states that he
should be given a chance to repent of his act. If he does not repent within
3 days, then he should be killed on the 4th. However, one does not need to
undertake the act of killing if there is a danger to his own life or
property or reputation.

By the way, a woman apostate is not to be killed regardless of whether she
is fitri or milli type. She is to be given a chance to repent. If she does
not do so, then she should be imprisoned and beaten during the prayer time.

For more details, see Minhaj al-Salihin, volume 2 the section covering the
penalties (hudud).

The fiqh books which have been translated in English should have the
discussion on blashpemy although I do not have them at my disposal. A
discussion on the law of apostacy in Islam is undertaken by Dr. Sachedina in
his book Human Rights and the conflicts of Cultures.

Wasaalam

Liyakatali Takim

Islamic Personality

Question:

Salaam alaikum. I have a 3 questions about personality types.

By personality types I mean the different type of people you encounter
every day, loud people, quiet people, bold people, timid people, thinking
people, feeling people, judgemental people, perceptive people, sensitive
people, touchy people, warlike people, crude people, cultured people,
contented peope, ambitious people, intellectual people, musical/dancing
people etc. There are BIG differences in the way people act and live
their lives.

1. Does Islam favour any particular personality type for its adherents?
What was the divine purpose behind creating the different type of
personality?

2. Do our Imams say anything about the different types? Do they say
anything about what type of person is best to be a leader for others? Do
they say anything about whether women are supposed to cultivate a certain
type of personality or not? Ditto men?

3. Will we be rewarded or punished for trying to become a certain
personality type and suceeding, or for avoiding a certain type of
personality, or for trying to become one but failing?

Answer:

IN THE NAME OF ALLAH, THE MOST MERCIFUL.

This is one of the most interesting questions ever posed to me and I am
grateful for the
opportunity to comment, to the best of my limited ability, on the complex
issues involved.

First of all let us consider the meaning of the word "personality".

The dictionary defines the word as "the dynamic character, self, or psyche
that constitutes and animates the individual person and reflects the
embodiment of the distinctive traits of mind and behaviour."

I am going to refrain from indulging in a dissertation on the Freudian
concept of personality being a system of human id, ego and super-ego.
Suffice it to say that in the final analysis it is universally agreed that
personality is the external manifestation of the individual within.

A behaviour in conflict with the beliefs held and the ethos subscribed to is
fraudulent even if one were to succeed in achieving it, except in the
extreme case where there is a danger to property, life or limb.

Quraan gives detailed guidance as to our behaviour. Politeness,
truthfulness, humility (but not servility), generosity, willingness to lend
a helping hand to any one in need, discharging our affairs in consultation
with those able to advise us, obedience to parents save where they insist
upon an enterprise contrary to the shariah, forgiveness, ability to suppress
anger, avoidance of hypocrisy and boastfulness, abjuring back-biting and any
effort, even if not malicious, to lower any one in anybody's esteem,
kindness to orphans, steadfastness in justice and many other moral traits
which the Holy Book makes mandatory for us to cultivate within us.

These traits constitute "the Islamic Conscience". We must endeavour to
develop within us an Islamic Conscience and our personality must reflect the
Islamic Conscience within us.

The questioner has referred to "being judgmental". An expression of an
uninformed opinion can destroy the very foundation of the Islamic
Conscience. An opinion about an individual, a community or a nation must be
formed after a proper inquiry into all the relevant circumstances and we
must avoid the use of emotive words just because it may please any one.
Sycophancy is an attribute most abhorred by Islam.

Please forgive me that in the interest of brevity I have not given
references to the individual ayaah of the Holy Qur'an. If any one is
interested, I shall be glad to give such references. I also beg to be
forgiven for answering all the three questions together.

In the end please allow me to reproduce the following excerpt from the
famous Du'aa known as "Makarimil Akhlaq" of Imaam Zain-ul-Abideen (A.S.)
(duaa No. 20 in The Psalms of Islam published by Muhammadi Trust):

Oh God-
bless Muhammad and his Household,
adorn me with the adornment of the righteous,
and clothe me in the ornaments of the god-fearing (muttaqeen0, THROUGH
spreading justice,
restraining rage,
quenching the flame of hate,
bringing together the people of separation,
correcting discord,
spreading about good behaviour,
covering faults,
mildness of temper,
lowering the wing,
beauty of conduct,
gravity of bearing,
agreeableness in comportment,
precedence in reaching excellence,
preferring bounteousness,
refraining from condemnation,
bestowing bounty on the undeserving,
speaking the truth,
though it be painful,
making little of the good in my words and deed,
though it be much,
and making much of the evil in my words and deeds,
though it be little!
Perfect this for me through
lasting obedience,
holding fast to the community,
and rejecting the people of innovation
and those who act in accordance with original opinions!

I trust I have answered the question. If the member feels that further
clarification is required I shall be happy to entertain any supplementary questions.

With salaams and du'aas from an humble servant of Ahlul Bayt and their
followers,

Bashir Rahim.

Islamic Symbols

QUESTION

I'm curious to know - Within the Islamic religion, is there a symbol
analogous to the Judaic Star of David?

ANSWER:

As far as I have read, there is not a symbol in Islam similar to the Judaic
Star of David. The famous crescent symbol is a later innovation (a bid`a,
interestingly accepted by all Muslims of our time!) probably of Turkish origin.

Sayyid M. Rizvi

Ismailis

QUESTION:

What is the ruling about nijasat on Aga Khan's follower?

ANSWER:
Any one who believes in Tawhid (the absolute unity of God), Nubuwwah
(Apostleship of Prophet Muhammd -s) and the Day of Judgement is a Muslim and
thus Tahir (ritually pure). However, such a person becomes najis (impure) if
s/he were to deny any of the necessary tenets and laws of Islam. Also Najis
are those who believe that one or more of the 12 Imams are either God or
incarnations of God.

To which category the Aga Khani Ismailis belong to, is difficult to say.
Their beliefs and to an extent the practices are of an esoteric (batini)
nature. Consequently, it is not easy to ascertain whether they deny any of
the neccessary tenets and laws of Islam. Nor is it easy to say that they
believe, say, Imam `Ali (a) to be God incarnate.

Going through the old literature of the Aga Khanis we come accross a lot of
objectionable items. For instance they belive that the Qur'an is incomplete.
Or that it contains a lot of additions, which did not belong to the original
Qur'an. If you read the 'dhua' (i.e. du`a) which they invoke daily, it has
no resemblance whatsoever to the daily obligatory prayers (salat/namaz).
Furthermore when we talk to some them they openly confess that for them the
saying of the daily Salat and fasting in the Holy month is not
obligatory/necessary. Some of them also do not see the need of peforming
Hajj. Whether these are the official teachings from their Imams or practices
and beliefs found only in a section of the community is difficult to
confirm. We can also have look at their Homepage. Here, you will notice that
the author/s have tried their best to portray a good Islamic picture about
the beliefs and practices of the Aga Khanis Ismailis. Qur'anic quotes are
found in plenty and the recitations of various surahs can be downloaded.

In light of the above it is difficult to ascertain both, their being tahir
or najis. Until that time that their exact beliefs are not known we have to
rely on what is apparent (zahir) and overlook the concealed. Since the Aga
Khanis claim that they believe in Tawhid, Nubuwwah and Qiyamah we have to
consider them tahir. For those who have evidences (say, through personal
encounters) that some Aga Khanis deny the necessties of Islam, then it is
advisable for them to stay away from such people (i.e. not eat their food,
etc.).

God knows the best.

Hasnain Kassamali
Humble servant of the Ahlul Bayt (a).

Istikhara

Question:

Quite often I am advised before making a major decision that I should get an
"Isthakharo" done. My understanding of Isthakharo is that it reveals
whether the decision you are about to make is good or bad.

How does this work and what is procedure for performing an Isthakharo?.

Answer:

Istekhara means "seeking of Khayr (goodness)". According to hadith from
A'imma (A), we should do "Istikhara" before leaving our homes. This hadith
means that one should seek/anticipate goodness from Allah when leaving the
house.

However, when one is faced with extreme indecision and cannot decide on a
course of action on his own or after seeking advice, one can do "Istekhara"
by several means. With a Niyyat of trying to find good for himself in all
situations, one can:

1. Pray two Rakat Namaz at the end of which, whichever option comes to
mind, he should act on it.

2.One can consult the Holy Qur'an. After reciting Sura alHamd, and Salawat
5 times, open the Holy Qur'an and look at the first verse on the right side
(or any verse that you see first) and seek clarification from the meaning
of the verse.

3. There are other ways also described where lots are cast of a rosary
(Tasbih) is used.

Istekhara is to be done by the individual himself. One can consult an
'Aalim if one does not know how.

It is not Wajib to act on the result of the Istekhara unless one has made a
Niyyat of Wajib.

Wassalaam