Mahr (dowry) for second wife

QUESTION:

Salaam Alaikum..

My husband is to marry a second wife and I have no ill-feelings
whatsoever with this. The question is in regard to the dowry....We have
been married for less than a year and my dowry was $5000 dollars, but
now less than a year has passed an her dowry has escalated to something
close to $20,000. Does this great difference come under the criteria of
equality?

Thank you and jazakum allah kheiran for your reply..

ANSWER:

The basis of Mahr is mutual agreement - therefore it does not reflect any
inequality if it differs from the previous or other contemporary Mahr.

Asgharali M.M. Jaffer

Making a living from Mut'a Marriage

Question:

Is it haram for a woman to make a living at mutah by marrying a man for a
short period, receiving a mahr, then observing iddah and marrying another
man for a short period and so on so that she is married to say half a
dozen men in the year? If it is haram what makes it haram if she is
observing the rules for mutah properly? And if it is not haram, does she
deserve to be condemned as immoral (or do the men who marry her deserve
that)?

Answer:

It is not haram for her to make a living in this way if she follows the
rules of Sharia properly. Nor does she deserve to be condemned. This also
applies to the men who marry her.

Wasalaam

Male Gynecologists?

QUESTION #1:

I would appreciate if you could answer this mas'ala for me as per
Ayatullah Khamenei ruling from Alim Network.

Q. Can Muslim women go to male gynecologists ?

Over here in States most of the gynecologists are male and sometimes it
becomes very difficult to find a good doctor close to home. In States I
have seen many Muslim ladies going to male doctors who deliver their
babies.

ANSWER:

Although I don't have the specific Fatwa of Agha Khamanie, the general rule
is that a person is required to see a doctor of the same sex when touching
and examination of the private parts are involved. Exceptions can be made
when there is an emergency or a lack of availability of a doctor of the
same sex. Also, when there is a question of competence, a person can opt
for a more qualified doctor of the opposite sex if the issue of competence
is vital to one's health.

QUESTION #2:

Q. Can Muslim women go to male gynecologists in life threatening
situations?

ANSWER:

Yes.

Was-Salaam,

Ali Rasheed

Marijuana - Its medicinal use?

QUESTION:

Assalaamu 'Alaykum,

Marijuana greatly helps people dying of cancer,and is sometimes prescribed
by physicians. If Marijuana is used for these kind of medical purposes is
it Haraam?

Thank You

ANSWER:

Wa-alaikum as-salam,

1. If it is scientifically (by real scientists) proven that Marijuana is
truly useful for medical purposes,
&
2. If is prescribed by a trustworthy expert in the fields of the actual
disease and Marijuana (not as a user but as a scientist)
&
3. There is not an equal or better alternative,

Then it is permitted to use it only for medical purposes & only for the
actual disease that it treats.

Allah knows best.

Odeh A. Muhawesh

Marja - Vilayate Faqih

Question:

What is the difference between vilayat-e-faqih and marja-e-fatwa ?

Answer:

Wilayat al-faqih refers to the all-comprehensive authority of the jurist
(faqih) in the absence of the twelfth Imam (A.S.). In particular, the
question arises as to the extent of the authority of the faqih during the
ghayba - can he undertake all the functions that a Ma'sum Imam undertakes?
Thus wilaya al-faqih may include functions like wilaya al-nizam (the
authority to manage public order); wilaya al-qada' ( the authority to
administer justice) which includes the authority to implement the hudud
(punishments for acts violating the public order), wilaya al-siyasa - the
authority to administer a government and hold political office and also
wilaya al-tasarruf (authority for the jurist to act in a way which he judges
to be the best in the interest of the community). A corrollary to the wilaya
al-faqih may include the duty to declare a jihad. It is to be noted that not
all mujtahids accept the concept of the all-embracing and comprehensive view
of wilaya al-faqih.

Marja' al-taqlid refers to the role of a mujtahid who is competent to derive
juridical rulings from the Qur'an and hadith literature and is able to
arrive at solutions which are not explicitly stated in the sources by having
recourse to the principles as stated in usul al-fiqh. Such a mujtahid is
qualified to issue juridical verdics (or fatawa) and is a source of
reference for muqallidin who follow him by doing his taqlid (which literally
means to imitate his acts). Thus it is possible for a person to be a marja
al-taqlid without occupying the position of wilaya al-faqih.

Wa ma tawfiqi illah bi'l llah

Liyakatali

Assalam alaykum

I'm interested to know more about Shia. I had been Sunni for more than 30 years.
My questions are :

1. How many marja' taqlid exist today ?
2. How can I choose one of them ?
3. I can't speak Arabic or Persian, is there any Islamic Law book written by
the marja' taqlid, so I can do taqlid to one of them ? and how can I get
that book ?

Thank you very much for your answer

Salaamun 'Alaykum;

There are many maraji taqlid today. Amongst the most famous ones are
Ayatullah Seestani, Ayatullah Ruhani, Ayatullah Lankarani and Ayatullah
Khamenei.

You should choose to follow the one who is the most learned (a'lam) of them.
One who is an expert in the field can decide on his own as to who to follow.
Alternatively, one can follow the opinions of the specialists in the field
(ahl al-khibra) in deciding which Ayatullah to follow.

Many Ayatullahs who have passed away in the past decade had their works
translated to English. Of the present ones, I am only aware of Ayatullah
Seestani's risala being translated. Depending on where you live, it can be
obtained fairly easily. You may obtain it from the World Federation
(0181-954-9881) (if you are living in England) or from Mihrab publishers
(905-731-6920) if you are living in USA or Canada.

May Allah bless and guide you.

Your brother in Islam

Liyakatali

Marjaiyyat

Question:

Who do you think is the suitable marja' at this time?

Please give reasons.

On a recent trip to Iran, I got the impression that Seyyid Muhammad
Ruhani, who incidentally is under house arrest, was the a'lam. Even the
Khui foundation recognised this fact at the death of the late Imam. It
seems to me to be a serious problem since the condition of a'lamiyya no
longer seems to be necessary and we seem to have entered a new era in the
way the community conducts its affairs. Perhaps the Akhbari position is
preferable - taqleed in it's present state after all does not date back
more than 200 years at the most.

Answer:

By the grace of Allah, there are more than one Maraje', all of them
suitable. If you are convinced that Ayatullah Syed Muhammad Rouhani is
your Marja', then you will make a niyya to follow his fatawa.

It is not true to say that 'Alimiyya is no more a condition for a Marja'.
It is a debatable point.

Akhbari school is not applicable to us because the reliance of Akhbar is
always subjected to scrutiny be the Ulama of Rijaal.

Also, it is not true that Taqleed is 200 years old. The fact is that it is
an institution which existed from the time of the Prophet (S.A.W.W.). The
consensus on a Marja' has become easy during the last two centuries, and
the contact has been facilitated bu technological advances.

And Allah knows best.

Asgharali M M Jaffer

Marriage - Importance of Marriage in Islam?

QUESTION:

What is the importance of marriage in Islam? Is it sunnat or wajib? I
have heard that it is so recommended that if you cannot find someone
to marry you should marry your sister's husband? Is this allowed?
Does the situation change if your sister divorces this husband? How
about if the sister dies?

ANSWER:

Marriage is a highly recommended act in the religion of Islam. The Holy
Prophet (SAW) has said that whosoever turns away from his sunnah of
marriage is not amongst him. However, it is not allowed for a woman to
marry her sister's husband as long as her sister is alive and married to
the man. The situation does change once the sister dies.

Wa Minallahit Tawfiq

Mustafa Jaffer

Marriage - Permission necessary from parents?

QUESTION:

As a Muslim sister I would like to ask why are you allowed to get married
without your parents permission to an Islamic Shia male knowing that it
would hurt your parents if you married this man and in Islam a person who
hurts there parents we never see heaven. Please could you explain in detail
what should be done.

ANSWER:

If a girl who has reached the age of bulugh and is a virgin and mature
(i.e. she can decide what is in her interest) wishes to marry, she should
obtain permission from her father or her paternal grandfather.

If she is not a virgin, or even if she is a virgin but her father and
paternal grandfather refuse to grant permission to her for marrying a man
who is compatible to her in the eyes of Sharia', it will not be necessary
to seek their permission.

Asgherali M M Jaffer

Marriage - Vows during Hajj?

Question:

I have a heard that during Hajj when you are in Mecca, the marriage vows
between husband and wife are no longer valid for few days. Is this true and
what is the reasoning behind it.

Answer:

When a person enters into the state of ihram, s/he is required to focus
attention only on Allah, and contemplate on self purification. Apart from
it's social dimension, hajj is also an act of self discipline and character
building. Therefore, you will find that things which are normally allowed
become prohibited e.g. looking at a mirror, performing nikah, removing hair
from the body etc.

To help attain the pure state of the mind, discipline in moral rectitude,
Allah has legislated that in the state of ihram, one is not allowed to enter
into sexual relations with the wife. If one does it before reaching the
station of Muzdalifa and one is aware of the rulings on the issue, then the
hajj is nullified (batil)and kaffara is obligatory.

If the sexual act is done after Muzdalifa then the hajj is o.k. but kaffara
will still have to be offered.

Moreover, even kissing the spouse is not allowed in the state of ihram. As
for touching the wife, it is allowed if it is not done with lustful
intention. If foreplay with one's spouse results in ejaculation then kaffara
has to be paid.

It becomes clear that the marriage vows are not revoked even temporarily in
the state of ihram. On the contrary, normal sexual activities are
temporarily prohibited so that one should focus on the purpose of going for
hajj, i.e. attaining closeness to the divine and establishing a close and
intimate relationship with Allah.

Please remember me in your prayers

Liyakatali

Marriage with Ahlul Kitab

QUESTION:

How does one treat a girl who is married to a Christian man? As The Muslim
man can marry an Ahlul Kitab woman but the Muslim woman cannot marry an
Ahlul Kitab man.

ANSWER:

Permanent marriage to the Ahlul Kitab is not permissible to a Muslim, male
or female. So, anyone who has taken a spouse from Ahlul Kitab on the basis
of permanent marriage, must be advised that NIKAH is BATIL.

Asgharali M M Jaffer

Marrying first cousin

Question:

I have recently heard that it is makrooh to marry one's first cousin. I have
never heard this before. Do any of the Ulema say this?

Answer:

No - it is not Makrooh.

Asgharali M.M. Jaffer

Mariah marrying the Prophet (saww)

QUESTION:

Did Mary the Copt convert to Islam prior to marrying the Prophet (saw)?
If not, did he marry her in temporary marriage only since it is not
considered permissible to marry people of the book in permanent marriage
(or was that not the case at that time)?

In whatever case, could you quote (briefly) a reference that explains the
matter?

wasalaam

ANSWER:

I thank you for your important question.

There is some confusion as to the country of origin of Mariah the Copt. Allama
Majlisi in his Hayataul Quloob states that Mariah and her sister Sireen were
gifted to the Holy Prophet by Najashi of Abysinnia. Most of the historians,
however, agree that it was al-Muqawqis, the ruler of Alexandria, who presented
the two young maidens as gift to the Holy Prophet. In other respects the
historians do on the whole agree.

In the year 6 AH, in the month Dhul Hijjah, the Holy Prophet sent six
ambassadors to different rulers to invite them to accept Islam. Hatib bin Abi
Baltah was sent both to Najashi and al-Muqawqis. al-Muqawqis politely declined
the invitation and gave Hatib the two maidens, a donkey (Duldul) and other
gifts
to be conveyed to the Holy Prophet.

Mariah and Sireen were sisters and both professed the coptic faith. On the way
to Madinah Hatib explained to the sisters the tenets and philosophy of
Islam and
both of them accepted Islam. (Tabari, English translation,Vol.VIII, p.131).

When the Holy Prophet married Mariah she was thus already a Muslim.

As to the other issue to which you have adverted, namely the illegality of
entering in to a permanent marriage with a lady who belongs to the faith of
Ahlul Kitaab, the fuqaha are not all in agreement. Marhum Ayatullah Sayyid
Muhsin Hakeem (May Allah grant him an exalted position in jannah) held that
it was permissible to do so. Marhum Ayatullah Sayyid Khui (May Allah grant
him an exalted position) held that it was wajib on precautionary basis not
to contract a permanent marriage with an Ahlul Kitaab. Sayyid Seestani
(may Allah grant him a long and healthy life) holds that it is not
permissible to do so and one can contract a temporary marriage only.

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

Masturbation - allowed or not allowed?

QUESTION:

I just had a very simple question, Assuming that their was a person who
was not able to get permenantly married, and he could not find any one
to get temporarely married to either, would it be allowed for him to
masturabate in order to satisfy his reproductive urges in cases of
extreme psychological and physiological stress due to sexual deprivation. I
know that some sunni scholard would say that if unable to get married a
person is allowed to masturbate in order to save himself from zina or
fornication and I just wanted to know what our point of view would be about
this.

ANSWER:

Islam has established legitimate ways of fulfilling desires. In addition,
there are other ways (e.g. recreational activities, extra meditational
exercises, seeking company of the pious ones) to divert one's attention from
inordinate desires. Just as Allah has given us desires, He has also endowed us
with the abilities to resist, control and finally master the desires.

Remember, if a person does not control his/her desires, they will control
him/her.

If a person suffers from extreme psychological or physiological stress, then a
local doctor can be contacted for further advise and medication.

Masturbation is not a way of fullfilling desires, it is just a way of giving in
and capitulating to desires. It is haram and completely prohibited.

May Allah strengthen us so that we keep away from haram acts.

Your brother in Islam

Liyakatali Takim

Masturbation - Istimna?

QUESTION:

How great a sin is istimna/masturbation? If one is unable to find a spouse,
then does it become allowable if one is afflicted physically and distracted
mentally due to unfulfilled natural instincts?

ANSWER:

Istimna is Haram and committing it is a sin. For a person who can
not control his natural instincts, one has to learn avoiding distracting
thoughts and get married as soon as possible - either a permanent marriage
or a fixed time one.

Asgherali M M Jaffer

Matam with blades or otherwise, is it allowed?

QUESTIONS:

It is my understanding that the act of beating one's self in mourning for Imam
Husayn a.s. with blades or otherwise, is allowed in Islam.

Q(a) But when this type of behavior leads non-muslims to believe that the
Shi'ah are barbarious and that their religion is based more on emotion than
reason, and it confirms their misconception about us that we are fanatics and
zealots, can it still be considered allowed?

ANSWER:

A(a) The ritual of self-flagellation as part of the Muharram
observances has generated heated discussion amongst the scholars and
laity. For instance, around mid 1920's Sayyid Abu-l-Hasan Isfahani
in Najaf and Sayyid Muhammad Qazwini in Basra issued legal opinions
against this practise. A similar position was taken by Muhsin al-Amin.
They were rebutted by Abd-ul-Husayn al-Hilli and members of the Kashif
al-Ghita family. Two issues were of concern for the jurists - one is
that this ritual at times led to the loss of human life and second,
public perception of Shi'ism. Ayatullah Sayyid Ali Khamena'i made
this ritual of qame zadan (hitting the head with a knife) haram by
virtue of the harm it does to public image of Shi'ism. Also, Shaykh
Shamsuddin and most probably even Ayat. Fadlullah have issued legal
opinions similar to Ayat. Khamena'i. However, most of the prominent
jurists have a different opinion. For instance, Ayat. Gulpaygani and
Ayat. Araki allow the ritual of self-flagellation so long as there is
no fear of loss of life or causing injury to any organ of the body.
However, Ayat. Gulpaygani states that it is better to avoid this
practise based on precaution (ihtiyat). They all emphasize that the
commemmorative mourning ceremonies, that take different forms, must
be kept alive to preserve the vitality of the symbol of Imam
Husayn (a.s.). In all probability the legal opinions of Ayat. Khui and Seestani
on this would be the same as Ayats. Araki and Gulpaygani.

Q(b) Doesn't this type of behavior misguide people from the school of
Ahlul-Bayt? If it does, are we responsible for that?

ANSWER:

A(b) If it can be demonstrated to the jurists that it misguides
people, then perhaps they would prohibit it.

Q.(c) What are the guidelines of Azaa that the Imams (as) have given us? Have
they instructed us to beat ourselves or have they condoned this?

ANSWER:

A(c) The Imams (a.s.) have given very general guidelines to us and
that is to mourn for them and show sorrow and grief. These different
rituals are human expression of public display of the grief. However,
Imam Husayn (a.s.) gave a clear instruction to his sister not to
scratch her face or tear apart her clothes.

Q(d) Have any leading mujtahideen ruled on this matter so far.

ANSWER:

A(d) The answer to this question can be obtained from above -A (a).

wa bi-l-laahi-t-tawfiq,

Hamid Mavani

SOURCES: Ayats. Khumayni, Gulpaygani, Khamena'i, Araki "Jadidtarin
Istifta'at ..."
Ja'far al-Khalili, "Hakadha 'araftuhum," 2 vols.
Abu Mikhnaf, "Maqtal al-Husayn."

Me'raj - Ascension of the Prophet (s) to Heaven

QUESTION:

Shias believe the ascension of the Prophet [s] was bodily and not in
spirit only (as believed by Sunnis). There is a line in Dua-e-Nudba
which reads as follows:

"wa 'arajta biruhihi ila samaaik"

The translation I have reads as follows:
"And (You) did make him ascend with his soul towards Your heavens"

The verses that follow indicate that the ruh here could not have been
Jibrail. I'd like to know what this verse is refering to.

ANSWER:

There is absolutely no contradiction in what we Shias believe and the line
in Dua e Nudba. The English translation, however, may not be entirely just
to the Arabic meaning and hence the line has to be understood in Arabic.
The word 'BIRUHIHI' means with his soul. This does not mean without his
body. The word 'BIRUHIHI' is actually used to confirm that when the Holy
Prophet (SAW) ascended the skies, he went there live and conscious - not in
his dreams as many would like us to believe.

Moreover, if it was only the RUH that ascended, then the correct Arabic
rendering would be 'ARAJTA RUHAHU' - as grammarians will confirm. By
placing a 'BI' in the beginning of the word 'RUH' shows that the RUH was
only of the things that ascended - the person of the Holy Prophet (SAW) was
the other.

Wa Minallaahit Tawfiq

Mustafa Jaffer

Me'raj - Did Prophet (s) see God or speak to Him?

QUESTION:

I have question about "Miraj"; Did Holy Prophet see God or speak to Him
on this occision and are there any prophets who had done so.

ANSWER:

Our belief in Allah is such that nobody has ever seen nor will anybody
ever see Allah. Some Sunnis do believe that they will see Allah on the
Day of Judgement, but we believe otherwise.

However, speaking to the Holy Prophet - Yes, according to the narrations
recorded about the whole incident of Me'raaj, Allah did talk to the Holy
Prophet (SAW).

An interesting point here is that the various modes of revelation
recorded in History are either through Jibrael (as was for most of the
Prophets including our Prophet); or through dreams (as in the case of
Prophet Ibrahim); or by creating speech (as in the case of Prophet Musa);
or direct speech - that was priveleged only to our Holy Prophet - him
being the best of all Prophets.

References:

Nasikhut Tawarikh - Vol III (quoted in Kalimatur Rasulul A'azam)
'Ulumul Qur'an by Dawood Al-Attar

With Salaams and Duas

Mustafa

Me'raj - What is the Shiite belief in seeing Allah?

QUESTION:

Technically I am a "sunni", but (alhamdulilah) I find guidance in much of
what the shi'a 'alims say. When the brother stated "but we believe
otherwise" what exactly did he mean? Believe me, brother, my question is
sincere. I always imagined all people standing before Allah(swt) on
judgement day. I'd just like to know what the shi'a belief is as it
relates to this matter. Thank you in advance.

ANSWER:

The Shias believe very strongly that Allah cannot appear to anyone in any
form neither in this world nor in the hereafter. He is not in any form
and thus with regard to the references to His body parts, for instance:

"Yadullaah Fawqa Aydiihim" 48:10 Allah's hand is over their hands.

OR

"Wujuhun Yawmaidhin Naadira; Ilaa Rabbihaa Naadhira" 75:22-3
Faces on that day will be resplendant; Unto their Lord attentive.

The Shias believe that the use of body parts for Allah is metaphorical,
thus describing the powers Allah has to perform the functions performed
by the body parts mentioned. It is thus only to simplify our
understanding of what powers He has.

With Salaams and Duas

Mustafa

Memorising the Qur'an

QUESTION:

What is the religious merit of memorizing suras of the qur'an? how does
it compare to other actions such as namaz, etc?

ANSWER:

Memorizing the Holy Quran is a very commendable act. However, one must
realise that nothing is comparable with Namaz - for it is the absolute
basic one must do before any other acts however good they may be. If
prayers (Namaz) is not accepted, then no other deed, however many and good
they may be, is accepted.

Memorization (Hifz) of the Holy Quran is indeed a virtue much sought after.
The rewards are also great. The Holy Prophet(SAW) has said that the number
of levels in Jannah will be equal to the number of verses in the Holy
Quran. For every verse we will be able to recite, we shall be elevated a
level.

Wa Minallaahit Tawfiq,

Mustafa Jaffer

Men wearing earrings?

QUESTION:

Is it Haraam for a man to wear an ear-ring?

ANSWER:

I do apologise for the delay in responding to the above question.

Normally it is haraam for a man to wear the dress of a woman. Dress in
this respect would include articles of adornment. Both Ayatullah Khui and
Ayatullah Seestani have ruled that it is unlawful even to wear a dress
whose cloth, colour or stitching is not befitting the status of the
person wearing it. It is precautionary unlawful (ihtiyatan haraam) for a
man to wear a woman's dress or for a woman to wear the dress of a man.
However, according to Ayatullah Seestani, praying in such a dress would
not invalidate the prayers.

The nature of dress and other accoutrement is very much the matter of
culture. What Islam is concerned with is simulation by a person of one
gender of the opposite gender. If culturally any particular type of dress
or adornment is an acceptable norm by both the genders then it may not be
considered as prohibited. This is subject to the proviso that the
material from which the dress or adornment is made is not haraam per se,
as gold and silk are for men.

Applying the above principle there would seem to be no objection to a man
wearing an earring not made of gold of a design exclusively used by
women. However, it should be borne in mind that earrings are especially,
if not exclusively worn by women, and although an earring for men has
become the norm, we as muslims must weigh its need or usefulness before
adopting the practice.

Allah knows best, and may He forgive our mistakes and transgressions.

[References: Taudhihul Msaaeel, Ayatullah Khui No. 853, 854; Ayatullah
Seestani No. 853 and 854]

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

Bashir Rahim

Men's Clothing

QUESTION:

Is it makruh for men to wear short sleeved shirts and is it haram for men to
expose their chests in public? Is it haram for men to wear shorts that do
not cover his knees?

ANSWER:

It is not makruh to wear short sleeved shirts, nor is it haram for men to
expose their chests in public. Shorts which do not cover a man's knees are
makruh, and if they leave the thighs exposed then it is haram.

Wassalaam

Asgherali M M Jaffer

Messiah - Does this refer to Jesus (peace be upon him)?

QUESTION 1:

A question about Prophet Isa(as): What is the meaning/purpose of his being
raised alive to heaven and returning behind Al-Mahdi(as)? What is he to do then
when Al-Mahdi(as) returns? And, what is the meaning of the word Messiah, does
that refer to Isa(as) or to Al-Mahdi(as)?

ANSWER:

Maseeh means the Anointed one, the one who has been graced by Allah to deliver
mankind from the slough of sin by leading them to the True Path. Certainly
Hadhrat Isa was a maseeh. So were all the Prophets and the aimmah (A.S.).

Inshallah Hadhrat Isa will soon reappear with our Awaited One, Imam Saahibul'Asr
(A.S.) to rid the world of evil. These two are the awaited massehs.

Miscarriage - Burial of fetus

QUESTION

As-salam u aleikum,

I'm working in an Islamic cemetery foundation in Switzerland. We have some
troubles with the authorities, who does not accept our way of burial etc.
Recently, we have been asked for help from a sister who had a misscariage
at about 6 month of pregnancy. She explained to us that she would like to
burry her childrens (twins), and that the authorities refuses because at 6
month of pregnency, her childrens are just considered as foetus and not as
human.

Now, her childrens are preserved in formol at the hospital and they want
to burn them. What is the islamic procedure, in this case ? Is it burial in
all case ? Or when is the foetus considered a human ?
Please we need a very quick answer because the time they preserve the
foetus is very short.

N.B. I'm a follower of Seyyed Sistani (may he live long)

With salams and du'a.

ANSWER:

Salaamun 'alaykum,

The fetus should be [given ghusl], wrapped in a piece of cloth and buried.
It should not be burnt.

Liyakatali Takim

Miscarriage - Burial of fetus ?

FOLLOW-UP QUESTION:

Salaam Alaikum,

Please clarify your answer about this question. Please clear the above
question a little further for me. After how many weeks of pregnancy should it
be considered that a fetus requires burial? 2?4?6?10?24? These answers are
important today for Jaffria Fiqh followers.

Does the fetus also required ghusal & Kafan? Again after how many weeks?

Thank You!

ANSWER:

AYAT. SEESTANI'S RULING (From Islamic Laws)

564.* If a foetus of 4 months or more is still-born it is obligatory to
give it Ghusl, and even if it has not completed four months, but it has
formed features of a human child, it must be given Ghusl, as a precaution.
In the event of both of these circumstances being absent, the foetus will
be wrapped up in a cloth and buried without Ghusl.

Missed prayer and fast of a convert

QUESTION:

Should a convert/revert make up prayers and fasts that were missed
before he/she became Muslim?

Please reply according to Ayat. Seestani.

ANSWER:

Before a person becomes a Muslim, he/she has no obligation to pray
and fast, therefore, he/she does not have any duty to make up any prayers
or fasts. (This is not an issue concerned with Taqleed).

I have not found anything in Seestani's Risaalah (or any other for
that manner). However, it is a matter of logic that no one can be
obligated to perform the duties of a Muslim before he/she becomes a
Muslim. If they were obligated to perform an act of worship according to
their previous faith, those acts will not carry over into Islam once a
person converts. A convert starts with a clean slate and any negligence
regarding their religious duties prior to becoming a Muslim is forgiven
after conversion. Note that this issue refers only to acts of worship and
such. Obligations like debts and agreements are still binding upon a
convert.

Was-Salaam

Ali Rasheed

Missing Salaat during the month of Ramadhan

QUESTION:

I realize that one's fast is not acceptable if a prayer during that day
has been missed. However, when one makes up this prayer, must the fast
also be made up? That is, during Ramadan, if one missed a prayer during
one of those days, must that day be re-fasted?

I need the ruling from Ayt. Seestani.

ANSWER:

For the fast to be valid, one has to refrain from committing certain acts
from fajr to maghrib like eating, drinking, intentionally attributing a
false report to God, Prophet (S) or Imams (a.s.), engaging in intimate
relationship, etc. However, observing the obligatory ritual prayers is
not one of them. Therefore, neglecting to perform the wajib prayers
would constitute a sin but it would NOT render the fast void.

But let me add that the ritual of fasting, like other acts of worship,
has an exterior shell and an inner essence. There are hadiths from the
Prophet and the Imams (a.s.) to the effect that there are many who attain
no benefit from fasting except the pangs of hunger and thirst. That is
to say, one may fulfill the legal requirements of fasting but violate the
spirit of the same and as a result may not be entitled to any spiritual
reward.

Another vivid example where the legal requirement and the spirit of
fasting clash applies to a traveller (musafir) who undertakes a journey
for the commission of a sin. Under normal circumstances, a musafir is
not allowed to fast, however, in the case of one whose journey is for a
sinful purpose he/she is obligated to fast. This certainly would be
violating the Qur'anic spirit that fasting was enjoined in order to
cultivate the qualities of God-consciousness and piety, however,
according to our jurists the legal injunction for such a musafir is to
fast.

wa bi-l-laahi-t-tawfiq,

Hamid Mavani

Models of humans / animals in the house

QUESTION:

Is it haraam to have models of animals as pieces of decoration in the house ?
How about models of humans ?
These are not real humans but toys.
How about pictures of animals in a jungle ?
These are not real pictures but paintings.

ANSWER:

It is not Haram but Makruh to have models in human or animal form as
decorations. There is no harm in pictures or paintings of humans or animals.

In Namaz, to face such pictures or models is Makruh, unless they are
covered. It is also Makruh to pray in a room with such a picture, even if
you are not facing it, except if it is covered. see Islamic Laws, Agha
Seestani, Masail 907.

And Allah knows best

Salaams

Asgharali M M Jaffer

Mono - Diglycerides (emulsifying agents in puddings etc...)

QUESTION:

Salaam,

While most mono-and diglycerides (emulsifying agents in puddings,
ice cream,peanut butter, salad dressings, bread etc) on the market come
from plants (the oils of corn, peanuts and soybeans),some are derived from
animals (cows and hogs). Identifying the foods that use animal sources is
near impossible. Food labels are required to report only the presence of
mono-and diglycerides, not their sources. Are these products halal?

ANSWER:

In such a situation, the products mentioned will be considered Halal.

Asgharali M.M. Jaffer

Month of Safar

Question:

I have heard that the month of Safar is a very "bhari" (in gujarati: heavy)
month. Due to this, it is advisable that we should not engage in any
travels or buy anything new unless it is absolutely necessary. Is there any
Islamic basis behind this lifestyle in the month of Safar? It seems to me
with a name like "Safar" travelling would actually be reccomended. Please
let me know if there are any precautions to be taken in this month as well.

Answer:

Safar is spelled with Sad and not Seen as in Safara (travelled) in Arabic.
Some dictionaries translate Safar to mean "Devoid of (good)"

There are some Ahadith that during certain days in the month of Safar one
should avoid travel, especially between the 10th and 20th. If one has to
travel, it is recommended to give some money in Sadqa (charity) before doing
so. In Mafaatihul Jinaan, there is a small Du'a to be recited ten times
daily to avert the Bala (trials) in the month of Safar.

Wasalaam

Asgharali M M Jaffer

Moses & Jesus ( peace be upon them)

Question:

During a conversation with a christian fellow, he brought up an argument
that MOSES KILLED AN EGYPTIAN quoted in EXODUS chapter 2,
and JESUS AND GOD ARE THE SAME quoted in JOHN chapter 1.

Are these true and how should I respond back to him regarding these?

Answer:

MOSES KILLED AN EGYPTIAN
This a true fact that took place in the history of Prophet Musa (AS). The
incident has been narrated in the Holy Quran as well. An Egyptian cook of
Pharoah (Fira'un) was beating an innocent Israelite (member of the Bani Israel
- to whom Prophet Musa (AS) had been sent as a messenger). When the poor
Israelite saw Prophet Musa (AS), he called out for help. Prophet Musa (AS) in
extending his assistance to the Israelite, struck a blow to the Egyptian
cook to ward him off, but the blow proved fatal and the Egyptian fell dead.
This was not killing as in cold blood murder, but was death in defence.
For more details, see Verses 15-20 of Surat-ul-Qasas (30) and refer to
comments by S V Mir Ahmed Ali.

JESUS AND GOD ARE THE SAME
This statement cannot be true for a Muslim whatsoever. However to argue with
Christians regarding the different semantic analysis of various words like
SPIRIT, SON, FATHER and so on are better found in specialist
Muslim-Christian dialogues. This topic has been extensively discussed in the
soc.religion.islam newsgroup.

Wallaahu A'alam

Mustafa Jaffer

Mothers Qadha Salaat

QUESTION:

Salam alaykum,

I am the youngest daughter in my family. My monther died 16 years ago with
many qadha prayers. My only brother is not capable of either doing the
prayers himself or paying someone else due to a handicap. Can I do or pay
someone to the the prayers on behalf of my mother ? This is something i
would very much like to do if it is permissible to do so. Also what is the
best way to go about finding someone to do so and how much would one
normally offer them ?.

Thank you

ANSWER:

As a rule, it is the eldest male child on whom the qaza of father's
prayers (and also the mother's prayers on basis of ihtiyat) is wajib. This
obligation on the eldest son does not prevent other members of the family
from hiring someone to perform the qaza prayer on behalf of the deceased parent.

The best way to go about finding someone to do the qaza pray is to
contact your local organization or `alim who is willing to arrange it in
Middle East, India or Pakistan, etc. They will also let you know the cost
involved in such arrangements.

Syed Muhammad Rizvi

Mother dies with many of Qadha salaat?

QUESTION:

Salam alaykum,

I am the youngest daughter in my family. My monther died 16 years
ago with many qadha prayers. My only brother is not capable of either
doing the prayers himself or paying someone else due to a handicap. Can I
do or pay someone to the the prayers on behalf of my mother ? This is
something i would very much like to do if it is permissible to do so.
Also what is the best way to go about finding someone to do so and how
much would one normally offer them ?.

Thank you

ANSWER:

As a rule, it is the eldest male child on whom the qaza of
father's prayers is wajib. This obligation on the eldest son does not
prevent other members of the family from hiring someone to perform the
qaza prayer on behalf of the deceased parent. It is also better (awla) to
do the qaza prayers of the mother.

The best way to go about finding someone to do the qaza pray is to
contact your local organization or `alim who is willing to arrange it in
Middle East, India or Pakistan, etc. They will also let you know the cost
involved in such arrangements.

Syed Muhammad Rizvi

Mouth Wash

QUESTION:

I seem to remember a recent question on mouthwash but could not find it in
the archives. My husband wants to know if it is okay to use mouthwash
such as Listerine, Plax, etc. The ingredients lists alcohol but does not
say what kind of alcohol.

ANSWER:

The use of mouthwash like Listerine, Plax, etc. containing alcohol is
permissible for use. The percentage of alcohol used in medicine, either
evaporates in the preparation, or is industrial type, hence permitted to use.

Asgharali M.M. Jaffer

Mut'a Procedures

QUESTION:

I need to ask a question about the procedures of mu'ta. I am in mu'ta
for a year and my engagement has been extended to two years and I need
to renew the contract. Can this contract be renewed without a waiting
time, since it is the same two people. Additionally, when do I redo
the aqd? What I mean to ask is when does the contract expire, if my
mu'ta is contracted on 21st July 1997, then does it expire 21st July
1998? Does it expire at the same time that it was contracted to make
it a full year. My mu'ta was not contracted in the country of my
residence, do I have to allow for the time difference?
I know that this is a picky question, but, I need help in answering it
since this problem is looming for me. I would like to thank-you all
in advance, May Allah(s.w.t) give you ajar for your efforts.

ANSWER:

The contract between the same two people can be extended and/or renewed
without any waiting period and before the expiry of the time of the first
contract. In your case, I would suggest a renewal/extension for another two
years. The renewal or extension is in fact a new contract and hence will
specify a new time and a new mahr. The boy will first have to 'gift' you
the remaining time (it may be only a couple of hours). This is done just by
the boy saying "I gift you the remaining period of this Aqd". Thereafter,
even immediately, a new contract is recited either by the boy and girl
themselves or their representatives thus enacting a new contract valid for
two years. In this case, there is no IDDA because the parties are the same....

With Salaams and Duas

Mustafa Jaffer

Muhammad Nafs az Zakiyyah?

QUESTION:

What is the 12vr view of Muhammad Dhu-Nafs Azakiya bin Abdullah Al-Kamel
bin Hasan Al-Muthanna bin Hasan bin Ali bin Abu Talib?

I talked to a zaidi and he claims that Nafs Azzakiya was the rightful Imam
of his time, and it can be proven historically that he did claim the imamate
for himself. What is our response?

ANSWER:

In answer to your question, please note the followings:

FIRST: A Brief Background on Muhammad Nafs az-Zakiyya:

Muhammad bin 'Abdullah bin Hasan al-Muthanna bin Hasan bin 'Ali, known as
Muhammad Nafs az-Zakiyya--Muhammad, master of the pure soul, was
promoted by his father 'Abdullah as the Mahdi.

In a meeting of some 'Alids and some 'Abbasids (including Abu Ja'far
al-Mansur who later on became the 2nd 'Abbasid caliph), in Abwa, outside
Medina, the plot to overthrow the Umayyids was hatched. It was in this
gathering that 'Abdullah presented his son as the Mahdi to whom all should
pledge allegiance.

When Imam Ja'far as-Sadiq (a.s.) was informed about the meeting and
its purpose, he went there and advised against the plot, and also rejected
--very openly and clearly-- the claim of Mahdism by Muhammad Dhu Nafs
az-Zakiyya. Upon this rejection, 'Abdullah bin Hasan accused Imam as-Sadiq
of envy and jealousy.

The group did not listen to the Imam's advice; they went ahead with
their plan in which the 'Abbasids treacherously usurped the power, and
killed or pushed aside all those who were instrumental in bringing down the
Umayyid dynasty. 'Abdullah bin Hasan al-Muthanna was arrested on Mansur's
orders and put in prison. His sons, Muhammad Nafs Zakiyya and Ibrahim, went
into hiding. Finally Muhammad organized an uprising, took over Mecca and
Medina; but he was unable to defend himself against the 'Abbasid forces sent
to crush the uprising. Muhammad Nafs Zakiyya was killed in the battle
outside Medina in 145 A.H. (See al-Mufid, Kitab al-Irshad, pp. 417-419,
'Abbas al-Qummi, Muntahal Amal, volume 1; Abul Faraj al-Isfahani, Maqatilut
Talibiyin, and other books on Islamic history).

SECOND: "The Zaidi friend claims that Muhammad Nafs Zakiyya did claim the
Imamate for himself. What is our response?"

First of all, your Zaidi friend has made a claim. Your response should be to ask
for evidence to back up his claim, and then respond to his evidence.

Secondly, there are other issues which must be discussed before
reaching to the claim of imamate for Muhammad Nafs Zakiyya: is Imamate by
nass (divine designation) or not? If yes, who was named in the nass after
the Prophet? Who was named by the first Imam as his successor?

Thirdly, from what I have briefly described above, it was 'Abdullah
bin Hasan al-Muthanna, the father, who introduced his son, Muhammad Nafs
Zakiyya, as the Mahdi. Obviously claiming to be the Mahdi also means that he
was claiming to be an Imam. If you can prove that he was not the Mahdi, it
follows that he was not an Imam either. It is a well-known fact among the
Muslims that when the Mahdi appears, he will establish God's rule on the
earth; there will be peace and harmony in the human society. Muhammad Nafs
Zakiyya was killed in the battle; he never established the kind of
government which is expected from the Mahdi. So he was not the Mahdi, and,
therefore, not an Imam.

I hope this is sufficient.

Yours in Islam,

Sayyid Muhammad Rizvi

Muharram - What actions are not recommended?

Question :

Someone told me the following things re: Muharram. Can you please
tell me if they are true, and if so, where do these come from? Please
cite the rulings or hadith that refer to these matters or that otherwise
explain
their source. JazakAllah.

Do not start any new business in Muharram, it will ultimately fail.
Do not buy or wear new clothes in Muharram it will make you poor.
Do not move into a new house in Muharram, it will bring disasters.
Do not eat food that is commonly eaten in happy days in Muharram.
Do not accept any gift, award or prize in Muharram it will bring pride.
Do not buy a new car in Muharram it will bring accidents.
On the day of Ashura we should never fast however partial fast till
evening is good. On Ashura day never do business and if at all you
earn money, that day's earning should be given in charity.
Biggest insult to Imam Hussein on the day of Ashura is to smile
or laugh or talk of worldly matters.

Answer:

Out of the whole statement made, only one thing is true - the one about
not fasting, but remaining hungry until evening on the day of Ashura.
The rest is more cultural and sentimental and no mention of it is found in
any hadith.

Mustafa Jaffer

Mujtahideen - Education and Qualifications?

QUESTION:

Aslam-o-Alikum

Please be sure that I do not mean any disrespect to any Ayatullah or the
great alims of our sect. However what I am extremely confused about is
that I have seen in Pakistan at least, usually the not-so-bright amongst
the family go for religious education, like I am a software engineer and
most of my cousins are also quite well educated in worldly terms,
however the one who could perform not so good was sent to a madrassa,
now he is planing to go to Qom. I do not know the process of becoming an
Ayatulloh but I think that the syllabus is not well versed in scientific
education and the stress is mostly on faiqah and shariah etc. However I
read in Nahjul-Balagha by the Bab-ul-ilm (AS) that science and religion
will ignite fire if seperated from each other.

My question is that I do not know the background of the current marajahs
and I do not know the syallabus and kind of education they went through
to become a Mujhtahid, I do not also know the input criteria of such
institutions and from what I gather its not extremely tough to get in.
Personally my study and research on Islam shows that scientific
education is a must in Islam as is the fiqah.

Somehow my heart does not agree that I should be in a taqleed of a
person and consider his as the ultimate word in religion when I am not
sure about his knowledge and calibre in all the fields of life. Yet
sometimes I am scared that I am not doing right, actually the same is
the problem with all my cousins and friends and I would be very grateful
if you can help and advice us on this.

ANSWER:

I shall be obliged if the book Fiqh and Fuqaha is given to this brother
to acquaint him with the subject.

Later, he may write to us for further elucidation.

With Salaams,

Asgharali M M Jaffer

Mujtahid - How to become one?

QUESTION:

Assalam Alaykum wa rahmatullah hi wa barakatahu,
I'm a 20 year old Indian student presently in the united states.I feel
I'm not fulfilling the purpose of my life completely by just trying to
make a name for myself in the modern world.I also want to deeply educate
myself in the principles of islam.I want to become an Mujtahid of the
Ahlul Bait Jaaferi school of thought.I have to study and work in the
UNITED STATES in order to fulfill my family duties. so I'm unable to go
to one of the Hauz-e-Ilmiyas to study under a teacher. I would like to
find out if there is a way for me to study the various subjects that a
Mujtahid has to have knowledge of through books and guidance of any
teachers or mujtahids here in the united states. I understand that one
needs a Certificate from one of the theology schools to be recognized as
a Mujtahid.Is there a way that I can study similar to distance learning
and be able to fulfill my goal? please advice me in this matter

ANSWER:

Salaamun 'alaykum,

Attaining the level of ijtihad requires many years of study and research
work under the proper guidance of the ulama'. Most of these courses are not
available here in the west, nor can one study to be a Mujtahid from this
distance.

In the West, you can take some courses to familiarize yourself with the
introductory study of Islam. These are available at such places as the
Hawza in Medina and various places in England.

These courses will enable you to undertake further research work in the
Hawda should you choose to pursue the field of ijtihad.

With salaams and du'as

L. Takim

Mushrooms - Are they Halal?

QUESTION:

I have heard that mushrooms are a form of fungus and not vegetables.
Are they halal?

ANSWER:

Mushrooms are Halal. Islamic law does not necessary follow scientific
classifications.

Wa-salaam,

Ali Rasheed

Music - Which music is allowed?

Question:

Based on Ayatullah Seestani recent rulings. Which Music is OK to listen to
and which is not.

....I also wonder about lullabies for babies.

Answer:

Salaamun 'Alaykum,

According to the Ayatullah Seestani, that music which is used for
entertainment and corrupt (Agha uses the word fusuq) purposes is haram. Two
months back, I had translated Agha's fatwa on sending children to musical
sessions on the ABDG, so please refer to it.

Based on the above answer, lullabies do not, from my understanding, fall
under the category of music which can be classified as haram.

See Ayatullah Seestani's Mustahdathat min Masa'il al-Shar'iyya, pg 28.

And Allah Knows best

Liyakatali

Music - Funeral and Military music allowed

QUESTION:

There is a lot of confusion what is Halal Music & what is not.
Especially since Iran permits all kinds now. Any clarifications possible?
Can one refer this matter to Marja other than one whos taqlid is being done
(Aytollah Seestani?)

ANSWER:

Ayatullah Seestani has a very clear fatwa on Music which disallows all kinds
of music except military and funeral music.

Mustafa Jaffer

Music - How to give up music as a habit?

QUESTION:

Saalam Alikum

I wanted to know, as to how it is possible to break a sinning habit like
listening to Music. At times one asks for forgiveness genuinly but commits
the sin again forgetting that it is a sin. We are told in many places that
once you commit a sin and then ask for forgiveness, you should not commit
the same sin again. But what if it was a habit and sometimes one tries
very hard to break it but being human we slip and forget and commit the
sin again.

>Will Allah (s.w.a) forgive such a person? Please advice soon!!

ANSWER:

Breaking off of a bad habit needs firm resolution and committment (needless
to say). You have been trying to give it up, but find yourself returning to
the folds of Music listeners. My advice is keep on trying and one day you
will find you have given it up totally! Do not give up trying!

Allah is very very Merciful and Forgiving. He will forgive anything and
your repetition of sins can also be forgiven provided you draw a line and
sincerely stop.

Have you sought solace in alternatives? Perhaps find something else to
occupy you during times when you get the urge to listen to Music? Try also
reciting certain Duas and performing certain actions that help a person
refrain from committing sins [eg. fasting].

May the Almighty help us all from the enticements and traps of Shaytan - Amen.

With Salaams and Duas

Mustafa Jaffer

Music - Can one buy Music cassettes?

QUESTION:

Is it permissible to buy music cassettes or CD's for someone who is
non-Muslim and does not believe the music is haram?
What about for a Shia Muslim who chooses to listen to the music although
he/she is aware of the rulings regarding music.
Please reply according to Ayat. Sistani

ANSWER:

It is not permissible to do any such thing that could encourage the
disobedience of Allah irrespective of whether the person believes the act to
be an act of disobedience or not.

With Salaams and Duas

Mustafa Jaffer

Music - Is classical music allowed?

QUESTION:

Is classical music such as Bach and Beethoven among the types considered permissible, or might some of it or all of classical music be haraam?

ANSWER:

Classical Music is amongst the type permitted. If Bach and Beethoven
fall into the category of Classical music, then it is allowed.

With Salaams and Duas

Mustafa Jaffer

Music - What types of music is allowed?

QUESTION:

What kind of music/song is allowed in Shariah. The ulema I have talked to so
far mantain that the music used in " LEHW AND LAAB" is not permisible. This
term is not clear to many of our Momineen. Please clarify this and if
possible with example.

I am a muqallid of Ayatullah Al Uzma Syed Ali Sistani.

ANSWER:

[Moderator's Note: The following answer was obtained from the above
referenced book. Additional questions regarding Music are available at the
link below].

Question posed to Syed Seestani:

What is the limit separating lawful from unlawful music? If the criterion is
its being labeled "entertainment or amusement," then this is not clear according to convention because there are differences of opinion on that.

Answer

The separating limit is its being of suitable quality for the gatherings of
amusement and of immorality.

http://www.al-islam.org/laws/contemporary/muamalat5.html

Music - Why is music haram?

Question:

Why is music haram, and what are the origins of this law?

Answer:

Generally speaking, music is deemed to be haram due to it's effects on a
person's soul and the possible effects on morals. It is also very addictive
and can lead to a person indulging in vain things which can make him lose
his purpose in life. I have observed the society around and am sure that the
gradual decadence of moral behaviour is based on 3 elements: Alcohol,
womanizing and music. You will observe this especially when you go to
Universities and colleges.

The prohibition against harmful music is derived from the Qur'anic
prohibition in indulging in that which is vain (lahw), entertainment and
corrupt (fisq). See for example 49:49.

Liyakatali

Music - Muslims say it is acceptable to listen

QUESTION:

I do taqleed of Agha Seestaani, and am wondering on the ruling concerning
the single 'I have no cannons that roar', that is being publicised by Yusuf
Islam presently. Although it is music, a lot of Muslims are saying that it
is acceptable to listen because of the nature and background of the
writing. Is this true, please help

ANSWER:

Music is music and it is haraam to listen to music. In Islam, the end does
not jutisy the means. A very basic principle in Islam is " LAA YUTAAULLAH
HAYTHU YU'SAA" - Allah cannot be obeyed if, in the process, a sin is
committed.

With Salaams and Duas

Mustafa Jaffer

Music - Aerobic exercise

QUESTION:

Is it permissible to "hear" music that is played while one does
aerobic exercise?
If one is an instructor, one must prepare the tape (of songs) to
be used during a session. Is it permissible to do so and use this tape as
the instructor? (The music is being used to motivate the participants to
keep their pace while exercising.)

ANSWER:

By keeping in mind the opinion of the majority of mujtahideen, it
is not permissible to listen to the music while doing aerobic exercise.
Exercise is not a modern phenomenon; it has been done without music and it
can be done without music.

The rule would be the same even if you are an instructor. Surely
human creativity can produce other ways of motivating the participants in
place of music!

Sayyid M. Rizvi

Muslims celebrate Xmas?

FROM THE QUESTIONER:

Comment:

The modern era has brought upon us the tradition of the celebration of
Christmas. This holiday is the celebration of ISA (s) "Jesus". This
holiday alone gives great grief to many Muslim children. They want to get
gifts just like the other children and fell left out.

QUESTIONS:

1) To what extent is the Muslim allowed to celebrate this holiday?

2) Is it proper for us to have trees and presents on EID-UL FITR as a
counter measure to keep the faith of the children in this non Islamic world
strong?

3) Should we use the Chrismas holiday as a way to make DAWWAH to Islam ie.
give out cards that have quotes from the HOLY Q'URAN about ISA (s) "Jesus"?

ARTICLE:

Below is the history of Santa Claus so you will be completely aware of
the origion of Santa Claus which is what the children of the West look
forward to on CHRISTMAS.

The original Santa Claus, St. Nicholas was born in the ancient
southeastern Turkish town of Lycia early in the fourth century. At an
early age, Nicholas was appointed bishiop of Myra, in Asia Minor. His
success in winning converts, and his generosity toward the poor, angered
Roman officials. During a great Christian persecution, he was imprisoned
and tortured under orders of the Roman emperor Gaius Diocletianus. At age
sixty, Diocletianus abdicated his thrown which in turn pleased many Romans
and was most fortunate for Nicholas. The now emperor, Constantine( who
would later convert to Christianity), freed the bishop. And when
Constantine convened the first Church council at Nicaea in 325, Nicholas
attended as a prominent member. he is believed to have died on December
6, 342, and eventually was adopted as the patron saint of Russia, Greece
and Sicily. Children today would not at all recognize the St. Nick who
brought gifts to European children hundreds of years ago-except for his
cascading white beard. he made his rounds in full red-and -white bishop's
robes and was pulled by: no reindeer, but coaxed a stubborn donkey. Much
of the modern day Santa Claus lore, including the reindeer drawn sleigh,
originated in America, due to the popularity of a poem :The Night Before
Christmas" written by Dr. Clement Clarke Moore-a N.Y. theology professor
in 1822. It was in America that Santa put on weight. The original St.
Nicholas had been a tall, slender, elegant, bishop, and that was the image
perpetuated for centuries. The rosy cheeked, roly poly Santa is credited
to the influential nineteenth century cartoonist Thomas Nast. From 1863
until 1886, Nast created a series of Christmas drawings for Harper's
Weekly. The drawings, executed over twenty years, show a gradual
evolution into the Santa we all recognize today. However, we should not
forget the influence of the Coca Cola Co. that used this jolly symbol in
its Coke adds in the 1920-30's which totally entrenched the Santa Claus in
Modern Culture.

ANSWER:

In His name, the Beneficent, the Merciful.

Regarding Christmas and how much Muslims can participate in it, I have the
following points to make. Please note that these are my opinions based on
what I think would be in line with Islamic teachings, and not based on
fatwa from any particular Mujtahid. May the Almighty safeguard me from
slips and errors.

It is common knowledge with Muslims that the Holy Prophet, sallahu `alyhi
wa-aalhi wasallam, did not like Muslims to imitate practices from other
religions. Thus we read that the Holy Prophet asked Muslims not to shave
their beard, for they will be mistaken as Parsees. Also, the Muslims were
asked not to leave their beard untrimmed otherwise they would be mistaken
as Jews. Another example is calling the faithful to prayers. The Prophet
wished not to use church bells as the Christians do, nor blow the trumpet
like the Jews for calling followers to prayers. Instead, the institution
of Adhaan was introduced to call Muslims for prayers.

I was surprised to read that some of our children feel grieved when Xmas
arrives because they feel left out. We Shi`a Muslims, the followers of the
Ahlul Bayt (a), have so many occasions to celebrate (4 `eids, Me`raaj, 13
wiladats, i.e. birthdays of 14 Ma`sumeen, etc.) every year that there
should remain no complains or any grumblings from our children that they
do not get to celebrate happy occasions and have fun during the year. Our
own children who attend a Muslim school, where because of Wahabi influence
Miladun Nabi and personal birthdays are not allowed, often comment that
they feel sorry for their peers who have only two `eids to celebrate in a
year.

1) I think it is imperative that Muslims celebrate `Eids with more
enthusiasm. Children should receive gifts, new clothes, and given a chance
to celebrate with friends and family. The house can be decorated, parties
may be held etc. etc. the list of activities which could be carried out to
stimulate children's pleasure, is endless. Of course, this will vary with
individual families. But to make sure that our children do not feel
deprived when they see others celebrating christmas, we have to provide an
alternative celebration for them. This would give them something to look
forward to as well as reinforce the fact that they are different from
their non-Muslim friends.

It is disappointing to note that many Muslim parents are seen rushing to
work and businesses after `Eid prayers and the children are either sent to
schools or left to pass time at home on their own. Not that it is haram or
makrooh to work on `eid days but the children see the Islamic festivals
coming and going without any fun. Sometimes, a weekend in summer is more
enjoyable than a `eid day in some Muslim houses!

2) I do not think having trees at home is a good idea. I see no reason for
a tree on `Eid, except that the Christians do it. It would be
incorporating a non-Muslim tradition into Islam, which I think is
dangerous. Plus, it could encourage imitation in other aspects as well,
which is what we should try to discourage. Instead Muslims can think of
various ways of decoration and lights and presents for a festive
atmosphere on 'Eid.

3) Sending cards with quotes (not in the original Arabic text) from the
Qur'an on Nabi `Isa, `alayhis-salaam, may be a good way to propogate the
similarities between Islam and Christianity so far as the prophet is
concerned. It would also convey a feeling of respect and consideration.
Preferably, these cards should not carry messages such as "Merry
Christmas" or anything implying that we too believe in the holiness of
Christmas.

With salaams and du`as.

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

Muslims - Country of residence

QUESTION:

Salam Alaykom:

I have a specific question regarding the place a moslem should select
for living in. More specifically regarding Islamic countries. I am an
Iranian citizen residing in the USA as a permanent resident. During the
past few years I have moved to Iran to live among other moslems and to
have my children grow up in an islamic environment. Having lived there
for sometime, I have found that social values have deviated from what I
expected from an islamic society. Specially recent events since the
election of the new president which showed the leaders of the society
are more concerned about their personal gains and getting more power
than being concerned with the well being of the people. Moreover, In
that country my profession as a physical therapist is not recognized and
I am not allowed to work as a clinition. Therfore, I cannot make a
living and cannot be beneficial to the islamic society in there. In the
States, however, I can easily work and provide a comfortable life for my
family. My children are grown up enough to make good judjment about
good and bad and I am not as concerned about this issue as I was before.
My question to you is: considering all the situations, do I have to live
in Iran or I can go back and live in the states and be more beneficial
to islamic society by using my profession and also helping the needy
financially.

Second, I need the E-mail address for Ayatollah Systanee or Ayatolla
Khoii's office.
I would appreciate it if you could kindly reply to my question at your
earliest convenience since I have to move else where soon.
Thank you for your considerations.

ANSWER:

Salaamun 'alaykum,

You can live in the States as long as there are no impediments to you
practising Islam there.

As far as the societal/ethical values are concerned, as you are probably
aware, they are worse in USA than in the Islamic Republic.

To the best of my knowledge, Ayatullah Seestani does not have a direct
email address. However, you contact his agents or you can write directly to
him in Najaf.

With salaams and du'as

L. Takim

Mustahab Dhikr in Qira'at

QUESTION:

Is the recitation of "Alhamdulillah" in salat allowed (out loud) in
Jamaat??

Once again, if I can have the opinion of the Mara'ja of the time
including Ayatuallah Seestani, Khu'i, and Khomeini...

ANSWER:

Yes it is allowed to say "Alhamdu lillah.." after the completion of suratul
Hamd with a raised voice (but not shouting) in Jama`at Namaz also.

As indicated in my previous answer on the subject I believe there is no
differnce of opinion between various Maraji` on this issue.

God knows the best.

Hasnain Kassamali

Mustahab Fasts

QUESTION:

I have a few questions about sunnat rawzeh (fasts) and I am hoping that you
can answer them soon, as this is the month of sunnat fasts. May I request
that the questions are answered by Mullah Bashir Rahim. Thanking you in
appreciation,

1) I have read in a text published by Rahenajat Office, Karachi and entitled
Doa's and Aaamal, that fasting the full month of Rajab acts as expiation of
all sins, leaving you as sinless as a newborn baby. But, it does not give
any traditions that have stated this, and I was wondering if such a thing
could be true.

2) In our house, it is a tradition that everyone wants to fast the 1st,
13th, 14th, 15th and 30th of Rajab and Shabaan, however, as they are often
sunnat, there is a habit that we get up in the morning and open each others
fast since they are sunnat. I was wondering if there is any value in
fasting such a fast that only lasts till breakfast, does it contain any of
the thawaab and merits of Rajab, my family members say I am committing a sin
by not opening my fast when they
offer me food, since my rawzah (fast) is sunnat. Please could you guide me
in this instance.

ANSWER:

(1) Mustahab fasts in the months of Rajab and Shabaan carry great rewards
and may act as expiation of many sins. Certain sins, particularly those
which caused injury, loss or hurt to others require seeking forgivingness
from the party offended. Certain other sins have prescribed methods of
expiation (kaffarah).

(2) A mustahab fast becomes unlawful if a parent has forbidden it. It is
also recommended that when one is observing a mustahab fast and he is
invited to have a meal with someone else from outside the immediate family,
he should partake of the food and continue to fast after the meal as his
fast would not be broken. The custom which exists in some families and
communities of forcing a member of the family to break a mustahab fast has
no basis in shari'at and is somewhat reprehensible as it reduces the fast
and the intention of the person fasting to a mere farce.

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

Mustahab Salaat

QUESTION:

I know that we are not supposed to offer sunnat prayers in congregation at
the mosque, but what about a husband and wife or family offering it together
behind the husband/father at home? For example, is that okay for namaze
shab or must each pray separately?

ANSWER:

salaamun 'alaykum,

Mustahab prayers are not to be offered in congregation whether at home or
in the mosque. For namaze shab (salat al-layl), the first 10 rak'as are
straight forward like subh prayers (with a different niyya for salat
al-shaf'). If the rest of the family members do not know how to recite salat
al-witr, then the father can offer it loudly whilst the family members
recite all the suras and du'as, istighfar etc. with him. However, it is to
be remembered that this prayer is not offered as jam'a, the method I have
suggested is merely to facilitate the offerings of prayers for those not
able to do so alone.

Wasalaam

Liyakatali Takim

Mut'a

Question:

I'm writing in order to help one of my friends who is facing difficulties at
university.

My friend who we will refer to as "Ali" wishes to perform Mutah with a girl
who he has known for a long period of time. However he is unsure as to whose
consent is required for the marriage to be in order.

Both parties are aware that if the girl's father of paternal grandfather is
asked their consent, it would not be granted and the girl would suffer
greatly at the hands of her parents who no doubt would send her away and
would do everything possible to make sure she and Ali never get together.

Therefore under such circumstances would it be permissible to go ahead with the
Mutah without any of the parents knowing.

Once again, if any of her parents were asked her life could be totally ruined.

Ali does the taqleed of Ayatollah Seestani..

Answer:

Bismihi Ta'alaa

According to Ayatullah Seestani, it is very important that even though a
girl may have reached an age of maturity where she is almost totally
independent, she still has to seek the permission of her father or her
paternal grandfather before she marries.

However, there are certain instances in which she can proceed to marry
without their permission. The instances listed down are:

i) If she is not a virgin
ii) If she is a virgin, but her father and paternal grandfather refuse to
grant her permission to marry a man who is compatible to her in the eyes of
Shariah and custom.
iii) If the father and grandfather are not in any way willing to participate
in the marriage.
iv) If they are not in a capacity to give their consent like in the case of
mental illness.
v) If it is not possible to obtain their permission because of their
absence, or such other reasons, and the woman is eager to get married urgently.

By clause (v), the urgency in my opinion refers to the dangers the girl may
feel she is exposing herself to and the potentials of her performing a
haraam act. If such is the case, then there is no need to take permission
from the father or the paternal grandfather.

Wallahu A'alam

Mustafa Jaffer

Mut'a - Can one marry a ahlul kitab?

Question:

I have a question concerning "mut'a". This issue has been discussed about
many times here, and accoridng to what I have understood, one (a male
muslim) can temporarily marry to a non-muslim female as long as she is
Christian or Jew( and of course or Muslim!). My question is, knowing that in
Judaism and Christianity, this kind of marriage is not allowed, so what
happens is the female party is commiting practically adultry, considering
her religion!

As a muslim how could we be neutral about this? Aren't we, by allowing this
kind of marriage to takeplace, encouraging them to commit adultry? And in
that case don't we share the act of commiting sin? Practically this marriage
can only take place when the female party doesn't care about here religion,
so what is the point to require she must be "ahl-e ketaab" ?!!!

The whole issue is still hard to understand for me! As a Shi'at muslim, I
know that this is allowed, but when it is about explanation I do not see, or
understand, much. I hope you can shed some light on it for me to be able to
grasp the idea here.

Answer:

It is important to realise two things here. The first is that both Nikah
(permanent) and Mut'a (fixed-term) marriages are recognised as solemn
contracts by Islam. The respect and protection for the women by Sharia is
there in both cases. Therefore to the Christian or Jew both marriages should
be viewed in identical fashion. If they considered that a female is
committing adultery in Mut'a with a Muslim man, then they would have the
same view about a similar relationship in Nikah.

As for the point about sharing in committing the sin, that only applies when
we encourage someone to break the Islamic Sharia. The issue would also arise
if the marriage was forced which is why willing consent of both female and
male is a requirement for the validity of the contract.

I have answered in greater detail about the Mut'a in a separate answer about
the relevance of Mut'a in society today.

Wasalaam

Asgharali M M Jaffer

Muta'a - Payment of Mahr

QUESTION:

Salaam Alaikum

I made long distance mut'a aqd with a man in order to become mahram with
him so that we can talk and discuss possibility of marriage. In that
aqd we agreed that I was allowed to break the mut'a at any time I
wished. We agreed upon Mahr. Later on I broke the mut'a agreement, but
I still have not been given my Mahr. Is this Mahr legally mine even
though there was no sexual contact and I ended the aqd early?

ANSWER:

Salaamun 'alaykum,

Since the marriage was not consummated, you are entitled to half the mahr.

Liyakatali Takim

Mut'a - Responsibility for child

QUESTION:

assalamu alaikum

I had a question regarding Muta'a. I was wondering if you could explain
to me about a man who enters a temperory marriage and a child is
conceived as a result of that marriage. I am confused as to why a man is
not responsible for that child and his expenditure as it's indicated in
Ayatullah Sistani's risalah. Is that man considered the father of that
child and what responsibilities does he bear towards that child if any.
Thank you in advance for your time. Jazak Allah khair.
wassalam

ANSWER:

Salaamun 'alaykum,

Even in a temporary marriage, a man is responsible for the upkeep of the
children resulting from that marriage. He has to provide provisions that he
would provide for a child under a permanent marriage

Liyakatali Takim

Mut'a - Rules and Regulations

Question:

What are the conditions under which mutah can be practiced.. Briefly what are
the rules and regualtions behind it?

Answer:

Conditions of mut'ah marriage are: i.e. the formula should be pronounced in
correct Arabic, the couple must have intention of insha i.e. recited in a
creative sense thus making it effective immediately,the couple reciting the
mut'a or nikah should be sane; baligh and
complete willingness of both parties to enter into the matrimony.
If the bride agrees, the dowry can be given later on or she can choose to
forgive it completely.

See Ayatullah Seestani's Risala p. 437-438 Islamic Laws

Iltimase du'a

Liyakatali

Mut'a - Is it permissible with people of the book?

Question:

One of my friend he has these questions for review.

Is Muta'a (Seeghaa) allowed with the people of book or not, especially
the christians of today. I know that the regular marriage is only
permissible with a Muslim. How about if the person is single and never
married.

And if it is, I read a long time ago in a Tawzeeh that the sermon of
Muta'a can also be said in a language other than Arabic. Please answer these
questions under the authorities of both Seestaani and Khamenai.

2) For a man to marry, is the permission of his parents a necessity
according to the Shari'a or not. A person who is living here in this
society and wants to stay away from the sins but his society(parents) does
not allow him to marry, if he marries without their permission is it
going to be a disobedience and punishable on the day of judgment or to
save his A'qibat this disobedience and rebel to one's society is allowed.

Answer:

1.Yes, temporary marriage can be contracted with Christian and Jewish women
of today - see Islamic Laws of Ayat Seestani, Masail 2406

If it is not possible to recite the formula in 'Arabic, any other language
may be used but the words must convey the meaning of the marriage contract so
there is
no doubt - see Islamic Laws - Masail 2379

2. The permission of the parents is recommended but not necessary in the
situation you describe.

Asgherali M M Jaffer

Mut'a - Is it required to talk to opposite sex on internet?

QUESTIONS:

Salaam Alaikum,

1. In order to discuss and talk with someone of the opposite sex on the
internet, is Mut'a required?

A.l. No, it is not required.

2. If so, I understand from your previous reply that the nikah cannot
merely be written over the internet. But wouldn't it be possible for
those interested in this to talk over the phone and recite the
appropriate words? Then they could talk freely with one another on line.

A.2: Nikah has got to be uttered in words formulated by the Shariah. If
they are recited on phone, then it will be deemed proper.

With Salaams,

Asgharali M.M. Jaffer

Mut'a - over the Internet

QUESTION:

Salaam Alikum,

This is very interesting [being able to recite the Nikah over the
telephone]. I was wondering if the "couple" would have to know
each other or at least have seen each other before Mutah could be recited
over the telephone .

ANSWER:

Salamun Alaikum,

It will be presumed that the parties intending to contract permanent or
temporary marriage know each other, if not by face, at least by other
relevant details. Secondly, marriage, permanent or temporary, is based on
the consent of both the parties. This much of acquaintance is presumed.
So, when Muttah is contracted on phone, it is not necessary to have seen
each other, or known each other closely.

Asgharali M.M. Jaffer

Mut'a with a Christian Women

QUESTION:

The person who needs the answer is on taqleed of Sayed Khui (RA).
A Muslim is considering to marry a Christian woman on the basis of mut'a.
She was married to another man until five years ago, when they separated
formally in the court. But because some financial issues have not been
settled after their separation, they never concluded their formal (civil)
divorce, according to the court.

What is the Islamic ruling for a new marriage (mut'a) of this Christian
woman with the Muslim man? Is she still considered married or divorced for
this matter?

ANSWER:

If the Christian lady has had her divorce solemnised according to SHARIAT,
and has completed her IDDAH, she can contract MUTA'H or a permanent marriage
with a Muslim. This is according to the rulings of Ayatullah Al-Khui, may
ALlah bless him.

Asgherali M M Jaffer

Mut'a with a Prostitute

QUESTION:

Assalamu'alaikum wr.wb.

May Muslim do mut'a with a prostitute? If he may, what is the way?

Your advice will be much appreciated.

ANSWER:

Salaamun 'alaykum,

According to Ayatullah al-Khu'i, if a woman is know to be an adulterer,
then as an obligatory precaution, one must avoid doing mut'a with her.

Wasalaam,

Liyakatali Takim

Mut'a with Ahlul Kitab

QUESTION:

I have a question regarding Mutah with a non Muslim woman. While I know that
Mutah with women who are Ahlul Kitab is halal I am wondering just who Ahlul
Kitab are. In particular I want to know if Mutah is halal with a woman who
believes that Prophet Jesus (AS) is God or the son of God. Also the Catholics
pray to statues of Jesus and Mary, are they not then practicing shirk.
Wouldn't his make them haram for mutah? What about a Christian or Jewish
woman whom we know engages in fornication.

ANSWER:

Ahlul Kitab are the people of the heavenly books, i.e. Torah and Ingeel.
Christians at the time of the Prophet also believed in Trinity. Yet they
are classified as the people of the Book.

Mutah with a woman who engages in formication should be avoided.

Asgharali M M Jaffer

Mut'a - Iddah

Question:

According to religious laws of Shia, a Muslim man can temporarily marry a
Christian or Jew woman (as well as a Muslim woman). As far as I understand a
Muslim man is not allowed to marry temporarily a woman having a religion
except those mentioned above. In practice, some problems occur that I could
not find solutions for them in the practical (Amalieh) Risalah. These
problems are listed in the following. Could you please answer these problems
or questions according to Ay. Sistani or Khamenei or Fazel-Lankarani? If finding
answers according to the above-mentioned persons is not possible at the
present or it needs to be asked them directly, could you answer them
according to Shia's Feqh resources like Sharh-Al-Lom'eh (by Shahid Al-Thani)
or so on.

Q.1. In western countries the majority of people are Christians. However,
there are people who are not, in the meantime, Muslims or Jews. Is it
allowed not to ask her religion while Muta? In other words, is it allowed to
presume that she is Christian as the majority of people in society are
Christians?

Q.2. When a Christian (or Jew) unmarried woman has lost her virginity due to
her previous relationships, is her father permission for marriage
temporarily (Muta) needed?

Q.3. When we find that she is single, Is it necessary to ask her that
whether she has a boyfriend at the present or not? If she does, is it
allowed to marry her temporarily? If she doesn't, is it necessary to ask her
about previous relationships? In other words, is it necessary to ask her
that her EDEH (about 45 days in Muta) is over? and also to tell her to keep
EDEH after expiring the period of Muta, while she does not believe to these
rules or may not do as requested? In summary, should we ask her about EDEH?
and without asking in this regard, can we do Muta?

With many thanks.

Answer:

Q1. In a country where the population is predominantly Christian, you may
presume that she is also Christian.

Q2. The father's permission is not required if she has had previous
relationships as described.

Q3. It is not necessary to ask but if she is currently in a relationship you
cannot marry her. It is not necessary to ask about previous relationships or
how long ago they took place. However, it is necessary to explain to her the
rules of Mut'a and explain about the Iddah to follow, even if she does not
later do as requested.

And Allah knows better.

Asgharali M M Jaffer.

Mut'a - According to Qur'an and Sunnah

QUESTION:

What is your idea about ESTEHBAABE-MOT'E?
Have we got any HADITH 'bout that?

ANSWER:

Bismihi-l-Haqq

There is unanimity amongst the Muslims that temporary marriage (mut'ah)
was sanctioned and approved by the Qur'an and the sunnah of the
Prophet (S). The dispute on this issue between the Shia and the Sunnis
centres on whether or not this legislation was abrogated by a
subsequent Qur'anic verse and hadith-reports of the Prophet (S). Our
position (i.e. Shia), which can be documented with solid evidence, is
that no such abrogation took place in the lifetime of the Prophet.
Recently, an M.A. thesis on Mut'ah by Br. Riad Ahmad was submitted to
the Department of Islamic Studies at McGill University. It has gone
for binding and cataloguing, and should be available in a few months.

The legislation on temporary marriage (mut'ah) is commonly invoked to
stigmatize the Shiah and is equated to a form of legalized prostitution.
Such a misconception is due to the inability to position this
institution within the larger social context. Islamic social
legislation is comprehensive and thus must address all possible
scenarios. Preservation of this practice was so important that the
Imams (a.s.) used to encourage their followers to contract mut'ah. The
hadiths that recommend mut'ah have to be understood in this context,
i.e. it was meant to revive (yuhyi) and maintain this institution. See
for example the hadith from Wasa'il-us-Shi'ah (Tehran, 1397 A.H. vol.14,
p. 444) under the chapter on Nikah and section on Desirability
(Istihbaab) of Contracting Mut'ah: On the authority of the 6th Imam (a)
who is reported to have said that every man who contracts mut'ah and
then performs the ghusl, God creates from every drop (of water) that
drips from him seventy angels who seek his forgiveness till the Day of
Judgment . . . Another hadith says that He forgives sins when one
perfoms the ghusl equal to the number of hair. Other traditions that
recommend mut'ah: I love a man who does not leave this world until he
contracts mut'ah even if it is only once, and prays jum'ah in a
congregation; once the sixth Imam (a.s.) asked his companion Muhammad
b. Muslim if he had ever performed mut'ah to which he replied no. The
Imam said that do not leave this world until you have revived (tuhyi)
the sunnah. You will notice that wherever the Imams strongly
recommend mut'ah, it is in the context of reviving the sunnah of the
Prophet (S). This becomes even clearer when we examine the hadith
reports that discourage (karaahat) mut'ah for those who already
have access to their permanent wives. This is the view of Professor
Murtada Mutahhari and Ayatullah Fadlullah. The latter believes that
mut'ah can be prohibited if it is warranted for the preservation of
public interest.

I should clarify, however, that all present-day jurists allow men to
enter into a mutah contract irrespective of whether they are permanently
married or not. Ayatullah Fadlullah puts a limit of 4 wives, inclusive
of permanent and temporay wives, whereas others put no restriction on
the number of temporary wives. It is prohibited to marry a virgin
in both temporary and permanent marriage without the
consent of her guardian (wali). It is also reprehensible (makruh)
to engage in mut'ah contract with a virgin.

wa bi-l-laahi-t-tawfiq,

Hamid Mavani

Sources: Sachiko Murata, Temporay Marriage (Mut'a) in Islamic Law
The Rights of Women in Islam
Mohammad Sharif, Innocently Accused: Fixed Term Marriage
Al-Amili, Wasa'il-us-Shi'ah
Al-Urwat-ul-Wuthqa with commentaries by marjas
Ayat. Fadlullah, Ta'ammulat-ul-Islamiyyah hawl-al-Mar'ah

Mut'a - Temporary Marriage

QUESTION:

SITUATION: There is a friend of mine who studies with me and I
recently found out that he is a Shia. I saw him praying in our local
Sunni mosque and he prayed like me so I decided to ask him of his sect.
We got to talking and after knowing him for a couple of days now I
found out that he lives with his girlfriend. I talked to him about the
concept of Mutaa that we Shia believed in. He seemed to be very
interested in this. I told him about the basic things that I know about
temporary marriage but soon I was confronted with a question that I was
not able to answer.
His girlfriend is a virgin and thus needs her father's permission
to perform mutaa. She is also very interested in learning about Islam.
Unfortunately, her dad is a pastor at a local church, so he is not going
to be practicle about the concept of temporary marriage. The question
that I was confronted with was:

QUESTION: What should be done if the guardian of a girl (Ahl-el- kitaab)
is very impracticle and does not want to do anything with one of Allah's
orders?
I was not able to answer this question and I would really
appriciate it if you can answer this question for me. I'm sure that
Islam will have an answer to this. I would like this question to be
answered according to the rulings of both Aga Khui, and Aga Seestani.

ANSWER:

In The Name of the Most High;

1. The guardianship of one over another is not valid in the following
situations:

a. If the father is a kafir and the person is a muslim.

b. If the person is an adult(rashid) and their is an inclanation towards
the one to be married. (it is only a recommended precaution to get the
guardains permission in this case).

c. If getting the guradian's permission is hard to get for any logical
reason.

d. where the hardship of achieving such permission is greater than the
benefit of getting such permission.

2. Not all Alims require that an adult bikr woman gets her guardian's
permission to enter into a muta marriage. Those who require such conditions
view it as an obligatory precaution. Therefore, and in those situations,
one can revert to another alim who allows it.

3. In this particular situation, this girl does not have to have her father's
permission to enter into a muta marriage with this brother. In fact the
brother must perform such muta right away to avoid further falling into
haram acts.

Allah knows best.

Abu Muhammad

Mut'a - Banned by Umar ibn Khattab

QUESTION:

What is the unforeseen act of `Amr b. Harith that occurred in the
time of 'Umar which caused him to ban Mut'ah as mentioned in Sayyid
Sharafuddin's Masail Fiqhiyyah?

ANSWER:

There are very few details from the sources on this event. However,
I have heard that 'Amr had contracted mut'a with a Persian woman during the
time of 'Umar. 'Amr also neglected his permanent wife and family
responsibility due to his mut'a relationship. This was one of the reasons
which caused 'Umar to ban mut'a. However, this is just one story I have
heard, Allah knows the truth

Yours in Islam

Liyakatali

Mut'a - Iddah?

QUESTION:

If a women ends a muta'h and has not had any ohysical relationship with her
husband for a period of 2 months before the agreed upon expiration of the
muta', does she still have to observe iddah?

If a woman did not have any physical relationship with her husband for a
period of one month before the expiration of their muta'h and she had
menstruated, is her iddah still 2 cycles of menstruation or only one?

ANSWER:

IF she has had physical relation even once during the period of muta'h, she
has to observe Iddah. She has to observe 2 cycles of menstruation after the
expiry of the term.

This is according to Ayatullah Seestani.

Asgherali M M Jaffer

Mut'a - Can a Shia perform Muta' with a Sunni Girl?

QUESTION 1:

Is it allowed to perfom Mut'a with a Sunni girl if you explain the
reasoning to it?

ANSWER 1:

Yes, mut'a may be performed with a Sunni girl.

QUESTION 2:

If it is not possible that the girl can obtain permission from her parents,
is it still allowed? a) if she is virgin, b) if she is not virgin?

ANSWER 2:

If she is a virgin then permission of the father has to be sought. If she
is not a virgin, then no permission is required.

QUESTION 3:

What is the ruling concerning Muta with non-Muslims i.e. Sikhs and Hindu if
you explain to them the Muta? With practicing/non practicing Christians
and Jews?

ANSWER 3:

Mut'a with women from people of the book (ahl al-kitab) is allowed.

QUESTION 4:

If you perform Muta are there any implications in the next world? i.e. are
you allowed the women of heaven ?

ANSWER 4:

If one follows the prescribed rules, then there will not be any negative
implications.

With Salaams and du'as

L. Takim

Mut'a and Fasts

QUESTIONS:

Q1: Is it possible to make zawaj muta (muta marriage) over the phone
and the dowry given upon meeting, or must both the recitation of the
words and dowry be done simultaneously and in person?

Q2: What is the proper niyat for a wajib fast (Ramadan) and a non-wajib
fast?

ANSWERS:

Question 1:

It is possible to perform a marriage over the phone provided the normal
conditions of marriage are fulfilled. i.e. the formula should be
pronounced in correct Arabic, the couple must have intention of insha
i.e. recited in a creative sense thus making it effective immediately,
the couple reciting the mut'a or nikah should be sane & baligh and
complete willingness of both parties to enter into the matrimony.

If the bride agrees, the dowry can be given later on or she can choose to
forgive it completely.

See Ayatullah Seestani's Risala p. 437-438 Islamic Laws

Question 2:

The proper niyya for a wajib fast is I am fasting for the month of
Ramadhan wajib qurbatan ilalaAllah.

The niyya for a non-wajib (or mustahabb) fast is I am keeping a fast
qurbatan ilaAllah. Please note that one does not have to utter the niyya,
if one has the intention in the mind (that I am performing the act for this
purpose) that is sufficient to act as a niyya.

In fact, according to Ayatullah Seestani, it is sufficient for a person to
decide that in obedience to the command of Allah he will not perform, from
the time of the adhan of fajr prayers up to maghrib time any act which will
invalidate the fast.

Jazaka Allah

Liyakatali Takim

Mut'a - is Muta allowed for married women?

QUESTIONS:

Is Muta allowed for Married women also. If not why?

Are there any degrees in prophets(eg. Prophet Mohammad is greater than Moses).
If so you can please qote me from Quran, If not Hadis will do.

ANSWERS:

Salam Alaikum brother;

Muta is not allowed for married women for the simple reason that Allah did
not allow it for them. We can ponder many reasons such as preservation of
lineage, control of social morals, and phyiscal fullfilment differences
between men and women. Basically the same reasons why men can marry more
than one wife but women can not.

As far as the second question, the quran states clearly that "Tilka-aruslu
fadalna baadahum ala baad, warafanu baadahum fawqa badeen darajat"

Those are the messangers, we have excelled some over others in preference,
and eleveated some of them in degrees..

this is a rough translation and I beleive the verse is in Surat Al-anbia.

Abu Muhammad

Mut'a - Permission of wife - is it necessary?

QUESTION:

I follow the taqlid of Ayatullah Khui
A friend and I have been discussing the topic of MUTA.
Although we both realize that it is allowed in Islam, there is some
dissagreement on its application.
I contend that once a person has entered a permanent marriage, muta is no
longer allowed. My friend feels that muta is still allowed as long as the
permanent wife knows and does not dissapprove.

ANSWER:

Both are wrong.
Muta' has no restriction or condition on a man that he must be single. That
is true for the woman. Nor does it contain a condition of the wife's
approval. Muta' can be done wothout the permanent wife knowing.

Mustafa Jaffer

Mut'a - Its sigha, is it okay to read in any other language?

Question:

is it permissible to pronounce the sigheh of muta in a language other than
arabic ie english or french?

Answer:

The sigha of mut'a can be pronounced in any language. But it should convey
the full meaning of the original.
The woman to say:
"I give away myself in Mut'ah to you for a period of ............
and against the agreed mahr of ................"
The man to say:
"I accept you in mut'ah accordingly".

Mut'a - Is it allowed to contract without physical contact?

QUESTION:

My friend told me that you answer questions relating to Islamic Law. Would
you mind answering the followiing questions regarding the temporary marriage
(mut'a)?

(1) If 2 parties agree to certain conditions when contracting the temporary
marriage (such as no physical contact), is this agreement merely a convenience
or is it Islamically binding? If one party later violates this agreement
without consent, is this haraam? Is silence about the matter by the other
party considered consent, or must consent be explicit?

(2) Does a woman (Islamically) who is in a temporary marriage have the right
to refuse anything her husband sexually wants from her, or is it haraam for
her to refuse? Does the intent of the temporary marriage matter (i.e. it was
not contracted for the purpose of sexual pleasure); also, do agreements such
as the one mentioned above have any bearing on this question?

ANSWER:

1. Yes, that condition imposed by the wife will be valid. However, if she
agrees to physical contact etc., the husband is permitted to have that
contact. Silence, not under distress or threat is a form of compliance.

2. It is haram for her to refuse. If there was a condition at the time of
contracting MUTAH, then the law explained above will prevail.

Asgharali M M Jaffer

Mut'a - without Mahr

QUESTION:

Our Mut'a was recited by Maulana, in the presence of the male and the
girl's father. There was no agreed mahr, so, Maulana told the man to
decide it with girl later, which he then did. The mut'a recitation
stipulates an amount of mahr; my question is was our mut'a in order.
The contract has know completed, and if it wasn't in order have we
committed a sin, as we left in in the hands of someone more educated
then us.

ANSWER:

Muta' without fixing Mahr is VOID and BATIL. However, you say that it was
later fixed - if it was fixed before consummation of marriage, then it is
alright, otherwise that MUTA (without fixed Mahr) was void.

Asgharali M M Jaffer

Mut'a - Cultural stigmas

Question:

I feel that there is a cultural stigma against a married man engaging in
mutah. People always envision a wife working hard at home to raise the
kids while the husband is out playing with his mutah.
Now, if he is as fair as he can be with regards to time, money, etc., spent
with all of his wives, is there any harm in a married man engaging in mutah
for whatever reason, be it pleasure or otherwise?
Also, is there any harm in him having multiple mutahs, for pleasure or
otherwise, if he is still as fair as he can be with regards to time and
money, etc.? Or, is he wrong to engage in mutah if he is married in some cases?
Also, if a wife is jealous of her husband being involved with these mutahs
which are perhaps for his pleasure but he is trying to be fair in time,
etc., is she sinning in that jealousy?

Answer:

It is important to note that it is very difficult if not impossible to be
fair and just to both wives in a polygamous marriage, whether it be
permanent or temporary. Some ulama have told me that in their opinion, a man
who is happily married with children should not perform the mut'a for fun
especially as this will probably affect his married life, it will create
tension in his marriage and could possibly lead to a divorce.

As for having multiple mut'ahs, apart from the fact that it is impossible to
be just to all parties in such circumstances, there is a real possibility of
cathing or spreading diseases especially in modern times. Why should a
dedicated wife who is bringing up her children be exposed to such treatment?
Indeed, it is but natural for a woman to feel jealous and aggrieved under
such circuimstances.

May Allah guide us all, Amin.

Liyakatali

Mutawatir Hadith

QUESTION:

Salam Alaikum.

It shall be much appreciated if you may kindly throw some light on the
subject of Mutawatir Hadith as to what is the definition and what is the
root word in Arabic for this and if a certain Hadith is Mutawatir , does
it also mean that it is more strong and more accepted.

Thank you.
Was-salam.

ANSWER:

Salaamun 'alaykum,

In his Awa'il Maqalat, Shaykh al-Mufid defines mutawattir traditions as
"transmission by such a number of transmitters that they could not have
agreed to fabricate such a tradition without the fact of it's fabrication
becoming known".

Moreover, not only have such traditions been narrated by many
transmitters, they have also been successively transmitted without any
break in the isnad (chain of transmission).

For example, the event of Ghadir where the Prophet (SAW) explicitly
appointed Imam Ali (AS) to be his successor is a mutawwatir tradition.

Mutawwatir traditions are much more reliable than the ahad (singular)
traditions which are reported by just one transmitter. Most of the ahadith
are of the latter genre.

Fi amanillah

Liyakatali Takim

Mutual Fund Investment

QUESTION:

Please reply this as per ruling of Seestani.

Many people invest in Mutual Funds. Many mutual funds company
invests in many other companies by buying shares of those companies. If I
buy some units on Mutual funds I become a part owner of all those
companies whose shares are bought by the Mutual Fund Company. If a Mutual
Fund Company buys millions of shares of which some shares are of breweries
and Casinos and Meat Companies.They issue prospectus showing their
holdings in different companies. Can I buy units or shares of these Mutual
Funds which has some shares of breweries and Casinos and other haram
things? The income that I derive through this Mutual Fund company includes
income from breweries and Casinos as well.

ANSWER:

It is not allowed to transact any business that involves alcohol or
gambling. (See Ayatullah Seestani's Islamic Laws pg 373 "Haraam Transactions").

Asgharali M.M. Jaffer

Meaning of PAK

QUESTION:

As-salam `alaykum,

In your archives I have noticed he term "PAK", and I think it is
equivalent to halaal, but I am not sure. Could you explain this term
for me, and indicate its language of origin?

ANSWER:

PAK is a Persian, Urdu, Gujarati word used for TAHIR, not Halal. Instead
of using the expressions like "clean" or "virtually clean", we chose to use
the word PAK.

Asgharali M.M. Jaffer

Medicinal Alcohol

Question:

Assalamu alaykum

I am wondering about whether it is haram to ingest small quantities of
alcohol found in different remedies for illness. In particular I am
thinking of two different substances: The first is a drink called kombucha
which is the fermented result of tea and sugar, which contains about .5% -
1% alcohol (the same as a "non-alcoholic" beer), and is drunk by some
people as a tonic, liver cleanser, cure-all etc. The second is the
homeopathic remedies that can contain about 20% alcohol, of which the
person ingests only a few drops a day, to cure various ills, depending on
what the medicine is.

Please base the answer on Ayat. Khameini's rulings.

Response:

I could not find the exact Massa'la in the selection of the replies
provided by Ayt. Khamenei to some questions asked of him. You may want to
forward your exact question to his office. But I found the following on
page 93 of the mentioned text which seems to me to be relevant to what is
asked.

Q.321
I make Spray Etheropin Sulphate and Alcohol is one of the main
component of its medical formula, in other words without adding the
solution of alcohol it is not possible to make the spry. As far as the
(medical) application of the spry is concerned you may want to know that
it is a weapon to save the Islamic Army against the nerve gas. According
to you ruling, is it lawful to use alcohol in the production of the
medicine as described above?

A. If the Alcohol is intoxicating (Musker) and fluid in its original form,
it is Najes and Haram, but its usage in medicine in some cases has no
problem (no Ishkal).

Please be advised that according to Ayt. Khamenei for alcohol to be haram
and najes:

1-one must be CERTAIN that
2- it is MUSKER
3- the original form of the substance be LIQUID.

with regards,

Mohammad

Medicinal Alcohol (2)

Question:

Could you please clarify for me about what constitutes "musker/intoxicating": I
heard once that if the alcohol is intoxicating in large quantities than even the
small quantity or it is haram, even if one doesn't feel any intoxicating
effects. Is this true or not?

Answer:

In question # 317 where someone asks whether a small percentage of
%5 or %8 Alcohol in food products has any problem, given the fact that
that small percentage of Alcohol is dissolved in the food and does not
cause intoxication, Ayt. Khamenei replies that:

" If the Alcohol present in the product is in itself (fi Nafsehe)
intoxicating (Musker), then it is najes and haram, even though it might
not be intoxicating (Musker) [in a given case] due to its small quantity
in the solution and its mixture with the product. But if there is a doubt
as to whether it is in itself, or it is liquid in its original form or not
the rule is different."
As we notice in the above answer one of the criteria given for
Alcohol to be najes and haram is being intoxicating (Musker) IN ITSELF (fi
Nafsehe). This means it has the potential of intoxicating an individual-
not a particular individual with certain amount of consumption. But rather
the mere fact that it can intoxicate human beings under some conditions it
is enough for it to be considered haram and najes even when those
conditions are not met and it does not have intoxicating effects in that
case.

Regards,

Mohammed