Na-Mahram - Sharing Glasses

QUESTION:

Recently my brother-in-law came to stay at my house and he would not drink
from the same glass as me because I am a non-mahram to him. Please could
you tell me whether he is correct in his actions and more detail.

ANSWER:

The question of being Na-Mahram is not applicable to using the same
utensils or glasses for eating and drinking. In other words, your brother-in-law was not right in his assumptions.

Asgherali M M Jaffer

Nabi & Rasul

Question 1:

In out Quran lesson, a question came up as to the difference between the
terms Nabi and Rasool. I was previously told that every Rasool is a Nabi,
but not every Nabi is a Rasool. A Rasool receives revelation whereas a Nabi
doesn't necessarily receive revelation. However, the verse 3:80 points says:

And when God took the pledge of the NABIEEN, "Verily, what I have given you
of the Book and Wisdom ...."

This leads one to believe that the Nabi receives a Book (revelation).

Can you please clarify.

Question 2:

Is Prophet Haroon a Nabi or a Rasool? Taking into consideration the verse
21:48 which says

And indeed We did grant unto Moses and Haroon Criterion and Light and a
Reminder for the pious ones

Answer:

First of all I tender my abject apology for the the delay.

(1) On the distinction between nabi and rasul scholars are not agreed. There
is a school of thought which subscribes to the view that a rasul was the
prophet who brought a new shariah while those prophets who did not bring a
new shariah were called nabi. The following excerpts from the book entitled
"Prophethood" by Maulana Sayyid Saeed Akhtar Rizwi may prove of some
assistance although the learned author does not commit himself to any
particular difference:

"The word nabi is derived from "Nabuwwat" which means to be high and thus
"nabi" means
a high (exalted) person in the presence of Allah. Another interpretation of
"nabi" is
that it is derived from "nubu-at" that is to prophesize. According to this
interpretation "nabi" means one who prophesizes.
The word "rasul" is derived from "risalat" which means to send and "rasul"
means one who is one who is sent from Allah."

Maulana adds-

"According to Muslim terminology, "nabi" means "a man sent directly by God
to the mankind to lead them to the right path".

"The phrase 'sent directly' shows that the nabi does not get his inspiration
or revelation through the agency of any other man. By this phrase we
differentiate between nabi and imaam., because imaams are also sent by God
to the mankind to lead them to the right path but they are sent through the
prophet; they get their direction through the prophet, not directly from God."

I have quoted the above to demonstrate that there is no easy answer to the
question and perhaps for the madressah children the simplistic answer
suggested by the questioner may be more comprehensible.

Allama Sayyid Muhammad Hussayn Tabatabai discusses the whole question
extensively in the
Al-Mizaan, Vol.3, pp 204-215 (Tafseer Ayah 213 Surah:II). At one stage he
states:

"In short the words os Allah do not show any difference between the two
(nabi and rasul) except what appears from their literal meaning."

The learned author cites a hadeeth of the fifth Imaam (A.S.) from al Kafi.
Commenting upon Ayah 51 of Surah 19 in which Allah describes Hazrat Musa
(A.S.) in these terms: "Lo ! He was chosen and he was a rasul and a nabi"
the Holy Imaam says "The Prophet (nabi) is the one who sees in his dream and
hears the voice but does not see the angel; the apostle (rasul) is the one
who hears the voice, and does not see in dreams, and sees the angel."

(2) In view of the above the status of Haroon would be difficult to
determine. I would be
tempted, for teaching to our children, to present the distinction suggested
by you. Haroon was not given a shariah, he was to uphold the one given to Musa.

With regard to Ayah 48 of Surah Anbiya (XXI) Mir Ali in his tafseer
distinguishes between the shariah given to Musa and the Furqan, crtiterion
to differentiate between right and wrong. Tafseer-e-Nammonah discusses at
length ( Vol.13 p. 316) the meaning of furqan in the tafseer of this Ayah.

Nonetheless if you feel you want a detailed and reasoned answer, I shall be
happy to do more research on the subject.

Please remember me in your du'aas.

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

Bashir Rahim

Nadey Ali

Question:

What is the origin of the supplication Nadey Ali? When was it first
recited, by whom and in what circumstances. Also, if you could provide
references with your reply, I would be very grateful.

Answer:

NAdey Ali Mazharal Ajaib..... is a small Dua which, like all other Duas,
have come down to us through a chain of narrators. This Dua like a hadith
has to undergo a treatment with the Maraji who would then be the best
judge to the authenticity of the Dua.

With regards to Nadey Ali, Ayatullah Khui (RA) responded to a question
answering that the Riwayat (tradition) is not established as authentic in
his view.

I have the original of this question and answer in Arabic and perhaps this
could be the very reason that Shaykh Abbas Al-Qummi (RA) chose not to
include this in Mafatihul Jinaan.

Wallaahu A'Alam

Wassalaamu Alaykum,

Mustafa

Nadhr - Vow / Repaying ones own Qadha

QUESTION 1:

Salaam,

My question is in regard to "manath".

Is it true that we cannot do manath of namaz or fasting, if we have any that
are qadha?

If this is true, I know that as far as namaz is concerned, we must
complete our qadha namaz ourselves. However, is this also true when it
comes to roza (fasting) or is there any other way to make up the owed
roza. For example, can we send money?

ANSWER:

The word you are looking for is 'Nadhr' - a vow to recite Namaz or fast
upon successful completion of something. This can be done even if we have
Qadha outstanding.

Qadha fasts or namaz cannot be delegated to someone else during ones
lifetime. You can delegate after death by either leaving a will to that
effect or the eldest son (or any child for that matter) gets the qaza
repaid by paying people to do it.

QUESTION 2:

Can you tell me whether it is permitted to fast on behalf of parents who
are still alive, in order to make up for fasts they have missed (i.e.
qadha fasts).

ANSWER:

This cannot be done for the onus is theirs as long as they are alive.
Should they not be able to fast for reasons of disability or handicap, then
fast is NOT wajib on them. Prayers is wajib at all times, albeit could be
performed in different positions. If standing is not possible, then
sitting; if sitting is not possible, then lying down; and the worst
scenario is a person praying with movements of eyelids to show positions of
rukuu and sajda. Should anyone be unconcious as in coma, then prayers are
NOT wajib.

MASAIL OF AYAT. SEESTANI (From 'Islamic Laws'):

1396. As long as a person is alive, no other person can offer his qadha on
his behalf, even if he himself is unable to offer them.

With Salaams and Duas

Mustafa Jaffer

Question:

Concerning Nahjul Balaagah, I want to know why we give so much importance to
only this compilation of the sayings of 'Ali (as). There are hundreds of
compilations of his sayings that we have. Is this the best one worthy of
reverence and popularity? Why? This compilation was written by Sharif Radi
to demonstrate the eloquence of 'Ali (as)
(Balaaghah), something that I believe is secondary for one of his followers.
It is more important to know what 'Ali advised us, not how he said it.
Right? On top of that, the Nahj is very weak in the way it as referenced.
This because Sharif Radi's goal in compiling it was to show the power of
Ali's (as) rhetorical abilities, not to compile a book of his Ahaadeeth
(something which is usually highly referenced and authenticated). On top of
that, the Nahj was compiled in the 3rd or fourth century. On the day of
Judgement are we going to be asked whether we believed in the Nahjul Balaaghah?

Answer:

Nahjul Balagha is an important document that has attracted scholary
attention from both Sunni and Shia scholars as is attested by the many
commentaries of this work. It is a work of unparralled excellence and is
worthy of great reverence from many aspects and
not just from the angle of its eloquence. However, that does not mean that
other statements of Imam Ali (a.s.) are not worthy of respect and we ought
to pay equal attention to them. There are reference tools available to
facilitate finding items in Nahjul Balagha. I am told that there is also a
computer software on this.

A student at McGill University by the name of Syed Mohammed Quasemi wrote an
MA thesis in which he demonstrates that Nahjul Balagha is an authentic
document that was compiled from very early sources, some of which are still
extant in manuscript form. To the best of my knowledge, we will not be
questioned on the day of Judgment about our belief in Nahjul Balagha,
however, our rejection of its contents may constitute contempt for the
advise and admonition of our Imam (a.s.).

wa bi-l-laahi-t-tawfiq,

Hamid Mavani

Nahjul Balagha / Imam Hasan & Husain ( peace be upon them )

QUESTION 1:

The imams, succeeding the prophet were the fountains of knowledge and access path to the "city of knowledge". Some proof of this has been recorded in books like Nahjul Balagha & Psalms of Islam.

I was wondering while Imam Ali, was doing sermons and speeches, what were his two holy sons doing? Did they too propagate Islam by sermons? And if so why is there no record/compilation of their sermons and speeches?

ANSWER 1:

By studying the lives of our Imams, one thing becomes very clear that during the imamate of one Imam, the successor would never say or do anything without the permission or command of the living Imam. So the question of Hasan and Husayn giving sermons while Imam 'Ali was alive did not arise that much, except in cases where they were told by their respected father to answer a question or give a sermon; or, for example, when Hasan was commissioned by Imam 'Ali to go Kufa and raise an army for either the battle of Jamal or Siffin (the uncertainty is from myself), Hasan gave a very moving sermon and gathered a large number of people to join his father.

QUESTION 2:

Nahjul Balagha is a compilation of Imam Ali's saying *only*, but does not contain any sayings of Imam Hassan or Hussein, yet they lived at Ali's time. Why did the compiler of Nahjul Balagha not include any sayings of the grandsons of the Prophet(p)?

ANSWER 2:

You have to see who compiled the book and why? Nahjul Balagha was compiled by Sayyid Razi, a famous Shi'a scholar of fourth century. He was a man of letters himself and a very talented poet. His purpose, in compiling Nahjul Balagha, was to select and compile those sayings of Imam 'Ali which attracted his attention from the points of view of eloquence and clarity of the language. Sayyid Razi did not intend to compile a book of hadith which means compiling the sayings in complete forms and also providing the sources of his collection. But the Sayyid does not do either: many sermons are incomplete; only those parts which seemed very appealing from the literary point of view found place in Nahjul Balagha. When a person compiles a book with this purpose and limitation, the question of why sermons of Imams Hasan and Husayn have not been included is irrelevant.

Sayings of Imam Hasan and his sermons are found in the historical accounts of his life; and those of Imam Husayn have been compiled in different books, e.g., Balaghatul Husayn.

Sayyid M. Rizvi

Najasat in the state of Janabat

QUESTION:

I have been going through the questions submitted earlier and saw a
question regarding Janaabat where it said that if a person touches
anything in the state of Janaabat it does not make it Najis as Janaabat
is a spiritual state and not a physical state.

For instance if I am najis from Janaabat and I wash the utensils or wash
clothes or bathe my son, does this mean that the Janabaat is not passed
on and the utensils etc are pak. I always thought that it makes all
things najis. Or is there a line between wet & dry ( that is
understandable).

Please advise.

I follow taqleed of Ayat. Seestani

ANSWER:

Like you say, Janabat is a spiritual state and only Najis-ul-Ayn things
spread Najasat when they come into contact with other things and
wetness. A Mujnib (Person in the state of Janabat) is not Najis-ul-Ayn

Wasalaam,

Mustafa

Namaaz / Salaat - Chadar

QUESTION:

Recently, I have begun to worry about my namaaz because all namaaz
chaadors, because, they are white, are abit see through. This means that
although I am covered fully, one is able to see through the chador at what
I am wearing. Does this matter when there are no na-mahrams around, or
when they are? What about all my previous sal'aats? Should I know find a
new chaador, and does the namaaz chaador necessarily have to be white.
Please answer soon as I am quite confused and concerned about this issue.

ANSWER:

The objective of wearing the Chador when reciting Namaz is to conceal the
figure. Although it is see-through since it is white, it is not as
transparent as, say, nylon or other materials.

The colour white is not a condition and all your prayers are Sahih. May the
Almighty accept them all - Amen.

With Salaams and Duas

Mustafa Jaffer

Namaz of Jumu'a - Salaat of Friday

QUESTION:

My concern is about juma'a prayer. I heard that if one misses the
juma'a prayer 3 times in a row, he receives a black stamp on his heart.
Brother, where I live there are no shi'a mosques and I have no choice but
to go to the Sunni mosque. I know that I cannot make the intention to pray
jama'at behind the imam leading the prayer. I just make the intention for
myself and say the required sura's and my own attahiyyetu after second
rakat. My concern is that would my juma'a prayer be accepted for such
reasons that the juma'a prayer's main purpose is to pray in congregation
making intention for all together or jama'at.

ANSWER:

One of the conditions in the obligation of Friday Prayer, if one's
Marja' considers it obligatory at all, is that there not be a distance of
more than 6.8 miles (two Farsakh) between one's home and the place of
Friday Prayer. Therefore, if you have to travel more than that distance to
attend the Friday Prayer led by a Shi'ah Imam, it is not obligatory for
you to attend and it cannot be held against you. If you join in the Friday
Prayer in a Sunni mosque praying with the intention of an individual in a
Jama'at, there would be the reward of praying in Jama'at, however, it will
not be counted as an obligatory Friday Prayer. Therefore, it would still
be necessary to pray Salatuz-Zuhr afterward.

Wa-Salaam,

Ali Rasheed

Namaz / Salaat of Shab

Question:

My question is about Namaz-e-Shab. Please inform me the time within which
Namaz-e-Shab can be offered, what are the prayers (to be offered) in
Namaz-e-Shab. I am in taqleed of Al-Sayyed Ali Seestani.

Answer:

In the name of the Almighty
"The time for Namaz-e-Shab is from midnight till Adhaan for Fajr prayers,
and it is better to offer it nearer the time of Fajr prayers." Mas'alah 781 Pg
151
Ay.Seestani's Resalah in English by WF. Also in his Mas'alah 782 on the same
page it is stated that " A traveller (i.e. one on a journey), and a person who
finds it difficult to offer Namaaz-e-Shab after midnight, can offer it before
midnight."

Namaz-e-shab is eight rakaats (four times two rakaats) followed by two
rakaat Namaz-e-Shaf' and thereafter one rakat Namaz-e-Witr making a total of
eleven rakaats.
The essence of the whole namaz-e-shab lies in the last two prayers, the
namaz-e-shaf and witr.
In namaz-e-witr (which is only one rakaat), there is a qunoot in which the
left hand is raised and the right hand used to hold the tasbeeh used for
keeping count of the dhikr to be recited. It is recommended that the
following be recited in the qunoot:
a) Laa ilaaha illallaahul Halimul Karim
Laa ilaaha illallaahul Aliyyul Azim
Subhaanallaahi Rabbus Samaawaatis Sab' wa Rabbul Arzinas Sab'
wa maa fihinna wa maa baynahunn wa Rabbul 'Arshil Azim
Wal Hamdul lillaahi Rabbil 'Aalamin
Wa swallallaahu 'Alaa Muhammadin wa Aalihit Taahirin.
b) Allaahummagh Firli.....(mention forty names of relatives and friends who you
want Allah to forgive)
c) Astaghfirullaaha Rabbi wa atubu Ilayh (70 times)
d) Haadhaa Maqaamul 'Aaidhi bika minannaari Yaa Rab (7 times)
e) Al-'Afwa (300 times)
and then complete the namaz in its normal way.

May the Almighty grant all of us the strength and tawfiq to recite this
prayer and may He accept the same.

Mustafa Jaffer

Namaz / Salaat Website / Material

QUESTION:

Do you know any site which has detailed namaz given in it, including the
Arabic verses!

ANSWER:

There is a very good site to be found at the following URL:

http://playandlearn.org/howsalat.htm

I also have an illustrated booklet called 'Al Salaat' which has pictures,
text in Arabic - translated and transliterated in English. If you want a
copy, please write to me at <IEB@tableegh.org.uk

With Salaams and Duas

Mustafa Jaffer

Namaz / Salaat - Fast for Baligh Girl

Question:

Does the Namaz and Fasting become wajib if a girl reaches the age of 9 years
but has still not got her menses.

Answer:

If a girl reaches the age of 9 then she attains the age of bulugh hence she
has to undertake all the prescribed wajibats regardless of whether she has
seen her menses or not.

Wasalaam,

Liyakatali

Namaz / Salaat of Tawaf besides Women

Question:

I was told by a momin that in Haram Namaz of tawaf can be offered
even when standing next to a lady . I belived him and prayed my all
namaz for all tawafs of hajj with out paying attention to this fact . I
remember that for tawafun nisa I had started namaz besides a lady , but
I had repeated it several times as precaution . So I am not sure the
last one I prayed was besides a lady who was already in namaz . Is my
hajj correct?

Answer:

Your Hajj is correct.

Asgharali M.M. Jaffer

Narrations of the Tragedy of Karbala

Questions:

Q1. Is the narration that Habib Ibn Mazahir had died when he was young and was
brought back to life to/for Imam Husayn (as) authentic and true.

ANSWER: I have not come across this narration in reliable works of
maqtal and It appears not to be accepted generally as authentic acccording to my
findings.

Q2. Why do we hear varying accounts of Kerbala on the minbars in relation to (a
the marriage and ta'weez of Qasim, (b) Zaynul 'Aabideen a.s. being younger than
'Ali al Akbar and (c) Prisoners of Karbala being kept in prison for a year in
Sham by Yazid.

ANSWER:

(a) This report of marriage of Qasim to one of the daughters of
Imam Husayn (a.s.) is suspicious and thus not vouched by the scholars.
This question was put to Ayatullah Khu'i and he responded that this
anecdote is not proven or established according to him. Thus, the
preachers have an obligation to exercise precaution and avoid relating
such weak narrations. This was the advise given by the late Ayat. Khui.

(b) Hadith reports were manufactured in wholesale and thus the scholars
have to scrutinize them, but there is no guarantee that they will come
to the same conclusion. We just have to learn to live with these
differences. From a practical point of view, does it really make a
gigantic difference to a believer's life on who was elder than the
other - i.e. between Imam Zayn-ul-Abidin (a.s.) and Ali Akbar (a.s.)?
These are marginal issues that should not consume the bulk of the
energy of the preacher.

(c) Based on reliable historical accounts, they were kept for only
a short while. This is what Shaykh Mufid writes in Kitab al-Irshad on
pp. 369-70: "Then he [Yazid] ordered the women to be lodged in a house
on (the) banks (of the river). With them (also he sent) their brother,
'Ali b. al-Husayn, peace be on them. (Later) a house was set aside for
them, which was attached to Yazid's own house. They resided (there) for
several days. (After a short time) he summoned al-Nu'man b. Bashir and
told himm to make preparations to take these women back to Medina."

Q3. How can the problem of unauthentic narations of Kerbala be dealt with.

ANSWER:

Through scrutinizing the narrations so that the authentic ones
can be sifted from the fabricated ones. There is a highly developed
science in this area of hadith. The problem arises from the zakir(a)/s
who are not properly trained and thus relate whatever they have read
or heard from other zakir(a)/s. Pretty soon, these reports receive wide
currency and become to be regarded as authentic reports. Take the
example of the marriage of Qasim (a.s.). Some of the reports that
are related from mimbar are blatantly false and invented to arouse
public emotion. This is certainly immoral and unethical.

Q4. Is it true that it does not matter whether these things are authentic
or not so long as these things make us cry and that telling the truth about
these things or not is outside the jurisdiction of the Shari'ah.

ANSWER:

Attributing false reports would constitute a lie (kidhb) and
a grave sin especially when it is done from the mimbar of the Prophet(S)
which should be a platform for transmitting authentic information.
To invent traditions under the pretense that it is done to induce
people to cry is treasonous. May Allah (s.w.t.) protect us all from
this sin. Ayatullah Khu'i's advise was that one should exercise caution
even when relating those things about which one is not sure, let alone
forging traditions. The problem is that, often at times, the preachers
slip and err because the audience demands such passionate statements.
If he/she does not cater to this demand, then no invitation will be
forthcoming in the future. We need to educate the audience so that they
do not lobby for such kind of majlises and explain to them the
philosophy of Kerbala in its true sense. Whenever you hear a report
that is suspicious or does not make sense, kindly approach the preacher
and ask him for his source. If this is done on a regular basis, all
preachers will avoid relating questionable and false narrations. Thus,
it is a symbiotic relationship between the preacher and the audience,
and the latter will have to play a more active role to bring about
reform and change.

wa bi-l-laahi-t-tawfiq,

Hamid Mavani

SOURCES: Books on Maqtal
Shaykh Mufid, Kital al-Irshad
Ayat. Khu'i, Masa'ilah wa rudud

Natural Stimulants

QUESTION:

With regards to caanabis resin and other such natural stimulants, are
they halal to smoke? If not what is the rationale? Are there any specific
clear sayings prohibiting it, or is it a prohibition by analogy to the
intoxication of alcohol?

Please answer as per Ayatollah Ruhani.

ANSWER:

The question asks for the answer per Ayatullah Ruhani's opinions;
unfortunately, I do not have the second volume of his Minhajus Salihiyn
which contains the rules on food and drink.

I do not think, however, that the fatwas of mujtahidin would differ on this
issue. If caanabis rasin and other natural stimulants are kind of drugs used
to "get high" and intoxicated, then definitely they are haram for the same
reason that alcohol is haram. The only difference is that alcohol is also
najis whereas these non-liquid intoxicating agents are pak --- but both are
haram.

Sayyid M. Rizvi

Nazr ( Vows )

QUESTION:

Salam Alaikum,

What is the concept of Manath (Nazr) in Islam?

Indians as I know do Manath (Nazr) on special occasions like they would
make an intention or promise that they will do so and so good dead if one
of their jayaz (allowed ) prayer is answered.

For example:

If my business grows I will celebrate the birthday of Fatima (A.S)
inviting people to listen to her virtues and her life.

I will feed the poor if I get a promotion.

Is this a widely common practice among Shia all over? Is it O.K.?

Some people who have not been absorbing hijab do a promise that they
will start observing hijab once such and such prayer is answered.

I have seen 2 people starting wearing hijab after their prayers were
answered ?

Thank you for all your help. May Allah keep you all in good health for all
the good work you all do. Amin.

ANSWER:

Wa-alaikum as-salam,

Nazr is permitted, rather mustahab in Islam. It is a very widely used
practice among all Muslims except for wahabis. Nazr is referenced in the
Qur'an in several occasions [for example],

They perform (their) vows, and they fear a Day whose evil flies far and
wide. [Sura al-Insan (76), verse 7]

The underlying condition is that Nazr should be for useful matters only.
It is not allowed to do Nazr for prohibited matters or acts.

As for women who make Nazr to wear hijab, they should know that they have
not accomplished any extra thing because hijab is wajib from the
beginning. Their Nazr should be to do extra deeds after adhering to
wearing Hijab.

In sha Allah this is clear.

Allah knows best.

Best Regards
Odeh A. Muhawesh

Nicotine Patch

QUESTION:

I have a question about the nicotene patch. Would it be haram to use
this patch during Ramadan instead of smoking?

ANSWER:
Use of Nicotine patch will not invalidate the fast

Asgharali M M Jaffer

Nikah - with various issues

QUESTION:

Can the man and women perform the Nikah just by themselves with nobody
else present?

ANSWER:

Yes, provided they fulfil the conditions of Nikah i.e. Parent's permission
where applicable, recitation in proper Arabic language, etc..

Question:

What must you agree upon before the nikah is valid .. e.g.bride gift,
divorce settlement, who has the right of divorce etc..

Answer:

Mahr (dowry or bride gift) has to be agreed upon before the Nikah is
started. Moreover, there can be any number of conditions put in by either
party as long as the condition does not contradict the very concept of
marriage like denying conjugal rights..
An interesting point I would like to make is that women, who normally are
not allowed to initiate a divorce, can do so if they mention it as a
condition before marriage. Other conditions like whether to stay with inlaws
or not etc etc can be clarified before the recitation of Nikah.

Question:

Why is the sunni marriage ceremony invalid. As my family are all sunni and
i am not be able to tell them i have converted to shit'e, I would most
probably have to have a sunni nikah - performed by a sunni imam - if it
were to be performed in front of them, is this therefore invalid and what
must i do .. perform another nikah in the shit'e method ??

Answer:

A Sunni marriage is not necessarily invalid. I do not know which sect you
are referring to, but if the Sunni marriage fulfils the conditions in the
recitation of the Nikah which are basically for the bride (or the bride's
rep) to say "ZAWWAJTU" (I have given myself in marriage) and the groom (or
his rep) to say "QABILTU" (I have accepted). As long as this format in the
recitation of Nikah is maintained, it is not necessary that this must be
recited by a Shiah.

However, if you are unsure of the whole process, then the recitation can be
done again by Shia Aalims (no witnesses necessary - not even the presence of
the bride and groom necessary)

Wallaahu A'alam

Mustafa

PS: Refer Al-Fiqh Alaa Mazahibal Khamsa by Sh Jawad Al-Mughniyyah Kitab Al-Nikah

Nikah - and matters relating to Fish

QUESTIONS:

Kindly provide answers to the following questions. The reply to my questions
should be based on the rulings of Ayatollah Syed Ali Seestani.

Q1. According to Jafari School of Fiqh, fish without scales are
haram to eat. If we are buying processed and packaged fish from
supermarket (K-mart) or buying Fillet-o-fish from Mcdonald
restaurant, it is not known whether the fish had scales or not. Is
it allowed to eat such fish when it is not known whether the fish had
scales or not ?

Salaamun 'Alaykum:

Answer: From the information I have, most of these types of fish do have
scales. However, it might be better to ask the store concerned so as to be
sure. Since most of the fish sold in the stores are either cod, haddock or
halibut all of which have scales, one may consume them unless one is sure
that they do not have scales, As a measure of precaution, it may be better
to ask the storeowner as suggested.

Q2. Kindly inform whether the nikah performed in the following cases
is valid or not :
(a) Nikah of a shia couple recited by a sunni hanafi aalim according
to hanafi school method.
(b) Nikah of a shia couple recited by a sunni hanafi aalim according
to the jafari school method.
(c) Nikah of a shia couple recited by the couple themselves.

Answer:

a) In nikah, it is not necessary that the person pronouncing the 'aqd be a
Shi'a. However, it is essential that the formula, if recited by a sunni
hanafi alim should be in correct Arabic. I mention this because according to
the sunni schools of law, the nikah can be recited in any language even if a
person can recite it in Arabic. Ayatullah Seestani, on the other hand,
states that the nikah can be recited in any other language ONLY IF THEY
CANNOT PRONOUNCE IT IN ARABIC. Also, if a sunni alim is reciting, then the
intention of insha (making it valid immediately) must be made and the words
of zawwajtu or ankahtu or words indicating an intention of making the
marriage effective immediately should be used. Similarly the words of
acceptance like qabiltu should be used. For other conditions e.g. sanity,
bulugh see Ayatullah Seestani's Islamic Laws pg. 438.

b) the same answer applies to this question; Provided the conditions
stipulated above are met, then the nikah can be recited by a sunni alim.

c) If the couple want to recite the nikah by themselves, apart from the
conditions stated above, they have to be sure that the formula is recited in
correct Arabic

Liyakatali

Nikah / Mut'a on Internet?

Question:

Can you perform the Mut'a formula over the Internet (e-mail) without actual
personal conversation and speaking to each other? How do you know who the
person really is? This will become an important issue as our brothers and
sisters start using the Internet more frequently; not just for Muta, but
Nikah, and other types of contractual agreements. One of the problems in the
Internet today is authentication and verification.

As well, it is difficult to tell if written materials in electronic form
have been changed, deleted, corrupted, or otherwised modified.

Answer:

The problem of authentication that you have mentioned is a reason why the
Mut'a or Nikah formula has to be uttered; tacit approval or written
agreements are not sufficient (See Agha Seestani's Islamic Laws, Masail 2372)

Wasalaam

Asgharali M M Jaffer

Non Alcoholic Beer

QUESTION:

What is the ruling on non-alcoholic beer? I have seen different
versions of the aforementioned, in some, as stated on the bottle, there is
about 5% alcohol, and in some, no alcohol (which according to them means
less than 1%). can we drink such a beer? I know that is has lots of
benefits and is good for body and organism, but the question is, does the
low rate of alcohol in it make them halal for muslims?!

ANSWER:

In The Name of The Most High;

As long as there is any trace of alcohol in any beverage, it is haraam to
drink.

Allah knows best

Abu Muhammad
Do good to others...

Non Mahram Men Listening to Ladies' discussion

Question:

I currently attend ladies' classes at my local Islamic Center where we
discuss Qur'an, Fiqh, Akhlaq, etc. These classes are both informative and
informal, and the ladies are quite relaxed and outspoken. I usually tape
record these sessions so I can review them through the week, since I usually
can't take notes fast enough in class. Recently, other ladies in the class
have asked me to give them copies of the tapes for one particular week or
another. A couple of them have mentioned that they want to let their
husbands listen because the discussions are so informative.

So, is this all right or not? I'm pretty sure if there were men present in
the class, the ladies would be much more reserved and some comments would go
unspoken. The candor and frankness we have in our classes comes precisely
from having an all-female group.

I'm afraid if I tell these ladies that their husbands should not listen to
the tapes, without knowing for sure what the Sharia says about it, I would
come off looking like I think I'm more pious than other people, or else it
might look as if I look down on them for suggesting something which is
haram. An answer on this issue from one of the 'aalims will allow me to do
what is right without looking like I just made it up myself.

I follow the taqlid of Ayatullah Seestani.

Answer:

There is no harm in men listening for the reason described.

Asgarali M M Jaffer

Non Muslim Touching The Qur'an

Question:

I don't know if you've already received it or not, but I sent a
question a couple days ago, concerning my teacher and his getting a Qur'an.
He is not Muslim, and we are going to start our unit on Islam in World
Geography, and he plans to show the Qur'an to all the students, to let them
touch and see it, even though they are not purified. I need someone's
insight on what to say to him, without embarrasing or ashaming him. Please
excuse me for being hasty, but he is going to start the unit in probably
two to three days from the date I sent this message (4/2/96), so please
respond soon.

Thank you, and may Allah help you in your decision for what I should do.

Answer:

Salaamun 'Alaykum,

Since your teacher wishes to show the Qur'an to students so that they can
have a better insight to and understanding of Islam, there is no harm for
them to touch the Qur'an. However, it is haram to give a copy of the Qur'an
to a kafir if you know it will be defiled or desecrated.

And Allah knows best

Liyakatali

Not Praying Salaa

QUESTION:

My husband is not praying. He is a 31 year old man,
who up until 3 months ago was a good practicing Muslim. I don't know what
is wrong with him, and I have tried many things to help him. I thought
InShaAllah that my example would be enough for him to see and follow..but
it is not. I even spoke to some of his friends and they talked to him, and
still nothing. I can see his whole attitude and behavior changed. He says
he has no time, or he is tired etc...
Please advise me as to what to do.

ANSWER:

Perhaps a meeting with an Alim will be helpfull. There may be some other
reasons, besides the ostensible ones, which bother him. An Alim will be
able to deal with those doubts or reasons efficiently.

Asgherali M M Jaffer

Nursing a baby in the state of Janabah

Question:

Is it ok to nurse a baby while mother is in the state of Jannaba (that is
when mother needs Ghusal Jannabat)?

Ayut. Khoi please.

Answer:

According to Ayatullah Khui, there is no objection to a mother nursing a
baby, if she is in the state of Janabat.