Some of these questions are related to personal life of the Muslims, some to social relations and some to the Islamic Governmental System and problems relating to it. The mujtahids have to find answers to these questions.
Some of the great Maraj’e (Supreme Religious Authorities) have set up Councils consisting of top mujtahids who are well aware of today’s problems. The main task of these Councils is to find out fiqhi solutions to the newly emerged problems affecting Muslims.
One such Council has been established by Ayatullahil Udhma, Syed Ali Khamene’i. The Council mainly handles those problems which have not been discussed by fiqh in the past or the issues which are new, the subject matter of which could hence not have been discussed by previous Ulama.
Naturally, finding a solution to such problems requires a lot of effort by the faqihs. It cannot be compared with discussion of old fiqhi issues.
First of all, a topic for discussion is selected. The topic can be suggested by Ayatullahil Udhma himself or referred by other Ulama or Governmental Authorities.
Members of the Council select someone from among themselves to carry out the research work necessary on the topic. In carrying out the research, the person selected by the Council consult experts of that particular field and/or invite them to explain details at the meeting of the Council.
He then submits a draft of his research which is circulated to all members of the Council. The Council members discuss the findings of the research in one or more sessions. If the researcher agrees with the criticisms or proposals of other members, he will make necessary corrections and prepare the final draft.
The research takes considerable time. Sometimes, the researcher comes across new problems. Sometimes, he has to respond to criticisms and evaluate proposals put forward by other members. He may also come across other problems whilst studying an issue. Hence, no time-limit can be fixed for him to submit his proposals.
The Council evaluates his findings on submission. If the researcher defends his findings successfully, it is approved otherwise he has to revise his findings.
Members of the Council understand the fiqhi principles involved and are well aware of the problems facing the Muslim society.
Ayatullahid Udhma attends and participates in the meetings of the Council. He, then, gives his fatwa on the issue.
Some of the issues researched and discussed by the Council established by Ayatullahi Udhma Syed Ali Khamene’I are:
Slaughtering of Animals by Machine;
Postmortems;
Ghusl of dead body with a machine;
Ghina (profane singing);
Iddah of a woman without a womb;
Women reciting Qur’an in presence of men;
Treatment of money Notes which lose their value due to inflation;
Indirect losses inflicted upon a victim by hospital charges;
Unemployment during hospitalisation;
Limitations of an Islamic Ruler in pardoning the punishment of a thief;
Owner’s use of his own property when it inflicts loss on others;
Jurisdiction of Islamic Government when personal and public affairs overlap;
Amount of diyah that a culprit should pay to a victim.
* Adapted from Message of Thaqalayn - Vol.2 Nos.3 & 4 Leader’s Council of Ifta: An Interview With Ayatullah Mu’min and Ayatullah Hashemi - published by Ahl al Bayt (A.S.) World Assembly, P.O. Box 15815-3516, Tehran (Iran).
Man Natural Affinity Woman
30:21
¯
Marriage
4:34, 24:32, 13:38, 25:74
¯
Coupling
2:187, 2:223, 53:45
¯
Fertilization
85:13, 75:37, 76:2, 23:13, 32:8
¯
Conception
86:6, 71:14, 22:15
¯
Fetal Processing
40:67, 16:14, 82:68, 23:12, 13:14, 22:5
¯
Embryo
6:152, 17:13, 111:6, 6:140, 82:6, 22:6, 22:5, 31:14
¯
BIRTH
32:9, 25:74, 18:46, 16:73, 54:49, 7:86
¯
Breast Feeding
2 Years
2:33, 31:14
¯
Weaning
46:15, 31:14, 11:6
¯
Physical and Mental Development
Crawling and Learning
87:2-3
Nursery
¯
Anatomical Development
76:28
¯
Primary Education
Development of Habits
¯
Prime Youth Age
22:5, 23:12-14
¯
Secondary Education
Puberty
Development of Skills
YOUTH AGE
40:67
Marriage
25:54, 4:3, 33:28
¯
University Education
Age of Reason
76:2-3
Age of Production
Intellectual Specialization & Reproduction
¯
OLD AGE
36:68
Climacteric-Senile Psychosis
Mental or Organic Disorder
36:68
DEATH
102:2, 3:145, 3:185, 4:78, 4:78, 3:491, 21:35, 14:24-26, 29:57
Purgatory
36:52
DAY OF JUDGMENT
77:38, 6:31, 23:15-16, 24:24
Paradise or Hell
77:38, 6:31, 23:15-16, 24 36:63, 25: 69,41:28 36:55-56, 57, 58
Infinite Life
2:25, 2:39, 2:81-82, 2:217
Evidently, performing Jumuah prayer is obligatory as a matter of choice. This means that, on a Friday, the mukallaf has the option of either performing Jumuah prayer according to the detail that will follow, or holding Dhuhr prayer. However, performing Jumuah prayer is preferable. If it was performed according to stipulations, it would make up for Dhuhr prayer". Minhajus Saliheen, p. 307.
"The time for holding Jumuah prayer is the start of zawaal of a Friday as urf have it. If it is not held during this time, performing Dhuhr prayer becomes a must". Al-Masaa’il, article 193.
"Does Jumuah Ghusl make up for wudhu?"
"Jumuah ghusl and similar ones have been proved through reliable sources to be mustahab. It is evident that they make up for wudhu". Al-Masaa’il, p.341.
On performing tamam prayer:
"Distance should be calculated from the point where a person is considered, according to urf, a traveller; it is the end of the bounds of the town, which may be the borough or neighbourhood in some very big cities". Al-Minhaj, p.891.
On sighting of the New Moon:
"Sighting of the new moon is ascertained by knowledge of the actual sighting or through solid news of such sighting, or some other means. Certainty can also be achieved through common knowledge. Amongst other sources of ascertaining the sighting of the new moon is the lapse of thirty days on Sha’ban’s crescent for the start of Ramadhan to be confirmed, or thirty days on the crescent of Ramadhan for the new moon of Shawwal to be confirmed [and so on]. Sighting can also be confirmed by the evidence of two witnesses of impeccable character (adl).
However, sighting of the new moon is not recognised by the evidence of women, or by the evidence of one just witness, even with oath, or by the words of astrologers. Neither by its absence after dawn dusk, so that it could be said that it belongs to a previous night, nor by the evidence of two just witnesses, if the evidence is not confined to their own sighting of the newly born moon. Sighting is not recognised too when it is seen before zawaal so that the day of sighting be from the ensuing month. The impression of a ring it may give, proving that it could belong to a previous night, cannot be accepted as well.
There is ishkal, rather objection, in ascertaining the birth of a new moon by a ruling from a judge, whose error cannot be verified, neither the error of his source. Of course, if his ruling or his evidence leads to certainty of sighting in the town and the like, it could be relied on". Al-Minhaj, p.335.
The sighting of the new moon in a town could make up for its sighting in another.
"Should the new moon be sighted in a town, it would suffice the sighting in another town, provided the two fall on the same horizon. That is, if the new moon was sighted in the first town, there would be a distinct possibility of sighting it in the second, barring any obstacles, such as clouds and high mountains". Al-Minhaj, article 1044.
On the Islamic dress code:
The permissibility of exposing the face and hands [of a woman] to people, other than her mehaarim (immediate relatives -according to a certain classification detailed in shari’a law)
"It is obligatory on the woman to cover her hair and the rest of her body, apart from the face and hands from people, other than her husband and other mehaarim, among the adults in general. Rather, she should cover herself from those who have not yet attained adulthood, if they were discerning, and their looking at her could result in sexual arousal. As for the face and hands, it is evident that it is permissible to expose them, except for fear of falling into a haraam act, or for the purpose of ensnaring man to look at haraam [objects]. In this case, exposing such parts of the body is haraam, even to mehaarim". Al-Masaa’il article 1021.
At Mecca, is it permissible for a woman to stand ahead of a man during prayer, which is not the case elsewhere?
Yes, it is permissible at times of crowdedness.
If it was known that cheeses imported from non-Muslim countries contain animal rennet (calf or goat) or animal enzyme, is it permissible to consume?
There is no harm in consuming the first two categories; and the third too, unless it is known that it was taken from an unslaughtered animal. Allah is All Knowing.
Is eating carp, prawns, and shell fish permissible?
No marine animal is halal, except fish that has scales, amongst which are prawns. As for other animals, other than fish, like carp as well as other kinds of fish that have no scales, it is not permissible to consume.
Will you throw some more light on the belief in oneness of God?
A.
The belief in the Unity of God is the foundation stone of Islam. This belief governs the religious faith, designs the social patterns and gives life to the moral codes.The first sentence of the Islam Kalimar, i.e. "There is no god except Allah", lead a Muslim throughout his life not only in the religious matters but in social behaviors also. "There is no God" shows a Muslim that nothing in the universe is the superior to him. It is observed in the Qur’an that "He it is who has created for you all that is in the earth." So a Muslim knows that nothing in this world is to be worshipped. Neither stones nor trees; neither animals nor human-beings; neither the Sun nor the Moon nor the Stars can be worshipped; because everything is created, and created for his benefit. When a Muslim, thus, has rejected every falsehood and every idea of nature-worship, idol-worship or human-worship, he is ready to believe in the positive truth of the Unity of God. Believing in a supreme being gives an aim to our life and provide a purpose for our actions. Had a man been left with the wrong impression that there was no God at all, his life would be aimless life is dangerous. So it is added that there is no god "except Allah". This sentence has a negative as well as a positive aspect. Both are instrumental in creating the belief that every man is equal to every other person. When nobody is superior, no body is inferior. Thus, the belief is the Unity of God promotes the sense of brotherhood, equality and equity which is another feature of Islam.
Q. 2: RESPECT FOR THE NAME OF ALLAH (SWT)
If I have written the Arabic name of God on a piece of paper, can I throw it away? Suppose this is in English, does the same rule apply? What about the names of the Ahlul-Bait?
A. It is haram to throw away the names of Allah or Ma’sumeen.
Such writings should either be burried, put in river or ocean or re-cycled. It makes no difference whether it is written in Arabic or in any other script. (Be careful about the stamps of Iran. Some stamps have Qur’anic verses written on them).
Q. 3: SIGNIFICANCE OF ‘ADL
What is the significance of ‘Adl?
A. ‘Adl means that Allah is just; He does not do injustice to any one. He has ordered us to do justice to our fellow creatures-but He Himself treats us not only with justice but with grace. He created us for His worship, in order that we may attain spiritual perfection through it. That spiritual perfection enables us to reach nearer to Allah.
For this purpose, He has given us freedom of will and choice. When we choose, by our own free will, the Straight Path (prescribed by Allah) we are assured in the next world of everlasting happiness and glory by Grace Allah.
Q. 4: MAN’S FREE WILL
In the above reply, you say that we, by our own free will, choose the path we proceed upon. But I have been told that Muslims believe in predestination - that our all good and bad actions are predestined by Allah. Please explain the reality to me.
A. We know by our instinct that there are some matters over which we have no authority, concerning which we have no choice, like birth, death, happiness, unhappiness, affluence, poverty: etc. Such matters (which we may call our conditions) are totally in God’s hands, although man has to fulfill his duties in that area too, at least in preliminary stages.
Also there are our "actions" which we instinctively known are done with our own will and choice, like speaking truth or lie, helping someone or refusing him help, etc.
Some Muslims think that man has no authority on this matter too. Others believe that man is totally independent in his actions and Allah has nothing to do with it.
But we, the Shi’a Ithna-’ashariyah, believe that man, in his actions, is neither compelled by Allah nor independent of Allah’s control; the reality lies in between these two extremes.
To explain this fully, I would like to give you an example written by our late Mujtahid, Ayatullah as-Sayyid Abdul Qasim al-Khoui. Suppose there is a man whose hand is totally paralyzed; he by himself cannot move even a finger. A doctor has fitted a device on his hand which, when activated by a remote-control, restores the hand to normal condition thus allowing the man the use of his hand in whatever way he likes. The doctor has kept the remote-control in his custody. He has switched that control on, and it is the man who decides whether to use his newly-found power and strength for good cause or evil; the doctor does not interfere although if he wanted he could switch it off. Now, the good or bad actions done by that person are not totally independent of the doctor. In the same way, we do whatever we do by our own free will and choice but the power to do so is given to us by Allah who may "switch it off" any time he pleases.