Definition of Bid’ah in Islam

May 3, 2018 by Admin Posted in All Q&A, Hadith, History, Theology Tagged Bid’ah, Kafir, Khalifah, Shia, Sunni

Question 273: Salam, My question is what is the definition of Fitna especially in modern world. Is there anything called Bidat e Hasana? What is the definition of Bid’ah in Islam?

Answer 273: Bid’ah literally means something new, as the Quran describes Allah (swt) as the originator of the heavens and the earth (بَدِيعُ السَّمَوتِ وَالاَرضِ)[1] (badi’ meaning originator and bid’ah are words of the same root) and in Islamic terms, means to relate to religion what isn’t part of religion.

There are two points regarding the description of bid’ah:

1- Bid’ah is a type of bringing about change in religion by adding or omitting something from it. Therefore, any type of change and newness that has nothing to do with religion and is considered something normal isn’t bid’ah. For instance, if a nation chooses a certain day as a day of celebration and joy, not with the intention of relating such matter to religion and saying that religion has asked for such a thing, it isn’t considered bid’ah, although it needs to be analyzed from other points of view to make sure that it isn’t haram for any other reasons (but it isn’t bid’ah).

One can conclude from this that many of the developments and innovations that take place in arts, sports, industry etc. have nothing to do with bid’ah and the only thing that needs to be determined about them is if they are halal or not, nothing more.

2- What is meant by something being new and of no previous record in Islam is for it to not have any accordance with any Islamic laws and in no way fit under any of its guidelines or not be considered an application and instance of an Islamic assertion or doctrine.[2]

In other words, if one says that a certain act is haram or wajib or mustahabb or makrooh, while nothing in religion can be found to justify and explain what relationship this act has with religion, it is bid’ah, or else it isn’t. According to this explanation, many of the doubts and questions that might come up on bid’ah for many can easily be solved and answered. For instance, a great deal of Muslims all over the world celebrate the birthday of the holy Prophet (pbuh) while some consider this act as bid’ah! But according to what we said, bid’ah doesn’t apply here because even if we assume that such an act hasn’t been encouraged (although we might be able to say it has been) by Islam, yet it fits under another category that we are sure that Islam has indeed encouraged and is one of the clear principles of our religion, which is the showing of love and affection to the Prophet (pbuh) and his household (as).

None of the different Islamic sects have ever doubted that bid’ah is extremely forbidden and haram. Naraqi, one of the great Shia scholars says: “There is a consensus by all Muslim nations that bid’ah is haram and its being haram is a clear Islamic principle.”[3] The biggest reason for bid’ah being haram are the many hadiths that can be claimed that they reach the level of tawatur (when a hadith has been narrated so much by many different narrators, in a way that one becomes sure that all of the narrators can’t be mistaken or lying and that the tradition is authentic) that both Shias and Sunnis have narrated saying: “Adding something to religion that has no previous record in religion is bid’ah and all bid’ah is misguidance and all misguidance is in the Hellfire.”[4]

Although all Islamic sects see bid’ah as haram, but since its essence isn’t completely clear, sometimes some groups and individuals have gone too far in confronting it and have accused other Muslims of being kafirs while such accusations are incorrect.

A certain group consider any form of worship that wasn’t practiced during the time of the Prophet (pbuh) or the khalifas as bid’ah and haram, and believe that one should stay away from these acts. For instance, a famous Hanbali scholar had announced theology haram and called it the root and cause of all bid’ahs and misguidance.[5] He writes that any inner knowledge that people claim they have that can’t be found in the Quran and tradition is bid’ah and no one has the right to act according to it and invite others to it. He calls upon all Muslims to return to the old religion that was in practice during the time of the first three khalifahs.[6]

These radical beliefs were strengthened in the theories of Ibn Teymiyyah and after him, by Muhammad ibn Abdil-Wahhab and ended in many Muslims being seen as innovators in religion and even mushriks (polygamists). Suleiman ibn Sahman al-Najdi, the grandson of Muhammad ibn Abdil-Wahhab, speaks of the common bid’ahs of the Muslims saying: “The four altars that are built in the mosques for each of the four Islamic sects (Hanafi, Hanbali, Shafe’i and Maleki), reciting the Quran with a high voice, sending blessings on the Prophet (pbuh) (salawat), reciting supplications and doxologies after the adhan and on the night of Friday, the nights of Ramadhan, the night of Eidul-Fitr and Eidul-Adha, gathering for birthdays and deaths of great religious individuals and singing songs on birthdays with a specific tone, mixing poems with sending blessings on the Prophet (pbuh) and Quranic recitation and reciting them after Tarawih prayers, holding dhikr beads for saying dhikr, raising one’s voice while saying the dhikr of لا اله الا الله during taking the dead for burial and while splashing water on their graves after burial, wearing long sufi like clothes, hanging swords and flags in Huseiniyyahs and other places where gatherings are held, beating on tambourines and other musical instruments that make the same sounds such as trumpets, repeating the great name of Allah and His other names etc. are all bid’ah.[7] These fanatical beliefs have caused the killing and massacre of Muslims all over the world.

In response to these extremist beliefs, we say that if we are to look at the laws of Islam like this, then we can no longer accept any change in Muslim lives. We would all have to pray using the same clothes worn during the advent of Islam, think of the same things that they would think of, and pay respect to our dead the same that they would. It is clear that this type of being religious is accepted by no Islamic scholar. All scholars, including Shia scholars have been against these overindulgences and have criticized them in their books.

Because of this, Shia scholars and some Sunni scholars, have divided bid’ah into two groups; haram and halal bid’ah. The author of Jawahir says that some scholars like Muhaqqiq and Sheikh Tusi say that bid’ah is of two types; haram and halal.[8] Shafe’I has been quoted saying that bid’ah is of two types; desirable and undesirable. Bid’ah that is in accordance with Islamic tradition is desirable, while bid’ah which against it is undesirable.[9]

The great Allamah Majlisi says: “In Islamic law, bid’ah refers to something innovated in religion after the demise of the Prophet (pbuh) (that one considers as a part of religion) and there is no general or specific law or principle that applies to it.”[10] Naraqi, also a great Shia scholar, accepts this viewpoint saying: “Bid’ah means for someone other than the Shari’ (the true legislator of Islamic law, being Allah) to falsely claim that something is part of religion without any religious proof or evidence. But if a certain act that hasn’t been specifically “legislated” by religion is done by someone not in way that shows that it is part of religion, it is no longer forbidden because of being bid’ah, although it might be haram because of another reason (but it surely isn’t bid’ah).[11] Shatebi, a Sunni faqih (fiqh expert), has the same viewpoint and says: “Bid’ah is a way in religion that has been added and has no base in Islamic law. But on the outside, it looks like it is part of Islamic law and is mistaken with it.”[12] Therefore, if a Muslim practices something new that isn’t part of religion without relating it to religion, and without doing it with the intention that it is part of religion, it is permissible.

[1] . Surah Baqarah, verse 117.

[2] . With the help of Manshure Aqa’ed of Ayatullah Subhani, pp. 219 and on.

[3] . Awa’idul-Ayyam, pp. 319, quoted by Dr. Yaqub Ali Burji in the weblog of religions and sects.

[4] . Biharul-Anwar, vol. 2, pg. 126. “کل محدثة بدعة و کل بدعة ضلالة و کل ضلالة في النار”.

[5] . Tabaqatul-Hanabilah, vol. 2, pp. 19,27, 34, 37 according to the site of The Islamic Encyclopedia.

[6] . Tabaqatul-Hanabilah, vol. 2, pg. 35, according to the quote of Dr. Yaqub Ali Burji in the weblog of religions and sects.

[7] . Majmu’atul-Tafsir of Ibn Teymiyyah, pg. 340, quoted by ibid.

[8] . Jawahirul-Kalam, vol. 11, pg. 300, quoted by ibid.

[9] . Fathul-Bari fi Sharh Sahihul-Bukhari, vol. 17, pg. 10, quoted by ibid.

[10] . Biharul-Anwar, vol. 74, pg. 202: “و البدعة في الشرع ماحدث بعد الرسول ]بماانه من الدين[ و لم يکن فيه نص علي الخصوص و لايکون داخلاً في بعض العمومات”.

[11] . Awa’idul-Ayyam,pg. 110, quoted by Dr. Yaqub Ali Burji in the weblog of religions and sects.

[12] . Al’I’tisam, Library of Maktabatul-Riyadh al-Hadithah, vol. 1, pg. 127 quoted by ibid.

Rules concerning playing Musical instruments

May 3, 2018 by Admin Posted in All Q&A, Islamic Laws, Music Tagged Entertainment, Ghinã, Halal, Haram, Music, Musical instruments, Playing, Song

Question 110: Assalamu Alaikum! What is the Shi’a stand on musical instruments, I started out as Sunni and was told I could not play them, thanks in advance for you time! Allahu Akabar!

Answer 110: In any given scenario, the obligation of a jurist lies not in dictating the ruling pertaining to a particular scenario, but rather providing a general ruling. After which, the general public is left with the responsibility of practically applying that ruling. Having said this, if a musical instrument isn’t exploited in a haraam manner, its use would not be considered haraam. The legitimacy in using these musical instruments lies in their method of application. In other words, when determining if using a musical instrument is halaal, one should consider the kind of music being played and the environment it is suited to. If the music played is becoming of immoral and corrupt gatherings, it would be deemed haraam. If this isn’t the case, such music would be considered halaal. Furthermore, it is possible for a particular instrument to have been considered at one time an instrument of haraam due to its common use in haraam gatherings. However, in another time, the same instrument may lose that characteristic of being a tool of haraam, and its use – along with the music created by it – would be considered halaal.

Sayyid Sistani (ha) says: music is an art that has spread far and wide during these days. Some varieties of this art are permissible while others are forbidden; therefore, it is permissible to listen to the first while it is forbidden to listen to the latter.

Music that is permissible is the music that does not entail entertainment in gatherings held for that purpose. Forbidden music is the music that is suitable for entertainment and amusement gatherings.

The expression “the music or the song that is suitable for entertainment and amusement gatherings” does not mean that the music or the song’s tune amuses the heart or changes the mental state because there is nothing wrong in it. The expression actually means that the person listening to the music or the song’s tune —especially if he is an expert in these matters— can distinguish that this tune is used in the entertainment and amusement gatherings or that it is similar to the tunes used therein. (See the question-answer section below.)

It is permissible to visit places where halãl music is being played, and it is permissible to listen to it as long as it is halãl.

It is permissible to visit public places where music is being played, even if it is suitable for entertainment and amusement gatherings, provided that one does not intentionally listen to it: for example, passengers on course, waiting areas for visitors, public parks, restaurants and cafes, etc —even if the music played there is suitable for entertainment and amusement gatherings— because there is no problem in hearing forbidden tunes without intending to listen to it.

It is permissible for adults as well as children to learn the art of halãl music in music schools or other places as long as their visits to such places do not have any negative effect on their proper upbringing.

Singing (al-ghinã’) is harãm: doing it, listening to it, or living of it. By “singing — al-ghinã’,” I mean an amusing statement expressed in the tunes that are suitable for those who provide entertainment and amusement.

It is not permissible to recite the Holy Qur’ãn, supplications (du‘ãs), and words of praise in tunes that are commensurate to entertainment and amusement gatherings.

Based on obligatory precaution, one must refrain from reciting other non-amusing statements, in poetry or prose, in that tune. (See the question-answer section below.)

The prohibition of intentionally listening and giving ear to harãm songs and music has beenmentioned in the holy tradition. The Messenger of Allãh (s.a.w.) said, “And the person with the [sin of] singing (al-ghinã’) will be raised [on the day of resurrection] blind, deaf and dumb. The person with [the sin of] adultery, of wood-wind, and of drum will also be raised in the same way.”[1]

He also said, “Whoever listens to the entertainment (song and music), lead will be melted inside his ear on the Day of Judgment.”[2] He also said, “Singing and music are enchantment for adultery.”[3] That is, it is a stepping stone or a way that leads to adultery. It is permissible for a woman to dance in front of her husband to please and arouse him. But it is not permissible for her to dance in front of other men; based on obligatory precaution, she must not dance in front of other women also. (See the question-answer section below.)

It is permissible to applaud in a marriage ceremony, religious gatherings, seminars, and other functions. This is equally permissible for women and men[4]. [5]

For further information in this regards, please read the following answer:

Index: Rules concerning music use in graduation party, answer 087.

[1] . As-Sayyid al-Khu’I, al-Masa’ilu ‘sh-Shar’iyya, vol. 2, p. 22.

[2] . Ibid.

[3] . Ibid, p. 23.

[4] . The official website of the office of Sayyid Sistani (ha), rules concerning Music, singing & dancing » General Rules.

[5] . Adopted from answer 087 (Index: Rules concerning music use in graduation party).

Rules concerning music use in graduation party

May 3, 2018 by Admin Posted in All Q&A, Islamic Laws, Music Tagged Ghinã, Graduation Party, Music, Mutrib, Song

Question 087: A/S. I want to have a graduation party for my 8th grade daughter iA. Only her school friends, which happen to be non-Muslim.

We don’t listen to music, obviously. But, I’m not sure how the kids will react to a no sound party. I heard that if you listen to music made from a computer, (like auto tune), AND u can’t tell the difference to what instrument is being used, it’s halal. Any suggestions or answers? Thanks in advance.

Answer 087: If music does not befit frivolous gatherings, then it is not haram. Otherwise, listening to songs and mutrib music which befits frivolous gatherings is haram, according to Ayatollah Sistani.

Btw, distinguishing whether or not a specific music such as rap music is a type of instance or applicability of haram or halal, is the responsibility of each person. Because, any individuals that have an even a concise understanding of music can differentiate between music that is mutrib and befits frivolous gatherings and music that is not like that. Therefore, even if revolutionary or war songs are mutrib and befit frivolous gathering then listening to that type of music will also be haram.[1]

It is permissible to visit places where halãl music is being played, and it is permissible to listen to it as long as it is halãl.

It is not permissible to recite the Holy Qur’ãn, supplications (du‘ãs), and words of praise in tunes that are commensurate to entertainment and amusement gatherings.

Based on obligatory precaution, one must refrain from reciting other non-amusing statements, in poetry or prose, in that tune. (See the question-answer section below.)

The prohibition of intentionally listening and giving ear to harãm songs and music has beenmentioned in the holy tradition. The Messenger of Allãh (s.a.w.) said, “And the person with the [sin of] singing (al-ghinã’) will be raised [on the day of resurrection] blind, deaf and dumb. The person with [the sin of] adultery, of wood-wind, and of drum will also be raised in the same way.”[2]

He also said, “Whoever listens to the entertainment (song and music), lead will be melted inside his ear on the Day of Judgment.”[3] He also said, “Singing and music are enchantment for adultery.”[4] That is, it is a stepping stone or a way that leads to adultery. It is permissible for a woman to dance in front of her husband to please and arouse him. But it is not permissible for her to dance in front of other men; based on obligatory precaution, she must not dance in front of other women also. (See the question-answer section below.)

It is permissible to applaud in a marriage ceremony, religious gatherings, seminars, and other functions. This is equally permissible for women and men.[5]

[1] . Seyyed Mojtaba Hoseini, Porsesha va Pasokha, pg. 169; Imam Khomeini, Al-Makasebul-Muharramah, vol. 1, pp. 198-224; Ali Hoseini, Al-Musiqi, pp.16-17; Tabrizi, Istifta’at, questions 10, 46, 47 and 1048; Fazel, Jame’ul-Masa’il, vol. 1, issues 974, 978 and 979.

[2] . As-Sayyid al-Khu’I, al-Masa’ilu ‘sh-Shar’iyya, vol. 2, p. 22.

[3] . Ibid.

[4] . Ibid, p. 23.

[5] . The official website of the office of Sayyid Sistani (ha), rules concerning Music, singing & dancing » General Rules.

Abu Hanifah Nuʿmān ibn Thābit ibn Zūṭā according to Shia

May 2, 2018 by Admin Posted in All Q&A, History Tagged Abu Hanifah, Bani Abbas, Bani Umayah, Hanafi, Imam Sadiq (as), Sahabah, Shia

Question 098: What is the Shia, or specifically Ithna Ashari, view on Abu Hanifa?

Answer 098: Nuʿmān ibn Thābit ibn Zūṭā ibn Marzubān, also known as Imam Abū Ḥanīfah was the founder of the Sunni Hanafi school of fiqh (Islamic jurisprudence). He is also considered a renowned Islamic scholar and personality by Zaydi Shia Muslims.

Abu Hanifah lived during the time of changing power from Bani Umayah to Bani Abbas and that’s why he perceived the two systems. The Umayyad and Abbasian persistently requested him to cooperate with them, but he refused cooperation with both, rather he was known as an opponent of their system. Due to his cooperation with the Alawiyan and because he loved the Ahlul Bayt (pbuth), he was imprisoned by Manssor Abbasi and finally killed in the jail by poison.

His devotion and love for the Ahlul bayt (pbuth) was more than a Shia lover. He had the same approaches in regards to Imamat and Islamic system as the Zaidyah approach. This means, while accepting the Rashidun Caliphate (al- Khulafā’ ar-Rāshidūn), he believed that Imam Ali (as) was prior to Uthman and believe in the Caliphate of Imam Hasan (as) after the Imam (as). He also believed that after Imam Hasan (as) the Caliphate belonged to Imam Ali’ (as) children.

He believed that the Imam must be selected through free election between Imam Ali’ (as) children. He didn’t believe in appointing the Imam by the text expressly stated by the Holy Prophet (pbuh).

Abu Hanifah didn’t accept the justice of the Sahabah (companions) entirely. In one hand, he tried to restrain exaggerators from cursing Rashidun Caliphate (al- Khulafā’ ar-Rāshidūn) and on the other hand, he suggested they have a moderate method, instead. In general, he wanted the Shiite and Sunni to modify their approaches concerning Caliphates, Ahlul Bayt (pbuth) and some other religious issues.

Due to the weak text and chain of transmission of those narrations that have been mentioned in some Shia and Sunni sources concerning the strained relationship between Abu Hanifah and Imams Baqir and Sadiq’ (pbuth) we cannot accept them. It seems these argument have been manipulated by some of the followers of the Imamiya and Hanafi sects. They have prejudicially bolded the scientific arguments between the Imams (pbuth) and Abu Hanifah and expressed it in an untrue way.

Thus, the approaches of contemporary Shia has been obtained by such manipulated stories, especially the Hanafiyan of Ahlul Sunna and Jimaat’ approach have been influenced by Bukhari’s method and approach mentioned in his Sahih.

In the end, his efforts of making compromise between Shia and Sunni proved the opposite of this case. This kind of effort exasperated those Hadithic Sunnis and then it caused a negative approach among the Shia society.

For further information in this regards, please refer to the following:

References: Khatib Baqdadi, History of Baqdad, Vol. 13, Pg. 330; Ibn Bazazi, Manaqib Abi Hanifah, Vol. 2, Pgs. 121-316 and 399; The Great Islamic encyclopedia, Vol. 5, Chapter “Abu Hanifah”, Pg. 381; Dahabi, Mizan al-Itedal, Vol. 2, Pg. 18; Yaqout Baghdadi, Mojam al-Odaba, Vol. 5, Pg. 242; Ibn Hajar Asqalani, Tahdib al-Tahdib, Vol. 3, Pg. 343; Ibid, Lisan al-Mizan, Vol. 6, Pg. 249; Rasool Jaafariyan, history of Shiite in Iran, Vol. 1, Pgs, 28-29; Muhammad Hussain Solaiman Alami Hayeri, encyclopedia, Vol. 8, Pg. 9; Abu Bakarr, Khilal, Al-Sunnah, Vol. 1, Pgs. 394-395; Dahabi, Mizan al-Itedal, Vol. 3, Pg. 352; Nashi Akbar, Masael al-Imamah, Pg. 66; Rasool Jafariyan, Ibid, Pg. 22; Rijal alKashi, Vol. 2, Pgs. 426-433; Bihar al-Anwar, Vol. 10, Pg. 74, Taghi al-Din Abdul Jaqader Hanafi, Tabaghat al-Suniyat Fi Tarajem al-Hanafiyah, Vol. 1, Pg. 139; Sheikh Mufid, al-Ikhtisas, Pg. 203; Ibid, al-Irshad, Pg. 160; Ibid, al-Amali, Pg. 73, Muvafaq Mekki, Manaqib Abi Hanifah, Vol. 2, Pg. 18;http://www.hawzah.net/…/جایگا…

Miss Sunni Imam in Ruku in congregational Prayer

April 26, 2018 by Admin Posted in All Q&A, Congregational Prayers, Islamic Laws, Rules of Prayer Tagged Congregational Prayer, Furada, Imam of Prayer, Mustahab, Prayer, Qunut, Rak'at, Ruku, Shia, Sunni

Question 270: assalam alaykum. when a shia is in a sunni jamaat prayer And lifts his hands for Qonoot in the second rakaat as they go for rokoo is it still considered as a jamaat prayer?

Answer 270: If you know that if you complete qunut, you will not be able to join the Imam in his Ruku, yet you purposely recite qunut, and miss the Imam in Ruku, your congregational prayer will be void, and should act accordingly to the rules of Furada prayers.

Otherwise, if you are sure that if you recite qunut you will not miss the Imam in Ruku, but when you recite qunut and miss the Imam in Ruku, your congregational prayer is in order.

As you know it is Mustahab that qunut be recited in all obligatory and Mustahab prayers before the Ruku of the second Rak’at. So, if you don’t recite it there would be no problem in it and your prayers would be in order.[1]

For further information in this regards, please refer to the following answer:

Index: Number of things which invalidate the prayer, answer 547.

Index: Qualification of an Imam of congregational prayers, answer 021.

Index: The differences and similarities between Shia and Sunni, answer 187.

Index: Offering prayer behind a Sunni Imam, answer 237.

(https://www.facebook.com/groups/AskShia/permalink/612343082250336/

[1] . The official website of the office of Sayyid Sistani (ha), obligatory acts relating to Namaz, issues 1452&1453; Tawzih al-Masael of maraja’, Vol. 1, issues 1117-1121.

Cut ties with family who constantly commit sins

April 25, 2018 by Admin Posted in All Q&A, Ethics and Mysticism, Hadith, Miscellaneous, Recommendation Tagged Alcohol, Amr bil Maroof, Arham, Communication, Family, Nahi Anil Munkar, Sin, Ties

Question 138: I am a Muslim who has a relative that is an admitted alcoholic. According to Ayatollah Sistani what are the laws about keeping a relationship with this relative in this state? Is it permissible to tell others that he is a medically documented alcoholic? What are my rights to him as he falls under the category of a sibling to one of my parents?

Answer 138: It is obligatory to temporarily cut ties with family who constantly commit sins and that pay no attention to what Allah (SWT), the Holy Prophet (PBUH) and the Infallible Imams (pbuth) have said. If discarding this relationship can possibly cause him to avoid committing sins. This is a type of al-amr bi-l-maʿrūf (bid what is right) wa-n-nahy ʿani-l-munkar (forbid what is bad). Otherwise, you are not allowed to do so.[1]

There is a hadith of Imam Zain al-A’bedeen (a.s) as He recommended His son Imam Baqir (as) to avoid establishing communication with those who commit sins and Islamic laws don’t make sense to them.[2]

However, he committed such sin, but try all your best to help him find the right path and leave drinking alcohol, if you can. Also, try not to abandon him and leave him in this situation where he stymied.

It is recommended to restrict your relationship with him in a way that you just say Salam to him and let him know why you make such decision.

Imam Baqir and Imam Sadiq (pbuth) said, “Maintaining good relations with the relatives (Arham) purifies the deeds, increases the wealth, prevents calamities, makes the accounting easy (on the Day of Judgment) and delays death.[3]

For further information, please read the following answer:

Index: Estrangement from people or being with them, answer 060.

[1] . Tawzih al-Masaiel of Maraja’, Vol. 2, Pg. 772, question 1058; Ibid, Vol. 1, Pg. 76.

[2] . Al-Kafi, Muhammad ibn Ya’qubal-Kulayni, Vol. 2, Pg. 376, H 7.

[3] . Usul al-Kāfī, vol. 2, pg.150 & 151.

Going for Hajj or Ziyarat of Imam Hussain or Imam Reza

April 24, 2018 by Admin Posted in All Q&A, Hadith, Imam Hussain as, Imam Reza as, Miscellaneous, Recommendation, The Fourteen Infallibles Tagged Hajj, Holy Shrine, Imam Hussain, Imam Reza, Mustahab, The Infallibles, Wajib, Ziyarat

Question 124: Has anyone heard that you have to go for Hajj before you go for ziyarat? Someone advised me of this and I’ve never heard it before. So, tell me sholud I Going for Hajj or Ziyarat of Imam Hussain or Imam Reza?

Answer 124: If a wajib hajj become obligatory upon you, you would have to go for Hajj, first. If you are dubious whether to go for Hajj or visit the holy shrine of the Infallibles Imams (pbuth) you are supposed to act based on the few traditions, as follows: Read More

A Shia woman cannot marry a Sunni man?

April 23, 2018 by Admin Posted in All Q&A, Islamic Laws, Marriage Tagged Ahlul Kitab, Marriage, Mutah, Non-Muslim, Permanent, Rashidah, Shia, Sunni, Temporary, Wali

Question 612: Salam, I am a sunni Muslim and married too, I am in love with one girl she is Ahle Tashi, can you tell me what is the process of doing Muta? Please keep in mind she doesn’t have father or any other Wali over here, she is alone living with her mother and sister. Please guide me.

Answer 612: Islam has introduced temporary and permanent marriage as the legitimate ways of fulfilling one’s needs and desires. Temporary marriage refers to the marriage of a man and woman who have no barriers for doing so. It takes place with the consent of both sides of the contract and a specified dowry and timeframe. According to Islam, the validity of temporary marriage is contingent upon certain criteria being met, namely getting the father’s (and in the case of not having a father, the paternal grandfather’s) consent if the girl is a virgin. If the girl isn’t a virgin and has lost her virginity through legitimate marriage, her father’s consent is no longer a condition, but if it has been lost as a result of shubhah intercourse (mistaken/confused/accidental intercourse) or illegitimate intercourse (adultery), it is a preferred precaution to get the father’s consent^[1] (although it still isn’t mandatory). Also, if a girl wants to get married (temporarily or permanently) and neither has a father nor a paternal grandfather, there will no longer be any need for permission from anyone else (regardless of whether she is a virgin or not).^[2]

Nevertheless, the marriage of a virgin girl who hasn’t reached rushd (the stage in which one can distinguish between good and bad and can tell what is to his/her benefit) without the permission of her father is void.”^[3]

Ayatollah Sistani (ha) says: If a woman is over thirty years of age, and still virgin, and she is not independent, it is obligatory on her to seek the permission of her guardian for marriage. Rather, even if she is independent, she must seek his consent, as a matter of compulsory precaution.[4]

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,^[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.

The viewpoints of Shia scholars regarding the marriage of Shias with Sunnis are as follows:

Ayatollah Fazel Lankarani (ra): The marriage of a Muslim woman with a Non-Muslim man is batil (void), the marriage of a Shia woman with a Sunni man is makruh, the marriage of a Muslim man with a Non-Muslim woman is also void unless the marriage is a temporary one (mutah), and the marriage of a Shia man with a Sunni woman is okay.

Ayatollah Bahjat (ra): Temporary marriage with the People of the Book (Ahlul-Kitab) is correct and as an obligatory precaution it isn’t permissible to perform the marriage contract of a Shia girl or woman and Sunni man.

Ayatollah Sistani (ha): Getting married to the People of the Book isn’t permissible as an obligatory precaution. On the other hand, it is okay to get married with Sunnis if there isn’t any fear of going astray and losing Shia beliefs as a result.

Ayatollah Makarem Shirazi (ha): It isn’t permissible for a Muslim to get married to a Non-Muslim, while it is okay for Shia men to get married to Sunni women, but taken into consideration that there are chances of going astray for Shia women getting married to Sunni men, such a marriage isn’t permissible.

Note: Marriage between Shias and some “Muslim” sects such as: The Ghulat, The Nasebis and The Khawarij, who falsely claim themselves Muslim, but in reality are Kafirs, isn’t permissible.

For further information in this regards, please refer to the following answer:

Index: Permanent or Temporary marriage of a married man without the permission of his wife, answer 565.

Index: Rules regarding temporary or permanent marriage with people of the book, answer 080.

Index: Premarital relation with non-Mahram is impermissible, answer 082.

Index: Looking at non-Mahram Body for Marriage, answer 611.

Index: A Shia Muslim woman cannot marry a non-Muslim man, answer 342.

Index: Essential Requirements of a Successful Marriage in Islam, answer 515.

Index: A Muslim Woman Cannot Marry a Non-Muslim Man, answer 576.

[1] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 459, issue 2377.

[2] Tawdihul-Masa’ele Maraje’, vol. 2, pg. 387, issue 2376.

[3] Question 1483 (website: 1530).

[4] . The official website of Sayyid Sistani (ha), Q&A: Permanent Marriage.

[5] Naser Makarem Shirazi (kharej fiqh lessons on nikah [marriage], academic year 1381-1382 on his official website); Seyyid Sadiq Rohani, Fiqhul-Sadeq, vol. 21, pg. 469, from the software of this book from the institute of Al-Imam Al-Rohani.

Rules of Transgender according to Shia

April 23, 2018 by Admin Posted in All Q&A, Islamic Laws, Miscellaneous Tagged Gender, Hermaphrodite, Man, Sex, Sexual, Transsexual, Woman

Question 381: A/S. One of my boss is transgender and she has locker in ladies locker room. I ve never seen her changing there but she does her makeup there. I usually change as fast as I can since I am very particular about changing in female locker room. My nightmare is what if I am changing and she walks in? What is the fiqh ruling in this situation? If I have no other choice, & im trying to change as quick as possible into uniform, is she still considered a male? What is the rules of Transgender according to Shia?

Answer 381: There are four types of people can be imagined for Transsexual people that each has special rules that has been explained in Islamic Laws. If you are not sure which type your boss is you are supposed to observe hijab in front of it. Otherwise, if you know that your boss is really a woman you would be allowed to change your clothes even in front of her. For further information, please refer to the detailed answer.

Most of Islamic laws are for men and women. In other word, some of rules are specialized for men and others for women. There is no doubt that most of people are men or women. The following are four types of sexuality can be imagined for the human being.

Transsexual: These types of people experience a gender identity in a way that they see themselves in a transition between being women or men. In other word, some men psychologically or mentally identify themselves as a woman and some women mentally as men. Although, they don’t have any deficiency or defect about their physiological body, but they are mentally and psychologically ill. They sometimes, don’t know which they are, women or men.

In response to a question that what is the criteria for such types of people about their sexuality? Are they considered as men or women? We can say that the basis on determining sexuality is its physical appearance. So, if they have male sexual organs, they would be men, however they mentally belong themselves to opposite gender. If they have female sexual organs they would be women, however they are mentally or intellectually men.

Rules concerning them: They have to observe hijab and other rules related to women if they have female sexual organs, however they are mentally men.

Note: We must observe the rules relating to woman or man if we encounter with them. E.g. we would be able to get married to such people after getting the confirmation of a physician who approved which are they women or man. If they are considered as women according to the doctor confirmation we can get married to them.

Hidden gender: Some people have hidden gender. This means that they have male sexual organs inside of his stomach, but apparently considered as women. And even they have long hair, breast, having no hair on face and generally looks like a woman.

According to scholars, the sexual criteria for such people is its real organs not apparent.

Therefore, if a person’s gender is hidden and one itself is aware of such circumstances, one has to observe Islamic laws according to its real gender (which is hidden). E.g. if they have male sexual organs inside of their body they are considered as men and then must act like men. Otherwise, they are women and have to act like woman. For instance, they have to observe hijab in front of non-mahram.[1]

After changing gender (Sex Reassignment Surgery): If one seek medical assistance and aligned its body in order to identify its sex or gender, has done such surgery and become a man or woman the sexual gender criteria would be determined after the surgery. For example, if it becomes man he must act like a man and observe rules relating to men.
Hermaphrodite (Khuntha): They are of two types: 1. Have both male and female sexual organs. 2. Have none of the both organs. The second type is known as Mamsooh.

According to physicians, the medical assistance can help them align their body with their identified sex or gender, including: Hormone replacement therapy, Sex reassignment therapies, mentally factors and sexual organs.

According to scholars, the criterion by which they can be determined as men or women is sexual gender. That’s why, there have been declared some signs in order to make sure which they are. For example, if one has both male and female sexual organs but urinate from one of the both it would be considered as the criterion. Therefore, if one urinates from male organs it would be considered as man.

There are other solutions have been explained in Islamic laws in order to identify their sex and gender as follows:

Urination (that just explained), overtaking urination of female or male canal, interrupted urine delay in male or female urination canal and finally to be cautious and act like men and women if the previous mentioned criterions didn’t work and observing the rules of men and women are not beyond their capacities.[2]

Conclusion: Since, you are not sure to which of the above mentioned types your boss belong, you are supposed to observe hijab as well as the other rules in this regards if you see it.

[1] . In this regards, refer to Mutahhari, Ahmad, Mustanad Tahrir al-Wasila (al-Masael al-Mustahdathah), Pgs. 191-192; Tahrir al-Wasila of Imam Khomeini (ra), Vol 2, Pg. 559, Q 2.

[2] For further information in this regards, please refer to Sadr, Sayyid Muhammad, Mawara al-Fiqh, Vol. 6, Pg. 135.

Observing Hijab in Muharram

April 22, 2018 by Admin Posted in All Q&A, Hijab, Islamic Laws, Muharram Tagged Azadari, Hijab, Mahram, Majlis, Modesty, Muharram, Non-Mahram, Ornaments

Question 286: One thing that am disagree and as am faild to justify my views against this, is unveild women coming in the jaloses of men in moharram and chehlam. As this called bepardgi which is not Mission e Imam Hussain as. At all. Please answer me regarding this issue. Thanks

Answer 286: The philosophy behind the hijab for woman in Islam is that she should cover her body in her associations with men ‘whom she is not related to according to the divine law’ (na-mahram) and that she does not flaunt and display herself.

The verses of the Holy Quran which refer to this issue affirm this and the edicts of the religious jurisprudents confirm it. The concept of hijab is to create a healthy environment in the family and society.

If we study hijab from a Quranic perspective, we will see that the Quran sorts out hijab into different kinds one of which is the modest covering of the body. In order to clarify the discussion, we will enumerate the different kinds of hijab from the perspective of the Holy Quran:

1) Modesty in looking as the Quran says: “Say to the believing men that they should lower their gaze and guard their modesty” and also, “And say to the believing women that they should lower their gaze and guard their modesty,”[1]

2) Hijab in utterance: Women have advised how to speak to strangers (males outside of their family): “O wives of the Prophet! you are not like any other of the women; If you will be on your guard, then be not soft in (your) speech, lest he in whose heart is a disease yearn; and speak a good word.”[2]

3) Hijab in conduct: Women have been guided how to conduct themselves when in front of strangers. They have been ordered not to attract strangers’ attention by showing their ornaments and beautifications: “…and that they should not strike their feet in order to draw attention to their hidden ornaments.” [3]

Note: It is necessary to mention that one of the main missions of Imam Hussain (as), by which he himself along with his followers and families have been killed by their enemies for, was to revive the pure Islam of the Holy Prophet (saws) by “Amr bil Maroof wa Nahi ‘anil Munkar,” which means recommending us the Maroof (lawful acts) and forbidding us the Munkar (unlawful acts). Hijab is an obligatory (wajib) act that a woman must observe, but mourning for Imam Hussain (as) is a recommended (mustahab) act. Therefore, they are supposed to mourn for Imam Hussain (as) if they have a proper hijab.
As a result, if a woman doesn’t observe her hijab deliberately and comes in the majlis of Imam Hussain (as) in this state, her azadari wouldn’t be considered as sahih.

For further information in this regards, please read the following answer:

Index: Philosophy of Hijab during prayer, answer 020.

Index: Hijab of Sayeda Fatima al-Zahra (sa), answer 492.

Index: Men and Women: Covering body in prayers, answer 594.

[1] . Al-Noor, 30: قُلْ لِلْمُؤْمِنِينَ يَغُضُّوا مِنْ أَبْصارِهِمْ،; Al-Noor, 31: قُلْ لِلْمُؤْمِناتِ يَغْضُضْنَ مِنْ أَبْصارِهِنَّ،.

[2] . Al-Ahzab, 32: فَلا تَخْضَعْنَ بِالْقَوْلِ فَيَطْمَعَ الَّذِي فِي قَلْبِهِ مَرَضٌ.

[3] . Al-Noor, 31 وَ لا يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ ما يُخْفِينَ مِنْ زِينَتِهِنَّ.

As you know it is Mustahab that qunut be recited in all obligatory and Mustahab prayers before the Ruku of the second Rak’at. So, if you don’t recite it there would be no problem in it and your prayers would be in order.[1]

Imam Baqir and Imam Sadiq (pbuth) said, “Maintaining good relations with the relatives (Arham) purifies the deeds, increases the wealth, prevents calamities, makes the accounting easy (on the Day of Judgment) and delays death.[3]

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.

As for the marriage of Shia men with Sunni women, there are different viewpoints on the issue in fiqh; the famous verdict being that it is permissible,^[5] especially when there are chances of the guidance of the woman to Shiism and the Ahlul-Bayt’s school of thought.