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Beating Wife / Getting married without permission of parents

Question 602: Salaam! I’m a 20 years girl married to a Shia (I’m Sunni). When I married him I was married to a Christian (I’m a revert). There was not a sheikh, no witnesses and no Wali for me. My family doesn’t know about marriage. What is the ruling on getting married without permission of parents? This man started to beat me every day. Is this marriage valid?

Answer 602: According to the Shia point of view, the baligh virgin girl who can distinguish between what is to her benefit and what isn’t, must get her father’s or paternal grandfather’s (in the case of not having a father) permission if she wants to get married. In the case of her father or paternal grandfather not being present in a way that she can’t get their permission, and her having the need of getting married, their permission will no longer be a condition. [1] The same goes for the woman who isn’t a virgin; she doesn’t need to get permission either, if her virginity was lost to a previous husband. In the case of her virginity being lost by a mistaken intercourse, or even adultery, it is a mustahabb precaution to get permission if possible (which means it is better, although it still isn’t a condition and isn’t wajib).[2]

Therefore, if you have already got married and your virginity was lost to the previous husband, you don’t need to get your parents’ permission. And if you recited the marriage contract your marriage with him (Shia man) is valid.

Note: There is no problem for a Shia man to marry a Sunni woman, but if he fears to be misguided by her, it is not permissible for him to do so. [3]

The necessity of wife’s obedience to her husband is restricted to conjugal matters and the husband does not have the right to force her to do the washing up, cleaning, cooking and the likes.

The problems concerning household chores should be solved through understanding, sincerity, cooperation, sacrifice and selflessness of both husband and wife. Therefore, the husband even does not have the right to reprimand or rebuke his wife for not doing these jobs what to speak of bullying and beating her.

The man should know that he has not brought home a maidservant or a slave woman; rather he has brought home a partner, colleague, friend and helper, one whom he can expect to be available for sexual pleasures only.

Therefore, beating is not the act that Islam has allowed it without any condition. However, we don’t know the reason which is behind why your husband beats you every day!

So, try all your best to understand each other by providing a situation and condition in which both of you can discuss about your marriage and even the reason which is behind beating you.

It should be noted that according to the teachings of Islam and the tradition of great role models of our religion the atmosphere shadowing over a marital life at home must be full of intimacy and friendship as opposed to selfishness, self-centeredness and arrogance. If a wife and husband are friends with each other, most of the issues which pose themselves as predicaments will be easily resolved.

But, if you have already discussed with him about such issues and he wouldn’t like to leave his bad actions and there is no logical and canonical reasons behind them, try to convince him visit a professional psychologist or an Islamic scholar.

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

Index: Permissibility of getting Divorce when your partner has lied, answer 295.

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

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

May your life be filled with health, joy, love and happiness!

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

[2]. Ibid, vol. 2, Pgs. 458-459.

[3]. Ayatullah Vahid, Minhajul-Salehin, vol.3, issue 1298; Ayatullah Tabrizi, Minhajul-Salehin, vol.2, issue 1298; Ayatulah Nouri, Istifta’at, vol.1, question 668; Ayatullah Safi, Hidayatul-Ibad, vol.2, Al-Qawl fil Kufr; Imam Khomeini, Tahrirul-Wasilah, vol.2, Al-Qawl fil Kufr, Ayatullah Khamenei (istifta’), question 16 and 143; Ayatullah Makarem, Istifta’at, vol.1, question 708; Ayatullah Sistani, Minhajul-Salehin, vol.2, issue 215; The office of Ayatullah Fazel and Ayatullah Bahjat (narrated by Porseman).

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Praying for non-Muslim Parents

Question 516: Can I as a Shia Muslim pray for my dead parent who is a non-Muslim? They were Ahl al-Kitab. If so, can you provide sources and scholarly opinions? Thank you.

Answer 516: We have already sent a similar question to the office of grand maraja’, whether it is permissible to solace to non-Muslims who have passed away and send salawat, recite surah al-Fatiha and pray for them?

Our maraja’ have different opinions about it. Some say, it is permissible if they have not fought Muslims on the account of Religion and have not driven us out of our Homeland. Others say, it is permissible to solace, though asking Allah, the Almighty for His forgiveness and pray for them is not permissible.

Ayatollah Khameneni: There is no problem in it per se if they have not fought Muslims on the account of Religion.

Ayatollah Sistani: It is impermissible to ask Allah, the Almighty for their forgiveness and pray for them.

Ayatollah Safi Golpayegani: Sending Salawat and praying to Allah (SWT) to forgive them are not permissible[1].

According to the verses of the Holy Quran, if those non-Muslim who have not fought Muslims on the account of Religion and have not driven us out of our Homeland, Allah (SWT), the Almighty does not forbid us from doing good and regarding justice to them. Therefore, we can visit their graves and ask Allah, the Almighty for His forgiveness and pray for them. However, Allah (SWT) forbids us only from having Friendship with those who fought us on the account of Religion and Drove us out of our homeland; and helped one another in driving us out; We are forbidden to have friendly Relation with them; and whoever among us does so, then he is regarded as One of the disbelievers. Because, in the Holy Quran Allah (SWT) says: “The Prophet and the faithful may not plead for the forgiveness of the polytheists, even if they should be [their] relatives, after it has become clear to them that they will be the inmates of hell”.[2]

It should be noted that the loss of a family member is a difficult challenge to overcome. However, one can overcome this situation by doing the following points:

A: Having patience: Patience is mans’ greatest friend in life.[3] Patience in the face of calamities is one type of patience.[4] The ahadith speak of a great reward for patience in such situations. To pay attention to its results and rewards which are mentioned in the Quran and ahadith is one of the ways to overcome a loss. We will mention some of these Quranic verses and ahadith below:

1- In the Quran, God says: “Peace be to you, for your patience.” How excellent is the reward of the [ultimate] abode!”[5] “We will surely test you with a measure of fear and hunger and a loss of wealth, lives, and fruits; and give good news to the patient. Those who, when an affliction visits them, say,” Indeed we belong to Allah, and to Him do we indeed return. It is they who receive the blessings of their Lord and [His] mercy, and it is they who are the [rightly] guided”[6]

2- Imam Ali says “Having patience when calamities strike stems from one’s wisdom.”[7]

“Amongst the treasures of belief is having patience when calamities befall one.”[8] “Having patience at the time of catastrophes elevates one to lofty spiritual levels.”[9]

B: We must understand that death will take place for all of us: “Every soul shall taste death. Then you shall be brought back to us.”[10] Because all creatures are manifestations of Go Godl’s existence and attributes and they have come from him, they will all go back to him “Indeed we belong to Allah, and to Him do we indeed return.”[11]

One of the results of having belief in God is that when catastrophes strike, a believer reminds himself of the above mentioned verse. The better and deeper one understands the truth mentioned in the verse, the easier he will be able to overcome such issues.

C: The ahadith have mentioned certain acts to be carried out for the dead. Some of them are wajib and some are mustahab. We will mention some examples of these ahadith below:

First: Paying charity; A man from the tribe of Bani Saedah came to the Prophet after his mother passed away and said: “My mother passed away during my absence. If I pay charity on behalf of her, will her soul be rewarded?” The Prophet replied: “Yes.”[12]

Second: Reciting Quran; The Prophet stated: “Whoever passes by a graveyard and recites surah Ikhlas eleven times and sends the reward for the dead, he will be rewarded by the number of people that are buried there.”[13]

Third: Doing good deeds; Imam Sadiq said: “The reward of charity, supplicating and good deeds will reach the dead as well as the one who carried them out.”[14] “Whenever a Muslim does good deeds on behalf of the dead, God will multiply his reward and also give the dead the reward of the good deed.”[15]

Fourth: Performing Wahshat prayer; It is mustahab to pray two raka’ats on the first night of burial.[16] The details of this prayer are mentioned in the law books of the maraji’.[17] Therefore, it is musthab to perform this prayer only on the first night and not all nights. For the other nights, one may perform other acts for his mother to send her the reward and make her soul calm and happy in the other world.

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

Index: Visiting non-Muslim graves and Praying for them, answer 103.

(https://www.facebook.com/groups/510247479126564/permalink/546002345551077/)

[1] . Adopted from answer 35827.

[2] Surah Mumtahina, verses 8 & 9;  Surah Tawbah, verse 113; Adopted from Index: Visiting non-Muslim graves and Praying for them.

[3] For further information, refer to the topic “Increasing Patience”, Question 8418 (site: 9091).

[4] Daylami, Shaykh Hasan, Irshad al-Qulub ila al-Sawab, vol. 1, p. 126, Sharif Radhiyy Press, Qum, first edition, 1412 AH.

[5] Ra’d:24.

[6] Baqarah:155-157.

[7] Tamimi Amidi, Abd al-Wahid ibn Muhammad, Ghurar al-Hikam wa Durar al-Kalim, p. 283, hadith 6299, Islamic Propagation Office Press, Qum, 1366 (solar).

[8] Ibid, p. 282, hadith 6298.

[9] Ibid, p. 262, hadith 6269.

[10] Ankabut:57 “كُلُّ نَفْسٍ ذائِقَةُ الْمَوْتِ ثُمَّ إِلَيْنا تُرْجَعُون”.

[11] Baqarah:156 “إِنَّا لِلَّهِ وَ إِنَّا إِلَيْهِ راجِعُونَ”.

[12] MullaHavish Aal Ghazi, Abd al-Qadir, Bayan al-Ma’ani, vol. 1, p. 203, Taraqi Press, Damascus, first edition, 1382 AH; Qurtubi, Muhammad ibn Ahmad, Al-Jami’ li Ahkam al-Quran, Nasir Khosro Press, Tehran, first edition, 1364 (solar).

[13] Majlisi, Muhammad Baqir, Bihar al-Anwar, vol. 10, p. 368, al-Wafa Institute, Beirut, 1404 AH.

[14] Amili, Shaykh Hurr, Wasa’il al-Shia, vol. 8, p. 279, Aal al-Bayt Institute, Qum, 1409 AH.

[15] Hilli, Ibn Fahd, Uddat al-Da’i, p. 146, Daar al-Kutub al-Islamiyy, Qum, 1407 AH.

[16] Amili (Kaf’ami), Ibrahim ibn Ali, Al-Misbah, p. 411, Daar al-Radhiyy Press, Qum, second edition, 1405 AH, Wasa’il al-Shia, vol. 8, p. 168.

[17] Musawi (Imam Khumayni), Sayyid Ruhullah, Tawdhih al-Masa’il, vol. 1, p. 348, researched/edited by: Sayyid Muhammad Husayn Bani Hashimi Khumayni, Islamic Publications Office, Qum, eighth edition, 1424 AH.

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Can an illegitimate child lead congregational prayer

Question 271: A man has been a student at Hawza for 2 years. He reverted in 2011. He has just found out that there might be a problem because his mother never married his father. I have heard, and so has he during his studies, that people cannot pray behind an Imam that is illegitimately born. He’s wondering if there is any point in continuing as a seminary student if people cannot pray behind him? Is it the position of Khamenei and the other Grand Marja that he cannot be an Mola/Sheikh because of this reason? Does his illegitimate birth not count against him because he’s a revert? What is your advice on his continuance in seminary. Can an illegitimate child lead congregational prayer?

 

Answer 271: Each country has its own special nikah. Islam has respected the law obtained in each country regarding marriage and never considered a child born by such nikah as illegitimate.[1]

If his parents did, according to the rights that were obtained in their country in this regards, their marriage would be considered as valid and he is not illegitimate.

If they didn’t know the rules concerning marriage rights, their child is not considered illegitimate too. It is said to be a child of doubtful nature.[2]

According to common law, if his parents’ relationship is not considered as adultery but, instead it is considered as nikah, their relationship would be valid and the man is not illegitimate as well.

In these previous cases the man can lead congregation prayer.[3]

Otherwise, if they didn’t respect their religious rights (such as Christian, Islam, etc.) and the child was born in this situation and they had committed adultery according to common law he is not able to lead congregation prayer, however he would be able to continue learning and studying Islamic sciences and other acts, which he is allowed to do.

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

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

[1] . Tahzibul Ahkam, Vol. 8, Pg. 29; Al-Tahzib, Vol. 7, Pg. 472, H 99, Wasael al-Shia, Pg. 588, H. 2.

[2] . Ameli, Baha al-Din Muhammad bin Hussain & Sawoji, Nidham bin Hussain, Jame’ Abbai  wa Takmil e an (its completion), annotated, researcher and editior: Mahallati Haeri, Sheikh Ali, Vol. 2, Pg. 280, Manshoorat al-Farahani Institution, Tehran, first edition.

[3] . Ale Usfoor al-Bahrani, al-Hussain bin Muhammad,  Sidad al-Ebad wa Rishad al-Ebad, Pg. 142, al-Mallati, Qom, first edition, 1421 A.H; Jawad, Miftah al-Kiramah fee Sharh e Qawaed al-Allamah, Vol. 10, Pg. 14, al-Nashr al-Islami al-Tabeah Lijama’at al-Modarresin Institution, Qom, first edition, 1419 A.H.

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Shibli Shumayyil Praised the Holy Prophet and Imam Ali (pbuth)

Question 538: Assalam o alikum. Sea of knowledge, I have important question from you, I listen the name of “Shibli Shumayyil”, I only just name that name of philosopher ,who was materialist but he attracted from ali a.s. Did Shibli Shumayyil Praised the Holy Prophet and Imam Ali (pbuth)?

Please tell about the biography or pic any some data about him please?

Answer 538: Shibli Shumayyil was a controversial Greek Catholic doctor, scientist, journalist, philosopher, poet, social reformer and polymath educated at the Syrian Protestant College in Beirut. He was born in Kafr Shima (Syria).

Shymayyil studied and taught medicine at the College, then traveled to Paris and Istanbul to complete his studies. He practiced medicine in Egypt for about ten years, and founded Al-Shifa Magazine in Cairo in the year 1886 in order to publicize medical advances.

In addition, he lived in the Europe for a short period of time then traveled to Egypt and settled in Alexandria, Tantar and finally in Cairo.

Shumayyil also wrote the program of the socialist party in Egypt. He was the foremost popularizer of Darwinism in the Arab World, considering science the hey to the secret of the universe. Apart from his works on Darwin’s theory of the Evolution, he published many articles on science, history, literature, criticism and politics; a work of Hippocrates; a treatise on the plague; a book on the urgent need for science and liberty in the Ottooman Empire (1895); a novel al-Hubb ‘ala al-fatra; ‘Human Society or Civilization’ that was published in 1885 in Al-Muqtataf, ‘The history of natural society’ (Tarikh al-ijtima al-tabi’i), ‘Physiology of groups’ (fisiologiyat al-ijtima’at). Shumyyil also translated Racin’e Iphigence, and wrote a play on Work War 1. [1]  It is said that Shumayyil had consciously adapted Ibn Khaldun to the intellectual framework of his time and had bent his concepts of society and political authority in significant ways.[2]

It is most noteworthy that although Shumayyil was a Christian and the Arab atheist, but he composed some poetry in praise of the Holy Prophet (PBUH) and Imam Ali (as).

Shumayyil said about Imam Ali (as): “The leader, Ali bin Abi Taleb, the greatest of the great, is the only exemplar that neither the East nor the West, has never seen the likes of, neither in the past nor the present.[3]

One of the good poetry he composed in praise of the Holy Prophet (PBUH) and Quran which is available in Arabic language is as follows:[4]

أنی و إن أک قد کفرت بدینه *** هل أکفرن بمحکم الآیات

أو ما حوت فی ناصع الألفاظ من *** حکم روادع للهوی وعظات

و شرائع لو أنهم عقلو بها *** ماقید العمران بالعادات

نعم المدبر و الحکیم و إنه *** رب الفصاحه مصطفی الکلمات

رجل الحجی رجل السیاسه والدها *** بطل حلیف النصر و الغارات

ببلاغه القرآن قد غلب النهی *** و بسیفه انهی علی الهامات

من دونه الأبطال من کل الوری *** من غائب أو حاضر أو آت

[1] . Haroun, G, Sibli Sumayyil, Une Pensee Evolutionniste arabe a l’epopue a’an-Nahda, Beirut (1985) which is available in French language;  Hourani, A., Arabic Thought in the liberal age, 1798-1939, London (1962), 248-53;  Encyclopedia of Arabic Literature, Volume 2, Pg. 716.

[2] . Muhammad Ridha Hakimi, Adabiyyat wa Ta’ahhud dar Islam, Pgs. 250-252.

[3] . George Gordaq, Sawtul-Adalah al-Insaniyyah, pg. 19 (quoted by the translation and commentary of the Nahjul-Balaghah, Jafari, Muhammad Taqi, vol. 1, pg. 171).

[4] . Muhammad Ridha Hakimi, Adabiyyat wa Ta’ahhud dar Islam, Pgs. 250-252.