Alhassanain(p) Network for Heritage and Islamic Thought

Shia Scholars

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

The topic of the following discussion deals with the Shi’ite view of religious scholars. I will attempt to illuminate the differences and similarities between Sunni and Shi’a.

The Shi’a in matters of jurisprudence and legal effort to interpret new issues offer three alternatives to the believer:

First, IF the believer is competent and capable according to Islamic requirements to analyze the texts, then he can exert his own judicial effort to interpret the issue and abide by his own ruling.

Second, the concept of (Ihtiyat--Cautiousness) can be used. Ihtiyat really means that when in doubt, do that which is not doubtful. The Prophet (S) said: "Leave the one which makes you doubtful and prefer the alternative which does not cause you to be doubtful.”For example, in performing Ihtiyat, the believer might be faced with a scenario where he is traveling and he is not sure whether to shorten the prayer or not. He performs Ihtiyat, and prays the prayer as usual without shortening it.

Then he prays it shortened. This way, he has fulfilled the obligation no matter what the judicial opinion is. Keep in mind that Ihtiyat is only to be performed when you really donot n’t know what to do.

Third, the concept of (Taqleed--Imitating or Following) would be used. Taqleed is where a believer who is not qualified according to Islamic mandates to perform Ijtihad (the effort by scholars to interpret new issues) will follow what a learned scholar issues as permissible or prohibited. For example, I am qualified to render Islamic injunctions regarding issues that face every believer; moreover, I do not possess a high level of fluency in the Arabic language such that I can interpret the texts that deal with these issues.

As such, I follow a scholar and adhere to all that he says. The Scholar that a believer follows is a matter of choice, not compulsion. He cannot be less than a Mujtahid, however. Also it is necessary to follow a Mujtahid who is the most knowledgable among others and must be righteous in every aspect of the definition of righteousness, otherwise he should not be followed.

These qualifications should be investigated by the follower personally, or he/she can the opinon of two just and trsutfull person in order to know which Mujtahid is the most knowledgable (provided that he does not find two other just friends who tell him/her in the contrary of the first two). As a result people may follow different Mujtahids based on their investigations on the qualifications of Mujtahids.

Moreover, Mujtahid has to be alive when you decide to follow him. You cannot follow a dead scholar to begin with. However, if you follow a scholar and he dies after you have already decided to follow him, you may stay his follower with some conditions, but you must consult with the dead scholar’s Wakeel --Agent. Every Mujtahid in Shi’a has several agents in many countries to address the questions of his followers. Some scholars, however, are in the opinon that one can not continue with a dead Mujtahid.

Others say that one is allowed to continue to follow his previous Mujtahid if nothing new comes up or if he does not forget the fatwa of the dead Mujtahid. If you look carefully at this condition, you will see that people have to eventually choose a live Marja’ since confusing and debating issues will come up sooner or later , and this is what Marja’ for. It is important to understand that you cannot begin your Islamic life by following a dead scholar, but you can remain a follower of that scholar if he dies and you were one of his followers before his death and meet the above conditions.

The Prophet (S) said:

"Whosoever Allah (SWT) wishes to grant him a favorable bounty, He (SWT) will teach him the Fiqh (Deep-Rooted Religious Knowledge) of religion."

As such, being a scholar in religion and reaching the level of Ijtihad, thereby earning the title of Mujtahid, is NOT an easy task, nor is it achievable by every individual.

Now, for the Sunnis, they also acknowledge the concept of Taqleed, but they understand it differently. For the Sunnis, Taqleed is following any one of the Four Schools of thought -- Shafeea’i, Hanbali, Maliki, and Hanafi. If you follow one of these Mujtahids, who died more than 10 centuries ago, then you must adhere to their mandates which vary significantly in many issues. Some Sunnis will shop around and take from here and there.

The Sunnis also believe that the differences among the four schools of law are a mercy from Allah (SWT). Dr. Tijani narrates a story of a girl who loved a man, but her father refused to allow the marriage for some unknown reason. The girl, who was never married before and was 25 years of age, ran away with the man and got married. Her father, a Maliki Sunni, took her to court before a Qadi--Judge to arbitrate the matter. When the girl appeared, she said: "My father wants to force me into a marriage which I do not desire; and it is my right under the Hanafite school to choose my husband even though I have never been married before.”

The Qadi agreed with the girl and granted her her request to marry the man of her choice. The Judge, a personal friend of Dr. Tijani, told Dr. Tijani that as the girl’s father was leaving the court, he said: "That dog has become a Hanafite!!!”Moreover, the father has disowned his daughter as a result of that marriage.

Now, Dr. Tijani questions where is that mercy that the Sunnis claim when the Scholars are at different poles of an argument? We have seen, at least in the above true story, that due to the difference of opinion between Malik and Abu Haneefa, a daughter was disowned and insulted by her own father!

As we have seen, the difference between the Sunnis and Shi’a in relation to Taqleed is not that great. There are, however, a few differences: First, while the Sunnis will allow a believer to follow a dead scholar, at least initially, the Shi’a will not.

Second, the Mujtahid in the perspective of the Shi’a is also a legitimate ruler of the affairs of the Muslims. He is also a general agent of al- Mahdi. (As I mentioned before, there is no special agent from Imam Mahdi in this time. All Mujtahids are his general agent without being able to contact with him.) Mujtahid also receives the shares of Zakat (The Alms) and Khums (20% of excess wealth--I have also addressed this topic in a previous article.) from the believers and is in charge of distributing it and doing what he feels is necessary for the Ummah’s (Nation) best interest.

Given the above, it is most apparent that a Shi’ite scholar has far more power and influence than a regular Sunni scholar. The Sunnis have accused the Shi’a, on many occasions, of elevating these scholars to the level of spiritual leaders that have been appointed by Allah (SWT).

Needless to say, these scholars are not sinless or infallible, they are simple human beings who have passed the tests of belief and have reached an elevated spiritual stage of belief and learning that entitles them to be scholars who should be followed and obeyed. It is a given fact that you will blindly follow, for example, an individual with a Ph.D. in Computer Science at your early stages of learning how to program a computer. Why? Because he is more learned and experienced than you are. Is he a spiritual leader?

Of course not! He is simply a mentor and a person who is more qualified than you are at this stage. As such, you surrender to him in an effort to learn from his vast knowledge. Similarly, that’s how the Shi’a view their scholars. We do NOT consider them infalliables. They may make mistakes every now and then, but surely less than us.

It should be noted that for the Shi’a there are TWO stages to the concept of Taqleed or Following a scholar. The First stage was during the lives of the Twelve Imams, which lasted for approximately 350 years after the death of the Prophet (S). During these years, the believers followed the Imams themselves. After those 350 years, there began the period of the occultation of the final Imam, al-Mahdi (as). It is in this period that the Twelve Imams instructed the believers to follow the righteous scholars; that initiated the second stage of Taqleed.

As a final note, I would like to state my personal opinion about the Wahabis.

The Wahabis, on the other hand, which are situated primarily in Saudi Arabia, Qatar, and a few other places, have rejected the four schools of thought and any Ijtihad. They claim that they follow al-Salaf al-Saleh-- (The Righteous First Group). By that they are alluding to the companions.

Their reasoning is that the companions did not need a scholar, so they too don’t need one either. However, their sect is full of shortcomings. For example, they might make the above claims, but they don’t adhere to them.

They are followers of Muhammad Ibn Abdul al-Wahab, a so-called scholar that propagated his beliefs about 200 years ago. His motives were primarily political, and he is not a scholar by any stretch of the imagination.

Furthermore, all their teachings are based on Ibn Taymiyah’s interpretations. Ibn Taymiyah, in turn, had based all his teachings on those of Ibn Hanbal. Indeed, the Wahabis identify themselves as Hanbalis, not Wahabis, among strangers (people who they don’t trust yet.); but among themselves they admit to being Wahabis. As such, no matter how we look at it, the Wahabis are still followers of scholars, NOT the companions, as they claim. What’s more, the companions did not need a scholar because they had the Prophet (S) himself as a teacher; why would they need a scholar to teach them the religion when they enjoyed the company of the Vehicle of the Message himself (S)?

In conclusion, you have know seen how the Shi’a view the reality of an ever- changing life: they adpat to it by maintaining an open-minded approach, and by leaving the doors of Ijtihad (thee effort by scholars to interpret new issues) wide open to address new and perplexing issues that face the Ummah (Nation).

And you have seen how the Sunnis are still stuck in the 10th century trying to implement laws and regulations that are both outdated and obsolete. If Ijtihaad is forbidden, then why they allow it for their four Imams, but forbid it for the previous or later generations? Why just four schools?

It is this fact, among others, that should evoke a nerve of curiosity within you to question: Are the Shi’a really Kufar, given the above? Are they not the true followers of the Prophet Muhammad (S)? Does it not make sense to leave the door of Ijtihad open? Question and reflect, and remember that the Prophet (S) said: "Knowledge is a locked closet whose key is the Question!"

Wassalam.

The Rules of Modesty According to Five Islamic Schools of Law

By: ‘Allamah Muhammad Jawad Maghniyyah

بِسْمِ اللَّـهِ الرَّحْمَـٰنِ الرَّحِيمِ

This issue is one of those from which numerous bylaws are derived, such as those specifying the parts of one’s body that must be covered (‘awrah) and the parts of another person’s body which it is haram to look at, those relating to the difference between maharim (relatives through lineage or marriage with whom marriage is prohibited) and non-maharim persons in this regard, the difference in this regard due to sameness or difference of sex, the difference between looking and touching and similar rules which are discussed below.

1. Looking at One’s Own Body: The schools differ concerning covering of one’s ‘awrah (private parts) from one’s own view and whether it is haram for one to uncover one’s ‘awrah in privacy.

The Hanafis and the Hanbalis observe: In the same way that it is not permissible for a person to expose his ‘awrah in the presence of anyone for whom it is not permissible to look at it, it is not permissible for him to expose it when alone without necessity, as arises at the time or bathing or answering the call of nature.

The Malikis and Shafi’is say: It is not unlawful but reprehensible (makruh) to be bare without necessity.

The Imamis, state: It is neither haram nor makruh when no one else is looking at.

2. Woman and Her Maharim: The schools differ concerning the parts of the body a woman must cover in the presence of her maharim (except the husband) and Muslim women.(6) In other words, what constitutes the ‘awrah of a woman in the presence of Muslim women as well as her maharim, both through lineage and marriage?

The Hanafis and the Shafi’is say: It is wajib for her to cover the area between the navel and the knees in their presence.

The Malikis and the Hanbalis observe: She must cover the area between the navel and the knees in front of women, and in the presence of her maharim, her whole body except the head and the arms.

Most Imamis state: It is wajib for her to cover her rear and private parts in the presence of women and her maharim; to cover other parts as well is better though not wajib, except where there is a fear of sin.

3. Women and ‘stranger’: About the extent of the body to be covered by a woman in the presence of a ‘stranger’ (any male apart from the mahrim), the schools concur that it is wajib for her to cover her whole body except the face and hands (up to the wrists) in accordance with the verse 31 of Surat al-Nur:

...And reveal not their adornment save such as is outward; and let them cast their veils over their bosoms (Qur’an 24:31)

considering that ‘outward adornment’ (al-zeenah) implies the face and hands. The word ‘al-khimar’ (whose plural ‘khumur’ occurs in the verse) means the veil which covers the head, not the face, and the word ‘al-jayb’ (whose plural ‘juyub’ occurs in the verse) means the chest. The women have been commanded to put a covering on their heads and to lower it over their chests. As to verse 59 of Surat ‘Ahzab:

‘0 Prophet, say to your wives and daughters and the believing women that they draw their veils close to them..., (Qur’an 33:59)

the word ‘al-jilbab’ (whose plural jalabib occurs in the verse) means a veil covering the head; rather it is a shirt or garment.

4. Man’s ‘Awrah: The schools differ concerning the parts of man’s body which it is haram for others to see and for him to expose. The hanafis and the Hanbalis state: It is wajib for a male to cover the area between the navel and the knees before all except his wife. It is permissible for others, irrespective of their being men or women maharim or strangers, to look at the rest of his body when there is no fear of sin.

The Malikis and the Shafi’is say: There are two different situations for a male with respect to the extent he can expose his body:

the first, in the presence of men or those women who are his maharim; the second, in the presence of women who are not his maharim. In the former instance he is only supposed to cover the area between the waist and the knees, while in the latter it is, haram for a woman stranger to look at any

part of a man’s body. Though the Malikis exclude the face and the arms if looked at without any sensual motive, the Shafi’is do not permit any exception (al-Fiqh ‘ala al-madhahib al’arba’ah, vol. mabhath satr al-’awrah).

The Imamis differentiate between the parts of other person body which can be looked at and those parts of one’s own body which ought to be covered. They observe: It is wajib for a male to cover only his rear and private parts, though it is wajib for women who are not his maharim to abstain from looking at any part of his body except his head and hands (up to the wrist).

To summarize the Imami opinion, it is permissible for a male to view the body of other men and his female maharim except the rear and private parts provided no sensual motive is involved. Similarly, a woman can view the body of other woman and her male maharim excepting the rear and private parts provided no sensual motive is involved.

5. Children: Concerning the body of a child, the Hanbalis say: It is not prohibited to touch or look at the body of a child below seven years. It is not permissible to look at the rear and private parts of a male child between the age of 7 to 9 years, and for ‘strangers’ the whole body of a female child above the age of seven.

The Hanafis observe: No part of the body of a boy of four years and below is prohibited from being looked at. Above this age only his rear and private parts are prohibited from being looked at as long as sexual desire has not awakened in him. If he reaches the age of sexual desire, the rule applicable to adults will be applicable to him with respect to both the sexes.

The Malikis state: It is permissible for a woman to look at and touch the body of a boy below the age of eight years, and only look at it till the age of twelve. A boy above the age of twelve is considered similar to an adult. It is permissible for a man to look at and touch the body of girl below two years and eight months, and to look at, though not touch, till she reaches the age of four years.

According to the Shafi’is, the rules applicable to an adult apply to an adolescent male child. But if a child is below that age and is also incapable of describing what he sees, all parts of his body can be looked at. But if he can describe what he sees with a sexual interest, he will be considered similar to an adult. As to a girl below the age of adolescence, only if she has developed sexual appeal will she be considered similar to a full-grown woman, not otherwise, though it will be haram for anyone except someone who looks after her to look at her parts.

The Imamiyyah observe: It is wajib to cover one’s ‘awrah in front of a child of discriminating age, who can describe what he sees, though it is not wajib before the one who is incapable of doing so. That was regarding the covering of the body in the presence of a child, but with respect to looking at a child’s ‘awrah, al-Shaykh Ja’far in his book Kashf al-ghita’ states: It is not unwise to abstain from looking at the parts of a child below five years, though it is absolutely impermissible to look at them with a sexual interest.

From what I have been able to ascertain from the traditions of the Ahlul Bayt, the age limit for the permissibility of looking at the child’s ‘awrah is six years, not five.

6. Woman’s Voice: All the schools concur that listening to the voice of a woman is not prohibited, except where pleasure is involved or when there is a fear of sin. The (Imami) author of al-Jawahir, at the beginning of the chapter on marriage, has mentioned as his proof the continuing practice of Muslims belonging to different periods and regions, the sermons of Fatimah (sa) and her daughters, the innumerable instances of conversations of the wives of the Prophet (S) and the Imams, and also the holding of mourning and wedding ceremonies by women in the presence of men from early times, the conversations between opposite sexes while conducting transactions, as well as the Qur’anic verse (Be not complaisant (attractive) with your speech, 33:32), in which not speech itself but its complaisant manner has been prohibited.

8. The difference Between Looking and Touching: Every part that is permissible to touch, may be looked at, and every part that is haram to be looked at may not be touched. Here there is a general consent among the schools because touching involves greater pleasure than looking, and no leggiest of any school claims concomitance between the permissibility of looking and the permissibility of touching.

Hence though it is permissible for a man to look at a female stranger’s face or bands, it is not permissible for him to touch her except in an emergency such as for medical treatment or for rescuing her from drowning. The following tradition has been narrated from al-’Imam al-Sadiq (as) (Al-’Imam al-Sadiq (A) was asked:) "Can a man shake hands with a woman who is not his mahrim?”The Imam (A) replied: "No, unless there is cloth in between..”

The Hanafis exclude shaking hands with an old woman from prohibition. In the book of Ibn ‘Abidin (v1, p284) it is stated: It is not permissible to touch the hands or face of a young woman even with the assurance of absence of any sexual motive. As to an old woman who has no sexual appeal, there is nothing wrong in shaking hands with her with the assurance of absence of a sexual motive.

The Imamis and the Hanafis allow touching the body mahrim provided no sexual motive or pleasure is involved.

The Shafi’is prohibit touching even those parts of a mahram’s body which it is permissible to look at. It is even not permissible in their opinion for a person to touch the belly or back of his mother, pinch her ankles or beet or kiss her face. Similarly, it is not permissible for a person to ask his daughter or sister to press his legs.

9. The Difference Between Exposing and Looking at: The Imamis observe:

There is no concomitance between the permissibility of exposing the body and the permissibility of looking at it. Hence it is permissible in their opinion for a man to expose the whole of his body except his rear and private parts, while it is not permissible for a non-mahram woman to look at it. I have not found anyone expressing this opinion in the numerous books of the four Sunni schools.

10. Old Women: God Almighty says in the Qur’an:

"And such women as are past child-bearing and have no hope of marriage, it is no sin for them if they put off their clothes, so be it that they flaunt no ornament; but to abstain is better for them, and God is All-hearing, All- knowing.”(Qur’an 24:60)

This noble verse indicates that it is permissible for old women who have no desire for marriage due to their old age "to expose their face and a part of their hair and arms, and such other parts which aged women usually keep exposed. The traditions of the Ahlul Bayt (as) also point to the same, on condition that such exposure is not with the intent of display. Rather, it is to allow them to come out for fulfilling their needs, though it is better for them to keep themselves covered."(7)

This permission is with the assumption that it is not permissible to expose any of the above-mentioned parts of the body if there is fear of its leading to something haram, because a woman, regardless of her elderly age, may remain sexually attractive. Therefore, if there is any likelihood of that kind, the rule applicable to her will be the rule applicable to young women.

Islam is lenient with respect to elderly women and strict regarding young women. But in practice we observe the opposite of what the Qur’an has ordered. We see shamelessness and display of charms among some young women, while elderly women keep themselves covered and are reserved. So where God is strict, they are lenient, and where He is lenient, they are strict.

The Numbers that follow some of the words refer to notes that will appended in the coming issues in shaa Allah.