The Life of Imam Muhammad ibn 'Ali al-Baqir (A.S)

The Life of Imam Muhammad ibn 'Ali al-Baqir (A.S)9%

The Life of Imam Muhammad ibn 'Ali al-Baqir (A.S) Author:
Translator: Jasim al-Rasheed
Publisher: Ansariyan Publications – Qum
Category: Imam al-Baqir
ISBN: 964-438-044-4

The Life of Imam Muhammad ibn 'Ali al-Baqir (A.S)
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The Life of Imam Muhammad ibn 'Ali al-Baqir (A.S)

The Life of Imam Muhammad ibn 'Ali al-Baqir (A.S)

Author:
Publisher: Ansariyan Publications – Qum
ISBN: 964-438-044-4
English

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CHAPTER IX: THE TIME OF IMAM AL-BAQIR

As for the talk about the time of Imam Abu Ja‘far (al-Baqir), peace be on him, and mentioning the most prominent events that occurred during it, they are numbered, according to modern studies, among methodical researches of which the researcher is in need. For studying a certain time has a strong effect on discovering the behavior of the person on whom the research is done, and on understanding his cultural and social qualities.

The time of Imam al-Baqir, peace be on him, was the most critical and sensitive of all the Islamic times. For many Islamic sects grew during it. They were among the most dangerous intellectual and social phenomena at that time. Besides the political parties attacked each other to the extent that they stopped Islam from spreading and deviated it from its way to another way without a ray of light and awareness.

However, we will talk about all the aspects of life at that time. We will leave none of them. That is as follows:

The Islamic Sects

At that time many Islamic sects grew. Some of them grew, as the researchers said, according to the command and support of the Umayyad government. There were several reasons for that. The most important one of them was that the Umayyad government wanted these sects to support it and to justify its attitude and its tendencies. We will briefly mention some of these sects. We will be honest to the truth as far as possible.

The Mu‘tazilites

The Mu‘tazilites played a dangerous role in the history of the intellectual and social life at that time. They left far-range effects on the intellectual Islamic life. Among them was the foundation of the ideological bases on which Sunni theology stood.[1] Cold Zihar thought that the Mu‘tazilites were the first to enter and maintain the rational tendency.[2] It is necessary for us to give a brief idea about the history of the Mu‘tazilites, their beliefs, and the attitude of Imam al-Baqir, peace be on him, towards their leaders.

The History of the Mu‘tazilites

Zahdi Jar Allah thought that the theological school of the Mu‘tazilites started in the beginning of the second history A. H. That was in the city of Basrah, which was the center of knowledge and literature in the Islamic state.[3] However, this school, as a political movement, was founded before this date. That was when the people pledged allegiance to Imam ‘Ali, the Commander of the Faithful, peace be on him. So, a group of people retired from pledging allegiance to him. Among them were Sa‘d b. Abï Waqqas, ‘Abd Allah b. ‘Umar, Usama b. Zayd, and Mohammed b. Muslima al-Ansari. Hence, they were called the Mu‘tazilites (the ones who retired from). They also did not support Imam ‘Ali in the Battle of the Camel and Siffïn. Moreover, al-Ahnaf b. Qays retired from the war. Then, he said to his people: “It is better for you to retire from the discord.”[4] Therefore, the Mu‘tazilites appeared as a political thought at that time. As for their theological school, it appeared in the last years of the first century A. H.

The Mu‘tazilites and Policy

The Mu‘tazilites had religious tendencies and theological methods. They supported the rule standing at those times. Their leaders supported the authorities and justified their political behavior. Though the leaders of the Mu‘tazilites affected asceticism and worship, they followed the governments standing at those times. The reason for that is that they adopted the Imamate of the mafdul (the less excellent). They said that it was permitted to prefer him to the fadil (the most excellent). They embraced this view to justify the caliphate of the Umayyads and the like, who assumed the leadership of government though there were persons more knowledgeable than them in the affairs of religion and the precepts of Islamic law. With that they obtained the absolute support and respect of the Umayyads. After the end of the Umayyad government, they joined the Abbasid government. Al-Mansur al-Dawaniqi turned away from the religious scholars. He was cruel towards them. He showed enmity towards them and knowledge. However, he admired ‘Amru b. ‘Ubayd, the spiritual leader of the Mu‘tazilites. The Abbasid kings also respected and honored Ahmed b. Abï Dawud, the second leader of the Mu‘tazilites. Concerning him al-Mu‘tasim said: “By Allah, we adorn with the like of this (Ahmed), rejoice at his nearness. He is loyal to us.”[5] Al-Mu‘tasim visited Ahmed when he became ill. But he visited none of his brothers and his relatives. When he was asked about his visit to Ahmed, he replied: “Of course, I visit this person. For he rewards me and thanks me. He has availed me in my religion and my world.”[6]

The Italian orientalist, Nilino, and the orientalist, Nisboh, thought that the start of the i‘tizal (retirement) was from a political origin.[7]

Ahmed Amïn said: “Surely, the boldness of the Mu‘tazilites in criticizing the men was a strong support for the Umayyads. For criticizing and analyzing the opponents and using reason in judgment for them or against them remove, at least, the thought of glorifying ‘Ali, which was spread among the masses of the people.”[8]

However, the Umayyad and the Abbasid governments respected and honored the Mu‘tazilites because of their support to them.

The Mu‘tazilites and the Christians

It is not logical to say that the beliefs of the Christians had an effect on the Mu‘tazilites, and that the beliefs of the Mu‘tazilites were similar to that of the Christians who followed Greek philosophy. Daybu believed in that. In this connection, he said: “There are separate proofs for that a group of the early Moslems, who believed in preference, studied under Christian teachers.”[9] Dr. Nu‘man al-Qadi inclined to that. In this respect, he said: “An Iraqi Christian was the first to talk about fate. The Christian became Moslem, and then he returned to his religion. Ma‘bid al-Jahni and Ghaylan al-Dimashqi learned from him.”[10] What Dr. al-Qadi has mentioned is not a proof for what he believed in. For the Imams of the members of the House (ahl al-Bayt), peace be on them, were the first to talk about fate. They explained it and supplied proof of what they believed in. Suppose that an Iraqi Christian was the first to speak about doom, this does not mean that the Christian had ideological effects on the Mu‘tazilites. To say the truth, the Christians had no effects on the religious and the philosophical views of the Mu‘tazilites.

The Fundamental Doctrines

As for the general ideological fundamentals in which the Mu‘tazilites believed, they were five basic fundamentals. Whoever adopted them was a Mu‘tazilite. Whoever denied one of them or increased them was not a Mu‘tazilite.[11] They are as follows:

1. Oneness of Allah.

The strongest one of the five principles, on which the Mu‘tazilites agreed, is tawhïd, or belief in the oneness and uniqueness of Allah. They said that Allah was not similar to His creatures. They thought Allah was neither body nor accident nor essence, and that neither time nor space encompassed him. They refused everything opposing the Oneness of Allah, the Exalted, and His eternity. They denied that Allah had attributes other than himself.[12] In this respect, they said: “The existence of eternal attributes outside the Self (of Allah) leads to the existence of an eternal thing other than Himself. This requires multiplicity. This is impossible for Him, the Exalted.”[13] Moreover, they interpreted the verses that shows apparently the incarnation of Allah. Among these verses is : “The hand of Allah is on their hands.” They simplified the explanation, and supplied wonderful reliable proofs of it.

2. Divine Justice

This is the second doctrine of the fundamental doctrines of their faith. It is Divine Justice. “Allah is not in the least unjust to the servants.” He does not wrong them. They had many theological studies about The justice of Allah, the Exalted. Among them are the negation of fate, proving the freedom, will, and preference of man. It is man who finds his acts according to his freedom and his preference. That is because Allah is just and beyond all injustices. Allah does not punish a person whom he forces to perform a certain act. For whoever forces a person to perform a certain act and punishes him is unjust. Hence, Allah is far above injustice. For He, the Exalted, said: “Allah is not in the least unjust to the servants.” “Allah does not wrong them.”

Therefore reward and punishment follow the act. They do not follow anything else.

In the Divine Justice, the Mu‘tazilites discussed the things that are rationally good or bad. The believed that Allah was just, and that He did only good things to His servants. This urged them to discuss the acts. In this connection, they asked: “Are the acts good in themselves? Or do they acquire their goodness and ugliness through an order from Allah?” They believed that goodness and ugliness were in the things themselves. The thing is not good through an order from Him. Rather, He ordered it to be performed for its goodness. Besides the thing is not ugly through an order from Him. Rather, he forbids it because of its ugliness. For this reason, the Mu‘tazilites glorified reason, and opened the way before its maturity and promotion, as some of the researchers said.[14]

3. Promise and Threat

This is the third doctrine of their fundamental doctrines. It means that Allah is truthful (in fulfilling) His promise and threat on the Day of

Judgment. Nothing will change His words. The people of the garden will be driven to the garden through their deeds. The people of the fire will be driven to the fire through their deeds, too. According to this, they denied the intercession (with Allah) for anybody on the Day of Resurrection.[15] Moreover, they denied the verses and the traditions about it.

4. Rank between two Ranks

This doctrine means that the person who commits the major sin is neither believer nor unbeliever. Rather, he is a sinner. Hence, they regarded transgression as a third independent rank from belief and unbelief. They regarded it between them. Wasil b. Ata' decided that when he said: “Belief is good qualities. When they come together, the person is called believer. It is the name of praise. The sinner has not gathered good qualities. He is not worthy of the name of praise. Therefore, he is neither believer nor unbeliever. That is because the shahada and all good deeds are found in him. There is no way to deny them. However, if he leaves the world and insists on the major sin without repentance, he will be among those who will be immortal in the fire.”[16] ‘Amru b. ‘Ubayd followed Wasil in that. Al-Hasan al-Basri also followed them in that. Noteworthy, he had insisted on that the person who committed a major sin was a sinner believer.[17]

5. Enjoining Good and Forbidding Evil

This is the fifth doctrine of their fundamental doctrines. They thought that it was incumbent on every Moslem to enjoin good and to forbid evil with the sword. They called that jihad (armed struggle). If they were unable to carry that out with the sword, they had to use other than it. They had no difference in resisting both the unbelievers and the sinners.[18] However, the Mu‘tazilites did not use this doctrine against the Umayyads who deviated from Islam and abased the Moslems and forced them to follow what they hated.

These are the fundamentals doctrines of the Mu‘tazilites. They have many important scientific branches. They have been mentioned in the theological books.

The Shï‘a and the Mu‘tazilites

Some orientalists said that the Shï‘a quoted many of their theological beliefs from the Mu‘tazilites, and that they constituted intellectual unity. Among them is Coldzihr, who said: “I‘tizal or retirement has been firmly established in the books of the Shï‘a till this day of ours. So, it is a grievous mistake, whether from the viewpoint of religious history or literary history, to say that no material trace has remained for i‘tizal or retirement after the decisive victory which the Ash‘arite beliefs won. The Shï‘a have many ideological books to which they resort and to follow their examples. They are standing proof that refutes this claim. We may regard the Shï‘ite ideological books as the books of the Mu‘tazilites.”[19]

Among those who held this view is Adam Mitiz, who said: “The Shï‘a had no private theological doctrine in the forth century A. H. Hence, they quoted the fundamentals and styles of theology from the Mu‘tazilites. Ibn Babawayh al-Qummi, the greatest Shï‘ite scholar in the forth century A. H., followed in his book ‘Ilal al-Sharaiy‘ the method of the Mu‘tazilites. As for

the faith and doctrine, the Shï‘a are the inheritors of the Mu‘tazilites.”[20] This view has no scientific originality. However, the Shï‘a have not relied on any Islamic sect. For the Imams of the members of the House (ahl al-Bayt), peace be on them, supplied them with rich abilities about theological studies and the like. They were the first to open the door to this science. Besides they were the foremost to discuss the researches of Divine oneness, and the like. For example, Nahjj al-Balagh of Imam ‘Ali, the Commander of the Faithful, peace be on him, is full of wonderful sermons that praise the Greatness of the Creator and consider Him too exalted for the attributes of creatures. Al-Sahïfa al-Sajjadiyah of the great Imam Zayn al-‘Abidïn, peace be on him, is rich in these researches. Many traditions were reported on the authority of the Imams of guidance, peace be on them. In the traditions, the Imam refuted atheists and the like. All that supplies proof that the Shï‘a were the first to study theology. So, how do they rely on the Mu‘tazilites? Shaykh al-Mufïd said: “No Shï‘ite theologian jurist has taken theology from the Mu‘tazilites.”[21]

Dr. ‘Urfan ‘Abd al-Hamïd said: “As for the scholars of the Shï‘a in the past and present, they denied the claim of quotation and imitation and refuted those who believed in them. In my opinion, that is natural logical and necessary matter for those who believe in the Imami doctrine, which says that the general skeleton of the Shï‘ite teachings stands on the traditions reported on the authority of the infallible Imam. So, the text of the doctrine requires dismissing every possibility of the outside effects. Rather, it denies them. For the Shï‘ite doctrine is an intellectual unity standing by itself and is taken from the teachings of the Imam.”[22]

Generally accepted Matters

The Shï‘a and the Mu‘tazilites agreed on some matters from the five fundamental doctrines such as Divine Justice. Imam Kashif al-Ghita' said: “What makes the Mu‘tazilites similar to the Shï‘a is their view: Among the attributes of Him, the Exalted, is justice which the Ash‘arites deny. On this stands the matter of rational goodness and ugliness in which the Imamis and the Mu‘tazilites believe, and which the Ash‘arites also deny. For this reason, the two parties are called the ‘adliyah (the ones who believe in Divine Justice).[23]

Generally unaccepted Matters

The Shï‘a disagreed radically with the Mu‘tazilites on many matters. The following is some of them:

1. The Imamate of the Mafdul

The Mu‘tazilites said that it was permitted to follow the Imamate of the mafdul (the less excellent) and to prefer him to the fadil (the most excellent). However, the Shï‘a refused that thoroughly, and regarded it as disobedience to thinking and deviation from the Koran, which refuses to make them equal. Allah, the Exalted, said: “Are those who know and those who do not know equal?” The Shï‘a think that all the crisis from which the community suffered resulted from preferring the mafdul (the less excellent) to the fadil (the most excellent). However, the Prophet, may Allah bless him and his family, nominated the best one of his family and his companions,

Imam ‘Ali, the Commander of the Faithful, peace be on him, to be his successor. He took the pledge of allegiance to him at Ghadïr Khum. However, the political ambitions moved the people to remove him from the caliphate and to nominate a person other than him. This led to bad effects on the community throughout history.

However, this sensitive point is among the basic differences between the Shï‘a and the Mu‘tazilites.

2. Intercession.

The Mu‘tazilites said that none of the friends of Allah had the right to intercede with him for any person. Allah will reward man due to his act. If his acts were good, he would get good. If they were evil, he would get evil. The intercession of anybody would not avail him. The Shï‘a opposed that. They thought that the friends of Allah, such as the pure Imams, will have the right to intercede with Allah on the Day of Judgment. That is to show their outstanding qualities and their excellent position with Allah. If they had no right to intercede with Allah, then what would distinguish them from other people on that day?

These are some of the differences between the Shï‘a and the Mu‘tazilites. Violent debates occurred between the leading figures of the Shï‘a and of the Mu‘tazilites.

Imam al-Baqir and the Leaders of the Mu‘tazilites

The main leaders of the Mu‘tazilites met Imam Abu Ja‘far (al-Baqir), peace be on him. They debated with him. They are as follows:

1. Al-Hasan al-Basri

Al-Hasan al-Basri went to Medina (Yathrib). He met Imam Abu Ja‘far (al-Baqir), peace be on him, and said to him:

- I have come to ask you about certain matters from the Book of Allah.

- Are you not the jurist of the people of Basrah?

- It may be said so.

- Is there a person in Basrah to learn from?

- No.

- Do all the people of Basrah learn from you?

- Yes.

- You have assumed a great affair. I have heard something concerning you. I do not know whether it is right or wrong.

- What is it?

- They said that you said: Allah created the servants and entrusted their affairs to them.

Al-Hasan al-Basri bowed his head. He was unable to answer the Imam. So, the Imam asked him:

Do you know him to whom Allah said in His Book: “You are safe.” Is there fear for him after the words from Him?

- No.

- I will present a verse for you. I will end addressing you. I think that you will give it another meaning. If you did that, you would destroy yourself and others.

- What is it?

- Do you know what Allah meant when he said: “And We made between them and the towns which We had blessed (other) towns to be easily seen, and We apportioned the journey therein: Travel through them nights and days, secure.”[24] I heard that you gave the people a legal opinion when you said: “It is Mecca.”

“Yes,” replied al-Hasan al-Basri.

The Imam supplied proof of explaining the verse. So, al-Hasan was unable to answer him. Then, the Imam prevented him from embracing authorization. He told him that authorization was invalid.[25]

2. Imam al-Baqir refuted al-Hasan

al-Basri.

‘Uthman al-‘Ama came to Imam Abu Ja‘far (al-Baqir), peace be on him, and said to him: [Al-Hasan al-Basri said:] “The fire will hurt the stomachs of the persons who conceal knowledge.” The Imam denied that and said: “Therefore, the believer of the family of Pharaoh will perish. Allah praised him for that. Knowledge has been concealed since Allah, the Great and Almighty, sent Noah. Let al-Hasan go to the right and left. By Allah, he will not find knowledge in anywhere except here.” He pointed to his holy chest.[26]

3. Imam al-Baqir and ‘Amru bin ‘Ubayd

‘Amru b. ‘Ubayd was the spiritual leader of the Mu‘tazilites. Al-Mansur al-Dawaniqi respected and honored him.[27] He came to visit Imam Abu Ja‘far (al-Baqir), peace be on him, to test him with questions. He said: “May I be your ransom, what is the meaning of the words of Him, the Exalted: Do not those who disbelieve realize that the heavens and the earth were rataq and We made them fitq?[28] What is this rataq and this fitq? “The heaven was rataq (means) that no rain came down from it,” answered Imam Abu Ja‘far, peace be on him, “and the earth was fitq (means) that no plants came out of it.”

‘Amru stopped. He could not find any opposition. He went away but then came back.

“May I be your ransom,” he said, “tell me of the words of Him, the Most High: On whomsoever My anger alights, he fall (to disaster.)[29] What is the anger of Allah?”

“The anger of Allah is His punishment,” replied Abu Ja‘far, peace be on him, “Whoever thinks that anything changes Allah is an unbeliever.”[30]

The Murji'a

The Murji'a appeared on the Islamic arena during Umayyad era. They played a dangerous role in formulating the political events at those times. They supported and defended the Umayyad government. It is necessary for us to give an outline about them and to explain the attitude of Imam Abu Ja‘far (al-Baqir), peace be on him, towards them. That is as follows:

1. The Meaning of the Murji'a

The researchers differed over the meaning of the Murji'a. For they differed over understanding the word from which the Murji'a was derived. The following is some of their views:

A. Some of them thought that the word murji'a was derived from the verb arja'a, which means he gives (someone) time and delays (him). They were called the Murji'a, for they postponed the affair of those who disagreed on the caliphate to the Day of Judgment. They did not judge any of them.[31]

B. Some of them thought that the Murji'a was derived from the verb arja'a, meaning hope. For they did not decide that the one who committed a major sin would be from the people of the fire or from the people of the garden. Rather, they postponed the decision concerning him to the Day of Judgment. With that they gave hope for forgiveness. In other words, they hoped that Allah would forgive every Moslem.[32]

C. It was said that they were called the Murji'a, for they thought that the heart and the tongue confirmed faith, and that they delayed act.[33] They thought that Allah would save the believers because of their hearty faith, though they did not pray and fast. With this they advanced faith and postponed act. Ahmed Amïn favored the first view.[34] Yankilson favored the second view.[35]

The Growth of the Murji'a

We firmly believe that the Umayyads ordered this sect to formed. Then they spread its beliefs among the people. For this sect regarded as legal the caliphate of the Umayyads. Meanwhile, it said that Allah would decide on the Day of Judgment the grievous events which the Umayyads made, and that no one had the right to criticize their acts.

The Murji'a was formed for political reasons. The main leaders of the Murji'a obeyed the Umayyad and the Abbasid kings. Al-Ma'mun said: “Al-Irja' or postponement is the religion of the kings.”[36] This sect did not oppose the ugly deeds of the Umayyad kings. So, it deviated from the true Islam.

Shawqi Dayf said: “The views of the Murji'a served the Umayyad house. The Shï‘a and other pious people thought that this house deviated from religion. So, they thought that the Moslems had to replace it with the ‘Alid House. The Murji'a disagreed with the Shï‘a on this opinion. For they did not want to prefer Moslem to Moslem. They did not want to judge any person with piety or without piety. It was enough for the Moslem to be Moslem. No one had the right to judge his act.[37]

Ukhudabakhsh said: “The Murji'a made an agreement with the Umayyad government for livelihood.”[38]

The Murji'a was among the hirelings of the ruling authorities at that time. They played a positive role in supporting the Umayyad and justifying its policy standing on oppression and tyranny.

The Shï‘a and the Murji'a

There was an intense disagreement between the Shï‘a and the Murji'a. For they differed over the succession after the Prophet, may Allah bless him and his family. The Shï‘a thought that Imam ‘Ali, the Commander of the Faithful, peace be on him, was the direct successor after the Prophet. Besides they thought that the Umayyad government was illegal, and that the Moslems had to destroy it. However, the Murji'a thought that the Umayyad government was legal, and that no one had the right to revolt against it.

There was a strong conflict between the two sects. For the Shï‘a vexed the Murji'a when they mentioned ‘Ali, peace be on him, in their clubs and assemblies. In this connection, a Shï‘ite poet said:

If you are pleased to see the Murji'a die with their illness before their death,

then renew mentioning ‘Ali's name before them, and bless the Prophet, and the members of his house.[39]

The Shï‘a criticized the Murji'a for preferring the caliphs to Imam ‘Ali, the Commander of the Faithful, peace be on him. They regarded them as narrow-minded.

Muharib b. Dithar al-Hadhli, main leader of the Murji'a, tried to refute the Shï‘a in a poem.[40] Mansur al-Nimri, a Shï‘ite poet, answered him in a poem, too.[41]

The Shï‘a criticized and mocked the Murji'a for postponing Imam ‘Ali, the Commander of the Faithful, peace be on him, and making equal between him and ‘Uthman and Mu‘awiya and the Kharijites. Al-Sayyid al-Himyari refuted their views in a poem.[42]

Grimar's Claims

Grimar thought that there were relationships between the principles of the Murji'a and the teachings of the eastern church. He tried to show that through the beliefs of the Murji'a, which said that the sinners would not be abiding in the fire. This is in what the fathers of the eastern church oppose the western church. He also thought the calm belief of the Murji'a agreed with the teachings Yohanna al-Dimashqi, who was busy doing religious studies when the Murji'a appeared, and who was very famous in the capital of the Umayyad caliphs. Moreover, Grimar underlined that the beliefs of the Murji'a had close ties with the religious philosophy of the eastern church.[43]

As for this view, it is very weak. For the theological studies prospered in early time in Islam. No study of them was taken from Christianity or the like. Dr. Yousif Khulayf said: “I think that the irja' or postponement, such as asceticism, was not Christian in growth and tendency. Rather, it was Islamic in growth and tendency. This does not mean that Christianity had no effect on it and supplied it with some of its trends. However, it has clear Islamic qualities.[44]

The Definition of Faith

The Murji'a believed that faith was certitude by the heart, and that words and deeds were not important. If man believed (in Allah) with his heart, then he was a believing Moslem. That did not depend on his prayers, his fasting, and his pilgrimage (to Mecca). These religious duties were not important. With that they opposed the Mu‘tazilites, who thought the one who committed a major sin was neither a believer nor unbeliever. Rather, he was in a rank between the two ranks. They also opposed the Kharijites, who said that the one who committed a major sin was an unbeliever. In this connection, these words of them are famous: “No sin harms belief. No obedience avails unbelief.”[45] So, they said that the Christians and the Jews were unbelievers. They took care of them and did not want to hurt their

feelings. For the Umayyad palace was full of the Christians and the Jews who occupied high offices in the Umayyad state.[46]

Imam al-Baqir and ‘Amru al-Masir

‘Amru b. Qays al-Masir believed in the irja' or postponement. He and a companions of his went to Imam Abu Ja‘far (al-Baqir), peace be on him. He said to the Imam: “We do not dismiss our followers from faith because of sins.” The Imam refuted his corrupt claims, saying: “O Son of Qays, Allah's Apostle, may Allah bless him and his family, said: ‘The believer does not commit fornication nor does he steal.’ You and you friend go wherever you wish.”[47] The Murji'a limited faith in this way that opposed the traditions reported on the authority of the Prophet, may Allah bless him and his family. For the person who believes in Allah and the hereafter does not commit fornication nor does he steal. Rather it is the unbeliever who commits such sins. Faith prevents the soul from committing sin. Therefore, whoever commits sins has no faith.

Abu Hanïfa and the Irja'

Some sources mentioned that Abu Hanïfa believed in the irja' or postponement, and that his religious school stood on it.[48] Mohammed b. ‘Amru said: [I heard Abu Mishir say:] “Abu Hanï was the head of the Murji'a.” ‘Amr b. Sumayd said: [I heard my grandfather say: I said to Abu Yousif:]

- Was Abu Hanï from the Murji'a?

- Yes.

- Was he a Jahami?

- Yes.

- Why did you keep silent?

- Abu Hanï was a teacher. We accepted his good words and left his ugly words.[49]

This accusation caused Abu Hanïfa many slanders. Some ruling circles launched a bitter slanderous campaign. However, we are not sure of such an accusation.

The Kharijites

The sect of Kharijites were one of the oldest revolutionary sects that appeared on the arena of the political life in Islam. It appeared when Mu‘awiya was defeated and was about to escape. Hence, he resorted to raising copies of the Koran asking Imam ‘Ali to use it as a referee. As the Kharijites had no political and social awareness they hurried to the Imam and asked him to accept that. The Imam told them that it was a military trick, that the Umayyads did not believe in the Koran, and that they did not respect Allah. However, the Kharijites disobeyed him. They unanimously agreed on that they would remove him or stop the war operations. Then they drew their swords in his face. Meanwhile, the vanguards of the Imam's army headed by the great commander, Malik al-Ashtar, was about to win victory and capture Mu‘awiya b. Abï Sufyan. So, a discord was about to occur among the army of the Imam. Thus, the Imam responded to them and ordered the battle to be stopped. Then, the document of arbitration was written between the two sides. Noteworthy, the document did not state that

‘Ali was the Commander of the Faithful. Afterwards, the stupid Kharijites understood that they followed a plain error, and that the Umayyads deceived them when they raised copies of the Koran. Hence, the refused the arbitration. They were so displeased with it that they asked the Imam to announce his repentance and to go on the battle. However, the Imam refused to accept this weak view from them. He was not ready to violate the truce and to announce his repentance. Rather, it was they who committed such a sin when they disobeyed the Imam and shouted: “No one has the right to rule except Allah.”

These words were their official motto. When Imam ‘Ali, peace be on him, heard these words, he said: “They are true words, but they want to achieve falsehood through them.” However, the rule was for the sword not for Allah. They illegally spread killing among the people. They also spread corruption in the earth. Imam ‘Ali spared no effort to convince them of their corrupt, but all his efforts were in vein. They insisted on aggression and error. The Imam was forced to fight against them. Thus, the Battle of al-Nahrwan took place. Most of the Kharijites were killed at that battle. Shame and dishonor accompanied them. Their blood was shed while they were in plain error. Moslems were indignant with them. The poets satirized them. Among them was al-Kumayt.[50]

Their blood was shed, for they fought against the truth and wanted to enliven falsehood. This is what Sayyid Hayder showed in his poems.[51]

Imam ‘Ali, the Commander of the Faithful, peace be on him, uprooted them at the Battle of al-Nahrwan. He killed their main leaders. However, some of them escaped. Hence, they began to proclaim their beliefs that summoned the people to mutiny against the standing rule. They led many bloody revolutions in the Islamic countries. Many people were killed during those revolutions. The historians have mentioned them in details.

Their Religious Views

The Kharijites stood alone in their views that deviated from Allah's book and the Sunna of his Prophet. The following is some of their views:

1. They regarded as unbelievers Imam ‘Ali, peace be on him, Mu‘awiya, the two arbitrators (‘Amru b. al-‘As and Abu Musa al-Ash‘ari), and the Companions of the Camel (‘A'isha, Talha, and al-Zubayr).

2. They regarded as unbelievers those who committed major sins. They decided that such sinners would be immortal in the fire.

3. They said that it was permitted for the non-Qurayshi persons to be caliphs. With that they opposed all the Sunnis who unanimously agreed on that the caliph should be from Quraysh. They (the Kharijites), said that the Imam should not be appointed through nomination and designation. With that they opposed the Shï‘a who believed in the nomination (of the Imam). Moreover, they said that it was possible for the world to remain without an Imam. If the world was in need of an Imam, then the slave, the free, the Egyptian, and the like had the right to be caliph.[52] They had other views the books of the sects and the like have mentioned them.

Imam al-Baqir and Nafi‘

Nafi‘ al-Azraq, one of the main leaders of the Kharijites, came to Imam Abu Ja‘far (al-Baqir), peace be on him, and questioned him about some religious matters. When he had finished his questions, the Imam said to him: “Say to these rebels (the Kharijites), with what did you regarded as lawful the separation from the Commander of the Faithful, peace be on him? Had you not shed your blood before him to obey him and to approach Allah through supporting him? They will say to you: He (Imam ‘Ali) had appointed an arbitrator in the religion of Allah. Say to them: Allah had also chosen two persons from his creatures (to be arbitrators). That was when He said: And if you fear a breach between the two (the man and the woman), then appoint an arbitrator from his family and an arbitrator from her family. If they both desire an agreement, Allah will effect harmony between them.[53] Allah's Apostle, may Allah bless him and his family, appointed Sa‘d b. Ma‘adh as an arbitrator between himself and the Banu Qurayza. So, Sa‘d decided between them according to the words of Allah, the Great and Almighty. Did you not know that the Commander of the Faithful ordered the two arbitrators to decide according to the Koran and not to exceed it? He stipulated that he should refuse the judgments contrary to the Koran. The Kharijites asked Imam ‘Ali: Whom have appointed as an arbitrator over you? He replied: I have not appointed a creature as an arbitrator (over me). Rather, I have appointed the Book of Allah as an arbitrator.”

Nafi‘ admired the words of Imam al-Baqir, peace be on him. Then he said: “I have never heard such words before. They are true, Allah willing.”[54]

Imam Abu Ja‘far (al-Baqir), peace be on him, had other debates with the Kharijites on The Oneness of Allah. We will mention them when we talk about the atheist views that invaded the Moslem countries at that time.

The Shï‘a

I want to be sincere to the truth when I will talk about the Shï‘a. I also want to be neutral when I will speak of their beliefs. For the Shï‘a has suffered until now from baseless accusations. That is as follows:

The Meaning of the Shï‘a

In Arabic the Shï‘a means the followers or the supporters. Then this name (the Shï‘a) has included all those who follow and support Imam ‘Ali, peace be on him, and the members of his house. So, this name concerned them.[55] Shaykh al-Mufïd said: “In Arabic, Shi‘ism means to follow and obey sincerely the followed one. Allah, the Great and Almighty said: The one who was of his followers (Shï‘a) asked him for help against the one who was of his enemies.[56] So, He distinguished between them according to following and enmity. The reason for Shi‘ism (following) to one of them is obedience as it is in this clear verse. When the definite article the is added to the word shï‘a, then the word refers to the followers of the Commander of the Faithful, the blessings of Allah be on him and his family.”[57]

The word Shï‘a refers to those who believe in the Imamate of the Commander of the Faithful and his succession after the Prophet, may Allah bless him and his family. They have unanimously agreed on that the

Prophet, may Allah bless him and his family, entrusted succession to the Commander of the Faithful, peace be on him.

The Beginning of Shi‘ism

We firmly believe that it was the Prophet, may Allah bless him and his family, who started Shi‘ism. That was when he addressed Imam ‘Ali, saying: “O ‘Ali, you and your followers (Shï‘a) will come to me very thirsty at the (sacred) waters (of Heaven).”[58]

Imam Kashif al-Ghita' said: “The leader of the Islamic law (the Prophet) was the first to plant the seed of Shi‘ism in the field of Islam. Namely the seed of Shi‘ism was put alongside the seed of Islam.”[59]

Al-Noubakhti said: “The Shï‘a was the first of the sects. It was the sect of ‘Ali b. Abï Talib. It was called the Shï‘a of ‘Ali at the time of the Prophet, may Allah bless him and his family, and after him. They (the Shï‘a) were known for their obedience to him and their belief in his Imamate.”[60]

Shaykh Mohammed al-Husayn al-Mudafar said: “Shi‘ism started on the day when the great savor, Mohammed, the blessing of Allah be on him, called at the top of his voice: There is no god but Allah. When these words of Him: Tell your close relatives, came down to the Prophet, he gathered the Banu Hashim and asked them: ‘Which of you will be my brother, my inheritor, my trustee, and my successor among you after me?’ None of them answered. So, the Prophet said: ‘This is my brother, my trustee, my helper, my inheritor, and my successor among you after me. Listen to him and obey him.’ The summons of the leader of the message to follow Abu al-Hasan (Imam ‘Ali) was side by side with the summons to the twofold testimony. Then Abu Dharr al-Ghifari was among the followers (Shï‘ites) of ‘Ali, peace be on him.”

In Khitat al-Sham[61] , Mohammed Kurd ‘Ali said: “A group of the main companions were known for their following ‘Ali at the time of Allah's Apostle. Among them was Salmam al-Farsi, who said: ‘We pledged allegiance to Allah's Apostle, may Allah bless him and his family, to be sincere to the Moslems and to follow and obey ‘Ali b. Abï Talib, peace be on him.’ Among them was Abu Sa‘ïd al-Khudari, who said: ‘He (the Prophet) ordered the people (to perform) five (duties). However, they performed four (duties), and left one (duty). When he was asked about the four (duties), he replied: (They are) the prayers, zakat (alms), fasting the month of Ramadan, and the pilgrimage (to Mecca).’ Then he was asked about the one (duty) which they left, he answered: (It was) the succession of ‘Ali b. Abï Talib (to authority).”[62]

Shi‘ism started at the time of the great Prophet, may Allah bless him and his family. Thus, it was he who put its fundamentals. That was when he nominated the Commander of the Faithful, peace be on him, as successor after him. There are many proofs for that. The following is some of them:

1. The Prophet, may Allah bless him and his family, was the leader of a message and summons. He came to free and save all the world. He spared no effort to carry out the message of his Lord. He plunged into fears. He was engaged in battles. He suffered from many persecutions from which no social reformer in the earth suffered. So, was it possible for him to leave the authorities in chaos after him? Was it possible for him to ignore the affairs

of the succession on which the fate of his community depended? Surely, the Prophet, may Allah bless him and his family, took care of the succession after him. Hence, he designated the Commander of the Faithful, peace be on him, as successor after him. With that he wanted to protected his community from division and discord. He wanted to preserve its interests. Moreover, he wanted his community to go on conveying his brilliant message to all the people.

2. The leadership of the community was in need of outstanding qualities. All these outstanding qualities came to gather in the Commander of the Faithful, peace be on him. He was the most knowledgeable of all the people in the affairs of the Islam message. He was the gate of the city of knowledge of the Prophet, may Allah bless him and his family. He was the most knowledgeable of the community in giving legal decisions. He was the most ascetic of all the people. For he renounced all the pleasures of life, and he divorced his world three times. Moreover, he was the most just of all the people. So, was it possible for the Prophet, may Allah bless him and his family, to ignore this Imam who had these outstanding qualities?

3. Many traditions were reported on the authority of the Prophet, may Allah bless him and his family, concerning the Commander of the Faithful, peace be on him. All the Moslems have narrated the traditions and underlined that they are authentic. Among these traditions are: the tradition of the grilled bird, the tradition of the house, the tradition of al-Ghadïr, the tradition of al-Thaqalayn, the tradition of the boat, and the like. All these traditions and the like have mentioned the outstanding qualities of Abu al-Husayn (Imam ‘Ali), peace be on him. Whoever considers carefully these traditions understands why the Prophet, may Allah bless him and his family, appointed the Commander of the Faithful, peace be on him, as successor after him.

4. Imam ‘Ali, peace be on him, refrained from pledging allegiance to Abu Bakr. The main Companions (of the Prophet) also refrained from pledging allegiance to him. Among them were Abu Dharr, ‘Ammar b. Yasir, Salman al-Farisi, Khalid b. Sa‘ïd, and the like. They told him that Imam ‘Ali was the worthier of him of the position of Allah's Apostle, may Allah bless him and his family. Khalid b. Sa‘ïd said to Imam ‘Ali: “We will pledge allegiance to you. By Allah, none of the people is worthier than you of the position of Mohammed.”[63]

Fatima the chaste, daughter of Allah's Apostle, may Allah bless him and his family, was indignant with Abu Bakr. That was when he occupied the office and position of the Commander of the Faithful, peace be on him. She made a famous speech. In the speech she summoned (the Moslems) to revolt against the government of Abu Bakr. For she, peace be on her, was sure of that her father appointed Imam ‘Ali, peace be on him, as successor after him. The historians said that Fatima asked Imam ‘Ali to bury her in the darkness of night, and that Abu Bakr and ‘Umar should not attend her funeral.

5. All the Moslem figures knew that Imam ‘Ali, peace be on him, was the testamentary trustee of the Prophet, may Allah bless him and his family. Among them were Khuzayma b. Thabit, the man with two testimonies, ‘Abd al-Rahman b. Ju‘ayl, ‘Abd Allah b. Abu Sufyan b. al-Harth b. ‘Abd al-Mutalib, Hijr b. ‘Adi al-Kindi, al-Ash‘ath b. Qays al-Kindi, al-Nu‘man b. ‘Ajlan, al-Fadl b. Abbas, and Hassan b. Thabit.[64]

The Fable of ‘Abd Allah b. Saba’

Some spiteful persons have attributed Shi‘ism to ‘Abd Allah b. Saba’. They said: “It was ‘Abd Allah b. Saba’ who founded Shi‘ism. He created its fundamentals and propagated them.” The following is some of them:

1. Al-Malti

Al-Malti was one of those who believed in this fable. He said: “‘Abd Allah b. Saba’ founded Shi‘ism.”[65] Moreover, he accused all the Shï‘ite sects of unbelief. However, he did not supply any proof of what he mentioned. Rather, he regarded his view as axiomatic. However, his view is among the views that have no importance in the scientific studies.

2. Al-Nashshar

Dr. al-Nashshar was one of those who harbored malice against the members of the House (ahl al-Bayt), peace be on them, and hated their followers. In this connection, he said: “The Jews were the real founders of the excessive Shï‘ite faith. Some of their scholars adopted Islam. Then they came to the Islamic world. They made use of removing ‘Ali from the caliphate through the idea of the infallible Imam or the seal of the trustees. Islamic belief books have unanimously agreed on that it was ‘Abd Allah b. Saba’, who was the first to summon (the people) to the idea of holiness which was ascribed to ‘Ali, was a Jew before Islam.” The Dr. added: “Surely, this idea did not appear at the time of Abu Bakr and ‘Umar. Rather, it appeared during the caliphate of ‘Uthman at the hand of ‘Abd Allah b. Saba’. It was among the hidden trends that intended to destroy the Islamic world.”[66]

3. Shaykh Abu Zahra

Shaykh Abu Zahra was among those who believed in this fable. In this respect he said: “The greatest tyrant, ‘Abd Allah b. Saba’, was the first to summon (the people) to believe in the authority and trusteeship of ‘Ali and the return of the Prophet, may Allah bless him and his family. The Shï‘ite doctrine grew during those discords.”[67]

These views are among the farces of human intellect. They have branded their owners with infamy. For they have slandered the greatest Islamic sect that take care of the rights of the persecuted, raise the banner of human dignity, and records laudable deeds for Islam and Moslems. Imam ‘Ali, the Commander of the Faithful, peace be on him, and the leading members of his children headed this sect. The main Moslem figures joined this sect. Among them were ‘Ammar b. Yasir, Abu Dharr, Salman al-Farsi, Hijr b. ‘Adï, and the like. They enlighten the intellectual life in Islam. So, why do the people accuse the Shï‘ite sect of that ‘Abd Allah b. Saba’ was the first to

form it? However, some researchers said that ‘Abd Allah b. Saba’ was a baseless, fabricated, imaginary person.[68]

One of the orientalists doubted intellectually the existence of ‘Abd Allah b. Saba’. Namely he doubted his effect on the Shï‘ite doctrine. In this connection he said: “However, the modern research has shown that this is an anticipation for the events and a picture with which it was acted in the past. The traditionalists of the second century A.H. imagined it from their prevailing circumstances and ideas at that time.”

After studying the sources critically, Filhauzin Fred Linder said: “The next generation fabricated the plot and the summons and ascribed them to ‘Abd Allah b. Saba’.”

Kaitani said: “The Arab scholar could not imagine such a plot with such thinking and organization. For, in 35 A. H., he was known for his tribal regime standing on the paternal authority. However, it reflects clearly the circumstances of the first Abbasid age.”[69]

Dr. Taha Husayn said: “The talk of ‘Abd Allah b. Saba’ was fabricated. It was created at the time when there were arguments between the Shï‘a and other Islamic sects. The opponents of the Shï‘ites wanted to insert a Jewish element in the fundamentals of this doctrine to plot against them (the Shï‘ites) and to defame them.”[70]

However, the fable of ‘Abd Allah b. Saba’ was fabricated to defame and slander the Shï‘a. Moreover, there is no relation between the Shï‘a and ‘Abd Allah b. Saba’ and the persons who deviated from the truth.

The Shï‘a and Excessiveness

The Shï‘a has been unjustly accused of excessiveness towards their Imams. However, they are innocent of this accusation. We must mention a brief talk about that.

The Meaning of Excessiveness

As for the meaning of excessiveness, it is that the pure Imams, peace be on them, are ascribed to divinity. Some of the excessive persons said that ‘Ali, peace be on him, was the son of Allah.

In satirizing them, Sayyid al-Himyari said:

(They) are the people who have gone too far in loving ‘Ali.

Woe unto them!

They say: He (‘Ali) is the son of Allah. Great is our Creator.

He has neither son nor father.[71]

.Al-Mufïd b. Sa‘ïd said to Imam Abu Ja‘far (al-Baqir), peace be on him, “Confess that you know the unseen so that I might come to you to Iraq.” However, the Imam, peace be on him, scolded and dismissed him. Then, al-Mufïd went to Imam Ja‘far al-Sadiq, peace be on him, and said to him as he said to his father. Hence, the Imam said: “I seek protection in Allah.”[72]

The Shï‘a have renounced the Excessive

The Shï‘a have denounced the excessive. They do not numbered them from the Moslem sects. They regard them as unbelievers. It was reported on the authority of Imam al-Sadiq, peace be on him, who said to Razzam: “Say to the excessive ones: Turn to Allah in repentance. For you are sinners, unbelievers, and polytheists.” Concerning ‘Abd Allah b. Saba’, he, peace be

on him, said: “May Allah curse ‘Abd Allah b. Saba’. He accused the Commander of the Faithful of divinity. By Allah, the Commander of the Faithful worshipped Allah willingly. Woe unto those who ascribe fabrications to us. When I mention ‘Abd Allah b. Saba’, every hair in my body stands. He said a great affair. What is wrong with him. May Allah curse him. By Allah ‘Ali was a righteous servant. He did not get the dignity from Allah but through the obedience to Allah and His Apostle. Allah's Apostle, may Allah bless him and his family, did not get the dignity from Allah but through the obedience to Him.”[73]

Kathïr al-Nawa said: [I heard Abu Ja‘far (al-Baqir), peace be on him, say:] “Allah and His Apostle have renounced al-Mughïra b. Sa‘ïd and Banan b. Sam‘an. For they have ascribed fabrications to us, the ahl al-Bayt.”[74]

The Shï‘ite jurists have unanimously agreed on that the excessive are impure. They treat them as they treat the unbelievers. For example, the Moslem woman is not permitted to marry from them and the Moslem man is not permitted to marry from them.

Imam Shaykh Mohammed al-Husayn Al Kashif al-Ghita' said: “As for the Shï‘a, they renounce those sects.”

As for the Imami Shï‘ites in Afghanistan, Iran, Iraq, India, Syria, and the like, they regard the excessive as unbelievers.

The Shï‘ite View concerning the Imams

As for the Shï‘ite view of the Imams, peace be on them, it is moderate. There is neither extremism nor excessiveness in love for them. The Shï‘a believe that the Imams are the honored servants of Allah. They say nothing contrary to Allah's words. They act according His orders. They are the people of the remembrance. They are the successors. The are the abiding ones of Allah in His earth. They are the best of His creatures. They are the containers of His knowledge. Allah protected and purified them completely from sins.

Their Leader, the Commander of the Faithful, peace be on him, described them, saying: “They are the life of knowledge and death of ignorance. Their clemency tells you of their knowledge, their outward of their inward, and their silence of their wise thinking. They do not oppose right nor do they differ with each other over it. They are the pillars of Islam and asylums of protection. With them right has returned to its position and wrong has left its place and its tongue is severed from its root. They have understood religion attentively and carefully, not by mere heresy or from narrators. For the narrators of knowledge are many but its understanders are few.”[75]

The poet of Islam, al-Kumayt, described them, saying:

However, my hidden and manifest love is for the Hashimites,

who are the best of all people, who are near to generosity,

who are far from oppression

who are right when the people are wrong,

who has established the rules of Islam,

who are the sufficient defenders when the war breaks out,

who are the rain when drought hits the people,

who are the shelter for the orphans' mothers,

who are the sufficient leaders in all conditions.[76]

The Love of the Shï‘a for the Imams

The hearts of the Shï‘a are full of love for the members of the House (ahl al-Bayt), peace be on them. They think that such love is among the important religious duties. For many verses and traditions urge them to do that. Among them are: the Verse of Love, the tradition of al-Thaqalayn, the tradition of the boat, and the like. The Shï‘a has believed in such love since the beginning of their history. For example, Abu al-Aswad al-Du'ali answered those who blamed him for his love for the members of the House (ahl al-Bayt), peace be on them, saying:

Do you blame me for the love for the

of Mohammed?

May a stone be in your mouth!

(I do not worry) whether you leave your

blame or increase (it).

Whoever does not cling to love for them

should confess the love for the one who

is not rightly-guided.[77]

Some people criticized Abu al-Aswad for his love for the members of the House. So, he answered them with these lines of poetry:

I love very much Mohammed, Abbas, Hamza, the trustee (Imam ‘Ali), and Ja‘far.

They are the children of the uncle of the Prophet.

They are the most lovable with me of all the people.[78]

Some people blamed ‘Abd Allah b. Kuthayr al-Sahmi for his love for the members of the House. They regarded his love for them as sin. Hence, he answered them with these lines of poetry, saying:

Is it regarded as sin that I love them?

Rather, love for them is an expiatory gift.[79]

Harb b. al-Mudhir b. al-Jarud was satisfied with little food of his world, for he was ascetic in the world. He announced his victory when he loved the members of the House, peace be on them. He said:

My love is for the relations of the Prophet Mohammed.

For he (the Prophet) did not demand of us any reward except the love of his relations.[80]

The Shï‘a love the members of the House (ahl al-Bayt), peace be on them, because they seek nearness to Allah, the Exalted, through it. They hope that they will be safe from the torment on the Day of Resurrection through the love for the Prophet's relations. Sayyid al-Himyari said:

I want to be safe (from chastisement) on the Day of Judgment through love for the guide Abu Hasan (Imam ‘Ali).[81]

Al-Farazdaq thought that his love for the members of the House (ahl al-Bayt), peace be on them, was religion, and that hating them was unbelief. He said:

He is from the people whose love is religion

whose detest is unbelief and whose nearness

is salvation and protection

When the people of piety are numbered, they

(ahl al-Bayt) are their Imams.

Or (when) it said: Who is the best of the

people of the earth? It is said: They (ahl al-Bayt) are.

Al-Kumayt also showed his love for the members of the House, peace be on them, in many of his poems.[82]

The Aspects of Love for the Imams

As for the aspects of the love of the Shï‘a for the Imams of the members of the House (ahl al-Bayt), peace be on them, they are as follows:

1. The Shï‘a take the fundamentals and branches of religion from the Imams of the members of the House (ahl al-Bayt), peace be on them. They think that it is obligatory to follow their words and deeds because they are of the obligatory Sunna. With that the Shï‘a has made their ideological frame, namely with what was reported on the authority of the Imams of the members of the House (ahl al-Bayt), peace be on them. In the legislative matters, they do not depend on the other Islamic doctrines. This is not because of partiality or fanaticism. However the authentic traditions, which were reported on the authority of the Prophet (may Allah bless him and his family) urged them to do that. They also urged them to confine themselves to the doctrine of the Imams of the members of the House (ahl al-Bayt), peace be on them.

Imam Sharaf al-Dïn said: “We are not partial or fanatic when we follow the fundamentals (of a doctrine) other than the Ash‘arite doctrine and the branches (of a doctrine) other than the four doctrines. We do not doubt the religious opinions (ijtihad) of the Imams of the doctrines. (We do not doubt) their justice, their honesty, and their great knowledge and deeds).

“However, the religious proofs have forced us to follow the doctrine the doctrine of the Imams from the members of the House of prophecy, the place of the (prophetic) mission and angels, and the landing place of inspiration and revelation. So, we have followed them in the branches and beliefs of religion, the principles and rules of jurisprudence, the sciences of the Sunna and the Book, and the sciences of ethics and behavior and manners. We have followed the proofs that concern the Sunna (practices) of the Lord of prophets and apostles, peace be on him and his family.

“If the proofs permitted us to oppose the Imams from the family of Mohammed, may Allah bless him and his family, or if we were able to get the intention of nearness to Allah, the Glorified, when we follow a doctrine other than their doctrine, we would follow the doctrine of the Sunnis.”[83]

Then he added: “I think that no one dare to prefer them (the Imams of the doctrines) in knowledge and acts to our Imams, who are the Imams of the pure family, the life-boats of the community, the door of its hitta, its safety against discords in religion, the signposts of its guidance, and the valuable ones (thiql) of Allah's Apostle, may Allah bless him and his family, who said: ‘Do not precede them so as not to perish. Do not fall behind them so as not to perish. For they are more knowledgeable than you.’ However, it was policy. I wish you knew what it required at the beginning of Islam.”

The Shaykh of al-Azhar confirmed this bright part of the speech of Imam Sharaf al-Dïn when he said: “Rather, it might be said that your twelve Imams are better to be followed than the four Imams. For all the twelve

Imams followed one doctrine. They purified and decided it. However, the differences among the four (Imams) are famous in all chapters of jurisprudence. So, its ways are not encompassed and done well. It is well-known that what one person purifies is unequal to what twelve Imams purify.”[84]

It is natural that this aspect, to which the Shï‘a have cleaved and which they have announced in all fields, has neither excessive nor extreme love. Rather, it is righteous and moderate.[85]

2. Among the aspects of love of the Shï‘a for their Imams is that they mark their anniversaries, praise their outstanding merits, spread their high moral standards, hold funeral orations, and visit their graves.

The Shï‘a and the Companions (of the Prophet)

The Shï‘a have been accused of defaming the Companions (of the Prophet). This is a pure fabrication. For the Shï‘a respect the Companions of the Prophet, may Allah bless him and his family, and love them very much. They think that every Moslem should respect them. For they supported Islam during its early days. Moreover, they spread Islam with their efforts and armed struggle. Hence, we must talk about them and the attitude of the Shï‘a towards them.

The Definition of the Companions

The Companions were those who accompanied the Prophet, may Allah bless him and his family, believed in him, and died for his guidance and religion. The Companion was not the one who saw the Prophet, may Allah bless him and his family. For this definition will include all the children and the unbelievers who saw the Prophet, may Allah bless him and his family. This definition will also exclude who did not see the Prophet because the lost their sight.

The Position of the Companions

The Companionship with the Prophet, may Allah bless him and his family, has a great position with Allah, the Exalted. However, it did not protected (the Companions) from errors nor did it save them from the fire. Hence, the good deed is the only authentic measure with Allah. Whoever believes (in Allah) and does good, the garden will be his shelter. Whoever deviates from the truth after he has known guidance, the fire will be his shelter.

For Allah, the Most High, said: “And that man shall have nothing but what he strives for. And that his striving shall soon be seen.” “ So, he who has done an atom's weight of good shall see it. And he who has done an atom's weight of evil shall see it.”

Allah, the Exalted, based His reward on good deeds and His punishment on evil deeds. So the Companions and the others are equal with Allah. The nearest one to Allah is the one who obeys Him. The farthest one from Allah is the one who disobeys him. The following is some views of the main Shï‘ites concerning the Companions of the Prophet, may Allah bless him and his family:

1. Sayyid ‘Ali Khan

Sayyid ‘Ali Khan al-Madani said: “We think that the justice of the Companions (of the Prophet) is similar to that of others. Their mere companionship (with the Prophet) does not make necessary faith and justice nor does it save (the Companions) from the punishment of the fire and the wrath of the Almighty (Allah). However, certain faith and sincere heart should accompanied it. When we know that (some Companions) had faith and justice and took care of the bequest of Allah's Apostle, may Allah bless him and his family, concerning his family, and died for that, we follow them. For we seek nearness to Allah through their love. Among them were Abu Dharr, ‘Ammar, and Salman al-Farisi. When we know that the companion retreated from his faith and showed enmity towards the members of the House (ahl al-Bayt), we show enmity towards him and renounce for Allah. However, we keep silent towards the unknown (Companion).”[86]

This view is very reliable. We love and respect the good Companions to seek nearness to Allah. We detest the Companions who deviated from the truth to seek nearness to Allah Who has ordered us to keep aloof from falsehood.

Imam Sharf al-Dïn

Imam Sharaf al-Dïn said: “Whoever consider carefully our view about the Companions (of the Prophet) knows that it is moderate. Our view is not as excessive as that of the excessive ones who accused all the Companions of unbelief. Our view is not as excessive as of those who have regarded them all as reliable. The excessive ones said: ‘All the Companions (of the Prophet) were unbelievers.’ The Sunnis said: ‘All the Moslems who heard and saw the Prophets were just.’

“As for us, we think that the mere companionship (with the Prophet), though excellent quality is not enough for justice. Thus, the Companions were similar to the other men. There were just men among them. They were their great figures and their scholars. There were aggressors, criminals, hypocrites, and unknown ones among them. Hence, we regard their just ones as proofs, and then we follow them in here and in hereafter.

“Some of the Companions mutinied against the trustee and brother of the Prophet, may Allah bless him and his family, (i.e., Imam ‘Ali). Among them were b. Hind, b. al-Nabigha, b. al-Zarqa', b. ‘Aqaba, b. Artat, and the like. We do not respect such companions. Besides their traditions are worthless. We give no answer about the unknown (Companions) till we understand their affairs. This is our view concerning the traditionalists from the Companions. The Book and the Sunna are between us. They indicate this view. It is also mentioned in detail in the principles of jurisprudence.

“However, the Moslem majority (jimhur), went too far in glorifying those whom they have called Companions. Hence, they have become immoderate when they have regarded the strong and the weak ones from the Companions as proof. They have followed every Moslem who heard from the Prophet, may Allah bless him and his family, or saw him. They rebuke those who oppose them in this excessiveness.

“They blame us when we refuse to accept the traditions of many Companions. That is because we openly criticize such Companions or say

that they are unknown. (We do that) to carry out the religious duty that urges us to purify the religious matters and to look for the authentic traditions of the Prophet.

“For this reason they doubt us, accuse us of what they say. All that is out of ignorance. If they resorted to their reason and depended on the rules of science, they would know that there was no proof for the justice of the Companions. If they consider carefully the Holy Koran, they would find it full of mentioning the hypocrites. It is sufficient to read the Sura of al-Tawba and al-Ahzab.”[87]

The view of Imam Sharaf al-Dïn represents deep thinking and original evidence. For the Shï‘a do not behave emotionally towards the Companions (of the Prophet). Rather, they consider carefully their deeds. So, they admire the Companions who contributed in building Islam and stood firm before the events that troubled the Moslems very much after the death of their Prophet. Moreover, the Shï‘a pay no attention to the Companions who deviated from Islam and showed enmity towards Allah and His Apostle. Among them were al-Hakam, Marwan b. al-Hakam, al-Walïd b. ‘Aqaba, Dhï al-Thidya, Tha‘laba b. Hatib, and the like.

The Attitude of Imam al-Baqir towards the Companions

As for Imam Abu Ja‘far (al-Baqir), peace be on him, he honored and respected the good Companions (of the Prophet). Meanwhile he disdained the bad ones from them. Concerning slandering them, the Imam reported many traditions on the authority of the Prophet, may Allah bless him and his family. He also mentioned the fabricated traditions that praised them. That is as follows:

1. He, peace be on him, reported on the authority of ‘Abd Allah b. Abï Nafi‘, on the authority of Abu Hurayra, on the authority of Allah's Apostle, may Allah bless him and his family, who said: “On the Day of Judgment, a group of my companions will come to me. However, they will be dismissed from (the sacred) waters (of Heaven). So, I will say: My Lord, they are my companions. However, He will say: ‘You do not know what they had done after you. They had retreated (from their religion).’”[88]

Traditions similar to this are numerous. Among them is what Ahmed reported in his Musnad on the authority of ‘Abd Allah b. Mas‘ud, on the authority of the Prophet, may Allah bless him and his family, who said to his Companions: “I will be before you at (the Sacred) waters (of Heaven). I will be disputed for groups (of my companions). However, I will be overcome. Hence, I will say: O My Lord, they are my companions. Thus, He will say: ‘You do not know what they had done after you.’”[89]

Al-Tirmidhi reported on the authority of the Prophet, may Allah bless him and his family, who said: “Men from my companions will be taken to the right and to the left. So, I will say: O My Lord, they are my companions. Thus, he will say: ‘You do not know what they had done after you. They retreated (from their religion) when you left them.’ Hence, I will say as the good Servant said: ‘If You torture them, they are Your servants.’”[90]

2. Imam al-Baqir, peace be on him, told some main Companions (of the Prophet) about the traditions which were fabricated at the time of Mu‘awiya, who entrusted some committees to fabricate traditions to praise some

companions and to defame the ‘Alids. Aban asked the Imam to mention some of the fabricated traditions. Thus, the Imam, peace be on him, mentioned some of them as follow:

“The two lords of the old men of Heaven are Abu Bakr and ‘Umar.”[91]

“The angels talk to ‘Umar.”

“The Angel teaches ‘Umar.”

“Tranquillity comes out of ‘Umar's tongue.”

“The angels feel shame of ‘Uthman.”

Imam Abu Ja‘far (al-Baqir), peace be on him, mentioned more than one hundred fabricated traditions. The people regarded them as true while they were false.[92]

Instances of Privacy Territory

Existed limits and impediments for presenting a definite and a single definition for privacy territory causes that mostly instead of its definition, its instanceshave been expressed .

While expressing different instances and areas of privacy determines the scope of this natural right of human beings to a considerable extent, as ithas been mentioned , the disagreements on the degree of the influence of the remarkable elements for determining private criteria impede coming to a suitable conclusion about the single meaning of this right.

General Instances of privacycan be counted as follows:

1. Bodily and Corporeal Privacy

Any kind of attack and disturbance to a person’s bodily and corporeal entirety (such as hurting with harmful nuclear radiation, intro-corporeal inspections and so on) without the person’s permission, is taken as a violation of his bodily and corporeal privacy. The owner allows this right to resist against elements, caused such a violation of his privacy to defend his bodily and corporeal privacy.

2. Mental and Psychological Privacy

Enjoying of mental and psychological privacy is a certain right of all human beings, particularly in their own private rights.

According to this right, taking any action causing the disturbance or deprival of people’s mental and psychological peace or endangering this peaceis being taken as violations of his privacy. There are several elements for depriving of people’s mental and psychological security. Among them include, illegal inspections, supervisions and investigations, revealing of personal secrets and information and generally revealing of the affairs that revealing of them results in people’s disturbance and bothering and illegal and concealed keeping people under surveillancecan be mentioned .

3. Physical Privacy

Every person’s home and residing placeis considered as his privacy and any kind of illegal and without the owner’s permission entering and trespassing to this place is the person’s privacy violation. Meanwhile, any inspection or investigation into the person’s private placeis considered as a violation to his physical privacy and solitude.

Besides the person’s living place and his isolation, his working environment is known as his privacy provided by not being public and any kind of direct surveillance or using of technologies (like installing candid cameras) illegally and without the privacy owner’s permission or forcing restriction about the person’s private solitude (either in his personal working or residing place) is as the breach of this right.

Illegal investigation and inspection of people’s private affairs such as their pockets, wallets, places of keeping their personal documents and certificates, computers and other things having a personal feature is also a violation of people’s privacy.

4. Communication Privacy

Correspondences, mobile and telephone conversations, telegrams, faxes, telexes and e-mails and any communicative forms are a part of people’s privacy.

Investigation, revealing, recording, bugging, not transmitting, censoring, misusing and illegal inspection in all communicative instruments and methods, is a breach of people’s privacy.

Itshould be noted that accessing the human being to new and developed technologies and expansion of communicative instruments and equipment facilitate the possibility and violation grounds of people’s communications.

Therefore, it is necessary for privacy right safeguarding to take actions for redefining the area of this right and its violation cases in accordance with the expansion of communications technologies.

5. Information Privacy

People’s personal secrets and information consist a significant part of their privacy and revealing or publicizing of this information is regarded as a violation to their privacy area whether taking such violation of people’s information privacy is either deliberate and knowingly or arises from violating person’s mistake or imagination.

Information put in people’s privacy territory includes all their private secrets and information such as the information related to medical affairs, personal correspondences, private family life, judicial and penal cases and verdicts against them, financial and economic affairs, their jobs issues, people’s private facts and even people’s hidden and secret specifications and habits.

Considering this important point is significant that violation of people’s information privacy is not only just in cases in which the information and secrets of people are publicized wrongly and incorrectly or in the forms of the publication of slander or untruths but also even the publicizing of true and referable information about people is known as violation of their privacy. Even revealing of information whichare presented to others in professional and job-related relations (like doctor-patient treating relation or lawyer-client one) is a violation of the information owner’s privacy. Because the person receiving the information in the working area according to accepted bases and conventions about keeping the professional and job-related secrets is obliged to protect his clients personal information and secrets.

6. Personality Privacy

Every person has an independent and legal identity and personality and this specified privacy includes the person’s identification marks suchas: name, titles, family names and nicknames, his picture and social reputation (such as reputations of science, art, economics, religious etc.).

No one has the right to utilize from a person’s name, identity and reputation that are part of his privacy for commercial, business or any other purposes without the person’s permission and satisfaction. Any kind of misusing from the person’s reputation or identification marks or possessing them are evident instances of privacy violation and resulted in social and legal charges for illegal users of them.

7. Religious and Economic Privacy

Thought freedom means human beings are free in their selection of ideas without any pressure elements. This is of all human beings certain rights and is regarded a part of their privacy.

Any kind of people’s personal idea inspection or investigation about his religious beliefs by other people or governmental agents or even under the coverage of state orders and regulations is illegal and violation of people’s privacy.

Beliefs and observing religious rules are in fact themost internal dimension of a human characteristic. Hehas always been granted the right to keep his religions and beliefs concealed and obstruct his personal opinions from others’ access.

It should be noticed that these beliefs and opinions by expressing and verbalizing from their owner are taken as revealed and will be out of the circle of privacy. The feature of this kind of privacy is that it never consists of legal restrictions and violations.

8. Marriage and Family Privacy

Doubtlessly, family privacy is the most important segment of a people’s personal and private affairs. Any kind of interference or violation of family life is a violation of people’s privacy and causes charges for the transgressors and the right of defending and encountering for the privacy right owner.

In family privacy, besides the fact that other people and the government do not have the right of investigation and interference within the families’ privacy and the information and affairs of each family is only related to that family members, there is a dependant privacy among members of families that no member of the same family has the right to attempt to violate or transgress the privacy of any other family member.

In the familyarea mothers and fathers, as the main axis of family center, have special rights and privacy that other family members, specially the children, should attempt to observe these rights and privacy. Among the cases of parents’ specifiedprivacy that observing of it is a must is married and sexual privacy of the parents that has specified and exclusive aspect for them and interference with it is regarded an offense to the parents’ specified and exclusive privacy.

Meanwhile, each of the parents has a specific privacy that spouses must attempt for its safeguarding and protecting.

Accordingly, husbands have a special privacy that should be respected from their wives’ sides andwives also in particular cases have privacy that should be kept and respected by husbands.

Children as the results of marriages and members of the family, in their own turn, have privacy that not observing of it from parents and other family members can cause problems threatening family stability and durability seriously.

Generally, peace, security, independence and freedom in a family relies on this that every family member recognizes the privacy of other members of the family observe the privacy right.

It is obvious that legal interference of parents is necessary for children’s training and preventing them from deviationare considered as conventional and natural duties of parents and applying them in the determined areas and taking the element of the society culture into account are not regarded illegal violation of children’s privacy.

9. Dignity and Prestige Privacy

Prestige, reputation, chastity, credit and social fame and honesty are important parts of people’s privacy and violation of any of themis considered as personal privacy violation.

Revealing of people’s secrets and wrong and inappropriate interpretation of others’ deeds and talks, misusing of others’ correspondences and publicizing their information that result in offenses to people’s dignity and prestige or the jeopardizing of their social reputation are obvious instances of violation of people’s privacy.

To consider the title of privacy violation to the act of revealing of information and publicizing people’s affairs, it is not necessary that these revealed and publicized information and affairs or what affiliated to them be untrue or false or the revealing or publicizing person did this intentionally. Even unintentional publicizing of correct and right information and news that the owner(s) of them desires not others to access them can also cause the jeopardizing of people’s reputation and social credit and their privacyis violated either intentionally or unintentionally.

Presenting of pornographic pictures and sexy texts or publicizing of immorally personal issues of people with the aim of destroying their honesty and reputation by means of internet, satellite, telephonemessages and other forms of media is a violation of privacy, social credit and prestige.

10. Professional and economic privacy

Usually people have no desire that the information about the amount, source and ways of income, their assets and generally speaking their personal and business data be at others’ access or other people be informed of their bank accounts turnover or balances, their credits, debts, interest- free loans and claims. These data and similar information like the name and people business identity marks and names are in fact in the area of people’s privacy and violation of this kind of information is a violation and transgression of the information owner’s privacy.

Certainly, eligible government legislators have the right of investigation of people’s financial and professional information.

Nevertheless, this right firstlyhas been applied just within an area determined by the government regulations and laws (like the law of people’s income tax). Secondly, government officials who enjoy thisauthority and due to their job responsibilities have access to such information and gather them must take the information about people’s economic situation as their own professional and vocational secrets and avoid from revealing them before others.

In addition to the people’s possession of assets that is of their privacy, rights related to their intellectual possession such as inventions and innovations are instances of people’s economic privacy.

In the resolution of international congress of lawyers held in 1967 in Stockholm, 10 instances about violation of people’s privacy have been expressed, and this resolution is not of enough comprehensiveness since about five decades have passed since its issuance and due to political and social developments and a review on that seems to bea must .

The Importance of Privacy Territory in Islam

The support of people’s privacy in western legal systems does not have a long record but this right in divine religions and particularly the legal system of Islam enjoys a long background and certainly Divine religions more than any other legal systems put value and importance on this right and emphasized more on its following and observance.

In Torah and Gospel, Jews and Christians’ sacred books, there are many referrals and specific rules about violation of people’s privacyare mentioned .

The privacy right and the necessity of supporting this right in Islamic resources and the remarks of the great men of Islam is the recognition of this right this is greatly emphasized.

The importance of recognition of this right of Islam, besides the subject of its historical background and oldness (more than 14 centuries from the proclaiming of this right) is on the matter of significance from the viewpoint of the time of appearance of Islam.

The religion of Islam appeared in a situation in which institutionalized ignorant habits and savagery traditions in the Arabian Peninsula and other lands have overshadowed people’s lives to such degree that ‘the right to life’, as the most obvious right of a human being, was not supported. They buried their daughters alive with no difficulty and did not believe in any right of life or continuation of living for them.

In such a situation, Islam as a herald of human rights, insisted on the observing of all people’s privacy (regardless of their ideas and religions) and invited everyone to avoid from the violation of people’s area of privacy.

Islam never satisfies itself to express the right for human beings and in addition to expressing the right, determines its domain; the methods of accessing it and in its legal system provide the necessary executive gestures and functions to support it.

In the Islamic jurisprudence regulations, there are several rulings about the support of people’s privacy and confronting against violators and transgressors of this obvious human right. Meanwhile, the Prophet of Islam and Imams, (religious leaders after the Prophet) manners after the honorable Messenger of Islam (S) includes of many practical instances about the defense of people and personal privacy.

However, from the perspective of the religious law of Islam, increasing of knowledge and confronting ignorance and nescienceare known to be the most essential elements and instruments to reach the perfection. In the area of others’ privacy, ignorance aboutothers’ secrets and what is passing in people’s privacy is a lofty stage of knowledge and perfection. Because in this case, people encounter the sensual desires of knowing others’ private affairs andsecrets and is victorious in this struggle and with his will and insistence keeps the respect of others’ privacy.

The Basis of Privacy Right in Islam

A challenge that the western legal system has always encountered with about the human right has been the instability in the basis and the impossibility of determining a definite area for each recognized right of humanity. The fundamental reason for that is the lack of existing a determined of evaluating system.

In Islam, any human rights relies on evaluating regulations and principals which their recognition causes the stability of these rights and prevent of creating any challenges in applying them.

A fast review over the main bases of privacy right in the Islamic legal system expresses the depth of Islam perspective about this human obvious right:

1) The Principle of human essential greatness

Islamic perspective about the basis of human right (including human privacy right), unlike western materialistic and humanistic thought (which is captured by instability and not having an identity because of not considering the spiritual dimension of human being’s existence), considers the principle of human being’s essential greatness and honesty.

Islamic religious law based on the essential greatness of human beings, recognized some rights for him and one of these rights is ‘privacy territory right’ for each human being.

Human being thatis meant by Islam is a character that in addition to his physical and bodily dimensions has a spiritual and divine dimension to which from the spirit of God is blown.

وَنَفَخْتُ فِيهِ مِنْ رُوحِي

When I have shaped him and ran my created soul inhim fall down prostrating towards him. (Quran, 15:29)

Human being’s divine and spiritual dimension causes his distinction from other beings and grants his honesty and greatness.

The great Quran expresses human being’s superiority over other beings in this way that:

وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ وَحَمَلْنَاهُمْ فِي الْبَرِّ وَالْبَحْرِ وَرَزَقْنَاهُمْ مِنَ الطَّيِّبَاتِ وَفَضَّلْنَاهُمْ عَلَىٰ كَثِيرٍ مِمَّنْ خَلَقْنَا تَفْضِيلًا

We have honored the children of Adam and carried them on both land and sea. We have provided them with good things and greatly preferred them above much of our creation. (Quran, 17:70)

Safeguarding and keeping of people’s greatness is dependent on the recognition and keeping ofone’s privacy and when a person keeps others’ privacy, he in fact respects human beings’ dignity and greatness. Based on this, Islam determined strict regulations for violation and transgression of people’s privacy and regarded that a fundamental strategy in its own criminal law.

Safeguarding of people’s privacy in Islamic laws is because Islam considers human beings as thebasic foundation of every construction and training and takes his dignity and privacy vital and necessary.

2) The Principle of no sovereignty of human beings over each other

From the perspective of Islamic religiouslaw absolute guardianship is exclusive to the Godly Being and just the unique God has the rule and sovereignty over all people’s lives, possession and affairs.

The Holy Quran in expressing the principle of monotheism insists on the divine absolute sovereignty:

وَهُوَ اللَّهُ لَا إِلَٰهَ إِلَّا هُوَۖ لَهُ الْحَمْدُ فِي الْأُولَىٰ وَالْآخِرَةِۖ وَلَهُ الْحُكْمُ وَإِلَيْهِ تُرْجَعُونَ

And he is Allah; there is no god except him. The praise is his in the former as in the latter. His is the judgment; to him youshall be returned . (Quran, 28:70)

Meanwhile the Holy Quran explicitly rejects any kind of sovereignty that its origin neither is nor divine:

إِنِ الْحُكْمُ إِلَّا لِلَّهِ ۚ أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ ۚ ذَٰلِكَ الدِّينُ الْقَيِّمُ وَلَٰكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ

He has commanded you to worship none except him. That is the right religion, yet most people do not know. (Quran 12:40)

Therefore, the necessity of this basic and obvious principle is that people have no sovereignty over eachothers’ lives, possessions and personal affairs except the case that for such sovereignty enough sensible reasons based on Islamic religious law are offered.

It is obvious that where there are doubts and ambiguities because of lack of any logical reasons or causes based on the Islamic religious law about the sovereignty over others, by referring to the general principle of human beings’ dignity, a verdict for removing of people’s sovereignty over each other must be issued as applying any illegal sovereignty of people over each other is against the principle of human being’s freedom and result in preventing him from utilizing his freedoms and natural rights and consequently is regarded transgression and cruelty to him.

In the regulations of illustrating religion of Islam, guardianship in the interdicted people and infants’ affairs named under the title of “non-litigious jurisdiction” is recognized and its basis is safeguarding their rights and observing of the public interests.

Additionally, sacred Islam religious law firstly legalized the sovereignty of Islamic governor that is the continuation of the great Prophet of Islam (S) and his pious and eligible successors in the framework and realm of Islamic religious law. Secondly, by considering special conditions for Islamic governor such as piety and his practical obligation to Islamic percepts, exerting the sovereignty puts him out of the circle of his personal interests. Thirdly, except in some cases that the public’s interests necessitate, the governor’s sovereigntyis just applied in the public area and private area is kept safe from his transgression as much as possible. Fourthly, for recognition and clarification of the public interests and prevention of any kind of illegal misusing and transgression of people’s privacy, Islamic religious law presented a definite mechanism so that Islamic governor has power of sovereignty within that defined area.

Obviously, Islamic governor’s sovereignty is resulted from the Divine Absolute Sovereignty, granted to him in a determined area andtill the time he has the required qualifications clearly, this sovereignty is applicable and as soon as he loses these qualifications, he will be deposed from automatically and his eligibility of sovereignty will be lost.

3) The principle of having no permission of interference within others’ affairs

In Islam’s legal system, prohibition of inference within people personal and privacyis taken as one of the strategic principles and according to it firstly, all people enjoy freedom of acting in their own private affairs. Secondly, any interference of others within people’s privacy is against the general principle of not interference and only the case is legal that the privacy owner demands such interference or permits others to interfere with his privacy.

The concept of interference does not necessarily mean taking a physical action but any concealed supervision and surveillance of others, investigation or inspection in people’s affairs or revealing of their secrets or deficienciesis considered as a kind of interference or transgression of their privacy and is in contrast within the principle of interference prohibition.

An obvious instance of this principle is the freedom of having opinions on Islam. The Great Quran rejects the unwilling of accepting an idea and stated:

… قَدْ تَبَيَّنَ الرُّشْدُ مِنَ الْغَيِّ …

Righteousness is now distinct from error. (Quran, 2:256)

In the area of privacy, although Islam determined individual obligations in the path of perfections and elevation for human beings, it has no interference in what they do in their privacy. When human being takes actions to present his speeches and deeds in public as an expression of his speeches and deeds in the area of society qualify for effectiveness, he is responsible for them like apostasy that due to its social effectiveness of Islam religion law there are particular decrees and verdicts for it.

4) The principle of the reverence of Muslims’ blood, possessions and honor

The Islamic religious law makes any violation or transgression of Muslims’ blood,possessions and honor illegal and according to this general regulation no one can transgress to others’ lives, possessions and reputations.

The Prophet of Islam (S) in a sermon expressed inHujjat al-Wida’a ’ (fare welling Hajj (pilgrimage to Mecca) among a large mass of Muslims, by emphasizing on this principle states: “O! Muslims, your blood (lives) and possessions are illegal for each other till the Doomsday. 1

The respectful Prophet of Islam (S) takes the reverence of Muslims’ blood,possessions and honor as the reverence ofKaaba and urged everyone to keep this reverence and mutual respect.

Safeguarding of the Muslims’ lives, possessions and reputations is of the very first rights of each member of Islam’s society and besides every one’s personal obligation for safeguarding of people’s privacy, Islamic government is obliged to take necessary strategies for protection of this obvious right and face transgressors and offender of people’s lives, possessions and reputations seriously.

It should be noted that the principle of people’s lives and reputations in an Islamic society is not exclusive to Muslims and all people living in the territory of Islamic government enjoysthis right even non-Muslims and others have no right to transgress or offend them as long as they do not plot and conspire against Muslims.

5) The principle of being private of people’s personal affairs

In the eyes of Islam, a legal norm is on privacy of people’s personal affairs and being public of theses affairs necessitates proof and reasons. Therefore, investigation and questioning in affairs related to people are not accepted and legal except the cases proved by reasons are instances within a public area andis related to society and others.

6) The principle of human beings control over his affairs

The principle of human’s ruling over his own affairsis based on a narration stated from the respectful Prophet of Islam that is accepted by all Muslims unanimously that: “People have control over their own possessions.”

Although the Prophet’s statement apparently is related to the human’s control over his possessions, according to the logical principles and most importantly this principle is not exclusive to the human’s financial rights and includes all human rights such as his divine,spiritual and non-materialistic rights. According people have control over all the affairs of their rights and lives and it necessitates that they have no right to rule over others’ rights.

The Great Quran states people’s control over their destinies and lives in this way that:

…إِنَّ اللَّهَ لَا يُغَيِّرُ مَا بِقَوْمٍ حَتَّىٰ يُغَيِّرُوا مَا بِأَنْفُسِهِمْ …

Allah does not change what is in a nation unless they change what is in themselves. (Quran, 13:11)

People’s control over his affairs even includes his privacy and any illegal and without-reason control and prevalence of others’ over people’s privacy is the breach of this important base and is against the principle of human’s complete dominance over his destiny and is not allowed for anyone.

Obviously, the area of this dominance principle just includes the legal rights of human beings and those affairs that their fulfillments require corruption and its expansion or committing prohibited actions are out this principle inclusion.

7) Wisdom and conscience verdict

Certainly, unwanted and imposed inspection and presence in people’s privacy and keeping this privacy under surveillance and investigation in people’s private affairs are of such affairs that every healthy mind and pure conscience censures and every fair and healthy human regards them sins and faults.

Note

1.Sireyeh Ibn Hesham , Vol.2, P. 603

Instances of Privacy Territory

Existed limits and impediments for presenting a definite and a single definition for privacy territory causes that mostly instead of its definition, its instanceshave been expressed .

While expressing different instances and areas of privacy determines the scope of this natural right of human beings to a considerable extent, as ithas been mentioned , the disagreements on the degree of the influence of the remarkable elements for determining private criteria impede coming to a suitable conclusion about the single meaning of this right.

General Instances of privacycan be counted as follows:

1. Bodily and Corporeal Privacy

Any kind of attack and disturbance to a person’s bodily and corporeal entirety (such as hurting with harmful nuclear radiation, intro-corporeal inspections and so on) without the person’s permission, is taken as a violation of his bodily and corporeal privacy. The owner allows this right to resist against elements, caused such a violation of his privacy to defend his bodily and corporeal privacy.

2. Mental and Psychological Privacy

Enjoying of mental and psychological privacy is a certain right of all human beings, particularly in their own private rights.

According to this right, taking any action causing the disturbance or deprival of people’s mental and psychological peace or endangering this peaceis being taken as violations of his privacy. There are several elements for depriving of people’s mental and psychological security. Among them include, illegal inspections, supervisions and investigations, revealing of personal secrets and information and generally revealing of the affairs that revealing of them results in people’s disturbance and bothering and illegal and concealed keeping people under surveillancecan be mentioned .

3. Physical Privacy

Every person’s home and residing placeis considered as his privacy and any kind of illegal and without the owner’s permission entering and trespassing to this place is the person’s privacy violation. Meanwhile, any inspection or investigation into the person’s private placeis considered as a violation to his physical privacy and solitude.

Besides the person’s living place and his isolation, his working environment is known as his privacy provided by not being public and any kind of direct surveillance or using of technologies (like installing candid cameras) illegally and without the privacy owner’s permission or forcing restriction about the person’s private solitude (either in his personal working or residing place) is as the breach of this right.

Illegal investigation and inspection of people’s private affairs such as their pockets, wallets, places of keeping their personal documents and certificates, computers and other things having a personal feature is also a violation of people’s privacy.

4. Communication Privacy

Correspondences, mobile and telephone conversations, telegrams, faxes, telexes and e-mails and any communicative forms are a part of people’s privacy.

Investigation, revealing, recording, bugging, not transmitting, censoring, misusing and illegal inspection in all communicative instruments and methods, is a breach of people’s privacy.

Itshould be noted that accessing the human being to new and developed technologies and expansion of communicative instruments and equipment facilitate the possibility and violation grounds of people’s communications.

Therefore, it is necessary for privacy right safeguarding to take actions for redefining the area of this right and its violation cases in accordance with the expansion of communications technologies.

5. Information Privacy

People’s personal secrets and information consist a significant part of their privacy and revealing or publicizing of this information is regarded as a violation to their privacy area whether taking such violation of people’s information privacy is either deliberate and knowingly or arises from violating person’s mistake or imagination.

Information put in people’s privacy territory includes all their private secrets and information such as the information related to medical affairs, personal correspondences, private family life, judicial and penal cases and verdicts against them, financial and economic affairs, their jobs issues, people’s private facts and even people’s hidden and secret specifications and habits.

Considering this important point is significant that violation of people’s information privacy is not only just in cases in which the information and secrets of people are publicized wrongly and incorrectly or in the forms of the publication of slander or untruths but also even the publicizing of true and referable information about people is known as violation of their privacy. Even revealing of information whichare presented to others in professional and job-related relations (like doctor-patient treating relation or lawyer-client one) is a violation of the information owner’s privacy. Because the person receiving the information in the working area according to accepted bases and conventions about keeping the professional and job-related secrets is obliged to protect his clients personal information and secrets.

6. Personality Privacy

Every person has an independent and legal identity and personality and this specified privacy includes the person’s identification marks suchas: name, titles, family names and nicknames, his picture and social reputation (such as reputations of science, art, economics, religious etc.).

No one has the right to utilize from a person’s name, identity and reputation that are part of his privacy for commercial, business or any other purposes without the person’s permission and satisfaction. Any kind of misusing from the person’s reputation or identification marks or possessing them are evident instances of privacy violation and resulted in social and legal charges for illegal users of them.

7. Religious and Economic Privacy

Thought freedom means human beings are free in their selection of ideas without any pressure elements. This is of all human beings certain rights and is regarded a part of their privacy.

Any kind of people’s personal idea inspection or investigation about his religious beliefs by other people or governmental agents or even under the coverage of state orders and regulations is illegal and violation of people’s privacy.

Beliefs and observing religious rules are in fact themost internal dimension of a human characteristic. Hehas always been granted the right to keep his religions and beliefs concealed and obstruct his personal opinions from others’ access.

It should be noticed that these beliefs and opinions by expressing and verbalizing from their owner are taken as revealed and will be out of the circle of privacy. The feature of this kind of privacy is that it never consists of legal restrictions and violations.

8. Marriage and Family Privacy

Doubtlessly, family privacy is the most important segment of a people’s personal and private affairs. Any kind of interference or violation of family life is a violation of people’s privacy and causes charges for the transgressors and the right of defending and encountering for the privacy right owner.

In family privacy, besides the fact that other people and the government do not have the right of investigation and interference within the families’ privacy and the information and affairs of each family is only related to that family members, there is a dependant privacy among members of families that no member of the same family has the right to attempt to violate or transgress the privacy of any other family member.

In the familyarea mothers and fathers, as the main axis of family center, have special rights and privacy that other family members, specially the children, should attempt to observe these rights and privacy. Among the cases of parents’ specifiedprivacy that observing of it is a must is married and sexual privacy of the parents that has specified and exclusive aspect for them and interference with it is regarded an offense to the parents’ specified and exclusive privacy.

Meanwhile, each of the parents has a specific privacy that spouses must attempt for its safeguarding and protecting.

Accordingly, husbands have a special privacy that should be respected from their wives’ sides andwives also in particular cases have privacy that should be kept and respected by husbands.

Children as the results of marriages and members of the family, in their own turn, have privacy that not observing of it from parents and other family members can cause problems threatening family stability and durability seriously.

Generally, peace, security, independence and freedom in a family relies on this that every family member recognizes the privacy of other members of the family observe the privacy right.

It is obvious that legal interference of parents is necessary for children’s training and preventing them from deviationare considered as conventional and natural duties of parents and applying them in the determined areas and taking the element of the society culture into account are not regarded illegal violation of children’s privacy.

9. Dignity and Prestige Privacy

Prestige, reputation, chastity, credit and social fame and honesty are important parts of people’s privacy and violation of any of themis considered as personal privacy violation.

Revealing of people’s secrets and wrong and inappropriate interpretation of others’ deeds and talks, misusing of others’ correspondences and publicizing their information that result in offenses to people’s dignity and prestige or the jeopardizing of their social reputation are obvious instances of violation of people’s privacy.

To consider the title of privacy violation to the act of revealing of information and publicizing people’s affairs, it is not necessary that these revealed and publicized information and affairs or what affiliated to them be untrue or false or the revealing or publicizing person did this intentionally. Even unintentional publicizing of correct and right information and news that the owner(s) of them desires not others to access them can also cause the jeopardizing of people’s reputation and social credit and their privacyis violated either intentionally or unintentionally.

Presenting of pornographic pictures and sexy texts or publicizing of immorally personal issues of people with the aim of destroying their honesty and reputation by means of internet, satellite, telephonemessages and other forms of media is a violation of privacy, social credit and prestige.

10. Professional and economic privacy

Usually people have no desire that the information about the amount, source and ways of income, their assets and generally speaking their personal and business data be at others’ access or other people be informed of their bank accounts turnover or balances, their credits, debts, interest- free loans and claims. These data and similar information like the name and people business identity marks and names are in fact in the area of people’s privacy and violation of this kind of information is a violation and transgression of the information owner’s privacy.

Certainly, eligible government legislators have the right of investigation of people’s financial and professional information.

Nevertheless, this right firstlyhas been applied just within an area determined by the government regulations and laws (like the law of people’s income tax). Secondly, government officials who enjoy thisauthority and due to their job responsibilities have access to such information and gather them must take the information about people’s economic situation as their own professional and vocational secrets and avoid from revealing them before others.

In addition to the people’s possession of assets that is of their privacy, rights related to their intellectual possession such as inventions and innovations are instances of people’s economic privacy.

In the resolution of international congress of lawyers held in 1967 in Stockholm, 10 instances about violation of people’s privacy have been expressed, and this resolution is not of enough comprehensiveness since about five decades have passed since its issuance and due to political and social developments and a review on that seems to bea must .

The Importance of Privacy Territory in Islam

The support of people’s privacy in western legal systems does not have a long record but this right in divine religions and particularly the legal system of Islam enjoys a long background and certainly Divine religions more than any other legal systems put value and importance on this right and emphasized more on its following and observance.

In Torah and Gospel, Jews and Christians’ sacred books, there are many referrals and specific rules about violation of people’s privacyare mentioned .

The privacy right and the necessity of supporting this right in Islamic resources and the remarks of the great men of Islam is the recognition of this right this is greatly emphasized.

The importance of recognition of this right of Islam, besides the subject of its historical background and oldness (more than 14 centuries from the proclaiming of this right) is on the matter of significance from the viewpoint of the time of appearance of Islam.

The religion of Islam appeared in a situation in which institutionalized ignorant habits and savagery traditions in the Arabian Peninsula and other lands have overshadowed people’s lives to such degree that ‘the right to life’, as the most obvious right of a human being, was not supported. They buried their daughters alive with no difficulty and did not believe in any right of life or continuation of living for them.

In such a situation, Islam as a herald of human rights, insisted on the observing of all people’s privacy (regardless of their ideas and religions) and invited everyone to avoid from the violation of people’s area of privacy.

Islam never satisfies itself to express the right for human beings and in addition to expressing the right, determines its domain; the methods of accessing it and in its legal system provide the necessary executive gestures and functions to support it.

In the Islamic jurisprudence regulations, there are several rulings about the support of people’s privacy and confronting against violators and transgressors of this obvious human right. Meanwhile, the Prophet of Islam and Imams, (religious leaders after the Prophet) manners after the honorable Messenger of Islam (S) includes of many practical instances about the defense of people and personal privacy.

However, from the perspective of the religious law of Islam, increasing of knowledge and confronting ignorance and nescienceare known to be the most essential elements and instruments to reach the perfection. In the area of others’ privacy, ignorance aboutothers’ secrets and what is passing in people’s privacy is a lofty stage of knowledge and perfection. Because in this case, people encounter the sensual desires of knowing others’ private affairs andsecrets and is victorious in this struggle and with his will and insistence keeps the respect of others’ privacy.

The Basis of Privacy Right in Islam

A challenge that the western legal system has always encountered with about the human right has been the instability in the basis and the impossibility of determining a definite area for each recognized right of humanity. The fundamental reason for that is the lack of existing a determined of evaluating system.

In Islam, any human rights relies on evaluating regulations and principals which their recognition causes the stability of these rights and prevent of creating any challenges in applying them.

A fast review over the main bases of privacy right in the Islamic legal system expresses the depth of Islam perspective about this human obvious right:

1) The Principle of human essential greatness

Islamic perspective about the basis of human right (including human privacy right), unlike western materialistic and humanistic thought (which is captured by instability and not having an identity because of not considering the spiritual dimension of human being’s existence), considers the principle of human being’s essential greatness and honesty.

Islamic religious law based on the essential greatness of human beings, recognized some rights for him and one of these rights is ‘privacy territory right’ for each human being.

Human being thatis meant by Islam is a character that in addition to his physical and bodily dimensions has a spiritual and divine dimension to which from the spirit of God is blown.

وَنَفَخْتُ فِيهِ مِنْ رُوحِي

When I have shaped him and ran my created soul inhim fall down prostrating towards him. (Quran, 15:29)

Human being’s divine and spiritual dimension causes his distinction from other beings and grants his honesty and greatness.

The great Quran expresses human being’s superiority over other beings in this way that:

وَلَقَدْ كَرَّمْنَا بَنِي آدَمَ وَحَمَلْنَاهُمْ فِي الْبَرِّ وَالْبَحْرِ وَرَزَقْنَاهُمْ مِنَ الطَّيِّبَاتِ وَفَضَّلْنَاهُمْ عَلَىٰ كَثِيرٍ مِمَّنْ خَلَقْنَا تَفْضِيلًا

We have honored the children of Adam and carried them on both land and sea. We have provided them with good things and greatly preferred them above much of our creation. (Quran, 17:70)

Safeguarding and keeping of people’s greatness is dependent on the recognition and keeping ofone’s privacy and when a person keeps others’ privacy, he in fact respects human beings’ dignity and greatness. Based on this, Islam determined strict regulations for violation and transgression of people’s privacy and regarded that a fundamental strategy in its own criminal law.

Safeguarding of people’s privacy in Islamic laws is because Islam considers human beings as thebasic foundation of every construction and training and takes his dignity and privacy vital and necessary.

2) The Principle of no sovereignty of human beings over each other

From the perspective of Islamic religiouslaw absolute guardianship is exclusive to the Godly Being and just the unique God has the rule and sovereignty over all people’s lives, possession and affairs.

The Holy Quran in expressing the principle of monotheism insists on the divine absolute sovereignty:

وَهُوَ اللَّهُ لَا إِلَٰهَ إِلَّا هُوَۖ لَهُ الْحَمْدُ فِي الْأُولَىٰ وَالْآخِرَةِۖ وَلَهُ الْحُكْمُ وَإِلَيْهِ تُرْجَعُونَ

And he is Allah; there is no god except him. The praise is his in the former as in the latter. His is the judgment; to him youshall be returned . (Quran, 28:70)

Meanwhile the Holy Quran explicitly rejects any kind of sovereignty that its origin neither is nor divine:

إِنِ الْحُكْمُ إِلَّا لِلَّهِ ۚ أَمَرَ أَلَّا تَعْبُدُوا إِلَّا إِيَّاهُ ۚ ذَٰلِكَ الدِّينُ الْقَيِّمُ وَلَٰكِنَّ أَكْثَرَ النَّاسِ لَا يَعْلَمُونَ

He has commanded you to worship none except him. That is the right religion, yet most people do not know. (Quran 12:40)

Therefore, the necessity of this basic and obvious principle is that people have no sovereignty over eachothers’ lives, possessions and personal affairs except the case that for such sovereignty enough sensible reasons based on Islamic religious law are offered.

It is obvious that where there are doubts and ambiguities because of lack of any logical reasons or causes based on the Islamic religious law about the sovereignty over others, by referring to the general principle of human beings’ dignity, a verdict for removing of people’s sovereignty over each other must be issued as applying any illegal sovereignty of people over each other is against the principle of human being’s freedom and result in preventing him from utilizing his freedoms and natural rights and consequently is regarded transgression and cruelty to him.

In the regulations of illustrating religion of Islam, guardianship in the interdicted people and infants’ affairs named under the title of “non-litigious jurisdiction” is recognized and its basis is safeguarding their rights and observing of the public interests.

Additionally, sacred Islam religious law firstly legalized the sovereignty of Islamic governor that is the continuation of the great Prophet of Islam (S) and his pious and eligible successors in the framework and realm of Islamic religious law. Secondly, by considering special conditions for Islamic governor such as piety and his practical obligation to Islamic percepts, exerting the sovereignty puts him out of the circle of his personal interests. Thirdly, except in some cases that the public’s interests necessitate, the governor’s sovereigntyis just applied in the public area and private area is kept safe from his transgression as much as possible. Fourthly, for recognition and clarification of the public interests and prevention of any kind of illegal misusing and transgression of people’s privacy, Islamic religious law presented a definite mechanism so that Islamic governor has power of sovereignty within that defined area.

Obviously, Islamic governor’s sovereignty is resulted from the Divine Absolute Sovereignty, granted to him in a determined area andtill the time he has the required qualifications clearly, this sovereignty is applicable and as soon as he loses these qualifications, he will be deposed from automatically and his eligibility of sovereignty will be lost.

3) The principle of having no permission of interference within others’ affairs

In Islam’s legal system, prohibition of inference within people personal and privacyis taken as one of the strategic principles and according to it firstly, all people enjoy freedom of acting in their own private affairs. Secondly, any interference of others within people’s privacy is against the general principle of not interference and only the case is legal that the privacy owner demands such interference or permits others to interfere with his privacy.

The concept of interference does not necessarily mean taking a physical action but any concealed supervision and surveillance of others, investigation or inspection in people’s affairs or revealing of their secrets or deficienciesis considered as a kind of interference or transgression of their privacy and is in contrast within the principle of interference prohibition.

An obvious instance of this principle is the freedom of having opinions on Islam. The Great Quran rejects the unwilling of accepting an idea and stated:

… قَدْ تَبَيَّنَ الرُّشْدُ مِنَ الْغَيِّ …

Righteousness is now distinct from error. (Quran, 2:256)

In the area of privacy, although Islam determined individual obligations in the path of perfections and elevation for human beings, it has no interference in what they do in their privacy. When human being takes actions to present his speeches and deeds in public as an expression of his speeches and deeds in the area of society qualify for effectiveness, he is responsible for them like apostasy that due to its social effectiveness of Islam religion law there are particular decrees and verdicts for it.

4) The principle of the reverence of Muslims’ blood, possessions and honor

The Islamic religious law makes any violation or transgression of Muslims’ blood,possessions and honor illegal and according to this general regulation no one can transgress to others’ lives, possessions and reputations.

The Prophet of Islam (S) in a sermon expressed inHujjat al-Wida’a ’ (fare welling Hajj (pilgrimage to Mecca) among a large mass of Muslims, by emphasizing on this principle states: “O! Muslims, your blood (lives) and possessions are illegal for each other till the Doomsday. 1

The respectful Prophet of Islam (S) takes the reverence of Muslims’ blood,possessions and honor as the reverence ofKaaba and urged everyone to keep this reverence and mutual respect.

Safeguarding of the Muslims’ lives, possessions and reputations is of the very first rights of each member of Islam’s society and besides every one’s personal obligation for safeguarding of people’s privacy, Islamic government is obliged to take necessary strategies for protection of this obvious right and face transgressors and offender of people’s lives, possessions and reputations seriously.

It should be noted that the principle of people’s lives and reputations in an Islamic society is not exclusive to Muslims and all people living in the territory of Islamic government enjoysthis right even non-Muslims and others have no right to transgress or offend them as long as they do not plot and conspire against Muslims.

5) The principle of being private of people’s personal affairs

In the eyes of Islam, a legal norm is on privacy of people’s personal affairs and being public of theses affairs necessitates proof and reasons. Therefore, investigation and questioning in affairs related to people are not accepted and legal except the cases proved by reasons are instances within a public area andis related to society and others.

6) The principle of human beings control over his affairs

The principle of human’s ruling over his own affairsis based on a narration stated from the respectful Prophet of Islam that is accepted by all Muslims unanimously that: “People have control over their own possessions.”

Although the Prophet’s statement apparently is related to the human’s control over his possessions, according to the logical principles and most importantly this principle is not exclusive to the human’s financial rights and includes all human rights such as his divine,spiritual and non-materialistic rights. According people have control over all the affairs of their rights and lives and it necessitates that they have no right to rule over others’ rights.

The Great Quran states people’s control over their destinies and lives in this way that:

…إِنَّ اللَّهَ لَا يُغَيِّرُ مَا بِقَوْمٍ حَتَّىٰ يُغَيِّرُوا مَا بِأَنْفُسِهِمْ …

Allah does not change what is in a nation unless they change what is in themselves. (Quran, 13:11)

People’s control over his affairs even includes his privacy and any illegal and without-reason control and prevalence of others’ over people’s privacy is the breach of this important base and is against the principle of human’s complete dominance over his destiny and is not allowed for anyone.

Obviously, the area of this dominance principle just includes the legal rights of human beings and those affairs that their fulfillments require corruption and its expansion or committing prohibited actions are out this principle inclusion.

7) Wisdom and conscience verdict

Certainly, unwanted and imposed inspection and presence in people’s privacy and keeping this privacy under surveillance and investigation in people’s private affairs are of such affairs that every healthy mind and pure conscience censures and every fair and healthy human regards them sins and faults.

Note

1.Sireyeh Ibn Hesham , Vol.2, P. 603


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