Alhassanain(p) Network for Heritage and Islamic Thought

Khums

Q51: A person buys a garment for an occasion. After wearing it, he puts it away and a year passes without it being worn a second time. Iskhums obligatory on it? Likewise, (iskhums obligatory) with respect to jewelry temporarily used and then set aside for more than a year without being used?

A: If the garment is of the type customarily prepared for similar occasions in the years that follow, thenkhums is not obligatory. Otherwise, based on obligatory precaution,khums applies to it. The same situation applies to jewelry. God knows best. (MMS, p. 18, Q22)

Q52: Iskhums obligatory for furnishings that the mother prepares for her daughter [like marital gifts] when a number of years elapse before they come into use?

A:Khums is not obligatory on them if not preparing [the marital gifts] gradually damages her prestige, because it would not be easy for her to prepare them at the time of her marriage. God knows best. (MMS, p. 18, Q23)

Q53: If one year elapses on bank shares, is it obligatory to paykhums on them? If it is obligatory, thenis it based on the actual value or purchase price?

A: It is obligatory to paykhums on the actual value. (MMS, p. 34, Q67)

Q54: A person builds a house on land for which he has paidkhums . During the construction ofthis house a year or more elapses. He has spent money for one or two years while building it (the house), knowing that he does not own any home besides this one. Is it obligatory for him to paykhums for this house? If it is obligatory, then is thekhums calculation based on all the expenditures in building the house, is it based on the market value of the house or is it enough to negotiate with al-hakim al-shar'i ?

A: He should evaluate the house (excluding the land) and take outkhums on its value except with regard to the money expended in the year in which he takes up residence in it (home), for there is nokhums on it. (MMS, p. 34, Q68)

Q55: A person builds a house by borrowing money, repaying the state bank in installments. He decides to settle (with al-hakim al-shar'i ) on thekhums of the house, knowing that this house is not part of his necessary (annual) provision (ma'unah ). Is there anykhums on these installments that he has paid to the bank?

A: On the supposition of the question,khums will be applied on the house at the end of the year on the total present value (of the house) if he has paid all his loans; however, if he has paid only part of it, then it is applied to that proportion. (MMS, pp. 34-35, Q70)

Charity

Q56: Is it permissible to set aside charity money in a specific place, with the intention of charity, and then to give it to the poor? Can one change it with another currency?

A: The money does not become a recommended charity by mere separation. (MMS, p. 35, Q72)

Hajj

Q57: A man who is financially able in a particular yearis prevented from travelling because he could not obtain a visa to perform the hajj in that year. Then, he is forced to spend themoney which was set aside for hajj, after the season, to fulfill his living needs. Thereafter, he is not able to obtain the money needed to perform the hajj.

A: If he acquires the ability in later years, then hajj is obligatory for him, and if he does not acquire the ability, then it is not obligatory for him. (FM, pp. 403-4)

Q58: What if I am able to perform hajj this year while I am a student at the University or high school and it happens that the time of travelling for hajj conflicts with my final exams such that the trip for hajj would lead to my failure and loss of a school year, which causes me extreme material and emotional difficulty.

A: As long as your travel for hajj causes you extreme difficulty as you said, it is permissible for you to abandon the hajj for that year. (FM, p. 404)

Q59: From which direction should one throw pebbles atjamratu -l-'aqabah (in Mina)?

A: Stone it from the front [because it is not permissible to stone it from the back]. (FM, p. 404)

Q60: What is the ruling on one who enters the state of ihram from Jeddah, instead ofJohfah , because of ignorance?

A: If he made anadhr for the ihram in Jeddah, then his ihram is valid. (FM, p. 404)

Q61:Is one permitted aftertawaf andsa'y , to cut the hair (taqsir ) of someone else who has requested him to do so, before cutting his own?

A: It is not permissible for one to attend to thetaqsir of others before his own. (FM, p. 404)

B -Mu'amalat

1. Interest (Riba )

Q62: What is the ruling on depositing money in banks sponsored by Muslim and non-Muslim governments, with the stipulated condition of receiving interest?

A: Depositing in banks of non-Muslim countries is permissible in every case, even if it is under the stipulated condition of obtaining interest. As for depositing in government banks of Muslim countries under the stipulated condition of obtaining interest, then itis prohibited .But , if it is without this condition, then the issue is free of interest (riba ) but it is not permissible to spend the acquired money without referring to al-hakim al-shar'i or his representative. (FM, p. 405)

Q63: Is there a difference here between the principal andinterest which the banks (in Muslim countries) give to the depositor?

A: No, there is no difference between them. Oneis not permitted to spend from anything taken from government banks in Muslim countries except by referring to al-hakim al-shar'i or his representative. (FM, p. 405)

Q64: If I knowthat the bank will give me interest even without stipulating the conditions, is it permissible for me to deposit in a savings account that takes the form of a term-deposit?

A: Yes, it is permissible, as long as you do not stipulate the conditions of interest. (FM, p. 406)

Q65: Is it permissible to take interest from unbelievers, especially for those who live in their countries?

A: Yes, apparently oneis allowed to take interest from the unbelievers, whose property is not honored. God knows best. (MMS, p. 27, Q49)

Q66: A national bank (in a Muslim country) offers a project to its clients in which a person deposits a sum of money in the order of 1,000dirhams as adeposit which can be withdrawn at any time. It announces that after aperiod of time , a lottery will be drawn and the bank will grant a specific gift to the investors. Is it permissible to deposit with this intention?

A: Depositing with the condition of a gift is usury and therefore prohibited. By conditionis meant to make the deposit with the requirement that the bank should give the gift.But the mere knowledge that the bank will grant it (gift) does not harm the permissibility of investing and the lawfulness of the granted gift. God knows best. (MMS, p. 36, Q76)

Q67: A person does not own a house to reside in. Is it permissible for him to borrow from government banks with interestfor the purpose of building his own house?

A: It is not permissible to borrow with the condition of interest for any reason, but it is permissible to take the money from it (bank), though not with the intention of a loan, and to legitimizeits spending by referring to al-hakim al-shar'i or his representative. (FM, pp. 406-7)

Credit Cards

Q68: Some banks distribute cards free of charge or for a defined price such that:

1. It is possible to withdraw any amountfrom the bank without interest except for service charges for the bank machine .

2. If he (user) delays repayment by a month, then he is charged interest under the title of "late payment" and similar items.

What is the ruling for this in the event where repayment is delayed or otherwise?

A: There is no objection to withdrawing the amount with the intention of "unknown owner" (majhul al-malik ), and not as a loan; it can be corrected by obtaining permission as mentioned in response No. 69 (see next page). The person's knowing that the bank will demand repayment of the principal and interest does not impair this, and when the bank requests it (repayment), itshould be made to it. (MMS, p. 31, Q61)

Q69: Do you not give your followers (muqallids ) a general authorization to dispose of and deal with "unknown owner's" property, and other transactions in it, by taking possession of the money from government or jointly-owned (private and government) banks without having to refer to al-hakim al-shar'i or his representative to rectify it, for the ease and facility for the believers? May Allah support and honor you.

A: Yes, we have allowed the believers -- may they succeed in attaining the Exalted Allah's pleasure -- to accept, through legal means from government or jointly-owned institutions, by taking possession of it (property) on behalf of those commissioned among the poor with the intention of performing acts of charity upon them (the poor). Then, they (the believers) can own it for themselves. This applies to salaries and the like. As for interest and the like, they are allowed to own half of it along the lines outlined, on the condition that they give in charity (sadaqah ) the other half to thereligiously-devout poor. (MMS, pp. 32-33, Q65)

Buying and Selling Shares

Q70: What about buying and selling the shares of incorporated companies or others?

A: It is permissible to buy and sell shares of any kind of corporation on the condition that the transactions of this company do not engage in prohibited activities such as dealing in intoxicants or interest (riba ). (FM, p. 408)

Insurance Policies

Q71: What about insurance policies for people on their life or for other unforeseen events or for properties such as airplanes, cars, ships, or for fire or drowning, etc?

A: All of them are valid and there is obligation on both parties. (FM, p. 409)

Copyright

Q72: If the phrase "rights of publication are reserved to the author or publisher"is written on some publications, is it obligatory to abide by the content of this phrase?And with the supposition that it is mandatory, is it permissible to print them (publications) if public welfare or religious betterment depends on it?

A: Abiding byit (the phrase) is not obligatory, but it is preferable to seek permission, especially from the author. God knows best. (MMS, p. 28, Q55)

Found Property

Q73: Property that I find in public places like the street, market, airport, train station,harbor or taxi and whose owner I am sure there is no possibility of finding.

A: Give it to charity on his behalf. (FM, pp. 420-21)

Q74: What if a child finds a big sum of present-day currency?

A: If there is no particular description that would make it possible to find its owner and return it to him, then the guardian of the child is permitted to take it and keep it for him. Otherwise, it is obligatory to find out who (the owner) is asI mentioned to you in a previous dialogue. (FM, p. 421)

Working, Selling or Presence in Places that Sell Non-Ritually Slaughtered Meat, Alcoholic Beverages and Pork

Q75: Is it permissible for a Muslim to cook that whichwas not slaughtered in the Islamic manner, knowing that he has no connection to selling or serving it? What is the ruling with respect to serving food that is ritually impure [not slaughtered in the Islamic manner] or conveying it to non-Muslims? Is there a difference in this between pork and other things?

A: There is no objection to cooking that whichis not slaughtered in the Islamic manner or serving it to those who regard it as lawful. However, it is problematic to sell it to them.But there is no objection to taking the money in return for the Muslim seller's relinquishment of his right over it (foodstuff).Alternatively, by rescuing (istinqadh ) it (i.e. money from a non-Muslim). As for pork, it is problematic to serve to those who regard it as lawful and without a doubt disallowed for sale. God knows best. (MMS, pp. 12-13, Q8)

Q76: Is it permissible for a Muslim to work in a restaurant that serves meat thatis not slaughtered in the Islamic manner?

A: Its permissibility isnot unlikely in the case where it is being served to one who considers it lawful. Rather, it is absolutely (permissible) as long as the status of the meatis made known to him, if there is a possibility of influencing him to avoid its consumption. If not, it is not obligatory. (MMS, p. 23, Q36)

Q77: Is it permissible to work in a restaurant that serves pork and alcoholic beverages? If it is not permissible, does the ruling also apply to washing dishes and similar things there?

A: Serving alcoholic beverages to othersis prohibited even if the one to whom they are served considers them lawful. It is the same for washing dishes if they serve the purpose of drinking alcoholic beverages in them or serving them (the dishes) to the drinker. The permissibility of serving pork to someone who considers it lawful isnot unlikely although selling it is without a doubt disallowed.And a Muslim hiring himself out for a forbidden task is rendered invalid and the taking of wages for this is prohibited. There is no objection to taking possession (of money) in return for work done as a means of rescuing it from someone whose wealthis not honored . (MMS, p. 22, Q34)

Q78: Is it permissible for a Muslim to work in shops that sell alcoholic beverages or in places of entertainment without serving alcoholic beverages or doing other forbidden things, such as cleaning dishes or arranging the chairs and similar activities?

A: This is not permissible in shops that sell alcoholic beverages and, based on obligatory precaution, he shouldrefrain also from places of entertainment. (MMS, pp. 23-24, Q38)

Q79: Is it permissible for a Muslim to work in a grocery store that sells alcoholic beverages in one of its corners if his job is only that of a cashier?

A: It is permissible to accept the value of (commodities) other than alcoholic beverages, and likewise the value of alcoholic beverages, if both the buyer and seller are non-Muslims. (MMS, p. 25, Q44)

Q80: What is the ruling on the wages that a worker claims from these kinds of restaurants?Are they considered to be from property that is mixed with the unlawful, as it in fact is; or are they considered lawful for the worker since the wages are for lawful work?

A: With regard to wages that a Muslim receives from non-Muslims in return for work that they (non-Muslims) consider lawful, the ruling is that they are lawful even if he has acquired them through unlawful transactions according to ourshari'ah , so long as these (transactions) are lawful for them (non-Muslims), like selling alcoholic beverages and pork to non-Muslims.And these kinds of wages are not considered to be mixed with the unlawful on whichkhums is obligatory. (MMS, p. 23, Q37)

Q81: Is it permissible for a Muslim to be present in gatherings where alcoholic beveragesare served ?

A: Eating and drinking in these gatheringsis prohibited . As for mere presence, its prohibitionis based on obligatory precaution. There is no objection to it if the aim is to prevent others from reprehensible actions, if one is able to do so. (MMS, p. 25, Q43)

Q82: Selling the meat of inedible animals like rabbit to those whose school of law (madhhab ) permits its consumption.

A: It is permissible. (FM, p. 412)

Shopping

Q83: Is it permissible for a person to buy from shops owned by Hindus if he knows that their owners help their community against the Muslims?

A: It is not permissible if this contributes in their aggression against the Muslims. God knows best. (MMS, p. 18, Q20)

Imported Meat, Fish,Cheese andGelatine

Q84: Is it permissible to eat,buy and sell imported chickens from Muslim countries on which is written the phrase "slaughtered in the Islamic manner"?

A: It is permissible for you to eat, buy and sell them as long as you do not know that they were not slaughtered (in the Islamic manner), whether the previously mentioned phrase is written on them or not. (FM, p. 413)

Q85: And if these (chickens)are imported from non-Muslim countries and written on them is the phrase "slaughtered in the Islamic manner"?

A: It is not permissible for you to eat them if you are not confident that they have truly been slaughtered in the Islamic manner and not just claimed to be. (FM, p. 413)

Q86: The bodies of some types of fishare not fully covered with scales. Is it permissible to eat them?

A: Yes, it is permissible for you to eat them if they have but a single scale. (FM, p. 414)

Q87: Is it permitted for us to eat canned fish imported from some European countries and America when we are notabsolutely sure of its lawfulness from two perspectives? First, we are not sure of the presence of scales, although the name of the fish indicated on the can wrapping is from those that have scales. The exporting countries for these types of canned items follow the strict laws enforcing the agreement between the item description on the packaging and the actual contents of the can. Second, we do not know about the certainty of its (fish) having been captured outside the water alive or of its having died in the fishing net. However, it is known that such fish are caught by modern fishingvessels which allow the extraction of the fish from the water in a live state, and it is very rarely mixed with any dead (fish).

A: If one can be confident as to its lawfulness -- even with the two observations above -- then one is permitted to eat it; if not, it is not permissible. (FM, p. 414)

Q88: What about imported cheese from non-Muslim countries, ifI do not exactly know the way it was made and its ingredients?

A: It is permissible for you to eat it. (FM, pp. 413-14)

Q89: (In the case of) imported cheese from non-Muslim countries, if itis known to contain rennet (anfahah ) from a calf or a young goat, or an animal enzyme, is it permissible to consume it?

A: There is no objection if it contains the first two, and likewise for the third (animal enzyme) if it is consumed; unless it is known that it was taken from one that was not slaughtered in the Islamic manner. God knows best. (MMS, p. 17, Q18)

Q90:Gelatine substanceis normally made from the bones of a cow. If itis taken from animals not slaughtered in the Islamic manner, with the knowledge that it is not permissible to eat it, is it ruled to be ritually pure for external usage?

A: Yes, because the bone is from the part in which life does not dwell; therefore, it is ritually pure, even if it were from a dead (animal). God knows best. (MMS, p. 36, Q75)

Meat from Muslim Markets

Q91: Here there are many restaurants in the Muslim markets that offer meat to their customers.

A: It is permissible for you to eat their meat. (FM, p. 414)

Q92: . even without asking the owner of the restaurant about it?

A: Yes, it is permissible for you to eat it and there is no need to ask the owner of the restaurant about it, just as there is no need to ask about the religion of the employees in the restaurant. (FM, p. 414)

2. MarriageAnd Divorce

Q93: Civil divorce between a man and a womanis finalized according to Western laws, but the man refuses to grantshar'i divorce or provide maintenance to his wife, and refuses to acceptshar'i mediation. What is the position of the wife knowing that her patience in this situation is absolutely a cause of hardship?

A: Her case should be taken to al-hakim al-shar'i or his representative who would advise the husband to abide by one of the two options -- either he provide maintenance or implement theshar'i divorce -- even if it is through a representative other than himself. If he refuses both options and it is not possible to provide maintenance for her from his property, then the hakim or his representative can divorce her. (MMS, p. 26, Q47)

Q94: Is it permissible to have a sexual relationship without ashar'i contract with women who are unbelievers from People of the Book, or without a religion, knowing that the government and state of their country are in a state of war with the Muslims, either directly or indirectly?

A: That is not permissible. (MMS, pp. 26-27, Q48)

Masturbation

Q95: You mentioned in a previous dialogue that masturbationis forbidden . Are the male and female alike in this ruling?

A: Yes. As itis forbidden for the man to titillate his genitalia until he ejaculates, so too it is not permissible for the woman to titillate her genitalia to orgasm. (FM, p. 431)

Q96: Certain illnesses require that the doctor may request the patient's semen for examination, and discharging it by theshar'i way is difficult because itmust be discharged in the presence of the doctor.

A: If the patient is in dire need to do so, then heis allowed . (FM, pp. 431-32)

Q97: If a person desires to test his ability to have children and the doctor asks him to discharge the semen to examine it.

A: As long as he is not obliged to do that, it is not permissible for him to masturbate. (FM, p. 432)

Q98: A man cannot impregnate [sterile] and asks the doctor to determine the reason for his sterility through an examination of his sperm. The emission (of such semen)is obtained by the use of an instrument attached to his genitals and, by its movements, causes a discharge. Is this to beconsidered as masturbation and thus forbidden, or is it allowed for the purpose of the examination?And does it matter whether the patient is in difficulty or is acting out of necessity?

A: Yes, itis considered as masturbation. Itis not allowed unless the examination requires it. It is equally so for reliance upon that except under the previous two situations [difficulty and necessity], assuming, as does your question that some definitive result can be determined from it. God knows best. (MMS, p. 14, Q11)

Sexual Fantasy

Q99: Thinking intentionallyabout women other than one's wife with an image in mind of having sexual intercourse, if the penis becomes erect without discharge of semen .

A: Itis not prohibited if it does not lead to a forbidden act. (FM, p. 431)

Looking at non-mahram Women

Q100: Thesedays women go out on public streets while some parts of their body that should be covered are exposed. Is it permissible to look at them without lust and sexual pleasure?

A: Yes, this is permissible if they do not desist from exposing themselves if asked to do so. (FM, p. 430)

Mixed Swimming Pools

Q101:Is a Muslim permitted to go to mixed swimming pools [men and women] without a suspicious motive, especially when they (women) remove the dress of modesty from themselves and would not desist if asked to do so?

A: Although looking without a suspicious motive and lust at those who are scantily dressed and would not desist if asked to do so is permissible, presence in these places of moral depravity isabsolutely not permissible based on precaution. (MMS, p. 25, Q45)

Statues, Portraits and Films

Q102: Is it permissible to make a statue in the shape of a human being or an animal?

A: [No, it is not permissible]. (FM, p. 410)

Q103: What about drawing of human or animal portraits that are not three-dimensional?

A: It is permissible. (FM, p. 410)

Q104: What about buying and selling statues of human beings and animals, and displaying them for decoration?

A: It is permissible as well. (FM, p. 410)

Q105: Some students of the faculty of fine arts study sculpturing and similar things relating to corporeal objects of creation that possess souls. If they refuse to participate in making them, then theywill be prevented from passing and graduating from the faculty. Is it permissible for them to do that?

A: Being denied success if they abandon it (i.e. refuse to participate in this activity) is not an appropriate justification for committing this act [which is forbidden byshari'ah ]. (FM, p. 434)

Q106: Stuffing animals and placing them in the reception area or the living room for the purpose of decoration.

A: It is permissible (FM, p. 412)

Q107: Is it permissible to hang portraits of the Prophet (S), and Imams (a.s .) in the house? Is it correct to believe that they are their (a.s .) pictures?

A: It is permissible to hang them.But to believe that they (portraits) are in accordance with them (a.s .) is certainly a wrong belief. (FM, p. 418)

Q108: Some directors release historical films about the Prophet (S) or the Imams (a.s .). Is it permissible to represent the noble Prophet (S) before the people in his role as the Prophet (S), or to represent the Imam (a.s .) in his role as the Imam (a.s .)? If the answer is in the affirmative, is it necessary for the one representing them to be a believer (mu'min )?

A: It is permissible to represent them (a.s .) provided that it does not impugn their noble station and sacred personalities -- be it in the future -- in the eyes of the people. It is quite likely that the attributes and characteristics of the one playing the role will have some influence in this. (FM, pp. 418-19)

Hijab

Q109: Giving a film, to a non-mahram man for developing and printing, that contains pictures of women who observehijab but are unveiled (in the photos).

A: This is permissible if the one who will develop and print the pictures does not know the women pictured in the film, and such pictures are not suggestive or will not cause any attraction. (FM, p. 420)

Q110:Is she allowed to have a picture of herself taken without thehijab to place on a passport, for example?

A: If sheis forced to place the uncovered picture on her passport or other official documents, then it is permissible.But , the one who takes her picture must be her husband or hermahram . However, should the needarise, it is permissible for her to have the picture taken by a non-mahram photographer. (FM, p. 420)

Q111: How about a woman who comes out in public and the upper part of her feetare exposed to the sight of non-mahram ?

A: This is not permissible for her. (FM, p. 430)

Q112: Somehusbands who are not religiously committed demand that their wives neglect prayers, remove thehijab , serve alcoholic beverages to guests, participate in gambling games, shake hands with guests, etc., forcing them (wives) to do it if they refuse. Is it permissible for the wife to leave his house in order to preserve hershar'i obligatory duties?

A: Yes, it is permissible for the wife to leave his house at that time to the extent required by the circumstances, and in spite of that, she is entitled to full maintenance. (FM, p. 427)

Q113: A woman faithfully observes thehijab but her husband prevents her from this and gives her a choice between abandoning thehijab and divorce.

A: It is not permissible for her to abandon herhijab even if the matter ends in divorce. (FM, pp. 427-28)

Q114: But divorce would entail for some of them (women) great difficulty,distress and hardship.

A: She should endure the difficulty and hardship, and recollect His saying, the Exalted: "...and whoever is careful of (his duty to) Allah, He will make for him an outlet, and give him sustenance from whence he thinks not..." (Qur'an, 65:2-3). (FM, p. 428)

Beard

Q115: Some men shave their beard and leave some hair on the chin alone.Is this sufficient by theshari'ah ?

A: [It is not sufficient]. (FM, p. 434)

Cosmetics

Q116: It is normal these days for a woman to put on mascara and make-up, wear rings, necklaces and bracelets for beauty and then go out in front of people in the markets and streets.

A: This is not permissible for her except for mascara and ringsprovided that she is safe from falling into forbidden activities and does not intend by it to excite non-mahram men. (FM, p. 430)

Q117: Is it permissible for a woman to go out of her house for some errands perfumed, with the fragrance of her perfume reaching non-mahram men?

A: She oughtnot do that. It is not permissible if it tempts a non-mahram man or normally causes him excitement. (FM, p. 439)

Miscellaneous Rulings Pertaining to Women

Q118: Is it permissible for a woman to learn to drive a car with a non-mahram man, which necessitates being alone with him and going with him to places appropriate for practice, when these places are normally free from traffic?

A: This is permissible for herprovided that she is safe from falling into a forbidden activity. (FM, pp. 419-20)

Q119: Is it permissible for a woman to look at the parts of the body of another woman between the waist and knees with the exception of the anterior and the posterior?

A:Yes this is permissible for her if there is no physical excitement. (FM, p. 428)

Q120: Embracing and kissing of women among themselves at airports, on public streets, in parks and at markets.

A: Embracing and kissing of women among themselves is permissibleprovided that it does not lead to a forbidden act. (FM, p. 430)

Q121: Does allfluid which issues forth from a woman during the state of passion or sexual arousal require performance ofghusl for her?Or are there distinguishing characteristics for it as someulama have indicated? Does herghusl exempt her from performingwudu '?

A: It is obligatory for her to performghusl when the fluid is discharged in a state of passion without regard to other characteristics -- like languor -- and it exempts her fromwudu '. God knows best. (MMS, p. 20, Q27)

Q122: Is it permissible for a Muslim woman to display her hair in front of a non-Muslim woman?

A: That is permissible, but it is discouraged (makruh ) if it is highly probable that she (non-Muslim) will describe the beauty of the Muslim woman to her husband. (MMS, p. 35, Q71)

Q123: Following the death of a beloved, women wear black as a sign of grief and beat their faces, chests, etc.Is that permissible?

A: Yes, that is permissible. (FM, p. 439)

3. RightsOf Parents

Q124: What is the degree to which a child is obligated to obey the orders of his parents?

A: Islam makes it incumbent on the child to deal with his parents with kindness (husna ). (FM, p. 435)

Q125: Is it recommended (for a child) to obey his parents in everything, even in matters of daily life, as when the father says to his child "eat this fruit" or "sleep at 10 o'clock" or similar things?

A: Yes, thisis recommended for him (the child). (FM, p. 435)

Q126: If the father prohibits his child from doing a certain thing that may bring harm to his child if he does it, knowing that in the opinion of his child this assessment is incorrect.

A: It is not permissible to oppose the father in such a situation because he will suffer from his oppositionon account of his (the father) affection for him (the child). (FM, p. 435)

Q127: If a father says to his child: "I know that there is no danger involved in your trip, my child, but your separation from me, your absence and the distance are really hard for me to bear and cause me suffering; it is for this reason that I forbid you to travel."

Followup: Before I respond, let me ask you this question. If the child obeys his father and does not travel, will the cancellation of such a trip hurt him in any way?

Response:Absolutely not . The child will not suffer in any way, but hewill be prevented from fulfilling his wish.

A: In this case then, it is not permissible for him to go on the trip, as long as such travel causes his father suffering. (FM, pp. 435-36)

Q128: Is it permissible for the parents to utilize the wealth of their child who has not attained the age of puberty (non-baligh )?

A: It is permissible for the father if its utilization is not to the detriment of the child. As for the mother, she is not allowed to utilize his (her child) wealth without the permission of the father or paternal grandfather. If one of them permits her and it is not detrimental to the child, then it is permissible.But , if it brings harm to their child, then it is not permissible; rather, it is obligatory for them to protect his wealth until he is grown up. (FM, p. 417)

Gifts forNew-Born

Q129: Some gifts are offered to the familyon the occasion of the birth of a child, normally in the form of gold jewelry, food, or money. Are they for thenew-born or his parents?

A: The gifts differ in these cases. Some are indicated to be for thenew-born , for example, gold jewelry appropriate for the baby. Theseare meant for him. Others are of benefit to someone other than the baby, for example, food and similar items, whichare meant for the parents. It seems apparent that money placed under the pillow of thenew-born or slipped into his clothes is considered of the first category and thus belongs to the new-born himself. (FM, p. 417)

Disciplining Children

Q130: Is it permissible to beat pupils in school and is it obligatory to obtain the consent of the guardian of the pupil to be beaten?

A: It is permissible to beat pupils if they bother others or are committing forbidden acts -- but with the permission of the guardian -- three strikes [no more]. The beatingmust be done in a gentle manner such that it does not cause redness on the body, otherwisediyah will be obligatory. (FM, pp. 433-34)

4. Organ Donation

Q131: Is it permissible to donate the eye or kidney of a living human being for another?

A: It is not permissible to donate the eye. As for donating a kidney, for one who has another healthy one, it is permissible. (FM, p. 415)

Q132: Some people stipulate in their will that some organs of their bodymay be removed after death for the purpose of transplantation in the body of another human being in need of them. Is this kind of will correct, and is it permissible to excise those parts (of the body) in such a case?

A: [Certainly not. It is not correct and is not permissible] if the testator is a Muslim, except if the life of another Muslim depends on this,then it is permissible even if the donor has not made such a will.But [thediyah will be obligatory on the one who does the excision] except where it is done according to a will, in which case there is nodiyah on him. (FM, pp. 415-16)

Post-Mortem Examination

Q133: Dissection of a corpse after death, if itis done for a reasonable purpose such as criminal investigation, teaching of medicine or similar purposes.

A: It is not permissible to dissect a Muslim corpse for these kinds of reasons. The dissecting of the body of an unbeliever whose blood is not protected during his lifetime is permissible, and likewise when the protection of his blood is doubtful, if thereis noshar'i sign of it being so (protected). (FM, p. 416)

Artificial Insemination

Q134: Semenis taken from the husband and injected into his wife with a needle or by other means .

A: It is permissible as such. (FM, p. 432)

Q135: Is it permissible to inject it (semen) into a woman who is not his wife?

A: No, it is not permissible. (FM, p. 433)

Q136: The husband's sperm and the wife's eggare taken and fertilization is completed in a test-tube, then the egg is returned to the wife's womb.

A: This is also permissible as such. (FM, p. 433)

Q137a: The sperm of the husband and the egg of another woman who is not his wife are taken for fertilization,then are transferred to the wife's womb.

A: This is also permissible as such. (FM, p. 433)

Q137b: To whomis the child attributed in the latter case?To the provider of the egg or to the woman in whose womb it reached full-term. I mean, who would be his genealogical mother?

A: There are two possible responses to this question, and it is necessary to exercise precaution between both of them. (FM, p. 433)

Q138: An egg is taken from a woman and fertilized with the sperm of a man other than her husband,then it is returned to her womb.

A: It is necessary to avoid that. (FM, p. 433)

Q139: Sperm was taken from a manfor the purpose of impregnating his wife. By coincidence, the husband died and after hisdeath the sperm was implanted into the womb of his widow who bore a child. What is the ruling with respect to the status of the child and his entitlement to inheritance?

A: The child is to be attributed to the donor of the sperm, but based on this hypotheticalquestion, he does not inherit from him (the father). God knows best. (MMS, p. 15, Q14)

Abortion

Q140: It is easy to abort thefoetus in the early phase of pregnancy. Does the mother have a right to abort it?

A:Certainly not, this is not permissible except if she is harmed by the presence of thefoetus in her womb, or if its presence causes her difficulty to a degree that is not normally tolerable. (FM, p. 430)

Q141: In recent times, due to modern scientific instruments, it has become possible to know the situation of thefoetus , whether it is suffering from any physical deformity or not. If thefoetus is confirmed scientifically as being deformed and afflicted with maladies or a malady, is it permissible to abort it?

A: Deformity of thefoetus in itself is no justification for aborting it. Yes, if its presence in the mother's womb is harmful to her health or causes her difficulty to an extent thatcannot normally be tolerated , then it is permissible for her to abort it and that is before the soul enters it. After that, it isabsolutely not permissible to abort. (FM, p. 432)

Q142: In some situations, the physicians can confirm that thefoetus is afflicted with serious physical deformities which will not be treatable after birth, and it may not survive after birth, except for a short while in pain (for the child), causing toil for the parents. Then he will die. Is it permissible for the mother in such a situation to terminate (the pregnancy)? Does it make any difference if it occurs before or after the soul enters?And with the supposition that it is permissible, isdiyah obligatory and who pays for it?

A: Abortion is not permissible in situations similar to the one mentioned, even prior to the entrance of the soul. (MMS, pp. 30-31, Q60)

Table of Contents

Preface 15

Part 1 - Chapter 1 19

1. the Lexical Meaning of Sahaba 19

A. in Lexicons 19

B. in the Holy Quran 19

C. Induce the Quranic Verses for Providing for the Lexical Meaning 19

D. Lexical Aspects of the Idiom 19

2. Terminological Meaning of Sahaba 20

A. An Explanation of bn­Hajar's Definition 20

B. bn­Hajar's Estimation of this Definition 21

C. Means of Recognizing the Sahaba 21

D. The Entire People are Sahaba 21

Chapter 2 - Sunnis' Conception of the Sahaba's Ultimate Decency 24

The Sunni Scholars’ Argument Regarding this Conception 24

Tenor of Sunnis' Conception of the Sahaba's Ultimate Decency 24

Punition of Dissents of the Sahaba's Ultimate Decency Conception 25

The Mystery Beyond Such An Extreme Harshness 25

Recall 25

An Attempt for Mitigating Such A Hyperbole 25

Denying and Eradicating this Attempt 25

Effects of this Opinion of Generalization 26

Wonderment and End Result 26

Criticism of the Conception 27

Unanimity and Discrepancy 27

An Endeavor for Reconciling 27

The Benefit of Such A Classification 28

Discrimination is A Divine Norm 29

Evidence of Legal Discrimination 29

Classes of Sahaba 29

Classification Of The Sahaba As Posited By Al­Hakam In His Al­Mustedrak 30

Approach of Discrimination in Islam 31

Pillars Of Discrimination And Courses Of Decency 31

Estimating the Criteria 32

Wonderment 32

Chapter 3 - Outward Refutation of the Conception 34

First Face: Admission and Witnesses 34

Second Face 34

Prefatory Perusal 35

1st - Confusion 35

2nd - Suggestive Words 36

3rd - Protection and Covering Up 36

A Topical Refutation of the Sahaba's Ultimate Decency Conception 37

The Wonder of Wonders 38

Aspect of Annulment 38

Expatiating and Proving Aspects of Annulment 38

I. the Conception Opposes Categorical Quranic Texts 39

Manifestation Of Hypocrisy 39

Categorical Divine Judgment 39

Examples Of Contradiction Between The Holy Quran And The Sahaba's Ultimate Decency Conception 40

Explication of the 3 Examples 41

1. God's Judgment In The Three Individuals 41

2. Sunnis' Judgment Respecting The Three 41

2 The Conception Opposes the Prophet's Traditions - 6 Examples 41

A Solicitation To Scrutinizing The 6 Examples 43

3 The Conception is Contradictory to Actuality - 7 Examples 44

Explication Of The 7 Examples 46

4 The Sahaba's Ultimate Decency Conception Opposes the General Spirit of Islam, Concept of the Unforeseen End Result and Concept of Cause Finale 46

Explication of the Above Texts 48

Incoherence of the Conception 49

Remarks 49

The Sahaba's Role in Legislation 50

Chapter 4 - the Sahaba's Ultimate Decency Conception At Shias 52

1. Shias' acceding to the Sahaba 52

2. for Shias, Who are the Sahaba? 52

3. The Basic Difference Point 53

4. Shias' Supplication for Mohammed's Companions 53

The Most Well Memorized Supplication of the Shiite 53

Chapter 5 - Grounds of Consideration of Sahaba 55

Bn­Abbas describes the Sahaba before Muawiya 55

The Will of Hutheifeh­bn­Al­Yeman, the Sahabi 55

Az­Zubeir and the End Result 56

Talha and the End Result 56

Confederates Kill Each Other 56

Ammar­bn­Yasir's Satisfactory End Result 57

Muawiya's Argument 57

Muawiya Penalizes Othman's Assassinators 57

Al­Hassan Al­Basri's Impression on Muawiya 57

Muawiya's Zenith of Glories 58

Muawiya's Officials Revile At Ali 58

Chapter 6 - The Right Course to Recognizing the Decent Sahaba 59

Topical Introductory 59

Inspecting the 2 supplications 59

A wonderment 59

Prospects 59

Explication 59

The solving method 59

Obstructions Of The Solving Methods 60

Conclusive Judgment of the Sahaba's Decency - Recall and Abstract of the Views of Sunnis and Shias 60

Confusion 61

An Event for the Shariite Disclosure 62

The Entire Sahaba's Decency 62

Logical Characterization 63

Wonderment 63

Abstract 63

How should we discriminate the indecent Sahaba? 63

Submission to the Authority Nominated By the Prophet is the Clue to Decency 64

The Decent Sahaba 64

Models of the Sluggish Iraqi and Syrian Individuals 65

Those Who Complied to Muawiya 65

Part 2 - Chapter 1- The Tribal Root 67

The Impermissibility to Combine Caliphate and Prophesy 67

A. the Clans of Quraish 67

B. the Political Form 67

C. Endeavors for Shaking the Form 67

D. the Augury of Prophesy 68

E. the Declaration of Prophesy 68

F. the Hashimites' Guarding Mohammed 68

G. Not for the Favor of the Pagans, It Was Envy, and Preserving the Political Form 68

H. Not for the Favor of the Pagans, the Wars Were Due to Envy and Preserving the Political Form 69

I. the Hashemite Prophesy is An Inescapable Fate 69

J. the most enthusiast clan towards occluding the Hashemite advancement 70

K. The Preeminent Trend 71

L. The Immaculate Kinship is the Statutory Base of Caliphate 71

M. The Rebellion and the Dissipation of the Preeminent Trend 71

The literal quotation of this narrative 72

N. Statutory Ground of Intercepting the Hashemites from Joining Headship to Prophesy Conception 74

O. Effects of Practicing the Conception of Intercepting the Hashemites from Joining Headship to Prophesy 75

The First Effect 75

The Second Effect 75

The Third Effect 76

The Fourth Effect 76

Chapter 2 - Political Roots of the Sahaba's Ultimate Decency Conception 77

Islamic political system 77

A. Contradiction Between Idealism and Reality 77

B. the Islamic Political System 77

C. Pillars of the Islamic Political System 78

1st Pillar - Political Leadership 78

Purpose Of The Divine Election For Political Leadership 78

2nd Pillar - Organic Relationship Between Divine Doctrine And Selected Leaders 78

3rd Pillar - The Divine Jurisprudential Formulation 79

4th Pillar - The Commonalty's Contentment 79

Simplicity of the Islamic System 80

Political Circumstances of Inventing the Sahaba's Ultimate Decency Conception 80

Disregarding the Announced Goal for Dissenting the Legality 83

Renaissance After Inadvertence 83

Hypotheses Serving the Factuality 84

Chapter 3 - Purpose of Inventing the Sahaba's Ultimate Decency Conception 85

1. Substantiation 85

2. Immunity Against Criticism, Maligning, Reviling and Imputing Dishonor 86

3. Confronting Rivals of Muawiya and His Faction 86

4. Engaging Muslims in Discrepancies 86

Grounds of the Sahaba's Ultimate Decency Conception 87

Ahaadeeths Narrators 88

Muawiya's Merits 88

Ashafi'i's Impression on Muawiya 89

Al­Hassan Al­Basri's Saying 89

The Entire Sahaba's Ultimate Decency Conception is Having Umayid Flavor 89

Chapter 4 - The Jurisprudential Roots of the Sahaba's Ultimate Decency Conception 90

The Jurisprudential Authority 90

The Two Authorities 90

1. The Sunnis' Authority is the Entire Sahaba 91

What Is The Doctrinal Base Upon Which Sunnis Relied In Referring To The Sahaba As Legal Authority? 91

2. The Shias' Authority is the Imams and the Authentic Sahaba 91

What Is The Doctrinal Base Upon Which Shias Relied In Referring To The Imams As Legal Authority? 92

Role of the Two Authorities 92

Role Of The Authority At Sunnis 92

Role Of The Authority At Shias 93

Difference in Base is Difference in Effects 93

Numerous Authorities 95

The Doctrinal Judgment About The Variety Of Authorities 96

Cancellation Of The Doctrinal Authority Necessarily Entails Founding A Surrogate One 96

The Only Way Of Founding A Surrogate AuthorityWAS Fabricating The Entire Sahaba's Ultimate Decency Conception 97

The Conception Would Have Proved Its Failure If It Had Been Invented By Other Than The Rulers 97

The Surrogate Authority Became Legitimate 97

The Solution 98

In the Absence of the Doctrinal Authority 98

The Jurisprudential Dissent 98

Roots Of The Aggressive Prosecution Against The Prophet's Household 99

Property Of The Immaculate Kinship To The Prophet 99

Prospect Of This Property 100

Meanings Of Property Of The Immaculate Kinship 100

Functions Of The Immaculate Kinship Of The Prophet 100

Reasons Beyond Granting Property 101

Incentives 101

This Property Was Used As A Political Argument In Various Ages 101

The Rulers' Political Treatment With The Prophet's Immaculate People 103

Categories Of The Prophet's Kinship 105

Dismissal Of The Immaculate Progeny 106

Representation Of The Prophet's Progeny's Property 106

Chapter 5 - Prospects Attached to the Sahaba's Ultimate Decency Conception 107

Finding Competitive Specifications 107

A Factual Example 108

Another Factual Example 108

Expounding Upon the Previous States 108

A Striking Surprising and A Wonderment 109

Fulfillment Of The Mission 109

Finding Competitive Protection 109

In Respect of Proclamation 109

Examples on What the Sahaba Gain from the Entire Sahaba's Ultimate Decency Conception 110

Texts for Reflecting on 110

Wonderment 111

Imparting the Argument By A Medium 111

Expansion in Issuing Verdicts 112

A Principal Restraint on the Narrators 113

Part 3 - Chapter 1 - Signification of Authority 115

Coherence of Authority and Doctrine 115

Authority is A Matter of Specialization and A Technique of Thorough Experience 116

Variety of Authorities 116

Difference Between Doctrine and Authority 117

Wisdom of Effecting the Authority 117

The Authority is An Undeniable Fact 118

Chapter 2 - The Doctrine 120

Two Categories of Doctrines 120

Creating Doctrines and their Essences 120

Characteristics of the Islamic Doctrine 121

The Dogmatic Depiction 122

The Divine Jurisprudential Formulation 122

Chapter 3 - The Competent Practitioner of Nominating the Authority 124

Missions and Functions of the Authority Nominated By God 124

The Authority in the Prophet's Reign 126

The Authority After the Prophet 126

A Preliminary Review To The Actuality 127

The Need Of An Authority After The Prophet 127

Wonderments in Need of Answers 128

Chapter 4 - the Muslims' Attitudes Towards the Authority After the Prophet 129

Who is the Authority Succeeding the Prophet? 129

The Sunnis' Opinion: the Claim of the Prophet's Leaving His Nation Without Nominating A Successor Or An Authority 129

Settlement of the Claim of the Prophet's Leaving His Nation Without An Authority 130

The Prophet’s Successor According to the Sunnis' Opinion 132

For Sunnis, the Prevalent Ruler is the Authority 133

The Representative Authority 133

Congregational Authority for Sunnis 135

Roles of the Authorities for Sunnis 136

Chapter 5 - The Surrogate Authority 138

The Consummation of Installing Features of the Surrogate Authority 138

The Clamorous Encounter 138

Analysis of the Encounter 140

Parties of Encounter 140

Preliminary Results of the Encounter 140

1. Dissension 140

2. Emanation Of A New Huge Trend 140

3. Emergence Of The Ideas Of Predominance And Preferring The Follower To The Master 141

Two Similar Occurrences 142

4. Success And Mastery Of The Prevalent 143

5. Dismissing The Prophet's Immaculate Progeny 144

The New Stuff of Authority 145

Effects of Opposition 146

Chapter 6 - the Authority After the Prophet 147

Shia’s Opinion 147

A. Requisiteness of Authority 147

B. the Divine Declaration of the Authority 147

The Leader and the Authority Nominated By God 149

Reasons Beyond Hostility of Sunnis to Shias 149

Sunnis' Velocity 150

Replication on that Velocity 150

The Two Authorities 150

God is The Nominator Of The 2 Authorities 150

Shariite Proof Of God's Nominating The Individual Authority 150

A Model of the Ghadeer Declaration 152

The Doctrinal Assertion on Ali's Leadership 152

Guidance After the Prophet 153

The Attester After the Prophet 153

The Shias' Congregational Authority 153

The Fruit of the Shias' Pursuing the Doctrinal Authority 154

Part 4 - Chapter 1 155

Regulations of the Society Movement 155

Harmony and Perfection Between the Divine Doctrine and the Political Leadership 155

Qualifications of the Doctrinal Political Leadership 156

Adept At Assuring Availability of the Qualifications Involved 157

The Acceptingness of the Divine Volition 157

The Refusal of the Divine Volition 158

Varieties of Refusal of the Divine Volition 158

Chapter 2 - The Pre-Adamic Divine Preparations for Nominating the Prophet's Successor 160

Before the Birth of Adam 160

In Front of the Solicitation 160

Following the Prophesy 161

Declaring the Succession After the Declaration of Prophesy 161

Declaring and Arranging for the Heir Apparent 162

1. The Credit 162

2. The Fraternity 162

3. The Wilaya 163

Showing Loyalty and Affection to Ali is Estimated As Same As Showing Loyalty and Affection to Allah 164

The Consecutive Declarations and Arrangements for Ali's Next Leadership Were God's Mandate 164

Chapter 3 - The Wali is the Master, the Imam and the Leader 165

The Most Consequential Objective Qualifications Enjoyed By the Leader Succeeding the Prophet 166

Allah's Confidant and the Apostle's Successor is the Knight of Islam 167

Chapter 4 - Allah's Marrying His Confidant and His Apostle's Successor 169

The Good Tidings 169

The Blessed Progeny 169

The Habitation of the Prophet and His Successor 170

Ali is the Prophet's Disciple 170

Denial of the Prophet's Nominating Ali As His Inheritor 171

The Endowments Exclusively Enjoyed By the Leader and the Prophet's Successor 171

The Immunization of the Leader and the Prophet's Successor 172

Chapter 5 - Crowning Ali the Leader and the Prophet's Successor 173

1. When: the Farewell Pilgrimage 173

2. Where: Ghadeer Khum 173

The Divine Mandate of Nominating the Leader and the Prophet's Successor 173

The Verse of Tabligh 174

The Style of the Decision of Nominating the Leader and the Prophet's Successor 174

1. The Text Related By Hutheifeh­bn­Useid Al­Ghefari And Recorded in At­Tabarani's Al­Kabeer 174

2. The Text Related By Zaid­bn­Arqam 175

3. The Text Related By Al­Bera­bn­Azib 175

4. The Text Related By Sa'd­bn­Abi­Waqqas 175

5. The Text Related By Sa'd In Another Form 175

The Perception of the Decision and Receiving Congratulations 176

Texts Quoted from the Immortal Decision of Nominating Ali for the Leadership 176

The Hadith of Ghadeer and the Event of the Nomination is A Certitude 177

The Ghadeer Festivity 177

Fasting On The Day Of Ghadeer 177

Chapter 6 - The Perfection of the Religion and the Completion of the Grace By Nominating the Imam 179

The Divine Disposition of the Transference of Imamate After the Leader's Decease 180

The Specialist in Nominating the Prophet and the Imam 180

The Conscript Imam 180

The Authority in Charge of Nominating the Successor of the Prophet's Successor 181

The Wisdom of Dedicating Imamate to Mohammed's Progeny 182

People's Role in the Process of Nominating the Imam 182

Disintegration Between Actuality and Legality 183

The Legal Imams 183

Exposing the Future for the Leader and the Prophet's Successor 184

The Collapse of the Jahilite Political Form 184

Chapter 7 - the Rebellion 186

The Historical Circumstance that Helped the Rebellion Prevail and the Legality Retreat 186

A. the Clans of Quraish 186

B. the Political Form 186

C. Endeavors for Shaking the Form 186

D. the Augury of Prophesy 187

E. the Declaration of Prophesy 187

F. the Hashimites' Guarding Mohammed 187

G. Not for the Favor of the Pagans, It Was Envy, and Preserving the Political Form 187

H. Not for the Favor of the Pagans, the Wars Were Due to Envy and Preserving the Political Form 188

I. the Hashemite Prophesy is An Inescapable Fate 188

J. The Preeminent Trend 190

K. the Immaculate Kinship is the Statutory Base of Caliphate 190

L. the Rebellion and the Dissipation of the Preeminent Trend 190

The Literal Quotation Of This Narrative 191

M. the Statutory Ground of the Conception of Intercepting the Hashemites from Joining Headship to Prophesy 193

N. Effects of Practic€ing the Conception of Intercepting the Hashemites from Joining Headship to Prophesy 194

1st Effect: The Total Disappearance Of The Discrimination Between Those Who Fought Against Islam And Those Who Fought For Its Sake Till Triumph Was Achieved 194

2nd Effect: Seeding And Sheltering The Unceasing Discrepancy 194

3rd Effect: Excluding The Hashemites Particularly From Coming To Power 195

4th Effect: Confusedness 195

Chapter 8 - Introductories to the Rebellion 196

With the Prophet in His Final Disease 196

The Encounter: Parties and Preliminary Results 197

1. Dissension 197

2. The Emanation Of A New Huge Trend 198

3. Emergence Of The Ideas Of Predominance And Preferring The Follower To The Master 199

Two Similar Occurrences 199

4. Success And Mastery Of The Prevalent 201

5. Dismissing The Prophet's Immaculate Progeny 201

6. Seizure of the Power 203

1. Recollection And Reconnection Of Events 203

2. The Conclusive Success 203

The Two Choices 204

Dress of Legality 204

Chapter 9 - Aims and Objects of Al-Faruq 205

The Ideal Solution 205

Probing the Solution 205

Al­Faruq's Adopting and Developing the Saying 205

Like their Alliance Against the Prophet, People of Quraish Allied Against His Successor 206

The Quraishis Were Planning While the Hashemites Were Drowned in their Grief 207

The Punctilious Planning 207

The First Fruit Of The Planning 208

Planning for Defeating the Hashemites 208

Benefiting the Same Preponderancies for Achieving Aims 209

Equality, Opportunity and Objectivity 209

The Authority Capable of Defeating the Divinely Elected Leader, and the Flawless Cabal 210

The Saqeefa Meeting 211

Unanswerable Questions 211

Who Conveyed the News of the Meeting? 211

Two Men from the Ansar 211

Chapter 10 - Objective Analysis, and Denial of Serendipity 213

The Entering of the Three Muhajirs 215

The Purpose Beyond The Three Muhajirs' Participation 215

In the Saqeefa 217

The Greatest Humanitarian Wealth 218

The Legal Arguments of People of Saqeefa 218

The Argument of the Present Ansar 219

The Purpose of the Three Muhajirs 219

The Legal Arguments of the Three Muhajirs 220

Summary of Abu­Bakr’s Argument Provided Before the Ansar 220

Summary of Omar’s Argument Provided Before the Ansar 220

The Ansar’s Replication 220

Expectation and Substantiation 220

The Caliph Should Be One of Those Three 220

The First Declarer of Fealty 220

Nominating and Swearing Allegiance to the Caliph 221

The Reward 221

Spreading of the News of the Declaration 221

The Unequal Confrontation Between the Divinely Nominated Leader and the New Power 222

The Foremost Declarer’s Judgment 222

An Activity 222

Humiliating and Threatening the Divinely Nominated Leader for Taking His Declaration of Fealty 223

An Endeavor for Seeking Az­Zahra’s Affability 223

Abu­Bakr Aimed At Abdicating 224

The Final Situation of the Divinely Nominated Leader 224

Mystery of the Quraishis’ Rejecting Ali’s Leadership 225

Anticipating The Falling Of The Critical Matter 225

The Fair Partitioning 225

The Quraishi Clans’ Forming a Team 225

Chapter 11 - Depriving the Hashemites of their Political Rights 227

What is the Idea of Deferring the Hashemites 227

Disclosure of Hiddens 227

Al­Faruq’s Expressing the Reasons 228

Al­Faruq’s Impression on the Impracticality of the Hashemites’ Joining Leadership to Prophesy Slogan 228

The Exaggeration In Loyalty To The Slogan 229

Was The Slogan Allah’s Order? 229

What for was Al­Faruq, then, Adherent and Sincere to the Slogan? 230

Al­Faruq’s Situations Towards the Divinely Nominated Leader and the Prophet’s Household 230

On the Intersection of Courses 232

Collapses 232

The Ruling Authority And The Opposition 232

Two Choices Before the Opposition 233

Two Choices Before the Nation 233

Discrepancy of People 233

1. Sunnis 233

2. Shias 234

Notes 236

Part 1 236

Part 2 237

Part 3 240

Part 4 245

Table of Contents

Preface 15

Part 1 - Chapter 1 19

1. the Lexical Meaning of Sahaba 19

A. in Lexicons 19

B. in the Holy Quran 19

C. Induce the Quranic Verses for Providing for the Lexical Meaning 19

D. Lexical Aspects of the Idiom 19

2. Terminological Meaning of Sahaba 20

A. An Explanation of bn­Hajar's Definition 20

B. bn­Hajar's Estimation of this Definition 21

C. Means of Recognizing the Sahaba 21

D. The Entire People are Sahaba 21

Chapter 2 - Sunnis' Conception of the Sahaba's Ultimate Decency 24

The Sunni Scholars’ Argument Regarding this Conception 24

Tenor of Sunnis' Conception of the Sahaba's Ultimate Decency 24

Punition of Dissents of the Sahaba's Ultimate Decency Conception 25

The Mystery Beyond Such An Extreme Harshness 25

Recall 25

An Attempt for Mitigating Such A Hyperbole 25

Denying and Eradicating this Attempt 25

Effects of this Opinion of Generalization 26

Wonderment and End Result 26

Criticism of the Conception 27

Unanimity and Discrepancy 27

An Endeavor for Reconciling 27

The Benefit of Such A Classification 28

Discrimination is A Divine Norm 29

Evidence of Legal Discrimination 29

Classes of Sahaba 29

Classification Of The Sahaba As Posited By Al­Hakam In His Al­Mustedrak 30

Approach of Discrimination in Islam 31

Pillars Of Discrimination And Courses Of Decency 31

Estimating the Criteria 32

Wonderment 32

Chapter 3 - Outward Refutation of the Conception 34

First Face: Admission and Witnesses 34

Second Face 34

Prefatory Perusal 35

1st - Confusion 35

2nd - Suggestive Words 36

3rd - Protection and Covering Up 36

A Topical Refutation of the Sahaba's Ultimate Decency Conception 37

The Wonder of Wonders 38

Aspect of Annulment 38

Expatiating and Proving Aspects of Annulment 38

I. the Conception Opposes Categorical Quranic Texts 39

Manifestation Of Hypocrisy 39

Categorical Divine Judgment 39

Examples Of Contradiction Between The Holy Quran And The Sahaba's Ultimate Decency Conception 40

Explication of the 3 Examples 41

1. God's Judgment In The Three Individuals 41

2. Sunnis' Judgment Respecting The Three 41

2 The Conception Opposes the Prophet's Traditions - 6 Examples 41

A Solicitation To Scrutinizing The 6 Examples 43

3 The Conception is Contradictory to Actuality - 7 Examples 44

Explication Of The 7 Examples 46

4 The Sahaba's Ultimate Decency Conception Opposes the General Spirit of Islam, Concept of the Unforeseen End Result and Concept of Cause Finale 46

Explication of the Above Texts 48

Incoherence of the Conception 49

Remarks 49

The Sahaba's Role in Legislation 50

Chapter 4 - the Sahaba's Ultimate Decency Conception At Shias 52

1. Shias' acceding to the Sahaba 52

2. for Shias, Who are the Sahaba? 52

3. The Basic Difference Point 53

4. Shias' Supplication for Mohammed's Companions 53

The Most Well Memorized Supplication of the Shiite 53

Chapter 5 - Grounds of Consideration of Sahaba 55

Bn­Abbas describes the Sahaba before Muawiya 55

The Will of Hutheifeh­bn­Al­Yeman, the Sahabi 55

Az­Zubeir and the End Result 56

Talha and the End Result 56

Confederates Kill Each Other 56

Ammar­bn­Yasir's Satisfactory End Result 57

Muawiya's Argument 57

Muawiya Penalizes Othman's Assassinators 57

Al­Hassan Al­Basri's Impression on Muawiya 57

Muawiya's Zenith of Glories 58

Muawiya's Officials Revile At Ali 58

Chapter 6 - The Right Course to Recognizing the Decent Sahaba 59

Topical Introductory 59

Inspecting the 2 supplications 59

A wonderment 59

Prospects 59

Explication 59

The solving method 59

Obstructions Of The Solving Methods 60

Conclusive Judgment of the Sahaba's Decency - Recall and Abstract of the Views of Sunnis and Shias 60

Confusion 61

An Event for the Shariite Disclosure 62

The Entire Sahaba's Decency 62

Logical Characterization 63

Wonderment 63

Abstract 63

How should we discriminate the indecent Sahaba? 63

Submission to the Authority Nominated By the Prophet is the Clue to Decency 64

The Decent Sahaba 64

Models of the Sluggish Iraqi and Syrian Individuals 65

Those Who Complied to Muawiya 65

Part 2 - Chapter 1- The Tribal Root 67

The Impermissibility to Combine Caliphate and Prophesy 67

A. the Clans of Quraish 67

B. the Political Form 67

C. Endeavors for Shaking the Form 67

D. the Augury of Prophesy 68

E. the Declaration of Prophesy 68

F. the Hashimites' Guarding Mohammed 68

G. Not for the Favor of the Pagans, It Was Envy, and Preserving the Political Form 68

H. Not for the Favor of the Pagans, the Wars Were Due to Envy and Preserving the Political Form 69

I. the Hashemite Prophesy is An Inescapable Fate 69

J. the most enthusiast clan towards occluding the Hashemite advancement 70

K. The Preeminent Trend 71

L. The Immaculate Kinship is the Statutory Base of Caliphate 71

M. The Rebellion and the Dissipation of the Preeminent Trend 71

The literal quotation of this narrative 72

N. Statutory Ground of Intercepting the Hashemites from Joining Headship to Prophesy Conception 74

O. Effects of Practicing the Conception of Intercepting the Hashemites from Joining Headship to Prophesy 75

The First Effect 75

The Second Effect 75

The Third Effect 76

The Fourth Effect 76

Chapter 2 - Political Roots of the Sahaba's Ultimate Decency Conception 77

Islamic political system 77

A. Contradiction Between Idealism and Reality 77

B. the Islamic Political System 77

C. Pillars of the Islamic Political System 78

1st Pillar - Political Leadership 78

Purpose Of The Divine Election For Political Leadership 78

2nd Pillar - Organic Relationship Between Divine Doctrine And Selected Leaders 78

3rd Pillar - The Divine Jurisprudential Formulation 79

4th Pillar - The Commonalty's Contentment 79

Simplicity of the Islamic System 80

Political Circumstances of Inventing the Sahaba's Ultimate Decency Conception 80

Disregarding the Announced Goal for Dissenting the Legality 83

Renaissance After Inadvertence 83

Hypotheses Serving the Factuality 84

Chapter 3 - Purpose of Inventing the Sahaba's Ultimate Decency Conception 85

1. Substantiation 85

2. Immunity Against Criticism, Maligning, Reviling and Imputing Dishonor 86

3. Confronting Rivals of Muawiya and His Faction 86

4. Engaging Muslims in Discrepancies 86

Grounds of the Sahaba's Ultimate Decency Conception 87

Ahaadeeths Narrators 88

Muawiya's Merits 88

Ashafi'i's Impression on Muawiya 89

Al­Hassan Al­Basri's Saying 89

The Entire Sahaba's Ultimate Decency Conception is Having Umayid Flavor 89

Chapter 4 - The Jurisprudential Roots of the Sahaba's Ultimate Decency Conception 90

The Jurisprudential Authority 90

The Two Authorities 90

1. The Sunnis' Authority is the Entire Sahaba 91

What Is The Doctrinal Base Upon Which Sunnis Relied In Referring To The Sahaba As Legal Authority? 91

2. The Shias' Authority is the Imams and the Authentic Sahaba 91

What Is The Doctrinal Base Upon Which Shias Relied In Referring To The Imams As Legal Authority? 92

Role of the Two Authorities 92

Role Of The Authority At Sunnis 92

Role Of The Authority At Shias 93

Difference in Base is Difference in Effects 93

Numerous Authorities 95

The Doctrinal Judgment About The Variety Of Authorities 96

Cancellation Of The Doctrinal Authority Necessarily Entails Founding A Surrogate One 96

The Only Way Of Founding A Surrogate AuthorityWAS Fabricating The Entire Sahaba's Ultimate Decency Conception 97

The Conception Would Have Proved Its Failure If It Had Been Invented By Other Than The Rulers 97

The Surrogate Authority Became Legitimate 97

The Solution 98

In the Absence of the Doctrinal Authority 98

The Jurisprudential Dissent 98

Roots Of The Aggressive Prosecution Against The Prophet's Household 99

Property Of The Immaculate Kinship To The Prophet 99

Prospect Of This Property 100

Meanings Of Property Of The Immaculate Kinship 100

Functions Of The Immaculate Kinship Of The Prophet 100

Reasons Beyond Granting Property 101

Incentives 101

This Property Was Used As A Political Argument In Various Ages 101

The Rulers' Political Treatment With The Prophet's Immaculate People 103

Categories Of The Prophet's Kinship 105

Dismissal Of The Immaculate Progeny 106

Representation Of The Prophet's Progeny's Property 106

Chapter 5 - Prospects Attached to the Sahaba's Ultimate Decency Conception 107

Finding Competitive Specifications 107

A Factual Example 108

Another Factual Example 108

Expounding Upon the Previous States 108

A Striking Surprising and A Wonderment 109

Fulfillment Of The Mission 109

Finding Competitive Protection 109

In Respect of Proclamation 109

Examples on What the Sahaba Gain from the Entire Sahaba's Ultimate Decency Conception 110

Texts for Reflecting on 110

Wonderment 111

Imparting the Argument By A Medium 111

Expansion in Issuing Verdicts 112

A Principal Restraint on the Narrators 113

Part 3 - Chapter 1 - Signification of Authority 115

Coherence of Authority and Doctrine 115

Authority is A Matter of Specialization and A Technique of Thorough Experience 116

Variety of Authorities 116

Difference Between Doctrine and Authority 117

Wisdom of Effecting the Authority 117

The Authority is An Undeniable Fact 118

Chapter 2 - The Doctrine 120

Two Categories of Doctrines 120

Creating Doctrines and their Essences 120

Characteristics of the Islamic Doctrine 121

The Dogmatic Depiction 122

The Divine Jurisprudential Formulation 122

Chapter 3 - The Competent Practitioner of Nominating the Authority 124

Missions and Functions of the Authority Nominated By God 124

The Authority in the Prophet's Reign 126

The Authority After the Prophet 126

A Preliminary Review To The Actuality 127

The Need Of An Authority After The Prophet 127

Wonderments in Need of Answers 128

Chapter 4 - the Muslims' Attitudes Towards the Authority After the Prophet 129

Who is the Authority Succeeding the Prophet? 129

The Sunnis' Opinion: the Claim of the Prophet's Leaving His Nation Without Nominating A Successor Or An Authority 129

Settlement of the Claim of the Prophet's Leaving His Nation Without An Authority 130

The Prophet’s Successor According to the Sunnis' Opinion 132

For Sunnis, the Prevalent Ruler is the Authority 133

The Representative Authority 133

Congregational Authority for Sunnis 135

Roles of the Authorities for Sunnis 136

Chapter 5 - The Surrogate Authority 138

The Consummation of Installing Features of the Surrogate Authority 138

The Clamorous Encounter 138

Analysis of the Encounter 140

Parties of Encounter 140

Preliminary Results of the Encounter 140

1. Dissension 140

2. Emanation Of A New Huge Trend 140

3. Emergence Of The Ideas Of Predominance And Preferring The Follower To The Master 141

Two Similar Occurrences 142

4. Success And Mastery Of The Prevalent 143

5. Dismissing The Prophet's Immaculate Progeny 144

The New Stuff of Authority 145

Effects of Opposition 146

Chapter 6 - the Authority After the Prophet 147

Shia’s Opinion 147

A. Requisiteness of Authority 147

B. the Divine Declaration of the Authority 147

The Leader and the Authority Nominated By God 149

Reasons Beyond Hostility of Sunnis to Shias 149

Sunnis' Velocity 150

Replication on that Velocity 150

The Two Authorities 150

God is The Nominator Of The 2 Authorities 150

Shariite Proof Of God's Nominating The Individual Authority 150

A Model of the Ghadeer Declaration 152

The Doctrinal Assertion on Ali's Leadership 152

Guidance After the Prophet 153

The Attester After the Prophet 153

The Shias' Congregational Authority 153

The Fruit of the Shias' Pursuing the Doctrinal Authority 154

Part 4 - Chapter 1 155

Regulations of the Society Movement 155

Harmony and Perfection Between the Divine Doctrine and the Political Leadership 155

Qualifications of the Doctrinal Political Leadership 156

Adept At Assuring Availability of the Qualifications Involved 157

The Acceptingness of the Divine Volition 157

The Refusal of the Divine Volition 158

Varieties of Refusal of the Divine Volition 158

Chapter 2 - The Pre-Adamic Divine Preparations for Nominating the Prophet's Successor 160

Before the Birth of Adam 160

In Front of the Solicitation 160

Following the Prophesy 161

Declaring the Succession After the Declaration of Prophesy 161

Declaring and Arranging for the Heir Apparent 162

1. The Credit 162

2. The Fraternity 162

3. The Wilaya 163

Showing Loyalty and Affection to Ali is Estimated As Same As Showing Loyalty and Affection to Allah 164

The Consecutive Declarations and Arrangements for Ali's Next Leadership Were God's Mandate 164

Chapter 3 - The Wali is the Master, the Imam and the Leader 165

The Most Consequential Objective Qualifications Enjoyed By the Leader Succeeding the Prophet 166

Allah's Confidant and the Apostle's Successor is the Knight of Islam 167

Chapter 4 - Allah's Marrying His Confidant and His Apostle's Successor 169

The Good Tidings 169

The Blessed Progeny 169

The Habitation of the Prophet and His Successor 170

Ali is the Prophet's Disciple 170

Denial of the Prophet's Nominating Ali As His Inheritor 171

The Endowments Exclusively Enjoyed By the Leader and the Prophet's Successor 171

The Immunization of the Leader and the Prophet's Successor 172

Chapter 5 - Crowning Ali the Leader and the Prophet's Successor 173

1. When: the Farewell Pilgrimage 173

2. Where: Ghadeer Khum 173

The Divine Mandate of Nominating the Leader and the Prophet's Successor 173

The Verse of Tabligh 174

The Style of the Decision of Nominating the Leader and the Prophet's Successor 174

1. The Text Related By Hutheifeh­bn­Useid Al­Ghefari And Recorded in At­Tabarani's Al­Kabeer 174

2. The Text Related By Zaid­bn­Arqam 175

3. The Text Related By Al­Bera­bn­Azib 175

4. The Text Related By Sa'd­bn­Abi­Waqqas 175

5. The Text Related By Sa'd In Another Form 175

The Perception of the Decision and Receiving Congratulations 176

Texts Quoted from the Immortal Decision of Nominating Ali for the Leadership 176

The Hadith of Ghadeer and the Event of the Nomination is A Certitude 177

The Ghadeer Festivity 177

Fasting On The Day Of Ghadeer 177

Chapter 6 - The Perfection of the Religion and the Completion of the Grace By Nominating the Imam 179

The Divine Disposition of the Transference of Imamate After the Leader's Decease 180

The Specialist in Nominating the Prophet and the Imam 180

The Conscript Imam 180

The Authority in Charge of Nominating the Successor of the Prophet's Successor 181

The Wisdom of Dedicating Imamate to Mohammed's Progeny 182

People's Role in the Process of Nominating the Imam 182

Disintegration Between Actuality and Legality 183

The Legal Imams 183

Exposing the Future for the Leader and the Prophet's Successor 184

The Collapse of the Jahilite Political Form 184

Chapter 7 - the Rebellion 186

The Historical Circumstance that Helped the Rebellion Prevail and the Legality Retreat 186

A. the Clans of Quraish 186

B. the Political Form 186

C. Endeavors for Shaking the Form 186

D. the Augury of Prophesy 187

E. the Declaration of Prophesy 187

F. the Hashimites' Guarding Mohammed 187

G. Not for the Favor of the Pagans, It Was Envy, and Preserving the Political Form 187

H. Not for the Favor of the Pagans, the Wars Were Due to Envy and Preserving the Political Form 188

I. the Hashemite Prophesy is An Inescapable Fate 188

J. The Preeminent Trend 190

K. the Immaculate Kinship is the Statutory Base of Caliphate 190

L. the Rebellion and the Dissipation of the Preeminent Trend 190

The Literal Quotation Of This Narrative 191

M. the Statutory Ground of the Conception of Intercepting the Hashemites from Joining Headship to Prophesy 193

N. Effects of Practic€ing the Conception of Intercepting the Hashemites from Joining Headship to Prophesy 194

1st Effect: The Total Disappearance Of The Discrimination Between Those Who Fought Against Islam And Those Who Fought For Its Sake Till Triumph Was Achieved 194

2nd Effect: Seeding And Sheltering The Unceasing Discrepancy 194

3rd Effect: Excluding The Hashemites Particularly From Coming To Power 195

4th Effect: Confusedness 195

Chapter 8 - Introductories to the Rebellion 196

With the Prophet in His Final Disease 196

The Encounter: Parties and Preliminary Results 197

1. Dissension 197

2. The Emanation Of A New Huge Trend 198

3. Emergence Of The Ideas Of Predominance And Preferring The Follower To The Master 199

Two Similar Occurrences 199

4. Success And Mastery Of The Prevalent 201

5. Dismissing The Prophet's Immaculate Progeny 201

6. Seizure of the Power 203

1. Recollection And Reconnection Of Events 203

2. The Conclusive Success 203

The Two Choices 204

Dress of Legality 204

Chapter 9 - Aims and Objects of Al-Faruq 205

The Ideal Solution 205

Probing the Solution 205

Al­Faruq's Adopting and Developing the Saying 205

Like their Alliance Against the Prophet, People of Quraish Allied Against His Successor 206

The Quraishis Were Planning While the Hashemites Were Drowned in their Grief 207

The Punctilious Planning 207

The First Fruit Of The Planning 208

Planning for Defeating the Hashemites 208

Benefiting the Same Preponderancies for Achieving Aims 209

Equality, Opportunity and Objectivity 209

The Authority Capable of Defeating the Divinely Elected Leader, and the Flawless Cabal 210

The Saqeefa Meeting 211

Unanswerable Questions 211

Who Conveyed the News of the Meeting? 211

Two Men from the Ansar 211

Chapter 10 - Objective Analysis, and Denial of Serendipity 213

The Entering of the Three Muhajirs 215

The Purpose Beyond The Three Muhajirs' Participation 215

In the Saqeefa 217

The Greatest Humanitarian Wealth 218

The Legal Arguments of People of Saqeefa 218

The Argument of the Present Ansar 219

The Purpose of the Three Muhajirs 219

The Legal Arguments of the Three Muhajirs 220

Summary of Abu­Bakr’s Argument Provided Before the Ansar 220

Summary of Omar’s Argument Provided Before the Ansar 220

The Ansar’s Replication 220

Expectation and Substantiation 220

The Caliph Should Be One of Those Three 220

The First Declarer of Fealty 220

Nominating and Swearing Allegiance to the Caliph 221

The Reward 221

Spreading of the News of the Declaration 221

The Unequal Confrontation Between the Divinely Nominated Leader and the New Power 222

The Foremost Declarer’s Judgment 222

An Activity 222

Humiliating and Threatening the Divinely Nominated Leader for Taking His Declaration of Fealty 223

An Endeavor for Seeking Az­Zahra’s Affability 223

Abu­Bakr Aimed At Abdicating 224

The Final Situation of the Divinely Nominated Leader 224

Mystery of the Quraishis’ Rejecting Ali’s Leadership 225

Anticipating The Falling Of The Critical Matter 225

The Fair Partitioning 225

The Quraishi Clans’ Forming a Team 225

Chapter 11 - Depriving the Hashemites of their Political Rights 227

What is the Idea of Deferring the Hashemites 227

Disclosure of Hiddens 227

Al­Faruq’s Expressing the Reasons 228

Al­Faruq’s Impression on the Impracticality of the Hashemites’ Joining Leadership to Prophesy Slogan 228

The Exaggeration In Loyalty To The Slogan 229

Was The Slogan Allah’s Order? 229

What for was Al­Faruq, then, Adherent and Sincere to the Slogan? 230

Al­Faruq’s Situations Towards the Divinely Nominated Leader and the Prophet’s Household 230

On the Intersection of Courses 232

Collapses 232

The Ruling Authority And The Opposition 232

Two Choices Before the Opposition 233

Two Choices Before the Nation 233

Discrepancy of People 233

1. Sunnis 233

2. Shias 234

Notes 236

Part 1 236

Part 2 237

Part 3 240

Part 4 245