An Enlightening Commentary Into the Light of the Holy Qur'an Volume 10

An Enlightening Commentary Into the Light of the Holy Qur'an17%

An Enlightening Commentary Into the Light of the Holy Qur'an Author:
Translator: Sayyid Abbas Sadr-'ameli
Publisher: Imam Ali Foundation
Category: Quran Interpretation
ISBN: 9645691028

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An Enlightening Commentary Into the Light of the Holy Qur'an

An Enlightening Commentary Into the Light of the Holy Qur'an Volume 10

Author:
Publisher: Imam Ali Foundation
ISBN: 9645691028
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought


Notes:

The 20 Volumes of this book have been corrected and uploaded as you can go directly to any other volumes by just clicking on the volume numbers located on the left side.

An Enlightening Commentary into the Light of the Holy Qur'an vol. 10

From Surah al-Anbiya’ (21) to Surah al-Hajj (22)

The light of Islam has enlightened and continuing to enlighten every corner in the world and seekers of truth have closely associated to the Holy Quran which carries the Word of Allah (SWT) to humanity. With increasing focus and attention to the Holy Quran, efforts has been done to provide a pure, correct and accurate translation of this divine book. But sometimes it is difficult for the readers to understand all of the apparent and hidden meanings and it is the duty of every Muslim, man or woman, to read, understand and contemplate on the Holy Qur’an according to his own capacity. Hence, the need for proper explanation becomes obvious and necessary. The book titled,“An Enlightening Commentary into the Light of the Holy Qur’an” compiled by a group of Muslim scholars, under the direction of Ayatullah Allamah Al-Hajj Sayyid Kamal Faqih Imani is a valuable effort which presents a thorough commentary on the Quran in 20 volumes made available to the reader.

Author: Ayatullah Sayyid Kamal Faghih Imani and A Group of Muslim Scholars

Translator(s): Sayyid Abbas Sadr-'ameli

Publisher(s): Imam Ali Foundation

WWW.ALHASSANAIN.ORG/ENGLISH

Table of Contents

Introduction 8

Not All English Versions of Quran Are Acceptable9

What is a 'Commentary'?10

The Current Commentary 11

Attributes Needed for Working on This Kind of Commentary 12

The Problems in Translating 12

Translators Note13

Editor's Note14

Notes16

Acknowledgment17

Notes17

References18

Arabic, Farsi Commentaries18

English Translations of Qur'an 18

Supporting Technical References19

Phraseological and Philological Sources19

A Presentation to Muslims21

Notes22

Surah Al-’Anbiya’, Chapter 21 23

(Revealed in Mecca)23

No. 21 (112 verses in 7 sections)23

The Content of the Surah 23

The Virtue of Recitation of the Surah 23

Notes23

Section 1: Judgment Getting Nigh 24

Surah Al-’Anbiya’ - Verse 1 24

Surah Al-’Anbiya’ - Verses 2 - 4 24

Surah Al-’Anbiya’ - Verse 5 25

Explanations26

Surah Al-’Anbiya’ - Verses 6 - 7 26

Surah Al-’Anbiya’ - Verse 8 27

Surah Al-’Anbiya’ - Verse 9 29

Surah Al-’Anbiya’ - Verse 10 29

Explanations30

Notes30

Section 2: Everything in the universe belongs only to Allah31

Surah Al-’Anbiya’ - Verses 11 - 13 31

Surah Al-’Anbiya’ - Verses 14 - 15 31

Surah Al-’Anbiya’ - Verses 16 - 17 32

Explanations33

Surah Al-’Anbiya’ - Verse 18 33

Surah Al-’Anbiya’ - Verses 19 - 20 34

Surah Al-’Anbiya’ - Verse 22 34

Surah Al-’Anbiya’ - Verse 23 35

Surah Al-’Anbiya’ - Verse 24 36

Surah Al-’Anbiya’ - Verse 25 37

Surah Al-’Anbiya’ - Verses 26 - 27 37

Explanations38

Surah Al-’Anbiya’ - Verse 28 38

Surah Al-’Anbiya’ - Verse 29 39

Notes40

Section 3: Every Soul Shall Taste Death41

Surah Al-’Anbiya’ - Verse 30 41

Surah Al-’Anbiya’ - Verse 31 43

Explanations43

Surah Al-’Anbiya’ - Verse 32 43

Surah Al-’Anbiya’ - Verse 33 44

Surah Al-’Anbiya’ - Verses 34 - 35 45

Surah Al-’Anbiya’ - Verse 36 46

Surah Al-’Anbiya’ - Verses 37 - 38 46

Surah Al-’Anbiya’ - Verse 39 47

Surah Al-’Anbiya’ - Verse 40 48

Surah Al-’Anbiya’ - Verse 41 48

Notes49

Section 4: The Divine Mercy 50

Surah Al-’Anbiya’ - Verses 42 - 43 50

Surah Al-’Anbiya’ - Verse 44 50

Surah Al-’Anbiya’ - Verse 45 51

Surah Al-’Anbiya’ - Verse 46 52

Surah Al-’Anbiya’ - Verse 47 52

Surah Al-’Anbiya’ - Verses 48 - 49 53

Explanations53

Surah Al-’Anbiya’ - Verse 50 54

Notes54

Section 5: Abraham Argues Against Idolatry55

Surah Al-’Anbiya’ - Verses 51 - 52 55

Surah Al-’Anbiya’ - Verses 53 - 54 55

A Few Traditions Upon Misguidance56

Surah Al-’Anbiya’ - Verses 55 - 56 57

Surah Al-’Anbiya’ - Verse 57 57

A Few Traditions Concerning Pictures59

Surah Al-’Anbiya’ - Verses 58 - 60 59

Surah Al-’Anbiya’ - Verses 61 - 63 60

Surah Al-’Anbiya’ - Verses 64 - 65 61

Surah Al-’Anbiya’ - Verses 66 - 68 62

Surah Al-’Anbiya’ - Verses 69 - 70 63

Surah Al-’Anbiya’ - Verse 71 64

Surah Al-’Anbiya’ - Verse 72 65

Surah Al-’Anbiya’ - Verse 73 65

Explanations67

Surah Al-’Anbiya’ - Verses 74 - 75 67

Notes68

Section 6: The Apostle of Allah Delivered and Blessed70

Surah Al-’Anbiya’ - Verses 76 - 77 70

Surah Al-’Anbiya’ - Verses 78 - 79 70

Surah Al-’Anbiya’ - Verses 80 - 81 71

Surah Al-’Anbiya’ - Verse 82 72

Surah Al-’Anbiya’ - Verses 83 - 84 73

Surah Al-’Anbiya’ - Verses 85 - 86 76

Surah Al-’Anbiya’ - Verse 87 - 88 78

Some Explanations About the Life of Yunus79

1. Yunus was busy preaching among his people79

2. What Darkness Means Here?79

3. What Was Yunus’ Leaving the Better?79

4. An Instructive Lesson 79

Surah Al-’Anbiya’ - Verses 89 - 90 81

Surah Al-’Anbiya’ - Verse 91 82

A Few Points About This Verse82

Notes83

Section 7: The Righteous Shall Inherit the Earth85

Surah Al-’Anbiya’ - Verses 92 - 94 85

Surah Al-’Anbiya’ - Verses 95 - 97 87

Surah Al-’Anbiya’ - Verses 98 - 100 90

Surah Al-’Anbiya’ - Verse 101 91

Surah Al-’Anbiya’ - Verse 102 92

Surah Al-’Anbiya’ - Verse 103 92

Surah Al-’Anbiya’ - Verse 104 93

Surah Al-’Anbiya’ - Verse 105 94

A Few Traditions Upon Expecting For Mahdi97

The First Philosophy, Personal Self-Improvement100

The Second Philosophy, Social Succours101

The Third Philosophy: True Expectants May Not Assume the Corruption of The Environment101

Surah Al-’Anbiya’ - Verse 106 103

Surah Al-’Anbiya’ - Verse 107 103

Surah Al-’Anbiya’ - Verses 108 - 109 104

Surah Al-’Anbiya’ - Verses 110 - 111 107

Surah Al-’Anbiya’ - Verse 112 108

Notes109

Surah Al-Hajj, Chapter 22 111

The Feature of Surah Al-Hajj111

Surah Al-Hajj111

(The Pilgrimage),111

No. 22 111

The Contents of the Surah 111

The Virtue of Reciting the Surah 111

Notes112

Section 1: The Awful Day of Judgment113

Surah Al-Hajj - Verses 1 - 2 113

Surah Al-Hajj - Verse 3 113

Surah Al-Hajj - Verse 4 114

Surah Al-Hajj - Verse 5 114

Resurrection in the World of Fetus and Plants115

Surah Al-Hajj - Verses 6 - 7 116

Man’s Seven Stages of Life118

Resurrection of the Body 119

Surah Al-Hajj - Verses 8 - 10 120

A Few Traditions122

Notes122

Section 2: The Weak in Faith 123

Surah Al-Hajj - Verses 11 - 13 123

Surah Al-Hajj - Verse 14 126

Surah Al-Hajj - Verses 15 - 16 126

The Occasion of Revelation 127

Surah Al-Hajj - Verse 17 128

Some Points129

Surah Al-Hajj - Verse 18 131

Some Points132

Surah Al-Hajj - Verse 19 133

The Occasion of Revelation 133

Surah Al-Hajj - Verses 20 - 21 134

Some Traditions134

Surah Al-Hajj - Verse 22 135

Notes135

Section 3: Believers Shall Be Rewarded137

Surah Al-Hajj - Verse 23 137

Surah Al-Hajj - Verse 24 137

Surah Al-Hajj - Verse 25 138

Some Points139

Notes141

Section 4: Pilgrimage to the Sacred House143

Surah Al-Hajj - Verse 26 143

Surah Al-Hajj - Verse 27 144

The application of the Qur’anic phrase145

Surah Al-Hajj - Verse 28 145

Hajj as a Divine Worship 147

1- What Does ‘the Appointed Days’ Mean?147

2- Mentioning Allah in Muna148

3- The Philosophy and the Profound Secrets of Hajj148

a. The Ethical Dimension of Hajj149

b. The Political Dimension of Hajj149

c. The Cultural Dimension of Hajj150

d. The Economic Dimension of Hajj151

e. The Meat of Sacrifices in Our Time152

Surah Al-Hajj - Verse 29 153

Why Has the Ka‘bah Been Called: Bayt-ul-‘Atiq (the Ancient House)?155

Surah Al-Hajj - Verse 30 156

What is False Speech?157

Surah Al-Hajj - Verse 31 158

Surah Al-Hajj - Verse 32 160

Surah Al-Hajj - Verse 33 161

Notes162

Section 5: Regard for the Sign of Allah164

Surah Al-Hajj - Verse 34 164

Surah Al-Hajj - Verse 35 165

Some Traditions166

Surah Al-Hajj - Verse 36 167

Spend Generously When Glorifying Symbols of Allah 167

Surah Al-Hajj - Verse 37 169

Surah Al-Hajj - Verse 38 170

Notes171

Section 6: Fight in Self-Defence Permitted172

Surah Al-Hajj - Verse 39 172

Surah Al-Hajj - Verse 40 173

Surah Al-Hajj - Verse 41 175

A Few Points176

1. The Philosophy of the Holy War176

2. Whom Has Allah Promised to Help?177

3. The Righteous, the Humble, and the Helpers of Allah 178

4. What is ‘Right’ and What is ‘Wrong’?178

5. The Importance of Enjoining Right and Forbidding Wrong 179

6. Does Enjoining Right Negate Freedom?180

7. Does Enjoining Right Produce Anarchy?180

Enjoining Right is Separate from Rudeness181

Surah Al-Hajj - Verses 42 - 44 182

Surah Al-Hajj - Verse 45 183

Surah Al-Hajj - Verse 46 184

Surah Al-Hajj - Verse 47 186

Surah Al-Hajj - Verse 48 187

Notes187

Section 7: The Enticement by Satan 189

Surah Al-Hajj - Verses 49 - 51 189

Surah Al-Hajj - Verse 52 190

Surah Al-Hajj - Verse 53 191

Surah Al-Hajj - Verse 54 191

Surah Al-Hajj - Verse 55 192

Surah Al-Hajj - Verses 56 - 57 192

Notes193

Section 8: Reward For Those Who Migrate in Allah’s Cause194

Surah Al-Hajj - Verses 58 - 59 194

Surah Al-Hajj - Verse 60 195

The Occasion of Revelation 195

Surah Al-Hajj - Verses 61 - 62 196

Surah Al-Hajj - Verses 63 - 64 198

Notes200

Section 9: Allah’s Will Alone is Done201

Surah Al-Hajj - Verses 65 - 66 201

Some Points202

Surah Al-Hajj - Verse 67 203

Surah Al-Hajj - Verses 68 - 69 204

Surah Al-Hajj - Verse 70 205

Some Traditions Concerning Knowledge205

Surah Al-Hajj - Verse 71 205

A Few Traditions Concerning Polytheism 206

Surah Al-Hajj - Verse 72 207

Notes208

Section 10: The Muslims, Chosen By Allah Himself209

Surah Al-Hajj - Verses 73 - 74 209

How far and different are those weak objects of worship and this Almighty Wise Creator!209

A Point Concerning Theology 210

Surah Al-Hajj - Verses 75 - 76 211

The Occasion of Revelation 211

Surah Al-Hajj - Verse 77 213

Surah Al-Hajj - Verse 78 213

Some Traditions About Holy Struggle215

Supplication 218

Notes218

9. Inheritance

After a person's death, the transfer of his or her property, or rights, to another person by virtue of their blood relationship or some other tie,is called inheritance.

The living relative is called the "warith " (heir), the deceased is called the "muruth " (one who bequeaths), and the right is called "irth " (inheritance). The relationship between a person born of another, or that of two persons who are born of a third,is called a blood relationship (nasab ).

If the right of an heir is fixed in the Qur'an, he or she shall be counted in the category of those who receive inheritance as a matter ofobligation, otherwise he or she shall be entitled to receive inheritance by virtue of blood relationship.

In the Holy Qur'an, the chief shares are six. The description of the shares and the inheritors is as follows:

1. The half-share (nisf ):

a)the husband, provided that the wife has no son.

b)one daughter; here too the absence of a son is a condition.

c)a sister; here also the same condition applies

2. The quarter-share (rub'):

a)the husband, when the deceased wife's son inherits.

b)the wife, provided that the husband does not leave behind a son.

3. The eighth share (thamin ): the wife, when the husband leaves a son.

4. The third-share (thulth ). the mother, when there is no son; also some inheritors from the mother's side.

5. The two-thirds share: two daughters when there is no son.

6. The sixth-share (sudus ): each of the father and the mother in the presence of a son; also an inheritor from the mother's side whetherman or woman.

Those who are not included in the above settlements shall be inheritorson account of their blood relationship with the deceased, observing the rule that the share of the man is double that of the woman.

The heirs who are in a state of blood relationship with the deceasedare divided into three groups:

(i )the mother, the father, sons, daughters (or failing these, their descendants).

(ii)grandfathers , grandmothers, brothers and sisters (or failing this, their descendants)

(iii)paternal uncles and aunts, maternal uncles and aunts (or failing this, their descendants)

The universal principle is that the presence of members of group (i ) prevents members of group (ii) presents members of group (iii) inheriting. Thus, the one closer in blood-relationship acts as a barrier to the remoter, and this principle also holds within each group.

The only really significant difference between theShi'ah and Sunni schools of jurisprudence in the laws of inheritance concerns the principles of" " awl" and "ta'sib " 3. TheImamiyah jurisprudents have proved by means ofahadith from theAhlu'l-bayt (a.s .) that there is no 'awl orta'isb in the matter of inheritance.

This was also the opinion held by the great companions of the Holy Prophet. The well-known statement ofIbn 'Abbas in which he speaks against 'awl andta'sib can be taken as authoritative. There are also other grounds of proof for negating these two principles.

10. Endowments (waqf ); Gifts (nibah ) and Charities (sadaqah )

If someone owns some property and wishes to relinquish possession of it, his transference of it may be such that it is final. That is,now only will it go out of his possession, but he can never claim it back, whether, e.g., he frees a slave, or gives up possession of a house or some land to make it a place of worship, a mosque, or a place for use in pilgrimages. By such an act, the propertycan never again return to the ownership of that person again. In such a case, in fact, the item can never again be anyone's property.

On the other hand, the person may relinquish possession of someproperty which then passes into the hands of another. Such a transaction may be based on exchange or a monetarytransaction, it may be part of a peace treaty, etc.

Thirdly, he may relinquish ownership without anyexchange taking place, but solely with regard to the world to come and recompense therein. This is what is commonly known as "sadaqah ", and this is in turn divided into two parts:

a)if the property is durable and the donor's intention is that it should last and any profits from it used in good acts, it will then be called an endowment (waqf );

b)if it is not durable or the donor has not stipulated any conditions for its being permanently kept andutilised , it will then be calledsadaqah proper (charity).

Fourthly, if possession of some property is handed over to someone else withoutthere taking place any exchange and without any thought of Divine recompense (e.g. for the sake of friendship), the donation is calledhibah (gift). If, however, some exchange takes place, e.g. one man gives another his shirt on the condition that the second man gives a book to him, it is called" 'iwad " (a consideration).,If the second party accepts, the gifting will become binding and neither party will have the right to take his property back, except if they both agree to break their agreement.

It is necessary that the something gifted must be in the possession of the donor.If the gifting was without any 'iwad , the item (s) may be taken back. Naturally, this does not apply to gifts given between close relatives or between husband and wife, or if theitem(s) is (are) lost or damaged.

This contrasts with the situation in the case ofsadaqah ; for here, once possessionhas been relinquished , the thing(s) cannot be taken back. The declaration of intention to donate is enough to make the taking back unlawful. This is called thesighatu 'l-waqf , and the property then passes to the trustee, who may be the original owner himself. It may not be taken back, sold, divided, pawned, or otherwise pledged, whether it be a "waqf khass " (special endowment), for descendents, for example, or a "waqf 'amm " (general endowment), for the poor, the needy, a mosque or a school.

There are, of course, some occasions when exceptionscan be made and the trust property can be sold. This may happen, for instance, if the propertyhas become damaged , but the damage should be to an extent that prevents the property from being of any use. Thewaqf propertycan also be sold if there is serious fear of its being destroyed, in which case it should be such that no profit would accrue from it. The propertycan also be sold if there are acute differences among those who are in possession of it and there is danger of loss of life and property or loss ofhonour and respect.

In spite of all these conditions, no one can take the decision to sell the property or divide it. The decision rests entirely with thehakimu "sh-shar " (themujtahid )The hakimu 'sh-shar " alone has the right to pass the necessary decree after assessing all the prevailing conditions.But it is a pity that in the matter of endowments, people have become extremely apathetic. They pay no attention to the limitations of the Divine Law. God is aware of all their intentions and actions.

This was a brief account ofsadaqah as it is generally understood.

11. PassingJudgement (qadawah )

The rank ofqadi (judge), and that of the administrator of justice have great importance, and in fact these are ranks worthy of great respect. In theImamiyah sect, the responsibility of the judiciary is considered an adjunct of theprophethood , theimamate and the state in general.

God, the Almighty has said, "O David. We have appointed you vicegerent in the earth; so judge between the people with justice." (38:26) And again He says, "By the Lord (O Prophet), they believe not until they have set you up as their judge in all that they dispute about among themselves, and thereafter find not in their selves any vexation against what you decide, and submit with total submission." (4:65)

Theqadi and judge are thenawamisu 'th-thalathah (custodiansof three things - life, property andhonour ).

That is why there are serious dangers in this rank at every step, and if the texts of the traditions are carefully studied, we shall find that it is so exalted a rank that even the mountains seem to be insignificant before it.

Hadrat Amir al-Mu'mimin (a.s .) says, "Theqadi should be considered to be on the brink of Hell. Theqadi's tongue is between two balls of fire. OShurayh , you are sitting at a place where sitseither a prophet or his "wasiy " (successor) or else some wicked person." Itis stated in a tradition of the Prophet (s.a.w .), "If somebody is made aqadi it means that he has been slaughtered without a knife." There are many traditions of this nature.

If aruling which a "faqih " (expert in jurisprudence) deduces from proofs concerns some general principle, it is called a "fatwa"; for instance, it is unlawful to use someone else's property without his or her permission, the wife of a man is lawful to him but she is unlawful to a stranger.But if the order pertains to some particular case it is called ajudgement (qada ). for instance, "This woman is the wife." This woman is a stranger." "This isZayd's property." That is the property of such and such a person."

Whether it is a "fatwa" or a "qada ", both of them are duties of a justmujtahid who is the general proxy of the Imam.

Judgement is in fact the identification of the legal nature of points under dispute, whether they pertain to defense and accusation in a court, or to matters such as the sighting of the moon and the determination of the beginning of the month, or the administration of endowments and the determination of lineage, and it demands great wisdom and intellectual ability. In fact it is more difficult a task than issuing a "fatwa".

Now, if somebody who is devoid of these qualities undertakes to perform this duty, it will certainly do more harm than good. Accordingly, it is unlawful inImamiyah "fiqh " for anyone except a justmujtahid to undertake to perform this work. Indeed, itis regarded as one of the major sins if anyone else does do it, and the extent of its enormity borders on infidelity. Our respected teachers used to be very cautious about passingjudgements . We also follow the same line.

Judgment can only be passed on the basis of three things: (1)confession (iqrar ), (2)an oath (qasm ), or (3) two just witnesses (bayyinah ). The question of how to establish preference or priority in cases where there may be difference or contradiction between the witnesses is a matter for the section offiqh which deals with the giving of evidence,

and there is little point in going into the details here suffice it to say that the matter has been examined in great detail by our jurists and they have left many writings on it. We, also, have written a book on the subject called "Tahriru 'l-majallah ".

One who does not act in accordance with the order of the authorized "qadi " (i.e. one who fulfills all the conditions of a "qadi "), will be considered to have violated the divine commands.Also no one has the right to revise the decision of a "qadi ". Of course, theqadihimself may re-examine his judgment.

12. Slaughtering and Hunting

The basic principle inShi'ah jurisprudence concerning animals whose blood spurts4 is that they become "najis " (impure) when they die, and that it is unlawful (haram ) to eat their flesh.

There is also a division of animals into two categories: those which are impure (najis ) in essence and cannot become pure, such as the dog and the pig, and cannot therefore on no account be eaten; and those which become essentially impure if they die in any way other than as a result of hunting or slaughtering in accordance with theshari'ah , but which become pure if they are correctly hunted or slaughtered in accordance with the rules laid out below.

However, the mean of correctly killed animals of the second categorycan only be eaten provided they are not carnivorous.

There are two ways of killing animals in accordance with theshari'ah . The first is hunting.

Hunting may be in two ways.Firstly by a trained hound who obeys the orders given it and does not normally eat the animal it has killed. For his prey to be lawful, the person who released and sends the hound must be a Muslim and must pronounce "bismillah " when releasingit, and the hound should at no time leave his sight.

Secondly, hunting may be by means of a weapon, i.e. a sharp sword, spear or arrow, or the bullet of a gun. In all cases, the death must be directly due to the penetration of the weapon into the animal, and not to some side effect such as fright. The person who uses the weapon must be a Muslim and he must pronounce "bismillah " at the time of taking aim.

Ifthe animal is killed by either of the above methods , its flesh is lawful.But if the hunter gets his animal when it is still alive, he must slaughter it (see below). All other means of hunting (i.e. trap, net, etc.)are forbidden , unless, of course, the animal is taken alive and correctly slaughtered.

The second wayto lawfully kill an animal is by slaughtering it (dhabih ). The slaughterer must be a Muslim or someone under the rules of Islam such as the minor son of a Muslim. The second condition is that the instrument of slaughtering should be made of sharp metal. However, in case of necessity, any sharp implement (glass, sharp stone, etc.) which cuts the arteries clearly may be used.

In the Name of God (bismillah ) must be pronounced when the intention to slaughter isamde , and the animal must be lying with its face towards the "qiblah ". All four main blood vessels of the neckmust be completely severed above the vocal chords. (There is a special method of killing a camel called "nahr ", which may also be used for other animals when "dhabih " is not possible.

It should be noted finally that allnamilas whose blood does not spurt are unlawful (haram ) exceptfish which have scales. Ahadith of Muhammadibn Nu'man Ahwal ,Mu'min at-Taq , says, "One day I went in to see AbuHanifah .I saw there was a pile of books in front of him. AbuHanifah said, 'Do you see all these books?' I said,Yes .' He said, 'They are all to do with divorce.

' I said, God has made us free from all your books by one single verse of the Quran, "Oh Prophet, (say to the believers), 'When you divorce (your) women, divorce at their prescribed period, and reckon the 'iddah (exactly).' "He said, 'Well then, have you ever asked your friendJa'far ibn Muhammad (al-Imam as-Sadiq (a.s .)) about theseacow ?'I said, 'Yes, he said that every sea-animal with scales, even if it be a 'sea-) camel or a (sea-) cow, can be eaten, and that if it has no scales it is unlawful to eat.'" 5

13. The Nature of Foodstuffs

Animals: There are three kinds of animals - animals of the land, animals of thesea and animals of the air.

It has just been pointed out that, in general, the only animals of thesea which are lawful are those which have scales. The eggs of such fish are also lawful.

Of land animals, only a few species can be lawful the camel, the cow, the sheep or goat, the wild cow or buffalo, the mountain sheep or goat, the gazelle, the deer. The meat of horses,mules and donkeys is not approved of (makruh ). Animals which eatnajis substances, such as excrement, becomeharam , but they can be purified by "istibra "' (keepingitaway fromnajis eatables for a specific period).

All kinds ofcarnivourous animals are unlawful. Rabbits, foxes,badgers and mongooses are all unlawful. Insects,reptiles and amphibians like worms, snails, cockroaches, scorpions, wasps, bees, snakes, frogs etc. are all forbidden; only the locust can be eaten.

Among birds,those which feed on flesh such as hawks and eagles, are completely forbidden. Apart from this, the Prophet (s.a.w .) prescribed three signs in three conditions for theindentification of lawful birds:

1)if the birds are in the air, the pause in the movement of their wings, i.e. their gliding, should be less than their flapping;

2)if they are on the ground, the spurs on their claws should be visible;

3)when the bird is slaughtered, it must be found to have a crop and/or a gizzard.

Bats and peacocksare forbidden . The kind ofcrow which eats herbage is lawful, but the kind which eats carrion is forbidden.

Besides animals, there are otherthings which are for bidden to eat or drink. Theycan be classed under four headings:

1)everything which is impure (najis ) is unlawful (haram );

2)every kind of food (eatable or drinkable) which has been taken illegally isharam .

3)every kind of food (eatable or drinkable) which has deleterious effects isharam .

4)every kind of food (eatable or drinkable) which seems repulsive isharam .

Of liquids, one of the most impure is urine, but even more than that is wine (any kind of alcoholic beverage), and inImamiyah fiqh , the unlawfulness and impurity of wine is more strongly emphasized than in any other school. The traditions that have come down to us from our Imams on this subject are enough to frighten oneoff them forever.

Distillers andfermenters of alcoholic drinks,stockists , merchants and drinkers, all are cursed, and wine has been called infiqh "ummu 'l-khaba'ith " (the mother of all evils). Some traditions say it is forbidden to sit at a table on which alcoholic drinks have been laid, probablyso as to encourage people to abstaintherefrom so that their bad effects may be limited.

Today, expert scientists have confirmed by chemical tests that wine is a very destructive and harmful thing. Islam warned against alcohol thirteen hundred years ago. Today, even those who do not abstain for religious reasons do so for reasons of health. Theshari'ah of Muhammad (s.a.w .) cannot be overpraised, those who neglect it do so to their own disadvantage and peril.

14. Penology (hudud )

Under an Islamic government, certain punishmentsare prescribed for certain crimes, so that the society may be kept healthy and the roots of corruption destroyed. Some of these penalties (hudud ) are as follows according toShi'ah fiqh .

1)The penalties for adultery (zina ): If an adult, sane man knowingly and deliberately has sexual intercourse with a woman who is forbidden to him, it is then an obligation on the authorized judge to flog him with a hundred lashes; his head will be shaved and he will be forced to leave the city for a period of one year. If he is "muhsin ", i.e. he is in a position to satisfy his sexual urges in conformity with theshari'ah , he will be stoned to death as well as being given a hundred lashes.

If the woman consented, she shall, if also "muhsinah ", be stoned, and if otherwise, she shall be given a hundred lashes.If a man has sexual intercourse with a forbidden woman of his relatives (mahrum ), or with a woman who has suckled at the same breast as he was (hisrida'ih ), or with his step mother, or if adhimmah (a non-Muslim under the protection of a Muslim state) has sexual intercourse with a Muslim woman, he shall be beheaded; and the penalty is the same for rape.

The adulterycan only be proven by:

1)a confession repeated four times;

2)the witnessing of four just men that they saw him actually in the act of penetration;

3)the witnessing of three just men and two just women.

If the adultery is witnessed by two just men and four just women, it shall be deemed proven but the penalty may only be flogging,their being no capital penalty. If the evidence is less than this, itis not considered complete, and, what is more, if less than four men give evidence, they shall be punished for slander (qadhaf ). For the evidence to be accepted there must be unanimity between the witnesses, and they must all have seen the actual penetration with their own eyes.

If a man is to be stoned after a confession, but then disavows his confession, heshall not be stoned ; and if, after confession, he repents of his deed, theqadi may exercise his discretion. If he repents when four witnesses have seen his act, there will be no alteration in the penalty.

If a personis being punished for the third time for the same offence (adultery), he shall be beheaded. A pregnant Woman or a sick person must not receive his or her punishment until the baby is born or the sickness goes away,respectively .

2) The penalties for homosexualacts : The punishment for sodomy between two males (liwat ) is more severe than that for any other crime. It is the only case in which the offendermay be burnt to death. Theqadi may sentence the active partner in the act to one of four penalties: beheading, stoning to death, being thrown from a height so that his bones are all broken up,burning to death. The passive partner, if he is adult and responsible for his actions, is tobe beheaded .If he is not yet of the age of puberty, he will be given a reduced punishment (ta'zir ). The same conditions of proof hold here as in adultery.

In the female homosexual act (sihaq ), both offenderswill be given a hundred lashes. If they are married, it is not impossible for them to be stoned to death.

3) The penalty for the procurer: the procurer (qawwad ) who arranges for an unlawful sexual act to takeplace, will be given seventy lashes, his head will be shaved, and he will be expelled from the city. The proof forthis is met by the evidence of two just melt or by a confession made twice.

4) The penalty for false witnessing and slander. if someone falsely accuses a sane, adult and free Muslim of a crime for which some sentence can be inflicted, for instance, adultery, sodomy or drinking wine, then the false accuser shall be punished with eighty lashes. In case of the proof being admissible on confirmation by the accused person, the sentence against the accuser shall become void. The crimeshall be considered proved as long as there is "bayyinah )) (see above).

It is also a punishable offence for a person to call someone else with some undesirableepithet which he does not deserve, e.g. "sinner", "corrupter", "leper", etc. If someone claims to be a prophet, or curses or declares enmity with one of the fourteen pure ones (the Prophet (s.a.w .), the twelve Imams (a.s .) andHadrat Fatima), he shall be beheaded.

5) The penalty for the drunkard: the penalty forany one who avails himself of any intoxicating beverage of any kind is eighty lashes, tobe given on his or her bare neck and arms.

If someone has been punished for three times and he commits the crime a fourth time,he or she shall be beheaded. One who considers wine lawful is liable to the same punishment.

If the dealer in wine repents and leaves his profession, it is well and good, otherwise he too shall be liable to beheading.

6) The penalties for theft: if an adult and sane person steals something from a "safe" place (i.e. somewhere which is locked or firmly closed, or someplace similar) which is valued at more than a quarter of amithqal (about 1 gm - amithqal is a little over 4.5 grams 0) of pure gold, he will have the four fingers of his right hand cut after duly being sentenced by aqadi on the evidence of double confession or "bayyinah " (see above).

If he commits the crime a second time, his legwill be cut off under the knee. For the third offence, heshall be sentenced to life imprisonment.And , if he commits theft in prison, he shall be beheaded. If he has committed theft a number of times before heis subjected to the prescribed punishment, only one penalty shall be inflicted upon him.

For children andinsance people, there is nohadd onlyta'zir (a lenient punishment). The thief must invariably have to pay compensation, and for this, one acknowledgement, or the evidence and oath of one just witness is sufficient.

The "hands" of the fathershall not be cut off for stealing the property of the son.But , if, conversely, the son steals, his "hands" shall be cut off

7) The penalty for causing fear and terror (muharib ): if someone causes fear among the people in a town or in the open country or at sea and/or intimidates them for the purposes of seizing what belongs to them, theqadi is empowered to have him or her executed, crucified, to have his right hand and left foot cut off, or to have him banished from the country.

God, the Most High, has said, "The recompense of those who war against God and His Messenger, and strive in the land spreading corruption, is only that they be slain or crucified or their hands and their feet should be cut off, from the opposite sides, or be banished from the land." (5:33)

In case of banishment, the people of the place to which the culprit has been deported must be informed in writing, so that they may refuse him entry to their meetings, to their meals, etc.,till he repents.

The thief who attacks a house is also a "muharib ". If heis killed , his blood will be considered shed with impurity.

If someone attacks the modesty of a woman or her child, these latter have the right of self-defence . If the assailant is killed in the struggle,( his blood too will have been shed with impunity. Thugs,ruffians and false witnesses (excluding those in 4 above) are liable to reduced punishment. The judge can give them any appropriate punishment.

8) Sundry penalties: anyone who perpetrates an indecent act with a quadrupedshall be given a less severe punishment. If he persists in his activities, hemay be executed . The meat of the animal (if it is a lawful animal)will become forbid den, and it must be slaughtered and its body burnt. In case it belongs to someone other than the perpetrator of the act, hemust be awarded the cost of the cost of the animal. If the animal is of doubtful ownership,it should be decided by lots .

If the animal is in any case unlawful, itmust be sold in another city, and the price obtained given in charity. If the animal belongs to another, hemust be suitably recompensed for his loss. The evidence of two just persons or a double confession is sufficient to prove guilt.

A person who has sexual intercourse with a dead bodyshall be dealt with as if it were alive; rather, the punishment will be even more severe. In the case of it being the body of his wife or slave girl, the punishment will be milder. The proof for this is the same as is required for adultery.

A person who indulges in masturbation also deserves a mild punishment.

Asfar as is possible, every person has the right to defend his own person as well as his property and the persons of his family.But he should start by adopting less severe measures, and he should only increase his precautions if necessary.

If someone looks without permission into someone else's house and the dwellers pelt him with stones causing his death,do penalty may be extracted from them, and his blood is considered shed with impunity.

Murder is the greatest sin and the greatest social crime. "And whose slays a believer willfully, his recompense is Hell, therein dwelling forever, and God will bewroth with him and will curse him, and prepare for him a mighty chastisement." (4:93) Crimes against the person, whether it causes death, loss of a part of the body, or not,can be divided into three kinds:

1)premeditated or willful,

2)similar to (1),

3)by accident.

First, (1), premeditated or willful, needs no explanation. (2)means that the attacker took the initiative, but did not intend to kill. For example, someone beats someone else as a warning, but this results in death, or a personis given some medicine to cure him, but it ends his life. (3)accidental means that there is neither any intention nor any initiative, yet someone is killed; for instance, somebody is aiming at a bird and, by mistake, a human being becomes the victim, or a man is lifting his gun and it accidentally goes off and kills somebody.

More clear examples are the actions of a man who is sleep walking, of an unconscious person, of a mad man or of an innocent child.

It must be clearly observed that as far as the crime and its punishment is concerned, there is no difference between the actual committer of the crime and the person who devised and ordered it to be done; nor does it make any difference if the crime is committed by one or many.

Retaliation (qisas ) applies only in the case of willful or premeditated murder or injury. In (2) and (3) there are only compensation (diyah ). There can be no retaliation from the child or the lunatic, norcan there be any retaliation if the murdered person is a child or a lunatic. An adult who kills a child is subject only to the deliverance of compensation. However, some jurists are of the opinion that there is retaliation here,and also for the killing of a lunatic.

Another condition for retaliation is that the culpritwas not compelled or under constraint, although this does not apply in the case of death, for in a matter of murder, there is no "taqiyah " (dissimulation). It is also necessary that the person murdered by "without sin", i.e. not someone whose death is permitted by theshari'ah .

There is no retaliating against the father, the grandfather or the great-grandfather, if they murder their son,grandson or great-grandson, only compensation. A Muslim is subject to retaliation only in the case of the murder of another Muslim. Likewise, retaliationshall be taken against the freedman only for the murder of a freedman.

The blood money or compensation for a free Muslimis: a hundred camels, or two hundred cows, or a thousand sheep, or two hundred items of clothing, each consisting of two parts, or a thousand dinars. If the heirs of the murdered person agree to take the compensation, retaliationis voided , and the murderer must pay the compensation within one year. In (2), the period for payment is two years. In (3), the period is three years, with a third being payable each year.

In cases of parts of the body, retaliationcan be extracted if the action was deliberate. The retaliation is like for-like, i.e. an eye for an eye, an ear for an ear, and a tooth for a tooth.

If the crime is of kinds (2) or (3), there are special compensations: some equivalent to the whole compensation for a man (i.e. 1000 dinars), some a half, and some less than a half. In general, organs and parts of the body which occur singly, such as the nose or the penis, demand the whole compensation, those which occur in twos demand half the compensation (i.e. two hands demand the whole compensation). In (1) and (2) the compensationmust be paid by the culprit himself, but in (3) it may be paid by his 'aqilah (certain near relatives on the father's side).

If the reader is interested, he or she may consult the extensivebooks which deal with this topic for further details. However, since it was our intention to deal with, matters only briefly, we have left out a great many things.

Our purpose was to give a few examples, so that our aimmight be made clear with only a few references.

www.alhassanain.org/english

9. Inheritance

After a person's death, the transfer of his or her property, or rights, to another person by virtue of their blood relationship or some other tie,is called inheritance.

The living relative is called the "warith " (heir), the deceased is called the "muruth " (one who bequeaths), and the right is called "irth " (inheritance). The relationship between a person born of another, or that of two persons who are born of a third,is called a blood relationship (nasab ).

If the right of an heir is fixed in the Qur'an, he or she shall be counted in the category of those who receive inheritance as a matter ofobligation, otherwise he or she shall be entitled to receive inheritance by virtue of blood relationship.

In the Holy Qur'an, the chief shares are six. The description of the shares and the inheritors is as follows:

1. The half-share (nisf ):

a)the husband, provided that the wife has no son.

b)one daughter; here too the absence of a son is a condition.

c)a sister; here also the same condition applies

2. The quarter-share (rub'):

a)the husband, when the deceased wife's son inherits.

b)the wife, provided that the husband does not leave behind a son.

3. The eighth share (thamin ): the wife, when the husband leaves a son.

4. The third-share (thulth ). the mother, when there is no son; also some inheritors from the mother's side.

5. The two-thirds share: two daughters when there is no son.

6. The sixth-share (sudus ): each of the father and the mother in the presence of a son; also an inheritor from the mother's side whetherman or woman.

Those who are not included in the above settlements shall be inheritorson account of their blood relationship with the deceased, observing the rule that the share of the man is double that of the woman.

The heirs who are in a state of blood relationship with the deceasedare divided into three groups:

(i )the mother, the father, sons, daughters (or failing these, their descendants).

(ii)grandfathers , grandmothers, brothers and sisters (or failing this, their descendants)

(iii)paternal uncles and aunts, maternal uncles and aunts (or failing this, their descendants)

The universal principle is that the presence of members of group (i ) prevents members of group (ii) presents members of group (iii) inheriting. Thus, the one closer in blood-relationship acts as a barrier to the remoter, and this principle also holds within each group.

The only really significant difference between theShi'ah and Sunni schools of jurisprudence in the laws of inheritance concerns the principles of" " awl" and "ta'sib " 3. TheImamiyah jurisprudents have proved by means ofahadith from theAhlu'l-bayt (a.s .) that there is no 'awl orta'isb in the matter of inheritance.

This was also the opinion held by the great companions of the Holy Prophet. The well-known statement ofIbn 'Abbas in which he speaks against 'awl andta'sib can be taken as authoritative. There are also other grounds of proof for negating these two principles.

10. Endowments (waqf ); Gifts (nibah ) and Charities (sadaqah )

If someone owns some property and wishes to relinquish possession of it, his transference of it may be such that it is final. That is,now only will it go out of his possession, but he can never claim it back, whether, e.g., he frees a slave, or gives up possession of a house or some land to make it a place of worship, a mosque, or a place for use in pilgrimages. By such an act, the propertycan never again return to the ownership of that person again. In such a case, in fact, the item can never again be anyone's property.

On the other hand, the person may relinquish possession of someproperty which then passes into the hands of another. Such a transaction may be based on exchange or a monetarytransaction, it may be part of a peace treaty, etc.

Thirdly, he may relinquish ownership without anyexchange taking place, but solely with regard to the world to come and recompense therein. This is what is commonly known as "sadaqah ", and this is in turn divided into two parts:

a)if the property is durable and the donor's intention is that it should last and any profits from it used in good acts, it will then be called an endowment (waqf );

b)if it is not durable or the donor has not stipulated any conditions for its being permanently kept andutilised , it will then be calledsadaqah proper (charity).

Fourthly, if possession of some property is handed over to someone else withoutthere taking place any exchange and without any thought of Divine recompense (e.g. for the sake of friendship), the donation is calledhibah (gift). If, however, some exchange takes place, e.g. one man gives another his shirt on the condition that the second man gives a book to him, it is called" 'iwad " (a consideration).,If the second party accepts, the gifting will become binding and neither party will have the right to take his property back, except if they both agree to break their agreement.

It is necessary that the something gifted must be in the possession of the donor.If the gifting was without any 'iwad , the item (s) may be taken back. Naturally, this does not apply to gifts given between close relatives or between husband and wife, or if theitem(s) is (are) lost or damaged.

This contrasts with the situation in the case ofsadaqah ; for here, once possessionhas been relinquished , the thing(s) cannot be taken back. The declaration of intention to donate is enough to make the taking back unlawful. This is called thesighatu 'l-waqf , and the property then passes to the trustee, who may be the original owner himself. It may not be taken back, sold, divided, pawned, or otherwise pledged, whether it be a "waqf khass " (special endowment), for descendents, for example, or a "waqf 'amm " (general endowment), for the poor, the needy, a mosque or a school.

There are, of course, some occasions when exceptionscan be made and the trust property can be sold. This may happen, for instance, if the propertyhas become damaged , but the damage should be to an extent that prevents the property from being of any use. Thewaqf propertycan also be sold if there is serious fear of its being destroyed, in which case it should be such that no profit would accrue from it. The propertycan also be sold if there are acute differences among those who are in possession of it and there is danger of loss of life and property or loss ofhonour and respect.

In spite of all these conditions, no one can take the decision to sell the property or divide it. The decision rests entirely with thehakimu "sh-shar " (themujtahid )The hakimu 'sh-shar " alone has the right to pass the necessary decree after assessing all the prevailing conditions.But it is a pity that in the matter of endowments, people have become extremely apathetic. They pay no attention to the limitations of the Divine Law. God is aware of all their intentions and actions.

This was a brief account ofsadaqah as it is generally understood.

11. PassingJudgement (qadawah )

The rank ofqadi (judge), and that of the administrator of justice have great importance, and in fact these are ranks worthy of great respect. In theImamiyah sect, the responsibility of the judiciary is considered an adjunct of theprophethood , theimamate and the state in general.

God, the Almighty has said, "O David. We have appointed you vicegerent in the earth; so judge between the people with justice." (38:26) And again He says, "By the Lord (O Prophet), they believe not until they have set you up as their judge in all that they dispute about among themselves, and thereafter find not in their selves any vexation against what you decide, and submit with total submission." (4:65)

Theqadi and judge are thenawamisu 'th-thalathah (custodiansof three things - life, property andhonour ).

That is why there are serious dangers in this rank at every step, and if the texts of the traditions are carefully studied, we shall find that it is so exalted a rank that even the mountains seem to be insignificant before it.

Hadrat Amir al-Mu'mimin (a.s .) says, "Theqadi should be considered to be on the brink of Hell. Theqadi's tongue is between two balls of fire. OShurayh , you are sitting at a place where sitseither a prophet or his "wasiy " (successor) or else some wicked person." Itis stated in a tradition of the Prophet (s.a.w .), "If somebody is made aqadi it means that he has been slaughtered without a knife." There are many traditions of this nature.

If aruling which a "faqih " (expert in jurisprudence) deduces from proofs concerns some general principle, it is called a "fatwa"; for instance, it is unlawful to use someone else's property without his or her permission, the wife of a man is lawful to him but she is unlawful to a stranger.But if the order pertains to some particular case it is called ajudgement (qada ). for instance, "This woman is the wife." This woman is a stranger." "This isZayd's property." That is the property of such and such a person."

Whether it is a "fatwa" or a "qada ", both of them are duties of a justmujtahid who is the general proxy of the Imam.

Judgement is in fact the identification of the legal nature of points under dispute, whether they pertain to defense and accusation in a court, or to matters such as the sighting of the moon and the determination of the beginning of the month, or the administration of endowments and the determination of lineage, and it demands great wisdom and intellectual ability. In fact it is more difficult a task than issuing a "fatwa".

Now, if somebody who is devoid of these qualities undertakes to perform this duty, it will certainly do more harm than good. Accordingly, it is unlawful inImamiyah "fiqh " for anyone except a justmujtahid to undertake to perform this work. Indeed, itis regarded as one of the major sins if anyone else does do it, and the extent of its enormity borders on infidelity. Our respected teachers used to be very cautious about passingjudgements . We also follow the same line.

Judgment can only be passed on the basis of three things: (1)confession (iqrar ), (2)an oath (qasm ), or (3) two just witnesses (bayyinah ). The question of how to establish preference or priority in cases where there may be difference or contradiction between the witnesses is a matter for the section offiqh which deals with the giving of evidence,

and there is little point in going into the details here suffice it to say that the matter has been examined in great detail by our jurists and they have left many writings on it. We, also, have written a book on the subject called "Tahriru 'l-majallah ".

One who does not act in accordance with the order of the authorized "qadi " (i.e. one who fulfills all the conditions of a "qadi "), will be considered to have violated the divine commands.Also no one has the right to revise the decision of a "qadi ". Of course, theqadihimself may re-examine his judgment.

12. Slaughtering and Hunting

The basic principle inShi'ah jurisprudence concerning animals whose blood spurts4 is that they become "najis " (impure) when they die, and that it is unlawful (haram ) to eat their flesh.

There is also a division of animals into two categories: those which are impure (najis ) in essence and cannot become pure, such as the dog and the pig, and cannot therefore on no account be eaten; and those which become essentially impure if they die in any way other than as a result of hunting or slaughtering in accordance with theshari'ah , but which become pure if they are correctly hunted or slaughtered in accordance with the rules laid out below.

However, the mean of correctly killed animals of the second categorycan only be eaten provided they are not carnivorous.

There are two ways of killing animals in accordance with theshari'ah . The first is hunting.

Hunting may be in two ways.Firstly by a trained hound who obeys the orders given it and does not normally eat the animal it has killed. For his prey to be lawful, the person who released and sends the hound must be a Muslim and must pronounce "bismillah " when releasingit, and the hound should at no time leave his sight.

Secondly, hunting may be by means of a weapon, i.e. a sharp sword, spear or arrow, or the bullet of a gun. In all cases, the death must be directly due to the penetration of the weapon into the animal, and not to some side effect such as fright. The person who uses the weapon must be a Muslim and he must pronounce "bismillah " at the time of taking aim.

Ifthe animal is killed by either of the above methods , its flesh is lawful.But if the hunter gets his animal when it is still alive, he must slaughter it (see below). All other means of hunting (i.e. trap, net, etc.)are forbidden , unless, of course, the animal is taken alive and correctly slaughtered.

The second wayto lawfully kill an animal is by slaughtering it (dhabih ). The slaughterer must be a Muslim or someone under the rules of Islam such as the minor son of a Muslim. The second condition is that the instrument of slaughtering should be made of sharp metal. However, in case of necessity, any sharp implement (glass, sharp stone, etc.) which cuts the arteries clearly may be used.

In the Name of God (bismillah ) must be pronounced when the intention to slaughter isamde , and the animal must be lying with its face towards the "qiblah ". All four main blood vessels of the neckmust be completely severed above the vocal chords. (There is a special method of killing a camel called "nahr ", which may also be used for other animals when "dhabih " is not possible.

It should be noted finally that allnamilas whose blood does not spurt are unlawful (haram ) exceptfish which have scales. Ahadith of Muhammadibn Nu'man Ahwal ,Mu'min at-Taq , says, "One day I went in to see AbuHanifah .I saw there was a pile of books in front of him. AbuHanifah said, 'Do you see all these books?' I said,Yes .' He said, 'They are all to do with divorce.

' I said, God has made us free from all your books by one single verse of the Quran, "Oh Prophet, (say to the believers), 'When you divorce (your) women, divorce at their prescribed period, and reckon the 'iddah (exactly).' "He said, 'Well then, have you ever asked your friendJa'far ibn Muhammad (al-Imam as-Sadiq (a.s .)) about theseacow ?'I said, 'Yes, he said that every sea-animal with scales, even if it be a 'sea-) camel or a (sea-) cow, can be eaten, and that if it has no scales it is unlawful to eat.'" 5

13. The Nature of Foodstuffs

Animals: There are three kinds of animals - animals of the land, animals of thesea and animals of the air.

It has just been pointed out that, in general, the only animals of thesea which are lawful are those which have scales. The eggs of such fish are also lawful.

Of land animals, only a few species can be lawful the camel, the cow, the sheep or goat, the wild cow or buffalo, the mountain sheep or goat, the gazelle, the deer. The meat of horses,mules and donkeys is not approved of (makruh ). Animals which eatnajis substances, such as excrement, becomeharam , but they can be purified by "istibra "' (keepingitaway fromnajis eatables for a specific period).

All kinds ofcarnivourous animals are unlawful. Rabbits, foxes,badgers and mongooses are all unlawful. Insects,reptiles and amphibians like worms, snails, cockroaches, scorpions, wasps, bees, snakes, frogs etc. are all forbidden; only the locust can be eaten.

Among birds,those which feed on flesh such as hawks and eagles, are completely forbidden. Apart from this, the Prophet (s.a.w .) prescribed three signs in three conditions for theindentification of lawful birds:

1)if the birds are in the air, the pause in the movement of their wings, i.e. their gliding, should be less than their flapping;

2)if they are on the ground, the spurs on their claws should be visible;

3)when the bird is slaughtered, it must be found to have a crop and/or a gizzard.

Bats and peacocksare forbidden . The kind ofcrow which eats herbage is lawful, but the kind which eats carrion is forbidden.

Besides animals, there are otherthings which are for bidden to eat or drink. Theycan be classed under four headings:

1)everything which is impure (najis ) is unlawful (haram );

2)every kind of food (eatable or drinkable) which has been taken illegally isharam .

3)every kind of food (eatable or drinkable) which has deleterious effects isharam .

4)every kind of food (eatable or drinkable) which seems repulsive isharam .

Of liquids, one of the most impure is urine, but even more than that is wine (any kind of alcoholic beverage), and inImamiyah fiqh , the unlawfulness and impurity of wine is more strongly emphasized than in any other school. The traditions that have come down to us from our Imams on this subject are enough to frighten oneoff them forever.

Distillers andfermenters of alcoholic drinks,stockists , merchants and drinkers, all are cursed, and wine has been called infiqh "ummu 'l-khaba'ith " (the mother of all evils). Some traditions say it is forbidden to sit at a table on which alcoholic drinks have been laid, probablyso as to encourage people to abstaintherefrom so that their bad effects may be limited.

Today, expert scientists have confirmed by chemical tests that wine is a very destructive and harmful thing. Islam warned against alcohol thirteen hundred years ago. Today, even those who do not abstain for religious reasons do so for reasons of health. Theshari'ah of Muhammad (s.a.w .) cannot be overpraised, those who neglect it do so to their own disadvantage and peril.

14. Penology (hudud )

Under an Islamic government, certain punishmentsare prescribed for certain crimes, so that the society may be kept healthy and the roots of corruption destroyed. Some of these penalties (hudud ) are as follows according toShi'ah fiqh .

1)The penalties for adultery (zina ): If an adult, sane man knowingly and deliberately has sexual intercourse with a woman who is forbidden to him, it is then an obligation on the authorized judge to flog him with a hundred lashes; his head will be shaved and he will be forced to leave the city for a period of one year. If he is "muhsin ", i.e. he is in a position to satisfy his sexual urges in conformity with theshari'ah , he will be stoned to death as well as being given a hundred lashes.

If the woman consented, she shall, if also "muhsinah ", be stoned, and if otherwise, she shall be given a hundred lashes.If a man has sexual intercourse with a forbidden woman of his relatives (mahrum ), or with a woman who has suckled at the same breast as he was (hisrida'ih ), or with his step mother, or if adhimmah (a non-Muslim under the protection of a Muslim state) has sexual intercourse with a Muslim woman, he shall be beheaded; and the penalty is the same for rape.

The adulterycan only be proven by:

1)a confession repeated four times;

2)the witnessing of four just men that they saw him actually in the act of penetration;

3)the witnessing of three just men and two just women.

If the adultery is witnessed by two just men and four just women, it shall be deemed proven but the penalty may only be flogging,their being no capital penalty. If the evidence is less than this, itis not considered complete, and, what is more, if less than four men give evidence, they shall be punished for slander (qadhaf ). For the evidence to be accepted there must be unanimity between the witnesses, and they must all have seen the actual penetration with their own eyes.

If a man is to be stoned after a confession, but then disavows his confession, heshall not be stoned ; and if, after confession, he repents of his deed, theqadi may exercise his discretion. If he repents when four witnesses have seen his act, there will be no alteration in the penalty.

If a personis being punished for the third time for the same offence (adultery), he shall be beheaded. A pregnant Woman or a sick person must not receive his or her punishment until the baby is born or the sickness goes away,respectively .

2) The penalties for homosexualacts : The punishment for sodomy between two males (liwat ) is more severe than that for any other crime. It is the only case in which the offendermay be burnt to death. Theqadi may sentence the active partner in the act to one of four penalties: beheading, stoning to death, being thrown from a height so that his bones are all broken up,burning to death. The passive partner, if he is adult and responsible for his actions, is tobe beheaded .If he is not yet of the age of puberty, he will be given a reduced punishment (ta'zir ). The same conditions of proof hold here as in adultery.

In the female homosexual act (sihaq ), both offenderswill be given a hundred lashes. If they are married, it is not impossible for them to be stoned to death.

3) The penalty for the procurer: the procurer (qawwad ) who arranges for an unlawful sexual act to takeplace, will be given seventy lashes, his head will be shaved, and he will be expelled from the city. The proof forthis is met by the evidence of two just melt or by a confession made twice.

4) The penalty for false witnessing and slander. if someone falsely accuses a sane, adult and free Muslim of a crime for which some sentence can be inflicted, for instance, adultery, sodomy or drinking wine, then the false accuser shall be punished with eighty lashes. In case of the proof being admissible on confirmation by the accused person, the sentence against the accuser shall become void. The crimeshall be considered proved as long as there is "bayyinah )) (see above).

It is also a punishable offence for a person to call someone else with some undesirableepithet which he does not deserve, e.g. "sinner", "corrupter", "leper", etc. If someone claims to be a prophet, or curses or declares enmity with one of the fourteen pure ones (the Prophet (s.a.w .), the twelve Imams (a.s .) andHadrat Fatima), he shall be beheaded.

5) The penalty for the drunkard: the penalty forany one who avails himself of any intoxicating beverage of any kind is eighty lashes, tobe given on his or her bare neck and arms.

If someone has been punished for three times and he commits the crime a fourth time,he or she shall be beheaded. One who considers wine lawful is liable to the same punishment.

If the dealer in wine repents and leaves his profession, it is well and good, otherwise he too shall be liable to beheading.

6) The penalties for theft: if an adult and sane person steals something from a "safe" place (i.e. somewhere which is locked or firmly closed, or someplace similar) which is valued at more than a quarter of amithqal (about 1 gm - amithqal is a little over 4.5 grams 0) of pure gold, he will have the four fingers of his right hand cut after duly being sentenced by aqadi on the evidence of double confession or "bayyinah " (see above).

If he commits the crime a second time, his legwill be cut off under the knee. For the third offence, heshall be sentenced to life imprisonment.And , if he commits theft in prison, he shall be beheaded. If he has committed theft a number of times before heis subjected to the prescribed punishment, only one penalty shall be inflicted upon him.

For children andinsance people, there is nohadd onlyta'zir (a lenient punishment). The thief must invariably have to pay compensation, and for this, one acknowledgement, or the evidence and oath of one just witness is sufficient.

The "hands" of the fathershall not be cut off for stealing the property of the son.But , if, conversely, the son steals, his "hands" shall be cut off

7) The penalty for causing fear and terror (muharib ): if someone causes fear among the people in a town or in the open country or at sea and/or intimidates them for the purposes of seizing what belongs to them, theqadi is empowered to have him or her executed, crucified, to have his right hand and left foot cut off, or to have him banished from the country.

God, the Most High, has said, "The recompense of those who war against God and His Messenger, and strive in the land spreading corruption, is only that they be slain or crucified or their hands and their feet should be cut off, from the opposite sides, or be banished from the land." (5:33)

In case of banishment, the people of the place to which the culprit has been deported must be informed in writing, so that they may refuse him entry to their meetings, to their meals, etc.,till he repents.

The thief who attacks a house is also a "muharib ". If heis killed , his blood will be considered shed with impurity.

If someone attacks the modesty of a woman or her child, these latter have the right of self-defence . If the assailant is killed in the struggle,( his blood too will have been shed with impunity. Thugs,ruffians and false witnesses (excluding those in 4 above) are liable to reduced punishment. The judge can give them any appropriate punishment.

8) Sundry penalties: anyone who perpetrates an indecent act with a quadrupedshall be given a less severe punishment. If he persists in his activities, hemay be executed . The meat of the animal (if it is a lawful animal)will become forbid den, and it must be slaughtered and its body burnt. In case it belongs to someone other than the perpetrator of the act, hemust be awarded the cost of the cost of the animal. If the animal is of doubtful ownership,it should be decided by lots .

If the animal is in any case unlawful, itmust be sold in another city, and the price obtained given in charity. If the animal belongs to another, hemust be suitably recompensed for his loss. The evidence of two just persons or a double confession is sufficient to prove guilt.

A person who has sexual intercourse with a dead bodyshall be dealt with as if it were alive; rather, the punishment will be even more severe. In the case of it being the body of his wife or slave girl, the punishment will be milder. The proof for this is the same as is required for adultery.

A person who indulges in masturbation also deserves a mild punishment.

Asfar as is possible, every person has the right to defend his own person as well as his property and the persons of his family.But he should start by adopting less severe measures, and he should only increase his precautions if necessary.

If someone looks without permission into someone else's house and the dwellers pelt him with stones causing his death,do penalty may be extracted from them, and his blood is considered shed with impunity.

Murder is the greatest sin and the greatest social crime. "And whose slays a believer willfully, his recompense is Hell, therein dwelling forever, and God will bewroth with him and will curse him, and prepare for him a mighty chastisement." (4:93) Crimes against the person, whether it causes death, loss of a part of the body, or not,can be divided into three kinds:

1)premeditated or willful,

2)similar to (1),

3)by accident.

First, (1), premeditated or willful, needs no explanation. (2)means that the attacker took the initiative, but did not intend to kill. For example, someone beats someone else as a warning, but this results in death, or a personis given some medicine to cure him, but it ends his life. (3)accidental means that there is neither any intention nor any initiative, yet someone is killed; for instance, somebody is aiming at a bird and, by mistake, a human being becomes the victim, or a man is lifting his gun and it accidentally goes off and kills somebody.

More clear examples are the actions of a man who is sleep walking, of an unconscious person, of a mad man or of an innocent child.

It must be clearly observed that as far as the crime and its punishment is concerned, there is no difference between the actual committer of the crime and the person who devised and ordered it to be done; nor does it make any difference if the crime is committed by one or many.

Retaliation (qisas ) applies only in the case of willful or premeditated murder or injury. In (2) and (3) there are only compensation (diyah ). There can be no retaliation from the child or the lunatic, norcan there be any retaliation if the murdered person is a child or a lunatic. An adult who kills a child is subject only to the deliverance of compensation. However, some jurists are of the opinion that there is retaliation here,and also for the killing of a lunatic.

Another condition for retaliation is that the culpritwas not compelled or under constraint, although this does not apply in the case of death, for in a matter of murder, there is no "taqiyah " (dissimulation). It is also necessary that the person murdered by "without sin", i.e. not someone whose death is permitted by theshari'ah .

There is no retaliating against the father, the grandfather or the great-grandfather, if they murder their son,grandson or great-grandson, only compensation. A Muslim is subject to retaliation only in the case of the murder of another Muslim. Likewise, retaliationshall be taken against the freedman only for the murder of a freedman.

The blood money or compensation for a free Muslimis: a hundred camels, or two hundred cows, or a thousand sheep, or two hundred items of clothing, each consisting of two parts, or a thousand dinars. If the heirs of the murdered person agree to take the compensation, retaliationis voided , and the murderer must pay the compensation within one year. In (2), the period for payment is two years. In (3), the period is three years, with a third being payable each year.

In cases of parts of the body, retaliationcan be extracted if the action was deliberate. The retaliation is like for-like, i.e. an eye for an eye, an ear for an ear, and a tooth for a tooth.

If the crime is of kinds (2) or (3), there are special compensations: some equivalent to the whole compensation for a man (i.e. 1000 dinars), some a half, and some less than a half. In general, organs and parts of the body which occur singly, such as the nose or the penis, demand the whole compensation, those which occur in twos demand half the compensation (i.e. two hands demand the whole compensation). In (1) and (2) the compensationmust be paid by the culprit himself, but in (3) it may be paid by his 'aqilah (certain near relatives on the father's side).

If the reader is interested, he or she may consult the extensivebooks which deal with this topic for further details. However, since it was our intention to deal with, matters only briefly, we have left out a great many things.

Our purpose was to give a few examples, so that our aimmight be made clear with only a few references.

www.alhassanain.org/english


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