Alhassanain(p) Network for Heritage and Islamic Thought

Q. I7: IS IMAMATE SUPERIOR THAN PROPHETHOOD?

It is said that the office of Imamate is superior to that of prophethood and verse 124 of Surah Baqarah is put forward as proof of this claim. Can you please give detailed and clear explanation of thisissue.

Further, in your book “Guidance From Qur'an”, page 42 you have briefly written about the question asked to Imam 'Ali(a.s.) by Sa'sa'ah ibn Sauhan on the 19th of Ramadhan, 40 A.H., concerning the above mentioned issue and you have also stated there-in your references but as I don't have the original books to refer to, 1 request you to please send me in detail the question asked & the answer given by Imam 'Ali (a.s.).

A: Go to a big paint shop, they will give you a chart of colours in which you will find various shades of each colour- e.g. 15 shades of green, 20 of blue and so on. All the shades of blue are called blue, but differ in intensity: Likewise, the words, Islam, Iman, Taqwa, truthfulness, Imamah etc., have various shades of meaning, some very light, some medium and some very fast.

To give you an example, when Ibrahim (a.s .) with help of lsma'il (a.s.) was building the Ka'bah, he was already a Prophet and Messenger of Allah; but the father and the son were praying to Allah in these words:

“... O our Lord!and make us two the Muslims for You, and make a group from our progeny Muslims for You.... (2:128)

You find here a Messenger of Allah and His prophet praying to become Muslims!! Does this word here mean those who believe in one God and the veracity of their prophet? And why did not they

pray for their whole progeny to become such Muslims? Why did they pray for only “a group” from their progeny to become Muslims? Obviously the Islam they prayed for was something far superiorthan messenger-ship and prophethood.

Likewise, the Imamat which Hazrat Ibrahim (a.s .) was given was much superior than his messenger ship and prophethood, because it was bestowed on him after all other offices. But it does not mean that every “Imam” is superiorthan a prophet, because there are Imams of jama'at prayers, leaders of army, scholars of religion etc. etc., all of whom are called Imams, but their only distinction is that they are followers of the prophet.

Sometimes designations and titles remain the same, but the reality on the ground happens to be quite different. There is a country, Nauru, and it has a prime minister; and there are U.K. and Canada with their prime ministers. Will you say that the Nauruan prime minister enjoys the same prestige and power in international fora as his British and Canadian counterparts do?

Our Prophet (s.a.w.a.) is much superiorthan all the previous prophets. Naturally, those who rightfully sit in his place will have the same distinction vis-a-vis previous prophets. It is a clear reality and we should not be afraid of anouncing it.

“Guidance from Qur'an” is not my book; its authors are Haji Ali Mohamed jaffer Sheriff (Mombasa) and Late Haji Hussein Alarakhiya (Dsm ). The tradition they have reffered tois copied hereunder from the English translation of “Peshawar Nights”:-

“In Ihya'u'l-Ulum by Imam Ghazali, Sharhe Nahju'l-Balagha by Ibn Abi‘l-Hadid Mu‘tazili, the Tafsir by Imam Fakhru'd-Din Razi and Tafsir by Jarullah Zamakhshari, Baidhawi, Nishapuri, etc., you will find this hadith of the Holy Prophet: “The ulema of my community are like the prophets of the Bani Isra'il.” In another hadith he said: The ulema of the Prophet's community were equal to or better than the prophets of the Bani Isra'il simply because their source of knowledge was that fountainhead of learning, the Prophet Muhammad. Therefore, Ali Bin Abu Talib was definitely superior to the prophets, since the prophet said: “I am the city of knowledge and Ali is its gate.” He also said: “I am the house of wisdom and Ali is its gate”. When Ali, himself, was asked about this topic, he explained some aspects of his superiority to the prophets of the children of Isra'il. On the 20th of Ramadhan, when Ali was on his death bed following the attack by Abdu'r-Rahman Ibn Muljim Muradi He asked Imam Hasan to call in the Shia who had gathered at the door of his house. When they entered, they surrounded his bed and wept silently. Ali said: You may ask any question you like before I leave you, but your questions should be brief.One of those present Sa'sa'a Bin Suwhan. Your own great ulema, like Ibn Abdu'l-Birr & Ibn Sa'ad, have written about his life and character, have relied on him, confirming that he was a man of great learning.

Sa'sa'a said toAll : “Let me know who is superior, you or Adam.” The Holy Imam said'. “It is not proper for a man to praise himself, but according 'to the maxim: 'Declare the blessings that Allah has given you', I tell you that I am superior to Adam.” When asked why this was so, Ali explained that Adam had every means of mercy, comfort, and blessings for him in paradise. He was asked simply to abstain from the forbidden food. But he could not restrain himself, and he ate from the tree. As a result, he was expelled from paradise. Allah did not forbid him, Ali, from eating wheat (which, according to Muslim belief was the forbidden 'tree'). But since he had no inclination towards this temporal world, he voluntarily refrained from eating wheat. (The point of All's remark was that excellence of a man before Allah lies in piety and devotion, and that the height of piety lies in abstaining even from what is permissible.)

Sa'sa'a asked: “Who is superior, you are Noah?” Ali replied:

“I am superior. Noah called his men to worship Allah, but they did not obey. Their shameful mistreatment was torture to him. He cursed them and invoked Allah: '0 my Lord! Leave not on the earth a single person of the unjust ones!' After the death of the Prophet, even though the people caused me extreme difficulty, I never cursed them. I suffered their torment with patience.”

Sa'sa'a asked: “Who is superior, you or Abraham?” Ali replied:

“I am superior, for Abraham said: 'My Lord! Show me how thou Givest life to the dead! He said: What!do you not believe?' He said:“Yes , but that my heart may be at ease.' (2:260) my faith was such that I said: “If the veil over the unseen were lifted, my faith would not increase.”

Sa'sa'a asked: “Who is superior, you or Moses?” The Holy Imam replied: “I am superior, for when Almighty Allah ordered Moses to go to Egypt to invite Pharaoh to the truth, Moses said:'My Lord! Surely I killed one of them, so I am afraid that they will slay me. And my brother Aaron, he is more eloquent of tongue than I. Therefore send him with me as an aide, to help me. Surely I fear that they will reject me.” (28:33-34) the Holy Prophet ordered me, by the command of Allah, to go to Mecca and to recite the verses of the Chapter 'Al-Bara'a' from the top of the Ka'ba to the Qur'aish infidels. I was not afraid, even though there were few people there who had not lost a near relative by my sword. Obeying his order, I performed my duty alone. I recited the verses of 'Al-Bara'a' and returned.”

Sa'sa'a alked “Who is,superior , you or Jesus?” Ali said: “I am superior, for when Mary became pregnant by the Grace of Allah, and the time other delivery approached, a revelation was granted to her: 'Leave this holy House for this is a House for prayers, not a place for the delivery of children.' Accordingly, she left the holy House and went to the wilderness where she gave birth to Jesus. But when my mother, Fatima Bint-e-Asad, felt labor pains within the precincts of the holy Ka’ba, she clung to the wall and prayed to Allah in the name of that House and the builder of that House, to lessen her pain. Soon a fissure appeared in the wall, and my mother heard a mysterious voice telling her, “0 Fatima! Enter the House of theKa'ba.! She went in, and I was bom inside of the holy Ka'ba.”

Q. 18: ONSHI'A TRADITION'S PRESERVATION:

What is your response to those who claim that the Shi'a traditions have not been preserved?

A:Abu Bakr and 'Umar forcefully suppressed narration of the Prophet's traditions, and burnt and destroyed their own and other companions' collections. This continued for a century, until the caliph 'Umar ibn 'Abdul 'Aziz (reigned 99-101 A.H.) asked az-Zuhri to compile the traditions. By that time, Umayyads' propaganda department had spread tens of thousands of forged traditions throughout the Muslim empire. It does not require a great intelligence to realize that all the collections of ahadith, beginning from az-Zuhri and ending a few centuries later, must have contained mostly the same fabricated traditions.

So, this is in a nut-shell the real situation of the Sunni collections of traditions.

As for us the Shi'as, our Imams, right from the first Imam 'Ali ibn Abu Talib (a.s.) to the 11th Imam Hasan al-'Askari (a.s .) always instructed their companions to write down whatever they hear from them. In this way hundreds of “note-books” were prepared which were used by the Shi'as for their guidance. (See my book.The Qur'an and Hadith, for detail.)

Now you may decide for youself which sect's traditions have been preserved.

However, our treasures of knowledge have suffered from the blind hatred of the Sunni rulers and masses. The precious books of the library of ash-Shaykh at-Tusi (died 460 A.H.) were repeatedly plundered and burned in Baghdad. It was this barbaric behaviour of the Sunni masses which compelled at-Tusi to migrate from Baghdad to Najaf where he founded the Hawzah 'Ilmiyah which is still alive in spite of many ups and downs. Mahmud of Ghazna ordered the great library of Sahib ibn 'Ubbad to be burnt. This attitude has continued uptil now. When Israel attacked Lebanon in 1980's, its soldiers were especially instructed to bum down the library of the late as-Sayyid Mohsin al-Amin (d. 1952 C.E.). Thus a great collection of rare manuscripts was lost for- ever.

Despite such viccisitudes, our collection is very rich. Suffice it to say that the first of the four early collections, Al-Kafi, contains more traditions than the six “authentic” books of the Sunnis put together.

Q. 19: DHULFIQAR & CALL FROM JIBRA'lL:

According to 'majalis' that we have been hearing for years, Imam Husain (a.s.) while fighting at Kerbala was instructed by Jibra'il to stop fighting as the latter had been instructed to take possesion of the 'Dhulfiqar' and for Imam Husain to fulfill his promise (i.e. of his death in the way of Allah}.

A: It is the first time that I am hearing this story about Dhulfiqar. It is rubbish. Regarding the call from the sky to Imam Husayn (a.s .) to stop fighting: This myth was started by poets, and was taken up by Zakirs. But it has no basis at all.

Q. 20: NAFS ZAKIYYAH AND AL-QAIM:

In Kitab-al-Irshad (the book of guidance) by Sheikh Al Mufid on page 541 concerning the re-appearance of 12th Imam, I quote: “A pure soul (nafs zakiyyah) will be killed in the outskirts of Kufa with 70 righteous men. Again on page 545: “there is no longer than 15 nights between the appearance of the one who will raise (Al-qaim) PBUH and killing of the pure soul, (al-nafs al-zakiyyah).” I would like to hear the significance of both these statements as well as any other information on al-nafs al-zakiyya in connection with the re-appearance of Al-Qaim (PBUH).

A: I think you are perplexed because Muhammad, a Grand son of Hasan Muthanna and Fatima Kubra, was killed fighting near Madina against the forces of Mansur, the 2nd Abbasid King, and that Muhammad was called Nafs Zakiyya (pure soul) because of piety. But it was merely a coincidence. The said prophecy does not refer to that “Nafs Zakiyyah”; and the same prophecy was being repeated even by later Imams.

Q. 21: LAYLATUL-QADR AND IMAM-E-ZAMAN

Can you please explain in detail from Quran & Hadis the relationship between Shab-e-Qadr & Imam Zamana (a.s. )

A : According to Sura Qadr, The sprit & the Angels descends in the Night of Destiny with all affairs, & this continues unto the Dawn break. Obviously when the sprit & the Angels come down with the final decisions about all of us, there must be someone on this earth to receive them & their messages. That Personality who receives the decision concerning every amr (Affairs) is Sahibul Amr.( A.S). Also As we do not know which is the Night of Destiny, but have a firm belief that it is one of the Ramadhan Nights, like wise we do not know who is the Sahib ul Amr ( AS) but have a firm belief that he is one of the inhabitants of this earth.

Q. 22.- HOMES OF 313 SUPPORTERS OF IMAM MAHDI (A.S.):

You must have come across the tradition narrated by Asbagh Ibn Nubatah from Hazrat 'Ali (a.s.), in which the places of origin of the 313 supporters of Imam Al-Mahdi (a.s .) are mentioned with names of some of them. It is given in the book 'Al-Mahdi (a.s.)' of Sayyid Sadruddin Sadr. Could you please comment on its authenticity?

A: I do not have the book mentioned by you. But I have seen ahadith like that in several places, all contradictory to each other. As a general rule, ahadith dealing with signs of the day of judgement and those describing the events after re-appearance of our 12th Imam (a.s .) are counted among mutashabihat; we read them and believe in them, but leave their true meaning and interpretation in the hands of Allah.

Q. 23:ARE MAHDI AND 'ISA ONE & THE SAME:

Is Hazrat Mahdi (a.s .) the same as Hazrat 'Isa (a.s.) who will come to kill Dajjal?

A: Hazrat Mahdi (a.s.) is from the progeny of Hazrat 'Ali and Fatimah (peace be on them both) while Hazrat 'Isa (a.s.) is the son of HazratMaryam( AS), obviously they are two different personalities. How can two different men be counted as one? For further details see my book, Muhammad (s.a.w.) IsThe Last Prophet.

Q. 24: WHY SUCH DETAILED MASA 'IL IN FIQH?

Islam is supposed to be a simple NATURAL religion. Why then does it have 2500 plus laws? I do understand that all the laws are not for one person. But why for each simple case there are ten laws regarding it? For example in, the case for Mayyit (according to the Masael of Agha Seestani) there are laws about the three types of ghusl to be given to a dead body.fine , this is understood. But what follows is about Jabirah, then followed by a sequence of Tayammum for a simple change in conditions, then comes about the Kafan and its rules then burial and its rules. So, in general an aspect like death has involved about 25 pages i.e. 120 plus masaels. Why?

A: When you would become as old as I am, you will find that the rules of jabirah and tayammum are extremely necessary especially in this age when various types of accidents break and disfigure the bodies. You yourself have admitted that all the laws are not for one person. Then why object on the shari'ah's comprehensiveness? Or, do you want to say that Islam should have merely said:

“Wash the dead body, wrap it in a cloth and bury it.” It would not have taken more than one line!!

It will be of interest to you that nowadays a lot of European Christians are entering the fold of Islam, precisely because the Islamic shari'ah contains guidance for every conceivable eventuality. What you think is a defect of Islamic shari'ah is a highly appreciated virtue in those Europeans' eyes.

Q. 25: DIFFERENCE BETWEEN AN 'ALIM AND A MUJTAHID:

I understand that taqleed is necessary for me. Who are our mujtahids? Meanwhile, could I take my rulings from you as an 'Alim? By the way, what is the difference between an 'alim and a mujtahid?

A: The word 'mujtahid' literally means the one who strives. In Shi'a terminology it means an 'alim who having acquired all necessary disciplines of Arabic language, Islamic history, tafsir of the Qur'an, traditions of the 14 ma'sums, and other related branches of Islamic knowledge, strives hard to derive the rules of shari'ah from its approved sources.

Usually there are hundreds of mujtahids at a given time. But we do taqleed of only that mujtahid who we believe is “most knowledgeable” of all others. In our terminology, “most knowledgeable” is the one who has got the top-most expertise in deriving the rules of shari'ah from its approved sources.

You must have now understood that every mujtahid is an 'alim but not every 'alim is a mujtahid. Even if you bring to me any religions problem, I will write to you the ruling ofAyatullah Sayyid 'Ali as-SeestaniofNajaf( Iraq), whose taqleed I am doing.

Q. 26: WHY DIFFERENCES BETWEEN MUJTAHIDS?

We see great differences between the rulings ofAyatullah al-Khou'i and Ayatullah Gulpayagani on the subjects of Friday prayer and moon-sighting.

My Shi'a belief has taught me that “Awwaluna Muhammad wa akhiruna Muhammad, wo awsatuna Muhammad, wa kulluna Muhammad” - This legacy has been intact with all our twelve Imams. After Imam Mehid's ghaibat, there are naib-e-Imams. And it shows that the legacy mentioned here has been cracking as each naib gives a different view on the above matters.

Further more, in accordance to some verses of the Qur'an, the taqlid we staunchly believe is invalid. Hence to do taqlid is not according to Islam.

A: Here you have made the mistake of equalizing ghayr-ma'sum mujtahiqs to the ma'sum Imams. The tradition you have quoted is for the 14 ma'sums only.

As for Ijtihad and Taqlid, you should read the replies to questions 18 and 19 in Your Questions Answered, vol.6 (pp.24-30) which will dispel your misgivings. As for the differences among mujtahids' rulings, read below:-

The institution of Ijtihad is based on the direction given by the 6th Imam (a.s .) when he said: On us [i.e. the Prophet and the Imams] is to give you the roots, for you is to develop branches.” This continued for more than a century until the minor occultation began in 260 A.H.From 260 to 329. the Imam (a.s.) appointed four “special deputies” one after another to serve as a link between the Imam (a.s.) and the believers. Then that system was discontinued and the guidance of the ummah was left to that person among fuqaha' who protects himself (from sins), opposes his desires and obeys his mawla”; and the public was told to do his taqleed. These fuqaha (jurisprudents) were not appointed by the Imam, although as an honorific they are called, na'ib-e-Imam (deputy of Imam), but they are na'ib-e'am (general deputy) not especially appointed ones. These fuqaha' strive hard to derive a rule of shari'ah from the approved sources. But while interpreting relevant Qur'anic verses and tradtions, they use their own brains and think with their own minds.Hence, the difference in some rulings.

It is not unlike judiciariesall the world over. A magistrate hears a case, listens to evidence and then gives a judgement. Then an appeal is filed in a judge's court, he studies the same file, and listens to the parties' arguments and then writes his own judgement overturning the lower court's decision. If then the case goes to the High Court, the judge gives his decision, sometimes favouring the magistrate, sometimes the judge and sometimes neither. So you see, the facts and the laws are the same but their interpretations and applications go on changing. It is but natural.

Q. 27: TAQLEED OF A LIVING MUJTAHID:

I was doing Taqleed of Ayatullah Gulpayegani, who expired 3 years ago. Am I required to change the Taqleed to one of the living mujtahids?

A: Yes. And if you want my advice, then you should do Taqleed of Ayatullah Sistani of Najaf. You may get his Arabic and English books of Fiqh from the following address:

Islamic Education Board,

Dar ut Tabligh,

Jackets Lane, Harefield,

Middlesex UB9 6PZ

U.K.

Q. 28: SOME INDIAN MUJTAHIDS:

Could you name a few of present or past Mujtahids from India?

A: There were scores of mujtahideen in India in the past. (1) Ghufran-ma'ab Sayyid Dildar Ali; (2-6) his five sons: Sayyid Muhammad, Sayyid Ali, Sayyid Hasan, Sayyid Mahdi and Sayyid Husain; (7) Baqiru 'l-'uloom Sayyid Muhammad Baqir, (8) Naimul- 'l-'ulama' Sayyid Najmu 'l-Hasan; (9) Nasiru 'l-millat Sayyid Nasir Husain, (10) Sayyid Sibte Nabi of Amroha; (11) Sayyid Rahat Husain of Gopalpur; (12) Sayyid Amjad Husavn of Allahabad. These are only a few names which come to the mind without consulting any book. There were many more. Now there is no one of that calibre.

Q. 29: WHY PARTICULAR SYSTEM OF SLAUGHTERING ANIMALS?

What is the significance of doing Halaal? Why do you have to place an animal in the direction of Quibia then say Bismillah? Why not just say Bismillah with a clean intention?

A: The animals have not been created by us they are the creatures of Allah. It is His favour and grace on us that he has allowed us to eat their meat. Therefore, it is necessary to invoke His name at the time of slaughtering them, so that we may show our gratitude to Allah and establish our right for killing and eating them.

As for facing the direction of Qiblah. its reason is not difficult to understand. It is the same reason for which we are ordered to face towards Mecca during prayers. And that reason is the manifestation of the universal unity of the Muslims, all of whom turn towards the Ka'bah for prayers and on certain prescribed occassions.

Q. 30: RIGHTS OF ANIMAL IN ISLAM:

Can you briefly allude to the rights of all living thing besides man?

A: It is a lengthy topic. However, a few main points are given below;

Wild Animals: Hunting for pleasure or sport is haram (unlawful.) It is allowed only if the aim is to eat its meat or to trade its meat and/or hide.

Domesticated animals:

1) It is wajib to look after them properly by feeding them and protecting them from cold or heat etc.

2) It is haram to hit them on the face or head.

3) It is not allowed to brand them on face.

4) According to the traditions narrated from the Prophet (s.a.w.a.) and the Imams (a.s .), a domesticated animal has seven rights on its owner:

1) When he gets down, he should begin with feed: giving it water before himself eating;

2) If during a journey, by a stream or pond of water, he should take the animal to it;

3)should not hit on its face, because it glorifies the praise of its lord

4) Not to ride it except in the way of Allah {i.e. for lawful purposes};

5) Not to put heavy load on it beyond its normal strength

6) Not to make it run beyond its strength

7) Not to use its backas a seat for talking with friends / companions.

Q. 31: HARAM MUSIC:

Is Music Haram In Religion?

A: Yes, It is forbidden. I am sending to you a booklet, MUSIC & ITS EFFECTS, which explains various aspects of this topic. However, it should be mentioned here that theprophet( S.A.W.A) spoke Arabic & its immediate audience were arabs. Therefore Allah Subhanau Taala use plain Arabic language for revolution and promulgation of the Shari’ah. All the words were used in their normal & prevalent meanings except a few which were given new connotations like Salah & Zakah which originally meant invocation & purification respectively and the Shari’ah gave them new meanings as we know them.

“Music“ was not given any new meaning. Therefore, it is to be taken in its usual meaning. Past Scholars, nevertheless, had tried to define “Music” as a prolonged voice with varing pitch. Nowadays, they explain as voice which arouses base desires & lust in the listener. Some say that it is the voice that is more in keeping with gatherings of irreligious people. But I feel that the explanation given by the Late Ayatullah As-Sayyaid Abul Qasim Al Khou’I (and later adopted by ayatullah As-Seestani) is the best. He has written that music is the sound which irreligious persons recognize as music. Thus he has thrown it back to the general usage, (which is the proper way of explaining a word to which Islam has not given a special meaning).

Q. 32: DEFINITION OF MUSIC:

In your book “Your Questions Answered, Vol.III, in replyto Q . 56, you have written about Music. “To recite or listen to the words of a song without any music is permissible provided it is not obscene and/or immoral.”

Now according to Ayatullah Al-Khui, to recite Munajaat or Marthiyah in tune of a song is Haram,then do you think it is allowed to recite the following Munajats which are indeed film songs.

- Film Dayare Madina-madad kijie Taajdaare Madina' or nowadays ladies recite of 12th Imam 'madad kijie Ya Imame Zamana'.

Film 'Niaz or Namaz' - 'AiMomino niyaz dilawo Imamki ' which is recited on the 22nd of Rajab on sufra of the 6th Imam.

A: Late Ayatullah al-Khou'i had defined the music as the sound which irreligious people recognise as music. Ayatullah Sistani has used another wording to express the same idea. He writes that the haram music is the one which is befitting to the gatherings of pleasure and debauchery.

To identify which sound is haram music and which is not, one has to look how the general public treats it. If they say, “He is reciting the poem (or nauha or marthiyah} in a good voice, then it is halal. But if they say, “He is singing the marthiyah etc. then it is haram.

Q. 33: WHY JIHAD IN A RELIGION OF PEACE?

Islam is a religion based on the fundamental concept of peace. How do you reconcile this idea with the concept of Jihad?

A: Your question requires some detailed explanation like to exterminate wrong-doers, it wants to remove the wrong. Evil deeds are like diseases. They need treatment, and evry Doctor wants to cure an ailment with medicine as far as possible. But sometimes the ailment reaches a stage where no medicine can do any good; the doctor feels that surgical operation is necessary if the life of the patient is to be saved. Then he decides, not happily butreluctantly , to ampute one or more limbs of the patient. It may cause hardest pain for the time being; but it is not torture it is mercy.

Likewise, this humanity is a compact body. If some of its parts become infected with spiritual diseas and every medicine of sympathetic persuasion and rational pleading has failed, and there is a danger that the infection is going to inflict damage to other parts, now the spritual Doctor,( r , (I mean the Prophet or Imam who is guided by Allah), is confident that a surgical operation is essential to save other sections of mankind from harm. Then, and only then, he will order jihad; and even then it will be limited to that part which is most necessary to remove.

However, even when you feel that there is necessity of surgical operation, you will not entrust this dangerous task to an unauthorized person.It, will be a very foolish and irresponsible act. You can never be sure that the operation is essential unless a qualified doctor tells you so.Therefore, according to the Ithna-‘asheri law, a war cannot be started unless specifically authorized by the Prophet or Imam himself, and that also to the limits prescribed by that Representative of Allah. After all life is a creation of God & it should not be destroyed unless it has been sanctioned by a representative of God.

Q. 34: WHY INTERNECINE STRIFES BETWEEN FOLLOWERS OF ISLAM?

You said in your lecture that Islam is based on Social justice. Why has Islam failed to establish practical social justice in the Midle-East where we have seen wars between Iraq and Iran and between Iraq and Kuwait?

A: You should not confuse Islam with the Muslims. Social justice needs a society based on Islamic ideals, and that in turn requires a righteous system of government which draws its strength from the Qur'an andsunnah . Nowadays there are nearly forty five “nations” that are populated predominantly by Muslims. But their system of governance is totally un-Islamic. Even the idea of “nation-states” is a legacy of the Kuffar (infidels) of Europe. In the eyes of Islam all Muslims are one nation. Allah Subhanahu wa Ta'ala says:Surely this your nation [or religion] is but one nation, and I am your Lord, therefore worship Me. (21:92) But the Europeans sowed the seed of “nationalism” in the minds of the Arabs and nurtured the idea - with the sole aim of dissecting and annihilating the Ottoman empire, which, in spite of all its short-comings and defects, had kept the whole Middle East together under one Muslim ruler, Look at the map of the Middle East; you will find numerous “nation-states” in it like pieces of a Jig-saw puzzle. And these states are always in conflict with one another, they are merely puppets whosestring are pulled by their western & Eastern puppeteers. It is a very painful story and cannot be described in a short letter: But this much is enough to tell you why there is always one or the other conflict in the Muslim lands.

Q. 35: HOW TO UNIFY VARIOUS SECTS?

What is the basic difference between the various sects of Muslims and what remedy you do suggest for removing thesedifferences.

A: I am sending you a small booklet of mine.Sects of Islam, which will give you an idea of the differences.

At present, it is impossible to remove these differences. We have to wait for the re-appearance of al-Imam al-Mahdi (a.s .) who will establish the rule of God on the earth, and the original Islam will prevail over all other beliefs and ideologies.

Q. 36: HOW DID MUSLIMS COMPARTMENTALIZEISLAM.

You Mentioned thatmuslims have compartmentalized Islam in pigeon holes; can you perhaps explain why has happened?

A: It is not possible to say at which point of history this thing happened. As for why, I think this phenomenon crept into Islamic academic life imperceptibly. Let us say, a scholar is very fond of hadith; he spends his time in pondering on its various aspects. Another is enamoured with jurisprudence; he thinks over and solves legal problems. Each trains his disciples in his own field, and thus a time comes when a jurist is not so proficient in hadith, and a muhaddith has no expertise in jurisprudence. In this way different “pigeion holes” were created in Islam.

Q. 37: WHAT IS THE PATH OF SPIRITUALJOURNEY

You said that jurisprudence is the starting point ofMuslims‘ spiritual journey. To gain excellence one has to go on spiritual path to one's final destination. What is this path?

A: I am a sinful man, and am not in a position to provide guidance to you from personal experience. However, I have studied biographies of many men of God, and based on that, I can tell you that there are some very important steps which one has to take in order to proceed on this lofty spiritual path.

First of all, you should cleanse your tongue from all type of undesirable talk: backbiting, falsehood, slander and tale-bearing etc.

Second: Make sure that the food and drink going into your mouth is of halal category, and you have obtained it by halal means.

Third: Always remember that you and all that you havebe long exclusively to Allah Subhanahu wa Ta'ala, and you should always be ready to sacrifice or abandon all if He demands it from you.

Forth: Reserve at least half an hour for the study of Quran. Merely its recital brings divine reward to you; but if you ponder on its translation and its deep connotation it can change your life.

Fifth: Pray nawafil with all five wajib prayers.And tahajjud prayers a compulsory part of your routine.

Sixth: Keep sunnat fasts on Thursdays regularly.

Seventh: Make sure that you fulfill the rights of the parents, the children, the spouse and other relatives. Also be careful about the rights of your neighbors. You may learn about these rights from my book Family Life of Islam.

If you follow this regimen sincerely, a time will come when you will enjoy Allah's worship and truly feel the taste of obedience to Allah and His Messenger. That is the sign that your endeavours are succeeding and you are proceeding in the right direction.

May Allah give you and me the tawfiq to acquire these noble traits andvirtues. Amen.

Q. 38: SPIRITUAL DEVELOPMENT OF SOCIETY:

What is the best way to develop spirituality in inner self and in the society as awhole.

A: For personal development, the regimen given in preceding reply should help. As for the society, it needs a government based on Islamic values to bring societal upliftment in the desired manner.

Please note that a government based on Islamic values is not the same as a government run by the Muslims. A system of governance based on Qur'an andsunnah will create the atmosphere conducive to the society's spiritual development.

Q. 39: HOW TO COUNTER ANTI-ISLAMICPROPAGANDA ?

How is the Charter of Imam Zainul 'Abideen relating to us '(Muslims) in the light of considerable propaganda from the western media? In other words, how do we counter it and propagate Islam as religion of PEACE?

A: Prejudice is born from the womb of ignorance. If we try to remove or decrease the prevalant ignorance about Islam, this unremitting onslaught against this noble religion will stop. That is, if it emanates from ignorance. But, if it is the result of willful slandering, then it is not easy to counteract - except from the position of power. Allah Subhanahuwa ta'ala has given the Muslim rulers enough power to make the West kneel down before them. But these rulers are blind to the realities. If they start withdrawing their Petro-Dollars from western banks, the West's attitude will change May Allah have mercy on the Muslim masses and release them from the clutches of these puppet regimes.

Q. 40: CHARTER OF RIGHTS:

Is this Charter of Rights available in English and Where?

A: Yes, it was translated by me in 1968; and published in Karachi and Vancouver (Canada). Now it is going to be printed DarEs Salaam. At present you may order it from:

Syed Muhammad Rizvi

7'El Dorado Street

Richmond Hill, Ontario,

Canada L4C OG9.

Q. 41: CONDITIONS FOR CUTTING A THIEF

I wonder if the Shari'ah law of amputating a thief’s hand is acceptable in the eyes of Allah, if a person is forced by the abject poverty to steal fooditems?

A: No. His hand will not be amputated.

The Islamicshari 'ah is not blind to the realities on the ground. I think I should give you a short description of the conditions which should be kept in view before deciding such cases.

(1)The thief must be adult, sane, and a free man;

(2) He should not have taken it thinking that it is his own thing;

(3)the alleged thief is not a joint owner of that thing;

(4)the stolen thing was kept in the safe place (for example under lock) and the thief did break

alone or with the help of others; If someone else broke the lock & afterwards the thief entered into the place and took something from there, his hand will not be amputated;

(5)the thing stolen is not the property of his son (If a father has stolen from his son, he will not be given that punishment of cutting the hand);

(6)he takes it stealthily, not openly;

(7)the stolen thing is at least equal in value to 21 Gms gold.

If one steals food during a general famine, his hand is not to be cut off.

If all conditions are fulfilled then according to the Qur'an, his hand must be cut off. In Shi'a Shari'ah, “hand' here means 4 fingers of the right hand.

Q. 42: CONDITIONS AND PUNISHMENT OF APOSTACY:

What is the meaning, conditions and punishment for ridda?

A: Riddah or irtidad means apostasy.

First, let me describe conditions and various ways ofapostacy : -

(A) Conditions of Apostasy: Five condtions must be fulfilled before a person could be declared a murtadd (apostate):

1) & 2) He must be adult and sane;

3) He mustbe knowing what he is speaking. If a word of kufr (disbelief) slips out of his tongue without his having any intention to do so, it would not be held against him.

4) He shouldbe knowing that it is a word of kufr and then uses it in that same meaning.If he speaks a word of kufr, without knowing its meaning, or uses. it in some other lawful meaning, then it would not be held against him. If he knew that it was a word of kufr and used it in the same meaning, he would become murtadd and najis, even if he was not aware of the consequences of his utterance.

5) He should utter a word of kufr by his own free will. If he was forced to say such words and he did so to save his life (i.e. in taqiyyah), then it would not be held against him.

(B) Apostasy may occur through heart, tongue and/or action-

Apostasy through heart: If someone disbelieves after believing or harbours doubt after being sure.

Apostasy through tongue: When he denies the existence or oneness of Allah, or refutes God's justice or knowledge etc., or tries to show that God's actions are aimless or against Wisdom, or rejects any of the Zaruriyat-e-deen like prayer, fast, zakah, hajj, or disparages religion, qiyamat, Qur'an or hadith.

Apostasy through action: When someone, say, throws Qur'an down (with intention of insulting it), or with that intension tears it down, or kicks at it or throws it into a dirty place the same is the rule if he insults the books of du'a, or hadith, or the Names of Allah.

(C) There are three things which, without any difference of opinion, make a person kafir:

(a) Denial of any one of the Zaruriyat-e-Deen. Some of its examples have been given above.

(b) Objecting to any command of Allah. It was this offence because of which Satan became Kafir otherwise he believed one God, Qiyamat and almost all divine Commands, but he objected to one order given by Allah and became kafir and accursed. The objection was: Why did you order me to do sajdah before Adam while I am superior to him?

(c) To treat any divine order with disdain even if it issunnah law. For example it issunnah that moustache should be trimmed; now if someone disdainfully says: What nonsense is this? Or what it has got to do with shari'ah? He will become kafir:

Now we come to the categories of apostates and theirpunishments : -

Murtadd is of two kinds: Murtadd fitri & Murtadd Milli

Murtadd Fitri- A person both (or at least one) of whose parents were Muslims at the time of his conception, and then he/she on attaining majority, renounces Islam by his own free will

The rules about Murtadd Fitri differ according to the sex of the offender, i.e. there are different rules for males and females.

A male Muratadd Fitri is to be killed. He is Najis; his wife becomes Haraam for him, and she will observe iddah of death; even during his life; he loses all rights in his property – after repaying his debts the residue will be distributed among his Muslim heirs. And his repentance is not acceptable in this life, according to the well known ruling of the scholars. Bt Ayatullah Al Khoui says that obviously his repentance is acceptable. Accordingly, if he repents he will become tahir, and if his former wife agrees he may remarry her in a fresh marriage. In short, he will be treated as a Muslim - but even then he shall not regain possession of his property unless the heirs willingly return it to him. Likewise the sentence of death shall not be waived even after repentance.

If a woman becomes Murtadd (Fitri), she becomes najis; and haram on her husband, but she does not lose her property, nor is she sentenced to death; and her repentance is accepted. If she refuses to repent, she will be imprisoned for life,

Murtadd Milli: A person who was not born of a Muslim parent; and accepted Islam after attaining majority and later renounced it.

He should be told to repent. If he repents within three days, his repentance will be accepted. Otherwise he would be killed on the fourth day. His Muslim wife will become haram for him, i.e. the marriage will become invalid automatically, and she will have to observe the 'iddah of divorse if the marriage was cosummated, but if he repents during her 'iddah period, the marriage will continue without there being any need for a new nikah.

Murtadd Milli is debarred from managing his property (although! he remains its owner). If he repents, he will regain its management; otherwise he will be given his essential requirements from it until he dies; after his death, the property will be divided among his Muslim heirs.

Q, 43: SOME ITEMS OF SEA-FOOD:

What is the fatwa of Late Ayatullah Al-Khoui or Ayatullah As-Sistani about eating crabs, squids, sturgeons, lobsters, ducks and rabbits?

A: Duck is lawful without doubt. Crabs, squids and rabbits are haram. Sturgeon reportedly has a few scales; therefore this fish and its eggs (caviar) are halal. Lobster like squid and crab is not counted as fish; and is haram.