Alhassanain(p) Network for Heritage and Islamic Thought

Dialogue on slaughtering and hunting

This discussion on “slaughter” completely changed my views. The word slaughter sounded cruel and I did no realize that Islamic teachings showed such consideration to animals.

My father said:

- First and foremost, the person who is slaughtering the animal should take every care to lead the animal gently to the slaughter house. He should let the animal take its fill of water before the actual slaughtering. The animal should not be shown the blade with which it is going to be slaughtered. The blade must be very sharp. It must be used very quickly to slaughter the animal to ensure it is not tortured but brought to a quick death. It is advisable that the slaughtered animal is not moved from the place of slaughter until it is dead.

It is makrouh to carry out the slaughtering of an animal in the sight of other animals of the same kind. It is also makrouh for the person who has reared the animal to kill it with his own hands. Among makrouh acts too is skinning the animal while its soul has not yet parted with its body.

To substantiate what he has said, my father quoted the Prophet (s.a.w.) as saying, “Allah, the Most High, has ordained the performance of good deeds in every thing. If you intend to kill an animal, let it be a quick death; if you intend to slaughter an animal, let it be done kindly: sharpen your blade, and put the animal at ease”.

* Yet, father, I do not know how to slaughter animals.

- If you want to do it, you have to sever the four tracts (awdaj), which are found beneath the projection of cartilage at the front of the neck. Those are the oesophagus, the wind pipe, and the two jugular veins.

* Could you explain more?

- Professional slaughterers say that the proof of cutting those four tracts is that you should see the throat (jawzah) attached to the head of the animal. If not, it can be said slaughtering was not properly carried out.

* So, this means that when slaughtering the animal, I should start cutting from below the throat.

- Precisely, so that the throat and neck are part of the head and not part of the body.

* Suppose I made a mistake and realized that I severed the head leaving the throat with the rest of the body, while the animal was not yet dead, can I rectify the situation by cutting below the throat?

- Yes, you may do that.

Slaughtering camels is unique, in that you should let the tool of slaughtering, be it a knife or a spear pierce the upper part of the chest, of the animal, where it meets the neck.

Now that you know how to slaughter animals, you should get to know the conditions that should be fulfilled to ensure that the meat of the slaughtered animal is halal to consume. These are:

1. The person who carries out the killing must be Muslim, irrespective whether it is a man, a woman, or a boy capable of rational action. The meat of an animal slaughtered by the unbeliever [and even the people of the book, although they might utter the basmallah] is not halal.

2. The tool with which the slaughtering is carried out should be made of iron. If this is not available, you can use any other tool made of any other metal, glass, or sharpened stone that is capable of cutting the four tracts.

* What about knives made of stainless steel?

- They contain traces of chrome that makes it rather problematic to use in slaughtering animals.

3. The animal intended for the slaughter should be set to face the direction of qiblah at the time of slaughtering. This is irrespective of whether it is standing or lying down. If the animal is laid down, its throat and belly should be turned towards qiblah.

* Suppose, the animal was not made to face the qiblah at the moment of slaughtering, what will the consequences be?

- If it was done deliberately, it will be rendered haraam.

* And if it was done inadvertently?

- Should this be due to a mistake, forgetfulness, or ignorance of the condition, its meat should be halal to eat.

4. The name of Allah must be uttered by the person carrying out the killing, be it at the start of the process or slightly before it, so long as there is continuity.

* What should I say?

- It suffices to say any of these phrases, “Bismillah, Allahu Akbar, or Al hamdu Lillah”.

* What if the slaughterer forgot to do the utterance?

- The slaughtering shall still be valid.

* I notice some butchers sever the head of the animal when slaughtering. Is it all right?

- You should advise them [not to do it, because they are bound to sever the spinal cord before it (the animal) is completely dead].

5. The blood should spill out. The meat is not halal, if blood is not let out. Nor is it halal, if only a very small quantity of blood disproportionate to the size of the animal is let out. If, however, the scarcity of bleeding was due to a wound received before the killing, there is no harm in that.

These are the conditions that should be met when slaughtering animals. However, if we were not sure that the animal we slaughtered was alive, it is imperative, besides, to monitor the killed animal for any signs of life, such as a movement in the tail, a twinkle in the eye, or a twitch. This is to ensure that it is halal to eat.

* Earlier on you mentioned that camels should be killed according to a particular way. Are there any special conditions to render their meat halal?

- It is imperative that the butcher satisfies the conditions already discussed. As for the tool of killing, the same conditions apply. Facing the qiblah with the intended kill is necessary. So are the utterance, life, and the letting of blood.

* What about the babies of pregnant animals that are slaughtered?

- If it was delivered alive, the same rules that apply to the mother apply to the baby. It should be ritually slaughtered according to its kind.

* What if it was found dead?

- If the animal was slaughtered according to the rules already discussed and the embryo was full-blown, i.e. with hair, wool, or fur covering its body, it is halal to eat. It is not permissible, though, to delay extracting the foetus from its mother’s womb. Opening up the mother’s abdomen and taking the foetus out is paramount. Any delay that might result in causing the foetus to die, would render its meat haraam to eat.

* What about a foetus whose mother was pronounced dead before it was slaughtered? Is its meat lawful to eat?

- Meat of such a foetus is haraam to consume.

However, if all the conditions already discussed were met when slaughtering the animal, we can say that such an animal is slaughtered, according to Islamic shari’a law.

Insofar as meat is concerned, animals are of three types:

Some whose meat you can eat, such as sheep, cow, and goat. Meat of the second category cannot be consumed, such as lion, tiger, fox, eagle, and some subterranean animals. Meat of the third category of animals is inherently najis, such as dog and pig.

A sacrifice can be made of any animal whose meat is edible. Once it is sacrificed its meat becomes halal to eat. It cannot be carried out on animals that are najis, which cannot be rendered tahir, such as dog and pig.

* What about the second category of animals, whose meat cannot be eaten, such as fox, lion, and eagle?

- They can be sacrificed apart from subterranean animals. Once they are killed, their meat and hide are rendered tahir. Their hide, that has been made tahir as a result of ritual slaughter, can be used in any form, including using it as a container for ghee or water.

* What is the ruling in the matter of the meat or hide of an animal sold by Muslims, especially, when it is not known it was ritually slaughtered?

- You should assume that it was ceremonially slaughtered, unless you have proof to the contrary.

More than that, if the meat came into the hands of a Muslim vendor from an unbeliever, and there was a possibility that the latter slaughtered it, you should also assume it to be halal. That is, unless you are satisfied to the contrary.

However, if you know that the Muslim bought it from an unbeliever without making sure it was ceremonially slaughtered, and there is a possibility that it was, you may assume it is tahir. Yet, you are not permitted to eat the meat. The same ruling applies to all that which is taken directly from an unbeliever.

* What about Muslims, who follow other schools of fiqh, who deal in such meat and leather?

- Irrespective of their denominations, all Muslims are treated the same in this case, i.e. you should assume that the animal was ritually slaughtered.

* Maybe, some Muslim schools of thought do not uphold certain conditions of halal slaughter you mentioned, such as facing the direction of the qiblah when slaughtering the animal, or not saying the utterance. Can I still deem the meat and leather products of such an animal halal?

- As long as the vendor presents it as ceremonially slaughtered, and there is a possibility that it was, you should assume it is halal. Even if you were absolutely certain that they did not uphold the condition pertaining to the qibla, you can still consider the slaughter halal, provided that, according to the slaughterer’s tenets, fulfilling such a condition was not necessary.

* And what is the ruling on animals killed in fully automated abattoir?

- So long as the conditions of slaughtering are adhered to, it is halal to consume. In that a) the operator who is charged with handling the blade, or pressing the button that operates the blade, should ensure that the animal was positioned in the direction of the qiblah, that b) the utterance was made, and that c) the rest of the conditions were fulfilled, the meat of the animal, slaughtered in this way, is halal.

* Having covered the slaughtering of animals like sheep and cattle, could you now tell me about fish. Do we have to follow the same procedure?

- Killing fish is different from slaughtering of the animals we have discussed. As long as the fish was still alive when you caught it, irrespective of the way it was caught, it should be deemed ceremonially killed.

* Suppose a fish jumped out of the water and it was not caught until it perished, would it still be halal to eat?

- It is not halal to eat.

* What about the condition of uttering, “Bismillah”?

- You are not required to carry out this condition.

* In this case, even if an unbeliever was the one who caught the fish, can I still eat it?

- Yes, it is permissible to eat.

* If the fishmonger was Muslim, and I do not know whether he caught the fish while it was still alive, can I deem it halal to consume?

- You should assume that, so long as the fish the Muslim fishmonger sells satisfy the requirements of the shari’a.

* Should this be the case, if the fishmonger was non-Muslim, and I was not certain whether the fish he sells were caught alive?

- You should assume it was dead. Moreover, even if such fishmonger tells you that it was all right to consume, you should not eat them, unless you were satisfied that the fish were caught while they were alive, irrespective of the method of catching, such as in a net or from a fish farm.

* Suppose a fisherman caught the fish by installing a net, waiting for the ebb to take place, and when the net was left high and dry, a number of fish was trapped and found dead. Would it still be deemed halal?

- Yes, you can eat it.

* What about modern methods of fishing, such as by trawlers, using huge nets extending miles; and the types of net that scoop fish, were many fish are already dead in the net due to either the weight of the catch or other reasons?

- Fish caught in this way can be eaten.

* Sometimes fish are taken out of water, then they are cut or hit on the head before they are cooked or grilled.

- You are allowed to eat such fish, because it is not conditional that the fish dies unaided.

* Do I need to wash away the blood that resulted from killing it?

- Fish blood is tahir.

* This has been the ruling on fish. What about hunting wild animals, such as gazelle, with a rifle?

- There are conditions that should be fulfilled in rendering the kill halal.

Among these are:

1. The hunter, including the discerning boy, must be Muslim, as outlined in the conditions of slaughtering already discussed.

2. He should be intent on hunting; that is, if he was to shoot and kill an animal by mistake, the kill is not halal to eat. Nor is the use of any part of its carcass.

3. Before using the hunting weapon or at the moment of firing, the hunter should utter, “Allahu Akbar”, or “Bismillah”, or “Alhamdu Lillah”.

4. The hunter must rush to his kill to slaughter it. Had he found it dead, then it is halal. If, however, there was not enough time to do the slaughtering, it would still be halal. Coversely, if the hunter got to the place where the animal fell, and there was enough time to slaughter it, but did not hasten to kill it until it was dead, it will not be halal.

5. In hunting with a rifle, the aim should be to shoot the animal and ensure that the bullet penetrates the body, so much so that the cause of its death be the actual shooting and penetration.

*. What if the wild animal, whose meat is halal to eat, was hunted and captured by a dog?

- It shall be tahir and its meat is halal, provided the following conditions are met:

a. The dog should have been trained for hunting and in obeying instructions.

b. The dog should be sent to carry the task out by its owner, i.e. not of its own accord.

c. The handler, or owner, of the dog must be Muslim.

d. When the dog is set forth, the handler must utter the name of Allah, as previously explained.

e. The cause of death of the captured animal must be due to the wounds inflicted by the hunting dog, and not due to strangulation, or exhausting it through chasing.

f. The handler, or owner, of the dog must rush to the animal to slaughter it, should there be ample time to do so. If, however, he found it dead or at the brink of death and there was not sufficient time to perform the slaughtering, it is halal. If there was ample time to slaughter it, but he hesitated until it perished, it shall not be halal.

* If hunting was done by, say, a falcon or a leopard?

- The kill shall not be halal to eat. Only hunting by trained dogs is halal. You should also remember that the place of the bite in the carcass is najis and must be washed. Eating is not permissible before the carcass is washed.

* What if a falcon captured an animal, and that it was still alive when the owner arrived at the scene to slaughter it?

- It is halal to eat, if it is from that which is permitted to consume, provided that the handler of the bird slaughters the hunted animal according to the conditions outlined earlier on.

* I have noticed that you sometimes use phrases like, “Meat of animals that are halal to eat”, or “That which is not allowed to be eaten”. Are there any animals whose meat cannot be eaten at all?

- Yes, here are some of those animals whose meat is halal to eat and others whose meat is not:

Among land animals, that are halal to eat, are: chicken, sheep, cow, camel, horse, mule, gazelle, donkey, antelope, wild cow, and zebra.

It is makrouh, though, not haraam to eat meat of domestic horse, mule, and donkey.

It is haraam to eat meat of carnivorous animals, that have claws, such as lion and fox.

It is haraam to eat the meat of rabbit, elephant, bear, monkey, jerboa, mouse, snake, hedgehog, and crawling animals and insects.

Going back to the classification of animals that can or cannot be eaten, I feel that the subject shall not be complete without discussing marine animals.

You can eat all species of fish, provided that they have scales.

It is haraam, however, to eat dead floating ones.

Among marine animals and amphibians that are haraam to eat are cat fish, tortoise, frog, and lobster.

* What about prawns?

- They are halal to eat, for scales cover their skin.

Among birds, that are halal to eat, are pigeon of all species, sparrow, swallow, pheasant, nightingale, ostrich, peacock, etc.

[It is haraam to eat meat of crow, of all kinds; so are wasps and other flying insects, apart from locust].

Haraam too is the meat of all birds of prey, i.e. that have talons, such as falcon, hawk, and eagle. So is the meat of any bird that, during flying, glides more than flaps its wings.

* What if I do not know the way it flies?

- The criterion to be followed in this case is that the bird should be among those birds whose meat is halal to eat. Among the indicators that may identify it as being halal is that it should have one, or more, of three organs - a craw, a spur, or a gizzard.

* I have noticed that some butchers extract certain parts from the carcass and throw them away.

- That is right. The parts of the carcass that are forbidden to eat are:

Blood, dung, reproductive organs, placenta, glands of all kinds, testicles, bone marrow, gall bladder, spleen, bladder, eyes, [and the two nerves extending from the neck alongside the spine to the tail].

Those are the parts of animal carcasses that should be avoided. As for birds, blood and droppings are haraam, [beside those parts of animal carcasses mentioned earlier, if they were present].

* If I may, could you, firstly, tell me whether there are other forbidden things, apart from those we have already discussed? And secondly, are there mustahab acts relating to food and drink?

With a smile, my father said:

Concerning the first part of the question, yes there are things that are haraam to consume, especially two things:

1. It is forbidden to drink alcohol and other intoxicants, including beer. The Holy Qur’an spelt that out unequivocally,

“O you who believe! intoxicants and games of chance and (sacrificing to) stones set up and (dividing by) arrows are only an uncleanness, the Satan’s work; shun it therefore that you may be successful”. (5/90).

Also, a tradition from Imam Ja’far as-Sadiq (a.s.) has it, “Alcohol is the mother of wickedness and the spearhead of every evil deed …”.

It is forbidden to eat on a table on which intoxicants are served; [rather, sharing such a table is haraam].

2. It is haraam to consume all that which could endanger one’s health, and may lead to death, such as taking poison.

As for the second part of your question, mustahab acts pertaining to eating and drinking are numerous; however here are some of them:

1. Washing both hands before and after eating, and ensuring that they are dried.

2. Uttering the basmalah once you start eating.

3. Eating in small morsels.

4. Food must be thoroughly chewed.

5. Prolonging meal time.

6. Starting and concluding the meal with salt.

7. Washing fruits and vegetables thoroughly before eating.

8. Do not eat while you are still full.

9. Do not eat very hot food.

10. Do not blow, or exhale, in food or drink.

11. Try not to skin fruits that are intended to be eaten with their skin.

12. Finish eating what you have started.

13. Do not attempt to look people in the face while they are eating.

14. The host should start before the guests and finish after they have finished.

15. Do not drink water with fatty food.

16. Eat from the plate, or place, nearer to you, i.e. not from those placed in front of other people.

17. Do not over eat.

18. Using the right hand, for those who are not left-handed, in eating.

Dialogue on Marriage

Our neighbour, Hussain has invited us to attend the wedding party of his son, Ali. It will take place at five o’clock in the afternoon of this coming Friday. We shall be with them on this happy occasion.

* But Ali is still in the prime of his youth. He is only twenty years old. It is not yet time for him to get married!

- Do I hear that you say it is not time for him to marry! He is as you very young and active mentally and physically. Because his sexual urge is strong, he needs to be able to satisfy it. Marriage at an early age is the best defence against falling prey to that which is sinful. That is because man’s soul is bent on temptation;

“And I do not declare myself innocent, most surely (man’s) self is wont to command (him to do) evil, except such as my Lord has had mercy on, surely my Lord is Forgiving, Merciful”, declares The Almighty. (12/53).

I must admit that the moment my father started talking about man’s sexual urge, I felt embarrassed. Young people at my age feel constrained when it comes to discussing these matters, although we need to discuss them.

When my father saw me blush, he remarked:

- Are you embarrassed?

* Yes, for talking about sex is not an easy subject.

- And talking of sexual drive is embarrassing. Isn’t it?

* Yes.

- Yet, it is a biological need which every ordinary man and women feels the urge to satisfy, in the same way hunger and thirst are satisfied.

* Nevertheless, Ali is still young.

- At a certain stage, man must get married.

* Do you mean it is a requirement of the shari’a law?

- Yes, to marry is obligatory for people, whose sexual desire could lead them to committing that which is haraam.

* So, Ali was courageous enough to decide to marry, while still at a tender age.

- Brave, and principled. He decided to enter into holy matrimony to ward off temptations and satisfy his sexual desire. For him, it was a matter of principle, because his firmness could have been undermined and he could have been tempted into wrong doing.

For such unsettling experience, Ali preferred to face the problem head on and approach his father, expressing an interest in marriage, and acting upon the Prophetic saying, “He who gets married shall safeguard half of his religion; so he must fear Allah in the remaining half”.

Furthermore, marriage is one of the acts that are loved by God Almighty,

“And one of His signs is that He created mates for you from yourselves that you may find rest in them, and He instilled in you love and compassion for one another; most surely there are signs in this for a people who reflect”. (30/21).

“O people! be careful of (your duty to) your Lord, Who created you from a single being and created its mate of the same (kind) and spread, from these two, many men and women ..”. (4/1).

Traditions extolling the virtue and merit of marriage abound. The Prophet (s.a.w.) was quoted as saying, “Get married and encourage (your sons and daughters) to marry”. It has also been narrated from Imam Mohammad al-Baqir (a.s.) thus, “There has not been created any institution in Islam which is more favoured and dearer to Allah than wedlock”. And Imam Mousa al-Kadhim (a.s.) had this to say, “Three (types) of people shall find refuge in the shade of the Creator’s Throne on the Day of Judgement where there shall be no shade but His: A man who took it upon himself to set up his brother in matrimony, a person who did his brethren a service, and a third who did not breach the trust placed in him by others”.

There are more such hadiths that, beside urging men and women to get married, stress the revulsion for staying celibate.

* Do I hear that you said, “Men and women”?

- Yes, it is makrouh (a repulsive or repugnant act) for both men and woman not to enter into matrimony. There are scores of traditions, or hadiths, that urge women to marry. Imam Abu Abdullah (a.s.) said, “The Messenger of God Almighty (s.a.w.) forbade women from becoming recluses so that they shun marriage”. And, “It is blissful not to delay the marriage of women”.

* So, marrying at an early age is a good thing to do. Yet, father, the cost of marriage nowadays is enormous.

- Maybe, but Islam calls upon us to avoid being extravagant in marriage arrangements.

* And what about the staggering sums of dowry the families of some would-be brides ask for?

- It is mustahab to ask for small dowries, and it is makrouh to demand a big dowry. The Prophet (s.a.w) said, “The best among the women of my umma (Islamic community) are those who have brighter faces and smaller dowries”.

It is worth noting, however, that our Prophet (s.a.w.) gave his daughter, Fatima in marriage to Imam Ali (a.s.) for a small dowry - a coat of arms.

* What about a person who does not have a job or a regular income to sustain a family?

- Allah, the Most High, said in His Holy Book,

“And marry those among you who are single and those who are fit among your male slaves and your female slaves; if they are needy, Allah will make them free from want out of His grace; and Allah is Ample-giving, Knowing”. (24/32).

In a commentary on this verse, Imam Ja’far as-Sadiq (a.s.) said, “Whomsoever steered clear of the road of matrimony for fear of bearing the extra burden of starting a family, he has thought badly of Allah, for He said, “Allah will make them free from want out of His grace”.

* There is the problem, that has been created by some some families of would-be brides who make it difficult for prospective husbands. They spoil the chances of their daughters getting married by setting unatainable targets. They seek to appraise the suitability of the bridegroom against certain criterion that they deem befitting to their daughters. The result is that many a woman are left unmarried. This attitude, however, is not new.

- It has been narrated that Imam Mohammad al-Baqir (a.s.) received a letter from Ali bin Asbat, in which he asked him for advice on how best he could give his daughters in marriage, because he could not find the right men for them. This was the Imam’s reply, “I took note of your letter regarding the situation of your daughters. Do not dwell on your idea, May Allah have mercy on you, because the Messenger of Allah (s.a.w.) said: Whoever approached you with the intention of marrying, you should look at their character and piety. If these were acceptable, go ahead and give your women in marriage to them. Should you refrain from that, there shall be discord in the land and great immorality”.

* At this point, my father left me to my thoughts, pondering the array of harmful social practices that our society has evolved. Such adverse social customs have nothing to do with Islam and its injunctions that recognize, above all, good ethical standards as prerequisites for choosing a husband or a wife.

Soon it was time for my father and I to go to Ali’s wedding party.

The atmosphere was full of joy and happiness; people were clad in beautiful clothes, and bouquets of flowers adorned the tables.

An alim was there to conduct the marriage ceremony. There was a dignified silence, only to be broken by his voice of addressing the bride, on the other side of a screen. He was asking for her agreement to act as her proxy in entering into the marriage contract. After reciting few verses from the Holy Qur’an and narrating Prophetic hadiths, appropriate to the occasion, he said to the bride, “Do you agree, O Fatima! that I represent you and declare you wife of Ali, son of Mohammad for a dowry of five hundred Dirhams? If you agree, say: You be my attorney”. With a faint voice, revealing some diffidence, Fatima replied: You be my attorney.

No sooner had she uttered the sentence, the sound of cheering erupted. The smiles of people were everywhere.

The alim then approached Ali and announced, “I wed you Fatima, daughter of Ahmed for a dowry of five hundred Dirhams in cash”. Thereupon, Ali responded, “I Accepted the marriage”.

* However, why is the dowry so small?

- This is the dowry set by the Prophet (s.a.w.), i.e. five hundred silver dirhams then.

* Has Fatima the right to enter into the marriage contract without a third party, i.e. without someone to officiate?

- Yes, either or both parties to the contract can enter into the marriage directly, i.e. without appointing agents; it is preferable, though, that the formula of “assent and acceptance” is adhered to.

* How?

- It is, for example, when the woman says, “I give you myself in matrimony”. The man should say, “I accepted the marriage”.

This is the case in a permanent marriage.

* Is there another form of marriage that is not permanent?

- Yes, there is the fixed-term marriage where a duration and a dowry for the marriage are fixed. As for the duration, it should not exceed the age of either party to the marriage contract.

In common with permanent marriage, man and woman can enter into the marriage contract themselves or through proxies. If both decide to enter into the contract themselves, the form of words used by the woman should be, “I give you myself in marriage for (x days, months, years) for a dowry of (x dirhams)”. The man should respond immediately, i.e. without hesitation or pause, “I accepted the marriage”.

* Does this mean that they become man and wife?

- Yes, except that they do not inherit one another, that the husband is not obliged to maintain the wife, and that he is free not to stay overnight with her. Should the duration of marriage expire, the woman should no longer be halal for the man to have sex with. In permanent marriage, the wife is halal for the man as long as they live, unless it is terminated by divorce.

However, there are conditions attached to the marriage contract:

1. The verbal proposition of marriage and its acceptance. That is, it is not sufficient for both parties to agree the marriage, be it permanent or fixed-term; nor would the written contract alone be sufficient to consummate the marriage.

2. The intent to consummate the marriage, be it by the man or wife, if they have performed the contract rite themselves, or their representative.

3. The wholehearted agreement of man and wife.

4. Explicitly identifying both the man and the woman to be wed. Thus, the contract shall not be valid, if, for example, a man said to another, “I give you one of my daughters in marriage”.

5. [Performing the verbal formula of contract in Arabic, where possible].

6. The person who conducts the marriage ceremony should be [adult] and sane.

If all these conditions are met, the marriage contract shall be valid and both its parties shall be man and wife with immediate effect.

* Immediately, even before the wedding party is over?

- Yes, when the contract is complete, both parties become man and wife.

However, you should know that the validity of the marriage of a sane adult virgin woman is subject to the permission of her father or paternal grandfather [even if she was independent].

* What about a non-virgin woman?

- She would have independent decision over her marriage.

* If a man married a woman on the presumption that she was virgin, but discovered afterwards that she was not, has he the right to annul the marriage contract?

- Yes, he has the right to deem the contract null and void.

* Should he decide to waive his right, what would the alternative be?

- He should be able to receive the difference in dowry between that of a virgin and non-virgin woman.

* Has the man the right to marry any woman he likes?

- Yes, he has such a right, except for certain categories of woman whom he cannot marry for they are forbidden due to blood relationship. These are:

1. Mother and paternal grandmother.

2. Daughter and his son’s daughters.

3. Sister, her daughters and their daughters.

4. Brother’s daughters and their daughters.

5. Paternal and maternal aunts.

6. Mother-in-laws and their paternal and maternal grandmothers, that is even the marriage was not consummated.

7. Step daughter of a marriage that was consummated.

8. Step mother and step grandmother.

9. Daughter-in-law and the wife of a grandson.

10. Sister-in-law, at the lifetime of his wife, for it is forbidden to marry two sisters at the same time.

11. Nursing mother and her daughters by birth and otherwise, who are forbidden to him because of lineage, since the principle of prohibition is one.

It is also forbidden for the natural father of the suckling infant to marry the natural daughters of the nursing mother [and the daughters of the man whose milk they shared, be they blood related or by way of suckling]. It is to be noted, however, that not every type of breast feeding necessarily leads to prohibition of marriage. Some of the parameters that render breast feeding a source of forbidding marriage are as follows:

a. The suckling must be administered directly from the breast of the woman, i.e. it is not of a consequence, if the woman’s milk was fed to the baby by a feeding bottle.

b. The suckling child should be less than two years old. Breast feeding a child over two years old is irrelevant.

c. The suckling should contribute to the child’s flesh building and bone strengthening. If, however, this is unclear, breast feeding of a “full day and night” or “fifteen suckling sessions” would be considered to have contributed to breast feeding. If the matter can not be resolved, by applying these limits, ihtiyat should be observed.

It is to be noted, though, that in applying the time limit of “one full day and night”, no other source of feeding, apart from the woman’s milk, must be given during that time. Should the child be prevented from breast feeding for part of the time, or was given milk from another woman or other food, the principle would not apply. [It is important that the suckling child is hungry from the outset, so that he takes its fill, and is contented by its feeding].

The fifteen sessions of breast feeding, should form an uniterupted sequence by one woman. Each suckling session should be complete, in that the baby should take its fill.

There are more rules regarding breast feeding detailed in jurisprudence books.

* If a man married according to the dictates of the sacred shari’a law, what should he expect from his wife?

- Allah The Most High, says in His Holy Book,

“Your wives are a tilth for you, so go into your tilth when you like, and do good beforehand for yourselves …” (2/223)

A man can lawfully have sexual intercourse with his wife. That is, she must not prevent him from doing so, except where there is a valid reason preventing that. It is forbidden for the wife of a permanent marriage to go out without her husband’s permission.

A husband should provide maintenance for his wife, by permanent marriage, be it food, clothes, or accommodation commensurate to his income and lifestyle.

He is not permitted to refrain from having sex with his wife for more than four months, unless she allows it, or there is a valid reason that could entail harm or an untenable situation. This prohibition is even more rigorous, if the wife is young.

* What would happen if the husband did not provide maintenance for his wife?

- He shall be indebted with the cost of maintenance. If he insisted on withholding it, despite her demand, she is permitted to take it out of his property, even without his knowledge.

There are, however, other rules that are designed to uphold the moral code:

1. It is forbidden, for any man or woman, who are not married to each other, to look or touch one another with sexual desire and satisfaction; this also applies to children. It is also haraam for people of the same sex, to do this to one another, if they are men, women, or children.

2. Apart from husband and wife, it is forbidden to look at the private parts of other people, male and female [including discerning children].

3. It is forbidden for a man to look at the body and hair of a woman to whom he is not married. It is permissible, though, to look at her face and hands, provided that the manner of looking does not arouse sexual desire. Likewise, the woman is not allowed to look at a man to whom she is not married, except for his head, hands, and feet, provided that this does not arouse sexual desire.

4. Apart from the private parts, and without sexual desire, men and women can look at the bodies of their counterparts. Likewise, with the exclusion of private parts and barring sexual gratification, men and woman can look at the bodies of their maharim. Accordingly, one can look at the body of one’s mother, sister, aunt, niece, and grandmother.

* What about looking at one’s sister-in-law, and paternal and maternal cousins?

- No, it is not permissible to look at them, because they do not fall within the same category of maharim, i.e. they are alien to him.

5. The woman must cover her hair and body because they are forbidden to be exposed to the gazes of men [including the boy who is capable of rational action, if such exposure could arouse his sexual desire]. The face and hands are excluded from this restriction, provided she was sure of not committing a sinful act, and that exposing such parts of the body is done with the aim of enticing men into malicious looking.

6. If a man was committed to marrying a particular woman, he is permitted to look at those parts of her body such as face, hair, neck, hands, wrists, and legs, but without sexual desire.

7. A male physician is permitted to look and touch a patient woman’s body, if the treatment calls for it. This is so, if the woman was forced to seek treatment with a male physician, because he was more capable of administering better treatment than a female physician. Conversely, she should seek treatment with a woman doctor.

8. A Muslim man is allowed to marry a Christian or a Jewish woman on a temporary basis.

* That is despite her not being Muslim nor a believer, and her not believing in the permissibility of temporary marriage?

- Nevertheless, marrying her on such basis is allowed.

9. A man is not permitted to marry more than four women by way of permanent marriage. He also has the right to divorce his wives.

Dialogue on divorce

Allah Almighty hates divorce. Traditions discouraging divorce abound. It has been narrated from Imam Ja’far as-Sadiq (a.s.), “There is nothing more hateful to Allah, the Exalted, than divorce”. The Imam (a.s.) was also quoted as saying, “Marry and do not divorce your wives, for divorce causes the Throne to rock”.

* Is it that abhorrent?

- Yes, and to keep abreast with the rules of divorce, I am going to outline the conditions that should be fulfilled so that divorce can be deemed valid.

The party who is filing for divorce must be adult, sane, and have free will. That is, a divorce coming from a boy, the insane, or one who is under duress is invalid.

The intent, by either or both parties, to go their own separate ways. That is, the divorce shall not be in order when it is done in jest, inadvertently, or by someone who is not able to discern what it means to divorce one’s partner.

* What is the formal wording of divorce?

- Divorce shall not be enforced, unless a particular procedure is followed. The formal wording of divorce should be recited in Arabic, for those who can speak the language, in the presence of two witnesses of impeccable character.

The husband may utter the following, “My wife - mentioning her name - is hereby divorced”. If she is present, he could say to her, “You are divorced”. If there is a proxy acting on behalf of the husband, he could say, “The wife of my mandator - stating her name - is hereby divorced”. There and then, divorce becomes a reality.

* Is it compulsory to mention the name of the wife?

- No, it is not necessary, if she is known, identifiable, and the husband does not have any other wife beside her.

However, divorce cannot be carried out, unless the wife is free from haydh or nifas, except for a wife in a marriage that was not consummated, a pregnant woman, and some cases of absent husbands. The husband is not permitted to divorce his wife, who was tahir of haydh, after having a sexual intercourse with her; he should wait until she had her next haydh and become tahir thereof. Only then can he divorce her.

In a temporary marriage there shall be no divorce. Instead, the expiration of the agreed duration of marriage heralds the end of the relationship. If separation is sought before the end of the duration of marriage, the husband can grant the wife the remaining period by saying, “I grant you the remaining period”.

The validity of granting the remaining period does not warrant the presence of witnesses, nor does it require the woman to be tahir from a haydh or nifas.

A divorced wife who has not attained menopause, after the marriage was consummated, should observe a waiting period from the date the divorce was pronounced, not from the date the news of the divorce was broken to her.

The waiting period for a non-pregnant woman is three menstrual periods. The duration between the divorcee and menstruation is considered one period, irrespective of whether it was short.

* Does this mean that the period of waiting of a divorced woman ends as soon as the third menstruation occurs?

- Yes, that is correct.

* What about the waiting period of a divorced pregnant woman?

- The waiting period of a divorced pregnant woman is the duration of her pregnancy, irrespective of whether it was full, culminating in birth, or premature or still birth.

* Is it the case, even she gave birth to her baby one day after the divorce was announced?

- Yes, even if her giving birth took place one hour after she was divorced, provided that the born baby is the offspring of her ex-husband, i.e. not illegitimate.

* Should the woman, who was a party to a temporary marriage, observe a waiting period, after separating from her husband?

- Yes, if she was adult, of a menopausal age, not pregnant, and her marriage was consummated, the waiting period is [two menstrual periods], for the woman who still has a period, and forty five days for her whose period has stopped due to illness or any other reason.

As for divorce, which is the prerogative of the husband, it is of two kinds - irrevocable and revocable.

In an irrevocable divorce, the husband may not return to his divorced wife, without a new marriage contract.

In a revocable one, the husband may return to his wife without the need of a new contract or dowry, so long as she was still in her waiting period.

Of the types of irrevocable divorce is (khal’ie), i.e. at the instance of the wife, who must pay a compensation to the husband. It is the case of a wife who is unhappy with her husband, so much so that she resorts to threatening that she will not grant him his matrimonial rights. This khali’e divorce can come about when the wife is determined to end the marriage. She can address the husband thus, “I absolve you of paying my dowry, provided that you part company with me”. The husband can reply, in Arabic and in the presence of two witnesses of unblemished character, “My wife, -stating her name- is divorced in return for the compensation she offered”, or “X is divorced in return for - x - amount”.

* Do you have to mention the name of the wife here?

- If she was identifiable, i.e. being the only wife for instance, you may choose not to mention her name.

* Is it all right if the compensation offered to the husband is anything other than the dowry?

- Yes, it is in order.

* Can man and wife appoint proxies to carry out the divorce procedure?

- Yes, they can.

* In some cases, the absent husband’s whereabouts are not known and it cannot be ascertained as to whether he is alive, can the wife divorce him?

- The wife has the right of recourse to the Marji’. In such a case he would normally request that every effort should be made to trace the absent husband. This could take the best part of four years. The investigation period may yield nothing of substance regarding the husband’s whereabouts or fate. The other course of action, that must be exhausted, is if the husband has any property the marriage can still be salvaged by providing maintenance for the wife. If he has an agent, he should provide for the wife. If neither is forthcoming, the Marji’ could instruct the agent to grant her a divorce. In the event of the agent refusing to comply, or the husband having no agent, the Marji’ can pronounce her divorced.

* If the husband was imprisoned for life, and thus not in a position to maintain his wife, but was insistent on not divorcing her, what will happen?

- She could approach the Marji’. He would contact the husband to instruct him to grant his wife a divorce. Should he choose not comply, and it was not feasible to force him to do so, the Marji’ could pronounce her divorced.