Alhassanain(p) Network for Heritage and Islamic Thought

Q. 25: RELIABILITY OF DUA الهی عظم البلاء و برح الخفاء

I am perplexed with a problem that I don't know what I shall do. I recite the Du'as in the Ithna-asheri Mosque, and it is one of the Duas which is usually recited is.

الهی عظم البلاء و برح الخفاء For so long I have been reciting this Dua without any doubt: but recently a certain old man told me that it is 'SHIRK' to recite this Dua. He showed me verses from the Holy Qur'an proving his claim.

For certain period I ceased to recite this dua. Then my father insisted that I should continue to recite it. When that man heard me reciting this dua again, he asked me why I had resumed it and I replied him that my father told me to continue reciting it. Then that man quoted this verse from the Holy Qur'an and said that in this case I should not follow my father-

"'AND IF THEY (THE PARENTS) CONTEND WITH THEE THAT THOU SHOULD ASSOCIATE WITH ME (ALLAH) WHAT THEE HAST NO KNOWLEDGE OF (THEN THOU) OBEY THEM NOT………..''(Ch 31,verse 15)

Now whom should I follow, my father or that man? To support his claim that man said that there is not any tradition from the Aimma (a.s) which says that we can ask them besides Allah

A. Shirk, in short, is of two kinds: (1) Shirk in belief, and (2) Shirk in actions. Shirk in belief means believing that there is more than one God.

We know that your belief is free from that type of Shirk. Shirk in action: One example, in Islamic Sheriat, of this type of Shirk is doing Sajda to other than Allah. But this entirely depends upon the order of Allah, and here we can not use our own judgment. For example, let us look at the above-mentioned example:-

Allah ordered the angels to do Sajdah before Adam (as); and when Satan disobeyed, he was not honoured as true "Muwahhid" (monotheist), but was branded as a "Mal'un", because he disobeyed Allah.

Likewise, Hadhrat Yakub (a,s.) and his eleven sons did Sajdah to Hadhrat Yusuf (as); and they were not called "Mushrik".

But the same thing which was allowed for angels and Hadhrat Yakub (a.s.) is now absolutely forbidden in Islam, and if one does it now, he will be called a "Mushrik". So, the Shirk in action can not be comprehended or adjudged by us. It rests on the order of Allah.

Another example: There were hundreds of idols in Kaaba; and the Arabs worshipped them and kissed them and what not. And also in the walls of the same Kaaba was the "Black Stone", also honoured and kissed by the Arabs.

The Holy Prophet destroyed all the idols; but did nothing against "the Black Stone": rather, he made it an object of reverence and kissed it. Now, the Christian writers allege that the Black Stone is a legacy of paganistic rites. But we know that kissing it and respecting it is not Shirk because it is done by the order of the Holy Prophet. Non-Muslims may not understand the difference between kissing an idol and kissing the Black Stone; but for the Muslims the difference is clear.

The trouble is that many people rely upon their own judgment in deciding whether a certain action is Shirk or not. The result is that Sunnis, for example, think that doing Sajdah on a "Muhr" is Shirk; making Taazia is Shirk; kissing the Zarih of the Holy Prophet in Madina is Shirk.

They do not understand that so far as our actions are concerned, they have to be governed by the commands of Allah, the Holy Prophet (saw.) and Masumeen (a.s.)

After this short explanation, let me tell you that this Dua الهی عظم البلاء و برح الخفاء has been recorded by Sheikh Mufeed (a.r), through his chain of narrators from Hadhrat Seheb-ul-Asr (a.s.). Sheikh Mufeed died in 423 AH.

Then Sheikh Tabrasi (who wrote Tafseer Majmaul-Bayan and died in 548 A.H.) narrated another incident concerning the same Dua. The incident is as follows:-

Abdul Hasan Muhammad bin Ahmad bin Abil-Laith (who was a well-known pious man) was in danger of his life and had fled to the graves of our 7th and 9th Imams (a.s.) and hidden there.

Then Hadhrat Saheb-ul-Asr came to him and taught him this Du'a and by reciting it, he was spared his life and the danger passed away. When the Imam (a.s.) was teaching him this Du'a, and came to the words یا مولای یا صاحب الزمان he pointed to his own chest.

The Dua printed in 'Mafatihul Jinan' (on page 115-116) is narrated from Sheikh Kaf'ami (who died in 895 A.H.). There are a few differences in the 3 narrations, but they are immaterial.

I remember some one had written to me from Zanzibar that this Du'a is narrated by an "unknown" person. In view of above-mentioned details it is obvious that the narrator was "unknown" to only those "who do not know".

It is not correct to say that there is no tradition to show that we can ask from Masumeen (a.s.). There are some traditions, one of which quoted here from Bihar-ul-Anwar:-

Imam Jafer Sadiq (as.) told his companion, Mufazzal bin Umar: "If you have any "Hajat" (need) towards Allah and are unable to fulfil it then pray 2 Rak'at Namaz; after Namaz say Takbir 3 times; then recite Tasbih of E Fatima (a.s.), then go into sajda and say 100 times یا مولاتی یا فاطمه أغیثیينی (O My Lady, O Fatima, Help me); then put your right cheek on earth and say likewise (100 times), then go into Sajdah and say likewise 110 times; then mention your need, and Allah will fulfil it." He is the same Mufazzal who had written the book of توحید مفضل from dictation of the same imam (a.s).

If seeking any help from anyone other than Allah is Shirk, then no prophet and no Imam could be called Muwahhid. There are scores examples even in the Qur'an where prophets sought others' help. Hadhrat Isa (a.s) said من انصاری الی الله (Who are my helpers in the cause of Allah?)

The Holy Prophet (s.a.w.) sought help of the Muslims of Madina and they are called انصار (Helpers) in the Qur'an.

Also, we know that Imam Husain (a.s.) several times asked the army of Yazid to help him (Istighathah). Was it, God forbid, bad to seek the help of those unbelievers?

Our Imams (a.s.) had to contend with various types of "Fitnah' in their days. There were some persons who thought that the Imams were Khalique and Razique; others said that they were the "Rabb' (god). While refuting such falsehoods, our Imams (a.s.) had to emphasize their total dependence on Allah in all matters.

On the other hand, there were a great many people who did not know how high was the position of Muhammad and Aal-e-Muhammad (a.s) before Allah. When talking to such persons, (if the circumstances allow and there was no danger to them from such statements) the Imams (a.s) described their exalted position.

For example. Sheikh Karajiki (died 449 A.H.) has narrated that once Imam Abu Hanifah (founder of the Hanafi school of law) took his food with Imam Jafar Sadiq (a.s.); at the end of the meal, Imam Jafar Sadiq (a.s) said:

"All thanks are due to Allah, the Lord of the universe; O Allah! it is from Thee and from Thy Rasul".

Abu Hanifa said: "O Abu Abdillah! you ascribed a partner to Allah? Imam Jafar Sadiq (a.s.) said: Woe to thee! Verily Allah says in His Book:

وَمَا نَقَمُوا إِلَّا أَنْ أَغْنَاهُمُ اللَّـهُ وَرَسُولُهُ مِن فَضْلِهِ

(And they did not become (your) enemy, but just because Allah and His Apostle had made them rich from His bounty). (Qur'an, 9:74)

And He says in another Place.

وَلَوْ أَنَّهُمْ رَضُوا مَا آتَاهُمُ اللَّـهُ وَرَسُولُهُ وَقَالُوا حَسْبُنَا اللَّـهُ سَيُؤْتِينَا اللَّـهُ مِن فَضْلِهِ وَرَسُولُهُ

(If only they had been content with what Allah and His Apostle gave them, and had said, 'Sufficient unto us is Allah; Allah and His Messenger will soon give us of His bounty").(Qur'an, 9:59)

Abu Hanifah said: "By Allah, it is as though I had never before read or heard these two Ayats from the Book of Allah."

Imam (a.s.) said: "No; surely you had read them and heard them. But Allah has revealed about you and your like and He said:

أَمْ عَلَىٰ قُلُوبٍ أَقْفَالُهَا

(or are their hearts locked up by them?) (Quran, 47:24)

And also He has said:

كَلَّاۖ بَلْۜ رَانَ عَلَىٰ قُلُوبِهِم

By no means! But on their hearts is the stain of (ill) which they do. (Qur'an. 83:14)

Your 'old man' should not try to refute this Hadith by saying that this episode, perhaps, is not authentic; because, even if we totally reject this episode, there is no way to reject the argument given in this Hadith because that argument is based upon Qur'an and Qur'an cannot be rejected.

Q. 26. OUR IMAMS WERE ARABS. WHY NOT ARE WE ARABS?

One Shia brother asked me. "Our Imams were Arabs. Why are we not Arabs?"

A. Well, Arab means a resident of Arabia, or one whose mother language is Arabic. Our Imams were Arabs because they lived in Arabia.

How can a man living in Africa or India become Arab? The Prophet (s.a.w.) was an Arab; but he was sent for the whole mankind. He declared, "I have been sent to all: red, black and yellow." And surely among his followers are people of every race and every country. Does your friend mean that the whole mankind should be squeezed into Arabia, to make them Arabs? You should remember what Allah has said in the Qur'an:

"O people. We have created you of a male and female; and we have distributed you into groups and tribes so that you might know one another; verily the most honoured of you before Allah is the one who is the most pious of you." (Qur'an, 49:13).

And the Holy Prophet of Islam has said: "There is no superiority for a Quraishite over a non-Quraishite, nor for an Arab over a non-Arab. All of you are from Adam and Adam was from dust"

So, the Prophet and Imams (peace be on them all) had come to make us most pious and most God-fearing; they had not come to make us Arab. Our colour, origin or country was not their concern at all; they were interested in making us good believer and good Muslim.

Q. 27. WHY SHOULD JESUS FOLLOW MAM MAHDI?

Why should a great Prophet, Jesus,follow an Imam, Hazrat Mahdi (a.s.), at the time of their re-appearance?

A. Our twelve Imams are higher and greater than all previous prophets except Hadhrat Muhammad Mustafa (s.a.w.) whose successors they are. As to why, please, read my book "Muhammad is the Last Prophet".

Q. 28: WHO ARE GOG AND MAGOG?

Gog and Magog are two terms descriptively used in reference to two nations of people they are mentioned in Christian Scriptures (the Revelation of St. John - King James Version of the Bible).

Now, who are the Gog and Magog people? Realize that I understand that Zul-Qarnain is considered to be Alexander the Great; however Sura is dealing with the future tense and it is that I am concerned with. Any assistance you may render in helping me will be most deeply appreciated by me.......also…..Said the Prophet.

"How excellent a gift and how admirable a present is a word of wisdom which you hear and inwardly digest and then carry it and teach it to a brother Muslim; verity it is equivalent to a year's worship".

Said the Prophet. "In truth Allah and His angels as well as the heavens and earth, even the ant in it's hill and the whale in the sea, will bless the man who teaches his fellow man."

A. I have sent you a book "Day of Judgment" in which this topic has Seen discussed briefly. Please, study that book and you will find that many of your queries are answered therein.

As for these questions, read the following: -

1. Zul-Qarnain was a man of Allah; Alexander was a pagan. The two cannot be the same.

2. Appearance of Dajjal is closely connected with re-appearance of Imam Mahdi and Hazrat Isa (Peace be on both); and their appearance is the precursor of the Day of Judgment. Allah Taala says no one can know when the Day of Judgment is to come. Therefore, naturally, no one can know when Im

3. am Mahdi and Hazrat-lsa will re-appear.

Therefore, we have no choice but to reject all the forecasts (whether they are in the Bible or in Muslims' writings) which say that Dajjal will appear in this or that time.

Q. 29: MUJTAHIDS SOON AFTER GHAIBAT

Who was the 1st Mujtahid after our 12th Imam (a.s.) disappeared and how many Mujtahids succeeded him. How many followers of the living Imam (a.s.) are there in the world today? Could you give me the possible figures for each country?

A. Between 260 A.H. and 329 A.H., there were 4 Deputies of the Imam (a.s.) especially appointed by him (one after another) to act as a link between the Imam (a.s.) and his followers.

At the end of that period. Imam (a.s.) informed his last Deputy that after the death of that Deputy no one will be appointed in his place, and the Shias were to follow the guidance of those scholars who knew the Ahadith of Ahlul-Bait (a.s.) (and who had certain virtues and qualifications). It is not possible to give here all the names.

The number of the Shias in all countries is not known. As a rough estimate, there are 70 million Shias in the world, most of them in Iran, Iraq, Pakistan, India and Middle East.

Q. 30: CHANGING THE TAQLEED

If one had made his mind to follow one Mujtahid; eventually he changes his mind to follow another. Is it necessary to ask permission from the previous Mujtahid?

A. It is not allowed to change from one Mujtahid to another unless the second Mujtahid is 'more learned' than the one whose Taqleed you are doing at present. And in such cases there is no need ask permission from anyone.

Q. 31: Why Difference Between Mujtahids?

Why Mujtahideen differ in the same subject? For instance, some Mujtahideen say that Namaze Jum'a is Wajib while others say that it is "Wajibe-Takhiri" or Sunnah?

A. There are many reasons, most important of them being the difference in the interpretation of some crucial words or phrases in Ayat or Hadith.

Q. 32: MUJTAHID AND TAQLID

We would appreciate any information you could give us on Taqleed.

A. In every sphere of life we have to heed the advice of the experts in that field. Likewise, in the matter of Islamic Laws, we must obey the rulings of the experts of that Law. Those experts are called Mujtahids; and the act of obeying their rulings is called Taqlid. Here are some of the conditions which govern our choice of the Mujtahid:

(a) He must be Baligh (i.e. adult),

(b) 'Aqil (i.e. sane),

(c) man,

(d) alive at the time of beginning the Taqlid.

(e) Ithna-ashari,

(f) 'Adil,

(g) Mujtahid,

(h) A'lam,

(i) Legitimate child,

(j) Having good memory,

(k) Not involved in worldly affairs so as to hinder his scholarly persuits. 'Adil means a person who does not commit big sins even unintentionally; and if he commits small sins (not intentionally) he repents at once.

Only an 'Adil can lead in prayers, be accepted as reliable witness and appointed as Qadi. A'lam means one who is the most learned of all.

Q. 33: CALIBRE OF IJTIHAD

Nowadays "Ijtihad" has become a child's play. Without mentioning the name of our Mujtahids, "AWAKE" published by Young Muslim Association of South Africa condomned those who claim Ijtihad but do not have deep knowledge.

A. I did not see the said article; South African publications are banned in Tanzania. But you should not be too much worried about it. There is no room of "Inferiority complex" on our part. Even admitting that the word "Mujtahid' has been misused especially in India and Pakistan, the calibre and character of our scholars is far better than any other sect.

Q. 34: HOW TO REFORM ISLAMIC WORLD?

How can we reform the Islamic world today in the light of the Prophecy of the Holy Prophet that in the period nearing Qiyamat people will go astray?

A. By telling them of those prophecies and warning them to abstain from evil deeds. Forewarned is fore-armed.

Q. 35.FRIENDSHIP WITH ENEMIES OF ISLAMS

"O ye who believe, choose not for friends such of those who received the scripture before you, and of the disbelievers, as make a jest and sport of your religion........" (v.60). Is it a sin (according to this verse) to establish friendship with Jews, Christians or Atheists?

A. Yes. A faithful Muslim should not be in intimate association with those "who take your religion for a mockery or sport", because such an association will sap the earnestness of his own faith and turn him into a cynical and insincere Muslim.

Q. 36: IS MIDDLE EAST WAR A JIHAD?

When recently in England, I heard a friend saying that the recent Middle East War was classed as 'Jihad'. I was very surprised to hear it because I am under the impression that a war is classed as Jihad only when fought for the defence of Islam.

A. A war is called 'Jihad' if it is fought with permission of Prophet or Imam (peace be on them all). Also a war fought for the defence of the Muslims (not "defence of Islam") is called Jihad.

Now the war of the Muslims against Israel is 'Jihad' (in the meaning of Defensive War) because it is the Jews who have come from all around the world to Palestine and have turned the Palestinian Muslims out,

usurping their country, land, farms and homes Now a generation has passed that the Palestinian Muslims are living in tents of the refugee camps, without any root anywhere. They are fighting to regain their homes and motherland, and as such it is a 'Jihad'.

Q. 37: CAN LADIES AND GENTS SIT TOGETHER IN RELIGIOUS AND SOCIAL GATHERINGS?

The Ithna-asheris in our town (in Canada) have established a Union to perform religious ceremonies. At the moment the Union does not have any particular place to hold Majlises; they hire halls for this purpose once a month. In these majlises and other social functions, our ladies and gents sit in the same room or hall where there is no purdah at all.

The argument put by them is: "When our ladles go out for work or for shopping, they are not in Purdah; then why purdah in majlis?

Also, they say that discrimination is prohibited in the country.

I, by this letter, seek guidance from you, according to the rules of the Sheriat.

A. I was shocked to read that the Union "is holding majlises and other functions where the ladies and gents sit in the same room or hall where there is no purdah at all".

It is amusing to note that they are doing it in the name of avoiding 'discrimination'. Your country is a Christian one. Neither the Catholics nor the Protestants admit women into priesthood.

Catholic nuns are obliged to cover their whole body even in their dormitories; and a woman going before the Pope must cover her whole body, even if she, in her public life, is a 'striptease artist'.

So, the 'anti-discrimination' laws have not compelled the Christians to relax their rules that are obviously 'based on sex-discrimination.

Now coming to the Shia Ithna-asheri Sheriat: -

It is the unanimous ruling of all the Mujtahids, right from the beginning upto now, that:- 1. A woman must cover her entire body and hair in such a way that it is not seen by any man who is not within prohibited degree. (Within prohibited degree: with whom marriage is prohibited, like father, brother, son etc. )

2. It is 'Harem' (unlawful) for a man to look at the body (or part thereof! of a woman who is not within prohibited degree, whether it be with lusty intention or without such intention.) Also, it is 'Haram' for a woman to look at the body of a man who is not within prohibited degree;

3. The above rules are for her whole body except the 'face' and hands (from the wrists to the finger-tips); Note: Neck, ears and hair are not included in face' and must remain covered.

4. So far as the face and hands (as explained above) are concerned, it is the unanimous ruling of all the Mujtahids that it is Haram (unlawful) to look at the face and hands of a woman, if that look is with lusty intention;

5. The only difference of opinion is about looking at the face and hands of a woman (who is not within prohibited degree) without any lusty intention. Some Mujtahids say that it is allowed; others say that it is not allowed.

The present great Mujtahids (Agha-e-Khoui, Agha-e-Milani, Agha-e-Shahrudi and Agha-e- Shariatmadari) say that it is not Haram to look at the face and hands of a woman who is not within prohibited degree, without any lusty intention. But even then, they say that it is 'Ihtiyat-e-Wajib' to refrain from such looking.

Looking at non-Muslim women, who usually do not cover their bodies, is allowed if it is without any lusty intention.

Now if someone is prepared to reach the furthest limit, he can do so only if the womenfolk are prepared to cover their whole body from head to foot in a proper way (not in revealing clothes). To put it in a more clear way, a woman must cover herself as is done in Ihram, covering her neck, hair and ears also, leaving only that part of the face open which is washed in Wudhu.

This is the tenet of the Shia Ithna-asheri Sheriat And the Article 2, Section 1 of the Constitution of your Institution binds it to follow "Islam according to teachings of the Shia Jaffery Teachings".

I think it is high time for the Jamaats to make it compulsory for the women to attend the majlises and other functions in proper Islamic dress, even if they sit behind a partition. The Jews compel their congregation to wear skul caps and prayer-shawls when praying in a synagogue, and it is not considered as an undue hardship. Why our own Jamaats and institutions cannot enforce such rules?

I know that these women do not observe purdah in their daily lives. Someone may say that to make such women observe purdah within the Imambara or majlises amounts to hypocrisy! But it is not so. By making them observe the rules of sheriat every time they come to the majlis or into imambara, we do remind them what they should be (and are not); we make them remember how a good shia Ithna-atheri woman should dress.

This 'reminding' Is the most important factor in keeping the torch of faith alive. By 'reminding' they will never forget their noble Islamic heritage. Remove this restriction, and your children will not know the difference between Muslim and non-muslim way of life.

Q. 38: DRESS OF THE LADY-TEACHERS

The Dar-es Salaam Ithna-asheri Union runs a Nursery School, which employees Ithna- Asheri lady teachers. The Secretary of the Nursery School, who is a male member, is in~charge of the overall supervision of the smooth running of the school.

He directly deals with the Headmistress on certain matters requiring his attention, i e. collecting fees from her for depositing in the bank, attend to the requirement of repairs of the school whenever required and such other matters, is the job done by him within the Sheriat?

The children are usually dropped in and collected after by their fathers or messengers in which case the lady teachers are involved in handing over the children to them. Also while paying fees the Headmistress is involved in dealing with male members who come to pay fees. In view of the above, are we allowed by Sheriat to employ Ithna-Asheri lady teachers in the Nursery School?

A. Please read carefully the reply to the Question "Can Ladies and Gents sit together in Majlises and Social Functions?" (given above), and you will know the answer to your question.

I take this opportunity to emphasize the importance for Shia Institutions of sincerely and faithfully following the rules of Sheriat in all their affairs. I strongly advise the Union to adopt the Islamic dress as the compulsory uniform for the teachers,

Q. 39:'PURDAH' CREATES RICKETS?

Circumcision, indeed, prevents carcinoma but purdah (veil) predisposes to "Rickets'. Why is it so much controversial?

A. How many Muslim women have fallen sick just because of "Purdah"? Do you have any data to compare their rate of sickness and mortality with those women who do not observe Purdah?

Q. 40:Age Limit For Purdah?

Is there any limit to the age of 'Namahram'? We had a lady of 70 years who died and her face was kept open and every man was asked to come and see her face. Someone objected, but he was told that after 70 years it is allowed.

A. If a man is of such an advanced age that he has completely lost all sexual desires, then a woman may go before him with open face. But nobody can fix any age-limit for this change. It depends upon health, race and many other such factors.

And in any case, it was improper for the 'Na-Mahrams' to go to see the face of that dead woman. Only 'Mahram' males should have been allowed there, no matter what her age.

Q. 41:VAGINAL EXAMINATION BY A DOCTOR

Should a Muslim woman allow her vaginal examination by a male doctor?

A. According to Islam, a man is not allowed to look at the body or hair of a "Ghair Mahram" woman, whether it is with lusty intention or not. Likewise, a woman is not allowed to look at the body of a "Ghair Mahram*' man.

This is the basic rule. Now coming to your Question. If it is necessary for a male doctor, for the purpose of treatment of a "Ghair-Mahram" woman, to look at her or to touch her, then it is allowed. But if the treatment can be done by just looking at her, he should not touch her; and if it can be done by just touching her without looking, he should not look at her.

If there is no lady doctor and diagnosis is not possible without vaginal examination, the male doctor should at first try to use a mirror and look into the mirror. If this is not possible, then looking at the private parts is allowed.

Q. 42: SEPARATION OF BOYS AND GIRLS A PROBLEM

Is the meeting of a boy and a girl (both adult) with the sole purpose of marriage allowed in Islam in this 20 century? A closed-eye procedure leads to many problems later.

A. They are allowed to see each other once only. (This permission does not include touching or going out together). And so far as "many problems later" are concerned, the ratio of divorces to the Marriages in western countries is well-known. (It reaches the ratio of 1:3, and in some places even 1:2). So, the "open-eye" procedure creates more troubles than our "backward out-of-date barbaric" system can ever do.

Anyhow, if they want to get to know more of each other, the only legal way, which I can think of, is to enter into "Mut'a" openly.

Q. 43: MIXING OF GIRLS WITH BOYS

Nowadays boys and girls like to live together right from their youth but results are not good; they fail to reach permanent bond of love and marriage. Frequently, the girls move from one boy to another and at last are left out.

For safety against marrying a left-out girl, can a Shia boy have a girl from his youth? If not, then is it a sin marrying a prostitute?

A. No Shia (and no Muslim) is allowed to have any contact with any woman who is not his 'Mahram' (e.g. mother, daughter, sister, aunt, niece, mother-in-law, daughter-in-law) unless he is married to her.

If there is any social problem, it is because the people have left the path of sheriat. If they encounter any difficulty by going against sheriat, it is their fault. Rules of sheriat cannot be changed to suit the whims of a man (or of a community) which has no regard for Law of Islam, and wants Islam to give him concession because he (or they) has/have already commited a sin. Sin deserves punishment, not 'concession'.

Q. 44: HIGHER EDUCATION FOR GIRLS

Is education, especially further education, for females forbidden in Islam? Give reasons.

A. I am sending you the latest issue of the 'LIGHT' wherein you will find the answer to a question about 'Purdah' (see Question 37)'.

If any girl can observe the rules of the Sheriat, as explained in that answer, she may get education as you have asked. But if she, by getting further education, is not able to remain within the limit laid down by Sheriat, then she has to forego anything which makes her go against the Sheriat, be it education or service.

In the eyes of Islam, a Muslim who follows the rules of Sheriat faithfully (even if he/she is ignorant in the eyes of his friends) is thousand times better than a Muslim who goes against Sheriat (even if he is considered highly educated by the Society).

Q. 45: RIGHT OF WOMAN CONCERNING MARRIAGE

May I beg to seek your valued FATWA in respect of nikah Marriage Ceremony, to be performed in accordance with the tenets of Islam.

I am a young Muslim girl of about 23 years of age of the Bohra Shia Sect and our Amil Saheb, who possesses the High Authority of His Holiness the Syedna Saheb in Kenya refuses to grant permission to the Bohra resident Priest in Mombasa to perform my "Nikah' Marriage Ceremony by putting allegation on my four brothers that they are Not obedient to him or to the Syedna Saheb, whereas my whole family is MUKHLISIN, loyal to the, Syedna Saheb and to the Dawoodi Bohra Faith.

I may further mention for your very kind information that if I go to Kadhi Court for the marriage Ceremony to be performed by the Chief Kadhi, then the local Representative and the Resident Bohra, Priest give Fatwa that my nikah' will be considered illegal and that my children will also be considered illegal, because the marriage ceremony will be performed by some one else and n by the Bohra Priest appointed by the Syedna Saheb.

Your Eminence, I only beg to know from you that if my marriage ceremony would be performed by a Muslim Kadhi will it be considered legitimate or not and that will my children be considered legitimate or not?

A. For your guidance, I enclose herewith an old issue of our Magazine the Light (Vol. Ill, No. 6) and advise you to read the article 'Memorandum', which begins on page 6. You may be interested to read para (b) on page 7 which says:-

"(b) Islam, according to Shia School, has given a woman right to contract herself in marriage if she is adult and discreet." Also, see last paras under the sub-heading "State- controlled Clergy?" which says:-

"The White Paper requires a Muslim intending to marry to give notice of his intention, 21 days before, to a Sheikh authorised by the Minister to solemnize marriages." It has overlooked the fact that Muslim boys and girls can solemnize the marriage themselves without any need to call a Sheikh and ask him to perform the marriage.

"We are sure it is not the intention of the government to create a new version of Islam which would have institutionalized clergy like Christianity. So why this reference to a Sheikh authorized by the Minister? Needless to say that this idea goes extremely against Islam."

Q. 46: MARRIAGE OF A SEYYID GIRL WITH NON-SEYYID

Can a Seyyid girl marry a non-Seyyid Shia Ithna-asheri, who is well-educated and has a high post in government?

A. Yes. And it does not matter whether he is well-educated and well-to-do or not. There is no colour, caste or race-bar in Islam.

Q. 47: SLAUGHTERING CHICKENS DURING WEDDING

As you know, our weddings are very traditional and some of our customs are un-Islamic. But it is sometimes difficult to distinguish if some of the things we do during the wedding ceremony are Islamic or not. For example, the bride and the groom have to step on the blood of a freshly-slaughtered chicken or goat. Is this allowed in Islam?

A. This rite is un-lslamic, and should be discarded.

Q. 48: SHOULD ONE WAIT FOR A GOOD WIFE?

I am a young man and I want to marry for physical comfort and peace of mind. But the difficulty is that at present I can't find a good wife, having Islamic manners and back- ground. Now, what should I do? Should I wait for a good girl? Or, should I choose from the girls presently available?

A. If someone cannot remain without a wife and is afraid that by remaining unmarried he may fall into sin, then it is wajib to enter into marriage; he must try, in any case, to teach the Islamic ways and manners to the wife.

If, on the other hand, he may control his emotion and is confident that he can save himself from falling into sin, then it is better to remain unmarried and search for a good wife.

Q. 49: DIFFERENCE BETWEEN NIKAH AND MUTAA

What is the difference between Nikah and Mutaa? Why is the institution of Mutaa not being widely used in Africa?

A. The differences between permanent and temporary marriages are as follows:-

1. A woman married by Mut'aa cannot be divorced. The parties become absolutely separated upon the expiry of the period agreed upon.

2. But the husband may dissolve the marriage of Mut'aa by making to the woman a gift of the remaining term, i.e. to waive his right to her.

3. The wife, married by Mut'aa cannot be subject to 'ILA' or 'LAAN'

4. A Mut'aa marriage creates no right of inheritance in either party. But, if there is an express condition stipulated in the formula (Segha) of 'IJAB' and 'QUBUL' the parties would inherit from each other if the death occurs during the period of Mut'aa or its Iddat.

5. In Mut'aa marriage, the woman's Iddat period extends for two full terms of her monthly course, if she is not pregnant. But if she is pregnant, the Iddat lasts until the delivery of the child. The Iddat of widow is four months and ten days, like a widow of a permanent marriage, if she is not pregnant.

But if she is pregnant, the Iddat of death lasts until the delivery of the child, or four months and 10 days, whichever is longer.

If she is in the age of having her monthly course, but does not have it owing to any reason other than pregnancy, her Iddat will be forty-five days.

There are some other differences but this much is sufficient for all practical purposes. People nowadays see no harm in committing adultery; but are shy of taking advantage of the permissions given by Sheriat.

Q. 50: Is Mutaa Forbidden?

What should a young person do if he finds it difficult to control his sexual desire while he refrains from sexual immorality and masturbation? He can't afford to marry, but though he can afford to marry temporary (Mutaa) for at least 3 days, he cannot perform this Mutaa as it is not recognised by the Marriage Law of Tanzania.

A. Non-recognition of 'Mut'aa' does not mean that it is a crime. It just means that if there is any dispute the courts will not recognize the parties as husband and wife.

Q. 51: MUT'AA, ADULTERY AND MAINTENANCE OF WIFE

(a) Mutaa amounts to nothing but adultery?

(b) If a woman married in Mut'a is in a better finaneied position than her husband and refuses to accept maintenance from him, is it allowed in Islam?

(c) In the above case, if the woman is married in permanent marriage, can she forego her maintenance?

A.

(a) Is not the "marriage" (in all its forms) just a legalized adultery? All conditions which are necessary for a Permanent Marriage are necessary in 'Mut'aa" (Temporary) Marriage. Even the word "Permanent marriage" is misleading, because in Islam no marriage is a" permanent".

The husband can terminate the marriage by the simple device of Talaq. So where is the "permanency"?

A Sheriat which recognizes Talaq, cannot ridicule Mut'aa, because "Marriage + Divorces = Mut'aa.

(b) There is no maintenance in Mut'a marriage; so this question does not arise.

(c) The wife of permanent marriage is entitled to maintenance. It is her right. But every right may be waived by the right-holder, and the wife may, accordingly forego this right if she so desires.

Q. 52: HOW TO RELEASE SEXUAL TENSION?

I am a healthy 27 years old man with normal sexual desires. Due to some extremely serious unavoidable circumstances, it is virtually impossible for me to marry at present. In East African environment at present it is impossible to do "Mut'aa' with a woman.

Now in order to relieve my sexual tension, without involvement with a prostitute or committing adultery (Zina); is there anything wrong if I do masturbation? I know Islam forbids masturbation but then in the circumstances mentioned above, is it not the best solution? If not, why?

A. You better try to find some woman (even Sunni or Christian will do) for Mut'a.

Q. 53: WHY MASTURBATION IS NOT ALLOWED?

Why shouldn't sex education be introduced in schools? I was faced once with a tough question. A person asked me if masturbation was not a good way to release tension which otherwise would result in a sexual intercourse with the opposite sex. He showed me an article which appeared in an American newspaper.

The article says at least twice a week one should masturbate if he wants to lead a comfortable life without heart attack. The article was by a Professor in one of the American Universities.

A. Masturbation is Haram in Islam. It is not possible to write on this subject in a short letter. In a medical encyclopaedia, it is written that masturbation becomes harmful "only when it exceeds the limit, and then medical treatment becomes necessary".

Two of the harmful effects of exceeding the limit (which have not been mentioned in that book) are as follows:-

First, the base of penis becomes thinner compared to the rest of the organ; the penis becomes curved to the right or left, (if left hand is used, then to the left, and vice-versa). Secondly, the will-power gradually weakens, and even if the person concerned wants to leave that habit, he cannot. It is habit-forming; and in view of this, the pious admonitions of the psychologists "not to exceed the limit" looses all its weight.

Many people say that masturbation is "a natural" thing. Why? Because, some young bulls or other animals have been observed to indulge in it.

If we accept this "logic" as valid, we will have to sanction many other things also. For example, marriage between brother and sister, between mother and son. And why marriage at all? Sexual intercourse without any "religious sanction" has been practised in the animal world since time immemorial. Therefore, it is "natural" And therefore, it should be allowed and advocated! What kind of logic is this?

Others go so far as to declare that there is no difference between masturbation and normal sexual intercourse.

They apparently forget that in the normal sexual intercourse all the senses contribute to the stimulation and orgasm: Man and Woman see their partner, touch each other, say endearing words to each other and hear the stimulating words and sounds; and likewise the senses of smell and taste are utilized.And penetration of male organ inside the female ultimately leads to the final excitement and orgasm.

But in masturbation the only source of stimulation is imagination, in which no other sense takes any part. The whole burden is loaded upon mind; and, as a result, while the normal sexual intercourse results in happiness and joy, masturbation creates depression. (I am not talking about physical fatigue which is a normal thing. The talk is about emotional and psychological effects).

I hope this short discourse will satisfy your friend that masturbation is not "a normal and harmless thing".

So far as "sex education" is concerned, Islam expects the elders to teach the youngsters everything concerning Janabat, monthly course, child birth etc., and about the Nikah and all that it involves. In the Indian society, this subject is "taboo"; while in Arabia and other Isiamic places, women openly ask about the so-called "secret" Masael.

Q. 54: HOW TO GET RID OF THE HABIT OF MASTURBATION

From the age of 13 to the age of 14 I have masturbated almost daily. Now I am trying to control, but I fail every time. About e months ago, I had succeeded in stopping to masturbate for two weeks. But nowadays I seem to fail and have started again.

The result of this is that I have become very thin and weak. And the worst result is that my beliefs in religion are fading away.

I would be very pleased, if you would find me an alternative to leave masturbation. I think I can leave masturbation if I visited a prostitute once in two weeks, though I have not yet visited a prostitute. But I don't know whether visiting a prostitute once in two weeks is better and has less sin than masturbating almost daily.

A. The best way to get rid of your habit (which you have mentioned) is to strengthen your will-power. Unless you firmly decide not to indulge in this anymore, you will not be able to leave this habit.

Another thing which will help you is not to remain alone at any time. If you are in company of others you will not get a chance to do it.

The third thing is to concentrate more and more on religious things.

And the fourth is to adopt some hobby, like football, etc. which will provide you an outlet for energies of your body. But, for God's sake, never think of going to prostitutes. It will ruin you, not only in life-hereafter, but in this world also.

Apart from financial ruin, you may get veneral diseases as syphilis and gonorrhoea which will affect the health of your children for generations to come; and "zina" (having sexual relations with a woman other than wife) is more sinful than masturbation.

Q. 55: DIVORCE DURING MONTHLY PERIOD

Is giving divorce to a woman during the period of Haidh and Nifas allowed if the woman has committed a great fault towards her husband?

A. She cannot be divorced during the period of Haidh (monthly period) or Nifas (Bleeding after delivery of child).

Q. 56: IS SINGING HARAM?

Is it Haram to listen to songs? Why? I have come to understand that this is because of music accompanying it. Is it, therefore, haram to listen to songs without the accompaniment of music? Is singing (without the aid of music) haram?

A. Music is defined in Shia Shariat as prolongation and vibration of sound with variations in pitch to such an extent that people may say that 'he/she is singing'. It is one of the great sins; and is Haram whether it be vocal or instrumental. To recite (or listen) to the words of a song, without any music, is permissible, provided it is not obscene and/or immoral.

Q. 57: HADITH ABOUT MUSIC

I heard many Khojas claiming this verse as hadith. "Al Ghinaao ashaddo minazzina' which mean. Songs, Music and so on are worse than Zinaa. Is this right? If it is, explain, with details.

A. The correct hadith is(Music is the magic of fornication). The so-called 'hadith' mentioned by you is not found in books of Ahadith.