Alhassanain(p) Network for Heritage and Islamic Thought

Q. 19: Is Taqleed Wajib?

Recently a dispute had arisen here regarding the matter of Taqleed. A group rejects Taqleed-after producing a few traditions form Wasa 'il ush Shi'a (vol. xviii) Kitabul Qada which are commonly quoted by most authors and scholars to show the necessity and legibility of Taqleed, from the ahadith point of view.

This group declares that these ahadith do not conform with the fatwas of the Maraji' who say that Taqleed is Wajib and the A'mal without Taqleed are all void. I beg to know a hadith (or ahadith) which clearly states that Taqleed is Wajib.

One thing I cannot understand that many people have produced ahadith which state that Taqleed has to be done but which do not precisely state that Taqleed is Wajib. I would be very obliged if the above-mentioned type of hadith (with reference) is sent to me for my reference.

A: No body says that Taqleed is the only choice. One may act according to Ihtiyat, if one does not like Taqleed. But acting on Ihtiyat is more difficult and cumbersome, and it requires a thorough knowledge of the Quran and hadith, which is not easy for every layman. Therefore, the only feasible alternative for a non-Mujtahid is to do Taqleed of an expert who can derive rules of Shari'ah from the Qur'an, hadith and other principles laid down by our Imams (A.S).

And if those friends of yours insist that they can find all the rules themselves, then let them find out from the Qur'an and the books of ahadith the rules regarding life-insurance, letter of credit, requirements of fasting and prayer for people residing in the Arctic and Antarctic zones, test tube babies, and hundreds of such modern problems which the past generations had not dreamt of.

I assure you that the ahadith of the Prophet and the Imams, found in our books of traditions, contain the principles from which our Mujtahids derive their rulings on such matters. But it requires deep knowledge of dozens of Islamic subjects, God-gifted intelligence and the expertise to reach at the conclusion from these sources.

The Imams had told their companions: "On us is to give you roots, for you is to develop branches from them." This wording is of our 6th Imam (A.S) and incidentally is one of the authorities which have established the institution of Ijtihad.

If a man has not studied medicine and on falling ill starts using medicines without consulting a doctor, every well-wisher will warn him that he might create more health problems for himself. May be if the medicine he takes tallies with his symptoms, he will be cured. Otherwise, his sickness might increase and might even result in death.

This is the dictate of common sense indeed. You go to an architect when you want to build a house, to an advocate for legal advice, to a doctor for treatment.

Likewise, you go to an expert in Fiqh for the rulings of shari'ah. Even if there were no ahadith to this effect, reason says that we must do Taqleed.

You should know that the institution of Ijtihad was established by our Imams (A.S). I have mentioned above one hadith of Imam Ja'far as-Sadiq (A.S). Imam Hasan 'Askari (A.S) has said: "Whoever among the Fuqaha' (Experts of Fiqh; Mujtahideen) protects himself (from sins), opposes his desires and obeys his Mawla (Allah), the general public should do his Taqleed."

Our present Imam (A.S) ordered his Shi'as in the beginning of his Minor Occultation: "As for the problems taking place, refer them to the narrators of our ahadith, because they are my hujjat (proof) on you and I am the Hujjat of Allah." Imam Ja'far Sadiq (A.S) was asked a question concerning two Shi'as who have some dispute with each other, what should they do?

He said: "They should find among you someone who narrates our hadith, has studied our Halal and Haram and knows our commandments, and they should take him as arbitrator, because I have made him Hakim (Judge) over you; and if he gives a judgement and (one party) does not accept it, then he in reality scorns the order of Allah and rejects our (words); and he who rejects our words is kafir and rejecter of Allah's (words); and he is on the boundary of associating something with Allah."

The word, wajib, is not used in more than half of the ahadith describing a wajib act. Usually it is, "You should do this." Study the verse l55 of Surah al-Baqarah and see what expression has been used for Sa'yi in Hajj and 'Umrah. It only says: "So whoever performs Hajj of the House, or 'Umrah, there is no blame on him if he goes round them both." Isn't Sa'yi a wajib rukn of pilgrimage?

Q. 20: Selection of an A 'lam

How is an 'Alim declared to be an A 'lam? Who are the present Maraji -e-Taqleed and who is the most learned of them?

A: There are probably hundreds, if not thousands, of eye specialists in your city, Bombay.

Yet if one asks a knowledgeable friend where one should go for a complicated case, the friend will name only 3 or 4 doctors. Who elected them to become top-most eye- specialists? You will say: They were not elected; but their intelligence, knowledge, experience and continuous study have brought them to the fore-front. The same is the case with mujtahids.

At present, Ayatullah al-'Uzma Muhammad Fazil Lankarani (Qum) and Ayatullah al-'Uzma Sayyid 'Ali Sistani (Najaf) are considered to be A'lam. This word in Shi'a terminology means, one who has got top-most expertise in deriving the rules of shari'ah from its approved sources.

Q. 21: Mothers of 'AwN AND Muhammad:

Who was the mother of 'Awn and Muhammad (sons of 'Abdullah ibn Jafar) who were martyred at Karbala? Their ages?

A: 'Awn's mother was Hazrat Zainab (daughter of Amirul Mu'mineen 'Ali A.S); and Muhammad's mother was Khawsa' (from the tribe of Wa'il). First, Muhammad went to the battle-field, fought and killed ten warriors; finally he was slain by 'Amir ibn Nahshal. Then 'Awn went forth and killed 3 riders and eighteen foot. He was slain by 'Abdullah Ibn Battah at-Ta'i.

It is difficult to say how old they were in Karbala However, the age given for them in the marthiyas (i.e. 9 and 10 years) is definitely incorrect. They could not be so young. See Bihar-ul-anwar, vol. 45 for more details.

Q. 22: Children of Amru'l-Mu'mineen:

How many children Amir 'l-mu 'mineen 'Ali (A.S) had got? Were there more than one Zaynab and Umm Kulthum?

A: There are various reports about the number of his children, varying from 25 to 35. 3 sons were named Muhammad (the eldest of them was Hazrat Muhammad Ibn al-Hanafiyah); 2 sons were named 'Abbas (the eldest of them was the standard-bearer in Karbala). There were two Zaynabs, two Umm Kulthums and two Ruqayyahs.

The eldest Zaynab and Umm Kulthum were the daughters of Bibi Fatimah (A.S); Zaynab (the younger) was the daughter of Umm Sa'id, and the younger Umm Kulthum's mother was a slave-girl.

For more details see Biharul anwar vol. Manaqib of Ibn Shahr Ashob and other relevant books.

Q. 23: False claimants of Prophet hood:

How many false claimants of Prophethood and Imamate (Mahdaviyat) have appeared yet?

A: It is difficult to get at their exact number. However, there have appeared scores of false prophets and Mahdis.

Q. 24: Where is Imam Husayn's head buried?

A: Got your cable on 18th July, and sent the following reply the same day.

Hassanali, SG IMGI Georgetown, Guyana, In Karbala in same grave, Letter follows Saeed Akhtar.

When Yazid released the family of Imam Husain (A.S) from prison, Imam Zaynul Abidin (A.S) took from him the head of Imam Husayn (A.S) and brought it to Karbala where he buried it with the body in the same grave Although there are some reports mentioning Damascus, Medina, and even Egypt as the place where the holy head is buried, but they are not authentic, and our scholars do not accept them.

Q. 25: WHEN DID ISLAM REACH ZANZIBAR?

When was Islam first introduced to Tanzania -particularly to the Islands of Zanzibar and Pemba?

A: According to oral traditions, which have been recorded by the westerners, it may safely be said that Islam reached here by end of the first or beginning of the 2nd century of hijrah.

Q. 26: About Bilal Muslim Mission:

When was Bilal Muslim Mission established and who were its founding fathers?

A: Bilal Muslim Mission was established in December, 1964. Many dedicated Muslims shared the honour of establishing it.

Important among them were Haji Ali Muhammad Jaffer Sheriff, Mulla Asghrali M. M. Jaffer, Haji Mohsin A.M Jaffer, Haji Muhammadali Meghji (from Kenya) and Haji Hassanali M. Ladak, Haji Hussain Nasser Walji, Haji Fidahussein Abdullah Hameer, Haji Ahmed Hussein Sheriff and the present writer (from Tanzania).

Q. 27: Islamic Activities in Tanzania:

What kind of Islamic activities are going on in the mainland of Tanzania?

A: I confine my reply to my Mission's activities only.

(a) (a)We publish two bi-monthly magazines in English and Swahili languages.

(b) We publish religious books in the English and Swahili languages. So far about 80 books and booklets have come out.

(c) We run an Institute of Higher Islamic Studies in Dar es Salaam.

(d) We run scores of Qur'anic schools for smaller boys and girls.

(e) We conduct 3 types of Correspondence Courses in English and Swahili which are benefiting the Muslims throughout the world.

(f) We have established a charitable public dispensary.

(g) We regularly hold free Eye-Camps in villages and small towns.

Q. 28: Islamic Cure for Aids:

A friend says that Islam is the religion till the Day of Judgement and the solution of every thing till then. So what is the Islamic cure for AIDS?

A: Islam, as a religion, contains every thing which is required for spiritual upliftment of humanity. It is not a hand-book for medical profession or mathematics. It gives rules and regulations which govern everyone including the doctors and mathematicians. But it does not teach the doctors how to treat cough and malaria, or the accountants how to multiply or subtract.

However, as these rules and regulations oblige a person to live a clean and moral sexual life, it prevents one from getting infected with AIDS. Here the saying, "Prevention is better than cure" proves true.

And the Prophet (S.A.W) had given prior warning to those who would indulge in unlawful sexual intercourse, when he said, inter alia, in a hadith: "When fornication spreads, it will surely bring such new diseases to the people which their forefathers had not known."

Q. 29: Root cause of Children 's indicipline

The children are disobedient and even insulting to their teachers, elders and parents. Is this due to general human-right awareness, or level of intelligence having generally gone up amongst the younger folks?

Or are parents so naive and / or less informed than the children? For example, when we studied psychology 30 years ago the definition of Psychology was that it was a study of mind. Nowadays the definition of Psychology is the scientific study of the processes of the mind and the behaviour of the body, both positive and empirical.

A: I think the basic problem is not of human-rights awareness or enhancement of intelligence level etc. Certainly these are contributing factors; but I think the basic trouble lies somewhere else. The Muslim society in your City is built on materialism. Showiness, pride, extravaganza, rat-race for worldly gains, all these combined together are tearing the moral fabric to shreds.

Wealth is the alpha and omega of their ideal - whether it comes from lawful means or unlawful ones, makes no difference. And the haram money, entering through food into their blood system, first dims the spiritual light in the heart and finally darkens it completely. It affects the relationship of elders with the younger generation in many ways:-

(a) The children are deprived of moral guidance and training from their early age.

(b) They see their elders indulging in all types of un ethical dealings in their offices and businesses.

(c) In this way, the children are given practical training of keeping the religion and moral values confined to the compounds of mosques, husainiyas and, to a certain extent, homes.

(d) The children thus develop a dual personality; and the elders lose respect in their eyes, and even if at times they are told by these elders to behave in moral ways, the words sound to them hollow and hypocritical.

As the parents and elders have forfeited their moral authority, is it strange that the children are behaving in the way you have mentioned.

You know the U.S.A. better than I do, and also about the moral decay of its black community. But I am reading since last many years in the official reports of many government departments that the blacks who have embraced Islam, have turned their localities into law-abiding, well-disciplined areas, free of drugs and crimes. And this acknowledgement comes from those who have declared Islam as their enemy No. 1.

It clearly proves that Islam - if accepted sincerely - can transform a totally rotten society into a healthy, dynamic force, vibrating with moral rectitude and spiritual sublimity. Even those prisoners who have become Muslims, have been transformed into model ones. Why can't we, the born Shi'as and Muslims, achieve the same result with our Islam?

Q. 30: Love Letters

Our children accept that boys and girls should not freely mingle; yet they assert that if keeping within the bounds of shari 'ah they wrote to each other and communicated their feelings, what is wrong with that??!! In other words love letters do not matter! Can you please look into the same and with your wealth of ahadith etc. can we give them some beneficial advice on this issue?

A. Before deciding whether there is anything wrong in love letters or not, let us ask them how these "feelings" began in the first place. Was it not because they had been looking at each other with lustful eyes? These youths must know that there is hijab of eyes as well as of the dress. Allah Subhanahu wa Ta 'ala says:

"Say unto the believer men that they cast down their gaze and guard their private parts; that is purer for them. Verily Allah is well-Aware of what you do. And say unto the believing women that they cast down their gaze and guard their private parts, and their display not their zinat…."(Qur'an, 24:30-31).

The believer men must cast down their gaze and believer women must cast down their gaze. None is allowed to look at the opposite sex, unless he or she is within the prohibited degree (mahram). As the man is required to struggle for earning the livelihood, he is not told to hide his body (except to a certain extent). Still he is obliged to cast down his gaze; and not to look at a Ghair Mahram woman.

Woman can easily keep herself covered and hidden because her sphere of activity is her home; therefore, she was told to cover her entire body, as well as cast down her gaze and not to look at a Ghair Mahram man.

There are many ahadith which say that:-

"Glance is a poisoned arrow from the arrows of Shaitan".

"Beware of glance because it sows lust in the heart of the glancer, and enough is it for a mischief."

Another hadith says that the Holy Prophet (S.A.W.) said:

"Whoever fills his eyes looking at a women unlawfully, Allah will raise him on the day of resurrection with nails of fire driven in (his eyes), until judgement is given concerning the whole mankind; then he will be ordered to be driven into the Fire."

Numerous Ahadith declare that the glance after the 1st glance is an arrow of Shaitan; and is Haram. Our boys and girls should ponder on these verses and traditions, in order to realize that wearing hijab or scarf is not a licence to look freely at the opposite sex. So, before getting such feelings for each other, they have already crossed the limit of shari'ah. It is this phenomenon about which the mujtahidin have said that it is definitely wajib for a woman to cover her face and palms if there is a possibility of someone looking at her with lustful eyes. This is fatwa, (not Ihtyat) and all the mujtahidin are unanimous in this matter.

Now comes the second step, and that is "talking to each other" Verbally or in writing. A few authentic ahadith from the Ma'sumeen (A.S)

1. When women wanted to enter into the fold of Islam, the Prophet (S.A.W) Used to make it a condition of bay 'ah that "they should not talk with any man except their mahram." (Da'a'imu'l-Islam).

2. 'Ali (A.S) said that the Prophet (S.A.W) had prohibited that a woman should talk to anyone (other than her husband or her mahram) more than Five words it becomes necessary. (Man La Yahduruhu 'l-Faqih; Da'a'imu'l-lslam)

3. Imam Ja'far as-Sadiq (A.S) said: Talking with women is among the traps of the Shaitan. (Da 'a 'imu 'l-Islam).

4. 'Ali (A.S) said: "Verily there are five things which follow (other) five things, and these five must throw (the culprit) into the Fire:.... and whoever indulges in joking with young girls and boys, will fall into fornication; and the fornicator is bound to enter the Fire.(Mustadrak).

Talking or joking aside, Islam seriously discourages men to do salaam to women. There are several ahadith in Al-Kafi, Man la yahduruhu 'l-faqih and other books which say that it is makruh for men to do salaam to women, more so if they are young.

Looking at this matter in the light of our present day social and family environment, this business of love-letters may create real problems, if the parents or guardians of the boy or the girl, when approached by them to agree to, and bless their marriage, refuse to do so. The scenarios that may follow this refusal are easy to imagine, but none of them is pleasant.

Q. 31: Non-alcoholic beer!!

The sale of non-alcoholic beer is in fashion here. And when one of my friends visited one such store, he was told he could get alcoholic one too but from the inside of the store! So the objection may not be for the sale of non-alcoholic but the step two of inducing the customer to taste the alcoholic as well!

A: It is the same hypocrisy about which I have written somewhere else and it has come from Mecca and Medina, so it has the sanction of the Wahhabi Islam!! May we ask those Khalids, Fahds and Ben Baz's, why was it necessary to use the name "beer" for a non- alcoholic drink? Was it not to make the name, beer, familiar to the Muslims? And once they have taken the first step, it should not take them long to go further ahead and take the second and then the third steps.

It is narrated by Ibn Majah (one of the Sihah Sittah) that the Prophet said: "There will be some groups of my Ummah who will drink liquor and call it by some other name."

Q. 32: Selling Liquor in obedience of parents:

Zayd's father has a grocery shop which also sells alcoholic drinks. Zayd feels guilty about this and knows pretty well that it is haram and the income is haram also. He has tried to convince his father but to no avail.

He then decided to pull out of the business, but then the father and mother said that they were not pleased with him, and the mother said that she would not waive her milk-right and that the very God they are disobeying by selling liquor has said that you must obey parents! I tried to reason with Zayd that obedience of parents is only in compliance of God's command and not to disobey Him; but he is either not convinced or cannot decide due to parental emotional pressure.

A: Obedience to parents is wajib to a certain extent, no doubt. But parents do not have this right independently by their own authority. It is bestowed on them by Allah. Quite obviously Allah's order super cedes all others' orders. As I have mentioned in my book, Family Life of Islam:

"The Almighty Allah is above all rulers and superiors: therefore, His commandments can never be superceded by any other rule, regulation or order. But the superiority of parents is derived from the superiority of Allah; their authority is based upon the command of Allah. Therefore, if ever they give any order which is against the Law of Allah, it must be ignored and disobeyed." Allah says in the Qur'an:

"And we enjoined on man (to be good) to his parents:…….And if they strive to make you join with Me things of which you have no knowledge, obey them not; yet bear them company in this life with fairness" (Surah Luqman, vs. 14-15)

The same order is repeated in verse 8 of Surah'Al-'Ankabut.

If one commits a sin or crime following an order of his superiors or elders, it does not absolve him from responsibility of that crime. Even the worldly powers do not accept the plea, "I committed this crime because my parents, or elders or superiors had ordered me to do so." The Nuremburg trials of the Nazis testify to this principle.

As for Islam, there is the laid down principle that, "A creature is not to be obeyed in disobedience of the Creator." (Nahjul -balagha) Numerous traditions to this effect are found in Shi'a and Sunni collections of Ahadith. Biharu 7 Anwar has a whole chapter in which so many traditions of this meaning have been collected.

A similar plea was offered by Shimr for murdering Imam Husain (A.S). He was praying to Allah for forgiveness. Someone said to him: "How can Allah forgive you when you had participated in murdering the son of the Messenger of Allah?" Shimr said: "Woe unto you! What could we do? These our ulul-amr ordered us to do a work and we obeyed them; had we disobeyed them we would have been in a worse position than this" Will Allah accept this excuse of Shimr?

Remember, on the Day of Judgement no relative, be he a father or a son, can take the burden of any sin of his relative on his own shoulders. In fact, the relatives will purposefully avoid each other. Allah says:

"The day on which a man shall fly from his brother and his mother and his spouse and his son; every man of them shall on that day have an affair of his own which will occupy him." (Surah 'Abas, verses 34-37)

Not only that. On seeing the chastisement of the hell, the juniors will curse the elders and the elders will refuse to accept any responsibility of their followers' sins and crime. But this reciprocal cursing will not be of any use to any group. See for example the following verses:

"And they shall say: O our Lord! Surely we obeyed our leaders and our elders, so they led us astray from the path; O our Lord! Give them a double punishment and curse them with a great curse." (Surah al-Ahzab, vs. 67-68)

"When those who were followed (e.g. the parents in your question) shall renounce those who followed (e.g. the son) and they see the chastisement and their ties are cut asunder.

And those who (had) followed shall say: O were therefore us a return (to the world), then we would renounce them as they have renounced us. Thus will Allah show them their deeds to be intense regret to them, and they shall not come fourth from the fire." (Surah al- Baqarah, vs. 166-167).

As for the mother's threat not to waive her milk-right, it is just a balderdash. A woman has a right to demand from her husband wages for breast-feeding his child, and the husband has a right to appoint some other woman for this purpose, if the mother's demand is higher than the prevalent rates.

Therefore, if the mother has any milk-right, it is on her husband, and not on the child. (You will find some such statements in poetries, but it is just poetic licence. It has no legal standing.)

I pray to Allah to guide the parents as well as the son to the right path, and make them Muslims in reality.

Q. 33: Marriage with Sister-in-law?

Zaid's sister-in-law (wife's sister) is divorced and staying with him and his wife. Islamic rule is that he cannot marry his wife's sister unless due to some reasons. His problem is that his wife's sister is in love with him and this was brought to his attention by his wife, who does not object even if laid wishes to marry her.

Zaid is getting more inclined towards her; but at the same time, he does not wish to commit any sin. Can he marry her or do mut 'ah marriage with her?

A: I was shocked to receive the above letter. Marrying two sisters at one time is absolutely haram (unlawful). There is no question of there being or not being a "reason". It is forbidden in the Qur'an and is not lawful in any circumstances in any sect of Islam.

Now one may appreciate why Islam forbids a woman to come with open face before her brother-in-law, and why a man is forbidden to look at his sister-in-law's open face. If people remain within the boundaries of Shari'ah, such fitnah and mischief will never occur.

I most sincerely advise Zaid to at once turn this woman out of his house, who is not averse to breaking the home of her own sister. For God's sake, terminate all contacts with her. May Allah give Zaid tawfeeq to follow Islam and not to be tempted by the Satan. It is Satan who is using his sister-in-law as a trap to ensnare him.

Q. 34: Music At Jama 'at's Musafirkhana

The caretaker in our Musafirkhana gets a nominal salary plus free accommodation including water and electricity. He has a video/TV of his own. However, he sometimes watches Indian film programmes in which there is music and other obscene scenes which are against our Shari 'ah. It has also come to our notice that guests go to his room to view such programmes.

Although this is a personal and private affair as claimed by him, but such un-Islamic activities are held wiihin the precincts of our Musafirkhana which is run according to Shari 'ah. Also electricity bill is paid from the revenue of our Musafirkhana. Please give your guidance on this issue.

A: Let us suppose somebody openly uses the Musafirkhana premises for drinking liquor and giving it to other Mu'mineen. What will be your reaction if, on being told not to do so, he replies that it was his "personal and private affair"?

In fact it is not a personal and private affair because the sin is committed openly. If someone openly neglects prayer, then it is not his personal and private affair, and it becomes wajib on everyone whose words would be effective to advise, exhort (and, if possible, compel) him to pray. To order good and forbid evil is wajib on every person.

It is regardless of the fact that the said sin is committed in Jama'at's premises. The Jama'at has a right and a duty to make sure that its properties are not used for anti-Islamic activities.

Add to this the fact that electricity is provided by the Jama'at. So in a way the Jama'at is helping in it.

And finally, when he turns his room into a cinema-hall, then it becomes "Fasad fil ard" (spreading fasad, evil, mischief, in the world), which is another major sin and also a capital crime in Sheri'ah. May Allah give him light to see the reality.

Q. 35: 'Aq of parents:

Can a child who has been disowned ('AQ) by his father during the latter's lifetime inherit from his deceased father's estate?

A: Certainly. There are only 3 situations in which an heir is debarred from inheritance:

1. If the said heir has killed the deceased;

2. If he is Kafir or

3. a slave.

Also a child of Li'an is excluded from the estate of his mother's ex-husband. There appears to be a widespread misconception in Indian society about this business of making 'Aq. 'Uquq means "to be disobedient, disrespectful, undutiful." If a child is disobedient, he will be written by the angels as a disobedient child, even if a parent does not say so even once; and if he is not disobedient, then in the eyes of God he is "not 'Aq" even if his parents declare so with drum beats.

In any case, this is a matter concerned with a child's felicity or otherwise in Akherah; it has no effect on his right of inheritance. Of course, if one makes a will debarring any heir from inheritance, and that heir gives his/her assent to it, it will be enforced because of the heir's voluntary assent and acceptance.

Q. 36: A CHILD OF MUT"AH MARRIAGE:

Is a child born from Mut'ah marriage entitled to inheritance from his father or mother upon his/ her death?

A: Certainly. A legitimate offspring inherits both parents, whether he is born in the so-called "permanent marriage", or in mut'ah marriage, or from a slave girl.

Q. 37: EXECUTOR OF WILL:

If a single trustee is appointed to execute the will by the deceased and he refuses to act, who is entitled to appoint a replacement?

A: The question is confusing. Probably you mean an executor of the will, and not a trustee of a waqf. In our shari'ah, wasiyyat is of two kinds: (1) Tamlikiyah, which involves property or money matters, and (2) 'Ahdiyah, which conlerns other matters, like where he should be buried and things like that.

The former requires acceptance by the executor, but not the latter. Of course, there is a lot of detail involved which cannot be given here. However, if the appointed executor refuses the appointment, the mujtahid has the authority to appoint someone in his place. If the executor does not reject, but is lethargic in discharging his duties, or feels difficulty in acting alone, the mujtahid may appoint someone to assist him or to supervise his work

Q. 38: VALIDITY OF A CERTAIN WILL:

A deceased has mentioned in his will that a certain person should not be allowed to attend his funeral. Is the will in order? What if the said will is made against the eldest son? Who should then be asked about arrangements of funeral etc.?

A: A person certainly has a right to do such a wasiyyat. So far as its implementation is concerned, it is easy in places where funeral arrangements are made and controlled by the family. But in societies like the Khoja Community, where every thing is done by the Jama'at, and the funeral time is announced publicly, one has to choose the lesser evil.

I mean, the heirs have to decide whether informing the person concerned would cause (or increase) fitnah and friction or not. Avoiding friction is always more preferable. As for the permission of the eldest son (in the situation mentioned in the question), the mu'mineen may ask him together with the other heirs. It will be more in conformity with Ihtiyat.

Q. 39: ABOUT SUSPICION AND ACCUSATION:

What does Holy Qur 'an and Hadith say on: (a) Accusation, (b) suspicion and (c) Tuhmat, i.e to accuse /suspect someone of doing wrong without any proof at all.

A: Suspicion: "To suspect someone of doing wrong without any proof." It is "haram ". Allah Ta'ala says:

"O you who believe! avoid most of suspicion, for surely suspicion in some cases is a sin; and do not spy nor let some of you backbite others. Does one of you like to eat the flesh of his dead brother? But you abhor it; and fear Allah, surely Allah is Oft-returning (to mercy), Merciful". (Qur'an, 49:12)

The Ma'sumeen (A.S) have said that if you find your mu'min brother doing or saying something which can be interpreted in seventy ways, sixty nine of which are bad and only one is good, you should give it that one good meaning, and ignore the other bad interpretations.

Accusation: If it is untrue then it is called Tuhmat, which is even worse than ghibat (backbiting) which has been so severely condemned in the above-mentioned ayat In one particular case (i.e. slandering a married mu'minah lady of adultery without producing four witnesses) it is also a crime for which the slanderer is punished with eighty lashes If the accusation is true, then it is called ghibat, the gravity of which has been mentioned above. But in some cases it is allowed, as for example,

when giving evidence before a Qadi of Shari'ah, informing a guardian of misdeeds of his ward (when the intention is the reform of that ward) or giving advice to someone, if asked for some important matters: Let us say, when someone sends matrimonial message for a girl and the girl's guardian asks you about that person's suitability. Details may be seen in Minhaju's-Saliheen (Vol. 1) of Ayatullah al-Khoui.

Q. 40: Jama 'at 's meeting in Husainiya

Are Jama'at's meetings allowed to be held in Imambara?

A: Yes.

Q. 41: Using Obscene language:

Is bad /filthy words and language allowed to be used in Husainiyah?

A: Such language is not allowed anywhere. In fact, if one uses such language in sacred places like masjid or Imambara, its sin will increase.

Q. 42: Helping Sunnis ' Projects:

We being Shi'as, is it allowed for us to give assistance to our Sunni brothers' Mosque. Assistance like roofing of the portion used for prayers, providing them water supply, any repairs, providing mats etc. ?

A: Yes, you may assist the mosques of the Sunnis, as explained by you. But it should not come from Khumus, Zakah or Wajib Sadaqah.

Q. 43: USING SADQA MONEY FOR GENERL WELFARE:

Presently there is an outbreak of Meningitis in many parts of Tanzania. Can Sadaqah money be used to buy vaccines in order to be injected to the public or to school students? We are not Sure, that all those who are going to be injected are poor or not. Majority to be injected will be Africans.

A: The reply is the same as above. Helping fellow human beings is highly recommended.

Q. 44: CATEGORIES OF HEIRS AND THEIR SHARE:

Parents, brothers, sisters, wife and children survive a dead Muslim. What are their shares in inheritance? In what manner it changes in the absence of one or the other group of relatives?

A: In Shi'a shari'ah, blood relatives are divided in 3 categories; First: Parents and children. When there are no children at all, then their children take their place.

Second: Grandparents (both paternal and maternal) and brothers and sisters. When there are no brothers and sisters at all, their children will take their place.

Third: Paternal and maternal uncles and aunts. If there is none, then their children. Husband and wife will inherit each other with all the above mentioned three categories.

As long as there is even one person of first category, the second and third categories will get nothing. In the absence of the first, the heirs of the second category will inherit. And if there is no one in the second category too, then the heirs of the third category will inherit.

Now in your question, brothers and sisters will get nothing in the presence of parents and children.

If there is only one heir in the first category (only father, or mother or a son or a daughter) he/she gets the whole estate. If there are only the parents, the mother gets one third and the father two-thirds. If there are the children only, a son gets twice the share of a daughter.

If there are both parents, wife and children, then the shares will be as follows:- Father, 1/6; mother 1/6; wife 1/8; and the remaining 13/24 will be divided among the children, a son getting double of what a daughter gets.

If there are only brothers, sisters and wife, the wife gets 1/4; and the residue is divided among the brothers and sisters.

If there are only brothers and sisters, the estate is divided as in case of children (a brothers getting double of a sister). Of course, there are many details involved. Why not look into an English book of Masa 'ill

Q. 45: DOES A GRANDCHILD INHERIT IN PRESENCE OF A SON OR A DAUGHTER?

A son dies in the life-time of his father. The father has other sons and daughters. After the death of the father, would the children of the deceased son inherit along with their uncles and aunts?

A: No. Nearer heirs exclude the remoter ones from inheritance. Sons and daughters, being nearer to their father, exclude his grandchildren from inheritance because they are one degree removed. However, it is very much emphasized that the grandfather should give them a part of his estate through wasiyyat or gift; it would be in keeping with the obligation of Sila-e-Rihm, and in accordance with the Islamic mercy.

Q. 46: Distribution of deceased's estate:

Mr. A. was drowned.

Beneficiaries of his estate are as under:

1. Father (died after one month).

2. Mother

3. Wife

4. Son - (underage, minor)

5. Daughter

6. daughter - (Underage, minor)

7. Daughter - (Underage, minor)

Distribution of Cash/Bank balances was made as under:

Principal amount, after paying the Khums due, wasdistributed as under:- Estate of the Father 1/6th

Mother 1/6th Wife 1/8th After that, the balance was divided among the children, 2/5 going to the son, and the 3 daughters getting 1/5 each

During his life-time, the said Mr. A had bought a plot and started constructing a house for his own residence. The work was in progress when he died. The work was was completed after the deceaseds father died.

After the construction was completed, the deceased's family decided as under:- (a)To stay at the ground-floor of the house.

(b)To give on rent the 1st floor to one of the brothers of the deceased. Now The following questions are to be resolved: Can the family of the deceased stay in the said house without paying any rent?

A: One-sixth of the portion of house built up in the deceased's life had vested to the late father of Mr. A and now proportionately belongs to the heirs of the said father. Therefore, those heirs' consent must be obtained for this purpose. Also the wife should get consent of the remaining heirs to stay in that house.

Q. 47: Concerning the above:

How can the distribution of the said property be made in the light of the fact that the property cannot now be sold?

A: If it cannot be sold, then all the heirs of the late Mr. A as well as the heirs of Mr. A's late father will jointly be its share-holders, according to their appointed shares.

Q. 48: Protection of the minors ' shares:

Concerning the above estate, since one son & two daughters are still minors, how can their respective shares be protected.The deceased's father, during his lifetime, had decided to appoint one of the brothers of the deceased to be his appointed trustee to act as the guardian of the children of the deceased but could not put it down in writing as he was in hospital at that time.Can the intended "appointed" trustee be the guardian of the children? If not, who can be the guardian?

The wife of the deceased has no objection to the appointment of the said trustee.

A: If the grandfather had already appointed someone to act as guardian of his minor grandchildren, then the said guardian will look after their interest until they attain majority and rushd (maturity of mind). Verbal appointment is enough; writing is not essential. However it should be kept in mind that "intention to appoint someone" is not the same as "appointing someone".

What I have written above applies to the situation where the late grandfather had "appointed" one of his sons as the guardian, executor of the will, for his minor grandchildren.

However, if he had only shown his intention without saying "I appoint my son,.............,as guardian for my minor grand-children," then the Mujtahid or his Wakil has authority to appoint a guardian. In the case mentioned in the question, if the mother of the minor children agrees to the intended appointment, then I do not see any difficulty in his appointment, and it may easily be given consent to by the Mujtahid or his Wakil, if they are approached

Q. 49: Expenses concerning the minors ' shares:

In the above situation, what sort of expenses can be disbursed against the minors' respective shares till they attain the age of majority?

A: Only the expenses necessary to keep the property in good repairs, and to meet the legal expenses like site tax etc. should be proportionately debited to the minors' shares. Purchase of decorative pieces or expenses of guests' entertainment should not be charged to their shares. The expenses incurred in their education, up-keep and health care may be taken from their shares. So may be the marriage expenses (simple Islamic one, not the lavish extravaganza which is seen in marriage ceremonies nowadays).

Q. 50: Taxes recognised in the Shari 'ah:

Which Taxes are recognised in Islamic Shari 'ah?

A: Islam has imposed the following taxes in a Muslim's wealth and/or earnings:

1. Zakah (including 'Ushr),

2. Khumus,

3. Khiraj of agricultural land,

4. Various types of Kaffarahs,

5. Various kinds of prescribed fines imposed by a Qadi of Shari'ah,

6. Fitrah.

Apart from these compulsory payments, there are voluntary offerings like Sadaqah, Khairat etc.

An Islamic government may urge the Muslims to contribute for some specific projects related to security of state or common welfare, But normally it is a voluntary exercise; although in cases of emergency it could be imposed by force.

Q. 51: Any other Income or wealth Tax?

Is there any other Income Tax recognised by Islam?

A: The only Income Tax recognised is Khumus, and only Wealth Tax is Zakah (including 'Ushr). No other such tax is recognised by the Shari'ah.

Q. 52: Customs Duty and Sales Tax:

Are Customs Duty and Sales Tax recognised in Shari 'ah?

A: No. The whole Earth belongs to Allah, and man-made artificial boundaries (resulting from the un-Islamic concept of nation-states) are not recognised in Islam. Consequently all the rules and institutions based on that concept (Immigration, Passport, Visa, Customs, Restrictions on export and import etc.) go against the Islamic spirit although in present days even Muslim countries follow this system based on nation-state concept since the 18th century of the Christian Era.

Q. 53: A voiding Income Tax and Customs Duty:

In view of the replies to the preceding three question, will it be OK if one avoids paying proper income tax or customs duty? Especially if it is a non-Muslim government?

A: No. According to Ayatullah al-'Uzma Sayyid 'Ali Sistani it is not allowed. Let us say, you are on a visit to Canada. Your written or verbal application for visa constitutes an implicit undertaking on your part to obey the law of the land. And an agreement has to be fulfilled and implemented, even if the 2nd party is a non-Muslim or an atheist. The same applies if you are a citizen of the country, because citizenship entails an explicit or implicit agreement to uphold the constitution and obey the laws.

Q. 54: Cheating a bank or shop

Also, is it OK if we cheat a non-Muslim bank or steal from a non-Muslim shop or company?

A: Again No. The reason given above applies to this case too. You have agreed to obey the law of the land; and no country would allow you to cheat its financial institutions or to steal from companies, shops or individuals.