Alhassanain(p) Network for Heritage and Islamic Thought

Q. 44: LEADERSHIP OF JAMA 'AT:

(a) Can we vote for a leader or a person in any position to represent the community if we are certain of his shortfall in religious behaviour?

Can this community have leaders who are not religious or who have no warmth for religious beliefs?

A: “Leadership of Jamaat” is not a position laid down by shari'ah; it is an 'urfi institution, i.e. based on conventional or customary system and practice. As such a Jamaat or community, in most of the cases, gets the leaders it deserves; and the leaders' moral excellence or decadence serves as a mirror of the moral standard of the electors. It is they who elect the leaders and it is for them to think beforehand what type of representatives or leaders they want to choose.

However, if that position of leadership entails mutawalliship of waqfproperties., then the relevant rules of shari'ah will apply, which I append below:

If the waqif(who has made the waqf) has stipulated that the mutawalli should be 'adil, then a non-'adil cannot become mutawalli; and if he was 'adil when he was chosen as mutawalli, but lost his 'adalat afterwards, he will at once lose his mutawalliship, ipso facto. But if there is no such laid down condition (as is usually the case in the waqfs of the Jamaats in Africa and other countries),

then it is not necessary that he should be 'adil. What is essential is that he should be honest and trustworthy. If such a mutawalli mis-manages or usurps waqf property, the electors should remove him from that position, and if that is not possible, then the mujtahid after some intermediary steps has the ultimate authority to dismiss him.

(b) If a person is holding any position already and he/she openly violates the religious duty, eg.usurping the rights of the orphans, is it wrong to point out his defects in person with guidance from the Holy Qur'an with the aim that he may opt to reform?

A: Nahy 'anil munkar should be done in private, if there is hope that he would reform himself. If there is no such hope, then Nahy 'anil munkar is not wajib on you. Other necessary actions then should be taken.

Q. 45: DONATION BY A NON-MUSLIM:

Can Jamaat accept any donations in cash or kind from any non-Muslims to be used in Jamaat's” affairs?

A: Accepting donations from non-Shi'a or non-Muslim individuals or groups (which are not openly hostile to Shi'a faith), in itself, is allowed. But the following points should be kept in mind:

1. Such acceptance should not be against the dignity and honour of the Jamaat.

2. Such donation may be used for general social services, but not for masjid and the matters related to namaz and 'Ibadat.'

Q. 46: IS SHAVING BEARD HARAM?

Is shaving beard haram? Some people argue that it is not mentioned in the Qur'an or hadith. Please Clarify.

A: It is haram to shave beard or to trim it so closely that it looks like shaving. This rule is based on hadith. There are about ten ahadith on this subject, one of which is given here as example:

'Ali (a.s.) said that the Messenger of Allah (s.a.w.a.) said: Shaving beard is mutilation, and on him who mutilates is the la 'nat (curse) of Allah.

(Jami' Ahadith ash-Shi'a; Qum; 1410; vol.16, pp.607-609)

As for the Qur'an, everyone knows that the Holy Book does not give detailed rules. Can those people show us from the Qur'an, how to pray a 2-rak'ah prayer?Detail are found in the ahadith. For example, there is the aya 2:124, which says:

“And when his Lord tried Ibrahim with certain words, he fulfilled them.”

The hadith which explains the “certain words”,says : …Then Allah revealed to him the hanifiyah, and that is purity; consists of ten things, 5 in the head and 5 in the (rest of) body. The items concerning the head are: Trimming the moustach, growing the beard, keeping the (head's) hair clean, brushing the teeth and using tooth-pick; and the five concerning the (rest of) body are: removing hair from body, circumcision, trimming the nails, the bath of janabat and cleansing (the body) with water; these five are in the body. And this is the hanifiyah (purification) which was brought by Ibrahim; and it will not be abrogated upto the day of resurrection, andthis is the meaning of the word of Allah; “And follow the religion of Ibrahim, the pure. (Qur'an, 3:95).

(The same book, pp. 608-609)

Please mark that some of the ten items are wajib highly emphasized sunnat.

Ayatullah Sistani, like other mujtahidin, says that shaving beard is haram and it is wajib ihtiyat not to shave.

Late Ayatullah Khoui was asked: “What is the punishment of the man who shaves his beard?” He replied: “There is no punishment in this world; as for the punishment in the akherat he is liable to enter the hell.” In reply to other questions, he wrote that the evidence given by the one who shaves beard is not acceptable.

(Masa'el wa Rudud, Part 1, Qum 1412, pp. 75-77).

Q. 47: IS PLAYING CARD LAWFUL?

Is playing card lawful?

A: Card is one of the main “instruments” of gambling; and playing with any such thing (even without wager) is definitely haram and a major sin. Allah says about gambling:

O you who believe! Intoxicants and games of chance (i.e. gamblings) and (sacrificing to) stones set up and (dividing by) arrows are only an uncleanliness, the shaitan’s work; shun it therefore that you may be successful. Shaitan only desires to cause enmity and hatred to spring in your midst by means of intoxicants and games of chance, and to keep you off from remembrance of Allah and from prayer. Will you then desist? (Qur'an, 5:90-91).

There are dozens of ahadith which very strictly prohibit all instruments of gambling. As for the games with cards, someone had asked late Ayatullah Khoui about it attaching 10 cards with the question. He fully explained that a pack contains 52 cards; they are used in various games with different names and various numbers of cards. Some people play it withwagers, others play with it just as a recreation. Ayatullah Khoui replied:

“It is not lawful to play with it at all, whether with wagers or for recreation, as it is known that these cards are among the apparatus of gambling.” (Munyatu 's -sa'il, Qum, 1412, pp. 174-175).

Another man asked him: “Is it allowed to play with instruments made for gambling, for example, card, chess, donnah and carram, just for recreation, without wagers?”

,He replied: “It is unlawful to play with instruments of gambling which are made for that purpose, even if the players are playing for recreation, without any wager.”

(Masa'el wa Rudud, Part 1, Qum, 1412, pp. 119-120).

Q. 48: IS SMOKING HARAM?

Is smoking haram?

A: I believe your question is about cigarettes. Tobacco products are not mentioned in the Qur'an or hadith. Therefore, no fatwa can be given which would be applicable to all human beings. Of course, there are certain general rules which cover such cases. For example, a person is not allowed to use a thing which would be injurious to his/her health; but for others the same thing would be lawful. Sugar will be haram for a diabetic man or woman, but not for others. Likewise, if a person believes that smoking cigarettes will be harmful to his/her health, smoking will be haram for him/her; but not for others.

Some of our mujtahids have advised the youths not to start smoking; and try to discard the habit in case they have started it.

Q. 49: IS RECITAL OF SHAHADATAYN NECESSARY FOR ENTERING INTO SHI'lSM?

Now that I am following the true Islam as taught by our beloved Prophet and his pure progeny (Allah's blessings be upon them all), am I required to take my shahadah over again?

A: No. The shahadah is recited when one discards a non-Islamic religion and enters into the fold of Islam. But within the circle of Islam, change of affiliation from one school to another does not require a new shahadah.

Q. 50: MINIMUM HIJAB:

What is the minimum requirement of Islamic Hijab?

A: Covering the whole head and body except face and hands upto wrist - without decoration (i.e. make-up).

Q. 51: MIXED GATHERING:

If a mixed gathering of women and men is organized, and there is no possibility of preventing it, then is attending such a gathering - religious or otherwise - lawful?

A: Attending such a gathering with full observance of the rules and when one does not look at the things which are haram to look at, is without any difficulty in itself. But if it encourages the women to non-observance of the rules of shari'ah then attending such gathering is not lawful.

Q. 52: LOOKING AT FACE OF A GHAYR-MAHRAM MAYYIT:

I shall be grateful if you will kindly advise me if a ghayr mahram is allowed, in our Shari'ah, to view the face of a dead man (after having been given Ghusl, Hunoot and Kafan). And in the same way is a ghayr-mahram man allowed to see the face of a dead woman?

A: The restrictions of hijab which are applicable to or about a person during his/herlife, continue to be applied after his/her death too.

Q.53 : WHY DIFFERENT PUNISHMENT FOR WOMEN?

If any of your women are guilty of lewdness, take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.

If two men among you are guilty of lewdness, punish them both. If they repent and amend, leave them alone; for Allah is Oft-Returning, Most Merciful. (Qur'an, 4:15-16)

Why different punishment meted to women for the same sin?

A : I do not know which translation you have used while writing questions .You should choose a good translation and avoid confusion which results from motivated and/or mutilated translations.

Even some non-Muslims like Arbury have mostly given correct meanings.

In the above quotation, the translator writes in V.I 6: :If two among you are guilty of lewdness...” He has added the word ‘men' arbitrarily. Does he want to say that the verse speaks about sodomy? Astaghfirullah!

In fact, both verses speak about fornication and adultery. They were revealed in the early Madinite period, when the code of family was not yet promulgated. In pre-Islamic era, if a married woman committed adultery, she was confined to herroom, nobody talked to her, her food was silently put in the room.

In those early days, Allah allowed the Muslims to go on confining them in the house - but not arbitrarily; the said punishment was be given after four male witnesses have given evidence against them. And the end clause clearly indicates that it was a temporary measure until Allah makes for them some way of release. And that way was opened when it was ordained in the ch. 24 v. 2: “(As for) the fornicatress and the fornicator, flog each of them a hundred stripes...”

The verse 16 speaks about unmarried man and woman; they are “the two among you” (not, two men among you).That order too was abrogated by the v. 2 ofch. 24.

If you think that Islam is prejudiced against women, study the chapter of penal code in any book of masa'il, and you will see that in most cases, punishment of women is much lighter than that of men.

Q. 54: MUSLIM HUSBAND, CHRISTIAN WIFE:

Is it lawful for a Muslim to marry a Christian woman?

A: The Shi'a shari'ah allows a Muslim man to marry a Christian woman in Mut'ah form, i.e. in temporary marriage.

Q. 55: MUT'AH WITH A CHRISTIAN WOMAN:

And lastly, I have a son by a woman who I am not married to. While in prison, I've accepted Al-Islam and wish to marry her once I'm released. Can I do so even though she is notMuslim.

If so, can I perform Mut'ah with her now? And do we need witnesses?

A: If she is a Christian or Jewess, and is not willing to enter into the fold of Islam, you may marry her in mut'ah marriage, i.e. a marriage for a fixed period. That period may be short or long. You may marry her for, let us say, 40 years or even more.

In this connection, you should understand the following points:-

(a) You should ask her not to use liquor or pork at all.

(b) She should agree for the children to be brought up as Muslims.

However, you must realize that a subsequent marriage does not make a previously born child legitimate. Islam will not recognise him as your son or heir,

You may do mut'ah with her even now. It is better, but not necessary, to have witnesses during recital of the formula of mut'ah.

Q. 56: ARTIFICIAL INSEMINATION OF HUMAN BEINGS:

Does Islam allow artificial insemination of human beings?

A: There can be four situations in this matter:

First: Inserting, inside the woman's womb, the semen of her own husband.

There is no problem in it and the child will be legitimate.

But it should be kept in mind that the only person allowed to do this “operation” is the woman's husband. No other person, male or female, is allowed to look at the private parts of a woman. However, according to Ayatullah sistani, a person, other than the husband, may look at or touch a woman's private parts if her life is in danger or if she is facing unbearable psychological problems and the cure depends on such looking at or seeing. In such a case, a lady doctor may be asked to deal with it. If it is not possible, then a male doctor may undertake this responsibility. Also in both cases, it is emphasized that if the “treatment” may be affected by touching without looking at it, then he/she should not look at it; similarly, if the work may be done by looking at it, without touching, then he/she should not touch it.

If the “operation” is done by a doctor, other than the husband, this action will be haram in itself, but it will not affect the legitimacy of the child; he/she will be a legitimate offsopring of his/her parents.

These rules concerning the doctor etc. apply to the remaining three ways too; and it should not be necessary to repeat them in every case.

Second: Inserting, inside the woman's womb, semen of someone other than her husband.

This act is haram in itself. But if someone does it then the child resulting from this insemination will belong to the man whose semen was used; he will be the child's father as the woman will be his mother; there will be no relationship between the child and the husband of the woman. In short, the child will belong to his/her biological parents; all rights and duties as between a parent and a child will be affected here, including the right of mutual inheritance. But there will be no such rights/duties between the child and the husband of the woman. However, the child will not be called “child of adultery”, because adultery implies sexual intercourse between a man and a married woman which had not taken place in this case.

Third: The ovum of the wife is fertilized in vitro with her husband’s sperm; and after some time the fertilized ovum is implanted in the wife's womb.

There is no problem in it and the child will belong to his/her legal parents.

Fourth: The ovum of a woman is fertilized in virtro with the sperm of someone other than her husband; and then the fertilized ovum is implanted in that woman's womb.

As described in the second situation, this action is haram in itslef; if a child is bom it will belong to the woman and that man whose sperm was used. All other details of the second situation will apply here too.

Q. 57: IS SURROGATE MOTHER ALLOWED IN ISLAM?

Nowadays the system of employing “surrogate mother” is spreading. The sperm of a man is inserted into the womb of a woman, other than his wife. They make an agreement with that woman (called, surrogate mother) that she will carry the child for the full term (cir. 9 months), but after delivery she will hand over the child to the man whose sperm was inserted; and he and his legal wife will bring the child up as their own child; the surrogate mother will have no contact at all with the child, the surrogate mother is paid heavy remuneration for this “service”.

Is this act allowed in Islam?

A: It has been explained in the preceding reply that inserting into the womb sperm of someone other than the woman's own husband is haram. However, if a woman commits this sin and the sperm fertilizes her ovum which develops into a child, then, as was mentioned above, the child will belong to the woman and that man. (See the Second situation above). The legal wife of that man and the legal husband of that woman will have no relationship with that child. All the details mentioned in the preceding question will apply.

Q. 58: COUPLE'S FERTILIZED OVUM IMPLANTED IN A SURROGATE MOTHER

Concerning the above question about surrogate mother, what does the shari'ah say if the ovum of a. wife is fertilized in vitro with the sperm of her own husband, and the fertilized ovum is inserted into the womb of a surrogate mother, who carries it for nine months and after delivery hands the child over to the above-mentioned couple? It is done when the above-mentioned wife is unable to carry the childIn her womb because of some health problems.

A: All the restrictions mentioned in the Question No, 56 under First and Second situations apply here in toto

.

As for the child, according to Ayatullah Sistani and a majority of the living mujtahideen. it belongs to the man and woman whose sperm and ovum, respectively, contributed to its creation, i.e. to the said man and his wife.

However, almost all of them say that in the matter of relationship between the child and the surrogate mother, Ihtiyat (Precaution) should be observed. It means that she should be treated at least as a foster mother and her other sons and daughters as foster brothers and sisters.

Q. 59: A NON-MUSLIM IN A MASJID/IMAMBARA

Can a non-Muslim be allowed to enter into masjid or Imambara? Should he be allowed to touch 'alam or taboot?

A: He should not be allowed to enter into a mosque. There is no difficulty if he enters into Imambara. Also, he may touch 'alam or taboot if he does so with respect and reverence.

Q. 60: LADIES TO SUPERVISE CHILDREN'S PROCESSION:

A procession of small children was taken out in the car park of the mosque and a few ladies assisted these children. All these ladies were in proper hijab. To this the Jamaat had agreed. Was it lawful, according to the shari'ah, for these ladies tohe out in the car park to supervise the children's procession?

A: If all conditions of hijab were observed, then it was certainly lawful, according to shari'ah, for the ladies to be out in the car park.

Q. 61: WHY WE DO NOT WASH FEET IN WUDHU?

Allah the Almighty has prescribed the way wudhu should be done. He says:“O ye who believe When ye prepare for prayer, wash your faces, and your hands (and arms) to the elbows: rub your heads (with water); and (wash) your feet to the ankles.” (5:6).

Why are we Shi'as doing the other way completely different from that shown by Allah?

A: I do not know from where you have taken this translation. However, it needs not much intelligenece to realize that the words given within the brackets are not in the original Arabic. Also if you look at the Arabic column on the right side, you will see that there is no punctuation mark from the beginning of the verse till it conies to the words,(i.e. to the ankles). Now read the translation omitting the words in brackets and ignoring the arbitrary punctuation marks. You will find:

“O you who believe! when you prepare (actual translation: riseup) for prayer wash your faces and your hands to (or as far as) the elbows and wipe your heads and your feel to the ankles.”

Grammatically our stand is so clear that the famous Sunni scholar. Imam Fakhruddin Razi has written in his Tafsir Kabir under this verse that the Arabic grammatical rules support the wiping (mas-h) of feet.

Also you are advised to read answer to the Question 69 in Your Questions Answered, Vol.6, where more detail is given.

Q. 62: TAKING HELP IN WUDHU:

Is a 2nd person allowed to help one in doing wudhu e.g. giving him water in his hand from a jug/cup whatever it be, or one should do this job by himself?

A: One of the conditions of wudhu is that the person concerned should do it himself/herself. If another person washes his face or hand, for example, or joins him in such washing, the wudhu will be batil (Of course, if one cannot do wudhu by himself, then taking others' help is OK.)

As for the situation given in your question, all I can say is that it is very undesirable. Once Imam Ridha (a.s .) saw Mamun Rashid doing wudhu in the same way (His servant was pouring water on his hand.) The Imam (a.s .) at once admonished him not to do so, and recited the last verse of the chapter Al-Kahf:“he should not join any one in the worship of his Lord.” (18:110)

Q. 63: MENOPAUSE:

I am 50 years old and I am still getting my monthly period every month. For the first 5 days I get a few drops only; from 5th to 10th or 15th days I get heavy bleeding which has the signs of haez. I have read masael of lmam-Khui & Imam Seestani also, but I am still confused. Please hefp. Shall I consider the whole period as istehaza, and perform my Namaz as usual.As I heard that women after 50 years, are having istehaza only.

A: According to Ayatullah Sistani, the age of menopause is 60 years. But, as a matter of ihtiyat, between the age of 50 and 60, non-Qurayshi women (like you) should perform wajibat of istihaza and abstain from the things which are haram during monthly period. It means that you will do wuzu or ghusl (or tayammum if ghusl is not possible or is harmful) as a woman in Istihaza is required to do and then pray your namaz and keep fast. But at the same time you will not do anything which a woman in haiz condition is not allowed to do, i.e., you should not recite those Qur'anic verses in which sajdah is wajib, should not touch the names of Allah, and Ma'sumeen,nor the writing of the Qur'an. Nor should you enter any mosque or put anything in it even from outside.

If for two consecutive months you have seen blood as you have mentioned, then during the first five days, you will treat it as istihaza Qalila (without any need to follow the above-mentioned Ihitayat.) For the later days when it has the signs of haiz blood, you will follow the above rule of ihtiyat.

Q. 64: DID THE PROPHET RECITE SALAWAT IN TASHAHHUD

I was recently asked how is it that we ask for peace and blessing of Allah Ta'ala to be upon Muhammad and his Household (s.a.w.a.) when we are to assume that he never said this inprayer?

A: It is wrong to say that the Prophet (s.a.w.a.) never recited the salawat in the prayer. The prayer was taught to the Muslims by the Prophet himself, who used to say: Pray as you see me praying. And in this process he used the same wordings which his ummah was expected to say.For example, Ibn 'Abbas reports the wordings of tashahhud as recited by the Prophet (s.a.w.a,) that he used to say, inter alia, “Peace be on you, 0 Prophet! and mercy of Allah and His blessings. “Mark that he said “on you” (not on me) and addressed himself saying, '0 Prophet!(Sahih Muslim, vol.2 p. 15; lmamash-Safi’i, Kitabal-Umm, vol.1, p. 140, Beirut, 1403/1983).

The companion, Ka'b ibn 'Ujrah, reports about the Prophet (s.a.w.a) that he used to recite in the prayer: '0 Allah! send Your mercy to Muhammad and the progeny of Muhammad as You sent mercy to Ibrahim and the progeny of Ibrahim, and send Your blessings to Muhammad and the progeny of Muhammad as You sent blessings to Ibrahim and the progeny of Ibrahim; surely You are Praiseworthy and Glorious.”(Kitab al-Umm, vol. 1, p. 140).

Thus you see that the salawat and tahiyyat were being recited by Ihe Holy Prophet himself.

It is not unlike surah Al-Fatihah, where Allah praises Himself and declares, “Thee alone do we worship and frotn Thee alone do we seek help.” All this was done to teach the Muslims how to talk to Allah.

Q. 65: THE BASIS OF OUR PRAYER'S METHOD:

Why, based on Qur'an and or hadith, do we as Shia pray as we do?

A: It is not possible to write here reason of every action of prayer in which we differ from our Sunni brothers. In short, you may rest assured that our prayers are 100% based on the Qur'an and the ahadith of the 14 Ma'sums (a.s.). For example, our 6th Imam, Ja'far as Sadiq (a.s.) once prayed 2 rak'ah prayer in order to show one of his companions, Hammad ibn 'Isa, how to pray. Hammad later narrated the whole episode in full detail. But even that tradition is too long to be translated in this short letter. However, our prayer fits that description perfectly.

Q. 66: HOW TO STAND IN JAMA'AT PRAYER

Are we to stand in prayer shoulder to shoulder and toe to toe or just shoulder to shoulder? Please explain.

A: It is emphasized that we should stand in a straight line without leaving any gap between two persons. Although there shall be no trouble even if there is a small gap, let us say, about a foot and a half. But standing together without any gap is ideal.

When you stand at the side of another man, naturally you will stand shoulder to shoulder. But how can you stand at the same time “toe to toe”? Islam is a natural religion; you are required to stand in a natural way, and that is all.

Q. 67: 'AMAMAH & 'ABA IN PRAYERS:

We find in the English version of the masa'il of Ayatullah Sistani that wearning turban (amama) alongwith its final fold passed under the chin, and an 'aba on the shoulder is mustahab during prayer. It is claimed by some people that such dresses are meant for 'ulama only; others are not allowed to wear them. Please clarify this matter.

A: It is mustahab in itself for all males to wear 'amama and 'aba in prayer. However, there could be some secondary considerations which might make this rule inoperative. For example, let us say, you are living in a country or society where 'amama or 'aba is not a common dress and is used by only a particular group (like 'ulama'). Now if you, being a non-'alim, are using this dress in prayer outside your home, let us say in masjid, somebody who does not know you might think that you are an imam of jamaat and start his prayer behind you. Obviously it would put him in trouble. Or your friends might think that you were “posing” as an 'alim and subject you to ridicule.

On the other hand, if there is no such danger then the original rule stands that it is mustahab.

In short, in opting for such mustahab rules,one, should keep in mind the environment and society norms.

Q. 68: Bl HAWILLAH...LOUDLY OR IN WHISPER?

I ask you about the formula: Bihawlillahiwa Quwwatihi Aqumu wa Aq'ud, whether it should be recited loudly or in whisper?

A: You can recite it any way you like; but it is better to recite it loudly after the rak'ahs in which Surah al-Fatiha and the other Surah are recited loudly, and in whisper in other rak'ahs.

Q. 69: CLAY OF KARBALA AND CURE OF ILLNESS:

It is our belief that the earth of Karbala is blessed and a cure for every illness (Khake shafa). Can you please explain this belief and prove it from authentic sources references.

A: According to well-known and accepted ahadith, Allah bestowed three distinctions to Imam Husayn (a.s .) in this world in appreciation of his willingly accepting the martyrdom.

(1) Continuation of Imamat in his progeny, (2) acceptance of du'a under his dome, and (3) shafa, (woe) in his earth. In this connection, a few points should be made clear:

1. Eating earth is haram; eating the/earth of Karbala is the only exception with certain conditions: That the earth should have been taken from its place after certain invocations; a prescribed du'a should be recited before eating it and another du'a after eating it; the amount eaten should be less than a chick-pea (chana), because eating it in a bigger quantity or without urgency is strictly forbidden, and as Imam (a.s.) has said, “it would be like eating our flesh.”

2. If Allah has issued a firm decree that a certain person will die on a certain day and time, no du'a or medicine (including Khak-e-Shafa) can postpone his death. For details of firm and conditional decrees, see my book. Justice of God, available from the Mission.

Q. 70: FRIDAY PRAYERS:

In reference to all books of masaail which I have so far gone through, I found that one who leads Jamaat prayers (of course under certain qualifications as listed therein) can also lead Friday prayers provided he fulfills the conditions-of Friday prayers as mentioned therein too. However there are speculations that one who leads Friday prayers is obliged to seek permission from the Marjaa to do so although he does lead daily prayers.

A: Any Imam who leads in daily prayers may lead in the Friday prayers. Even according to Tahrirul-wasilah of Late Ayatullah Khomayni (r.a .), there is no additional qualification required for Friday prayer's Imam.

However, in the Islamic Republic of Iran, an Imam of Friday prayer has been given the authority and privilages of a member of parliament. As such, their appointment is in the hands of the Waliye Faqih. It is an administrative matter which obviously should not apply outside Iran.

Q. 71: SHI'AIMAM & MALIKI CONREGAT10N:

I was leading in prayers, andall the congregation follows the Maliki school of Fiqh while I am Shia. Am I allowed to do Taqiyyah? If yes, then in which parts of the prayer?

A: It is a very complicated question. Basically, Taqiyyah is allowed to avoid any harm or possible harm to life, honour or property. Apparently there is no such danger in your case. But if you think that if people come to know about your change of madh-hab, your social standing, or family relations or your livelihood will be harmed to an unbearable extent, then you should resort to Taqiyyah, and pray exactly as the Malikis do.

Also, if you think that by observing Taqiyyah you may be able to spread the True Islam (Shi'ism) among your people, you can do so without hesitation.

Q. 72: PRAYING FURADA WHEN JAMA'AT IS IN PROGRESS:

(a) Can an individual offer a Furada (separate prayer at the same time when congregation prayer is being conducted in the same hall of the same mosque?

A: Ayatullah al-'uzma as-Sistani has not written anything about this matter in his book; but some previous mujtahideen have written that praying furada prayer at the same time and place where and when congregational prayer is being conducted is tantamount to gheebat of the Imam of that congregational prayer. Needless to say that gheebat is a most serious major sin which will not be forgiven by Allah Subhanahuwa Ta'ala unless the victim of the gheebat forgives that person.

Late Ayatullah Khomayni has written in reply to a question that praying furada in a place where congregational prayer is being is not Ja’ez (lawful) although the prayer is valid”. (See Istifata’at vol.1 p.164).

(b) If an individual (reasons best known to himself) doesn’t want to pray in congregational prayers due to any particular Imam (leader), is he permitted to pray everyday a furada namaaz (separately) during the same time and at the same mosque when congregational prayers are being conducted?

A: Late Ayatullah al-Khoui was asked by two persons separately about this problem; one of them wrote: “Zayd (who is respected by people) enters a mosque when a congregational prayer is going to be held behind an Imam whom Zayd thinks is not qualified for it, because he is not 'Adil' or his makhraj is not correct or because of some other reason. People rely on Zayd's opinion and respect it; if he prays behind him because of taqiyah or just pretends to join the congregation (while having niyyat of Furada), the mu'mineen will surely take it as a confirmation of that Imam's qualifications and think that it is lawful to pray behind him. Now what should Zayd do? Should he pray behind that Imam? Or should he go out (of the mosque)? Or should he pray furada (separately) which would be an insult to the Imam?”

Late Ayatullah al-Khoui replied: “In the situation mentioned in the question, his only option is to go out. And Allah isKnowing .” (See Masa'ilwa Rudud. Qum, Vol.1, pages 33-34).

Another person asked about the same problem with a slight difference: He was in a gathering and when time of prayercame, congregational prayer was arranged behind someone who, in his views, was not fit for it. If he goes out, it will reflect badly on the said Imam, and if he joins the prayer with niyyat of furada, others will take.it as a confirmation of the qualifications of that Imam.

Late Ayatullah al-Khoui replied: “In this situation he may get out by pretending that his nose had started beleeding, or that he had got severe stomach-pain or something like that.”(See Munyatussa'il. 3rd ed., 1412, Qum. p. 39).

(c) Is it permissible for an individual (praying furada) to recite the two suras loudly at the same time and place where congregational prayers are being conducted and performed?

A: A man has to recite al-Hamd and the other Surah in an audible voice in Fajr, Maghrib and Isha prayers. The voice should be audible to another person standing with him. It may be even louder, but it should not reach shouting level.

As is clear from late Ayatullah Khomayni's fatwa, praying furada when and where congregational prayer is being conducted is not lawful. Likewise, late Ayatullah al-Khoui tells such a man to go out of that place. If in spite of these fatwas somebody prays furada at the same time and place where Jama'at prayer is being conducted he commits a sin, but his prayer will not be invalid. However he should keep the level of his voice to the minimum as explained above

(d) When the voice of an individual in the above question is to such an extent -which disturbs the Imame-Jamaat or Mamums in the congregational prayers, what the Islamic Law says about such disturbance?

A: Disturbing aprayer, be it Jamaat or furada is an unlawful act, which Islam does not approve, as was clearly written by late Ayatullah al-Hakim and late Ayatullah al-khoui in their fatwas.

Q. 73: TWO ADHANS BEFORE FRIDAY PRAYER?

Why calling two adhans before Friday prayer is not accepted by all Muslims? Who started the 2nd adhan before it?

A: Adhan is said when the time of prayer begins. It is wrong to say it before time. On Fridays, since Prophet's time to 'Uthman's early days, the Imam used to sit on minbar (pulpit) when prayer time came, and then adhan was called. After the two khutbas, iqamah was recited and the prayer started. This adhan and iqamah together were called two adhans. 'Uthman added one adhan before the time. It is bid'ah. See for reference Tarikhu 'l-Khulafa'. Imam as-Suyuti, Delhied , no date, p. 154.

Q. 74: WHY DO WE KEEP OUR HANDS OPEN IN PRAYERS?

I would like to know if there is some tradition on the prayers, as the Shi'a and the Malikis hold their hands to the side.

A: Keeping hands unfolded (while standing) is the natural posture, and those who follow it do not need any hadith to justify their action. Has any one asked you to quote a hadith that you should keep your eyes open during prayer? It is those who deviate from natural way who should justify their behaviour from Qur'an and/or hadith.

And when we look at the systems, an interesting picture comes before our eyes.

It appears from some reports that when Iranian prisoners were brought before 'Umar, they stood before him with folded hands. On being asked the reason, they said that it was their custom to stand before the elders with folded hands. 'Umar said: Then we too should do the same when we stand before Allah in prayers.

That was the beginning. But as I will explain later the idea was not accepted in Medina. There are some pointers which show that it had caught up in the early days of Mu'awiyah's governorship in Damascus. When Anas ibn Malik, a companion of the Prophet (s.a.w,), went to Syria, he wept and said: “I do not see here anything which I used to see in the days of the Prophet (s.a.w.), except this prayer and that too is disfigured.”(Sahih al-Bukhari).

Then there are these four Imams of the Sunnis. Look at their fatwas concerning this matter; and you will see the truth yourself.

1) Imam Malik ibn Anas (died 179) lived in Medina, He orders his followers (the Malikiyah) to keep their hands open, saying that it is the way the people of Medina pray, and they must have learnt it from the Prophet (s.a.w.),

2) Imam Abu Hanifah (died 150 A.I I.) and Imam Ahmad ibn Hanbal (died 241 A.H.) lived in Iraq and they ordered their followers to keep the hands folded.

3). Imam Shafi'i (died 204 A.H.) was bom in Mecca, studied in Medina and then shifted to Iraq and finally to Egypt. He gives his followers choice of folding the hands or keeping them open.

Have you noted the connection between their places of residence and their fatwas? The man who lived in Medina kept the hands open; those who lived far from Medina folded their hands; and the one who lived in both places allows both customs. It makes us believe that the custom of folding the hands in prayer was invented far from the city of the Prophet (s.a.w.a.).,

One more interesting fact: The Shi'as, the Malikis and the Ibadhis keep their hands unfolded; the Hanafis and the Hanbalis keep them folded; and the Shafi'is allow both. So, out of six sects three and a half keep their hands open, and two and a half keep them folded. Looking from this angle, those who pray with open hands are in majority!!

Q. 75: TARAWIH AND NAWAFIL OF RAMADAN:

What is the position of tarawih in Islamic shari'ah?

A: It is bid'ah (innovation), because praying a non-obligatory salah with congregation is not allowed in Islam, (The only exception is Salatu 'l-istisqa' - the prayer to seek rain.) Tarawih was invented by the 2nd caliph, 'Umar, whohimself admitted that it was a bid'ah, when he said: “A good bid'ah it is”. (See Your Questions Answered, vol.6, Q.No.81),

The Shi'a shari'ah exhorts the believers to pray individually 1000 rak'ah sunnat prayers during 30 nights of the month of Ramadhan, details of which may be seen in Your Questions Answered, vol. 6, Q.82.

Q. 76: FORBIDDEN MONTHS:

Why is it that themonths ofRajab, Zulqa'dah, Zulhijj'ah and Muharram are called forbidden months?

A: “Haram” means forbidden, holy, sanctuary. Haram month means holy months in which fighting is forbidden and people feel they are secure and safe.

The pre-Islam Arabs used to stop fighting form dhulqa’dah to Muharram to enablethemselves to perform hajj safely without any fear. In Rajab they held the famous fair at Ukaz and stopped fighting to enable people to make deals peacefully.

Islam, being a religion of peace, confirmed this custom in order to let people refrain from war & fights atleast 4 months in a year.

Q. 77: ON HUMAN BOMB:

Just recently I met a young Palestinian who fled his country due to the fact he was asked by his leader to place a bomb on himself in defense against the Israiles. He opposed this and he is now confined in the prison system here. He asked me my position as it relates to this, but I was at a loss. Could you shed some light on this practice for me? Does this practicehas anything to do with Islam?

A: I could not understand why that man is in the prison in USA; because according to what you have written he has not committed any crime in or against your country.However , coming to your question , such practices are not approved by Islam. Turning onself into human bomb is suicide which is unlawful in Islam. The Prophet (s.a.w) used to instruct his army groups not to attack the civilians, not to harm old people, children & women. In short they were not to attack anyone who had not come to fight them. The same instructions were given by his Caliphs. Butwhom does these humanbombs or (car bombs) make their target?Unarmed civilians, children, women, young and old who have gathered in market or schoolor other such places. It is unmitigated terrorism and nothing else. It is not a defence against Israiles it is in factan offence against the humanity.

The only situation when such action could be justified is if it is ordered by Prophet (s.a.w) or other present Imam (a.s). But the prophet is not alive and the present Imam is hidden from our eyes. And we are sure that they would not order such a thing.