Divine Rulings

Divine Rulings

Main Entry: Nekounam, Mohammadreza, 1327-
Title and Creator: Ahkam Ilahi (Divine Rulings), Responses to the Most Important Inquiries in Accordance with the Fatwas of His Eminence Ayatollah Al-Uzma Haj Mohammadreza Nekounam, May God Preserve His Eminence.
Publisher: Tehran, Sobhe Farda, 1401 (2022).
Physical Description: 444 pages.
ISBN: 978-964-2807-84-0
Dewey Decimal Classification: 342.297
National Bibliography Number: 37401-85-M
Library of Congress Classification: 1401 4 G 8 N/9/183 BP

In the Name of Allah, the Most Gracious, the Most Merciful

Praise be to Allah, the Lord of the worlds, and blessings and peace upon His best creation, Muhammad, and his pure family, particularly the Imam of the Age and the Seal of His Waliyyas, Hujjat Ibn Al-Hasan al-Askari (may my soul and the souls of all worlds be sacrificed for the dust of his blessed feet), and may the perpetual curse be upon their enemies, the enemies of religion.

“Allah intends for you ease and does not intend for you hardship” (Quran, 2:185).

As we have stated in the field of jurisprudence, religious rulings are established upon ease and facilitation, both in engineering and legislation. No ruling should contradict this noble verse.

The laws of Islam, in their original establishment, are easy, accessible, and beneficial. This means that when religious rulings are correctly understood, interpreted, and applied, they open the doors to life, not hardship, restrictions, or burdens. Just as the Holy Quran, the principal source of religious rulings, is designed to facilitate and be of benefit, the Quran itself says: “And We have certainly made the Quran easy to remember, so is there anyone who will be mindful?” (Quran, 54:40).

The practice of imitation (taqlid) is also a form of facilitating the proper use and understanding of the Quran and other sources of religious rulings. Islam, like the rational actions and practices of people, seeks to make life easier by ensuring the comprehensive provision of human needs.

Islam is a religion that is easy, accommodating, and open-minded. It neither legislates laws that are unbearable nor accepts situations that result in hardship or oppression. Therefore, all religious rulings are effective and binding both in their establishment and in their implementation. They are obligatory to enforce, except in cases where their enforcement would result in extreme hardship or difficulty, which would obstruct their application. This means that a ruling is not considered to be inactive in its establishment just because it is subject to hardship during its enforcement. The rulings are binding, but if they cause extreme hardship, the obligation to implement them may be deferred until such hardship is no longer present.

Islamic law is intended to provide a life of comfort, a life that is pleasing, easy, and in harmony with the ultimate spiritual welfare and eternal happiness of human beings.

As we have previously mentioned, living in the era of the occultation of the infallible Imam is a special subject, and it requires an approach that should not be overlooked in the understanding and interpretation of religious teachings. In this important era, the expertise of the jurist should focus on how to present religion in a way that, even a non-believer, despite their narrow-mindedness, is inclined towards faith. The jurist must strive to show that true religious practice brings ease and comfort, and how to convey the easy nature of religion to society, ensuring that even those who are distant from faith can be influenced and brought into a state of comfort and ease through religious practice.

In this book, titled Divine Rulings, we pursue such a goal. Although this book addresses questions similar to other works in the field, its distinctive feature lies in the responses and solutions provided, which are designed to be practical, easy, and accessible.

Islamic law is a law of facilitation, openness, and ease, not one that imposes unnecessary difficulty or hardship on people. The ease and facilitation in Islam do not mean a lack of law; rather, it is the law of God in which ease is embedded. It is part of the Islamic law that everything is permissible unless it is classified as prohibited.

The law of Islam is like the rules of traffic; by following them, ease in movement is achieved, preventing traffic jams and accidents. Religion, in its essence, values awareness, piety, and freedom while promoting the health and happiness of people. It also emphasizes the simplicity of the law and its avoidance of hardship. This means that if people adhere to what God has commanded and maintain the legal boundaries of the law, their lives will be made easy and pleasant. Conversely, straying from the divine law will result in hardship and deprivation.

The Shariah of Islam has distanced itself from hardship, and considering it burdensome is entirely contrary to the true nature of the faith. Anyone who finds religion difficult or burdensome, either due to their temperament or shallow understanding, causes confusion in society and, although they may claim the prestigious position of religious jurist, they bring about public resistance to faith. Incorrect, rigid viewpoints that impose unnecessary hardship and difficulty are a result of a lack of understanding and a corrupt approach to religious law.

The life of every individual in society should be easy, joyful, expansive, and, in the Quranic sense, characterized by ease and goodness: “Allah intends for you ease and does not intend for you hardship” (Quran, 2:185). The ease and simplicity in religious rulings bring about a flourishing life, not one of bondage and hardship.

Difficulties arise from the incorrect interpretations and misapplications of the law, not from the religion itself: “Every defect comes from our own faulty understanding of Islam.”

In a narration from Imam Sadiq (as), it is stated:

“The wife of Uthman ibn Maz’un came to the Prophet and said, ‘O Messenger of Allah! Uthman fasts during the day and prays during the night and does not approach me.’ The Prophet became angry and, holding his sandals, went to Uthman and found him praying. Uthman stopped his prayer when he saw the Prophet. The Prophet said to him: ‘O Uthman! Allah did not send me to lead you to monasticism, but rather with a religion that is pure, easy, and straightforward. I fast, pray, and engage with my wife. Whoever loves my nature, let him follow my tradition. And from my tradition is marriage.'”

The Prophet clearly said: My way is the pure, easy, and comfortable law of Islam, a law that harmonizes with the human condition, meaning that prayer, fasting, and spirituality coexist with personal well-being, moderation, and balance. As much as prayer and fasting are obligations, marriage is also a part of my Sunnah.

Religion, therefore, is a way of life for everyone, founded on tolerance and ease. A society that embraces ease and goodness will lead to harmony, prosperity, and happiness.

The Philosophy and Necessity of Religious Rulings and Imitation (Taqlīd)

The Principle of Ease in Religious Rulings

Islamic rulings are divinely engineered on the basis of yusr (ease) and not hardship or difficulty. They are designed to facilitate a comfortable life; otherwise, if life were characterised by constraint and distress, it would result in chaos and disorder, undermining the very purpose of religion and divine law. Thus, sincere adherence to the unadulterated rulings of the Shari’ah—whose essence is established upon ease—yields comfort, affluence, grace, blessing, well-being, security, and success.

The spirit of religious rulings inherently embodies tranquillity, ease, and gentleness. They are legislated for society in a way that people do not encounter compulsion, harshness, or pressure. Consequently, Islam rejects a life of hardship and distress and deems any ruling that results in undue hardship for Muslims as un-Islamic. It offers a lifestyle based on ease and facilitation. True relief and expansion are attainable only through a religious life aligned with the macro-policies of the Shari’ah. A life governed solely by human-devised systems, detached from divine revelation, is incapable of holistically harmonising, securing justice, or ensuring societal welfare.

A religious society is, by nature, one of ease and simplicity, albeit attentive and precise. It operates with the compassion of a physician and brings peace. It is a society where individuals are harmoniously connected, extend kindness and support to one another, and revere the grandeur of love and loyalty. In such a setting, people can love one another, open their hearts to others, and show genuine concern—all grounded in hope derived from mutual affection.

Why Imitation (Taqlīd) Is Necessary

Q: In today’s world, where reading and access to knowledge are widespread, is imitation in religion still necessary and obligatory?

A: Taqlīd refers to the practical adherence to the teachings of a qualified scholar. It is not merely about knowing a fatwa, but about operational compliance when required. Taqlīd can be understood through three components:

1. Receiving instructions from someone else;
2. Acceptance and adherence without demanding proof;
3. Following a knowledgeable expert in matters requiring specialised knowledge.

Taqlīd is of two kinds: valid and invalid. Valid taqlīd involves seeking guidance in matters where one lacks the necessary knowledge and cannot independently reach conclusions without expert assistance. This entails:

• An individual lacks the means to perform the act without assistance;
• The expert possesses sufficient knowledge to guide others;
• The follower does not need to know the rationale behind the ruling but trusts the expert’s competence and integrity.

Invalid taqlīd is when one follows others in matters that one can independently understand and perform without hardship. For example, in aesthetic, social, ethical, and personal matters—like dressing, walking, or speaking style—individuals can act based on their own reasoning and natural disposition.

Conclusion: Proper taqlīd is not blind imitation. Claims against ijtihād and religious taqlīd are baseless, as taqlīd of a risālah (legal manual) is, in essence, adherence to the Qur’an and Sunnah. Moreover, legal manuals represent only a segment of Islamic rulings, not the entirety of religious knowledge.

Thus, taqlīd is a rational and efficient way to access religious teachings. The differentiation between valid and invalid taqlīd must be observed, as invalid taqlīd—especially when imposed by colonial or exploitative powers—leads to a lifeless and stagnant society.

Valid taqlīd aligns with human nature and promotes social cooperation. Throughout history, it has governed human communities. The need for expert guidance, like a student from a teacher or the general public from a religious scholar, is indispensable for societal order.

It is unrealistic to expect individuals to be self-sufficient in all fields—medicine, construction, education, and so on. Denying the necessity of specialisation in today’s complex world is unreasonable. Conversely, imitation in matters where independent action is feasible is unnecessary and even undesirable.

Scope of Taqlīd

Q: Is taqlīd limited to acts of worship such as prayer and fasting, or does it also apply to transactional and legal matters?

A: Taqlīd is not required in essential religious beliefs. Beyond that, it encompasses all religious practices and legal rulings. It is also permissible in matters of belief if it leads to certainty.

Acts Performed Without Taqlīd

Q: What is the ruling on someone who has worshipped for ten years without following a marjaʿ (legal authority)?

A: They must begin taqlīd now. Past acts are valid if they conform to the rulings of a qualified marjaʿ, whether living or deceased. Otherwise, such acts must be redone unless they align with precautionary rulings or actual correctness is otherwise proven.

Taqlīd for Married Women and Children

Q: Should a wife follow her husband’s marjaʿ, or a child their father’s?

A: No. Taqlīd is an individual responsibility based on the criteria of eligibility. Women and children are free to choose their marjaʿ.

Criteria for the Most Knowledgeable (Aʿlam)

Q: Does mastery of non-legal sciences give a mujtahid superiority over others?

A: Yes. Competence in theology, logic, sociology, psychology, and political science can confer advantage if legal knowledge is equal. However, the decisive factors remain intellectual rigour, justice, and scholarly consistency.

On Changing Marjaʿ or Following Multiple Authorities

• If a person doubts the aʿlam status of a marjaʿ, they may switch.
• It is permissible to follow different marājiʿ in separate issues, provided it doesn’t lead to practical contradiction.
• Following a marjaʿ who is likely more knowledgeable is obligatory.
• Valid taqlīd requires that the marjaʿ meet all necessary conditions (justice, knowledge, integrity), though absolute aʿlamiyyah is not always identifiable.

Determining Aʿlam

• One must rely on trustworthy experts (ahl al-khibrah).
• Laypersons cannot independently assess aʿlamiyyah.
• Testimony of those in early stages of religious education is insufficient unless they genuinely meet evaluative standards.
• A non-cleric’s opinion is acceptable if based on reliable expert knowledge.

Dealing with Conflicting Expert Opinions

• If expert opinions about aʿlamiyyah conflict, and no certainty is reached, the believer may follow any qualified marjaʿ.

Specialisation in Ijtihād

Q: Given that it is impermissible for a mujtahid to perform taqlīd (emulation), does this rule also apply to those scholars who have attained the level of ijtihād only in certain areas or rulings?

A: Both the absolute mujtahid (mujtahid muṭlaq), who is capable of independent reasoning in all branches of Islamic jurisprudence, and the specialised mujtahid (mujtahid mutajazzi’), who is competent in a specific domain, are subject to the same principle. However, a person may only refer to a specialised mujtahid within the scope of his expertise and may not treat him as a source of emulation (marja‘) in all areas of fiqh.

Q: In our contemporary age, where issues have become highly specialised, technical, and complex, is it still plausible for someone to attain absolute ijtihād and to be capable of deriving rulings on all matters, including those which require extensive interdisciplinary knowledge?

A: The increasing specialisation of fiqh disciplines must be taken into serious consideration. In fact, specialisation in particular branches of jurisprudence is not only permissible but necessary in our time. Nevertheless, attaining comprehensive mastery over all domains of fiqh and reaching the exalted station of absolute ijtihād remains theoretically possible—though rare in practice. Caution must be exercised when accepting such a claim to avoid superficial assessment. For the purposes of taqlīd, it suffices that the individual meets the conditions of a just mujtahid within the specific area of jurisprudence required.

Taqlīd of a Deceased Mujtahid

Q: Is it permissible to follow (perform taqlīd of) a mujtahid who has passed away?

A: It is permissible to emulate a deceased mujtahid, even in matters on which one had not previously followed him. In such cases, it is not necessary to obtain permission from a living mujtahid, unless the deceased mujtahid had not issued a fatwa on a specific matter or the superiority of a living mujtahid becomes evident.

Q: If someone continued emulating a deceased mujtahid without obtaining permission from a living one, what is the ruling regarding their actions?

A: Their actions are valid. It is not obligatory to seek permission from a living mujtahid in order to continue following a deceased one or to begin initial taqlīd of him.

Q: In which matters is it permissible to act upon the fatwa of a deceased mujtahid?

A: One may follow a deceased mujtahid in all matters without exception, unless he had not issued a ruling on a newly arising issue, or if the superiority of a living mujtahid is verified.

Q: If someone begins to follow a second mujtahid after the death of their previous marja‘, but before acting on the fatwa of the second, they return to following the first deceased marja‘, is such a reversion permissible?

A: Since taqlīd is constituted by acting upon a fatwa, and not merely by intention, such a person is not deemed to have properly followed the second mujtahid, and thus may return to the previous one. If neither mujtahid’s superiority is established, one may emulate either of them.

Q: An individual, after the death of their first marja‘, remained in his taqlīd with the permission of a second, living marja‘. Later, the second marja‘ also passed away, and now the individual follows a third living marja‘. Should they continue following the first marja‘ with the permission of the current one, or are they required to emulate the second?

A: They may remain in taqlīd of the first marja‘ or refer to any qualified mujtahid of equal standing. Furthermore, it is not necessary to obtain the permission of a living mujtahid to follow a deceased one.

Q: If someone had been following a deceased mujtahid and remained in his taqlīd with permission from a living authority, can they refer to another marja‘ for new issues, or are they bound to the rulings of the deceased? What if they have already sought fatwas from another?

A: One may follow a deceased mujtahid even without having acted upon his rulings during his lifetime. This applies to all matters, whether or not one has acted upon them previously. Consulting another qualified mujtahid is permissible. Taqlīd is defined by action; mere inquiry or seeking a fatwa (istiftā’) does not constitute taqlīd.

Q: If it is difficult for people to determine who the most learned (a‘lam) mujtahid is, may they continue to follow a deceased marja‘ without referring to a living one?

A: There is no objection in doing so.

Q: If a person had followed a marja‘ from the time they became religiously accountable (mukallaf), but neither reviewed nor acted upon the fatwas of that marja‘, may they now choose another?

A: Yes, there is no objection.

Q: In cases of disagreement among scholars, is it permissible to follow the fatwa of deceased, non-a‘lam mujtahids?

A: If the superiority (a‘lamiyyat) of one is determined, one must follow them. Otherwise, it is permissible to refer to any qualified mujtahid, whether living or deceased.

Q: If someone was of age during the lifetime of a particular marja‘ but did not follow him, may they now—after his death—choose him as their marja‘? Are they obliged to make up (qaḍā’) the prayers and fasts they missed?

A: Initial taqlīd of a deceased mujtahid is permissible. The mujtahid’s being alive is not a prerequisite. Therefore, one may begin or continue taqlīd of a deceased mujtahid unless he did not issue a fatwa on a matter or the superiority of a living mujtahid is evident—in which case following the living a‘lam becomes obligatory. Regarding missed religious obligations, they must be made up.

Q: If someone, due to deep emotional attachment to their former marja‘, does not seek the permission of a living mujtahid to continue following the deceased one, what is the ruling regarding their religious acts?

A: It is not necessary to refer to a living mujtahid to continue emulating a deceased one. The permissibility of such taqlīd is supported by reason (ʿaql), even if some living mujtahids dispute it. However, if the superiority of a living mujtahid is established, then following him becomes obligatory.

Q: Many people who have continued following a deceased marja‘ wish to adopt a living one for all matters, especially since they sometimes doubt whether they had followed the fatwa of the deceased in certain issues. Is it permissible for them to fully switch to a living marja‘?

A: A person is not obliged to follow a deceased marja‘ only in those matters in which they had previously acted upon his fatwa. They may also act upon his rulings in new issues. However, if a living mujtahid is clearly superior, then even in previously practised rulings, the individual must switch to the living a‘lam.

Criteria for Marja‘iyya (Religious Authority)

Q: What are the essential conditions a mujtahid must meet in order to be considered worthy of marja‘iyya?

A: A mujtahid must possess the following qualifications to be eligible for marja‘iyya:

1. Ijtihād (scholarly qualification for independent legal reasoning)
2. ʿAdālah (upright moral character and justice)
3. Being male
4. Being of legitimate birth
5. Being alive (for the purpose of initiating taqlīd)
6. Being a Twelver Imāmī Shīʿī
7. Being the most learned (aʿlam) among available mujtahids

Q: Is it permissible to follow a mujtahid who is not the most learned?

A: It is not permissible if the superiority (aʿlamiyyah) of another mujtahid is established. In such a case, one is obliged to follow the most learned. However, if determining who is the most learned is not possible, one may emulate any qualified mujtahid.

Q: Is it obligatory for the most learned mujtahid to accept the position of marja‘iyya?

A: If a mujtahid is indeed the most learned, it becomes obligatory upon others to follow him. However, it is not incumbent upon him to accept the official position of marja‘iyya or to publicise himself, though it is preferable in order to guide the community.

Q: If someone follows a non-aʿlam mujtahid, believing him to be the most learned, and later discovers that another is in fact more knowledgeable, is their previous emulation valid?

A: Yes, their past actions are valid. Upon learning the truth, however, they must switch to the most learned mujtahid going forward.

Q: If two mujtahids are equal in knowledge, is it permissible to refer to either one?

A: Yes, if they are deemed equal in ijtihād and other required conditions, the follower may choose to emulate either of them.

Q: In practical terms, how is the aʿlamiyyah (superiority in knowledge) of a mujtahid determined?

A: Aʿlamiyyah is determined through:

1. Clear personal knowledge,
2. Testimony of two just and reliable experts,
3. Widespread recognition among scholars and the learned (shuhrah).
   It is not valid to rely on the opinion of someone lacking expertise or religious commitment.

Q: If it is unclear who the aʿlam is, can one act upon precaution by selecting rulings that are common between two mujtahids?

A: Yes, one may adopt the rulings on which the two agree. In case of disagreement, one should adopt the opinion that is more cautious, or select based on reliable expert advice.

Q: Is it permissible to select rulings from different mujtahids in different areas of jurisprudence (i.e., tabʿīḍ in taqlīd)?

A: If a mujtahid’s superiority is not established and multiple are equal in qualification, it is permissible to follow different ones in different matters. However, this must not lead to what is known as “talfiq”—impermissibly combining rulings from different sources in a way that produces an outcome that no single mujtahid would deem valid.

Q: What is meant by talfiq?

A: Talfiq refers to combining parts of rulings from multiple mujtahids such that the final act would not be acceptable under the full opinion of any single one of them. This practice is not permissible when it leads to invalid actions (e.g., performing ablution using the rulings of two different marājiʿ in a contradictory manner).

Q: Is a person permitted to change their marja‘ on personal preference or convenience?

A: No, switching marja‘ without a valid religious reason—such as the discovery of a more learned authority—is not permissible. Taqlīd must be grounded in religious obligation, not preference or ease.

Q: Is it permissible for someone who acts on precaution to follow the rulings of one mujtahid in commercial transactions (muʿāmalāt) and another in acts of worship (ʿibādāt)?

A: Although precaution is not obligatory, it is permissible to act on precaution across various matters by consulting more than one qualified mujtahid—provided that no clear evidence of one being more learned (aʿlam) exists. However, if the aʿlam is established or even suspected, it becomes obligatory to follow him exclusively. Selectively combining rulings without a unified legal basis (talfiq) is not valid. Anyone acting on precaution must thoroughly review the relevant rulings from all qualified mujtahids, past and present, and adhere strictly to the most cautious opinion.

Q: If a person is uncertain regarding the aʿlam among several mujtahids, may they obtain the legal manuals (risālah) of each and act according to precaution?

A: Precaution is not required. If one cannot decisively determine who is most learned, it suffices to follow the rulings of any one mujtahid who meets the recognised conditions.

Q: A person currently follows a living mujtahid but is unsure whether this scholar is the most learned, just as they are uncertain about the status of others. May this person act on precaution in selected matters?

A: Yes, precaution is not obligatory in this scenario. It is sufficient to follow the rulings of any mujtahid who satisfies the necessary criteria for taqlīd.

Q: In the event of conflicting opinions among the experts (ahl al-khibrah) regarding who is most learned, is the follower obligated to act cautiously by referring to all potential aʿlam mujtahids?

A: No, this is not required. If the most learned cannot be clearly identified or even reasonably suspected, it is sufficient to act upon the ruling of any one qualified mujtahid.

Q: In matters requiring precaution, is it necessary to observe the principle of prioritising the most learned (al-aʿlam fa-al-aʿlam)?

A: No, observing the order of preference between scholars in such cases is not required.

Q: If a mujtahid considered to be the most learned has not issued a ruling on a matter and has instead recommended obligatory precaution (iḥtiyāṭ wājib), while a less learned mujtahid has provided a clear ruling, is it necessary for the follower to know of the iḥtiyāṭ and explicitly intend to follow the second scholar?

A: No, this is not required. As long as the action is in accordance with the fatwā of a mujtahid who fulfils all conditions for taqlīd and the person performs the act sincerely, the deed is valid—even if they later become aware of the original mujtahid’s recommendation for precaution. For example, if a person, following a less learned mujtahid, enters into the state of iḥrām from “New Mecca” and later discovers that their original marjaʿ required iḥrām from “Old Mecca” out of Q: Is it sufficient for someone to accept the principles of religion without conducting research or reasoning, or is it necessary for them to investigate and argue for their beliefs?

A: It is sufficient to have confidence in the correctness of the principles of religion, even if this confidence comes from imitation. It is not necessary to acquire absolute certainty through independent reasoning. What is required is to have firm belief in the principles, regardless of whether the source of this belief is based on evidence or following the knowledge of experts. Therefore, imitation in religious principles is not problematic.

Q: If a Muslim, through free philosophical thought and investigation into the available arguments, concludes that a religion other than Islam is correct, can they follow this new religion based on their reasoning, or will they become an apostate and be subject to execution? How, then, can one conduct free inquiry into religious principles?

A: Personal investigation into religion and internal belief in one of the sects is separate from publicly declaring, expressing, or propagating such beliefs. Personal research and commitment to knowledge, based on the requirement to follow reason, is permissible. What is forbidden is the public declaration or propagation of beliefs that oppose Islam. The laws concerning apostasy are detailed in the book “Qada’ and Mujazat” (Judgments and Punishments).

Q: What is the difference between “obligatory” and “necessary”?

A: The terms “obligatory” and “necessary” have the same practical meaning for the individual, but they differ in their source of inference. “Obligatory” is used for laws based on textual evidence (such as Quranic verses or Hadith), while “necessary” is applied to obligations derived from rational principles.

Q: What does it mean when it is said that a ruling depends on the subject matter?

A: This phrase means that the legal status of something is contingent on its nature. For example, wine is prohibited (impure) as long as it is wine, but once it turns into vinegar, it becomes pure and permissible. Similarly, other legal rulings are dependent on the subject matter, and when the subject changes, the corresponding ruling must be reassessed.

Q: What is the status of Mu’awiya II?

A: Although it is widely accepted in some sources that all of the Banu Umayya (the Umayyad dynasty) are rejected, there are narrations in well-known sources that suggest Mu’awiya II may have been a Shiite. This does not contradict the general rejection of the Umayyads as a political faction opposed to the Ahl al-Bayt (the family of the Prophet), as exceptions can be found where some among them might have been saved.

Q: If water from a hose comes into contact with the opening of a toilet and causes a secretion, is this secretion impure, considering that there may be feces or urine present?

A: If the secretion does not contain impurity, it is not considered impure. Water running through a pipe does not become impure upon contact with impurity unless it directly carries the impurity with it.

Q: If water exits from a place of defecation but does not smell of feces, what is the ruling? Does it invalidate ablution?

A: In this case, the water is not impure, and it does not invalidate the ablution.

Q: What is the status of the body of a deceased Muslim before the ritual washing? Does the contact of items with the moisture of the body cause impurity, either before or after the body cools down?

A: The body of a deceased Muslim is not considered impure, even if it has moisture. The discharge during the ritual washing is not impure either.

Q: What is the ruling if a part of the body of a non-Muslim is attached to a Muslim’s body, but the soul has not entered it? What is the ruling of touching it?

A: If the attached part of the non-Muslim’s body is considered a part of the body of the Muslim, then it is pure.

Q: Is the skin of a snake and items made from it considered impure?

A: The skin of a snake is not impure, although it cannot be used as part of the covering for a prayer garment.

Q: Considering that many modern cosmetic products used by Muslim women are made from the embryos of animals, what is the ruling on using these? Are embryos considered impure or simply contaminated?

A: Embryos are not impure. Therefore, as long as the embryo has not been contaminated with blood, or if there is uncertainty about whether it has been contaminated, it is pure.

Q: What is the ruling on purchasing and selling cosmetics by men?

A: Women should be independent and self-sufficient in matters concerning their specific roles in society, and jobs specific to women should be left to them. If there are no particular harms in such transactions, there is no issue with men selling cosmetics.

Q: If a live mouse enters food and exits alive, is the food considered pure?

A: Although the food becomes contaminated, it remains pure, as a live mouse is not inherently impure unless it becomes a corpse.

1. Is it permissible to attend a gathering where alcohol is present, except for someone who has the power to abolish it?

Answer: It is not permissible, except for someone who has the authority to eliminate it.

2. A person, before embracing Islam, used to sell alcoholic beverages and helped his parents with the income from this. Now that he has become Muslim, can he continue this business?

Answer: It is problematic.

3. Is it permissible for a Muslim to place alcohol on the dining table so that those who consider it permissible can consume it?

Answer: It is not permissible, except in cases of necessity and compulsion.

4. Some believe that if the heart is pure, that is sufficient, and they drink alcohol based on this belief. What is your view on this?

Answer: These individuals are ignorant of Islamic rulings and beliefs. The outer and inner are interconnected, and consuming alcoholic beverages, like engaging in usury, is in opposition to God. It leads the heart to impurity and makes one share in the sin with others.

5. Is there any difference in terms of purity between industrial alcohol and medicinal alcohol?

Answer: All alcohols with a high concentration, which are undrinkable due to their concentration, are pure, even if they do not contain toxic substances. There is no difference in this respect between medicinal and industrial alcohols. However, alcohols that have a concentration that makes them drinkable are impure, and consuming them is prohibited.

6. If pure white alcohol, which is intoxicating, is used in perfumes or cosmetics, and since it contains other chemicals, making it undrinkable, is it considered pure? Also, if small amounts of alcohol are added to syrups for medicinal purposes, are these products pure?

Answer: If the alcohol is not drinkable and cannot intoxicate, it is pure. However, if it is drinkable and intoxicating, it is impure, even if mixed with other substances. In cases of doubt, it is considered pure.

7. Is hashish similarly impure as wine?

Answer: Although consuming hashish, like other narcotics, is prohibited, it is not considered impure.

Beer

8. Is the malt drink produced in other countries, which after alcohol extraction becomes a non-alcoholic beverage, permissible to consume?

Answer: The alcoholic beverage derived from barley and causing intoxication is impure and prohibited. However, if the malt drink is non-intoxicating, it is pure and permissible to consume.

9. Does boiling barley in water produce an impure drink, or is it permissible to consume?

Answer: The barley and water mixture is permissible as long as it does not ferment and cause intoxication.

Water

10. If seawater, such as from the Oman Sea, contains a high level of salt, does it have the same ruling as impure water?

Answer: Such waters are not considered impure and can be used for purification, as the concept of impure water is understood through common usage.

11. If water from a pipe is initially white and contains a high level of chlorine but becomes clear after a short while, is this water considered impure?

Answer: The water is not impure.

12. If there are three small wells, and one contains dog saliva, another contains something impure, but the third well has pure water, and we do not know which is which, should we avoid using all the wells?

Answer: If the wells are normal and water flows from them, the water is not considered impure unless the color, taste, or smell changes, or if the source is not active and the water is supplied externally. In such cases, the water would be impure.

13. Is water obtained from sewage treatment plants pure?

Answer: The purity of water is determined by whether it is clear. If treated water is clear and meets this criterion, it is pure, regardless of its prior condition.

14. If impure or questionable water is filtered and becomes completely clear, does it become pure?

Answer: Such water is pure and does not need to be mixed with other water to be purified. It can be used for human consumption.

15. If a sewer’s impurity causes moisture in surrounding walls and floors, does this render everything impure?

Answer: Moisture alone does not transfer impurity and does not make the area impure.

16. Is water that initially has chlorine or other chemicals and appears white impure?

Answer: This water is not impure, and it is valid for performing ablution with it.

17. Can washing clothes in an automatic washing machine that drains and washes clothes multiple times purify impure clothes?

Answer: The clothes are purified, whether the water is constantly connected or disconnected during the washing process.

18. Is it permissible to wash impure clothing in water from a tap under a basin, even if it is not overflowing?

Answer: Water under the tap basin is considered equivalent to a large body of water, and it is permissible to wash impure clothing in it.

19. How much moisture is considered to transfer impurity when touching impure objects?

Answer: The moisture must be enough that when a dry hand touches it, noticeable moisture is transferred to the hand.

20. How can impure dough be purified?

Answer: It should be used for non-edible purposes.

21. Does walking on tiles purify the feet if they are impure?

Answer: Yes, it purifies.

22. Is certainty or knowledge necessary for determining impurity, and once this certainty is reached, must one avoid the impure substance?

Answer: Yes, certainty or knowledge is required, and once impurity is certain, it is necessary to avoid it.

23. Does moist contact with money or coins circulating among people cause impurity?

Answer: No, it is considered pure.

24. If a twelve-meter-long carpet is impure, but it is not known where the impurity is, should it be avoided, or can one pray on it?

Answer: This is a case of a “suspicious impurity,” but it is permissible to pray on it unless it has moist traces of impurity.

25. If the ground becomes impure and snow or rain causes the surrounding areas to be affected, does this render everything impure?

Answer: No, it does not render everything impure. The transfer of impurity depends on common understanding.

26. Does urine or bodily fluids cause impurity?

Answer: As long as there is a large body of flowing water present, it does not cause impurity unless the discharge happens when purification or water flow is absent.

27. If a part of the body lightly touches an object, causing a small piece of skin to detach, is it considered impure?

Answer: As long as no blood is observed, it is considered pure.

28. What should be done if household items are impure?

Answer: A person suffering from obsessive-compulsive disorder (OCD) should not give undue importance to imagined impurities. If a person is not suffering from OCD, they should avoid items they know to be impure.

29. Can obsessive-compulsive disorder (OCD) patients consider everything impure and regard them as pure?

Answer: Religious rulings are the same for everyone. OCD patients should not follow their imagined fears and must strive to live a normal life.

30. What should a person suffering from OCD, who is uncertain about their purity, do?

Answer: They should act like others and do not need to be certain about the purity of their state.

Ablution (Wudu)

31. If a person washes their face and hands three times during ablution, does this invalidate their ablution and prayer?

Answer: The ablution and prayers are invalid. However, if a person washes an area completely once and then continues to wash the same area, there is no issue.

32. Is it valid for someone to wash their right hand twice in ablution?

Answer: Washing twice is recommended, but if someone believes it is obligatory, their ablution is still valid.

Conditions of Wudu (Ablution)

Q: Does ink from pens, markers, paints, etc., prevent water from reaching the skin? What about hair dye?

A: Since there is no substance in these that prevents water from reaching the skin, there is no issue. Hair dye also does not invalidate the purity or wudu.

Q: If someone has frequent urination or cannot prevent wind from passing, to the extent that they cannot even reach a toilet, what are their obligations regarding wudu and prayer? Should they pay attention to droplets that may exit after a few minutes, which could be urine?

A: If a person is unable to maintain their wudu or keep their body and clothes clean, they may perform one wudu for each prayer and pray in that state. If they are uncertain whether the liquid is urine, they should not worry, but if they are certain that it is urine and renewing wudu causes significant hardship, one wudu for each prayer is sufficient.

Q: When washing the face during wudu, does the whiteness on the sides of the front of the head (near the temples) count as part of the face?

A: It is not part of the face and does not need to be washed during wudu.

Q: If a person has had one or both arms amputated, how should they perform wudu and tayammum (dry ablution)?

A: If a person has no arms, they may wash their face under a tap or similar and pray, but if they have one arm, they can use that arm to wash the face and then wash the remaining hand and perform the wiping of the head and feet. In both cases, tayammum or wiping the forehead on a suitable surface is not required.

Q: How should a woman perform wudu if she is in a situation where a non-mahram (someone not related by law) may see her?

A: If she is exposed to the view of a non-mahram, it is not permissible for her to perform wudu, but her wudu is not invalidated.

Q: What is the ruling on tearing a paper that has the name of God written on it, without intending disrespect or insult?

A: If there is no intention of disrespect or dishonouring and, for example, someone wants to remove the name of God, there is no issue.

Q: If someone performs wudu with the intention of purification and then the time for an obligatory prayer begins, is it necessary to renew the wudu for that prayer?

A: It is not necessary to renew the wudu, but there is no harm in doing so.

Q: Is it permissible to wipe over artificial hair?

A: If water cannot reach the scalp, then wiping over the artificial hair is permissible and tayammum is not required.

Q: Is it permissible to wipe the head from the bottom up? What about the feet?

A: Wiping the head should be from top to bottom; wiping from bottom to top is incorrect. Similarly, for the feet, it is necessary to wipe from at least one of the toes up to the knuckle of the foot.

Q: Is it sufficient to wet the hair during the wiping of the head, or must the moisture from the hand reach the scalp? And if a person uses artificial or reconstructed hair, how should they wipe it?

A: It is sufficient for the hair to be moistened, and reaching the scalp with water is not required. In the case of artificial hair, if it is implanted, the person must part their hair and ensure water reaches the scalp. If it is in the form of a wig and removing it is not possible or difficult, they may wipe over it, and the wudu remains valid. There is no need for tayammum.

Q: Is wiping over the head necessary for someone who has both arms amputated and cannot perform the act of wiping? How should they perform the wudu for their feet?

A: If a person has both arms amputated, they may wash their face under a tap or similar and pray. There is no need for a substitute to perform the wiping for the head and feet. In general, the only actions required in wudu are those that the person can do with the remaining body parts.

Q: What should a person do if they have an injury or permanent condition that requires them to wear medical shoes (boots), and it is very difficult to remove them, especially outside the house?

A: If someone is unable to remove their shoes or socks due to an illness or condition, wiping over the shoes or socks is permissible, and they do not need to perform tayammum.

Q: If someone has broken their leg, and it has been cast or bandaged, what should they do for the wiping of their feet?

A: They should wipe over the cast, and there is no need for tayammum.

Q: If someone has had a leg amputated, how should they perform the wiping?

A: If the leg is amputated above the ankle, wiping is not required, and there is no need to wipe over the leg. If the amputation is below the ankle, the remaining part of the leg should be wiped.

Q: If someone performs wudu and prayer but later realises that part of their body (other than the parts required for wudu) was impure, what is the ruling on their wudu and the prayers they performed?

A: The wudu and prayers that were performed before the impurity was discovered are valid if the time for those prayers has passed. However, if the time is still remaining, the wudu is valid, but the person must purify their body and perform the prayer again, unless the impurity is very minor (e.g., a small amount of blood less than the size of a palm or blood from a wound), in which case the prayer does not need to be repeated.

Q: What should someone who suffers from a chronic urinary condition do for prayer?

A: Someone who suffers from constant dripping of urine or cannot control the passing of wind or has similar issues should perform wudu at the beginning of the prayer time, perform the obligatory actions of the prayer, and forgo any non-obligatory actions like reciting supplications. If there is no time for wudu and prayer, they may pray in their state without renewing wudu.

Q: Is it permissible to touch “Bismillah” (In the name of Allah) without wudu?

A: Touching “Bismillah,” which is part of God’s names, without wudu is not permissible.

Q: When is the prayer of Ayat (the prayer of signs) required for a menstruating woman to make up?

A: Only the daily prayers are not required to be made up for a menstruating woman. However, other prayers that are obligatory for others, such as the prayer of Ayat, which cannot be performed during menstruation, must be made up once she is in a state of purity. Therefore, the make-up of the prayer of Ayat, which cannot be performed during menstruation, is obligatory for the woman when she is in a state of purity.

Q: What is the ruling for a woman who experiences spotting for several consecutive months? It should be noted that doctors suspect this bleeding is due to internal wounds.

A: If it is proven that the blood is related to a wound or abscess, there is no need for a ritual bath (ghusl), and she must perform wudu as usual and offer her prayers. If the bleeding is due to uterine issues, it is considered istihada (irregular bleeding). If it is minimal and consists only of slight spotting, there is no need for ghusl. She must purify the external area if it is contaminated with blood, perform wudu for each prayer, and pray.

In a case of minor istihada, the blood does not soak into the sanitary pad, nor does it become visible; it only contaminates the surface.

Moderate istihada occurs when the blood soaks into the pad, although it may be limited to one part of it, but does not become fluid within the pad.

In excessive istihada, the blood flows through the sanitary pad.

For a woman in any type of istihada, it is obligatory to wash the external genital area if it becomes contaminated with blood and change the pad if it becomes impure.

In moderate istihada, she must perform ghusl before each prayer. If she performs ghusl before the Fajr prayer, she must perform the required actions for minor istihada before the next prayer. In the case of excessive istihada, in addition to the actions of moderate istihada, she must change her pad or cotton if it becomes stained with blood. She must perform one ghusl for Fajr, one for Dhuhr and Asr, and one for Maghrib and Isha. A wudu must be performed for each prayer, and if there is an unusually long gap between Dhuhr and Asr, or between Maghrib and Isha, a new wudu must be performed for the next prayer.

Q: If a pregnant woman experiences prolonged and heavy bleeding due to uterine prolapse, and this bleeding continues without stopping and originates from the placenta, what should be her course of action?

A: In the absence of menstrual bleeding, she is considered to be in a state of istihada, even if the bleeding continues for several months. If performing ghusl is harmful or too difficult for her, she may perform tayammum (dry ablution) instead of ghusl for istihada.

Q: If during menstruation, a woman experiences light bleeding or spotting, can this be considered istihada?

A: Light or spotted blood during menstruation, if observed for at least three consecutive days, is considered part of the menstruation period, which can last up to ten days. If the bleeding exceeds ten days, the days beyond this period are considered istihada, as they are no longer part of her regular menstrual cycle.

Q: Is it permissible for a woman in a state of istihada to engage in sexual relations?

A: A woman in a state of istihada may engage in sexual relations with her husband, even if she has not performed the necessary ghusl due to the istihada.

Q: If a woman’s womb has been removed and she experiences bleeding, should this bleeding be considered as menstruation, istihada, or postpartum bleeding?

A: A woman who has had her womb removed and experiences bleeding is not required to follow the rules of menstruation, postpartum bleeding, or istihada. The bleeding should be treated as bleeding from a wound.

Q: If there is doubt about whether the blood is from postpartum bleeding or a wound, what should be done?

A: If it is uncertain whether the blood is from a wound or postpartum bleeding, the person should continue their acts of worship as if they are pure, unless the blood is observed around the time of childbirth, in which case it is considered postpartum bleeding.

Q: If a child who is near the age of accountability (baligh) cleans themselves after relieving themselves, are they considered ritually pure and allowed to pray?

A: If the child performs the purification properly, ensuring they are careful and attentive, they are considered ritually pure and may pray.

Q: How is the time for prayer determined?

A: In the current era, professionals and specialised centres can determine the precise direction of the horizon. One does not need to apply intellectual reasoning nor delay prayers for precaution. The key criterion is the horizon line of the region, not the natural or climatic conditions of the area or the calculation of time based on the capital city throughout the year, as the horizon for regions may vary in summer and winter. Any method that provides certainty and knowledge of the time is sufficient, and one does not need to engage in detailed analysis of the time.

Q: In regions where the sun does not set for extended periods or where the night is very short, what should be the ruling for prayers and fasting during these days?

A: The timing for such regions is determined by the horizon of the nearest moderate region.

Q: Is it better to combine the Dhuhr and Asr prayers or the Maghrib and Isha prayers, or should they be performed separately as in the Sunni tradition?

A: There is no issue with combining the prayers. In fact, combining them for the sake of expedience in fulfilling obligations is preferred and better. This is mentioned in some hadiths. However, performing the daily prayers at their designated times is still recommended and holds priority.

Q: Can the Dhuhr and Asr prayers be combined after sunset, or does the time for Asr expire when the time for Maghrib begins?

A: If the Dhuhr and Asr prayers are performed after sunset but before the actual time of Maghrib, and there is enough time to perform both, the intention should be to offer them as an act of performance. The Maghrib prayer cannot be performed before sunset, but the fast can be broken at the time of Maghrib, not merely when the sun begins to set.

Q: Can a recommended prayer, such as the prayer of fear (Salat al-Wahshat), be offered as a substitute for a regular optional prayer?

A: Non-daily voluntary prayers, such as the prayer of fear, cannot replace a regular optional prayer, even though the prayer itself is voluntary.

Q: Is it necessary to perform two units of prayer for each rak’ah when offering the night prayer while sitting, as a precaution, or is this just a recommended practice?

A: The night prayer is a recommended act of worship, and whether performed sitting or standing, there is no significant difference in the reward. Performing two rak’ahs while sitting is considered equivalent to standing.

Q: Does the face and the palms of the hands up to the wrists require coverage during prayer, pilgrimage (Hajj), or outside of these contexts?

A: No, there is no necessity to cover the face and the palms of the hands up to the wrists during prayer, Hajj, or in any other circumstance.

Q: Is there an issue with using leather garments imported from non-Islamic countries without considering their purity or impurity in prayer?

A: These items are considered pure unless it is known that they are impure. It is permissible to perform prayer wearing them, unless one is certain that the leather is produced in non-Islamic countries and the seller is negligent in following Islamic regulations. In such a case, one should refrain from using the leather garment in prayer. However, if the origin of the leather is unknown or if it is known to be from an Islamic country or another country without impurity concerns, there is no issue in performing prayer with it.

Q: Is it necessary to have a partition between men and women during prayer and sermon delivery?

A: It is not necessary to have a partition during a sermon as long as Islamic guidelines are followed. Since the presence of a partition may create an implication of obligation in religious practice, it is better to avoid it. However, during prayer, there is no requirement for a partition even if men and women stand next to each other. A partition is not obligatory, though it is considered more suitable and better for the comfort of women.

Q: What is the ruling on praying in a place whose ownership is unknown?

A: If there is no way to ascertain the ownership of the place, and the religious leadership has not sanctioned its use, one may pray there. It is advised to give a charitable donation to the poor in exchange. However, if the religious leadership has approved the use of the space, no donation is required.

Q: Can one pray in the field of another person or use its water for ablution?

A: Minor activities such as praying, sitting, or resting on uncultivated agricultural land without walls or crops planted in it, provided no corruption or damage occurs, are permissible. This applies whether the land is near or far from a city or village, and regardless of whether the landowner is a minor or an adult. However, if the landowner clearly expresses objection to such actions or it is known that they are not willing, using the land becomes impermissible, and the prayer would be invalid.

Q: Is there an issue with using a wheelchair or cane used by the disabled or veterans if they are impure?

A: As long as these items do not have moisture or wetness that could transfer impurity, there is no issue in using them during prayer.

Q: If a bus driver refuses to stop for prayer, especially in the morning, and does not accept reminders, what should be done?

A: If the driver insists on not stopping, prayer should be performed in the bus as best as one can, and the relevant authorities should be notified to take necessary action.

Q: Is it an innovation to say “Ashhadu Anna Aliyyan Waliyyu Allah” during the adhan (call to prayer)?

A: If this testimony is said with the intent of making it part of the adhan, it is considered an innovation. However, if it is not intended to be part of the adhan, there is no issue, and it is regarded as a commendable action, as discussed in the book “What do the Traditionalists and Usulis Say?”

Q: Is it permissible to raise the volume of the adhan, particularly the Fajr adhan, in public spaces such as neighborhoods and student areas if the neighbors or students complain that the adhan disturbs them?

A: Raising the volume of the adhan, which is a symbol of Islam and indicates the time for the most important religious act, prayer, is not forbidden. Neighbors cannot stop the muezzin from calling the adhan. However, using a loudspeaker is permissible if the volume is moderate and does not cause disturbance to the neighbors or the public.

Q: Is it permissible to add the phrase “Ashhadu Anna Fatimah al-Zahra Asmat Allah al-Kubra” to the adhan?

A: If this phrase is not intended to be part of the adhan, reciting it is permissible without any objection.

Q: Is it recommended to raise the hands to the level of the ears when reciting the Takbir al-Ihram and other Takbirs in prayer?

A: This is a praiseworthy action. It is better to begin the Takbir with the hands raised upwards, and when the hands reach ear level or the face, the Takbir should be concluded. Other forms of movement in this regard are also permissible.

Q: If a person performing prayer standing up becomes dizzy or unable to stand, can they perform the prayer sitting or lying down, or must they abandon it?

A: If the person is unable to continue the prayer standing, they should sit in a way that is possible for them. However, if they know that they will regain their ability to stand before the prayer time ends, they should wait and then pray standing. If they cannot sit or stand, they should lie down but should not recite anything from the prayer unless it is done purely for devotion and not with the intention of the specific prayer recitations.

Q: Is it recommended to recite aloud the surah and al-Fatiha in the Friday prayer?

A: It is recommended to recite aloud the surah and al-Fatiha during the Friday prayer.

Q: What is the ruling if one intentionally or unintentionally recites al-Fatiha or a surah too quietly in the morning, Maghrib, or Isha prayers?

A: If one intentionally recites aloud where it is required to be quiet, or recites quietly where it should be loud, the prayer is invalid. However, if it is done out of forgetfulness or lack of knowledge, and even if they have been negligent in learning the matter, their prayer is valid.

Q: Can one perform the prayer using one of the various recitations of the Quran?

A: If the recitation is widely accepted among Muslims, it is permissible. However, the recitation of Asim, which corresponds to the Hafs narration and is the common reading in current Qurans, is preferable.

Q: Is it necessary to take utmost care to recite correctly in Arabic and with Tajwid (rules of Quranic pronunciation) during prayer?

A: It is important that the recitation is correct so that the usual meaning is understood and not altered. While it is not necessary to follow strict Tajwid rules or the Arabic accent for the recitation to be valid, it should be done in a way that does not change the meaning.

Q: What is the ruling on those who make many mistakes in their prayer recitations and are unable to correct them or learn the proper way to pray?

A: If they cannot learn the correct recitation, they should pray as best as they can.

Q: Is reciting “Maliki Yawm al-Din” in prayer correct?

A: The recitation of “Maliki Yawm al-Din” is correct. One should avoid focusing excessively on dialectical variations or Tajwid intricacies that may lead to altering the meaning. The correct recitation for prayer is “Maliki Yawm al-Din.”

Q: Is there a problem if the word “Yawm” in the phrase “Maliki Yawm al-Din” is pronounced incorrectly with a diacritical mark on the letter ‘ya’?

A: There is no issue with this and it does not invalidate the prayer.

Q: If a person forgets the testimony (tashahhud) during prayer, must they make it up and then say the final salam?

A: If the person forgets the testimony, they should perform it when they remember, but their prayer remains valid. After that, they can continue with the rest of the prayer.

The ruling on Friday Prayer during the Occultation of the Imam

During the occultation of the infallible Imam (peace be upon him), the Friday prayer is still regarded as a recommended (mustahabb) act rather than an obligatory one. According to the fatwas of Shiite scholars, in the absence of the infallible Imam, the Friday prayer can still be held, provided it is conducted by someone who is capable of leading it. However, its performance is not considered obligatory under these circumstances. This means that while the Friday prayer retains its status as a recommended practice, its obligatory nature is suspended, and it is not considered a strict duty to observe.

The Ruling on Friday Prayer during the Occultation of the Imam

• Q: During the occultation of the infallible Imam, if the conditions are met, is the Friday prayer obligatory or recommended?
  • A: During the occultation of the infallible Imam, the Friday prayer is considered an obligatory choice (wajib takhayyuri). If it is held correctly under the stipulated conditions, participation in it is recommended. On Fridays, this prayer can be performed in congregation by at least five adult males instead of the midday prayer. It is not necessary to perform the midday prayer after the Friday prayer if the latter is observed.
• Q: In some areas, the Friday sermon is read before the call to prayer. In this case, is the Friday prayer still obligatory, and must one perform the midday prayer if they attend the Friday prayer?
  • A: The Friday prayer is sufficient for the midday prayer and there is no need to perform the midday prayer, even if the sermon is delivered before the call to prayer.
• Q: What is the time frame for the Friday prayer?
  • A: The time for the Friday prayer is the duration typically required for delivering the sermon and performing the prayer. It generally lasts around an hour and a quarter from the time of the usual midday zenith. After this period, the time for the Friday prayer expires, and the midday prayer must be observed.
• Q: What distance is required between two Friday prayers, and should it be calculated based on the common travel route or the straight-line distance? What is the reasoning behind this? If the required distance is not met, are both prayers invalid?
  • A: The distance is measured according to the land route, as implied by the generalities in the narrations. It refers to the route typically used by people, not alternative routes. If the lawful distance between two Friday prayers is not maintained, the prayer with the earlier sermon remains valid, while the later one is invalid.
• Q: Is it valid to follow the Imam of the Friday prayer in the afternoon prayer?
  • A: There is no issue with this.
• Q: Can the Eid prayer be performed in congregation at two different locations?
  • A: This is not permissible.
• Q: A person has many missed prayers and is unable to perform all of them. What is their duty?
  • A: They must gradually make up the missed prayers according to their ability and seek forgiveness from God.
• Q: Does a person who misses prayers due to coma or unconsciousness need to make them up?
  • A: Prayers missed during coma, unconsciousness, or fainting are not obligatory to make up, as they do not fall under the same ruling as missed prayers due to sleep, neglect, or forgetfulness.
• Q: If a parent has many missed prayers and fasts, or if they intentionally neglected them, what is the child’s duty?
  • A: The elder son is required to make up for the missed prayers of the father, whether they were due to neglect or a valid excuse. The son is not responsible for the mother’s missed prayers, though it is recommended to do so. If a father deliberately neglects prayers, the elder son must make them up on his behalf, provided the neglect was due to a valid excuse.
• Q: Can multiple people fast for the same deceased person on the same day? Similarly, can an Imam and follower pray for the same person’s intention?
  • A: There is no issue with this. The order of making up missed prayers does not need to be strictly followed, even if the missed prayers are for the same day.

The Prayer for Eclipses (Salat al-Ayat)

• Q: If an earthquake is not perceptible by common senses but is detected by a seismograph, is the Salat al-Ayat obligatory?
  • A: If the earthquake is not perceptible by common senses and is only detected by a seismograph or aftershocks occur during the Salat al-Ayat, the prayer is not obligatory. However, if it is perceptible by common senses and the person did not feel it, the Salat al-Ayat must be performed at the earliest opportunity, without delay or neglect.
• Q: If an eclipse occurs on a planet other than the Sun or Moon, is the Salat al-Ayat obligatory?
  • A: The Salat al-Ayat is only obligatory for the eclipse of the Sun and the Moon, not for other celestial bodies. The prayer must be performed during the eclipse, and if delayed, it is considered missed.
• Q: Is it permissible to demolish a mosque that is deteriorating and no longer in use?
  • A: If the mosque no longer serves any purpose and is in a state of ruin, it may be demolished, and the materials may be transferred to a mosque that can make use of them.
• Q: What is the ruling on mosques located in streets or abandoned villages that are no longer usable for prayer and have become centers for animals or waste?
  • A: If a mosque located along a street is no longer used and has no potential for restoration, it loses its status as a mosque. In such a case, the person who made the decision to demolish it does not need to make up for it financially by building another mosque. However, the demolition of a mosque is not permissible unless there is an urgent social necessity. For mosques in abandoned villages, they must be preserved to prevent disrespect or desecration, and if necessary, they can be repurposed with permission from a qualified religious authority.
• Q: Is it necessary to prevent non-Muslims from entering mosques?
  • A: Non-Muslims should generally be prevented from entering mosques unless there is a specific need for them to enter, such as for the purpose of research or understanding Islam. In such cases, their presence should be limited to the necessity.
• Q: Is it permissible for non-Muslims to enter a mosque to learn about Islam?
  • A: If their purpose is serious research on Islam, their entry is allowed to the extent required for the investigation, and it should not lead to any disrespect.
• Q: Why can mosque activities not be conducted in a Hussainiya, or vice versa, and why is this distinction necessary despite potential cost savings in building multiple structures?
  • A: Mosques are specifically designated places of worship with restrictions for certain genders, while a Hussainiya allows more freedom. Moreover, the reward for prayer in a mosque is considered more significant than in a Hussainiya, and thus separate buildings serve distinct purposes. However, if needed, the construction of multiple such facilities is not considered wasteful.

Miscellaneous Mosque-Related Rulings

• Q: Is it permissible to transform a mosque into a sports club?
  • A: It is not permissible to convert a mosque into a sports club. Even if no formal endowment was made, a mosque remains a mosque, and it should not be repurposed in such a way.
• Q: Is it permissible to shout religious slogans loudly in a mosque?
  • A: Shouting religious slogans is permissible as long as it does not cause disrespect to the mosque, disturb the worshippers, or undermine the sanctity of the space.
• Q: Is it permissible to decorate mosques and Hussainiyas?
  • A: Decorations are allowed if they are appropriate, do not lead to extravagance, and do not interfere with the primary religious function of the mosque or Hussainiya.
• Q: Should mosques be opened during prayer times, or is it necessary for them to remain open at all times?
  • A: Mosques should be designed to remain open at all times to accommodate the worshippers, with the goal of maintaining a space for prayer at all times.
• Question: What is the ruling on taking medicine through a stomach tube (a tube inserted via the mouth or nose into the patient’s stomach)?
• Answer: If necessary, there is no obligation to observe the fast, and the fast should be made up later.
• Question: A person suffers from severe shortness of breath and uses a spray, administering liquid medicine through a nozzle, which is dispersed as a gas to the lungs via the mouth. Can such a person fast, considering that without the use of this device, fasting would be unbearably difficult?
• Answer: There is no obstacle to fasting in this case, and the fast is valid.
• Question: Does the injection of blood or nutritional and supplementary serum invalidate the fast?
• Answer: If it is necessary to inject blood or a nutritional and supplementary serum (not a non-nutritional serum), the fast becomes invalid, and the fast for that day should be made up.
• Question: Does the swallowing of mucus from the chest or throat invalidate the fast?
• Answer: If the mucus does not reach the mouth or is swallowed involuntarily, it does not invalidate the fast.
• Question: What is the ruling on the fast of people like firefighters who work with thick smoke and dust, or individuals who are caught in a fire, dust storms, or those who need to dive into the sea or swim in a pool?
• Answer: If it is not possible to avoid thick smoke or dust, their fast is valid, and they do not need to make up the fast. Similarly, for divers and swimmers whose occupation requires submerging their entire head underwater, their fast is valid.
• Question: What is the ruling on smoking, using hookah, or smoking pipes while fasting?
• Answer: Smoking and using hookah invalidate the fast.
• Question: What is the ruling for a person who is performing an enema during fasting, and the liquid does not reach their stomach but only enters the rectum?
• Answer: If someone is performing an enema or administering a laxative during fasting out of necessity for treatment, and they are unable to do it after breaking the fast, their fast is invalid, and they must make up the fast. However, using suppositories for treatment or evacuation is permissible, and there is no issue with the use of a suppository that does not have a liquid form, but one should avoid suppositories that provide nourishment.
• Question: If a person is unconscious from sleep and the alarm clock rings, causing them to immediately turn it off and go back to sleep, does this count as them waking up?
• Answer: This is not sufficient. The person must wake up and fast on that day.
• Question: If a woman is at the end of her menstrual cycle, feels weak and tired, and sleeps without performing the ritual bath, but wakes up after dawn and is pure, what should she do?
• Answer: She must fast on that day, and her fast is valid. She is not required to pay any expiation.
• Question: Can students during Ramadan who are preparing for exams or workers engaged in physically demanding labor or those who are exposed to extreme heat fast, or can they be exempted due to fatigue and thirst? What about women who cannot fast due to pregnancy and breastfeeding?
• Answer: Students and workers who are physically weak must fast and perform their duties. Similarly, women who are experiencing weakness and those who cannot fast due to medical conditions or addiction have valid excuses and are not obligated to fast. In place of fasting, they must pay a kaffarah (expiation) which consists of feeding the poor with one measure of food (equivalent to 750 grams of wheat) for each missed day. If they are financially unable, saying an apology on behalf of their missed fast suffices. They can make up the fast after Ramadan when they are able.
• Question: If a person forgets they have missed a fast and remembers just a few days before the next Ramadan, but is unable to make it up in time, what should they do?
• Answer: They should make up the missed fasts after Ramadan and for each missed day, they should pay a kaffarah by feeding the poor with one measure of food (equivalent to 750 grams of wheat).
• Question: Can a kaffarah be spent on public needs or other causes aside from feeding the poor if authorized by an upright jurist or their representative?
• Answer: The kaffarah can only be spent on feeding the poor, ensuring their dignity is preserved.
• Question: If a person has missed several days of fasting due to forgetfulness or ignorance, how should they make up for them?
• Answer: The person should make up the fasts for the days they are sure they missed, and if the omission was due to ignorance, they are not required to pay any kaffarah.
• Question: If someone who has deliberately missed multiple fasts is uncertain of the exact number, what should they do?
• Answer: They should make up the fasts for the days they are certain they missed and pay the kaffarah for each day missed.
• Question: If someone misses a fast due to negligence, what is their duty?
• Answer: They must make up the missed fasts and pay the kaffarah for each missed day, and if they are unable to do so, they should do what they can.
• Question: If a pilot is frequently travelling across time zones and has a constantly shifting schedule, how should they observe the fast?
• Answer: The pilot should observe the fast according to the local time of the place they are in. If the dawn has not yet arrived in the direction they are travelling, they can eat the pre-dawn meal, and when it is time for sunset wherever they are, they can break their fast.
• Question: What should an athlete do if fasting interferes with their training or competitions?
• Answer: If fasting significantly affects their performance, they are allowed to break their fast and make it up at a later time. If the competition is international, and fasting would lead to weakness, they can be exempted from fasting during the event and make it up later.
• Question: Can a kaffarah be paid to someone whose maintenance is the responsibility of the person who is paying the kaffarah?
• Answer: It is not permissible to pay the kaffarah to someone whose maintenance is obligatory on you.
• Question: What is the duty of a woman who has not fasted during her first year of religious obligation?
• Answer: If the woman was unaware of the rules regarding fasting, no kaffarah is required. However, she must make up the missed fasts.

Question 1: A person who is uneducated, whose prayer is not perfect, and who has not learned it properly, is now going to perform Hajj on behalf of their deceased father. Is their Hajj valid?

Answer: If they can complete their prayer before the time for Tawaf prayer, there is no problem. However, if they are unable to do so, their representation (niyābah) is not valid.

Question 2: A person who is not capable of performing Hajj themselves, but whose father had registered for Hajj before his death, and the son has now taken the payment receipt in his name and intends to perform Hajj on behalf of the father, who is responsible for the costs of subsequent activities, such as acquiring foreign currency? Can this be deducted from the third of the father’s estate?

Answer: If the father registered for Hajj during his first opportunity and passed away before going, the niyābah is not obligatory. The Hajj can only be performed on his behalf if the heirs consent and there are no minors among them. However, if the father was capable before death but neglected to register and go to Hajj, a Hajj of appointment (Miqat Hajj) must be performed for him unless he had made a will for a local Hajj. If the bank receipt can be legally sold and part of the proceeds used to hire someone, it should be done.

Question 3: A father has several children and has transferred all his wealth to two of his children in the form of a settlement, with the condition that after his death, someone must be sent to perform Hajj on his behalf within four years. The child followed this condition and sent someone in the fourth year, but when the representative reached another city, they sent someone else to perform the Miqat Hajj, and the Miqat Hajj was completed. The other children of the deceased were unaware of this, and the Miqat Hajj is not recognized in that region, and they renounced the representation for local Hajj. The question is as follows:

1. Does the representative have the right to appoint another representative?
2. Is the performed Hajj valid, and does it absolve the deceased of the responsibility?
3. Can an amicable settlement be made in this case?
4. Was the condition of the deceased fulfilled, or do the other children claim that it was not, and as a result, the estate should be divided among the heirs?

Answer:

1. The representative does not have the right to appoint another representative.
2. The performed Hajj is valid, and it absolves the deceased from the obligation.
3. The settlement remains valid.
4. The son, unless there was an amicable settlement, can recover all the funds for the Hajj from the first representative and should ideally divide it among the heirs.

Question 4: A man has made a will for Hajj. Can his daughter or wife perform Hajj on his behalf?

Answer: If a specific individual was not mentioned in the will, the daughter or wife can perform Hajj on his behalf.

Question 5: I am an elderly woman who is unable to perform the Hajj rituals due to old age, even though I am capable of doing so. Can I send someone to perform Hajj on my behalf while I am still alive, given that I have no hope of improvement in the future?

Answer: You must appoint a representative (niyābah).

Question 6: I am a woman who has performed Hajj on behalf of another person. Is it permissible for me to make a vow of Ihram before reaching the Miqat?

Answer: There is no problem with that.

Question 7: A woman is unable to perform the Rami (stoning) of the Jamarat on the 10th, 11th, and 12th days of Hajj, but she can perform it at night or on the 13th day. Can she act as a representative (niyābah) for someone else? If so, are all the aforementioned scenarios treated the same or differently?

Answer: The representation is valid, and it should be performed at night.

Question 8: Can a woman act as a representative (niyābah) for someone else during the Tawaf prayer?

Answer: There is no problem with that.

Question 9: If someone’s prayer is incomplete, can they appoint another person to perform the Tawaf prayer, either for themselves or on behalf of someone else, during Hajj?

Answer: For their own Hajj, they must perform the prayer to the best of their ability, striving to make the recitation correct. If they have an excuse, they can appoint a representative, but the representative must also have a correct recitation.

Question 10: If someone accepts the representation for someone else’s Hajj before becoming a caravan servant and then becomes a servant of the caravan, should they perform Hajj for themselves or as a representative? Additionally, what is the ruling for someone who is not capable of performing Hajj but goes to assist someone else in Hajj?

Answer: If someone has already agreed to represent someone else before becoming a servant of the caravan, they must perform the Hajj only as a representative. However, if they have not been hired and go only as an assistant, their Hajj is considered obligatory and valid.

Question 11: If someone has not yet performed Hajj (is a “Sarrurah”) can they act as a representative for someone else? Is there a difference between a man representing a woman and vice versa?

Answer: A Sarrurah, whether a man or a woman, can act as a representative for someone else. However, it is disliked for a woman to represent a man, especially if the person she represents is a man.

This collection of questions and answers pertains to the jurisprudential issues related to Hajj rituals and their associated rulings. It addresses various topics such as Tawaf (circumambulation), Sa’i (walking between Safa and Marwah), sacrifice, stoning of the Jamarat, and the conditions of individuals who may be affected by illness or physical disabilities. Below are some key principles outlined in the responses:

1. Tawaf and Circumcision:
   If a person has undergone an incomplete circumcision, with a small portion of the glans (head of the penis) exposed, and this becomes fully visible during an erection, their Tawaf is valid. However, if the circumcision is not fully performed, they must repeat the Tawaf and its corresponding prayer after undergoing a complete circumcision.
2. Tawaf al-Nisa (The Tawaf of Women):
   If either a wife or a husband neglects to perform the Tawaf al-Nisa, they remain non-mahram to each other until the Tawaf and its corresponding prayer are performed. If they are unable to do so themselves, they must appoint a proxy to perform the Tawaf and prayer on their behalf.
3. Question: What is the ruling on the pilgrimage of heirs who go on Hajj without distributing the inheritance share to other heirs (i.e., by taking the entire inheritance), and what is the ruling on maintaining family ties with them?
4. Answer: If the inheritance share of some heirs is not paid and remains jointly owned with the rest of the estate, it is forbidden to possess it. If they perform Hajj with this money, purchasing the Ihram and sacrifice with it, their Hajj is problematic. The inheritance that has not been paid is considered as usurped property, and until the share is paid to the other heirs, their actions are unlawful. If maintaining family ties with these individuals causes them to be emboldened in their wrongdoings, this is not permissible. However, if abstaining from maintaining family ties leads to the prevention of an immoral act, it becomes obligatory. If there is no effect on preventing immoral actions, it is advised not to abandon family ties.
5. Question: During Hajj season, people follow the congregational prayer of Sunni Imams. Is it necessary to repeat the prayer if the time for it extends? And can one pray individually or in congregation after the Maghrib call of the Sunni prayer?
6. Answer: Their prayer is valid whether it is performed within its prescribed time or later. There is no need to repeat it. As for the time for Maghrib prayer, following the time of the Sunni prayer does not present any problem.
7. Question: Is it permissible for travelers in the old and new areas of Mecca and Medina, such as the Prophet’s Mosque and the Grand Mosque, to choose between performing full or shortened prayers, or must they perform shortened prayers?
8. Answer: Travelers in Mecca and Medina have the option to perform either full or shortened prayers in the Grand Mosque, the Prophet’s Mosque, or any other location in Mecca and Medina. Performing full prayers is preferred. There is no difference between old and new Mecca or Medina.
9. Question: For pilgrims who intend to stay in Mecca, can they perform their prayers fully in places like Arafat, Muzdalifah, and Mina?
10. Answer: In the current situation, where the distance between Mecca and Arafat does not meet the required legal distance, their prayers are considered complete.
11. Question: If someone has not been paying Khums throughout their life and has not paid it before performing the Hajj and the obligatory Umrah, what is the ruling on their Hajj?
12. Answer: If the money for the sacrifice and Ihram was not from Khums, their Hajj is problematic, but if it was from the permissible source, the Hajj is valid. Regardless, they have sinned by not paying their Khums.
13. Question: A person who was not financially able to perform Hajj was forced by others to make a bequest to pay 5,000 Afghanis for the fixed-time Hajj before his death. Is the bequest valid, and if it is, what is his duty since the amount is not enough for the Hajj?
14. Answer: If the bequest was made under coercion, it is invalid. However, if the person agreed to make the bequest after persistent persuasion and the amount is insufficient for the fixed-time Hajj, the money should be used for charitable purposes.
15. Question: Is it permissible to buy and sell Hajj tickets?
16. Answer: It is permissible if the person is not financially capable of performing Hajj or has already performed the obligatory Hajj, provided that such transactions do not violate Islamic government regulations.
17. Question: A friend gave me two stones from the mountain of Hira during the Hajj, and I have placed them in a proper place, kissing and venerating them every few days. Does this act constitute disbelief or shirk?
18. Answer: This act is not forbidden, but doing it repeatedly may lead to misconceptions or innovation in religion, which should be avoided.
19. Question: Some years ago, my husband registered me for Hajj, but now that it is my turn, my husband has passed away. I do not know whether he paid Khums on the registration fee. What is my duty?
20. Answer: You have no obligation in this matter.
21. Question: A woman did not perform her Umrah rituals due to personal habits, and on the morning of the 9th, she became pure in Arafat but could not reach Mecca to complete her rituals due to crowding or lack of an escort. What is her duty?
22. Answer: Her Hajj has become a “Hajj ifrad” and she should continue it. After completing the Hajj, she must perform a separate Umrah.
23. Question: A woman whose obligation is Hajj ifrad, how long can she delay performing the Umrah after Hajj without a valid excuse?
24. Answer: She must perform the Umrah immediately after completing the Hajj, and if she must delay, she should do so before the end of Dhul-Hijjah.
25. Question: What is the duty of a woman who becomes menstruated during or before her Ihram for Umrah?
26. Answer: Her Ihram is valid in any case. She must wait until she becomes pure and then perform the Tawaf and its prayer before completing the remaining rituals of Umrah.
27. Question: Can a pilgrim pay the expiation for Umrah and Hajj after returning home and in their city?
28. Answer: It is permissible, but the entire expiation must be given to the needy.
29. Question: What is the duty of pilgrims when a Sunni judge announces the sighting of the new moon, especially when, according to Shia, the sighting is either doubtful or contradicts the Shia evidence?
30. Answer: They should coordinate with other Muslims, and their Hajj remains valid.
31. Question: What is required for achieving I’tikaf (spiritual retreat) in the mosque?
32. Answer: For I’tikaf to be valid, it is necessary to remain in the mosque for at least three continuous days. The day is defined from dawn to sunset.
33. Question: Can one set a condition when intending I’tikaf that they may leave the retreat whenever they wish?
34. Answer: It is permissible to set a condition in the intention of I’tikaf that one may leave if a legal or customary excuse arises. In this case, I’tikaf may be broken at any time, even on the third day, and no expiation is required.
35. Question: What is meant by the “Jami’ mosque” where I’tikaf should be held?
36. Answer: A “Jami’ mosque” is one where different groups of people gather for prayer. A city may have several Jami’ mosques, not just one.
37. Q: In cases where a goodwill (Serqafli) has been obtained and a rental period has been set, after the period expires, can the landlord reconsider the rent?
38. A: Yes, the landlord can reconsider the rent, but they cannot charge more than the market rate for such properties. The benefit of goodwill is that it typically results in a lower rent in the market, and the tenant has the priority right to renew the lease.
39. Q: What is the ruling regarding charging and paying interest to non-Muslims or non-Islamic banks?
40. A: It is not permissible to charge or pay interest to non-Muslims, non-Islamic banks, or governments, unless there is a necessity where not obtaining a loan would lead to hardship, or the weakening or humiliation of Muslims. Taking interest from non-Muslims contributes to exploitation and changes the system of society more than it affects individuals.
41. Q: Does the interest that banks charge on loans, or pay on short- or long-term deposits, count as usury (Riba)?
42. A: If the bank regulations that pertain to Islamic contracts are followed, and the loan is structured as a profit-sharing or trade-based agreement, there is no issue.
43. Q: Is the calculation of inflation rates on debts and claims considered Riba?
44. A: The calculation of inflation rates does not constitute Riba.
45. Q: Is it permissible to engage in a transaction of money for money?
46. A: If the transaction involves exchanging different currencies, there is no problem. If it involves exchanging the same currency, for example, Iranian banknotes, it is allowed provided there is no difference in value between large and small notes, or old and new notes, which may be considered due to their use in travel. However, if someone wishes to exchange the money for a higher value on credit to avoid Riba, that transaction is not allowed, as it would constitute an interest-based loan disguised as a sale.
47. Q: Is it permissible to sell foreign currency (such as US dollars) on credit for a higher amount than its equivalent in the local currency (Rial) for a period of one year?
48. A: There is no issue with such a transaction, as the exchange of different currencies is permissible under these conditions.
49. Q: If someone sells an item at a lower price and then stipulates that the buyer must lend them a specific amount, is this permissible?
50. A: This is permissible.
51. Q: If someone is forced to borrow money, can they buy the required amount at a higher price and write a cheque for the payment after one year?
52. A: This is not permissible.
53. Q: If someone purchases an item in cash and, due to carelessness, delays the payment for several years, and the value of the item increases significantly due to inflation, should the buyer pay the price at the time of purchase or the current price when payment is made?
54. A: If the item was bought for the official currency of the country, the price should be calculated based on the time of the transaction, not the payment date. Inflation or devaluation of money would be added according to the price at the time of the transaction. However, if the payment was made in exchange for goods, the price at the time of payment should be considered.

Question 1: A person finds an animal that appears to be lost and is accompanied by other animals from the desert. After a year, if the animal’s owner is not found, it is slaughtered and its meat is distributed to the people. What is the ruling regarding those who have consumed the meat in two cases: when they know that the animal has an unknown owner, and when they are unaware of it?

Answer: If a person finds a lost animal, they must search for its owner for one year. If the owner is not found, they may donate it as a charity in the name of the rightful owner for the sake of God, or they may keep it with the intention of compensating the owner if they are located later. If the owner is unknown, the animal should be distributed to the deserving under the permission of the Islamic judge.

Question 2: What is the duty of someone who comes into possession of unlawful assets or food and is unable or finds it difficult to return them to their rightful owner?

Answer: If it is impossible to return the items, they should be given as charity to the poor.

Question 3: Do state-owned assets fall under the category of property with an unknown owner?

Answer: State-owned assets do not have the same ruling as property with an unknown owner. These assets belong to the state and the public treasury, not to individuals.

Question 4: A woman confesses that for several years she has engaged in immoral acts for sustenance and acquired property through unlawful means, including a home and household items. Now, she wishes to repent. What is the ruling regarding her existing assets?

Answer: The assets acquired through unlawful means are treated as property with an unknown owner. If she is in urgent need of these assets, she should consult the Islamic judge. The judge may, considering her repentance, allow her to keep the assets as restitution for her wrongs.

Question 5: I found a Quran in a park some time ago. What should I do with it?

Answer: A found Quran is considered lost property, and it should be treated according to the rulings of lost property.

Question 6: Is it permissible to confiscate the property of fleeing individuals? Does merely fleeing abroad justify such confiscation?

Answer: The confiscation of property must be carried out under specific Islamic legal categories. Simply fleeing abroad does not justify the confiscation of property. It must be proven that all or part of the individual’s property was acquired through unlawful means and is considered property with an unknown owner.

Question 7: What is the ruling regarding long-term deposits in banks where the depositor does not request interest?

Answer: Depositing money in either private or public banks is permissible, as long as the depositor does not require interest. This is considered a loan without the condition of interest, meaning that the depositor is not entitled to demand any profits, even if the bank does not pay interest.

Question 8: What is the ruling regarding current bank deposits? Can one receive interest from savings accounts? Is it permissible to borrow from banks and pay interest?

Answer: Receiving voluntary interest from banks is not problematic unless it is structured as a contract where fixed interest is paid, which is not allowed in Islamic law. If the bank follows legitimate contracts that comply with Islamic guidelines, there is no issue. However, if the interest is based on usurious principles, then it is prohibited.

Question 9: In the Islamic Republic, banks conduct transactions based on Islamic contracts such as Mudarabah, Musaqat, Mudar’ah, and others, offering a fixed interest rate monthly to customers. If ordinary customers are unaware of the contractual terms and sign them without reading, does merely signing or accepting these conditions make the contract valid and lawful?

Answer: If a general, unrestricted power of attorney is granted to the bank to invest the deposit according to Islamic contracts, there is no issue, and the customer does not need to know the specific details of the agreement.

Question 10: If an Iranian bank sometimes struggles to meet external financial obligations, they have entered into contracts with foreign banks where the foreign bank makes payments on behalf of the Iranian bank. After one year, the foreign bank receives its principal plus interest from the Iranian bank. Is this transaction permissible for the buyer?

Answer: If the buyer is aware of the nature of the transaction and consents, there is no issue. The buyer is lending money to the bank without interest, and the bank purchases goods on credit. As long as the buyer pays the insurance fee, the transaction is considered valid.

Question 11: Banks sometimes offer rewards to customers who deposit money or open accounts. If a customer wins a prize in a lottery, is this action permissible and is the prize halal?

Answer: Since this practice is genuine and based on chance, it is permissible, and the prize is considered lawful.

Question 12: If a person owes money to a bank and makes installment payments along with interest, can they later deposit money into the bank and receive interest in return, considering this as compensation for the interest previously paid?

Answer: Islamic banks operate on Islamic contracts such as Mudarabah, and paying or receiving interest is not problematic if the bank adheres to these contracts. However, one cannot claim compensation for interest paid to the bank, as it does not constitute a legitimate offset.

Question 13: If banks calculate interest in advance as part of a service fee for loans, does this constitute usury if the same approach is taken by a private individual as a loan or installment purchase?

Answer: If the interest is calculated as a service fee or additional charge for individuals, it is permissible as long as it pertains to the cost of providing a service. The issue arises when interest is solely calculated based on the original loan amount.

Question 14: Banks set certain interest rates for short-term and long-term deposits. However, the value of the currency used in deposits does not decrease, and the funds are used by others as loans. What is the ruling on such banking operations?

Answer: As long as the contracts are conducted according to Islamic law, such deposits and their management by the bank are permissible.

Question 15: When a person wishes to borrow a loan, they need a guarantor, and the guarantor must hold half of the loan amount as a collateral deposit. If the guarantor does not have the required amount, can they ask the borrower to request double the required amount so that half of it is deposited for the guarantor’s requirement?

Answer: If the loan and collateral comply with Islamic contracts, this arrangement is permissible. Any savings held as collateral will be subject to Khums once the final payment is made.

Question 16: What is the ruling on the buying and selling of checks and promissory notes?

Answer: Buying and selling checks or promissory notes that represent debt is permissible, as long as the terms of the transaction comply with Islamic law.

Question 17: Is it permissible to use someone else’s documents (such as health insurance cards, passports, ID cards) with their full consent? What if they do not consent?

Answer: Using someone else’s documents without their consent is not permissible as it goes against legal and contractual obligations, and it carries moral and legal responsibility.

Question 18: Regarding earnings from gains and profits, does the Islamic ruling apply to all sources of income, or is it limited to war spoils?

Answer: The term “gains” applies to all forms of profit, not just war spoils. Although initially, the concept of Khums applied mainly to war spoils due to the widespread poverty, it has since been extended to all forms of income, as understood by the majority of Shi’a scholars.

Q: What is the ruling regarding people who consume the meat of an animal whose owner is unknown (Mujahul al-Malik), when it is found in the desert by someone, and after a year the owner has not been found, and the meat is slaughtered and distributed to the people, both in cases of knowledge and ignorance about the unknown ownership?

A: When someone finds a lost animal, they must inquire about the owner for a year. If the owner is not found, they may either give it as alms in the name of the original owner to the poor or keep it with the intention of compensating the owner should they be found. If the ownership is unknown, they must distribute it to the deserving individuals with the permission of the Islamic judge (Hakim Shar).

Q: What is the duty of someone who has received unlawful goods or foodstuffs, and cannot return them to their owner, or it is too difficult for them to do so?

A: If returning the goods is impossible, they must give them as alms to the poor.

Q: Do government assets fall under the category of property whose owner is unknown?

A: Government property does not fall under the same ruling as property with an unknown owner. Such assets belong to the state and are considered public property for the state’s treasury (Bayt al-Mal), not private ownership.

Q: A woman has confessed that she has been involved in immoral acts for several years and earned her livelihood in this way, using the illicit income to support herself and her family. Now that she wants to repent, what is the ruling regarding the property she has acquired, including her house, household goods, and similar items?

A: Property gained through unlawful means is considered property whose owner is unknown. If the woman has a genuine need for these items, she should approach the Islamic judge (Hakim Shar). The judge may, in light of her repentance, return these assets to her as compensation for her sins.

Q: Some time ago, I found a Qur’an in one of the parks. What should I do with it?

A: A found Qur’an is considered like any other lost property. The same rulings apply to it.

Q: Is it permissible to confiscate the property of fugitives? Does the mere act of fleeing abroad justify the confiscation of their property?

A: The confiscation of property must occur under one of the legal categories. Fleeing to another country or abroad does not justify confiscating someone’s property. Rather, it must be proven through legal channels that all or part of their property was acquired unlawfully and is considered property whose owner is unknown.

Q: What is the ruling on long-term deposits in banks where the depositor does not stipulate any interest?

A: Depositing money in private or state banks, without stipulating interest, is permissible, as long as the money is considered a loan to the bank without the condition of receiving interest. This means that the borrower is not obligated to receive interest, even if the bank does not pay it. However, it is permissible to seek interest from a bank owned by non-Muslims, as receiving interest from them is allowed.

Q: What is the ruling regarding current bank deposits and whether one can receive the interest that banks pay for savings accounts? Similarly, is borrowing from a bank with interest allowed or not?

A: Interest on bank deposits is permissible as long as the bank adheres to Islamic contracts. However, if it is clear that the bank is not following Islamic principles, and the interest involves usury (riba), then it is not permissible to accept the interest.

Q: Banks in the Islamic Republic of Iran engage in contracts under Islamic titles like “Mudarabah” and “Musaqat” and offer customers a percentage of profit. However, most customers do not fully read the terms of the contracts and merely sign them. Does merely signing or verbally accepting all terms make the contract valid and lawful, or should the bank explain these terms to customers? If the contract is not legitimate, is there another solution?

A: If a bank is given unrestricted authority (wakalah) to manage deposits according to Islamic principles and distribute profits to customers, it is permissible. After granting unrestricted authority, it is not necessary for the customers to be fully aware of every detail.

Q: Some Iranian banks have agreements with foreign banks where the foreign bank pays the seller in the seller’s country at the time of the transaction. A year later, the foreign bank receives a 9% interest from the Iranian bank and 6% from the seller as insurance for timely payment. Is this transaction permissible for the buyer?

A: If the buyer is fully aware of the nature of the transaction and agrees to it, then there is no issue. The buyer effectively lends the money to the bank without interest, while the bank purchases goods on the buyer’s behalf with the condition that the buyer pays a higher price. As long as the buyer is aware and agrees to the terms, the transaction is permissible.

Q: Banks sometimes offer prizes through lottery systems to encourage customers to deposit their money. Is this practice permissible, and are the prizes considered lawful?

A: Since this practice is genuine and does not involve deceit, it is permissible, and the prizes are lawful.

Q: If someone owes money to a bank and then deposits a sum with the bank and receives interest on it, can they use that interest to offset the amount they owe the bank?

A: In today’s banking system, banks operate based on Islamic contracts like “Mudarabah.” Receiving or paying interest is not an issue as long as the contracts are Islamic. However, offsetting interest is not permissible because the bank is not a legitimate entity for such compensation, and interest received from the bank cannot be considered as “offsetting” interest.

Q: If a bank calculates an interest fee at the beginning of a loan agreement, is this considered usury (riba) or is it permissible?

A: If the interest fee is charged as part of the loan’s administrative costs, and not purely as profit over and above the principal, it is not considered riba. The issue arises when interest is charged purely on the principal amount, whether by the bank or an individual, which would be deemed usury.

Q: What is the ruling regarding short-term and long-term deposits in banks where interest is calculated, while others use the deposited money for loans?

A: If the bank operates in accordance with Islamic contracts, and customers have given full permission for the bank to invest in such contracts, this is permissible.

Q: If someone needs to borrow money and a guarantor is required who must have half the loan amount locked in an account until the last installment is paid, is it permissible for the guarantor to request double the amount needed to lock up half in the account?

A: If the loan and the guarantee are based on Islamic principles and the money is handled correctly, there is no issue. The bank must adhere to these principles for the practice to be lawful.

Q: Is it permissible to use the Imam’s share (Khums) for the expenses of a pilgrimage (Hajj or Ziyarat)?

A: If it is part of the Imam’s responsibilities and not wasteful, it is permissible.

Q: Can students (Talabah) use the Imam’s share?

A: It is permissible for them to take the Imam’s share with the permission of an equitable scholar (Mujtahid) if they are serving the religion.

Q: If a deceased person owed money to others and has not paid their Khums, and their assets are insufficient to cover both debts, what should be prioritized?

A: If the property subject to Khums is available, it should be paid first. If that property is not available, then the assets should be divided between the two debts.

Q: Is it permissible to change the year’s accounting period for Khums?

A: Advancing the accounting period by any amount is permissible, but delaying it requires the permission of an equitable Mujtahid or a suitable calculation.

Q: If the nobility of a person is established through the testimony of an expert on lineage (Ilm al-Ansab) and many scholars testify to the credibility and integrity of this scholar, is the scholar’s statement considered valid?

A: Nobility is established under the mentioned conditions.

Q: Is the permission of the Islamic legal authority or a Mujtahid required for the expenditure of the Imam’s share and for the Sadaat (descendants of the Prophet)?

A: For both the Imam’s share and the Sadaat’s share, the permission of an equitable and qualified Mujtahid is necessary.

Q: If someone gives money to another person, who is eligible to receive the Imam’s share, to buy a specific item, but the person instead uses the money to purchase something else that is more important but cheaper, is this permissible?

A: Regarding the Imam’s share, if the owner or the equitable Mujtahid designates a specific use, following that directive is not obligatory unless there is a benefit for the individual.

Q: If someone, due to shame, requests the Imam’s share in the name of someone else and uses it themselves, what is the ruling on this?

A: If the money is received in the name of someone else and used for oneself, it is permissible if it is for a legitimate reason, and if it is requested for a general cause, it can be used for any of its relevant categories.

Other Khums-related issues

Q: What is the ruling on treasure found by individuals in their land?

A: With the authority of the Islamic state, the treasure belongs to the system that fulfills the requirements and holds the Muslim treasury. If such a system does not exist, the treasure may be owned, and Khums should be paid on it.

Q: If antiques or treasures are buried with a deceased person from many years ago, is it permissible to dig the earth to retrieve them, considering it might lead to exhuming the deceased’s bones?

A: If a long period has passed, the items are considered treasure, and Khums is due on them. Excavating the ground for this purpose is permissible, but if it results in disturbing a Muslim’s grave, the grave must be restored to its original state.

Q: Does the mere intention separate the Khums-paid money from other assets, especially if it is in a savings box or bank? What is the correct way to separate it?

A: Intention alone is not sufficient. The money must be physically separated from other assets and handed over to an equitable Mujtahid.

Q: If a person has set an annual account for determining Khums and visits the homes of those who do not pay their religious dues, and eats their food or performs ablution with their water, what is the ruling on their actions?

A: If it is certain that Khums is involved in the house or the food, it is not permissible to take from it unless permission is granted by an equitable Mujtahid.

Q: Does a person living in their parental home need to pay Khums?

A: If they have additional income from their own earnings, they must pay Khums.

Q: Is the expense of cigarettes considered part of one’s necessary expenditure (Moo’neh) or should Khums be paid on it?

A: Necessary expenditure does not need to have a religious title, as long as the consumption is not unlawful. Smoking is not appropriate, but it is considered part of the necessary expenditure.

Q: If a person needs clothes and carpets but has little wool, and they accumulate wool over several years to make these items, does Khums apply to the wool that has been stored for over a year?

A: The wool mentioned is subject to Khums.

Q: Some jurists argue that the price of a sold house should pay Khums even if it is sold in the middle of the year and the money hasn’t completed the Khums year. Can a solution be offered that allows the individual to avoid paying Khums, or can the Khums amount be used to buy another house or for other living expenses?

A: Paying Khums on the sale price of the house is obligatory. However, in cases of necessity, the person can seek leniency, facilitation, or remission from an equitable Mujtahid.

Q: If a husband does not have an annual account for Khums and does not pay it, is it permissible for his wife to stay in his house and use the food and clothing obtained from his unaccounted income?

A: Given the importance of family life, it is permissible for her to stay in the house and use his food and clothing. The religious dues are on the husband’s responsibility, but she may take them into account and pay them whenever she is able, avoiding interference in family life.

Q: Is it permissible for a person to transfer their assets to their wife or another person before the end of the Khums year in order to avoid paying Khums?

A: If the transfer is not a mere formality and the assets are not returned after the Khums year, and if the transfer is not excessive or done with deceitful intentions, Khums does not apply to it. However, these transfers often do not meet the required conditions, and since using legal tricks to avoid obligations is not permitted, Khums must still be paid.

Q: Is it permissible to pay all or part of the Imam’s share to a charity fund established to assist the poor and orphans?

A: The Imam’s share should primarily be used for maintaining the religious schools and the livelihood of students (Talabah), which helps preserve the faith and religion. However, in exceptional cases, with the permission of an equitable Mujtahid, some of it can be used for other charitable purposes like building mosques, Hussainiyas, or cultural institutions that promote religion.

Q: Are the books that are considered authoritative in the field of lineage and family trees sufficient to prove nobility (Sayyid status)?

A: Genealogies and family trees that have been validated by renowned scholars in the field of lineage, and those that are publicly known and trusted, are sufficient to prove nobility.

Q: Does the tithe (Usher) paid by the Sufis have an Islamic origin, and does it replace Khums?

A: The Usher paid by the Sufis does not have an Islamic origin and is only related to the Zakat of the four staple grains, provided they are irrigated by rainwater or a similar source.

Q: Given that Khums is one of the essentials of Islam, and some Sufis only give the Usher to their spiritual leader, what is the ruling on using their food, living in their homes, and praying there?

A: Not all Sufis follow this practice. One should be cautious when attributing such matters to individuals. If such practices occur, the Khums due on their wealth should be considered and paid.

Q: What is the wisdom behind Zakat and its goal?

A: Zakat aims to alleviate poverty and fulfill the needs of the underprivileged, as well as promote justice in society.

Q: Aside from the nine categories of Zakat, are there other goods that fall under it?

A: The obligatory Zakat applies to the nine specified categories, but the voluntary (Mustahabb) Zakat can apply to other goods, unless the Islamic state determines otherwise.

Zakat of Crops

Q: What is the Zakat rate for irrigated wheat, and what is its threshold?

A: The Zakat rate is one-twentieth (5%), and the threshold is the same as other items, i.e., 847 kilograms.

Q: Should the seed price deducted from the yield be based on the day of sowing or the day of harvest?

A: The price should be based on the day of sowing.

Q: Do agricultural workers who receive a share of the crop for their work have to pay Zakat on their share?

A: If their share is in exchange for all the work done and meets the Zakat threshold, they are required to pay Zakat. If they only receive a share after the Zakat has been due, the worker is not responsible, and the owner must pay Zakat on it.

Zakat Recipients

Q: Who is considered a poor person (faqir)?

A: A person who does not have the means to cover their regular expenses is considered poor.

Q: If a person does not pay Zakat, can their son take the Zakat and give it to the deserving poor without the father’s knowledge?

A: This can be done with the permission of an equitable Mujtahid if the son is responsible for such duties.

Q: What is the minimum time a person must stay as a guest in someone’s home to be considered a dependent of that household for Zakat purposes?

A: A person must stay for about four or five days to be considered a dependent guest. Therefore, if someone is a guest at multiple houses, they do not owe Zakat for the duration they are hosted unless they are staying with a single individual during the final days of Ramadan.

Zakat al-Fitr is only given to the poor and needy, and is spent on their necessities, such as food, medicine, treatment, and similar needs.

Q: Do war spoils become private property, and can issues such as inheritance, endowment, lease, and similar matters be applied to them?

A: Under a just Islamic government, and given the prohibition from the government on the ownership of war spoils, it is not permissible to take action without the consent of the government, and the legal rights concerning the property do not apply to them.

Q: Based on the apparent meaning of the Qur’anic verses and narrations, the Anfal (public properties) seem to include all lands, mountains, forests, seas, and similar resources across the world. However, in the present situation where international geographical borders are accepted by all governments, does the concept of Anfal also get limited to these boundaries?

A: The apparent meaning of many narrations regarding Anfal suggests that it includes all the benefits derived from the earth. However, the leadership, within the scope of its authority, should intervene, and the welfare of Muslims requires adhering to international norms.

Q: Is paying taxes in the Islamic Republic of Iran considered sufficient as a religious duty?

A: Taxes are similar to other business expenses and do not replace religious obligations. Taxes are a citizen’s duty, while khums (a religious tax) is related to spiritual and religious matters. Therefore, taxes cannot be considered as part of the khums.

Note: Taxes are considered part of annual business expenses, and khums is due after expenses are accounted for. In fact, khums is a form of partnership with the beneficiaries of khums, and cannot be replaced by taxes.

Q: What is the ruling on evading obligations such as paying taxes, fees, traffic fines, and regulations by using loopholes to avoid or reduce payments, considering that these actions contradict the laws of an Islamic state?

A: If these matters are fair and just, it is not permissible to evade them.

Q: What is the ruling on consuming food taken from non-Muslims?

A: If it is suspected that these foods have been prepared using industrial tools or gloves, there is no issue. However, if it is certain that the food has been contaminated through direct contact with their hands or bodies, it should be avoided except in cases of necessity, such as traveling to non-Islamic countries where avoiding such matters is difficult. In such cases, it is not necessary to avoid them.

Q: Is eating rabbit meat lawful?

A: It is unlawful.

Q: What is the ruling on eating the testicles (called dayban) of halal animals?

A: It is unlawful and should not be fed to children either.

Q: Is smoking allowed if it harms others who do not wish to be exposed to it, or if medical professionals indicate that passive smoking harms non-smokers three times more than the smoker? In this case, is it permissible to violate bans on smoking in public places, such as commercial venues and government offices?

A: It is not permissible to harm others. Smoking itself is not forbidden, although it may harm others, and in places where smoking is prohibited by law, it is advisable to adhere to this rule, even if it does not directly harm an individual.

Q: What is the ruling on keeping alcoholic beverages?

A: It is forbidden, and it results in a disciplinary penalty, except in cases where there is a significant purpose or if it is being turned into vinegar.

Q: Are crabs and sea turtles permissible to eat?

A: Both crabs and sea turtles are impermissible to eat.

Q: What is the ruling on eating peacock meat?

A: The meat of a peacock, whether white or black, is unlawful.

Q: If a person, due to ignorance, had illicit relations with a sheep some years ago and now realises it, and the owner of the sheep has either sold it or it has died, what should be done?

A: If the person is certain that the sheep has died or has been sold to someone beyond their reach, there is no current obligation, but they should repent.

Q: Can a lottery system be used to identify the animal involved in the unlawful act, if there are several sheep and the specific one is not identifiable?

A: The narration suggests dividing the sheep into two parts, drawing lots, and repeating the process until only one sheep remains. However, the described method is also permissible as it is a form of drawing lots.

Q: What is the ruling on using a machine for slaughtering animals, such as chickens, cows, and sheep, as long as the proper conditions are met?

A: If the necessary conditions for slaughter are fulfilled, there is no issue, and the animal is considered halal.

Q: What is the ruling if an animal is slaughtered, but after slaughter, it is immersed in very hot water that causes its blood vessels to seal and blood does not exit in the usual way?

A: The meat is lawful, but the blood inside it should be avoided.

Q: Is it permissible to consume gelatin derived from collagen in products like medicine, chocolate, ice cream, and biscuits, if it is not clear whether the animal was halal or haram?

A: Gelatin, especially if derived through the process of transformation (istihala), is deemed lawful and pure, even if it comes from non-Muslim countries. However, if it is certain that it was derived from a haram animal or one not slaughtered according to Islamic guidelines, it is not permissible.

Q: If an animal was not slaughtered according to Islamic guidelines, is its skin and leather pure?

A: An animal not slaughtered in accordance with Islamic law makes its meat unlawful, but its skin, leather, and meat are considered pure, provided that they have undergone complete transformation (istihala) in the process of manufacturing.

Q: What is the ruling on leather products from countries where animals are not slaughtered according to Islamic law, or where there is doubt whether they are dead or improperly slaughtered, such as bags, shoes, and notebooks?

A: The leather is considered pure and not impure if it is known that the animal was not slaughtered according to Islamic law, provided that it has undergone istihala (complete transformation). Using leather for non-religious purposes, like for shoes or bags, is not problematic.

Q: If an animal was slaughtered in a non-Muslim country and its slaughter is not proven to be done according to Islamic guidelines, is its meat considered impure?

A: The meat of an animal slaughtered in a non-Muslim country is not considered impure, but until it is confirmed to have been slaughtered according to Islamic law, consuming it is forbidden. Additionally, the leather from such an animal cannot be used for prayer garments unless it has undergone a complete transformation (istihala).

obligatory precaution, their pilgrimage remains valid and they bear no further responsibility.

Permanent and Temporary Marriage Contracts

Q: In marriage, a man follows a scholar who requires the plurality and distinctness of the two parties to the contract; i.e., the proposer (Mujib) and the acceptor (Qabil) as a condition. The woman follows a scholar who permits their union. In this case, which opinion should be followed?
A: In this case, the condition of plurality and distinctness of the two parties to the contract is baseless. However, in matters of dispute, everyone must act according to the fatwa of their own scholar and properly pronounce the marriage contract.

Q: A girl agrees to a marriage with a specific dowry, but a lower amount is written in the marriage certificate, and the agent reads the contract and performs the marriage based on the written dowry. Is this (permanent) marriage valid?
A: If the girl does not agree, the contract must be repeated with the dowry agreed upon by both parties.

Q: If a woman appoints a man as an agent to execute a permanent marriage contract, but after several years the man claims to perform a temporary marriage contract, what is the status of the contract, dowry, and inheritance between the wife, husband, and children?
A: This claim is not accepted except in cases against the man. The contract is void. However, the woman inherits from the man, and the children are considered children of doubt but inherit from him. If it is reasonably established that the man’s claim is correct, the contract is also void. If the man knew the contract was invalid, he has sinned, and the punishment for adultery will be applied to him. In any case, the woman must receive her dowry.

Q: Can a person, by virtue of authenticity or agency, perform a marriage contract in Persian or Arabic?
A: A man or woman can perform the marriage contract, either for themselves or for others, in Persian, Arabic, or through mutual consent (i.e., “ma’āṭāt”) for both permanent or temporary marriages. There is no requirement for the contract to be pronounced in Arabic or Persian, although it must meet the necessary conditions for validity.

Q: If a person, before the expiration of a temporary marriage contract, performs a permanent marriage contract, and later discovers this, is the permanent marriage invalid?
A: If the acceptor in both contracts is the same, the marriage is valid.

Q: Is it necessary for the agent’s plurality and distinctness in the execution of the marriage contract by both the man and the woman?
A: It is not necessary.

Q: Is it necessary for the marriage contract to be pronounced in Arabic?
A: It is not necessary to be in Arabic. The contract is valid in any language, and it can even be performed through mutual consent.

Conditions of Marriage Contract

Q: Is it permissible for a virgin girl to marry without the permission of her father or paternal grandfather?
A: There is no issue with this, but ethically, it is better for the girl to respect her father and obtain his permission.

Q: If the father or paternal grandfather is absent and the virgin girl needs to marry, is the permission waived, and what does “needing a husband” mean?
A: This means that she has reached an age where, unless she marries, she may fall into hardship or sin. There is no absolute requirement for permission, and in cases of absence, there is no obligation.

Q: Is permission from the father or guardian necessary for a virgin girl to marry? Does this differ between permanent and temporary marriage?
A: Permission from the father is not required, although respect for the father should be shown. There is no difference in this matter between permanent and temporary marriages.

Q: If a girl performs a marriage contract without her father’s or mother’s permission, is her father’s consent necessary for the validity of the contract?
A: Obtaining the father’s consent is not necessary for the validity of the contract; the marriage is valid.

Q: If a girl under the age of nine is married without her knowledge, and her father performed the marriage, and later when she reaches puberty, she expresses dissatisfaction but the husband refuses to divorce her, is the marriage valid, and is she obligated to stay in this marriage, or can she marry someone else?
A: If the marriage was not in the girl’s best interest, it is void, and she may marry someone else without divorce. However, if the girl gave her consent after puberty (around the age of thirteen), the marriage cannot be annulled.

Q: If a girl intends to marry a suitable young man, does the father’s permission become irrelevant?
A: There is no obligation to obtain the father’s permission, but it is morally right to seek his approval due to his role in the guardianship of the girl.

Q: If a father rejects suitors for his daughter, is this permissible?
A: If the suitors are suitable and the daughter agrees, the father does not have the right to reject them. The father’s permission is not a condition for marriage, although if the father’s behavior is reasonable, it is good to seek his approval out of respect.

Q: If a man follows a scholar who believes that a virgin girl can marry temporarily without her father’s permission, while the girl follows a scholar who says permission is required, can the man marry the girl without the father’s consent?
A: There is no problem with this.

Defects That May Lead to Annulment

Q: A man and woman have been married for several years without having children, and a doctor diagnoses the issue as being with the man, who is said to be without testicles. Can the woman annul the marriage?
A: If the woman was unaware of this, she can annul the marriage unless she agreed to it after learning of the defect and continued living with the man.

Q: Is HIV a defect that can lead to the annulment of a marriage without divorce?
A: HIV is not a defect that allows the annulment of marriage without divorce. However, if the disease is at a stage that poses a transmission risk and the husband refuses to divorce, the woman can seek a divorce through the judicial authority.

Q: If a husband develops insanity after several years of marriage, and the court confirms his mental disorder, does the marriage annul automatically with the ruling, or must the woman go to court for annulment?
A: The annulment must be carried out by the judicial authority.

Q: If a woman finds out her husband is not Muslim after marriage, what is the ruling?
A: The woman cannot continue living with him, and the marriage is void. She must separate from him.

Q: A girl enters a permanent marriage contract with a man and they marry, but it is later discovered that the girl has had epilepsy for a long time, which she and the doctor confirm. What is the ruling on the marriage and dowry?
A: Epilepsy does not provide an option for annulling the marriage contract. If the husband wants to divorce her, and they have consummated the marriage, he must pay the full dowry.

Q: Does the lack of virginity in a girl allow the annulment of the marriage contract?
A: In our country, virginity is an implicit condition previously agreed upon. If the virginity is absent, the marriage can be annulled.

Q: If the husband annuls the marriage due to the lack of virginity, how much dowry must be paid, and if fraud was involved, who should pay?
A: If virginity or any condition of completeness was part of the contract, and it is proven that this was not the case, the husband has the right to annul the marriage. If no consummation has occurred, the dowry is void. If consummation occurred, the agreed dowry must be paid. If fraud is proven, it must be claimed from the fraudster. If the wife committed the fraud, she has no dowry.

Permanent and Temporary Marriage Contracts

Q1: In marriage, if a man follows a scholar who considers the multiplicity of the two parties of the contract (i.e., the offeror and the acceptor) as a condition, and the woman follows a scholar who allows their unity, which opinion should be followed in this case?

A1: The condition of multiplicity for the two parties of the contract is baseless. However, in matters of disagreement, each individual must act according to the ruling of their respective scholar and ensure the marriage contract is properly concluded.

Q2: A girl agrees to marry with a specified dowry, but the marriage certificate states a lower amount, and the agent reads the marriage contract and recites the marriage formula based on the lower dowry written. Is this permanent marriage contract valid?

A2: If the girl does not consent, the marriage contract must be recited again with the dowry that was mutually agreed upon.

Q3: If the woman appoints the man as her agent to execute a permanent marriage contract, and after several years, the man claims to have executed a temporary contract, what is the ruling regarding the contract, dowry, and inheritance between the woman, husband, and children?

A3: Such a claim is not accepted unless it is against the man. The contract is invalid, but the woman inherits from the man, and the children are considered legitimate and inherit from him. If it becomes certain that the man’s claim is true, the contract will be invalid, and if the man knew the contract was invalid, he is guilty, and the penalty of adultery will be applied to him. In any case, the woman must be given her dowry.

Q4: Can a person, whether as an individual or as an agent, perform the marriage contract in Persian or Arabic?

A4: Both the man and the woman can recite the marriage contract in Persian or Arabic or even through mutual consent (i.e., without explicit words), either for themselves or on behalf of others. There is no requirement for the contract to be recited specifically in Arabic or Persian; however, in either case, the essential conditions and characteristics of the contract must be fulfilled.

Q5: If someone executes the marriage formula of a permanent contract before the expiration of a temporary contract and later becomes aware of it, is the permanent contract invalid?

A5: If the acceptor (the woman) is the same in both contracts, the marriage is valid.

Q6: Is it necessary for the marriage agent of the man and woman to be different during the execution of the contract?

A6: It is not necessary for the agents to be different.

Q7: Is it necessary for the marriage formula to be recited in Arabic?

A7: It is not necessary for the formula to be in Arabic; it can be recited in any language, and it can even be executed through mutual consent.

Conditions of Marriage Contract

Q1: Is it permissible for a virgin girl to marry without the consent of her father or paternal grandfather?

A1: There is no objection, but it is more respectful and ethically better for the girl to seek the permission of her father to honour his role.

Q2: If the father or paternal grandfather is absent, and the virgin girl needs to marry, does the permission requirement become void, and what is meant by needing a husband?

A2: This means that the girl has reached an age where, unless she marries, she risks falling into hardship or committing a sin. There is no requirement for the father’s permission in this case, and the concept of necessity does not apply in the absence of permission.

Q3: Is the permission of the father or guardian required for a virgin girl to marry? Does this differ between permanent and temporary marriages?

A3: The father’s permission is not required, although it is better to respect the father’s wishes. There is no difference between permanent and temporary marriage in this regard.

Q4: If a girl, without the consent of her father and mother, recites the marriage formula, is it necessary to obtain the father’s approval for the marriage to be valid?

A4: The father’s consent is not required for the marriage to be valid, and the marriage is correct.

Q5: If a girl marries before reaching the age of nine without knowing the matter, and the father recites the marriage contract, and when she reaches puberty, she expresses her dissatisfaction with this marriage, but the husband refuses to divorce, is this marriage valid, and is she bound by it?

A5: If the marriage was not in the best interest of the girl, it is invalid, and the girl can marry someone else without divorce. However, if after puberty she has consented to the marriage, she cannot annul it.

Q6: If a girl intends to marry a suitable man, is the father’s permission waived?

A6: There is no obligation to obtain the father’s permission, but it is morally recommended to seek his approval given his role in her guardianship.

Q7: If a girl receives marriage proposals, but her father rejects them, is this action permissible in Islam?

A7: If the suitor is suitable and the girl is satisfied, the father does not have the right to reject the suitor. The father’s permission is not a condition for the marriage to be valid. However, it is advisable to seek the father’s consent if the rejection is not based on reason.

Defects That Lead to Annulment

Q1: If a man and woman, after several years of marriage, are unable to have children, and a doctor diagnoses that the problem lies with the man, and the woman claims that her husband is infertile, can the woman annul the marriage?

A1: If the woman was unaware of this fact at the time of the marriage, she can annul the contract, unless she later accepts the situation and continues living with him.

Q2: Is AIDS in either the man or the woman considered a defect that can annul the marriage without divorce?

A2: AIDS is not a defect that allows for annulment without divorce. However, if the disease is at a stage where it is contagious and poses a risk, and the husband refuses to divorce the woman, she can seek divorce through the religious court.

Women with Whom Marriage is Forbidden

Q1: Is marriage between a non-Sayyid man and a Sayyid woman permissible?

A1: Marriage between a non-Sayyid man and a Sayyid woman is permissible. In the time of the Imams, such marriages took place frequently.

Q2: Is it permissible to marry non-Muslims?

A2: Due to the requirement for compatibility, marriage between a Muslim woman and a non-Muslim man is not valid. The marriage of a Muslim woman with someone outside the Shia faith, whether permanent or temporary, is not permissible. A Muslim man cannot marry a non-Book-worshipping non-Muslim permanently or temporarily. However, a temporary marriage with a woman from the People of the Book (Jewish or Christian) is permissible.

Q3: Is marriage to People of the Book allowed?

A3: Only temporary marriage with women from the People of the Book (Jews and Christians) is permissible. Permanent marriage is not allowed.

1. Is it obligatory to act upon the results of Istikhara?

Answer: Acting upon the result of Istikhara is not obligatory. However, if one goes against it, they must fear the consequences and only blame themselves for any problems that arise, as they may encounter difficulties they were unaware of or did not anticipate.

2. Is it permissible to renew an Istikhara for marriage?

Answer: Renewing an Istikhara does not have meaning unless the circumstances surrounding the situation have changed.

3. If someone divorces their spouse who had an illicit relationship and was sentenced to 75 lashes, and they have a three-year-old daughter, can this woman, despite her immoral actions, be awarded custody of the child?

Answer: If the immoral behavior was an isolated incident, there is no issue with her being awarded custody.

4. If a man accuses his wife of an illicit relationship and fails to prove his claim in court, can he continue his life with her, and is it obligatory for her to remain with him? Can the wife request a divorce and claim her rights, such as her dowry, bridal gift, and other possessions?

Answer: If the accusation is not proven, the man can continue living with her. However, due to the accusation, the woman can request the prescribed punishment (which is 80 lashes) from the religious authority or forgive him. Continuing life with the husband is obligatory for the wife, but if the husband agrees to divorce, the wife can request the divorce and is entitled to her dowry and bridal gift.

5. Can a husband disclose his wife’s faults or degrade her in front of others, even if it is done in jest and the wife is not upset?

Answer: It is not permissible, and such behavior is considered one of the worst actions a foolish husband can do towards his wife, whether it is in jest or seriousness, whether the wife hears it or not.

6. What is the ruling on lying to one’s wife in order to gain her affection, for example, saying “I have not thought of anything else today except you” when it is not true?

Answer: It is not necessary to tell the wife every truth, but lying is only permissible in exceptional cases of necessity and must be rare and justified.

7. What is the ruling on insulting one’s spouse or the opposite?

Answer: No one has the right to insult another or undermine their dignity, even between husband and wife. Such behavior is sinful and impermissible.

8. Is it obligatory to fulfil promises made to a wife?

Answer: It is commendable for a Muslim to honour their promises as much as possible.

9. If before marriage, a man promises a woman he will marry her on the condition that she takes care of his elderly mother, and the woman agrees, but after marriage, she refuses to care for the mother, is such a promise binding?

Answer: If the condition is part of the marriage contract, then it is obligatory to fulfil.

10. Can a father transfer his guardianship rights over his daughter to the husband for a sum of money?

Answer: A father’s guardianship rights are non-transferable, neither for money nor without it.

11. Can a mother receive compensation for breastfeeding (milk money)?

Answer: A mother can only receive compensation for breastfeeding if it is stipulated as a condition in the marriage contract.

12. Where should the marriage certificate be kept – with the bride’s family or the groom’s?

Answer: If no specific agreement was made beforehand, the marriage certificate is typically given to either the bride or the groom, to be kept with them or their respective families. Currently, it is often given to the bride’s family, and the husband can obtain a certificate from the marriage registry office if necessary.

13. Is it disliked to marry close relatives?

Answer: Non-relatives’ marriages promote family expansion and general health, although all familial marriages do not necessarily cause issues.

14. Can a man and woman derive pleasure from each other in every way?

Answer: Yes.

15. Can a Muslim man who is infected with AIDS marry a Muslim woman?

Answer: Given the risk of transmitting the disease to the woman, it is not permissible.

16. If a woman dies and is revived, does her marital status remain intact?

Answer: Yes.

17. What is meant by justice between wives?

Answer: Justice means that a man should treat each of his wives according to their social standing and conditions, and they should also behave according to their circumstances. Justice does not always imply equal treatment. For example, in the matter of the wife’s right to a share of the husband’s time, it means allocating one of the four nights to each wife.

18. Is it permissible for a man to be alone with a non-mahram woman, provided he is certain no haram actions will take place? What is the limit of seclusion with a non-mahram woman?

Answer: If they are in a place where normally no one visits, then it is considered seclusion with a non-mahram, which is not permissible even if both believe or are certain that they will not engage in haram actions.

19. What is the ruling on trimming or removing part of one’s eyebrow or getting tattoos?

Answer: It is not an issue and does not constitute any impermissible act.

20. If a man’s close relative does not observe the required Islamic dress code, does he have the right to strike them after trying many different ways to convince them, without success?

Answer: It is not permissible to strike anyone for prohibiting wrongdoing without the permission of the religious authority.

21. If a man does not ensure his wife adheres to the proper Islamic dress code, is he considered a transgressor?

Answer: If he is able to prevent her from not wearing the correct dress and fails to do so, he is considered a transgressor.

22. Is it obligatory for children to take care of their sick or disabled parents?

Answer: Yes, it is the responsibility of both sons and daughters.

1. Is it permissible to terminate the mentioned pregnancy to save the mother’s life?

2. If it is known that one of the two (mother and child) can be saved and it is possible to save the mother by terminating the pregnancy, the abortion must be performed to save the mother’s life.

3. There is no difference in this regard.

4. Based on an ultrasound scan of the fetus in the mother’s womb, it was determined that the fetus is severely malformed and, upon birth, would be like a piece of meat with no activity or awareness, incapable of any human understanding:

• 1. Is it permissible to terminate the pregnancy at this point, either before or after the spirit has been breathed into it?
• 2. If this child is born and subsequently becomes ill, is it permissible to withhold any treatment to allow it to die sooner, thereby perhaps alleviating its suffering?

Response: In cases of certainty regarding the fetus’s malformation, both actions are permissible.

5. Based on medical diagnoses, it is confirmed that the fetus will die if it remains in the womb, but if removed and placed in an incubator, it would survive and continue to grow.

• 1. What is the doctor’s responsibility in this case? Is it permissible to remove the fetus from the womb?
• 2. Does the ruling of this issue differ before or after the spirit has been breathed into the fetus?

Response: If the specialists are certain, there is no issue with performing this action, and it is necessary at any stage of the fetus’s life.

6. In cases where abortion is required, who is responsible for paying the blood money (diya)? Is it necessary for the doctor to stipulate that they are not responsible for the blood money, and is this stipulation sufficient to absolve them?

Response: If the abortion is permissible and justified, there is no blood money, and thus the issue of payment does not arise.

7. If a doctor is certain that future children of a couple will suffer from congenital disabilities:

• 1. Is it obligatory for the doctor to inform the parents if asked?
• 2. If the parents do not ask, is it obligatory for the doctor to inform them to prevent them from conceiving such children? If it is not obligatory to inform them, is it forbidden to do so?
• 3. If the doctor suspects that the parents may choose to abort the fetus upon learning the truth, what is the doctor’s responsibility?

Response:

• 1. The doctor must inform them to prevent future conception, even if the parents do not ask.
• 2. In such cases, if it is an important matter, the doctor should not withhold this information.
• 3. The doctor should fulfil their duty, and if the patient takes an unlawful action, the doctor is not responsible. Moreover, the situation described constitutes a legitimate reason for abortion.

8. A woman is diagnosed with an eye disease that requires urgent surgery, but she is three months pregnant. The pregnancy must be terminated to allow the surgery, as failing to do so would result in blindness. What is the ruling in this case?

Response: In this situation, abortion is permissible.

9. Is it permissible to terminate a pregnancy after the fertilisation of the egg has occurred?

Response: If there is certainty or fear of significant harm to the mother, abortion is permissible, and there is no blood money in this case.

10. Is abortion permissible in cases where there is certainty or fear of significant harm to the mother’s health?

Response: If there is certainty or fear of serious harm to the mother, abortion is permissible.

11. Is abortion permissible, and does it carry blood money?

Response: If the medical specialists are certain or there is fear of significant harm to the mother, abortion is permissible, and there is no blood money in such cases.

12. Can therapeutic abortion be carried out before the spirit is breathed into the fetus in the following circumstances?

• a. In cases where it is known that the fetus will die shortly after birth.
• b. In cases of genetic diseases.
• c. In cases of abnormalities such as anencephaly.

Response: Abortion is permissible in these cases if there is certainty or strong suspicion of harm to the fetus.

13. What is the ruling regarding the aforementioned factors if the spirit has already been breathed into the fetus?

Response: If it is certain that the fetus’s condition will result in harm or significant suffering, therapeutic abortion is permissible.

14. A pregnant woman has been diagnosed with cervical cancer and requires radiation therapy, which would severely damage the fetus. Is it permissible to carry out a therapeutic abortion before the radiation treatment?

Response: If the defect in the fetus is certain and severe, and the only way to treat the cancer is through radiation, there is no objection to abortion.

15. It is common for women diagnosed with advanced cancer, such as breast cancer, to undergo therapeutic abortion at any stage of pregnancy, as the mother’s life is at risk. The pregnancy is terminated, and the fetus is delivered early, placed under special care for growth. Does this align with Islamic rulings?

Response: If the mother’s life is at risk, therapeutic abortion is permissible, and delivering the fetus early for special care is also permissible.

16. After the spirit has been breathed into the fetus, if it is known that both the mother and fetus will die unless the pregnancy is terminated, is abortion permissible?

Response: In this case, if the mother’s life is in danger, abortion must be performed to save her life.

17. Sometimes television broadcasts show swimmers or women with partial nudity. What is the ruling on viewing these images?

Response: If viewing them does not lead to corruption, it is permissible.

18. What is the ruling on watching Iranian films that are not aired on the official Iranian state television?

Response: Watching Iranian films is permissible as long as there are no immoral scenes.

19. What is the ruling on looking at naked images in medical textbooks, which are necessary for educational purposes, even if they may cause temptation?

Response: If the intention is not to derive pleasure and there is no risk of falling into sin, there is no objection.

20. What is the ruling on looking at pictures of naked women from non-Muslim backgrounds, provided there is no sexual pleasure involved?

Response: If there is no intention for sexual pleasure and it does not lead to corruption, it is permissible.

Question 1:
In the case where a woman is married to another man during her waiting period (iddah), if she has had intercourse during this time, it becomes permanently forbidden (haram) for the second man to marry her, even if neither party was aware that marriage during the waiting period is prohibited. If the intercourse occurred after the waiting period, the marriage contract is void; however, the woman is not prohibited from marrying the second man, and she can be married to him again after her iddah period has ended, as long as a new marriage contract is concluded.

Question 2:
If a woman, who has embraced Islam for two years and has been separated from her non-Muslim husband for six months, is now required to observe her waiting period (iddah), how should she proceed?

Answer:
Since she embraced Islam two years ago, her waiting period began from the time she accepted Islam. If her husband was aware of this and did not embrace Islam during her waiting period, her waiting period has ended, and the separation from her husband is final, meaning there is no need for a divorce.

Question 3:
A woman who is pregnant as a result of adultery and marries either the adulterer or someone else, does she need to observe an iddah? If her husband divorces her after the marriage, does she need to observe an iddah? If she does, what is the duration of the waiting period—whether it is based on three menstrual cycles or some other period?

Answer:
A woman pregnant from adultery does not need to observe an iddah. It is permissible for her to marry the adulterer or any other man, and if she is divorced after marriage, her waiting period will be three menstrual cycles or three months. The childbirth condition is irrelevant in this case. In the case of a woman who is not menstruating, since the condition of menstrual cycles does not apply, she should wait for three months before remarrying.

Question 4:
What is the rationale for the waiting period of a woman who has been divorced? Are infertile women or those who have had their uterus removed exempt from this rule?

Answer:
The waiting period of women is based on several principles and is not limited solely to the possibility of conception. As such, a woman must observe the waiting period in all cases as prescribed by Islamic law, whether she is infertile, has had her uterus removed, or has been living separately from her husband for many years.

Question 5:
If a husband fails to provide financial support (nafaqah) without a legitimate Islamic reason, is it permissible for the wife to divorce him?

Answer:
The Islamic judge (qadi) should pay the wife’s nafaqah from the husband’s wealth. If this is not possible, the judge may instruct the husband to divorce her. If the husband refuses, the judge may issue the divorce on his behalf.

Question 6:
I came to Norway with my husband and children in 1987. For the last three years, my husband has abandoned us, and we have filed for divorce under Norwegian law. There is an Islamic center in Norway for Shia Muslims, and I would like to know if the religious leader of this center can conduct a valid Islamic divorce for me?

Answer:
If your husband is not willing to live with you or divorce you, the divorce granted by the Norwegian authorities is valid. It is only necessary to have the religious leader execute the Islamic divorce for you.

Question 7:
I married someone and lived with him for a year and a half, but now it has been three years without any word from him. I am living without support and am very distressed. At the time of our marriage, I told my husband that if I did not receive financial support for six months, I should have the right to divorce him, but this was not written in the marriage contract. I did not have the ability to read the contract at the time. What should I do now?

Answer:
If your husband intentionally abandoned you, and you are experiencing significant hardship, you may consult a religious scholar to seek a divorce. Since you do not have evidence of the condition in the marriage contract, you cannot perform the divorce yourself.

Question 8:
If a woman has received a khula (divorce initiated by the wife) but during her waiting period she returns to her husband, and the husband insists on a temporary marriage contract (mut’ah) with her, followed by the continuation of the divorce process, does she need to observe a three-month waiting period, or 45 days? Is the return to the previous waiting period valid, or is the third divorce now in effect? If the return is valid, can she remarry him without the need for a “muhallil” (a man who marries a divorced woman to make her permissible for her first husband)?

Answer:
She must observe the 45-day waiting period for temporary marriage (mut’ah). The return is valid, and there is no need for a “muhallil.”

Question 9:
If a husband wishes to use lian (the process for denying paternity) to prove his wife’s adultery, rather than presenting the testimony of four witnesses or her confession, does he need to have witnessed the act of adultery?

Answer:
The husband can only use lian to deny paternity if he can assert that he witnessed the complete act of intercourse.

Question 10:
What is meant by the prohibition of women wearing men’s clothes and vice versa? What types of clothing does this refer to?

Answer:
The prohibition applies to clothing worn publicly, which in general is regarded as masculine or feminine in nature. However, as long as it does not cause corruption or lead to improper gender identification in society, there is no issue with wearing such clothing.

Question: What is the ruling on listening to the laughter of an unrelated woman, both when it may or may not lead to corruption?

Answer: If there are no specific corrupting consequences, there is no harm in it.

Question: Sometimes a male student studies among a group of female students, or vice versa. Is studying in such a setting permissible, especially if not continuing studies under the current conditions would cause significant harm or delay in graduation?

Answer: If no sinful actions result from this, there is no objection. However, it is recommended that the authorities in an Islamic country, by observing the student community of both male and female students nationwide and gathering the necessary data, devise a plan to appropriately and freely separate male and female educational institutions so that such issues do not arise.

Question: Is it permissible for a woman to leave her house with makeup and adornments that attract attention, without any ill intentions?

Answer: It is not permissible to leave the house with unconventional or heavy makeup, but wearing normal and conventional makeup is not problematic.

Question: In French university environments, when interacting with female professors or female students, we are often forced to shake hands, as not doing so is seen as a sign of disrespect by Muslim students. What is the ruling on shaking hands with non-Muslim women?

Answer: It is necessary to embed Islamic culture among them so that the adherence to this Islamic rule and etiquette is not seen as disrespect. However, if gloves are worn, shaking hands is permissible.

Question: In what circumstances is conversation with an unrelated woman permissible?

Answer: If the intention is not to derive sexual pleasure or to indulge in temptation or sin, and the conversation is normal and appropriate, there is no objection.

Question: What should the dress code for a Muslim woman be when interacting with non-Muslim women?

Answer: It is obligatory for her to cover her private parts and the area of modesty. Revealing the rest of her body is not forbidden, although it is better if Muslim women do not expose their bodies to non-Muslim women.

Question: Is it permissible for men and women to act together in historical performances, especially if the performances include romantic or sexually suggestive dialogue?

Answer: Acting in roles of non-believers for educational purposes is not problematic, and performing dialogue that is sexual or suggestive but does not evoke such reactions in the audience is permissible.

Question: If, for precautionary reasons, a bride visits a female doctor to check her virginity, and if no female doctor is available, the bride visits a male doctor, is it permissible, considering the need for physical examination?

Answer: If neglecting this would cause problems or disagreements, it is permissible. In such cases, the examination should be conducted, as much as possible, by a female doctor, or if that is not possible, through indirect means, such as using gloves or similar methods.

Question: What is the ruling when a male student, without a commitment to performing religious obligations, instructs male students to examine sick women in the presence of female students? Disobeying this instruction could affect the student’s grade or acceptance.

Answer: This is not an emergency situation, and it is advisable to reasonably refuse to follow such instructions unless the examination of women is necessary for completing medical studies, in which case it would be permissible.

Question: What is meant by “temptation” and “pleasure”?

Answer: Temptation refers to the fear of falling into sin, and pleasure refers to sexual pleasure.

Question: If not covering the face with a veil or the hands up to the wrists causes corruption for a woman in society, does it become obligatory to cover them?

Answer: In such a case, it becomes obligatory to cover those areas. However, it is the responsibility of the authorities to control the corruption in a way that would not necessitate covering those parts. If corruption is inevitable, the woman should distance herself from such environments.

Question: It is said that a woman should cover herself in front of a child who has reached the age of discernment. How is the age of discernment identified for a boy?

Answer: It is not obligatory for a woman to cover herself from such a boy. The term “discernment” refers to the ability to understand sexual matters.

Question: Is it permissible for a woman to visit a male doctor who may need to look at or touch her, if a female doctor is available?

Answer: If it involves looking at areas other than the face and hands up to the wrist or physical contact, it is only permissible in cases of necessity. If a same-gender doctor is available, visiting a doctor of the opposite gender is not permissible.

Question: Is it permissible to use satellite programs that also contain useful content?

Answer: It is not problematic if the usage is deliberate and controllable.

Question: Does the use of satellite programs by children justify the installation of a satellite dish and its usage?

Answer: There is no distinction between children and adults in this matter. The risks apply equally to both groups, and if it is controllable, it is permissible.

Question: What is the ruling on mixed-gender schools in rural areas due to a shortage of classrooms?

Answer: In cases of necessity, and with proper Islamic guidelines in place, there is no objection. However, efforts should be made to separate these schools where possible.

Question: Is it permissible for a male tailor to sew women’s clothes?

Answer: It is permissible if it does not involve physical contact and does not lead to corruption.

Question: What is the ruling on men wearing short-sleeve shirts? Since wearing the Ihram, which is more revealing than short-sleeve shirts, is obligatory for pilgrims who circumambulate with women, does this create a contradiction?

Answer: Wearing short-sleeve shirts in a normal manner is not problematic for men. The obligation to wear Ihram is specific to pilgrims and is not in contradiction with the ruling on short-sleeve shirts.

Question: What is the ruling on women wearing clothing that only covers the torso in women-only sports spaces where no men are present?

Answer: There is no issue with this, unless specific corruption arises.

Question: What is the ruling on a man listening to a non-Muslim woman sing religious songs, provided the lyrics are not corruptive?

Answer: There is no objection to this.

Dancing

Q: As previously stated, dancing in itself is not inherently wrong and is permissible unless it leads to corruption. Is it allowed for women to dance among women or for men to dance among men, and does participating in such gatherings depend on the general ruling of that gathering, which was explained in earlier issues?

A: Dancing is permissible when it does not lead to corruption. For women dancing among women, or men dancing among men, it is permitted. Participation in such gatherings depends on the permissibility of the gathering itself, which has been discussed in earlier rulings.

Clapping and Applauding

Q: What is the ruling on clapping in gatherings celebrating the birthdays of the Infallible Imams (peace be upon them)?

A: Clapping, if not accompanied by improper actions, is not forbidden. However, it is necessary to maintain the sanctity of holy places like mosques and husseiniyas and avoid actions that may be inappropriate in such locations.

Q: Some reciters and praise singers at the birth celebrations of the Infallible Imams encourage the audience to clap. Is clapping in these gatherings allowed?

A: Clapping is not forbidden, but it is important to maintain respect and sanctity for places like mosques and husseiniyas.

Q: What is the ruling on hand waving (for celebrating or encouraging) in such gatherings?

A: If hand waving refers to dancing, the ruling on that has already been provided. If it is clapping to express joy or encourage, whether coordinated or not, it is permissible as long as the location, time, and individuals involved are appropriate.

Gambling

Q: What types of games are considered gambling? Recently, a game called “Romino” has become popular in certain areas and seems suspicious. Is it permissible to play this game?

A: What is commonly recognized as gambling among people is forbidden, and the details are explained in the book on “Gambling.” However, if a game seems suspicious, it is not necessarily prohibited. Just the fact that money or something else is wagered does not automatically make a game gambling.

Q: Is playing with playing cards (without gambling) allowed?

A: Playing cards are not considered gambling tools at present, and playing with them is not forbidden.

Q: What is the ruling on playing, buying, selling, and keeping gambling tools such as playing cards, backgammon, billiards, or other similar items if there is no intention of betting or gambling and they are only for fun?

A: Playing with these items, even with betting, is not forbidden at present as they are not considered gambling tools anymore.

Q: If someone forces others to place a bet with them, is it permissible to take the money or something else agreed upon in the bet? What if the bet is about a scholarly issue, such as agreeing that the loser buys something for a mosque or donates to a public place like a library?

A: These types of bets and the exchanges involved are not problematic and are allowed.

Q: There are institutions in Austria offering schemes where people can “easily make thirty thousand dollars.” The process involves a series of payments and promises. Is participating in such an institution permissible?

A: Establishing and operating such mafias or fruitless schemes is forbidden. Participation in such a scheme out of ignorance is a form of deceptive fraud aimed at taking others’ money. One should avoid such activities, as they lead to regret.

Chess and Billiards

Q: Is playing chess allowed in the present day? What about playing chess on a computer?

A: This game has moved beyond the realm of gambling and is now considered a mental sport. It is permissible, whether played with a computer or otherwise.

Q: What is the ruling on playing chess or with playing cards without gambling?

A: Playing with gambling tools is forbidden, even without gambling, but chess and playing cards are not considered gambling tools and are permissible.

Q: What is the ruling on the sport of billiards?

A: Billiards, whether played for fun or as a sport, even with monetary bets or other types of betting, is permissible. This is because these activities, if even considered gambling, do not involve dedicated gambling tools.

Boxing

Q: Is boxing permissible? What about football matches that result in one team losing? Is it permissible to award a prize from either of the two teams or a third party?

A: Boxing, while sometimes considered a dangerous sport, is not forbidden. Similarly, football and other similar sports allow for betting, either between the teams or by a third party. Awarding a prize without any contractual obligation is also permissible.

Sculpture

Q: What is the ruling on carving figures of living beings in full or relief form on wood or other materials?

A: It is not problematic unless it leads to corruption or promotes falsehood.

Q: What is the ruling on creating sculptures or paintings of humans or animals?

A: Sculpting and painting are permissible as long as they do not have a corrupting influence.

Q: What is the ruling on buying and selling various sculptures and dolls as toys or for decoration in homes?

A: The production and sale of these for use in play or as decoration is permissible.

Q: What is the ruling on creating full-body sculptures of humans or animals for public display, such as in city squares or parks, using public funds?

A: There is no issue with this if it serves a public interest.

Q: What is the ruling on creating or restoring statues of martyrs to commemorate their memory?

A: There is no issue with this.

Q: Is there a prohibition on sculpting or painting due to the association with idolatry and the worship of idols?

A: Sculpture and painting for artistic decoration or toys are permissible as long as they do not promote idolatry. However, if idol worship remains prevalent in certain societies, the prohibition remains in effect.

Q: What is the ruling on training and learning the arts of sculpture and painting at universities in Iran?

A: There is no issue with this. In fact, it is recommended to address cultural gaps in these areas.

Q: Is using sculpture to promote Islamic symbols allowed?

A: There is no issue with this, and the subject matter of the artwork is important. If the artwork resembles idol worship, it would become forbidden, just as it was in earlier times when idolatry was common.

Q: What is the ruling on producing, acquiring, and selling images or sculptures of naked women, or group dancers in various artistic forms like miniatures or tiles, and displaying them in homes or stores?

A: If it promotes corruption or dishonours religious symbols, it is not permissible. However, if the images are intended for the tiles or other materials, with no corrupting intent, it is permissible.

Backbiting

Q: What is the meaning of backbiting?

A: Backbiting refers to mentioning the flaws of a fellow believer in their absence. Even if a statement about someone would cause them distress if they were present, it constitutes backbiting. However, in certain cases, such as in consultation or reforming disputes, it is permissible.

Q: If someone says, “If you do that, everyone will speak ill of you,” is using “everyone” backbiting?

A: This statement is not considered backbiting.

Q: What should one do if someone is excessively cautious and accuses others of backbiting over the smallest remarks?

A: One should counsel them, and if they do not improve, they are considered ill, as people should not be accused of forbidden actions without cause.

Q: Is it permissible to backbite someone who has committed an offense, such as a government official or employee?

A: If the purpose is to prevent wrongdoing or correct an injustice and it does not spread badness, it is permissible.

Q: Is discussing political matters, where individuals knowingly or unknowingly accuse others, considered backbiting?

A: Constructive and positive criticism of social issues, if not aimed at spreading negative traits or defaming others, is not considered backbiting.

Lying

Q: Is it permissible to write fictional stories that are not true but serve an educational purpose?

A: As these stories are for educational and imaginative purposes, there is no issue.

Q: Is lying allowed for amusement or for the sake of expedience?

A: Lying is a major sin and the root of many other sins. Even for amusement or expedience, it is forbidden. In exceptional cases, such as reconciling between parties or saving a Muslim’s life, lying may be permitted, but only in rare and limited circumstances.

Q: If someone has paid off their debt or if the creditor has forgiven the debt, but later claims it again, can the debtor use ambiguity (tauriya) to avoid the claim, such as saying they haven’t received the debt?

A: If the only way to resolve the matter is through ambiguity and necessity dictates it, it is permissible.

Hypnosis

Q: Is hypnosis real, and is it permissible?

A: Hypnosis exists in reality, but many claims regarding it are exaggerated. If it does not lead to corruption, there is no issue with performing it, even if it involves hearing news about the past or future.

Cigarettes

Q: Some have declared cigarettes forbidden. What is the ruling on smoking?

A: Although smoking is harmful, it is not forbidden.

Shaving the Beard

Q: Do the hadiths that liken shaving the beard to mutilation indicate that it is forbidden?

A: These hadiths refer to cases where someone is forced to shave someone else’s beard. If a person agrees to shave their own beard, it does not fall under the category of mutilation. However, shaving the beard is discouraged.

Q: What is the ruling on shaving facial hair with a razor or electric shaver?

A: Shaving the face is forbidden, but shaving the neck and areas below the chin is permissible, as it is considered part of personal hygiene and is a characteristic of a believer.

Q: Does shaving part of the beard for cosmetic purposes (e.g., “professor-style”) have any issues?

A: Shaving the sides of the face while leaving the chin and around it intact is problematic.

Q: Is it permissible to backbite someone who shaves their beard in this way?

A: It is not permissible to backbite anyone over this action, even if no scholar has explicitly permitted shaving the beard. Historically, no prominent Shia scholar has ruled that shaving the beard is permissible. While it remains forbidden, backbiting over this matter is not justified.

Facial Hair and Shaving

Q: A person in their early youth has sparse facial hair, and some areas of their face are hairless. Is it forbidden to shave the face with the intention of making the facial hair grow thicker and fill in the bald spots?

A: If the facial hair of a young person is sparse to the extent that it cannot be considered a beard, there is no prohibition on shaving it.

Q: Is it permissible to buy and sell shaving cream?

A: The buying and selling of shaving cream, as it has lawful uses, is not problematic.

Mourning and Passion Plays

Q: Is there an issue with passion plays (Taziyeh) and role-playing, and if not, is it permissible for a man to wear women’s clothing during a passion play and perform in her place? Also, is the use of trumpets, drums, and tambourines in these performances forbidden?

A: Passion plays, as long as they do not involve falsehood or insult the dignity of Imam Hussein (AS) or other holy figures, are permissible. Wearing women’s clothing by men, or vice versa, is allowed if it does not cause disgrace or is not obvious. Similarly, the use of musical instruments, as long as they are appropriate and in line with the conditions, is also permissible.

Q: Is it permissible to perform a passion play – a religious performance about the events of Ashura or the 40th day of Imam Hussein’s martyrdom?

A: If the performance does not involve anything contrary to Islamic law, does not dishonor sacred matters, and helps in spreading awareness and promoting the message, there is no issue with it.

Q: What are the conditions for individuals who wish to play the roles of the Holy Imams (AS) in a passion play?

A: Those playing the roles of the Holy Imams must be reputable and strive to maintain accuracy, avoid disgrace, and portray the characters in a respectful and appropriate manner to ensure the performance is as natural as possible.

Q: In some regions, there are customs where people follow certain traditions, such as the horse of Hazrat Abbas (AS) charging at people or the palm or hands of Hazrat Imam Hussein (AS) or certain notable individuals being stuck in a pot. Sometimes these individuals make specific movements, scaring women and children, causing the flag to rise, suggesting that whoever is struck by the flag is evil. Is this permissible?

A: Mourning is an important act for strengthening faith and raising awareness. Introducing incorrect practices into it leads to counterproductive outcomes. Such customs should be avoided. The Islamic system must take measures to clarify and eliminate distortions. Although mourning for the family of Prophet Muhammad (PBUH) is one of the most virtuous acts of worship, it should not be conducted in a way that leads to disrespect for the religion or causes religious violence in the eyes of others. It is necessary to avoid anything that undermines these rituals.

Q: If mourning ceremonies or passion plays cause public disorder or disrupt prayer or lectures, is it permissible to carry them out?

A: If a passion play involves any of the aforementioned issues, it is not permissible. People and authorities must work towards making these religious and traditional ceremonies healthier.

Q: Is it permissible to use a symbol resembling a cross carried in front of a mourning procession?

A: These symbols do not resemble a cross, but it is better to conduct mourning ceremonies as simply as possible. Heavy symbols, which were once carried by strongmen, no longer serve a useful purpose. It is recommended to avoid carrying them or to design them in a variety of lightweight forms.

Q: Is it permissible to give money to mourners who, in their poems or speeches, mention baseless calamities or perform with singing?

A: Payment should be made for lawful work, and efforts should be made to prevent unlawful practices by replacing those who engage in them. This will reduce the emergence of such individuals and inappropriate forms of mourning.

Q: What is the ruling on female mourners or praise singers using loudspeakers, which attract all listeners?

A: If the performance is natural and not provocative or inappropriate, there is no issue.

Miscellaneous Social Issues

Q: What is the nature of retirement and the rights associated with it?

A: Retirement is considered a new contract and is one of the modern types of contracts, governed by the terms of an agreement. It should meet the general conditions of a contract, i.e., both parties must be sane, mature, and free to act. The ambiguities in retirement contracts do not pose a problem as they are rational rather than foolish in nature. In fact, this contract is similar to an insurance agreement and can be accepted as an independent contract, falling under the Quranic verse: “Fulfil your contracts.” (5:1)

Q: Is it a legal and religious right to respect turn-taking in matters where people are handled in an orderly manner, and is violating it prohibited?

A: Turn-taking is considered a rational right, and violating it is a form of injustice, unless an exception is made by general custom, such as in the case of an emergency.

Q: On which days of the week is it inappropriate to visit a sick person?

A: There is no difference between days in this respect. The visit should be timed in a way that brings joy to the patient and does not cause any inconvenience to them or their relatives.

Q: Is a picture of the Prophet Muhammad (PBUH) sold in markets considered legitimate?

A: There is no valid evidence to support the legitimacy of such pictures or others that are circulated. As they are imaginary depictions, there is no issue with them. However, it is advisable not to encourage or pursue such matters.

Q: I am not sure whether you are referring to the cases of severing family ties, and it is unclear if your father truly expressed such a statement. Regardless of the permissibility of your departure, it is considered an act of selflessness and a charitable action.

A: Severing family ties is prohibited in Islam. However, it is important to note that such acts are not absolute, and your father’s statement may not have been uttered with clear intent or authority. Even if you take such a step, it would still be an act of charity and a form of selflessness.

Q: My father committed numerous mistakes during his lifetime, and I believe he was unjust or corrupt. I do not see him deserving of any charitable acts, nor do I consider myself obligated in any way to him. I have never performed any act of kindness towards him. What is my duty in this regard?

A: Your father, regardless of his actions, has passed away, and his deeds in this world are now concluded. Since he was a Muslim, he deserves compassion. Pray to God for his forgiveness. Remember, even if your father was sinful, he still holds rights over you as a child, and you should not speak of him in harsh terms. Islam encourages maintaining family bonds, especially the bond with one’s parents, even if they were imperfect.

Q: Is it permissible to transfer a deceased body to the holy shrines of the Imams?

A: It is not necessary to perform such a transfer, and in fact, it should be avoided unless there is a specific benefit or reason for doing so.

Q: Is it permissible to construct replicas of the graves of the Holy Imams using wood and stone?

A: There is no objection to constructing such replicas, as long as they do not contradict the principles of Islamic law.

Q: In his book Mafatih al-Jinan, Sheikh Abbas Qumi narrates from Imam Ja’far al-Sadiq that “Reciting poetry is disliked for those fasting, in the state of Ihram, in the sanctuary, on Fridays, and at night, even if the poetry is true.” How is this to be understood in terms of Islamic law?

A: This matter has been mentioned in an authentic narration. Imam Ja’far al-Sadiq stated that reciting poetry is disliked (makruh) for those fasting, for those in the state of Ihram, in the holy sanctuary, on Fridays, and at night, even if the poetry is righteous. It is possible that secondary conditions or the nature of these moments necessitate this ruling, emphasizing the importance of devoting oneself to spiritual and religious matters during these times.

Q: In large cities, female passengers often have to sit in the front seat of taxis next to men, due to a lack of space. What is the ruling on this?

A: While physical contact through clothing is not inherently unlawful, if such an arrangement could lead to corruption or improper behavior, then it is prohibited.

Q: Is it permissible to use the telephones of governmental organizations or vehicles during non-working hours for personal activities, such as visiting the sick or attending funerals or religious talks?

A: This is not permissible unless it has been authorized by the responsible officials who uphold the public interest.

Q: What should be done with magazines and newspapers containing verses from the Quran that cannot be stored properly?

A: They should not be disposed of by burning or throwing them into rivers. Instead, they should be handed over to institutions that can recycle them into paper or similar products.

Q: Is there a criterion for identifying truthful dreams, and how can a truthful dream be distinguished from others?

A: The criteria for recognizing truthful dreams lies with the person who experiences the dream and the dream interpreter. The dreams should be presented to an expert interpreter who can provide an accurate interpretation. We have a book titled The Principles and Rules of Dream Interpretation for further guidance.

Q: Does Islam provide a clear definition of maintaining family ties (Silat ar-Rahim), and what boundaries are outlined in the texts and narrations regarding the extent of this?

A: Maintaining family ties refers to staying connected and supporting family members within reasonable limits. The closer the relationship, the greater the responsibility to maintain stronger ties.

Q: Is it permissible to kill or dry animals for decorative purposes?

A: If the act causes harm or distress to the animals, it is prohibited, irrespective of whether the animals are harmful or not. Additionally, if the animals in question have flowing blood and are not slaughtered according to Islamic rules, any contact with their wet bodies renders them impure (najis).

Q: What is the concept of Taqiya?

A: Taqiya refers to concealing one’s beliefs in situations where expressing them would result in significant harm or danger. In such cases, it becomes obligatory to practice Taqiya to protect oneself.

Q: Is it mandatory to build earthquake-resistant homes?

A: Yes, because God has entrusted humans with the responsibility of safeguarding themselves from dangers, and it is their duty to take necessary precautions to protect themselves from potential risks.

Q: Can the Prophet Muhammad (PBUH) and the Imams (AS) bring the dead back to life?

A: Yes, they possess the power to do so, as evidenced in the Quran regarding Prophet Jesus (AS), who was capable of reviving the dead. This power extends even further in the case of the Infallible Imams.

Q: Is it religiously permissible to recite poems that attribute the divine name (Allah) to the Holy Household (Ahl al-Bayt)?

A: Such expressions are not suitable for those who follow the teachings of the Holy Household. It is necessary to remind such individuals that there are more appropriate and respectful ways to honour the Holy Imams without resorting to expressions that may sound exaggerated or irreverent.

Q: Is it permissible to burn Quranic texts that are torn or no longer usable, and should their ashes be buried?

A: It is not permissible to burn such texts. Instead, they should be handed over to a facility that can recycle them into new paper products. If someone has burned the Quranic texts, they should be reminded not to repeat this and should repent for their actions.

Q: If a father forbids his child from attending a Quranic session, is the child’s obedience to this request necessary?

A: Obeying the father in this case is not obligatory unless there are specific moral or practical complications. However, it is recommended to seek the father’s approval and try to gain his consent.

Q: Is it permissible to take payment for teaching the Quran?

A: Yes, it is permissible.

Q: If someone strikes a twelve-year-old child who has not yet reached puberty, should the person who inflicted the harm seek forgiveness from the child or from the child’s parents?

A: The person must seek forgiveness from the child’s parents.

Medical Rulings: Diagnosis and Treatment

Q: If a diagnosis is made correctly but the necessary medication is unavailable or too expensive for the patient to afford, is the doctor responsible for acquiring the medication for the patient?

A: The doctor is not responsible for obtaining the medication unless it is uniquely within the doctor’s capability to do so.

Q: If a doctor fails to diagnose a condition correctly due to the wide range of symptoms, and the patient worsens or dies, should the doctor be held responsible if a referral to a specialist was possible?

A: The doctor is not responsible for the failure to prescribe medication, but it is their duty to refer the patient to a specialist.

Q: If a doctor fails to conduct necessary tests due to the patient’s inability to pay for them or lack of time, what is the doctor’s duty?

A: If the diagnosis cannot be made without the necessary tests, the doctor must refrain from prescribing medication until the tests are conducted. However, if the tests are for further assurance, the doctor may proceed with prescribing medication.

Q: If a doctor knows that a patient will soon die due to a particular illness, is it permissible for the doctor to use aggressive treatment methods like chemotherapy, despite the potential side effects?

A: It is permissible to use chemotherapy if it aligns with medical practice, as the goal is to prolong life or alleviate suffering, and such decisions should be made according to the doctor’s best judgment.

Q: If a doctor prescribes medication or treatment that may have harmful side effects to expedite recovery or reduce costs, should the doctor be responsible if the treatment causes harm?

A: The doctor must follow standard medical practices, even if the less risky treatment may take longer or cost more. The well-being of the patient should always be the priority.

Q: If a doctor prescribes harmful medication at the request of the patient, and the patient suffers harm, who is responsible?

A: The doctor is responsible for the harm caused by prescribing dangerous medication, even if the patient requested it. The doctor cannot justify harmful treatment based solely on the patient’s request.

Q: If a patient experiences a severe allergic reaction due to a medication prescribed by the doctor, is the doctor responsible for the consequences?

A: If the doctor had no other viable options and the situation was an emergency, then the doctor is not responsible. However, if there were alternatives available, the doctor would be accountable for the reaction.

Q: If a doctor prescribes a treatment that may cause harm but is deemed necessary for the patient’s survival, is the doctor responsible for any subsequent harm?

A: If the treatment was the only option available and its benefits outweigh the risks, the doctor is not responsible for the side effects, as long as the risks

Q: Actions performed by the doctor that are in line with medical customs are not subject to liability, nor is prior consent required, and it is not necessary to obtain a signed consent form or questionnaire, although such documents may be useful in court.

Q: If a patient is completely unconscious and there is no adult or minor relative available, and the patient’s life is at immediate risk, what should be done to obtain consent and meet the conditions that release the doctor from liability? Can the doctor take any necessary actions based on medical duty without consent? If an error results in accelerating the patient’s death through ineffective actions, does the treating doctor bear responsibility? If, out of fear of the treatment’s ineffectiveness and contributing to the patient’s death, the doctor refrains from acting, does the doctor bear responsibility, especially since sometimes death may occur naturally, but the doctor might be mistakenly blamed for the cause of death?

A: If an examination, prescription, or any other medical procedure is necessary, the doctor does not require consent.

Q: If the patient or their guardian assumes the risks, can the doctor discontinue treatment?

A: If the patient is not at risk, there is no problem.

Q: Given new medical discoveries and research introducing new diagnostic or therapeutic methods, as well as new drugs or food substances for various diseases, some older methods or drugs are now considered completely ineffective, harmful, and useless. Is the doctor liable for the side effects or unnecessary costs arising from previously proposed methods?

A: If the action is in accordance with medical custom, there is no issue, and the doctor is not liable.

Q: If new medical discoveries reach the doctor much later than their discovery and, before receiving this information, the doctor continues to use old methods, is the doctor liable for the side effects or unnecessary costs arising from these old methods?

A: A delay in the arrival of new medical discoveries to a region or country does not create responsibility for the doctor.

Q: Given the evolution of scientific knowledge, is it possible for doctors to be taught old methods during their student years, let alone new methods? Can doctors rely solely on previous methods, or should they learn as much as possible given their limited time? If a doctor fails to learn important new matters, do they bear responsibility?

A: A doctor must make every effort to learn the latest medical data, and they are not liable beyond that.

Q: If a doctor does not receive new information due to a lack of resources and is never aware of it, who is responsible for the ineffectiveness of the old methods?

A: This responsibility lies with the relevant authorities in the country.

Q: If a skilled and competent doctor performs surgery without negligence, but harm occurs to the patient during the procedure, what is the doctor’s liability in the following cases:

1. If the doctor proceeds with the procedure without patient or guardian consent?
2. If the doctor negligently fails to obtain consent?
3. If the patient is in a coma or unconscious and the doctor is unable to contact the patient’s relatives, and delay would put the patient’s life in jeopardy?
4. If delay leads to the loss or damage of a limb, what is the ruling?
5. If compensation (diyah) is to be paid, who is responsible?

A: The fact that the patient places themselves in the care of the doctor is considered consent, and the doctor does not need to obtain further consent from the patient, guardian, or religious authority. If the medical custom has not been substantially neglected, the doctor has no responsibility.

Q: If a skilled doctor causes harm to a patient due to an incorrect diagnosis, does the doctor need to pay compensation, and who is responsible?

A: If the doctor negligently fails to follow medical custom, the doctor is responsible and must compensate the patient.

Q: If a doctor’s negligence during surgery causes harm to the patient, what is the liability?

1. Is the doctor responsible for paying diyah (blood money)?
2. If surgery for the heart is required due to negligence, does the doctor have to pay for the additional procedure or is the doctor only liable for the diyah?
3. If negligence leads to the patient’s death, what type of killing is this considered?

A:

1. Yes, the doctor is liable.
2. The doctor is only responsible for the diyah, not additional costs.
3. It is considered semi-intentional homicide (qatal shibh al-‘amd).

Q: If an injection is administered to a patient and it causes their death, how should the following cases be treated?

1. If the injection was administered by a knowledgeable specialist but with an error?
2. If the injection was administered by an unqualified person?
3. If the injection was administered by a skilled doctor but with negligence?

A: The responsibility for the injection lies with the injector. If the injector is a qualified specialist, they are not liable. However, if there is negligence or lack of sufficient expertise, they are liable.

Q: Does the use of non-edible items, such as dental instruments, in the mouth invalidate the fast?

A: It does not invalidate the fast, unless moisture from the mouth comes into contact with the object and is returned to the mouth, and if it is significant enough that it does not dissolve in the saliva and is swallowed.

Q: Is alcohol, used for disinfection after injections, impure?

A: It is pure, unless mixed with blood.

Q: Can a doctor, when entering into a treatment contract with a patient, waive any liability for potential harm that may occur during the treatment, such that no legal responsibility falls upon them or their family?

A: This condition is not valid if the doctor does not neglect their efforts. A doctor is not responsible for potential hazards, and by entrusting themselves to the doctor, the patient implicitly agrees to such conditions.

Q: If a judge orders a woman to be examined to determine the paternity of the fetus in her womb, and the doctor is able to definitively identify that the fetus is not the husband’s but belongs to another man, what is the doctor’s responsibility if revealing this information could lead to harm, such as family members of the woman unjustly killing her husband?

A: The doctor’s certainty does not hold legal authority over the judge in such cases, and even the judge’s certainty, based on this information, is not binding. However, the doctor must not conceal the truth, as doing so would constitute a betrayal. It is the judge’s responsibility to act according to presumed legal findings in such a case.

Q: Regarding a person who has gone on a hunger strike and is at risk of death or severe harm, and the only way to save them is through forced feeding by a doctor, what are the doctor’s obligations?

1. Is the doctor’s action obligatory, or can they refrain from intervention?
2. If forced feeding is necessary, and it can only be carried out through physical force, how much force is permissible?
3. If the forced feeding causes skin discoloration, leading to a blood price (diyyah), who is responsible for paying this?
4. Does the obligation of the doctor change if the hunger striker is aware that their actions may lead to death versus if they are unaware of the consequences?
5. What is the doctor’s responsibility if they are forced to intervene, not to preserve the hunger striker’s life, but to elicit a confession?

A:

1. In cases where the life of the individual is at risk, it is obligatory for the doctor and other Muslims, provided the intervention is free from cruelty.
2. Torture and physical force are never permissible, and there is no obligation for forced feeding.
3. The person causing harm would be responsible for paying the blood price, and they would be complicit in the sin.
4. There is no difference in duty, regardless of the individual’s awareness of the consequences.
5. Such actions are not within the doctor’s professional duty, and the doctor should not allow their noble profession to be tainted by such actions.

Q: If two injured people are brought to a hospital, both in a life-threatening condition, and one of them is a member of the doctor’s family, what should the doctor do if treating one would result in the death of the other?

1. If the doctor has no religious obligation to treat the family member, what is the ruling?
2. If the doctor has a religious duty towards the family member, what is the ruling?
3. If the family member’s condition is serious, but the other injured person is at greater risk, what should the doctor do?

A:

1. In the first and second cases, if both patients are equally at risk, the doctor may choose which patient to treat. However, if the doctor has a religious duty to treat the family member, they should prioritise that individual.
2. In the case where the doctor has a religious obligation, the family member should be treated first.
3. If one patient is at greater risk of death, the doctor should prioritise the one with the more immediate danger.

Q: If a patient reveals certain confidential details to a doctor, which may benefit the patient and their family if kept private, but disclosing them would benefit society, what is the doctor’s duty?

A: The doctor is only required to disclose information to the relevant authorities if doing so would protect the public interest.

Q: If a cancer patient is known to have an untreatable condition, but revealing this to the patient and their family would cause psychological harm and unnecessary expenditure on ineffective treatment, what is the doctor’s duty?

A: In such cases, it is not obligatory to withhold the truth. The doctor should disclose the information to the family to prevent unnecessary harm.

Q: If a young man undergoing pre-marital testing is found to have a communicable disease and is also known to be addicted to drugs, and revealing this would expose his private matters but also protect the potential spouse from harm, what is the doctor’s responsibility?

A: In cases of medical consultations, confidentiality is not permitted, and the doctor must disclose the information to protect the public and prevent harm.

Q: If a sum of money could either be used to treat a heart disease patient or ten others with different conditions, what is the doctor’s duty in this case?

A: If the heart patient’s life is at immediate risk, they should be prioritised. Otherwise, the doctor should act according to the severity of each individual’s condition.

Q: What is the ruling on using human subjects for medical experiments or studies? Is it permissible to use a control group of healthy individuals, and is the use of placebos ethically acceptable?

A: Using dangerous medications without patient consent is not permissible, even with informed consent. Placebos are permissible if they do not have harmful effects. However, experimenting on prisoners or those condemned to death without their consent is not allowed.

Q: What is the ruling on a male patient being examined by a female doctor if no male doctor is available?

A: Such an examination is only permissible in cases of necessity, where a male doctor is not available, and no forbidden touching or gaze is involved.

Q: Is it permissible for medical students to use public hospital resources for personal or educational purposes, given that these resources are funded by public funds or patient fees?

A: The use of such resources is permissible, provided it is in accordance with the hospital’s regulations and there is no misuse of public funds.

Q: If a woman unknowingly had an intrauterine device (IUD) inserted in a non-emergency situation, which involves prohibited viewing or touching, should she remove it now that she is aware of its unlawfulness?

A: As long as it is not necessary to remove the device immediately, it can remain in place. However, future examinations should only occur if necessary, with consideration of the prohibited acts.

Q: Is it obligatory for a mother to protect the health of her fetus and ensure its well-being during pregnancy?

A: The mother is obliged to protect her fetus as long as it does not cause her severe hardship.

Q: Is it permissible for a doctor or nurse to advise a patient to break their fast or refrain from physical movement or water use during prayers if it is in the patient’s best interest?

A: If there is a genuine risk to the patient’s health, the doctor’s advice is considered a legitimate religious exemption for the patient.

Q: If a patient has the option of choosing a male or female doctor, what is the ruling if both are equally competent?

A: If there is no difference in the quality of care provided, the patient may choose to see the opposite gender doctor if required.

Q: In medical education settings where students perform physical examinations as part of their learning, what is the ruling on this practice?

A: Such examinations are permissible only if they are necessary for the students’ education and if it is essential for the proper care of patients.

Q: If a male and female medical student are required to assist in procedures such as childbirth or abortion, what is the ruling?

A: These procedures are permissible only if necessary for the education of medical students and if it is essential for patient care.

Q: Is it acceptable for a nurse of the opposite gender to take a patient’s blood pressure, pulse, or carry out medical orders?

A: In cases of necessity, it is permissible for medical staff of the opposite gender to carry out these tasks.

Q: What is the ruling if the lack of medical staff forces a hospital to use nurses of the opposite gender to attend to patients?

A: If the hospital is reliable and the necessity is proven, this is permissible.

Q: In the case of brain death, where a patient is being kept alive artificially and no hope of recovery exists, what are the legal, financial, and medical implications?

A: A brain-dead person is considered to have died, and medical treatment or life support is not required. However, certain legal implications regarding inheritance and marital status apply until the body is no longer functioning.

Q: Is it obligatory for an individual to choose between studying in a religious seminary or a university?

A: The choice between a religious seminary and a university depends on the individual’s conditions, characteristics, and interests, as different people have different aptitudes.

Q: Is parental consent required for a person to choose a religious career and wear the religious attire of a scholar?

A: Parental consent is not obligatory for pursuing a religious career, but it is preferable to avoid causing harm or distress to them.

Q: Is it permissible for a student to kiss the hand of a religious teacher as a gesture of respect?

Q: If a guarantor has agreed to ensure that, if the debtor fails to repay their debt or is unable to pay it, the creditor can collect the debt from the guarantor, is the guarantee valid?

A: Yes, the guarantee is valid. In this type of guarantee, referred to as “the guarantee of one’s responsibility (ذمّه) to another’s responsibility (ذمّه),” the creditor can recover the debt directly from the guarantor.

Q: If a person, acting as the agent of a natural or legal entity, discovers that their principal intends to unlawfully seize an asset belonging to the opposing party in the principal’s lawsuit, is the agent responsible?

A: If the agent knows that the principal does not have the right to seize the asset, the agent should not defend them or transfer something unlawfully from another to the principal. The agent’s duty, if based on a contract, is only valid if the agent is working to ensure justice is upheld.

Q: If, in a situation where human duty and the prevention of injustice to the opposing party in the principal’s lawsuit demand it, the agent offers guidance or advice to the opposing party, and feels that if they resign from the case, another agent will take over and, as a result, the legal right of the opposing party will be unjustly lost—such that the entirety of the opposing party’s lifetime work is ruined—what should the agent’s duty be towards both the principal and the opposing party?

A: It is permissible and even necessary to offer guidance to the wronged party in such circumstances. This cannot be considered betrayal, even though the principal may be acting legally. However, in such cases, the agent cannot receive any fee for their service.

Q: If a creditor’s claim is settled, is the surety contract nullified, or does the surety remain bound and need to take action to dissolve their guarantee?

A: In this case, the suretyship contract is considered terminated.

Q: If a debtor assigns their debt to a third party and the creditor accepts this, can the creditor cancel the assignment and revert to the original debtor?

A: If the creditor accepts the assignment and the conditions of assignment are met, the new debtor assumes the responsibility. The original debtor is now free from the debt, and the creditor cannot claim the debt from them.

Q: Can banks charge a late payment fee for loans based on expediency and time-sensitive circumstances?

A: Given that the current banking system is flawed, charging such fees is not permissible unless explicitly stated within a legally binding contract.

Q: If, due to delayed payment, the creditor incurs direct damage, is it permissible to charge for such damages?

A: No, it is not permissible to charge for such damages.

Q: If late payment damages are included as a condition within a contract, is it permissible to charge for these damages?

A: Yes, it is permissible.

Q: If a bank imposes a penalty for delayed repayment of a loan, is it allowed to collect money for such a penalty?

A: This is not permissible unless it is a condition explicitly included within the contract.

Q: If a person borrows money due to personal difficulties and the lender stipulates that the loan is contingent upon selling wheat at a certain price when harvested, and this is agreed upon, but the time for harvest and price are uncertain, what is the ruling regarding taking the money?

A: The transaction itself is not problematic, but the condition is not binding.

Q: If someone borrows an item and that item is damaged or lost during use, are they liable for it?

A: If the borrower fails to take reasonable care of the item or if the lender has made a condition of guarantee, meaning the borrower is liable in case of loss or damage, then the borrower is responsible. Otherwise, the borrower is not liable.

Q: Can a person who wishes to take a loan for a specified term settle a certain amount with the lender in a contract and, as part of the agreement, stipulate the loan terms (for example, paying 50,000 to the lender in exchange for a loan of 200,000 in ten monthly installments)?

A: This is permissible.

Q: Is a deposit or entrusted item subject to guarantee?

A: Anyone accepting a deposit must ensure it is kept in an appropriate place and manner. If the item is left in an inappropriate place and is lost, the person accepting the deposit is liable. However, if they have been careful and the item is lost due to an accident, they are not liable.

Q: If someone gifts a Qur’an to another person, can they take it back?

A: If the gift was made with the intention of charity or for religious purposes, it cannot be taken back once it has been given.

Q: In a “hiba” (gift), does the recipient automatically become the owner just by accepting the gift, or must they also take possession of the item?

A: In a hiba, both the acceptance and the physical delivery of the gift are necessary for the recipient to become the owner. The giver retains ownership until delivery has occurred.

Q: Can a woman give charity from her own personal funds without her husband’s permission, or must she obtain his consent?

A: A woman can give charity or make voluntary donations from her personal funds without her husband’s consent, as long as it does not conflict with her husband’s rights or duties.

Q: If a person swears an oath before God to do something but fails to do so within the specified time, what is their obligation?

A: If a person breaks their oath, they have committed a sin and must expiate it by feeding or clothing ten poor people. If they cannot afford this, they must fast for three days.

Q: Some individuals make vows to perform certain acts in specific places, such as pilgrim sites or shrines of saints, and then spend the money on charitable acts. Is this permissible?

A: Such vows are not problematic as long as the intent is to show reverence for the saints or religious figures. However, one should be cautious not to inadvertently create a controversial or disputed association with those sites. The use of funds should always be directed towards lawful and beneficial purposes.

Q: If someone has vowed a certain act but now doubts the location or manner of fulfilling it, what should they do?

A: If the vow involves a specific sum and is related to a particular location, it is advisable to carry it out in any of the options available, or if the amount is significant, to draw lots to decide the location.

Q: A couple has vowed to sacrifice an animal for their son if they are granted a son. However, performing this act might be seen as a derogation of the Shi’ite mourning practices for Imam Hussain and could lead to misuse by enemies of Islam. Is it necessary for them to fulfill this vow?

A: Vows must pertain to the individual who made them. The act of fulfilling a vow must not be harmful or disrespectful to religious practices. If fulfilling this vow could cause controversy or be misused by others, it is not permitted.

Q1: Based on the content of the question regarding waqf (charitable endowment) for children, is there a Shi’a opinion that provides assurance that the ownership of the property belongs to the children of the individual and that subsequent actions have no validity? This is because the ownership document is baseless, and the construction of a mosque in this context is not permissible according to Islamic law.

A1: It is necessary to promptly take steps to officially register the waqf. If the original waqf is confirmed and the heirs have accepted it, but its extent is unclear, only one-third of it is valid. The income from it should be distributed equally for the purposes that are presumed to have been intended for its use. If the property becomes available, it should only be used for that intended purpose.

Q2: A house is an endowment (waqf) where a mourning ceremony is held annually, but unfortunately, the deed of waqf that specifies the details of the endowment is unavailable for registration. Some people consider one-third of the property to be waqf, while others believe it is waqf for the children of the individual. As I am responsible for the religious administration of the property, what should I do to carry out my religious duties properly and proceed with the registration?

A2: Immediate action should be taken to register it. If the waqf itself is confirmed and the heirs accept it, but the amount is not specified, only one-third of it is effective. The income should be equally divided for the presumed expenses for which the waqf was intended. If the property is acquired, it should be used solely for these expenses.

Q3: Some of the occupiers of the waqfs are poor, needy, and sometimes from the families of martyrs and veterans. Is it permissible for the waqf authorities to reduce the rent for such individuals in contrast to the original intent of the waqf?

A3: It is not permissible to use the waqf for purposes other than the original intent, even by the waqf authorities, unless the tenants in question are among those for whom the waqf was intended.

Q4: A piece of land has been endowed (waqf) for the male children of an individual. Can these children exchange this land for another piece of land they own, considering that the new land would provide more benefits and better opportunities for utilization?

A4: In this case, the exchange is not permissible. If the land is traded, the transaction will be invalid unless the utilization or benefit from the waqf land becomes impossible, rendering it ineffective for those for whom it was intended.

Q5: Is it permissible to demolish old water reservoirs (cisterns) that are no longer needed and replace them with a Quranic school (Dar al-Quran)?

A5: This is permissible. However, in the case of the Quranic education of the needy, no fees should be charged for the educational space.

Q6: Can the Qur’ans and prayer books from a mosque that is being demolished be used in another mosque in the same town or village? Furthermore, if a mosque containing Qur’ans is destroyed and leaving them there would lead to disrespect, is it permissible for Muslims to take them to their homes and occasionally recite from them?

A6: If the mosque is not being reconstructed, the Qur’ans should be transferred to the nearest mosque, whether within the same area or in other villages. If the mosque is rebuilt, they should be returned to the same mosque.

Q7: What is the ruling on associating with individuals who are suspected of collaborating with enemies of Islam?

A7: If the individual does not play a significant or positive role among such people, it is obligatory to avoid their company.

Q8: Is it permissible to equate the violation of the laws of the Islamic Republic of Iran with violations of divine laws?

A8: If the legal processes have been properly followed, the laws are rooted in divine principles.

Q9: Recently, some young people have adopted hairstyles and clothing styles associated with rap and heavy metal culture, which originate from European countries and foreign lands. Given that these styles are considered as imitating non-Muslim cultures, is it forbidden to follow them?

A9: Since these practices are part of the corrupt culture of foreigners, Muslims should refrain from them and preserve their own social and religious culture.

Q10: What is the ruling on the internal conflicts in Afghanistan under the current circumstances?

A10: War among Muslims is deeply regrettable, and it must be halted. Political and social issues should be resolved through friendly negotiations and forgiveness.

Q11: What is the scope of the jurist’s (faqih’s) authority in the realm of governance? Can they intervene in the personal lives of individuals, or are they lawfully entitled to govern the Islamic system?

A11: A faqih, provided they possess all the necessary conditions such as knowledge and justice, has lawful authority over the community and the people. Given the essential condition of justice, they do not oppress, and with the necessary level of scholarly insight, their judgment is rarely mistaken. However, they will not interfere in personal matters of individuals, just as the Prophet and the Imams did not meddle in the personal affairs of the people despite having complete authority.

Q12: Is the intention of seeking proximity to God (niyyah) a necessary condition for performing the religious duty of enjoining good and forbidding evil?

A12: The intention of seeking closeness to God is not a strict condition for this task, but if it is considered, the individual will gain the reward. Even without this intention, fulfilling the duty is sufficient, and the individual will receive a reward.

Q13: Is it permissible to sever ties with individuals who consistently engage in inappropriate and immoral behavior, even after being admonished, and whose actions have not changed?

A13: It is not appropriate to sever ties if doing so would not prevent the immoral behavior. The relationship should only be severed if it leads to refraining from the wrongdoing.

Q14: Is it permissible to sever ties with relatives who are indifferent to Islamic financial laws, commit unlawful actions, and remain unaffected by enjoining good and forbidding evil?

A14: If severing ties will not lead to their awakening, it should be avoided.

Q15: If enjoining good and forbidding evil in an office leads to the individual losing benefits such as overtime pay or other rewards, is it still obligatory to perform this task?

A15: If performing this task causes significant harm or loss, it is not obligatory to carry it out.

Q16: Can a person who misreads the Qur’an be admonished?

A16: Admonition, using appropriate and respectful language, is permissible.

Q17: What should students do if a female professor teaches a class dressed in an inappropriate and provocative manner, forcing students to look at her to receive the lesson?

A17: In such cases, the university authorities should address the issue of immoral behavior to prevent students from being in such situations. Professors should also act in accordance with their religious duties and not contaminate the sacred educational environment with such indecencies. If there is negligence from the authorities or professors, the student should minimize their interaction and look only when necessary.

Q: Is the knowledge of a judge, derived from the confession of the accused, the statements of both parties, the contents of the case file, and the existing evidence and signs, considered a legitimate legal basis? Can a judge issue a ruling for the enforcement of Hudud, Qisas, and other Islamic rights based on such knowledge?

A: If the knowledge of the judge is based on sensory perception or something nearly akin to sensory perception, and is substantiated by a reasoned and documented foundation, it is valid and binding.

Q: If two people are in dispute over the ownership of a property, each claiming that a third person gave it to them, both having witnesses, but one also possesses a written document, while the other claims to have lost theirs, and the witnesses state that the property was handed over to the second person several years before the written document was made, which testimony takes precedence?

A: If the property is in the possession of one of the parties, their witness testimony takes precedence. If the property is in the possession of neither or both, the property must be divided.

Q: If someone casts doubt on the credibility of a witness, for example, claiming that a witness is testifying against them out of personal animosity, does this objection hold weight?

A: If the accuser can prove that the witness is unreliable, their testimony can be disregarded. Otherwise, mere allegations are not sufficient.

Q: In the police department, individuals are arrested on suspicion of theft. Typically, they do not confess unless coerced through physical force or torture, which results in a loss of effectiveness for the police force and allows criminals to keep stolen goods. What should the police officers do to avoid religious accountability in such cases?

A: No one should be punished without clear evidence of wrongdoing, except in cases where the person has committed offenses such as unlawful entry into a private residence, tampering with a vehicle, or engaging in immoral acts, and has confessed or acknowledged the crimes. In such cases, they may be subject to punishment. Today, there are specialized methods for questioning suspects without torture, which should be employed. It should be emphasized that all punishments, including corporal punishment, must be authorized by a fair judge. The police and intelligence officers cannot act unilaterally. The effectiveness of the police force, as well as the protection of societal security and citizens’ freedoms, depends on the fair judgment of an impartial judge.

Q: Is a confession made under coercion before law enforcement officers considered valid proof for a crime, or should it occur in the presence of a religious judge and in accordance with Islamic law?

A: A confession must be made in the presence of a religious judge and in compliance with Islamic principles. Coerced confessions, especially when accompanied by punishment, while enhancing the work of the police and court, do not carry legal weight in Islamic law. Such confessions cannot be used as a basis for imposing Hudud or other Islamic penalties unless a just judge is convinced of their truth.

Q: If a man, who meets the conditions for Ihsan, engages in adultery with an unmarried woman, and the woman claims she was coerced, but the man denies this and claims mutual consent, and confesses to the act four times, what is the ruling regarding the man’s punishment, given that if his claim is accepted, he would be stoned, but if the woman’s claim is accepted, he would face execution?

A: The punishment of stoning applies to the man due to his confession. The woman is exonerated on the grounds of her claim of coercion. There is no conflict in applying differing rulings in such cases, even if they seem to contradict general principles. For example, if a garment is washed with water that is unclear in terms of quantity or purity, it is still considered purified based on the principle of presumption in Islamic law.

Q: What is the ruling if witnesses retract their testimony?

A: When witnesses retract their testimony, two cases arise: either before the judgment is issued, in which case it is as if no testimony has been given, or after the judgment, where compensation is due from the witnesses for the loss incurred due to the retraction.

Q: If two underage children were playing in a hut, one falls and suffers a bodily injury, claiming the other pushed them, but the accused denies it, and other children testify in support of each side, should the testimony of the minors be accepted, and can the accused or their guardian swear an oath?

A: The testimony of minors is not accepted, and they cannot swear an oath unless the case involves murder. In the case of murder, a minor who commits the act is not subject to execution or imprisonment but rather to disciplinary measures. After reaching adulthood, the law of Qisas does not apply, and the compensation (Diyyah) is the responsibility of the minor’s family.

Q: Is testimony regarding another person’s testimony valid?

A: Testimony regarding another person’s testimony is valid and enforceable in matters concerning private rights and natural law.

Q: What is the ruling on engaging in sexual intercourse with a fiancée before the marriage contract is made?

A: If intercourse occurs before the formal marriage contract, the marriage is not valid, and the man is obligated to pay the full dowry (Mahr) unless a specific amount is set.

Q: The legal age of maturity for a girl is nine, and for a boy, it is fifteen. While this age determines religious obligations, the capacity for criminal responsibility is different. What is the actual age threshold for criminal responsibility, considering the mental capacity of children at these ages?

A: Criminal liability cannot be applied to a girl under fourteen or a boy under sixteen, who may not possess the intellectual maturity to understand the implications of their actions. Disciplinary measures can be applied, but criminal responsibility requires both physical maturity and mental capacity.

Q: If a woman is raped, should the rapist pay her dowry? What is the punishment for the rapist, and does it depend on whether he is married or not? What if he repents before being arrested?

A: If the woman resisted and did not consent to the act, it constitutes rape, and the rapist is required to pay her Mahr. If the woman consented, she has no right to a dowry or compensation. The punishment for rape is execution, provided the act is substantiated through confession or the testimony of witnesses. Repentance before arrest can annul the punishment of execution, though the right of the victim (Mahr) remains unaffected.

Q: If a man and an unmarried woman who became pregnant due to adultery marry, does the punishment for adultery still apply, and does the consent of the woman’s guardian matter?

A: The punishment for adultery does not cease with marriage or the consent of the guardian, although the judge may exercise discretion in forgiving the punishment based on circumstances. The punishment for adultery applies regardless of subsequent events.

Limits of Apostasy

Question: If someone, even with the slightest disturbance, speaks in a manner that could be interpreted as apostasy or disrespect towards the position of God Almighty or any of the infallible figures (peace be upon them), but then performs ablution and prays shortly after, how should one deal with this individual?

Answer: If an individual loses control and speaks blasphemously, they are not considered apostate. However, if they retain their will and control, they are considered apostate. If they wish to follow the religious laws, they must repent and recite the two testimonies each time they speak.

Question: If a husband becomes apostate and not only loses faith but also propagates against it, what is the ruling on the wife continuing to live with him? It should be noted that the command to enjoin good and forbid evil has no effect on him.

Answer: The wife must separate from him, and it is unlawful for her to live with him. There is no need for a formal divorce.

Question: Does insulting the Holy Qur’an (God forbid) result in apostasy, and what is the duty of those who witness or observe such an act?

Answer: If the insult is intentional and done knowingly, the one who insults becomes apostate. Others are obliged to forbid the evil, and if this does not work, they should prevent it in any way they can.

Question: If a Muslim believes in the distortion of the Qur’an, what is the ruling? Does such belief constitute a denial of a fundamental aspect of the faith?

Answer: Since the distortion of the Qur’an has various forms, some of which do not pose a problem, and as the idea of distortion is a theoretical discussion, believing in it does not cause a person to cease being Muslim.

Question: If someone believes that the meanings of the Holy Qur’an were revealed to the blessed heart of the Prophet Muhammad (peace be upon him) and that the words of the Qur’an were expressed by him, not by God, does this belief lead to apostasy? What is the duty towards such people?

Answer: This belief does not lead to disbelief, and the nature of revelation should be studied in detail in its proper context. The author of this discussion has elaborated on this matter in their commentary on Fusus al-Hikam.

Question: What is the difference between “principles of the religion”, “essentials of the religion”, and “undisputed beliefs of the sect”? What are the rulings concerning these?

Answer: The “essentials of the religion” refer to matters that are universally known by both scholars and non-scholars as being part of the religion, such as prayer, fasting, and the requirement of covering. “Principles” refers to issues that have been definitively proven, even though they may not be essential. “Undisputed beliefs” are those firmly established by definitive evidence in the Shia faith. Denying the essentials of the religion leads to apostasy, but denying the undisputed beliefs of the sect does not.

Question: If a Muslim repeatedly insults the Prophet Muhammad (peace be upon him) and the infallible Imams (peace be upon them) in a state of anger, while still believing and showing affection for Abul Fadl al-Abbas (peace be upon him), what is the duty of his wife, children, and relatives?

Answer: If the individual is in a normal state, they have left Islam, and the wife must separate from him. However, if there is uncertainty about whether the individual is in their normal state, they are still considered Muslim. If they repent, and the wife remarries him, the marriage is valid.

Punishment of Lashing

Question: How is the punishment of lashing carried out on healthy individuals?

Answer: The flogger must consider the physical strength of the individual and the severity of the crime. The intensity of the lash should be moderate for alcohol consumption and severe for adultery. The flogging should not be done in a manner that exposes the underarms, and the individual should not be made to lie down for flogging. Men should be flogged standing, and women sitting. If the lashes are many, they should be distributed across the body and not focused on one area. The lashes should not be aimed at dangerous areas such as the head, face, private parts, or heart. The whip should not be made of wire, cable, wood, or similar material. It should be a standard woven whip that is neither too thick nor too thin. Flogging should not occur under extreme temperatures, whether hot or cold. Additionally, the individual should not be completely naked, but the covering should not be so thick that it nullifies the effect of the lash.

Other Issues of Hudud

Question: What is the ruling if someone engages in masturbation that results in harm from retention of semen in the body?

Answer: In any case, such an act is forbidden, and the person involved will be punished if proven.

Question: Is masturbation through imagination possible, and if a fluid is released from a person, what is the ruling?

Answer: Masturbation through imagination and other similar acts is possible. However, if a fluid is released that does not resemble semen, it is not considered semen.

Question: If a person is forced to masturbate to avoid committing adultery, is this act permissible?

Answer: Turning to one sin to avoid another is not permissible. One should seek a lawful solution to their sexual needs through marriage, fasting, exercise, or other permissible means, thereby preventing sin without falling into another.

Question: If a man with a wife masturbates with his wife’s permission or involvement, is it permissible?

Answer: If masturbation is done through mutual play with the wife, it is not problematic. However, if the man masturbates on his own, it is forbidden, whether the wife agrees or not, and whether she is present or not.

Question: Given that women are naturally more emotional and prone to Satanic whispers, does the punishment for their transgressions differ from that of men?

Answer: In cases of discretionary punishments (ta’zir), an individual’s responsibility is related to their actions and the extent to which they are influenced by various factors. In the case of fixed punishments (hudud), this is fully considered in the Islamic legal system.

Question: If someone is a Hafiz (memorizer) of the entire or part of the Qur’an and commits a crime that requires a hudud punishment, does their memorization reduce or negate the punishment?

Answer: If the crime is proven through confession, the Islamic judge may reduce or forgive the punishment. However, if the crime is proven by witness testimony, the punishment remains in place. Being a Hafiz of the Qur’an does not lessen the punishment but does create higher expectations for self-restraint.

Question 1 – I had several houses under renovation, and some time ago, I went there to inspect the work. I was carrying an envelope containing a significant amount of money, foreign currency, and cheques. At that moment, my friend, who is also a relative, entered the house. Upon his arrival, I, worried about the envelope and fearing that it might be damaged due to my distraction, handed it over to him. However, I did not inform him that the envelope contained money, as it is common in the area for payments to be placed in ordinary paper envelopes. Therefore, he knew that the envelope contained money. Unfortunately, when leaving, I forgot to take the envelope back from him. After a few minutes, I remembered that I had entrusted the envelope to him. When I went to retrieve it, he told me that he had left it at the same place. I immediately went back to that location but could not find the envelope, and I realised it had been stolen. Is he liable for this incident?

Answer – If he did not know or have a strong reason to suspect that the envelope contained money, and thus acted negligently, he is not liable.

Question 2 – My son, Mehdi, about four years ago, when he was three years old, attended a party with his mother. During the event, while they were eating fruit, Mehdi, according to his mother and others, threw a knife which struck a three-year-old boy playing nearby, causing one of his eyes to become blind. The adults did not intervene, and the children were playing among themselves. The injured child is my niece’s son. After three years, my sister has sought justice. I have no assets except for debt. Given my financial situation, who is responsible for paying the blood money (diya)?

Answer – The diya must be paid, but it is not your responsibility. It is the responsibility of male relatives from your father’s side, who must divide the amount among themselves, each contributing according to their ability.

Question 3 – What is the blood money for a kidney?

Answer – For two kidneys, the full diya applies, and for one kidney, it is half the diya.

Question 4 – Does a wound to the neck have blood money (diya) or an indemnity (arsh)? Can a bone fracture be proven by an oath (qassama)?

Answer – In some cases, it has blood money, and in other cases, it is an indemnity. A bone fracture can also be proven through qassama.

Question 5 – If a person scratches an area on the face, resulting in a wound for which a camel’s worth of diya is determined, if multiple areas of the face are scratched in the same manner during the same attack or if the same areas are scratched repeatedly in separate attacks, is there any difference in the amount of diya?

Answer – Each scratch carries its own diya, whether all of them result from a single attack or multiple attacks.

Question 6 – If an individual strikes someone in the eye, causing an injury such as a corneal injury or other damage, along with a black eye, does the diya apply only to the corneal injury, or does it also apply to the blackening of the eye?

Answer – The diya must be paid for both the corneal injury and the blackening of the eye.

Question 7 – In a fight, due to an intentional blow from the aggressor, someone suffers a skull fracture and brain haemorrhage. After being transferred to the hospital, the person undergoes surgery and, after two weeks, develops gastrointestinal bleeding. This person is then operated on for an ulcer in the duodenum. Despite the doctor’s prohibition, the patient is discharged with the consent of the family and transferred to another hospital, where he dies two days later. The medical commission states that the cause of death was a blood infection caused by an abdominal abscess and adds that several factors contributed to this, such as the skull injury (70%), the patient’s prior condition (15%), and the unnecessary transfer to another hospital (15%). What is the ruling in this case?

Answer – If the experts’ opinion is reliable as described, and had the patient not been transferred, they would have survived, the person who inflicted the brain injury is liable only for the blood money for the skull fracture. The blood money for the death (homicide) is the responsibility of those who transferred the patient. If both factors contributed to the death, each party must pay a proportionate share of the diya as indicated, unless the difference between the two contributions is not substantial, in which case they can split it equally.

Question 8 – A woman becomes pregnant through an illicit relationship and then kills the fetus. Does full diya apply, and who should it be paid to?

Answer – If the fetus is fully formed, the full diya applies, and it must be paid to a qualified religious authority for the benefit of the Muslim community.

Question 9 – If one of the six specific goods used for paying blood money (diya) significantly decreases in value, can it still be used for blood money payments? For example, the value of silver has significantly dropped and no longer corresponds to the value of other goods. Is it valid to use silver at its current value, and how much of a decrease in value is acceptable?

Answer – Since the value of silver has fallen significantly, it is no longer permissible to choose silver as the payment for diya. If gold is chosen, one thousand mithqals of gold (as per religious standard) is equivalent to 750 regular mithqals of gold, and the gold must be calculated based on 18-carat gold as it is commonly used in society.

Question 1 – Some jurists state that the body of the deceased remains impure until the completion of the three purifying washes. Therefore, the one who performs the washing or the utensils used for the washing become impure. The jurists also state: “After the completion of the washes, the deceased becomes pure, and likewise, the hands, clothes of the washer, and the utensils used become pure by extension.” Are individuals who are watching, utensils that were not used, and clothes that were hanging on the wall and became contaminated with water also considered pure?

Answer – The body of a Muslim deceased is not impure, and the three washes are for purification and do not imply the impurity of the body. The hands, clothing, and utensils of the washer, as well as the items used, become pure by extension once the washing is completed.

Question 2 – After the use of sedar and camphor and before the wash with pure water, are the drops of water that come off the body of the deceased considered pure or impure?

Answer – The body of a Muslim deceased is not impure, and the obligation of the three washes does not contradict the purity of the body.

Question 3 – If one of the three washes of a deceased who has been buried is accidentally omitted, what should be done?

Answer – There is no issue with this, and there is no need to exhume the body to complete the washing.

Question 4 – A person has died, and it is not clear whether they were male or female. How should the washing and prayer for them be performed?

Answer – If the person is intersex, their immediate family should perform the washing. However, if their identity has been entirely lost due to burns or an accident, either a man or a woman can perform the washing, and a prayer on behalf of the deceased with the intention of the deceased being present is sufficient.

Question 5 – A Muslim woman who was pregnant with a seven-month-old fetus has passed away. Some people suggest placing a mirror behind the mother to reflect the baby’s face towards the Qibla. Is this necessary?

Answer – It is sufficient for the mother to face the Qibla. Placing a mirror is unnecessary and incorrect.

Question 6 – Some Muslims in Lebanon request in their will to be buried in their wedding dress. Is this request permissible? If so, is it obligatory for the executor to follow this request?

Answer – If the conditions for burial are met with that dress, or if it is in addition to the three prescribed burial garments and is not extravagantly priced, it is permissible. However, it should be avoided as it is a mere ornamentation and not an appropriate practice.

Question 7 – Is it permissible to bury the deceased in a cemetery where the dead have been buried for over a hundred years?

Answer – There is no objection, and the remains of the deceased should be concealed under the earth.

Question 8 – Is it permissible to transfer a body without exhuming it?

Answer – If it does not cause dishonour or humiliation to the deceased and serves a reasonable purpose, it is permissible to move the body to another place, though it is better to avoid this action.

Question 9 – A fifteen-year-old girl died in a car accident, and she was buried. Now, her relatives and acquaintances, particularly her older sister, repeatedly see her in dreams insisting that they dig her up because she is still alive. These dreams have been so frequent that they have disturbed the mental health of the family. Is it permissible to exhume the body to clarify the matter?

Answer – Such dreams should not be given attention, and exhuming the body is not permissible. These dreams reflect the family’s anxieties over the untimely and tragic death and have no specific interpretation.

Question 10 – A toilet has been built next to a believer’s grave, making it impossible even to read a chapter of the Qur’an in that area. Attempts to request authorities to move the toilet to another location have been unsuccessful. Is it permissible to exhume the body and move it to another location?

Answer – If it is not possible to move the toilet and this location is the most suitable, and continuing with the current arrangement would result in dishonouring the deceased, exhuming the body and relocating it is permissible.

Question 11 – Is there such a thing as the “Prayer for the Drowned”? If someone drowns in the sea or a river and their body is not found, what should be done? Should a prayer be performed for them, and how?

Answer – Until the drowned body is found, no prayer is required. However, in Islamic jurisprudence, there is a “prayer for the drowned,” which refers to the prayer for those who are drowning and are unable to do anything but utter the Takbir (opening of the prayer) or even perform actions like blinking their eyes or performing a prayer in their heart.

Question 12 – Is it permissible to bury a deceased person in the courtyard of a mosque if they have made such a request in their will?

Answer – It is not permissible, even if the person who made the endowment believed that such a right existed for themselves or others. A mosque should not be turned into a cemetery.

Question 13 – Is it permissible for a person to preserve a body as a mummy or in an alcohol-filled jar instead of burying it? If this is not permissible, does it constitute an offence?

Answer – It is not permissible, and it is obligatory for everyone to bury the deceased. If someone obstructs this, they may be subject to punishment.

Question 14 – I have written a poem to be inscribed on my gravestone. However, my children believe the poem is against the sacred law, though I find it very fitting for my condition. Could you please share your opinion on this matter?

Answer – The poem is not against the law, but upon death, one enters the next world where they are alive, based on their deeds and what they have taken from this world—whether blessings, sorrow, punishment, or reward. Therefore, “nothing” is not an ultimate end, and such poetry reflects a misguided culture.

Question 15 – When a person sleeps, does the soul leave the body? When a person sees another in their dreams, does the soul meet with the other person’s soul?

Answer – The separation of the soul during sleep means the soul is not fully in control of the body. During death, this connection is entirely severed. Dreams are varied, and seeing someone else in a dream does not signify a meeting with their soul.

Question 16 – Do the inhabitants of paradise speak among themselves about how they passed away? Do they ask each other about their experiences in the grave and how they attained entry into paradise through intercession?

Answer – In the afterlife, knowledge is transmitted without the need for words. The inhabitants of paradise are so aware of these matters that they do not need to ask one another about them.

Question 17 – Is the following statement true or not? “Whoever seeks Me, finds Me. Whoever finds Me, knows Me. Whoever knows Me, loves Me. Whoever loves Me, I love him. Whoever I love, I kill him. Whoever I kill, his blood is owed to Me.”

Answer – This statement does not exist in the famous Hadith sources and is a piece of mystic narrative. If interpreted reasonably, it does not cause any issue.

Question 18 – Which paradise was Adam in, and how is it possible for someone to be expelled from paradise?

Answer – The paradise mentioned in the story of Adam is from before the earthly creation, while eternal life and permanence belong to the paradise of the afterlife, after the world.

Question 19 – Why does God say in Surah Ar-Rahman: “He taught the Qur’an. He created man” (Qur’an 55:1-3) when man had not yet been created, how was the Qur’an taught to him?

Answer – The knowledge of the Qur’an was imparted in higher realms before the physical creation of man, through intermediaries of divine grace and to certain phenomena that do not have a material or earthly creation. The verse mentions God as the teacher, but the one receiving the knowledge is not named explicitly. This subject is detailed in our commentary on Ibn Arabi’s Fusus al-Hikam.