Fiqh Explanations: Explanation of the Issues (Volume 2)

Explanation of Legal Issues (Volume 2)

(May his soul rest in peace)
His Eminence Grand Ayatollah Mohammadreza Nekounam

Main Entry: Nekounam, Mohammadreza, 1327–
Title and Author: Tawzih al-Masail (Explanation of Legal Issues), Religious Rulings in Accordance with the Fatwas of His Eminence Grand Ayatollah Haj Mohammadreza Nekounam, May God Extend His Shadow.

Publication Information:
Tehran, Sobhe Farda, 1399 (2020).
Physical Description: 2 volumes.
ISBN: Vol. 2: 978-964-7964-88-3
ISBN of the Series: 978-964-7964-89-0

Cataloguing Information:
FIPA
Subject: Shia Jurisprudence.
Subject Area: Jafari Jurisprudence – 14th Century.
Dewey Classification: 297.324

National Bibliography Number: 1097989

Introduction

In the name of God, the Most Gracious, the Most Merciful.
All praise is due to God, the Lord of the Worlds, and blessings and peace upon His most noble creature, Muhammad, and his pure family, especially the Imam of the Time and the Seal of His saints, the Proof of God, Imam al-Hujjah, son of Imam al-Askari (may my soul and the souls of all worlds be sacrificed for the dust of his noble presence), and everlasting curses upon their enemies, the enemies of religion.

This book is the second volume of the Tawzih al-Masail (Explanation of Legal Issues), which presents rulings on various aspects of Islamic law, including economic principles, the Islamic banking system, public wealth and assets, family laws and social relations, Islamic political policies, Islamic criminal law, wills, inheritance, and the rulings concerning the deceased.

These rulings aim to strengthen the foundation of Islam by defending religious beliefs and spreading them, empowering the Islamic government in managing financial matters and benefiting from Islamic norms in state governance, as well as ensuring social security, human dignity, individual freedoms, social justice, and the fair distribution of wealth. They also contribute to the spiritual and material empowerment of the Muslim community. Ultimately, these guidelines promote the growth and well-being of the human body and soul, support self-actualization, and help to elevate humanity, keeping it away from stagnation, weakness, and isolation. They also foster a sense of love and unity, safeguarding relationships from harm, and enhancing the purity and sincerity of human interactions. Moreover, these rulings protect individuals from nihilism and aimlessness, ensuring mental peace and safety in society by preventing crime and wrongdoing through preventive measures.

It is hoped that this work will address the needs of the faithful and be accepted by the Almighty God and bring satisfaction to the Holy Household of Prophethood.

And the final word of our supplication is: All praise be to God, the Lord of the Worlds.

Introduction to Islamic Economic and Social Laws

Islam, in establishing an organized and secure social environment, aims to guarantee human dignity and peace of mind through the empowerment of individuals and the recognition of mutual rights. It has set forth a series of laws and regulations based on agreements and contracts. These structures are firmly rooted in rationality and social functions, including economic roles and responsibilities.

The operations and functions of the economy cover a vast range of areas, each involving different practices and perspectives. These various economic practices include buying and selling, renting, pledging, partnerships, profit-sharing, employment, and agricultural contracts, which will be discussed in this section. A detailed account of Islamic economics can be found in our book The Law of Wilayat-based Economy.

Occupations and Income

1. Trade and earning income must be through lawful means. It is forbidden to acquire wealth through unlawful methods such as gambling, theft, usury, bribery, forbidden wealth, or supporting and strengthening oppressors.
2. Any profession or occupation that involves a forbidden activity is also forbidden. For instance, manufacturing products that lead to corruption, such as alcohol or magic, is not permissible. However, producing human or animal figurines or toys, as long as it does not lead to idolatry, is permitted.
3. Acquiring and teaching skills or knowledge that are necessary for the welfare and empowerment of Muslims in the face of non-Muslims is a collective duty, even if receiving payment for such activities is not objectionable.

Sorcery and Magic

1. Performing magic with a rational purpose, as long as it does not violate others’ rights or cause harm, is not forbidden. However, practicing it is prohibited, though nullifying it in cases of necessity is permitted.

Divination and Astrology

1. Divination and astrology, when based on the belief that powers other than God’s influence the course of events, are forbidden and amount to polytheism. However, if the predictions are based on a belief in God’s absolute power, with no claims of independent causality, then it is permissible.

Sleight of Hand and Spiritual Practices

1. Performing sleight of hand tricks is not allowed if they are used to misrepresent truth or falsehood. However, if performed for entertainment purposes without deceit, it is permissible.
2. Summoning spirits is not forbidden unless it causes harm to the spirits or disrupts public order.

Music and Singing

1. Singing and listening to music is permissible as long as it does not lead to sinful behavior, cause moral corruption, or promote lewdness, even if musical instruments are involved.
2. Female singers are not forbidden if they do not perform haram acts while singing.

The Legal Status of Women in Society

1. Women’s active participation in various societal roles is permissible, provided they observe public modesty, avoid forbidden activities, and their involvement does not undermine their marital obligations or lead to family breakdown.

Support for Oppressors

1. Supporting oppressors or cooperating with oppressive governments, especially if it aids in the spread of injustice, is forbidden, except in exceptional circumstances where it may benefit the Islamic community.

Publications and Media

1. The purchase, sale, or publication of books and materials that mislead the public, promote corruption, or insult religious beliefs, is forbidden. However, scholars addressing these works to counter them are permitted to read and respond to such material.

Cheating in Exams or Employment

1. Cheating in exams and obtaining jobs through deceit is not permissible.
2. If someone lacks the competence for a responsibility, they should not accept it, even if others believe them capable. Caution and deliberation in such matters are encouraged.

Sale and Purchase of Impure Items

1. Selling a pure item that has become impure and cannot easily be purified with water, such as a large carpet or utensil, is permissible if the seller discloses its impurity. Similarly, if the item cannot be purified, and its use does not depend on its purity (e.g., oil), its sale is permissible provided it is announced. However, if its use depends on its purity, even though it may have a legitimate and significant benefit, the sale remains permissible if disclosed.
2. If a buyer intends to use something that requires purity, such as food intended for consumption or clothing for prayer, the seller must inform them of the impurity, even if the buyer does not use it for the purpose (e.g., not praying with it). If the item cannot be purified, such as impure vinegar, and there is no other lawful use for it, selling it is impermissible.
3. Items that are sometimes purified by combining with a large quantity of water, provided it is possible to restore them to their original state and use, may be sold in their impure state if the buyer is informed. The condition for purification applies if the transaction concerns usage after purification. However, if the intended use does not depend on purity and ownership is transferred, the sale is permissible as long as the buyer is informed.
4. If a pure substance, such as oil, becomes impure and is sold for consumption, the transaction is void, and this act is prohibited. However, if the item has another permissible use, the sale remains valid.
5. If an impure item is purchased for a purpose where purity is not a requirement (such as impure oil intended to be burned), the seller must disclose the impurity, particularly if there is a risk that the buyer may come into contact with the impurity.
6. Selling impure oil for external use, such as for massaging a sick person or making soap, is permissible as long as the buyer is informed of its impurity.
7. The sale of impure or contaminated medicine for food consumption is not permissible, unless it is essential for a specific treatment.
8. The sale of impure or contaminated medicines for non-prohibited uses is allowed.
9. Selling food or medicine that is impermissible (such as alcohol-based medicine) is permissible if the transaction is for the effort involved, even if the medicine itself is unlawful.
10. The sale of medicines prepared with alcohol or any other impure substance is permissible if it is the only available treatment for the illness.
11. Selling imported oils, perfumes, and medicines from non-Islamic countries is permissible as long as there is no certainty about their impurity. However, the sale of items such as gelatin derived from dead animals, if imported from non-Muslim lands and obtained from an animal slaughtered improperly, is allowed for selling but prohibited for consumption, and the seller must inform the buyer of its nature.
12. Selling foodstuffs, medicines, and similar items imported from non-Muslim countries is permissible if there is no certainty regarding their impurity, such as when it is uncertain whether dairy products or oils were produced using impure methods.
13. The sale of the skins of animals such as foxes, if slaughtered in non-Islamic ways, is impermissible, though selling their skins is allowed if they serve a lawful purpose.
14. The sale of meat, fat, or leather obtained from non-Islamic countries or non-Muslim markets is permissible if it is believed to have been slaughtered according to Islamic law.
15. The sale of meat, fat, or leather from Muslim markets is permissible even if it is known to have been acquired from a non-Muslim, provided the specific slaughtering method has not been verified.
16. The sale of pigs and dogs is impermissible, except for hunting, herding, and guard dogs with legitimate functions.
17. The sale of something that is not impure and has lawful uses, such as certain insects or non-impure animal excrement, is valid unless the item holds no rational or lawful benefits depending on time and place.
18. The sale of alcoholic beverages or other intoxicants is forbidden, and any transaction involving them is invalid.
19. The sale of usurped property is void if the owner rejects the transaction. The seller must return the money to the buyer. The buyer is not permitted to hand the usurped property to someone else, and if the original owner is unknown, the buyer must act according to the ruling of a religious authority.
20. If the buyer intends not to pay the price or wishes to use impure money, the transaction is void.
21. If the buyer initially intends to pay with lawful money but later uses impure money, the transaction is valid, provided that the price is ultimately paid with lawful earnings, and the impure money belongs to its rightful owner.
22. If the buyer plans to pay the price of an item purchased on credit with impure money, and this intention is present from the outset, the transaction is valid, but the buyer must pay the debt with lawful earnings, clearing their obligations.

Sale and Purchase of Forbidden Tools

1. The manufacturing, buying, and selling of gambling tools and instruments of entertainment with prohibited uses is not permissible. However, producing and selling small toys for children or items with legitimate and lawful uses is permitted.
2. If the transaction involves the materials or components of forbidden tools, they should either be destroyed or used for a permissible purpose.
3. Tools that have both lawful and unlawful uses, such as radios, televisions, computers, and satellites, may be bought and sold as long as the intent is not to use them unlawfully.
4. If an item can be used both for lawful and unlawful purposes, such as grapes intended to make wine, its sale is prohibited if it is sold for the unlawful use, even if this intent is stated within the contract.
5. If the transaction aids the buyer in committing an unlawful act, the transaction is not permissible and must be abandoned. This also applies to selling food to someone who will break their fast during Ramadan.
6. The sale of statues or similar items depicting living beings is not prohibited, nor is the creation or possession of such items, as long as they do not depict human beings.
7. The sale of items obtained through gambling, theft, or invalid transactions is impermissible. Any such item should be returned to its rightful owner.
8. If a seller sells oil mixed with fat and informs the buyer, the transaction is valid. If the buyer did not initially know, they can cancel the transaction and request pure oil in exchange, but if the seller did not specify, the transaction remains valid, and the buyer can return the impure oil for pure oil.

1. نقد (Cash Transaction)

M (1) If the buyer and seller engage in a cash transaction, they may subsequently request the goods and money from each other. Giving a house, land, or similar items means that the buyer can make use of it. Similarly, when selling carpets, clothing, and similar goods, it is understood that the seller cannot prevent the buyer from taking the goods elsewhere if they so desire.

2. نسیه (Credit Transaction)

M (2) In a credit transaction, the duration of the term must be fully specified. If a date is not set, the transaction is void. For example, if an item is sold to be paid for after the harvest, without a clear time frame, the transaction is invalid, unless the term “after the harvest” refers to a specific period.

M (3) If a credit sale is made, the seller cannot demand payment from the buyer before the agreed-upon time has passed. However, if the buyer dies and leaves property behind, the seller may request payment from the heirs before the term ends.

M (4) If an item is sold on credit to someone who is unaware of its price, and this price is not communicated, or if the buyer is only aware of the cash price, and the seller sells at a higher price, the transaction is invalid. However, if the credit price is known to the buyer, and the seller states that the credit price is higher than the cash price, the transaction is valid, as long as the buyer agrees to the terms. For example, the seller may say, “I will sell this item to you on credit for 10% more than the cash price,” and the buyer accepts.

M (5) A seller who has sold an item on credit, with a payment term, may agree with the buyer to reduce part of the debt after half of the agreed duration has passed and receive the remaining balance in cash.

3. سَلَفْ (Forward Sale)

M (6) A forward sale occurs when a person sells a defined quantity of goods for a lump sum, with delivery to occur at a later date. To make such a sale valid, the buyer might simply say, “I will pay this sum to receive the specified goods in six months,” and the seller may accept. Even without a formal contract, this transaction can be valid, as long as the buyer’s payment is made with the intent of purchasing the goods later.

M (7) If a person sells gold or silver or their equivalent in a forward transaction and receives gold, silver, or money in exchange, the transaction is invalid. However, selling a non-gold or non-silver item in a forward sale for money or other goods, including gold or silver, is valid.

Conditions for a Forward Sale

M (8) A forward sale requires seven conditions:

1. The characteristics of the goods which determine their price must be specified. If people agree that the characteristics are clear, this suffices. For example, a forward sale of goods such as wheat or meat, where all features cannot be defined in advance, is invalid. However, if part of the price is paid in advance, the transaction is valid, but the seller may cancel the sale.
2. Before the buyer and seller part ways, the full payment must be made, or the buyer must owe the seller an amount equivalent to the agreed price.

M (9) If the buyer owes the seller, the buyer may use their credit to settle the amount, and it is better for the seller to agree that the buyer’s debt offsets the purchase price of the goods.

1. The duration of the transaction must be clearly defined.

M (10) For instance, if the seller says, “I will provide the goods at the time of harvest,” but the exact timing is unclear, the transaction is invalid.

1. The delivery time should be set such that the seller can deliver the goods within the specified period and the goods should not be so rare that the seller cannot fulfill the agreement.
2. The location of delivery must be explicitly specified.

M (11) If the place of delivery is clear from the agreement, there is no need to mention it by name, but it must be clear who bears the cost of transportation.

1. The quantity, weight, or measure of the goods must be specified.

M (12) Goods that are commonly sold by sight can also be sold in a forward transaction, but the variation in quantity must be minor, such as with certain types of walnuts or eggs.

1. If the goods are measured or weighed, the same unit should be used in the transaction.

M (13) For example, wheat cannot be sold using different quantities for the same product in a forward sale.

Legal Aspects of Forward Sale

M (14) Goods bought in a forward sale cannot be resold before the delivery period ends, and even after the period, they may only be sold after the goods are delivered. However, selling commodities like wheat, barley, and other goods that are sold by weight or measure before receipt is prohibited unless the seller sells them at the same price or to themselves.

M (15) If the seller delivers the goods at the agreed time, the buyer must accept them, provided the terms are met.

M (16) If the seller provides goods of lower quality than agreed, the buyer can reject them.

M (17) If the seller provides goods of superior quality than those agreed upon, and this does not constitute a loss for the buyer, the buyer should accept them unless the contract specifies that the goods delivered must be of the same quality.

M (18) If the seller delivers a different item or a lower-quality item than agreed upon, the transaction is valid if the buyer accepts it.

M (19) If the seller cannot deliver the specified goods due to scarcity and is unable to fulfill the contract, the buyer can wait for delivery or cancel the transaction and reclaim what was given.

M (20) If an item is sold on the condition of future delivery, but the money is also to be paid later, the transaction is void.

Gold and Silver Transactions

M (21) If gold is sold for gold or silver for silver, the transaction is void if the weights are unequal, even if one item is minted and the other is not, or if the purity or quality differs. For example, selling 1 gram of 18-carat gold for 1.5 grams of 14-carat gold is prohibited. However, selling gold for silver is valid, even if their weights differ.

M (22) If gold is sold for silver or vice versa in a cash transaction, the deal is valid, and there is no need for the weight or purity to match. However, if the transaction is on credit, it is invalid.

M (23) If gold is sold for gold or silver for silver, both the buyer and seller must complete the transaction before parting ways. If the specified goods are not delivered, the transaction is void. If only part of the goods are delivered, the transaction is valid only for the amount delivered, and the buyer can cancel the remaining portion.

M (24) If the seller delivers all but part of the goods specified in the contract, the transaction is valid, but the buyer can cancel the transaction and reclaim any missing amount.

M (25) If silver ore is sold in exchange for pure silver, or gold ore for pure gold, the transaction is void unless the buyer knows the exact amount of silver or gold in the ore.

M (26) Selling silver ore for gold or gold ore for silver is permitted.

Fruit Transactions

M (27) Dates that have ripened or fruits where the flower has fallen and the fruit has set can be bought and sold before harvesting, provided it is clear that no further harm will come to the fruit.

M (28) Selling unripe fruit on the tree is permissible, but its size must be estimated by an expert. Also, if it is uncertain whether the fruit will develop or not, or if it pertains to fruit from future years, it may be sold, provided it is of substantial value.

M (29) If something is sold with the condition that the fruit will be harvested, the transaction is valid, but the sale must be contingent on something else so that the buyer’s capital is protected.

M (30) Selling fruit that is still on the tree is allowed before the fruit has blossomed, as long as the sale is linked to other goods, such as vegetables from the same land.

M (31) If a tree’s fruit is sold for future harvest, or the sale is conditioned on harvesting before fruit sets, the transaction is valid.

Sale with Condition

(1) A “sale with condition” refers to a transaction where, for example, a product valued at 100,000 tomans is sold for 50,000 tomans or even less, with the agreement that the seller can cancel the transaction if the buyer repays the amount within a specified period. This type of sale is valid as long as both the buyer and seller intend to carry out a genuine purchase and sale transaction.

(2) In a sale with condition, even if the seller is certain that, should they repay the amount within the specified period, the buyer will return the property to them, the transaction remains valid. However, if the seller fails to repay within the stipulated time and the buyer dies, the seller has no right to claim the property from the heirs.

Defects in the Subject of the Transaction

(3) If high-quality tea is mixed with inferior-quality tea and sold as high-quality tea, the buyer can cancel the transaction if they were unaware of the defect at the time of the sale, upon later discovering it.

(4) If a specific item has been sold, and the buyer discovers that the item has a defect, the transaction may be annulled if the defect existed prior to the sale and the buyer was unaware of it. Alternatively, the buyer may claim the difference between the price of the defective and non-defective item and receive the corresponding amount from the seller. For instance, if the item was bought for 100,000 tomans and the difference in market value between the defective and non-defective version is one-quarter, the buyer can reclaim 25,000 tomans from the seller, provided this is done with the seller’s consent. The same principle applies if an exchange is involved.

(5) If an animal is bought and it is later discovered to be blind in one eye, provided that the defect existed before the sale and was unknown to the buyer, the buyer can either cancel the transaction or claim the difference in value between the healthy and defective animal. If the animal has been altered, such as being sold or rented, or the buyer has made changes, such as cutting or sewing fabric, they can still claim the difference in value.

(6) If the seller becomes aware of a defect in the exchange item, and the item was specified rather than being an indefinite, generalized item, they can return the item and request a defect-free replacement. If the defect existed prior to the transaction and the seller was unaware of it, they may cancel the transaction or claim the price difference as described earlier.

(7) If a defect in the item appears after the transaction but before possession has been taken, the buyer may cancel the transaction, or if the defect appears in the exchanged item, the seller may cancel the transaction. If they wish to claim the price difference but cannot return the items, canceling the transaction is still permissible.

(8) If the buyer discovers a defect in the item after the transaction and wishes to cancel, they must do so immediately. Delaying the annulment, unless due to ignorance, can forfeit their right to cancel. Upon discovering the defect, the buyer has the right to cancel the transaction as long as the delay is not excessive.

(9) If after discovering a defect in an item and failing to return it, the buyer does not immediately claim the price difference, they still retain the right to inform the other party or others of their intent to cancel the transaction.

(10) If the buyer discovers the defect after the transaction, even if the seller is no longer present, the buyer can still cancel the transaction. This rule also applies to all other forms of cancellation options.

(11) There are four conditions under which a buyer, upon discovering a defect, cannot cancel the transaction or claim the price difference:

1. When the buyer is aware of the defect at the time of purchase.
2. When the buyer accepts the defect in the item.
3. When the seller stipulates that they will not take back the item or give a price difference if a defect is found.
4. When the seller declares that the item is sold “as is” with any defects.

(12) If the buyer identifies a specific defect and the seller has acknowledged it, but another, unforeseen defect is found later, the buyer has the right to return the item for the undisclosed defect and, if return is impossible, to claim the price difference.

(13) In three situations, if the buyer discovers a defect, they cannot cancel the transaction but can claim the difference in price:

1. If after the transaction the buyer has altered the item in a way that makes it no longer in its original form, for example, by cutting fabric or grinding wheat into flour.
2. If after the transaction the buyer discovers a defect and the seller has explicitly excluded the right to return or claim the price difference.
3. If after receiving the item, the buyer discovers another defect that was not present initially.

(14) If the seller has sold an item without having seen it but has conveyed its characteristics to the buyer, and the item is better than described, the seller may annul the transaction.

Supplementary Issues of Cancellation Options

(15) If the seller discloses the purchase price to the buyer and makes the transaction based on that price, they must disclose all factors that could affect the price, such as whether the item was purchased in cash or on credit. If the seller omits such information and the buyer later discovers this, they can cancel the transaction.

(16) If an item is given to someone and the price is set, stating that the item will be sold at that price, and any profit from a higher sale price is kept by the intermediary as a commission, the additional profit is for the intermediary.

(17) If an item is sold with a specified price and the buyer agrees, or if the item is given with the intent for resale, any profit made beyond the specified price belongs to the buyer.

(18) If a butcher specifies that they are selling lamb meat but instead provides mutton, and the buyer is dissatisfied with the substitution, the buyer has the right to cancel the transaction if the lamb was specified.

(19) If a buyer asks for a fabric that does not fade and the seller provides fabric that fades, the buyer may cancel the transaction.

(20) Swearing an oath during a transaction is discouraged if the oath is truthful, and prohibited if the oath is false.

Cancellation (Annulment of Transaction)

(21) “Cancellation” refers to the annulment of a transaction when one party expresses a desire to cancel, and the other party agrees. The party requesting the annulment is known as the “mutasil,” and the party accepting the annulment is known as the “muqil.”

(22) Cancellation is permissible in any binding contract, except for marriage and ongoing guarantees. However, cancellation itself is not subject to annulment.

(23) Accepting the cancellation of a transaction from a person who regrets their purchase is considered a recommended act. According to Imam Ja’far al-Sadiq (7), “Whoever annuls a transaction with a Muslim who regrets it, God will annul their own errors on the Day of Judgment.”

(24) Cancellation can be carried out verbally or through the actions of both parties, but both must be mature, of sound mind, and acting voluntarily.

(25) In buying and selling, cancellation should not involve an exchange of less or more than the original item or price. However, since the acceptance of cancellation is not obligatory and is merely recommended, the cancelling party may request something in return or make the cancellation conditional upon such a request.

(26) If a part of the traded item is canceled in proportion to its price, this is permissible. Similarly, if there are multiple buyers or sellers, the cancellation may apply to each party in proportion to their share of the price, without needing consent from other partners.

(27) If the item or its counterpart is lost, cancellation remains permissible, and the lost item’s replacement may be provided by another party.

1. Conditions of Partners: Each partner must be an adult, sane, and have legal capacity. Therefore, a partnership involving a child or an insane person without the consent of their guardian is not valid. Similarly, a partnership involving a person who has been coerced or lacks personal agency is also invalid.
2. Ineligibility of Mentally Incompetent Individuals: No partner should be mentally incompetent (safih), nor should any be restricted from managing their own property by a religious authority. Therefore, a partnership involving a person who is mentally incompetent or one who is prohibited from managing their own property by judicial authority is invalid unless permitted by the religious authority.
3. Partnership Property: The object of the partnership must be property. A partnership that only involves labor, where each person works independently and shares in the outcome or payment of the work, is not valid. However, it is permissible if both partners agree to divide the product or earnings of the work after the fact.
4. Joint Capital: The capital of the partnership must be in a joint form, meaning it should be mixed in a way that the individual ownership of each partner is not clearly distinguishable. If a partner contributes a specific amount of money or property, they must settle their share of the joint capital with the other partners to form the partnership.

Partnership Rules:

1. If two people agree to purchase something separately on credit and each becomes indebted for their purchase, but both are supposed to share the item in use, the partnership is not valid. However, if they appoint each other as agents to purchase the goods on credit for them, the partnership is valid.
2. If one partner buys something for themselves and the other requests to be made a partner, and the first agrees, a partnership is formed, and the second partner becomes liable for their share of the debt.
3. If the partnership agreement specifies that the work is to be carried out jointly or individually, or if a particular person is hired to do the work, the partners must adhere to the conditions set forth. Any deviation from the agreement, unless permitted by other partners, is considered a voidable transaction.
4. In a joint venture, all partners naturally share the profits and losses in proportion to their shares in the capital, unless the agreement specifies that a partner who works more or does specialized work should receive a greater share of the profits.
5. If one partner decides that only one individual will receive all profits or bear all or most of the losses, such an agreement is valid, as long as it is mutually agreed upon.
6. If no agreement specifies that one partner should receive more profits, then if their capital contributions are equal, they share the profits and losses equally. If their contributions are unequal, profits and losses are shared in proportion to their capital contributions, even if one partner does more work than the other or does no work at all.

Ownership and Disposal of Partnership Assets:

1. No partner may dispose of the joint assets without the consent of the other partners.
2. A partner who deals with the partnership’s capital must act according to the terms of the partnership agreement. If they act outside of these terms, they are responsible for any losses to the partnership and need permission from the other partners for such transactions to be valid.
3. If a partner acts in violation of the partnership agreement and causes a loss to the partnership, they are liable, but future transactions that follow the agreement are valid.
4. A partner is not responsible for any accidental loss of the capital as long as there was no negligence or misuse.
5. If a partner purchases something on credit for the partnership and the purchase is usual in the partnership’s trade or has been approved by the other partners, the profit or loss from that transaction belongs to the partnership.

Partnership Termination and Distribution of Assets:

1. A partnership contract is inherently revocable. If one or more partners request the dissolution of the partnership, all partners must consent unless the partnership has a specified term or if dissolving it would cause significant harm to the remaining partners.
2. When distributing the joint assets, the items should be divided according to the number of shares, whether equal or unequal. The division can be done by mutual agreement or by drawing lots.
3. If it is not possible to divide the assets equally, such as in the case of real estate or other indivisible property, the partners can agree to sell the property and divide the proceeds based on its value.
4. If one of the partners sells their share in the partnership, the remaining partners have the right of “preemption” (Shufa) to purchase that share before it is sold to an outsider. This right is only valid if the property is held in joint ownership and only applies to two-party partnerships.
5. The right of preemption is lost if the partner delays in exercising it or if the buyer is not a Muslim.

Hiring a Nursing Woman

1. A woman may be hired so that someone else can benefit from her milk, provided she is confident that her husband’s rightful claim will not be jeopardised. In such a case, it is not obligatory for her to seek permission from her husband. However, if breastfeeding would undermine her husband’s rights, she cannot be hired without his consent, unless he himself hires her for breastfeeding.
2. If a woman is hired for purposes other than breastfeeding, and her actions are in conflict with her husband’s rights, she must seek her husband’s permission.

Conditions for the Use of Property Hired

1. There are four conditions for the use of property that is being rented:
   • First Condition: The work for which the property is hired must be lawful. If the property is only used for unlawful purposes, or if it is agreed upon that it will be used for unlawful actions, the contract will be invalid. For example, renting a shop for selling alcohol or renting a car for transporting it is invalid.
   • Second Condition: The monetary payment for using the property must not be deemed futile by people, and the work must not be a religious obligation that is free of charge. For instance, hiring someone to perform obligatory daily prayers is not allowed unless the employment is structured as a form of encouragement.
   • Third Condition: If the rented property serves multiple functions, the specific use intended by the tenant must be clarified. For instance, if a car that can be used both for transport and for carrying goods is rented, it must be specified whether it is for transport or cargo purposes. If the uses are identical, specification is not required, and if the use is not specified, all functions can be used.
   • Fourth Condition: The duration and scope of use must be specified. This can be done by defining a time period, such as renting a house or shop for a year, or by specifying a specific function, such as limiting the number of passengers in a car.
2. If the rental period is not clearly defined but the work will naturally result in a specific time frame, this is acceptable.
3. If the start date of the rental period is not specified, the rental period begins when the lease is concluded or when the property is received.
4. If, for example, a house is rented for one year with the start date set for one month after the contract, the lease is valid.
5. If the landlord does not specify the rental duration but states a fixed monthly rent of 100,000 rials, the lease is not valid.
6. If the landlord states that the rental period is for one month at a rate of 100,000 rials, and subsequent months will continue at the same rate, but the start and end dates are not specified, the first month is valid, but the subsequent months are invalid unless further clarification is made.
7. If the tenant negotiates an amount for rent based on the benefit derived from using the property, such as a rental agreement for a house, this is valid.
8. If a guest house or similar facility is rented for an unspecified duration, with payment being made per night, this is also valid, provided the landlord agrees to the arrangement and the rental is not terminated prematurely by the landlord.

Additional Matters of Rental

1. The rent paid for using the property must be clear, whether it is weighed (like wheat) or counted (like eggs or currency). If the property is a type of animal, its features must be specified or visible to the other party.
2. If land is rented for planting, the rent can be paid in the form of the crop produced from the land, provided the land is identified.
3. A landlord cannot demand rent until the tenant has received the property or service. Similarly, if a worker has been hired, they cannot claim payment before performing the agreed task unless otherwise stipulated or customary (e.g., for pilgrimage services).
4. It is preferable for wages to be paid to a worker before their fatigue is relieved, unless the worker prefers a monthly payment schedule.
5. If a landlord provides a property for lease but the tenant does not use it during the rental period, the tenant is still required to pay the rent.
6. If a worker or contractor is hired for a specific job and is ready to work but is not asked to do the work, the employer is still obligated to pay the worker’s fee.
7. If it is later discovered that the lease agreement was invalid, the tenant must pay the customary rent for the property, adjusted for the duration the tenant actually occupied the property.
8. If the rented property is lost, damaged, or destroyed, the tenant is not liable as long as no negligence occurred in its care.
9. If a contractor damages or ruins something while performing a task for a tenant, the contractor is liable for compensation.

Medical Liability of Professionals

1. If a circumciser or a medical professional performs a procedure incorrectly and harms the patient, they are liable for damages. If they did not make an error, but harm occurred due to unforeseen circumstances, they are not liable.
2. If a doctor prescribes a medication or treatment and the patient suffers harm, even if no negligence occurred, the doctor is liable for the consequences.
3. A doctor or surgeon may exempt themselves from liability for unintended mistakes by informing the patient or their guardian that they are not liable for unforeseen complications, provided the patient consents.

Termination of Rental Agreement

1. Both the landlord and the tenant can mutually agree to cancel the lease, or the lease may include a clause allowing one or both parties to terminate the contract if necessary.
2. If either party realizes they have been wronged, they may cancel the agreement, unless an agreement has been made prohibiting such action in the case of a loss.
3. If the rented property is unlawfully seized before it is handed over to the tenant, the tenant can annul the contract.
4. If a property is sold during the rental period, the lease is not automatically voided, and the tenant must continue paying rent to the new owner.
5. If a rented item becomes unusable or is damaged significantly during the lease period, the lease may be voided for the remaining period, but compensation should be provided for the time the tenant was able to use it.

Rahn (Pledge) Rules

Article ( ) The pledgee (person receiving the pledge) cannot interfere with the property that has been pledged without the permission of the pledgor (person giving the pledge). If any action is taken, such as replacing items in a house, the pledgee must pay the equivalent of the rent for the use. If the property is damaged as a result of the interference, the pledgee will be liable.

Article ( ) The pledgor cannot interfere with the property that has been pledged, or anything accessible to them, in a way that is inconsistent with the pledge and could lead to a reduction in its value, unless the interference is for maintenance or reconstruction, such as watering animals, feeding grass, or watering trees, which is permissible.

Article ( ) The pledge in the hands of the pledgee is considered a trust from the pledgor. Therefore, if the property is damaged or lost while in their care, without any negligence or violation, the pledgee is not responsible.

Article ( ) A pledge is not valid without delivering the pledged item to the creditor. However, if the pledge is represented by, for example, a house being pledged in the form of a notarized deed and the deed is given to the creditor so that if necessary, they can recover the debt by selling it, the pledge is valid even if the debtor continues to reside in the house.

Article ( ) If the creditor sells the pledged property with the debtor’s consent, the pledge becomes void, and the money received from the sale is no longer considered pledged unless the sale was specifically permitted under the condition that the proceeds would replace the original pledged property, in which case the money from the sale would also be considered as part of the pledge.

Article ( ) If the debtor is required to pay their debt and the creditor requests payment but the debtor refuses, the creditor, provided they have the owner’s authorization, may sell the pledged property to recover the debt. If any amount remains, the creditor must return the balance to the debtor. If the creditor does not have such authorization, they must seek permission from the Shari’a judge, and if that is not possible, they must obtain approval from trustworthy, just believers. If none of these options are available, the creditor may still sell the pledged property to recover the debt and must return any remaining balance to the debtor.

Article ( ) If the debtor does not own anything besides a house of reasonable standard and items necessary for their livelihood, the creditor cannot claim the debt from them. However, if the debtor has a house, furniture, and other pledged items, the creditor may sell the pledged property and recover the debt.

Article ( ) In cases where selling the pledge is permissible, the creditor should sell only an amount equivalent to their claim. If the amount obtained from the sale exceeds the debt owed, the creditor must return the excess to the debtor. If the creditor is unable to return it immediately, they must keep it in trust or, if unable to do so, entrust it to a just jurist.

Article ( ) If the amount obtained from selling the pledged property is less than the creditor’s claim, the remaining amount must be claimed from the debtor.

Article ( ) If selling the pledge is permissible but the debtor does not want the creditor to sell the entire property, the creditor must consult with a Shari’a judge. If that is not possible, they must consult with a just believer.

Article ( ) If the pledgor wishes to use the pledged property to settle their debt, they must obtain permission from the pledgee. If the pledgee refuses, the pledgor may seek permission from a Shari’a judge.

Article ( ) If a house is leased at a lower price and a loan or pledge is taken as collateral with the agreement to return it after the lease term, and if this arrangement involves a legitimate loan or pledge in accordance with custom, there is no issue.

Article ( ) If a loan is given to the homeowner with the condition that the house is pledged as collateral, and the house is either rented for a nominal amount or no rent is paid, this constitutes usury (riba) and is prohibited. The correct approach is to first lease the house, even for a minimal amount, and then agree that the tenant will borrow a specific amount, with the tenant being allowed to use the property. This is not usury and is permissible.

Article ( ) “Ja’ala” refers to an agreement where a person promises a specific reward for a task performed on their behalf. For example, they may say, “Whoever finds my lost item will receive 100,000 tomans.” The person making this promise is called the “ja’il” or “employer,” and the person performing the task is called the “aamil” or “contractor.”

Article ( ) Ja’ala differs from hiring (ijara) in three key ways:

1. In hiring (ijara), the worker must perform the task after the contract is made, and the employer owes them the agreed-upon wage. In Ja’ala, however, the contractor may choose not to start or may cease midway, and the employer only owes payment if the task is completed.
2. Ja’ala can be made with either a specific person or an unspecified individual. For instance, a person might say, “Whoever retrieves my submerged item will receive 100,000 tomans,” or “Whoever performs this task will get 100,000 tomans.”

Conditions and Rules of Ja’ala

Article ( ) The ja’il must be of legal age, sane, and act willingly and in full accordance with their ability to manage their property according to Shari’a law.

Article ( ) Ja’ala is not valid if the person making the promise is legally incompetent or restricted from managing their property, such as a person declared legally incompetent (safi) whose property is misused, or if a Shari’a judge has prohibited them from managing their property.

Article ( ) Ja’ala is not valid for a bankrupt person in respect to any property they are prohibited from managing according to Shari’a law.

Article ( ) The task that the ja’il requests from the aamil must:

1. Not be haram (forbidden) or useless.
2. Not be a religious obligation that must be performed for free, unless there is a rational interest for the ja’il. For example, if someone says, “Whoever drinks alcohol or eats excessive food, or goes to a dangerous place in the dark, or prays an obligatory prayer, I will give them 10,000 tomans,” the Ja’ala is invalid.

Article ( ) If the ja’il specifies a particular object or reward for the task, it must be clearly described, for example, “Whoever finds my car, I will give them a specific amount of gold,” or “Whoever retrieves my lost item, I will give them 100,000 tomans.”

Article ( ) If the ja’il does not specify an amount for the reward, the Ja’ala is invalid. In such a case, if the task is completed, the aamil is entitled to a fair wage (agreed-upon reward) based on the value of the work.

Article ( ) There is no need to specify every characteristic of the reward. If the reward is clear to the aamil and can be reasonably understood, the Ja’ala remains valid. For example, if the ja’il says, “Sell this property for more than 100,000 tomans and keep the excess,” the Ja’ala is valid. Similarly, if they say, “Whoever finds my car will receive half the value of it,” the Ja’ala is valid.

Article ( ) If the aamil performs the task before the Ja’ala contract is made, or if they perform it with the intention of not receiving a reward, they are not entitled to any payment.

Article ( ) If someone says, “Whoever finds my lost item, I will give them half of it,” the Ja’ala is valid if the aamil knows the characteristics and value of the item.

Article ( ) Before the aamil starts their task, both the ja’il and the aamil can mutually agree to cancel the Ja’ala contract.

Article ( ) After the aamil starts their work, if the ja’il wishes to cancel the Ja’ala contract, this is problematic unless both parties agree. In this case, the ja’il must pay for the work that has already been completed.

Article ( ) The aamil can leave the task incomplete, but if not finishing the work causes harm to the ja’il or another party, they must complete the work. For example, if a doctor starts eye surgery and does not finish, causing damage to the eye, the aamil must finish the work or be held liable for the harm caused.

Article ( ) If the aamil leaves the task unfinished and it is of a nature where completion is necessary for the ja’il to benefit, such as retrieving a lost item, the aamil cannot request a reward.

Article ( ) If the ja’il has stated the reward for completing the task, for example, “Whoever sews my clothes will receive 10,000 tomans,” and the aamil only completes part of the task, the ja’il must pay for the completed portion, though it is recommended to settle by mutual agreement.

Mudaraba

Mudaraba is a business and commercial contract between an investor (capital provider) and a manager (working with the capital), based on shared profits.

( ) If the owner and the farmer discover after the work that the agricultural contract (Muzara’ah) is invalid, and if the seed belongs to the owner, then the product will also belong to him. However, the owner must pay the farmer the reasonable compensation (Ijarah) for the work, unless they had agreed that all the produce would belong to the landowner, in which case the contract would be considered invalid, and the owner would owe nothing.

( ) If the agricultural contract is invalid, and if the seed belongs to the farmer, then the produce will belong to the farmer. However, the farmer must reimburse the owner for the rent of the land and any expenses that the owner has paid or any other costs incurred by the owner for items used for the landowner’s benefit. Unless it was agreed that all the produce would belong to the farmer, in which case the rent of the land and the expenses paid by the owner are not the responsibility of the farmer. In both cases, if either party receives more than their agreed share, and the other party is aware of this, there is no obligation to return the excess.

( ) If the seed belongs to the farmer and, after the work, they find that the agricultural contract is invalid, and both the owner and the farmer agree to leave the crop on the land, it is permissible, whether or not it involves payment.

( ) If the agricultural contract is invalid, and the seed belongs to the farmer, the owner can compel the farmer to harvest the crop before it matures.

( ) In the case of an invalid agricultural contract, even if the farmer agrees to give something to the owner, the farmer cannot be forced to leave the crop on the land. Similarly, the owner cannot compel the farmer to give anything, even if the owner permits it.

( ) If, after the harvest and the completion of the contractual period, the roots of the crop remain in the soil and the following year it grows again and bears fruit, and if the owner and farmer have overlooked the crop in such a way that it no longer belongs to them, it will be considered public property, and others may claim it without any issue.

( ) If it has been agreed that all the harvest and its roots will be shared by both parties, the harvest of the following year must also be divided.

( ) If the contract only pertains to the harvest of the first year, then the second year’s harvest belongs to the seed-owner.

The Expiration of the Agricultural Contract and Failure to Yield Produce

( ) If the agricultural contract expires and no produce has been yielded, there are three possible scenarios:

• (a) If the owner agrees that the crop may remain on the land, either with or without rent, and the farmer also agrees, there is no issue, and they can leave the crop on the land.
• (b) If the owner disagrees, the owner can compel the farmer to harvest the crop. If the harvesting causes any damage to the farmer, the owner is not obliged to compensate for the loss.

( ) After the expiration of the agricultural contract, even if the farmer agrees to pay something to the owner, the farmer cannot compel the owner to allow the crop to remain on the land. However, if the farmer has not been negligent and harvesting the crop would not harm the farmer, and the farmer is willing to pay the owner rent for the land, the owner must accept this and allow the crop to remain.

( ) If the farmer refuses, they may harvest the crop, and the owner cannot force them to leave it, even if it does not cause harm to the farmer. If harvesting the crop would cause harm to either the owner or both, and the owner does not demand compensation, the farmer must accept the situation.

( ) If the contract begins at or before the time when Zakat is due (when the grain reaches maturity), each party must pay Zakat on their share of the produce. However, if the contract begins after the time when Zakat is due, the Zakat of the harvest will be the responsibility of the seed-owner.

( ) If the contract specifies that the land and the crop will be the responsibility of one party and the seed and other tasks will be the responsibility of the other, the contract is valid.

( ) It is not necessary for the agricultural contract to involve only two parties. It can be made with several parties, for example, one party might be responsible for the land, another for the crop, a third for the seed, and a fourth for the tools and other tasks.

( ) It is not required that the land in the agricultural contract be owned by the person granting the contract; it is sufficient that the person has the right to use the land, for example, through leasing, and they are the owner of the land’s benefits.

( ) The contract in the form of Musaqat (a contract for tree cultivation) is such that a person grants another the right to tend to fruit trees, either owned by the original owner or managed by them, for a specified period, and they share the fruits according to the agreement.

Conditions of Musaqat:

( ) In Musaqat, both the owner and the person tending to the trees must be adults and sane, and neither party should have been coerced into entering the contract. The owner must not be financially irresponsible (such as squandering their wealth) nor bankrupt.

( ) If the owner is bankrupt, but no intervention is required in their assets, they can still enter into a Musaqat contract.

( ) The sanity and adulthood of the worker in a Musaqat contract are not essential, unless the worker needs to access their own assets for the work.

( ) The Musaqat contract does not require a verbal contract (sigha); if the owner intends to grant the trees for cultivation, and the worker accepts the task with the same intention, the contract is valid.

( ) A Musaqat contract is not valid for trees that do not bear fruit, such as poplar or willow trees, but it is valid for trees like henna or sidr, whose leaves are used, or trees that are cultivated for their flowers, such as those used for rose water extraction.

( ) The duration of Musaqat must be specified and should be such that produce can be harvested from the trees during that time.

( ) The share of each party in the Musaqat contract must be determined as a proportion, such as one-half or one-third.

( ) If the contract specifies that, for example, the owner receives 100 units of produce, and the remainder goes to the worker, the contract is not valid unless it is stipulated that the worker will transfer the specified amount of produce to the owner after harvest.

( ) In Musaqat, if the trees are of different types and the yield from each type is known, the parties may assign specific shares for each type of fruit.

( ) The Musaqat contract must be made before the fruits are visible, and if the fruits are already visible but not yet ready for harvest, the contract is valid as long as necessary work, such as irrigation, which is needed to improve the quality or quantity of the fruit, remains to be done. Otherwise, the contract is invalid.

( ) In the absence of specific conditions regarding the division of labour, the worker is responsible for tasks such as planting, preparing tools, tending to the trees, and other necessary tasks for the production of fruit.

( ) For one-time tasks such as constructing a water canal or irrigation system, which will last for years, the responsibility falls on the owner.

( ) In Musaqat and Mudarabah, the land taxes fall on the landowner, not the worker, unless specified otherwise in the contract.

( ) If the Musaqat contract specifies that the owner will do all the work, the contract is invalid, as it contradicts the nature of Musaqat, where the worker is entitled to a portion of the harvest in exchange for their efforts. Without this, they cannot claim any benefit from the produce.

( ) Regarding melon vines and similar crops, if there is a clear contract specifying the number of plants and the share of each, the agreement is valid even if it is not called Musaqat.

( ) For trees that do not require irrigation, such as those that depend solely on rainfall or moisture in the soil, the Musaqat contract remains valid if other work, such as fertilisation, is necessary to improve the fruit.

( ) In Musaqat, both parties can mutually agree to terminate the contract.

( ) If the contract allows either or both parties to cancel it, terminating the contract is permissible.

( ) If a condition in the Musaqat contract is not fulfilled, and the party benefiting from it cannot force the other to comply, they may cancel the contract.

( ) Musaqat contracts are not invalidated by the death of one of the parties; instead, the heirs of the deceased replace them.

( ) If the person responsible for tending the trees dies, and it was agreed that they personally perform the work, the contract becomes invalid. However, if it was not stipulated that the person themselves must perform the work, the heirs will replace them, and if the heirs refuse to continue the work, the court will appoint workers and divide the produce between the owner and the deceased’s heirs.

( ) The responsibilities of each party in the Musaqat contract, such as repairing a water channel or providing fertiliser, must be specified at the outset, and if there is a customary practice, it should be followed.

Possession and Sequestration

M (1): Possession and sequestration are means of acquiring property or obtaining a specific right and encompass a variety of cases, such as hunting, the reclamation of barren land, and the retrieval of property from which the owner has distanced themselves. The issues surrounding this matter are addressed elsewhere.

M (2): All people are equal in benefiting from shared resources, but anyone who starts exploiting these resources first has priority. This is also the case with matters that are capable of being owned, such as hunting fish, where whoever catches it becomes its owner. However, the rightful Islamic state has the authority to temporarily or permanently allocate the use of certain shared resources for itself or specific individuals, in the interest of the country and its people.

Ownerless Property

“Ownerless” refers to property whose owner is unknown.

M (1): Abandoned lands that are not considered to have no owner, but whose owner is either unidentified or unknown, fall under the same category as other properties that have owners, and any action regarding them must be done in consultation with a jurist who meets the conditions.

M (2): If an animal, such as a chicken, enters a house and its owner is not known, it is not considered lost property (Luqta). Instead, it is “ownerless,” and efforts must be made to locate its owner. If the owner cannot be found, the animal or its value may be given as charity with the permission of the religious authority. Similarly, if a pigeon enters someone’s home and its wings are clipped or not, and the owner is unknown, the person may take it for themselves, but if they know it has an owner, they must return it to its rightful owner. If the owner cannot be identified and all efforts to find them are unsuccessful, the animal should be given as charity.

M (3): If an animal is found in an inhabited area, one of two situations may apply:

A. If the animal is healthy and not at risk of dying, it is impermissible to take it. However, if it is taken, the finder must take care of it and provide for its feed. They cannot demand compensation from its owner. If the animal is a sheep and its owner is not found, the finder may keep it for the owner or sell it after three days, donating the proceeds as charity on the owner’s behalf. If the owner appears and refuses to accept the charity, the money must be returned to them.

B. If the animal is at risk due to illness or other factors, it may be taken. In such a case, providing feed for the animal is obligatory. If the person does not intend to act without charge, they may claim compensation for the animal once the owner is found, or use the animal’s milk, wool, or labor, deducting the costs. If the animal dies, the person is not liable unless they were negligent in its care.

M (4): If an animal is found in an uninhabited place, such as a desert, forest, mountain, or a wilderness path, and the owner is unknown, the following applies:

A. If there is water and vegetation in the area and the animal can protect itself from predators, it is impermissible to take it.

B. If there is no water or vegetation and the animal is in danger, such as a sheep or young camel, it is permissible to take it and attempt to identify its owner. If the owner cannot be found, the animal may be kept or preserved for the owner, but if the finder chooses to keep it, they must return it or compensate the owner if they are located.

M (5): If a child is lost and the guardian or caretaker cannot be found, or if the child is abandoned, it is permissible to take and care for the child until they reach maturity or until their father, mother, or paternal grandfather is located. If the child is at risk of dying, this action is obligatory. If the child has any property with them, the guardian may use it for the child’s care with the permission of a religious authority. If the child has no property, the guardian may seek assistance from the public treasury, zakat, or good people, and if these are unavailable, they must personally cover the costs. The guardian may note these expenses and seek reimbursement once the child is able to repay.

M (6): Property whose owner is known but inaccessible is treated as ownerless.

Income

The rules and regulations set by Sharia for different stages and levels of economic activity, whether individual or collective, form the economic system of Islam. Meeting the basic needs of society, ensuring social justice, and realizing the spiritual and material strength of the Muslim community, while adhering to Sharia limits, require systems such as Islamic banking without interest and insurance.

One of the key sources of wealth and investment in Islamic society is the savings of the people and bank facilities, which are part of the “Islamic contracts” system, with insurance providing security and reassurance to investors.

This section discusses the rules of Islamic banking and insurance systems.

Banking Functions

Banks perform a variety of functions. Among the banking operations, the following can be mentioned: borrowing, accepting deposits, lending, bank credits, safekeeping of goods, sale of abandoned goods, bank guarantees, sale of shares, sale of securities, domestic and international remittances, bank prizes, bill collection, buying and selling currency, overdrafts, and discounting promissory notes. The rulings on each of these matters will be discussed in turn.

First – Borrowing

Banks are of three types:

1. Private: The capital of these banks is derived from the assets of one or more investors.
2. Governmental: Their capital is derived from state assets.
3. Joint: These banks are formed from the capital of both the state and private investors.

M (1): Borrowing from governmental banks with the condition of paying interest is not permissible, as this constitutes usury (Riba), and there is no difference between offering collateral or not. If a loan is taken with this condition, both the loan and the condition are invalid, as the bank does not own its assets to transfer them to the borrower’s ownership.

M (2): A borrower can avoid usury by receiving the desired amount from a governmental bank as property whose owner is unknown and handling it with the permission of a Sharia scholar. In this case, knowing that the bank will later demand both the principal and interest does not raise an issue, and it is permissible to repay the loan if requested by the bank.

M (3): Borrowing from private banks with the condition of paying an amount greater than what was borrowed is usury and unlawful. If such a loan is taken, both the loan and its condition are void, and the payment of the excess amount to fulfill the condition is forbidden.

M (4): To avoid usury in borrowing from a bank with interest, one can choose one of the following options:

• The borrower or their agent may buy goods from the bank at a price higher than the actual cost or sell goods to the bank at a price lower than the actual cost, with the agreement that the bank will lend a certain amount to the borrower for a fixed period. This form of borrowing is permissible and is not considered usury. The same ruling applies to gifts, leases, and settlements conditional on lending.
• The loan may be converted into a sale, such as a bank selling a certain amount of money (e.g., one hundred thousand tomans) for a higher price (e.g., one hundred twenty thousand tomans) on a deferred payment plan. This does not constitute usury, and there is no objection to receiving the amount after the set period.
• The bank may sell goods to the buyer on credit and then repurchase the same goods at a discounted price. If no prior agreement was made that the bank would repurchase the goods, this transaction is valid.

In the last two cases, the bank cannot demand additional money for delayed repayment, as collecting interest for delayed payments constitutes prohibited usury.

(1) Once the owners of goods have informed the bank about the presence of the goods, if they refrain from collecting them and paying the bank’s fees, the bank has the right to sell the goods and claim its dues from the proceeds.

(2) In the aforementioned case, the bank may sell the goods, and others may purchase them, because by the explicit or implicit condition in such cases, if the owners of the goods fail to collect their property and pay the corresponding fees, the bank acts as their agent to sell the goods. Just as the sale is permissible, so too is the purchase.

Sixth – Bank Guaranty

Occasionally, individuals or groups are tasked with carrying out a project on behalf of a governmental or non-governmental entity, such as constructing a school, clinic, or bridge. In such cases, the party to whom the commitment has been made may request a guarantee from the party responsible for the project, to ensure that they pay any damages if the project is not completed within the stipulated timeframe. To assure the commitment, the obligor may request a guarantee from the bank. The obligor then approaches the bank to issue a guarantee, ensuring that in the event the obligations are not met within the given time and the specified damages are not paid, the bank will be responsible for compensating the losses.

(3) The bank’s commitment to pay the requested expenses to the project owner in case of the obligor’s failure to execute the project or to pay the damages is a form of financial guarantee (as opposed to the guarantee in the context of transactions, which refers to a person’s commitment to ensure the presence of another person who holds a right against them). Financial guarantee differs from a surety in that in a surety, the guarantor’s responsibility is tied directly to the actual debt owed, and if the guarantor dies before the debt is settled, it is deducted from their estate before it is divided among heirs. However, in a guarantee, the responsibility is not tied to the actual debt, but rather to the payment of the debt under certain conditions, and if the guarantor dies before fulfilling it, their estate is not liable unless specified by their will.

(4) The guarantee contract is valid if it clearly indicates the guarantor’s commitment, through any form such as oral, written, or actions, and the consent and acceptance of the person being guaranteed is also made clear.

(5) The bank may charge a fixed fee for providing the guarantee for executing a project. This contract may be classified as a ju’ala (a type of contract where compensation is promised for a specific act). In this case, the obligor determines a ju’ala (reward) for the bank in exchange for the guarantee. Thus, it is permissible for the bank to receive this amount.

(6) If the obligor fails to execute the project within the designated period and refuses to pay the agreed-upon damages to the employer, and the bank, as the guarantor, compensates the employer, the bank has the right to recover the amount from the obligor. This is because the bank’s guarantee was made at the request of the obligor, and the obligor, as a result of their commitment, is liable for the damages incurred by the bank. Therefore, the bank can seek reimbursement for the incurred costs from the obligor.

Seventh – Sale of Shares

Sometimes, joint-stock companies appoint the bank as an intermediary for the sale of their shares. The bank, for a specified commission, acts on behalf of the companies in selling their shares.

(7) The sale of shares through the bank is permissible because it essentially constitutes either a hire agreement or a ju’ala contract. In both cases, the transaction is valid, and the bank may receive a commission for carrying out the sale.

(8) The buying and selling of shares mentioned is valid unless the transactions of the joint-stock company are impermissible, such as if they involve the trade of alcohol or engage in usurious transactions. In such cases, buying shares in such a company and participating in these transactions would be impermissible.

Eighth – Sale of Securities

Bonds are certificates issued by the relevant legal authority at a fixed nominal value and for a specific term, sold at a price lower than their nominal value. For example, a bond with a nominal value of one million tomans might be sold for 950,000 tomans, with the condition that it will be redeemed at its full nominal value after one year. Sometimes, the bank becomes responsible for selling these securities in exchange for a specified commission.

(9) As mentioned, the sale of securities is carried out by the issuer selling a bond with a nominal value of one million tomans (due at a later date) for 950,000 tomans in cash. This does not constitute a usurious loan, and therefore, the sale of such securities, which are traded by official bodies, is permissible.

(10) The bank may engage in the buying and selling of bonds and may also charge a commission for this activity.

Ninth – Internal and External Transfers (Hawala)

In Islamic jurisprudence, hawala refers to the transfer of debt from the responsibility of the original debtor to another party. In banking, this term is used in a broader sense. Examples of banking hawala include:

1. A bank issues a hawala for its customer, instructing another bank in the same country or abroad to credit a specific amount to the customer’s account, for a fixed commission. This commission is permissible because the bank has the right not to settle debts outside its branch.
2. A bank issues a hawala that allows the recipient to obtain a certain amount from another bank, either domestically or internationally, where the recipient does not hold an account. The bank receives a commission for this service, as the first bank is essentially contracting the second bank to lend on behalf of the first, which is not deemed as interest-based lending but rather as an agency agreement.

It should be noted that if the amount involved in the hawala is foreign currency, the bank assumes another right, as the debtor is obligated to pay the amount in foreign currency specified in the hawala. If the bank waives this right and allows payment in the domestic currency, it is permissible to charge a fee for waiving the right. Additionally, the bank may convert the foreign currency into domestic currency with an added premium.

1. A person deposits a specified amount of money into a bank and receives a hawala, which allows them to claim the equivalent amount from another bank in a different city or country. The bank charges a commission for this service.

(11) A hawala may involve two transfers, such as when the debtor sends a cheque to the bank in the name of the creditor, and the bank forwards the cheque to a branch in the creditor’s city or another bank to facilitate the payment. In this case, there are two hawalas:

• The debtor transfers the debt to the bank, which becomes responsible for paying the creditor.
• The bank then forwards the payment to the creditor’s bank or branch.

The bank’s role in the first hawala is accepting the transfer, and in the second, it issues the hawala. Both hawalas are valid and permissible.

Banking Operations and Related Issues

1. Bank Transfers and Commissions

If a bank’s transfer order to its own branch is considered as an endorsement or guarantee of the bank, and no debt transfer is made, but in reality, the bank has asked its agent to pay a personal debt at a specified location, collecting a commission in such cases is not problematic. It is permissible for the bank to request a commission in return for performing the above-mentioned operations, even for accepting transfers for an individual who already holds an account with the bank. This is because the transfer is analogous to an order to a debtor, which the bank may accept and charge a commission for.

1. Transfer to Individuals

The principles discussed regarding transfers and their jurisprudential rulings also apply to transfers made to individuals. This means that a person can pay an amount to another and, in return, obtain a transfer for a different city, for which the recipient may also charge a commission. Alternatively, a person may collect a sum from someone and transfer it to another, with the creditor collecting a commission for the transfer.

1. Debt Transfer

There is no distinction in the aforementioned rules between transfers made to a debtor or to someone else. The first case is similar to the situation where the debtor has an account at the recipient’s branch, while the second involves a situation where there is no such account.

 Bank’s Responsibility in Payment and Transfer

In the case where a bank acts as an intermediary in a transfer, it is responsible for ensuring the accurate and timely payment of the specified amount to the designated recipient. This means the bank assumes liability for the safe and secure handling of the transfer. However, the bank’s responsibility is typically limited to the transfer itself and does not extend to ensuring the recipient’s satisfaction with the services rendered, unless explicitly stated in the contract or terms of service.

 Role of Bank as an Agent

When a bank acts as an agent for a client in carrying out a transfer, the client’s interests are the bank’s primary concern. The bank, in such a role, is required to ensure that the transfer is processed as per the client’s instructions and in compliance with relevant laws and regulations. Any deviation from these instructions can render the bank liable for any financial or legal consequences that arise due to negligence or failure to meet contractual obligations.

 Commissions and Charges

The practice of charging commissions or fees for transfers is considered legitimate as long as it adheres to established agreements and transparent policies. Banks, when acting as intermediaries, are allowed to charge for their services, provided that the commission or fee is explicitly agreed upon by the client at the time of initiating the transaction. Such charges must be reasonable and in line with industry standards.

 Transactions Between Banks and Customers

Transactions between banks and their customers are governed by specific regulations that aim to ensure fairness, transparency, and the protection of both parties’ interests. Banks must maintain clear communication with their clients regarding the fees, charges, and timelines associated with any transfer or transaction. Additionally, customers are entitled to request documentation and proof of transfer as part of the transaction process.

 Conclusion

The operations of banks, especially in relation to transfers, commissions, and the responsibility of banks in handling customer funds, are crucial aspects of the banking system. The legal and jurisprudential frameworks governing these activities ensure that all parties involved are treated fairly and with due consideration of their rights and obligations. Understanding these principles is essential for both the banking institutions and their clients to ensure smooth and legally compliant financial transactions.

Introduction

The most important financial options in the Islamic government that enable the advancement of its goals through Sharia are khums, zakat, khums, taxes, and properties.

These resources play a key role in stabilizing the entity of Islam, defending its beliefs and convictions, and spreading its teachings.

Additionally, these sources are crucial in assisting the needy, addressing the necessary material and intellectual needs of Muslims, fostering love and unity between the wealthy and the poor, ensuring the fair distribution of income and wealth, and empowering the Islamic government to manage its financial affairs and Islamic and governmental activities, as outlined by their respective rulings in this section.

Khums

Khums is a financial obligation that every Muslim pays for specific purposes. It constitutes one-fifth of the annual surplus income.

Khums can only be given to a just, qualified jurist who has the capacity to use it correctly. It cannot be given to someone who is neither a jurist, nor just, nor capable of utilizing it properly, even if they are a scholar or a jurist. Similarly, it is forbidden to take khums from unqualified or corrupt individuals.

A person may only be authorized to collect khums on behalf of a just jurist if they have full knowledge of the rules regarding the calculation of assets, the determination of khums, and its usage, and are just in nature. If a representative fails to meet one of these conditions, receiving khums from them is invalid. Even if authorized by a jurist, the person would not be permitted to collect khums. Furthermore, if a jurist knowingly permits a person without the required qualifications to handle khums, the jurist’s own integrity is called into question.

Cases Where Khums is Obligatory

Khums is obligatory in the following seven cases:

1. Income from business, mines, treasure, lawful property mixed with unlawful, jewels obtained from diving in the sea, war booty, and land bought by a dhimmi from a Muslim.

a) Income from Business

If a person earns income from farming, industry, trade, manual work, or employment that exceeds their annual expenses, they must pay one-fifth (20%) of it as khums.

If income is earned through other means, such as gifts, donations, prizes, bequests, personal or general vows, or endowments, and it is not negligible and exceeds their annual expenses, the individual is obligated to pay khums on that surplus.

Dowry and Khums

If a daughter brings dowry from her father’s home and does not use it within the year, it is subject to khums unless she has an immediate need for it or it would be improper for her to lack it.

If a loan is taken to cover the marriage expenses, it is not subject to khums.

Inheritance and Khums

If the deceased person has already paid khums on their wealth, the inheritance is not subject to khums. However, if the heir was unaware or did not believe they would inherit from such a person, they must pay khums on that inheritance.

If the inherited wealth has not had khums paid on it, the heir must pay the khums on it, even if the wealth itself does not contain any khums. However, if the original owner did not believe in paying khums, the heir is not required to pay khums on it.

If the inherited wealth has appreciated in value, the increase in its value is subject to khums.

Savings and Frugality

If a person consumes less than their annual needs and has surplus funds at the end of the year, they must pay khums on that surplus. Similarly, if they consume more than what is reasonable or wastefully, they must pay khums on the excessive amount.

Endowments, Charity, and Khums

If property is endowed for certain individuals, like children, and the income from that property exceeds their annual expenses, they must pay khums on the surplus.

If a poor person receives wealth as a form of khums, zakat, or voluntary charity, and it exceeds their annual expenses, they are not obligated to pay khums on it. However, if they derive income from that wealth, such as earning fruit from a tree given to them as khums, they must pay khums on the additional income.

Business Transactions Involving Khums Wealth

If goods are purchased with income on which khums has not been paid, the buyer must pay one-fifth (20%) of the price to the Islamic authority, even if they did not explicitly state they would use that income for the purchase. If the Islamic authority does not permit the transaction, the transaction is invalid, and the Islamic authority can claim the khums from either the buyer or the seller.

End of the Khums Year

A person’s khums year begins when they choose and does not necessarily coincide with the start of their business year or when they start earning.

A merchant, businessman, or any individual who profits from their work must calculate khums at the end of the year based on any surplus income remaining.

The year for khums can be based on either the lunar or solar calendar, depending on the individual’s preference.

The income left after fulfilling annual living expenses, such as food, clothing, housing, and the like, does not require khums. However, any surplus remaining at the end of the year is subject to khums.

This translation is academic in style, making it suitable for formal or scholarly contexts. It conveys the essential legal and financial rulings on khums while maintaining clarity and precision.

The Payment of Khums (Islamic Tax)

General Principles on Khums Payment

1. Obligation of Khums: Khums is an obligatory religious tax in Islam that must be paid annually. It is a fixed percentage (20%) of certain types of income and gains, divided into two equal parts: one for the descendants of Prophet Muhammad (known as the Sayyids) and the other for the benefit of religious leadership (often referred to as the Imam or religious authority).

2. Conditions for Payment: Khums is owed on various forms of income, including wages, profits, and other financial gains, provided these meet certain conditions. For example, if a person acquires wealth in a given year, they must calculate and pay Khums on the surplus income remaining after their necessary expenses. However, if the person has already used the wealth for purchases or investments during the same year, Khums is not required on those purchases.

3. Exceptions to Khums Payment: There are certain circumstances in which Khums may not be due, such as when the individual is in debt, or when the wealth in question has already been spent for necessary and lawful purposes, and there is no surplus remaining at the end of the year.

4. Deductible Expenses: Expenses that are considered necessary for daily living, such as food, clothing, and housing, are deducted before calculating the surplus income that is liable to Khums. Any additional wealth accumulated beyond the required expenses is subject to Khums.

5. Khums and Investments: If someone uses their income to purchase items that are beyond their immediate need or lifestyle, the value of such items may be subject to Khums. However, items that are deemed necessary and appropriate for their status in society are not subject to Khums unless there is surplus wealth after all expenses have been accounted for.

6. Loan Repayments: Any loans that an individual is required to repay can be deducted from the income subject to Khums. However, only the portion of the loan that is repaid within the same year can be considered as an expense. Repayments made in future years are not deductible in the current year’s calculation.

7. Jewellery and Personal Items: Personal items such as clothing, jewellery, and accessories, which are essential and appropriate for an individual’s social standing, are exempt from Khums. If such items exceed the individual’s needs, the surplus value may be subject to Khums.

8. Haram Wealth: Any wealth that has been obtained through haram (forbidden) means, such as purchasing alcohol or illicit goods, is subject to Khums. If such wealth is mixed with lawful earnings, the entire sum is subject to Khums, and the individual may be required to resolve the matter through reconciliation with religious authorities.

9. Rights of Retirees: Pensions and retirement funds are considered part of the individual’s income for the year in which they are received. If all the funds are spent within the same year, no Khums is due. However, if there is a surplus remaining, Khums is owed on the excess.

Khums on Mines and Treasures

1. Mine Extraction: Any wealth extracted from mines, such as gold, silver, iron, copper, or precious stones, is considered a form of natural wealth and is subject to Khums. The individual must pay Khums if the net value exceeds the prescribed threshold, which is based on the current market value of these minerals.

2. Treasure Hunting: If a person finds a treasure, whether it be in the ground, hidden in trees, or within structures, and the value of this treasure exceeds the specified threshold, Khums is required to be paid.

3. Non-Muslim Property and Islamic Jurisprudence: If a non-Muslim owns property or treasure, the Islamic legal framework may still apply to determine whether Khums is due, especially if the property is part of a transaction or found in circumstances where Khums law is applicable.

4. Shared Ownership in Mining: If multiple individuals are involved in mining or extracting resources from a shared source, Khums is only required from each participant if their share of the extracted wealth exceeds the prescribed threshold. The same applies to mining and treasure recovery operations involving multiple individuals, where the value is divided among them.

5. Khums on Treasure and Other Wealth: If an individual finds treasure or other valuable items in various situations (such as through archaeological digs or during the course of work), and the total value of the wealth exceeds the threshold specified in Islamic law, Khums must be paid.

6. Khums on Mixed Wealth (Haram and Halal): In cases where halal (permissible) wealth is mixed with haram (forbidden) wealth, and the precise amount of haram wealth is unknown, the individual must pay Khums on the entire amount, provided it meets the threshold. If the individual can identify the specific portion of haram wealth, they must either return it to the rightful owner or handle it in accordance with Islamic guidelines.

Khums on Marine Goods and Fossils

1. Marine Resources: Goods extracted from the sea, such as pearls, corals, and other precious marine resources, are subject to Khums if the net value of the goods exceeds a certain threshold. This applies whether the extraction is done by one individual or a group, and whether the goods are retrieved in a single operation or over a period of time.

2. Khums and Animals: If a person catches an animal in the sea and discovers treasure inside, they are subject to the same Khums requirements as if the treasure were found on land.

3. Extraction of Amber: If an individual extracts amber or similar substances from the sea, and the value exceeds the prescribed threshold, Khums must be paid on the total value.

4. Khums and Underwater Resources: If a person inadvertently finds valuable resources, such as pearls or precious stones, during a dive or underwater exploration, they are obligated to pay Khums on the value of the goods found, after deducting any related expenses.

Khums on Military Spoils (Ghani-mah)

1. Spoils of War: When Muslims engage in combat against non-Muslims under the command of a legitimate Islamic leader, any wealth obtained as a result of the conflict is considered “ghanimah” (war booty). The expenses incurred in obtaining this wealth are deducted before calculating the Khums owed.

2. Khums on Military Spoils: During the time of the occultation of the Imam, the spoils of war are still subject to Khums, and any profits from such acquisitions must be calculated and Khums paid. There is no distinction in this requirement between goods that are transferable and those that are not.

3. Land Acquired During War: Lands taken from non-Muslims in warfare are considered part of the Islamic state’s resources and are subject to Khums. The distribution of such land and wealth is handled by the Islamic authorities.

Khums Distribution and Its Guidelines:

(1) Khums is divided into two parts: one part is designated for the Blessed Imam’s share, and the other half is allocated for the Sadaat. This latter share should be given to needy Sadaat, including orphaned Sadaat or those who are stranded during travel and in need, even if they are not poor in their locality. The Imam’s share, in current times, should be entrusted to a just Mujtahid (scholar) or spent on causes that the Mujtahid approves.

(2) If an individual wishes to give the Imam’s share to a Mujtahid from whom they do not follow religious guidance, and if they are certain that the Mujtahid uses the share appropriately, there is no objection to this.

(3) When paying Khums, the payer should intend to seek closeness to Allah, performing the act in obedience to His command. If someone has appointed a representative to deliver the Khums, the representative’s intention of seeking closeness to Allah is sufficient.

Sadaat’s Share:

(4) If a Sayyid (descendant of the Prophet) is stranded during travel, and their travel is sinful or they themselves are involved in sin, they should not receive Khums, unless they repent and avoid continuing in sinful actions during the trip.

(5) It is permissible to give Khums to a Sayyid who is not just but does not openly commit sin. However, it is prohibited to give Khums to a Sayyid who does not follow the Twelve Imams.

(6) Khums should not be given to a Sayyid who is sinful and uses the funds for sinful activities. Even if the Sayyid does not directly spend it on sinful activities, if giving them Khums would support their sin, it should not be given. This also applies to Sayyids who drink alcohol or do not perform their prayers, even if giving them Khums would not directly support their sin.

(7) If withholding Khums from a Sayyid would prevent them from committing a sin, it should not be given to them.

(8) If someone claims to be a Sayyid, they should not receive Khums unless two just individuals attest to their claim, or if it is well-known among people that they are indeed a Sayyid. If there is reasonable suspicion about someone’s Sayyid status, Khums may still be given to them, even if two just witnesses have not confirmed their status and they are not publicly known as a Sayyid.

(9) If a Sayyid is well-known in their locality as a Sayyid, even if there is no certainty about their lineage, it is permissible to give them Khums.

(10) It is permissible to give Khums to a Sayyid woman, with the condition that her non-Sayyid husband uses it for their expenses, especially if the woman has other financial needs that her husband is not obligated to pay for or is unable to pay for. In such cases, the husband may give her his Khums.

(11) If a Sayyid woman has financial obligations to others, which she cannot meet, it is permissible for her to receive Khums to cover these expenses. The same applies if the woman wishes to use the funds for non-obligatory expenses.

(12) One cannot give Khums to someone whose expenses are their responsibility, such as a husband not being able to give Khums to his wife unless she is forced to cover other expenses that are not her husband’s duty or if the husband is unable to cover them.

(13) If the expense of a Sayyid man or woman who is not their spouse becomes obligatory, one cannot use Khums to cover the costs of their food, clothing, or other essential expenses. However, it is permissible to grant them Khums to spend on other needs if these are not obligatory for the giver to pay for.

(14) If a husband cannot meet the expenses of his Sayyid wife due to, for example, high medical costs, it is permissible to use Khums from the husband or another person to cover these expenses.

(15) A Sayyid who is poor and has obligations that others are not able to fulfill may receive Khums, including a woman whose husband cannot afford her living expenses.

(16) Khums should not be given to a Sayyid if it exceeds their needs, except if they require it for investment to sustain their livelihood.

(17) If there is no eligible Sayyid in the town, and it seems unlikely one will be found, it is recommended to send the Khums to another town and give it to someone deserving there. It is also preferable not to deduct the transportation costs from the Khums.

(18) If the Khums is lost while being transported, and there was no negligence in its safeguarding, no further obligation falls on the individual.

(19) It is permissible to transport Khums from one city to another, whether there is a deserving recipient in the original city or not. However, if a recipient is found in the original city and the Khums is lost elsewhere, the giver is required to replace the lost amount from their own assets, and they must also bear the cost of transporting it unless it is better to transport it to another city.

(20) If the Khums is transported with the permission of the religious authority and is lost, there is no need to repay it. This also applies if the Khums is handed over to an agent authorized by the religious authority for transport.

(21) If Khums is not paid from the same type of asset but from another commodity, the giver must account for the actual value of that commodity. If the value is overestimated, they are required to pay the difference, even if the recipient agrees to the overestimated value.

If a grapevine or a date palm is purchased, the price of it does not count as part of the expense. However, if the date palm or grapevine is bought before harvesting and before the obligation of Zakat becomes due—where purchasing such an item is permissible—the amount paid for it is considered part of the expenses.

If a person buys land and plants wheat or barley on it, the price paid for the land is not considered part of the expenses. However, if the crops are bought before the Zakat becomes due, the price paid for them, excluding the cost of straw, can be counted as part of the expenses and subtracted from the income. In agricultural expenses, this principle must always be observed. For instance, if the crops are purchased for 500,000 Toman and the value of the straw at the time of purchase is 100,000 Toman, only 400,000 Toman can be counted as part of the expenses.

If a person who can cultivate without purchasing necessary agricultural machinery buys it, the price paid for the machinery is not counted as part of the expenses.

If a person cannot cultivate without purchasing agricultural machinery and buys it, and if the machinery is completely used up in the process of cultivation, the entire cost of the machinery can be considered part of the expenses. If the value of the machinery depreciates, the reduced amount can also be counted as part of the expenses. However, if after cultivation the value of the machinery does not decrease, it should not be counted as part of the expenses.

If different crops such as barley, wheat, rice, or beans (which are not subject to Zakat) are grown on the same land, the expenses for each crop should only be counted for that particular crop. However, if expenses are shared, they should be divided proportionally. For example, if the crops are of equal value, half of the expenses can be subtracted from the Zakatable crop, and if the use of both crops is equally necessary during cultivation, the expenses should be divided based on the benefit from each. If one of the crops is not needed in cultivation, the expenses should be subtracted from the Zakatable crop only.

If an individual carries out a task such as ploughing in the first year, even if it benefits future years, all the expenses of that task can be deducted from the first year’s income.

If someone has wheat, barley, dates, or grapes in different cities, and their harvesting season differs, and they all count as one year’s produce, the Zakat should be paid on the first batch when it is harvested, provided it reaches the minimum threshold (Nisab). The Zakat on the subsequent crops should be paid as each batch is harvested. If the total amount from the first batch combined with the future crops reaches the Nisab, Zakat is due on the entire amount when the first crop is harvested, and the Zakat for the remaining crops is due when they are harvested.

If one is uncertain whether the total amount will reach the Nisab, they must wait until the remaining crops are harvested. If, collectively, the amount reaches the Nisab, Zakat is due. If the total does not reach the Nisab, Zakat is not obligatory.

If a date palm or grapevine produces fruit twice in one year, and the total amount reaches the Nisab, Zakat must be paid.

If a person has dried dates or fresh grapes, and the dried form reaches the Nisab, if they give away enough fresh fruit intending it to be equivalent to the Zakat of the dried fruit, this is valid and accepted as the Zakat payment.

If the Zakat on dried dates or raisins is due, it cannot be paid using fresh dates or grapes unless the dried dates or raisins are from the same batch of fresh dates or grapes to which the Zakat applies.

If the price of Zakat is calculated and the person offers fresh dates, grapes, raisins, or dried dates as payment, this is problematic. Also, if Zakat on fresh dates or grapes is due, it cannot be paid with dried dates or raisins.

If someone is both in debt and possesses property on which Zakat is due, upon death, the Zakat on the property must be paid first, and then the debt is settled.

If someone is in debt and owns wheat, barley, dates, or grapes, and they pass away before the Zakat on the crop is due, and their heirs pay the debt from other assets, Zakat is still due on the crops, and it can be paid after the debt has been settled.

If the deceased’s estate is exactly equal to their debts, no Zakat is due. However, if the estate exceeds the debt, Zakat is due on the remainder, provided it meets the Nisab. Zakat must then be paid by the heirs whose share reaches the Nisab.

If wheat, barley, dates, or raisins subject to Zakat are of mixed quality, the Zakat on each of the good and bad produce must be paid separately, and it is preferred to pay the Zakat from the good quality produce.

Wheat, barley, raisins, and dates only have one form of Zakat.

Nisab for Gold and Silver

Gold has two Nisabs:

1. The first Nisab is twenty mithqals (equivalent to 15 regular mithqals, with each mithqal weighing 18 carats).
2. The second Nisab is four mithqals (equivalent to 3 regular mithqals).

When gold reaches its Nisab and other conditions are met, Zakat of 1/40th must be paid, which is 9 carats, or approximately 2.5% of the total. If the gold does not reach the Nisab, Zakat is not due.

If three regular mithqals are added to the first Nisab (15 mithqals), Zakat is due on the full 18 mithqals, which is 2.5%. If less than three mithqals are added, Zakat is only due on the first 15 mithqals.

Nisab for Silver

Silver has two Nisabs:

1. The first Nisab is 105 regular mithqals.
2. The second Nisab is 21 regular mithqals.

If silver reaches 105 mithqals and the other conditions are met, Zakat of 1/40th, which is 2 mithqals and 15 carats, must be paid. If silver does not reach this amount, Zakat is not due.

If 21 mithqals are added to 105 mithqals, Zakat is due on the full 126 mithqals, but the added silver is not subject to Zakat.

If 2.5% of the gold or silver is paid, the obligatory Zakat has been fulfilled. In other words, if 21 mithqals are added, the Zakat on the entire 126 mithqals must be paid, but if less than that is added, the added amount is not subject to Zakat.

If a person pays 1/40th of their gold or silver, which exceeds the first Nisab, they have paid their Zakat. For example, if someone has 110 mithqals of silver and pays 1/40th, they have paid the Zakat for 105 mithqals, and any extra will not incur Zakat.

Zakat is due annually on gold and silver. If Zakat on gold or silver is paid and the individual possesses enough to meet the Nisab the following year, Zakat must be paid again, unless the amount falls below the Nisab. However, this is not the case for Khums (a form of Islamic tax), which only applies once unless the wealth increases.

Zakat is due on gold and silver coins if they are in circulation as currency, even if the original minting of the coins is no longer in use.

Gold and silver coins used by women for adornment are not subject to Zakat, even if the coins were once in circulation.

If a person possesses gold and silver but neither reaches the Nisab—e.g., 104 mithqals of silver and 14 mithqals of gold—no Zakat is due on the individual.

Zakat on gold and silver is only due if the individual has owned the amount of Nisab for at least 11 months. If during this time the amount falls below the first Nisab, no Zakat is due.

If gold or silver is exchanged or melted into another form, Zakat is still due on the value of the original coins, even if they are no longer in coin form.

If an individual possesses gold and silver with mixed purity, the Zakat is due based on the pure value of the gold or silver, not the mixed purity.

If the gold or silver is in a form with more than the usual amount of other metals, Zakat is due if it reaches the Nisab, even if the pure gold or silver falls short of the Nisab.

If a person is uncertain whether the pure gold or silver reaches the Nisab, they should try to ascertain the exact amount and pay enough Zakat to be certain they have paid the due amount.

The cow has two legal thresholds (nisabs):

1. First Nisab: The first threshold for cows is 30 heads. When the number of cows reaches 30, if the specified conditions are met, one must pay zakat on a male or female calf that has completed one year and entered its second year.
2. Second Nisab: The second threshold is 40 heads. The zakat due on this is one female calf that has reached its third year. There is no zakat on the number of cows between 30 and 40. For example, someone who owns 39 cows only has to pay zakat for 30 of them. Similarly, if the number of cows exceeds 40 but does not reach 60, the zakat is only due on the 40 cows.
3. Third Nisab: When the number of cows reaches 60, which is double the first nisab, two calves, each having at least entered the second year, must be paid as zakat. This pattern continues as the number of cows increases; every additional 30 or 40 cows counts as a separate zakat calculation. It is permissible to divide the herd into groups of 30 or 40 to calculate zakat, as long as the method used does not leave an amount greater than 9 heads uncounted. For instance, someone with 70 cows should divide them into groups of 30 and 40, paying zakat for each group separately.
4. Example of 80 Cows: If someone owns 80 cows, they must divide them into groups of 40 and count zakat accordingly. If counted by both 30 and 40, they would not pay zakat on 10 cows. However, if counting by 40 heads only, zakat would be due on 40 cows, and no additional zakat would be required until the number reaches 60.

Zakat on Sheep:

1. Nisab of Sheep: Sheep has five thresholds:
   • First Threshold: 40 sheep, requiring the payment of one sheep as zakat.
   • Second Threshold: 121 sheep, requiring two sheep as zakat.
   • Third Threshold: 201 sheep, requiring three sheep as zakat.
   • Fourth Threshold: 301 sheep, requiring four sheep as zakat.
   • Fifth Threshold: 400 or more sheep; in this case, the owner should count them in hundreds, paying one sheep for every 100, and there is no zakat due for amounts less than 100.
2. Zakat for sheep is due as described above, and it is not obligatory to give zakat from the same sheep. You may substitute them with other sheep or even other animals like cows, camels, or money, unless giving the actual animal is considered more beneficial to the recipient.
3. General Rule: Zakat is not required for livestock that do not meet the nisab for zakat. For instance, if the number of sheep is between 40 and 121, zakat would only be required for 40 sheep, and there is no zakat due for the extra sheep.
4. Animal Types in Zakat: Cows and buffaloes are considered one type for zakat purposes, and similarly, camels, whether Arabian or non-Arabian, are also considered one type. The same applies to goats and sheep for zakat.
5. Condition of Animals: If the animal given for zakat is sick, damaged, or aged, it can still be given as zakat, provided the animal’s condition does not make it less valuable than other livestock that would qualify for zakat. If a herd consists of a mix of healthy, sick, and aged animals, only the healthy and valuable ones should be chosen for zakat.
6. Trade or Exchange: If an individual exchanges their livestock before the completion of the year (e.g., before the 11th month), zakat does not apply. However, if they exchange their livestock for similar livestock (such as exchanging 40 sheep for 40 other sheep), they will still need to pay zakat on the new livestock.
7. Zakat from Other Sources: If someone has livestock that is zakat-eligible but pays zakat from another source, they must continue to do so yearly until the livestock falls below the nisab threshold.

Zakat on Capital:

1. Conditions for Paying Zakat on Capital: If someone acquires wealth through trade or other means and intends to hold it for profit, they are encouraged to pay zakat on it under the following conditions:
   • The person must be an adult and mentally competent.
   • The wealth must meet the nisab threshold, similar to the nisab for gold or silver.
   • The person must have kept the wealth for a year with the intention of making a profit.
   • The wealth should be available for use at all times during the year.
   • There must be a buyer for the wealth during the entire year.

Recipients of Zakat:

Zakat can be distributed to the following recipients:

1. Poor (Faqir): A person who cannot afford their own and their dependents’ annual expenses.
2. Needy (Miskin): A person whose situation is even more dire than a poor person and is too ashamed to ask for help.
3. Zakat Collectors: Those employed by the Imam or his representative to collect and distribute zakat can receive zakat for their work.
4. Non-Muslims: Zakat can be given to non-Muslims if they are in need, especially if they are likely to convert to Islam or assist Muslims in war efforts.
5. Debt Repayment: A person who cannot repay a debt and is unable to support themselves may receive zakat, as long as the debt was not incurred in sinful activities.
6. In the Path of Allah: This includes spending zakat for religious or community services, such as building mosques, schools, roads, or for education and spreading knowledge.
7. Travelers: A traveler who is stranded and unable to complete their journey can receive zakat, even if they are not poor in their hometown.

Zakat Usage Conditions:

1. Recipients’ Religious Status: Zakat can only be given to Muslims, specifically those who are Shia Ithna Ashari, unless the person’s conversion is recognized through reliable sources.
2. Children and Dependents: Zakat can be given to the guardian of a child or mentally ill person for their upkeep.
3. Zakat from Others: Zakat can be given to someone else’s dependents or to another person if it is clear that the recipient will use it appropriately.

Final Notes: Zakat must be given to those in need in the manner prescribed by Islamic law, and its distribution must be done with full intention and care to ensure that it is used for its proper purpose.

( ) Can Zakat be spent on cultural activities, or if a religious interest warrants it, can it be endowed for something of special interest, even if that endowment is for one’s children or those whose expenses are obligatory upon them? In such a case, the person can take charge of the endowment or delegate this responsibility to their children.

( ) It is not permissible to buy property with Zakat for personal use or to endow it to one’s children or others whose maintenance is obligatory upon the person unless there is a specific religious interest for doing so.

( ) A poor person may receive Zakat for going on pilgrimage (Hajj) or for visiting holy sites, and if they have already received enough Zakat for the expenses of the year, they cannot receive more from the share of the poor for such purposes, though if there is a religious interest, they may use the portion designated for travellers in need.

( ) If an owner appoints a poor person as an agent to give their Zakat, and the poor person is unaware that the owner intended that the poor person should not take Zakat for themselves, the poor person may take what is needed for their own expenses. If the poor person is certain that the owner did not intend for them to keep any Zakat, they may take the entire amount, provided this does not result in them no longer qualifying as poor.

( ) If a poor person takes camels, cows, sheep, gold, or silver from Zakat to meet their needs, and by chance the year passes, they are still obligated to pay Zakat on those items if the conditions for Zakat’s obligation are present.

( ) If two people jointly own property on which Zakat is due, and one of them divides the property and pays Zakat on their share, knowing that the other person has not paid Zakat on their portion and will not do so in the future, they may, with the permission of the Islamic jurist, manage their share as they see fit.

( ) A person who owes Khums or Zakat, as well as expiation, vows, or similar obligations, and has debts, must, if they are unable to pay all of them, prioritise paying their Khums and Zakat if the property subject to them has not been lost. If the property has been lost, they should pay Khums, Zakat, or their debts first, and fulfil expiation or vows at a later time.

( ) If a person dies while owing Khums, Zakat, debts, vows, or Hajj, and their estate is insufficient for all these obligations, the estate should be used to pay Khums, Zakat, or debts first. Any remaining funds should be allocated to Hajj, whether or not the property subject to Khums and Zakat has been lost.

( ) A person studying religious sciences should not have any occupation other than studying. Their living expenses should, on average, be met from the Imam’s share of Khums and the portion designated for those in the path of Allah, and they do not need other forms of Zakat. The expenses of training individuals as experts in religious affairs take precedence over other uses of funds, whether the knowledge being pursued is obligatory, recommended, or permissible. All their expenses must be covered with the permission of the Islamic jurist.

( ) A person who is an adult, sane, and aware at the sunset of Eid al-Fitr, even if for only a moment, and is not poor, must give one sa’ (approximately three kilograms) of the common foodstuff of the locality, such as wheat, barley, dates, raisins, or rice, to the needy. It suffices if they give the equivalent in money.

( ) A person who has the means to support themselves and those dependent on them or gains their income from work is not considered poor. If they do not have this, they are considered poor, and Zakat al-Fitr is not obligatory upon them, but they may receive it.

( ) A person who can meet their current living expenses and those of their family is not considered poor, and they are required to pay Zakat al-Fitr. If they do not currently have the means but can gradually acquire them, they should pay the Zakat, provided it does not cause hardship or disrupt their affairs.

( ) Zakat al-Fitr is obligatory on those for whom one is responsible, even if they are small, large, Muslim, or non-Muslim, regardless of whether their maintenance is obligatory upon the person. However, if a wife is rebellious and refuses to obey her husband, Zakat al-Fitr is not obligatory on him if she is not his dependent.

( ) If a person has someone else pay their Zakat al-Fitr on their behalf, such as a representative in another city, and they trust that it will be paid, they are not required to personally pay it.

( ) Zakat al-Fitr is obligatory on the host if a non-Muslim guest arrives at their home before the sunset of Eid al-Fitr, provided they came to eat. If circumstances change and the guest cannot eat, Zakat al-Fitr is still required from the host.

( ) If a person sends food to someone as a gift before sighting the crescent moon, and this gift is not a regular occurrence nor does the person depend on them for sustenance, Zakat al-Fitr is not obligatory on the person sending the gift, even if the guest breaks their fast with the gift.

( ) Zakat al-Fitr is obligatory on the host if a guest arrives after the sunset of Eid al-Fitr but is still considered a dependent of the host. If the guest arrives after the sunset, Zakat al-Fitr is not obligatory on the host, even if they were invited before sunset and ate their iftar at the host’s home.

( ) If a person is insane or unconscious at the sunset of Eid al-Fitr, Zakat al-Fitr is not obligatory on them. However, if any of their dependents are in this state, the Zakat al-Fitr for those dependents must be paid by the person responsible for their maintenance.

( ) If a person becomes an adult or regains consciousness or wealth after the sunset of Eid al-Fitr, they must pay Zakat al-Fitr. However, if any of these events occur after sunset, Zakat al-Fitr is not obligatory on them.

( ) If a non-Muslim becomes Muslim before the sunset of Eid al-Fitr or a person regains consciousness, they must pay Zakat al-Fitr.

( ) A person who does not have Zakat al-Fitr due at sunset of Eid al-Fitr but becomes liable for it before noon on the day of Eid, it is recommended that they pay Zakat al-Fitr.

( ) A non-Muslim who converts after the sunset of Eid al-Fitr is not obligated to pay Zakat al-Fitr. However, a non-Shia Muslim who becomes a Shia after the crescent is sighted must pay Zakat al-Fitr.

( ) If a person only has one sa’ (approximately three kilograms) of wheat or a similar foodstuff, it is preferred to pay the Zakat al-Fitr. If they have dependents, they can give the sa’ as the Zakat for them, passing it along until it reaches the final person. The last person should ideally give it to someone who is not part of the group. If one of the dependents is a minor, their guardian should take the Zakat for them.

( ) If a dependent is born after the sunset or becomes dependent after sunset, it is not obligatory to pay Zakat al-Fitr for them, but it is recommended to pay it for those who are dependent after sunset and before noon on the day of Eid.

( ) If someone becomes a dependent after sunset but before noon on Eid, Zakat al-Fitr is obligatory on the person who has become their dependent, even if they were not previously dependent.

( ) Zakat al-Fitr is not obligatory for someone whose dependency status changes after sunset but before noon.

( ) Zakat al-Fitr is obligatory on someone who is deemed a dependent at sunset, regardless of any changes in their dependency status later on.

( ) If someone does not pay Zakat al-Fitr at the required time, they must do so later, with the intention of fulfilling the obligation and seeking Allah’s pleasure.

Article ( ) In the event of the establishment of an Islamic Justice State, the extraction of minerals, treasures, and the use of forests and public property must be authorized by the government.

Article ( ) The “Anfal” (public assets) are among the most important financial and economic resources of the Islamic government, and protecting them from any form of aggression, natural harm, or artificial damage is the duty of all the people, and particularly the government. Therefore, when individuals make use of them or when the government sells them, especially to foreigners, the public welfare must always be taken into consideration.

Revenue

The overall structure of society requires the collection of a certain percentage of the income of citizens in order to meet its management needs. This general principle is referred to as “taxation.”

This principle applies in all societies, whether primitive or advanced, religious or secular. However, it is essential to carefully calculate the quantity, quality, or extent of taxation imposed on individuals and social classes. Such taxation, when handled by the country’s taxation system, will create legitimate expectations among the people, and these expectations must be respected. Any neglect in fulfilling this obligation could lead to delays in payments, which may disrupt the management of the society.

Types of Taxation

Article ( ) Taxation may have specific applications, and in contrast to general taxation, it may take a more specific form, being levied only on certain groups or used for specific purposes. For instance, there are specific taxes such as building taxes, municipal fees, income tax for salaried individuals, or religious taxes that have designated areas of expenditure.

Article ( ) In an Islamic society, state taxes do not suffice in place of religious taxes such as Khums, Zakat, Zakat al-Fitr, “Mazhams,” or Kafarat, as the context and consumption of each of these differ, and their social effects are also distinct. Therefore, the payment of both state taxes and religious obligations separately will not result in injustice to the people. This is because each of these taxes has its own specific characteristics and must be observed in relation to both the individuals’ obligations and the purposes for which they are used. However, each of these taxes has many details and specific rules that should not be neglected.

Article ( ) If state taxes and religious dues share the same areas of expenditure or are not optimally used, it will lead to injustice and harm to the society and public, and this must not happen. This is because, just as each form of tax is levied from specific groups and in specific amounts, their areas of expenditure are also distinct. Further clarification of this issue will follow.

Distinction between State Tax and Religious Dues

Article ( ) State taxes on income have a general and social context and do not have the characteristics of religious dues. As public budgets or citizen taxes are not used for religious purposes, religious dues are also not utilized for civic purposes. Although the purpose of both is to benefit the people, state taxes provide for public services, while religious dues provide for specific areas such as the welfare of the faithful. For example, Zakat is specifically used to support poor believers and promote the culture of Sharia, and a portion of it can, if needed, be given to non-believers to win their hearts, whereas municipal taxes do not serve this purpose. Similarly, Khums is designated for religious needs and for meeting the financial needs of poor descendants of the Prophet (Ahl al-Bayt).

State Taxation

Article ( ) The collection of taxes by the state should be based on justice and fairness, and should not impose undue burden or inequality on the people or the society.

Conditions for Tax Collectors

Article ( ) Tax collectors should be competent and faithful individuals, who are free from oppression, extravagance, misconduct, or treachery. Failure to meet these conditions, and engaging in betrayal or negligence, would result in the loss of their professional standing.

Article ( ) National taxes must be evaluated and spent according to clearly defined tariffs and categories, and it is necessary that, where appropriate, an annual report be provided to the public so they are kept informed about the tax-related matters, allowing them to make their annual tax payments consciously.

Article ( ) Using tax revenue for purposes other than those specified by law is unlawful and subject to legal action.

Religious Dues

Article ( ) Religious dues must be systematic and have specific discipline, free from any chaos, and should not deviate from their particular religious system.

Article ( ) Those who collect religious dues, from scholars to their representatives, must possess the necessary qualifications in terms of knowledge and justice, and should adhere to the religious process in all matters.

Article ( ) Religious dues must be spent in their designated areas, and expenditures outside these areas should be avoided.

Article ( ) In cases of insufficient funds, religious dues should be distributed fairly among the needy and the necessary recipients, and those collecting the dues must answer for the needs of those entitled to them.

Article ( ) Religious dues must be distributed to the areas from which they are collected and not be limited to a particular region or the central location. Therefore, dues collected from all over the country or the world should be distributed throughout the country or the world and should not be restricted to the central region or particular areas.

Article ( ) Representatives collecting the dues may receive part of the dues as specified by the scholars, but this should not be done without a fixed tariff or fairness.

Article ( ) The position of representing religious dues should not become a profession or occupation in such a way that some are favored while many are excluded from receiving their due share.

Article ( ) The opinion of the scholar must be applied precisely in the use of religious dues, and although the scholar’s opinion is respected, if it is not in accordance with the religious laws or their own fatwa, it loses its practical value and may lead to the loss of the scholar’s authority in matters of religious observance.

Knowledge and Competence in the Spending of Religious Dues

Article ( ) Knowledge and awareness in matters of jurisprudence and understanding the reasons behind the religious rulings regarding religious dues are different from being knowledgeable or competent in their expenditure. A scholar may be fully competent in issuing fatwas, but may lack the knowledge, ability, or authority to spend religious dues appropriately. Therefore, a scholar who is fully competent in religious rulings must also possess the knowledge and capacity necessary for the proper expenditure of religious dues. If a scholar is fully competent in fatwa but lacks the understanding or ability to manage the expenditure, they should not be entrusted with collecting religious dues. Jurisprudential knowledge alone does not imply knowledge of societal needs, nor does awareness of public requirements necessarily ensure the ability to act correctly in fulfilling them.

Article ( ) A scholar who lacks social awareness or who mismanages religious dues or is incapable of carrying out their duties properly loses their religious authority, as many contemporary issues related to religious dues arise from such problems.

Article ( ) The expenditure of religious dues must be based on justice and fairness in all areas and regions, and should be free from extravagance, waste, or stinginess.

Article ( ) The spending of religious dues should prioritize the most important needs, with particular emphasis on the welfare of the poor.

Article ( ) Religious dues should not be used for personal or selfish purposes or for activities that deviate from the path of righteousness.

Article ( ) The relatives of scholars can play a role in managing religious dues based on the fatwa and justice, but they should not interfere inappropriately or personally.

Article ( ) In all cases and for any reason, the responsibility and sin of any deviation in the spending of religious dues rests with the person collecting the dues. Even if others are at fault, this does not reduce the scholar’s responsibility, and they must answer for any mismanagement.

Article ( ) Scholars have ownership over the religious dues under the required conditions, and their immunity concerning the correct usage of these funds is maintained, but religious dues are not the personal property of the scholar, nor can they be inherited. Moreover, they should not be used for non-religious personal expenses.

Etiquettes of Drinking

In drinking water, it is recommended to observe the following practices:

• Drink water in a manner where it is sucked.
• During the day, drink standing, and at night, drink while sitting.
• Before drinking water, say “Bismillah” (In the name of God), and after drinking, say “Alhamdulillah” (Praise be to God).
• Drink water in three gulps.
• The drinking should be voluntary.
• After drinking water, remember the Prophet Husayn (peace be upon him) and his family and curse their killers.

Disliked Practices in Drinking Water

It is disliked to:

• Drink excessive amounts of water.
• Drink water after eating greasy foods.
• Drink water standing at night.
• Drink with the left hand.
• Drink from the broken part of a vessel or from where the handle is placed.

Conditions for the Permissibility of Meat from Animals

If a permissible (halal) animal, whether domesticated or wild, is slaughtered according to Islamic law, its meat is permissible, and its body is pure.

If an animal has been engaged in intimate relations, its meat, including that of its fetus, is forbidden (haram).

If a sheep has consumed pig’s milk or an animal has eaten something impure, and it is not purified according to the Islamic procedure, its meat remains forbidden even after slaughter.

A wild halal animal such as a deer, partridge, or wild goat, or a domesticated halal animal that has turned wild, such as a cow or camel, if hunted following the Islamic guidelines, is permissible and pure. However, if the animal is domesticated (e.g. a sheep or chicken) and its slaughter is easy, hunting it will not make it permissible.

A wild halal animal can only be made pure through hunting if it is capable of fleeing or flying.

A baby deer that cannot flee or a chick that cannot fly cannot be made pure by hunting. For instance, if a hunter kills a mother deer and its immobile fawn, the deer is permissible, but the fawn is not.

A halal animal that does not have a “pulsing blood” (such as fish) will be pure if it dies naturally in water or if it is caught by methods not contrary to Islamic law. However, eating its meat is forbidden.

A haram animal without a pulsing blood, such as a snake, will not be made permissible by slaughter. However, its dead body is pure.

The meat and skin of haram animals, whether carnivorous or non-carnivorous, except for dogs and pigs, become pure if slaughtered or hunted by a permissible method.

Wild animals such as elephants, bears, monkeys, and rodents, as well as underground animals like snakes and lizards, if they have pulsing blood, will be impure if they die naturally. However, if they are slaughtered or hunted according to Islamic guidelines, they will become pure.

If a halal animal’s fetus dies in its mother’s womb and is extracted, it is forbidden to eat.

How to Slaughter an Animal

For the slaughter to be valid according to Islamic law, four main blood vessels in the animal’s neck must be completely severed. These vessels are:

1. The “Halaq” (windpipe), which carries air.
2. The “Maree” (food pipe), which carries food.
3. The “Wadj” (jugular veins), which are two large blood vessels on either side of the throat.

The slaughter should be done below the protruding area of the neck. If these vessels are punctured without full severance, the animal’s slaughter is invalid.

If a part of the neck is cut and the animal is left to die before the remaining blood vessels are cut, the slaughter is not valid. However, if all four blood vessels are severed before the animal dies, even if not in quick succession, the animal is pure and permissible, though it is preferred to perform the slaughter in a continuous manner.

If a wolf or another animal tears the throat of a halal animal to the point that none of the four main blood vessels remain, the slaughter is invalid, and the meat of the animal is forbidden. However, if a portion of the neck is removed, and the remaining blood vessels are intact, or if another part of the body is cut, and the animal remains alive, the slaughter is valid.

Conditions for Slaughter

Seven conditions must be met for the slaughter to be valid:

1. The person slaughtering the animal, whether male or female, must be Muslim and must not show enmity toward the Prophet (peace be upon him) and his family. If a child of a Muslim who is able to differentiate between good and bad, and understands, slaughters the animal, it is permissible. However, a non-Muslim or someone from a sect considered to be non-Muslim is not permitted to slaughter for Muslims.
2. The knife or instrument used for slaughter should preferably be made of iron, although a steel knife is also permissible. If no iron is available, a sharp instrument such as glass or a sharp stone may be used to sever the four blood vessels.
3. When slaughtering, the animal should be facing the qibla (direction of prayer). If the animal is standing facing the qibla and its throat is cut, it is acceptable.
4. The person slaughtering must pronounce the name of God while slaughtering the animal. Saying “Bismillah” (In the name of God), “Alhamdulillah” (Praise be to God), or “Allahu Akbar” (God is the Greatest) is sufficient.
5. If it is not certain that the animal was alive when slaughtered, it should show signs of life after the throat is cut (e.g., twitching of the eye or movement of the limbs). A sufficient amount of blood must also flow out.
6. Do not skin or remove any part of the animal’s body before its soul departs.
7. The throat of the animal must be cut with the intention of slaughter.

The Slaughter of a Camel

To slaughter a camel, the conditions for slaughter mentioned above must be followed, but instead of cutting the throat, a knife or sharp object must be inserted into the depression between the camel’s neck and chest, a process known as “nahr.”

Introduction

The blessed union of marriage is the sweet melody and harmonious song of the unity of two souls. Marriage, built upon passion, love, and yearning, manifests through the harmony and coordination of two souls, uplifting them from inertia, weakness, and isolation. It appears in the beauty and majesty of God and prepares the foundation for love and intoxication, which manifest in the form of a human being—the child.

The heavenly teachings of Islam are so concerned with the well-being and happiness of humanity that, even before the appearance of the human from human beings, they place great emphasis on the purity and awareness of the father and mother, providing a series of guidelines in this regard. These guidelines are designed to ensure that the sons and daughters of today, who will become fathers and mothers tomorrow, begin their social lives with purity and health and witness a new life. These guidelines, which are referred to as marriage and the law of matrimony, are a crucial part of Islamic teachings.

Marriage

1. Marriage is one of the most important divine traditions and is the fundamental social contract that Islam emphasizes.
2. If there is a fear that avoiding marriage might lead to committing a forbidden act, although marriage does not become obligatory due to this, it is necessary to take measures to prevent oneself from falling into the forbidden.
3. Through the marriage contract, a woman becomes lawful for a man and a man becomes lawful for a woman.

Types of Marriage

1. Marriage comes in two forms: permanent and temporary.

• A permanent marriage is one in which the duration of the marriage is not limited to a specific time and is lifelong. The woman contracted in this way is referred to as a permanent wife.
• A temporary marriage is one in which the duration of the marriage is specified, for instance, a woman may be married for a period of one hour, one day, one month, one year, or more.

1. The duration of a temporary marriage must not exceed the natural lifespan of the husband or wife, otherwise, it is considered a permanent marriage, even though the contract is not invalid.

The Law of Marriage Contract

1. Whether permanent or temporary, marriage is valid with the recitation of an Arabic or Persian formula, and it can even be established through mutual consent without the recitation of the formula. However, the simple agreement of the man and woman and merely writing the contract is insufficient, although mutual consent can be validated through written agreement.

• The formula of the contract, whether in Arabic or Persian, or in the form of mutual consent, can be recited by the man and woman themselves, or they can appoint an agent to carry out the contract on their behalf.

1. The agent does not have to be male; a woman or a mature child, if knowledgeable and capable, may also be appointed as an agent to recite the marriage formula or carry out the mutual consent.
2. If the man and woman appoint another to recite the marriage contract, they cannot engage in intimate relations until they are certain that the agent has fulfilled the contract, though if the agent is trusted and affirms that the contract has been completed, that is sufficient.
3. If a woman appoints someone to marry her to a man for a specified period, and the start of that period is not defined, the agent may choose any time to begin that period, unless it is clear that the woman had a specific time in mind.
4. For both permanent and temporary marriages, an agent can be appointed, and the husband can be appointed to marry the woman on behalf of the woman.

Permanent Marriage Contract Formula

1. If the man and woman wish to recite the permanent marriage contract themselves, after determining the dowry, the woman says: “I have married myself to you for the specified dowry,” and the man immediately replies: “I accept the marriage.” If the man simply says, “I accept,” the marriage is valid.
2. If an agent is appointed to recite the contract on behalf of the man and woman, the agent must say: “I have married my client, Fatima, to your client, Ahmed, for the specified dowry,” and the agent of the man immediately replies: “I accept on behalf of my client, Ahmed, for the specified dowry.”

Temporary Marriage Contract Formula

1. If the man and woman, after specifying the duration and dowry, wish to recite the temporary marriage formula, the woman says: “I have married myself to you for the specified duration and dowry,” and the man immediately replies: “I accept.”
2. If the agents recite the contract on behalf of the man and woman, the agent of the woman says: “I have married my client to your client for the specified duration and dowry,” and the agent of the man immediately replies: “I accept on behalf of my client.”

Conditions of the Marriage Contract

1. The marriage formula must be recited correctly.
2. The language of the formula, whether Arabic or Persian, is not essential, but it should clearly express the intention of marriage. The person reciting the formula must understand the meaning of the words.
3. If the man and woman cannot recite the formula correctly, they should either learn it or appoint someone who can, or establish the marriage through mutual consent.

Conditions of Validity

1. The recitation of the marriage formula must be done with the intention of establishing the marital bond, not as a mere statement of fact.
2. The person reciting the marriage formula must be of sound mind. A minor or mentally incapacitated person cannot contract a marriage for themselves.
3. The names of both the man and woman must be specified during the contract. If the woman or man is not specified, the marriage is invalid.
4. Both parties must freely consent to the marriage.

Validity of the Marriage

1. The presence of two witnesses is not a strict requirement, but it is recommended for the sake of documentation.
2. If the marriage formula is incorrectly recited such that its meaning is altered, the marriage is invalid.

Invalidating the Marriage

1. If either party discovers that the other has a serious defect, such as mental illness, leprosy, blindness, or inability to engage in sexual relations, the marriage can be invalidated, provided that the defect existed before the marriage.
2. If either party is incapable of having sexual relations, the marriage can be annulled after one year of waiting.
3. If the husband has an imperfection that prevents him from having sexual relations, the wife can annul the marriage.

Prohibited Marriages

1. It is forbidden to marry close relatives such as mothers, sisters, daughters, aunts, and others as outlined in Islamic law.

On Zina (Adultery and Fornication)

• ( ) If a married woman commits adultery, it does not make the adulterer or her husband permanently forbidden to her, even though the individual has committed one of the gravest major sins.
• ( ) If a woman is known for committing adultery and does not repent and is uncontrollable, her husband may divorce her, and until she repents, he should not remarry her. However, he must still pay her dowry.
• ( ) A woman who has been divorced or has entered into a temporary marriage, and whose husband has forgiven the term or the term has expired, if she marries another man and later doubts whether her waiting period (iddah) was complete at the time of the second marriage, she should disregard this doubt.

On Homosexuality (Liwat)

• ( ) If a boy engages in liwat (sodomy), his mother, sister, daughter, maternal grandmother, and the granddaughter of his son and daughter become permanently forbidden to the perpetrator, even if it is less than the circumcised area. Whether the perpetrator is an adult or a minor, if there is doubt about whether penetration occurred, there is no prohibition on marriage.
• ( ) If a man marries a woman, and after the marriage—whether or not he has had sexual relations with her—he engages in liwat with her father, brother, or son, this does not make the woman permanently forbidden to him. Furthermore, if they divorce or separate at the time of the liwat, and later the perpetrator wants to remarry her, there is no issue.

On Marriage during Ihram (State of Pilgrimage)

• ( ) If a person marries a woman while in the state of ihram (the ritual state for Hajj or Umrah), the marriage is void, even if the woman is not in ihram. If he knew that marriage during this time is forbidden or if he was unaware but had relations with her after the contract, the woman becomes permanently forbidden to him.
• ( ) If a woman in ihram marries a man who is not in ihram, the marriage is void. If the woman knew that marriage in ihram is forbidden or was unaware but had relations with him, she becomes permanently forbidden to him.
• ( ) If a man fails to perform the Tawaf al-Nisa (the farewell circumambulation) during Hajj or Umrah, any sexual relations with his wife or marriage to other women becomes forbidden to him. His contract with his wife remains valid, but once he performs Tawaf al-Nisa, it becomes lawful to have relations with his wife and marry other women.
• ( ) If a woman fails to perform Tawaf al-Nisa, her husband, who has become forbidden to her due to ihram, will not be lawful to her until she performs Tawaf al-Nisa in the future.
• ( ) If a man exits ihram by shaving or cutting hair, and then marries a woman, this is valid even if he has not performed Tawaf al-Nisa.

On Sexual Relations with Prepubescent Girls

• ( ) Sexual relations with a girl who has not reached puberty are forbidden. If someone marries a prepubescent girl with the consent of her guardian before she reaches puberty—even if she has reached the age of nine—sexual relations with her are prohibited. However, once she reaches puberty, it is no longer prohibited.
• ( ) If a man has sexual relations with a grown woman and causes her to suffer from physical injury (afda), she does not become permanently forbidden to him, especially if she recovers through surgery or treatment and returns to a natural state.
• ( ) If there is concern about the woman’s physical injury or imperfection, having relations with her is problematic, even if she has reached puberty. If she becomes permanently damaged and cannot recover, the man must pay both her dowry and the blood money (diya) equivalent to that for the killing of a human being. Additionally, he must support her financially for her life, even after divorce, unless she marries another man, in which case the husband’s responsibility ends.
• ( ) A woman who has been divorced three times becomes permanently forbidden to her husband. However, if she marries another man under the proper conditions prescribed in the divorce chapter and after the death or divorce of the second husband, and after completing her waiting period (iddah), the first husband may marry her again.

On Other Marriage Rulings

• ( ) A woman who has a permanent marriage contract must not leave the house for non-essential tasks without her husband’s permission, even if it does not conflict with his rights, unless remaining at home causes her hardship or problems, or the home is unsuitable for her.
• ( ) If a woman wants to take up an occupation outside the home, she must have her husband’s permission, either explicitly or through his apparent consent.
• ( ) A woman must engage in sexual relations with her husband and must not refuse without a legitimate Islamic excuse. In return, the husband is obligated to provide for her basic needs adequately and reasonably. Failure to meet this obligation is sinful, and it may lead to the man becoming indebted to his wife.
• ( ) If a woman does not obey her husband in ordinary matters, she sins and forfeits her right to maintenance and conjugal rights. However, her dowry is not forfeited for disobedience.

On Managing Married Life

• ( ) A marital life between a husband and wife should be managed cooperatively, with each fulfilling their appropriate duties. No one should impose or claim a debt on the other. Certain duties are more suitable for the wife, and others for the husband, but neither has the right to force the other into servitude. However, the wife has an obligation to perform her household duties properly.
• ( ) The expenses of a woman’s trip, undertaken with the husband’s permission, must be borne by the husband in a manner consistent with his means, whether it is more or less than her usual living expenses. However, if the trip is for personal reasons, even with the husband’s permission, the cost must be borne by the woman. If the husband chooses to take her on a trip, he must pay for it.
• ( ) A woman who is obedient to her husband, if she requires essential expenses and her husband does not provide for them, can take her expenses from his property without his permission. She can also appeal to a religious judge or, if that is not possible, to an equitable believer or ordinary righteous individuals to demand her due maintenance.
• ( ) A husband must not leave his permanent wife in a state of uncertainty. He does not need to spend every night with her, but he must provide for her emotionally and financially.
• ( ) If a man has several wives, he must treat them equally in all matters, including time spent with each of them, ensuring that each receives an equal share of his attention.
• ( ) A husband must not refrain from conjugal relations with his permanent wife for more than four months unless there is a valid reason. If the wife is young and there is concern she may fall into sin, the husband must act in a way that prevents this, unless there is a legitimate reason not to engage in sexual relations. If a husband travels for non-essential reasons without his wife’s consent, he may not be absent for more than four months.
• Article (__): A man may forgive the period of temporary marriage and separate from the woman. If he has had sexual intercourse with her, he must pay the full dowry that was agreed upon. However, if he has not had intercourse with her, he is required to pay half of it.
• Article (__): A man may take a woman who was his temporary wife and whose waiting period (iddah) has not yet ended into a permanent or another temporary marriage after the expiry of the temporary marriage period or after forgiving the remainder of that period. However, if he marries her before the temporary marriage has ended, the marriage will be invalid unless he forgives the remaining period and then contracts the marriage.
• Article (__): Temporary marriage, like permanent marriage, requires a waiting period after its conclusion. The child born from such a marriage possesses all the rights of a legitimate child and inherits from both the father and the mother, even though the spouses do not inherit from each other.
• Article (__): It is forbidden for a man to look at the body or hair of a non-mahram woman, whether it be with desire or without it, and whether or not he fears falling into a prohibited act.
• Article (__): It is forbidden for a man to look at the body and hair of a girl who has not yet reached the age of religious maturity but is near the age of puberty, and who is capable of distinguishing between good and bad and whose appearance could provoke sexual desire, whether with the intent of pleasure or without it.
• Article (__): It is not forbidden for a man to look at the face and hands of a non-mahram woman up to the wrist, provided there is no desire or fear of committing a prohibited act.
• Article (__): It is forbidden for a woman to look at the body of a non-mahram man, whether with the intent of pleasure or without it. However, there is no issue with looking at parts of the body that are typically uncovered, such as the face, hands, feet, head, and neck, provided it is without the intent of pleasure.
• Article (__): If a woman looks at the hidden parts of the body of a boy who has not reached maturity but can distinguish between good and bad, and the gaze leads to arousal, it is forbidden. Otherwise, there is no issue.
• Article (__): It is forbidden for a man to touch the body of a non-mahram woman, or for a woman to touch the body of a non-mahram man, just as it is forbidden to look. However, if there is a covering between them, and there is no desire or fear of committing a prohibited act, there is no issue.
• Article (__): If a man looks at parts of the body of the non-Muslim women, such as Jewish, Christian, or Zoroastrian women, which are typically uncovered, such as hair, neck, or hands, without the intent of pleasure and without fear of committing a prohibited act, there is no issue.
• Article (__): It is permissible to look at the bodies of bold women, who do not adhere to covering themselves, without the intent of sexual desire and without fear of committing a prohibited act. In this case, there is no distinction between Muslim and non-Muslim women, nor between parts of the body that are typically uncovered, such as the hands, face, and other such areas.
• Article (__): It is permissible to interact, buy, sell, and engage in necessary actions with Bedouin women or similar women who do not traditionally cover parts of their bodies, provided there is no intent of sexual desire or fear of falling into a prohibited act.
• Article (__): It is permissible to hear the voice of a non-mahram woman without the intention of pleasure. A woman may also make her voice heard to a non-mahram, whether she is speaking or singing, as long as her tone does not become suggestive or provocative to arouse sexual desire.
• Article (__): A woman must cover all of her body and hair from a non-mahram man, as well as from a boy who has not reached puberty but can distinguish between good and bad and is provoked by her gaze. However, it is not obligatory to cover the face or hands up to the wrist.
• Article (__): It is forbidden to look at the private parts of a Muslim, even a discerning child who can distinguish between good and bad, even if the look is through a glass or mirror, or in clear water or similar situations. Additionally, if looking at the private parts of a non-Muslim provokes desire, it is also forbidden to look.
• Article (__): A man and a woman who are mahrams (e.g., brother and sister) may look at each other’s bodies, except for the private parts, as long as they have no desire or fear of falling into a prohibited act.
• Article (__): A man should not look at the body of another man with the intent of pleasure, nor should a woman look at the body of another woman with the same intent. However, looking at any part of the body, except for the private parts, without the intent of sexual desire is permissible.
• Article (__): Taking pictures of a non-mahram woman is permissible, as long as it does not involve looking at parts of her body that are prohibited to view. However, if taking a photo requires an action that is forbidden, such as touching her body, the photo should not be taken.
• Article (__): If a woman adheres to proper Islamic covering, looking at her photograph while she is uncovered is not permissible, unless she is unrecognizable and no harm comes from looking. If a non-mahram woman is recognized, it is not allowed to look at her photograph. However, looking at the photograph of a non-respectable woman is permissible, as long as it is not with the intent of pleasure or fear of committing a prohibited act, even if the owner of the photo is known.
• Article (__): The ruling on films and photographs is the same in all cases.
• Article (__): In cases of necessity, if a man or a woman must clean or wash the private parts of someone other than their spouse, they should take precautions, ensuring that their skin does not touch the private parts of the other person.
• Article (__): A male doctor looking at or touching the body of a non-mahram woman, or a female doctor doing the same to a non-mahram man, for medical treatment is permissible only to the extent necessary.
• Article (__): It is permissible to look at or touch the private parts of another person for medical treatment if it is absolutely necessary.
• Article (__): Looking at or touching the body of a child who cannot distinguish between good and bad, or the body of an elderly woman, without the intent of sexual desire, is permissible.
• Article (__): A man may look at the face, hair, and beauty of a woman whom he intends to marry, without her wearing a covering. Such a look is not prohibited, and may even be necessary to avoid future difficulties. A woman may also look at the body of a man she intends to marry.
• Article (__): A woman is only required to cover her body, except for her face and hands up to the wrist, with any suitable covering. There is no specific condition for the type of garment, but wearing very tight, form-fitting, or provocative clothing that may lead to temptation is forbidden.
• Article (__): A person is required to cover their private parts from those who have reached the age of maturity and from anyone who can distinguish between good and bad, even if they are mahrams. However, husband and wife do not need to cover their private parts from each other.
• Article (__): Wearing transparent clothing or clothing that reveals the body in the presence of a non-mahram is not permissible. However, wearing brightly colored clothing that is not provocative or immodest is permissible, even if seen by a non-mahram.
• Article (__): If a woman has a job or intends to engage in an activity where observing proper Islamic covering is not possible, she should select a job that allows her to maintain her appropriate covering.
• Article (__): It is disliked for men to wear clothing made of silk or clothing with a fine weave. However, neither of these are problematic for women.
• Article (__): Wearing gold jewelry, such as chains, rings, wristwatches, and gold glasses, is disliked for men, as it resembles women’s behaviors. There is no distinction between yellow and white gold in this ruling.
• Article (__): Wearing gold teeth or teeth covered with gold is permissible for both men and women, even if it is visible and considered ornamental, as long as it is not solely for the purpose of maintaining the teeth.
• Article (__): A woman should not display what is considered frivolous or excessive ornamentation in front of a non-mahram.
• Article (__): It is permissible for a woman to wear a wig to cover her hair, provided it does not cause corruption or the spread of inappropriate behavior. However, thick ornamentation on a woman’s body must remain covered from a non-mahram.
• Article (__): It is disliked for a woman to beautify herself during the waiting period (iddah) following her husband’s death.
• Article (__): Wearing “showy clothing,” which is considered frivolous, inappropriate, and conspicuous, is forbidden.
• Article (__): Wearing clothing that is considered feminine by societal standards is forbidden for men, and wearing clothing considered

Nafaqa (Alimony)

Article (1) – “Obligatory Nafaqa” refers to the financial maintenance that a person is required to provide for others, as described in the following categories, which can be divided into three groups:

1. Wife: This includes both a permanent wife and a temporary wife, provided that during the marriage contract, the obligation of Nafaqa was stipulated.
2. Parents: This includes both father, mother, and their ancestors, regardless of how far back they go.
3. Children: This includes sons, daughters, and their descendants, regardless of how far down the line they go.

Article (2) – Apart from the three categories mentioned above, other relatives, such as brothers, sisters, uncles, aunts, nephews, nieces, and their descendants, are not obligatory recipients of Nafaqa. However, it is commendable that if such relatives are in need and the individual has the means, they should provide for them.

Article (3) – The provisions of Nafaqa for a wife in a permanent marriage have already been explained. However, the obligation of Nafaqa for the other two categories arises only if they themselves do not have financial means or income. In such cases, it becomes incumbent upon the closest relative to provide for them, or as specified in the following articles, if the closest relative fails to do so.

Article (4) – The maintenance of children by the father and his ancestors is obligatory, in order of priority: the “father” is preferred over the “grandfather,” and the grandfather over the great-grandfather. If none of them are available or capable, then the responsibility falls upon the “mother.” If the mother is unable to provide or refuses to do so, the duty of Nafaqa then falls on the maternal grandmother and paternal grandmother, shared equally between them.

Furthermore, if both parents are incapacitated and lack financial resources, their maintenance falls upon their children, divided equally among them, regardless of whether the children are male or female. Similarly, if a poor individual has both a father and a child, both should equally share the burden of his maintenance. The same applies if the individual has both a mother and a child.

If the person in need has a father and a grandchild, the maintenance of the individual is the responsibility of the father. If the individual has a mother and a grandchild, the responsibility falls on the mother. If both the grandchild and the grandparents are present, the burden of Nafaqa is shared equally between them, following the priority sequence as stated.

Article (5) – The maintenance of oneself takes precedence over the wife’s maintenance, and the maintenance of the wife takes precedence over that of distant relatives. Additionally, among relatives, the closest relative takes precedence over the more distant one. For example, the maintenance of a father takes precedence over that of a grandfather, or the maintenance of a child takes precedence over that of a grandchild.

Article (6) – If a minor child has property or wealth, the guardian is permitted to use that wealth to cover the child’s maintenance.

Article (7) – If a person capable of providing for their obligatory maintenance refuses to do so, the religious authority (i.e., the judge) may compel them to fulfill their obligation. If that is not possible, the judge will use their assets to provide for the necessary maintenance.

Article (8) – A person is not permitted to pay Zakat, Khums, or Kaffara for the maintenance of their obligatory dependents.

Article (9) – In addition to providing for a child, the father is obligated to ensure their proper upbringing, oversee their affairs, provide them with education, and arrange for their marriage once they reach adulthood.

Article (10) – If a child has an urgent need to marry, to the extent that abstaining would lead to falling into sin, it becomes the father’s obligation to facilitate this marriage. Similarly, if the father or mother have a pressing need for marriage and the child has the ability to do so, it becomes obligatory for the child to take action to help them.

Article (11) – It is inappropriate for parents to show preferential treatment or discrimination among their children by giving more to some than others, unless some of them are in greater need or possess a higher moral or religious standing.

Article (12) – If an individual is required to provide Nafaqa for their dependent, the amount is determined based on their financial capability, the standard of living of the dependent, and the social norms of the community. The court may intervene if there is a dispute regarding the appropriate amount of Nafaqa.

Article (13) – The maintenance obligation extends to covering basic needs such as food, clothing, and shelter. Additional expenses may also be covered if they are deemed necessary for the well-being and dignity of the dependent. This includes education, healthcare, and other essential services.

Article (14) – If the individual obligated to provide Nafaqa is unable to fulfil their duty due to a lack of financial resources, the dependent may seek assistance from other relatives in the order of priority set out in the previous articles. If no relatives are available or capable, the matter may be referred to the religious authorities or the court for further resolution.

Article (15) – If the obligated party is unable to provide for the dependent due to temporary financial hardship, they are required to make a reasonable effort to provide what they can. The dependent should be patient, and it is expected that the obligated party will resume their support once their financial situation improves.

Article (16) – In cases where the dependent is not in need of support, for instance, if they possess sufficient wealth, or if they are self-sufficient through other means, the obligation of Nafaqa is lifted. The obligation is also lifted in the case of a wife if she is in a position to support herself financially.

Article (17) – If a person providing Nafaqa for their dependent dies or becomes incapacitated, the responsibility of Nafaqa is transferred to the next person in line as specified in the articles above. In the absence of a relative with the ability to provide, the state or religious authorities may intervene to ensure the dependent is cared for.

Article (18) – If the person obligated to provide Nafaqa remarries, they are still required to provide maintenance for their previous dependents as long as their obligation remains. The amount of Nafaqa may be adjusted based on the new circumstances, including any changes in income or financial situation.

Article (19) – If the person obligated to pay Nafaqa neglects their duty or attempts to avoid fulfilling it, legal action may be taken against them. The dependent may file a complaint with the court, which can order the payment of overdue Nafaqa and impose penalties if necessary.

Article (20) – In cases where there is a dispute regarding the amount or provision of Nafaqa, the parties involved may seek mediation through a religious or civil court. The court will assess the circumstances and determine a fair and just resolution in accordance with Islamic principles and social norms.

Article (21) – The obligation of Nafaqa is a duty that can be enforced through the legal system. However, if the person required to pay Nafaqa voluntarily supports their dependents and upholds their obligations without dispute, it is considered a matter of moral and social responsibility.

Article (22) – The right of the dependent to receive Nafaqa is not limited by time; it continues as long as the conditions for entitlement remain valid. For instance, a wife may be entitled to Nafaqa during her marriage, while a child is entitled to it until they become financially independent.

Article (23) – Any individual who is receiving Nafaqa may not use it for purposes unrelated to their essential needs. The use of Nafaqa must adhere to the intended purpose, and any misuse or misallocation may result in legal consequences.

Article (24) – If the person providing Nafaqa dies or is otherwise unable to continue their financial support, and no other family members are available to take on the responsibility, the religious authorities may allocate funds from public resources to ensure the dependent’s needs are met.

Article (25) – In cases where a person is not required to provide Nafaqa, such as when the dependent has the means to support themselves or is not entitled to maintenance, the individual is relieved of their obligation. However, it is encouraged to offer voluntary support in cases of family or social need.

Article (26) – If a dependent’s situation changes, such as the marriage of a child or the financial independence of a spouse, their entitlement to Nafaqa may be reassessed. Any change in the financial status or circumstances of the dependent or the obligated person can lead to a modification of the Nafaqa arrangement.

Revocable Divorce (Talaq Raj’ī)

Revocable divorce refers to a type of divorce in which the husband can return to his wife during her waiting period (iddah), without the need to contract a new marriage. This type of divorce is called talaq raj’ī.

1. When a husband issues a revocable divorce, the wife remains in the status of his wife until the end of her waiting period, and he is obligated to provide for her living expenses. During this time, she cannot be expelled from the house where she lived at the time of the divorce, unless in certain situations such as verbal abuse, filing complaints in court, or associating with strangers.
2. The wife is not allowed to leave the house for non-essential reasons during her waiting period without the husband’s consent. The husband is responsible for her maintenance and the payment of fitrah (almsgiving) during her waiting period. In case of the death of either party, the other can inherit from them. Furthermore, the husband is prohibited from marrying the wife’s sister during the waiting period. If the husband returns to the wife, she must not prevent him from fulfilling his marital rights, and she may even adorn herself for him.

How to Return After a Revocable Divorce (Raj’ī)

1. A husband can return to his wife in two ways:
   • Firstly, by verbally expressing his intention to take her back as his wife.
   • Secondly, by performing actions that indicate his return, such as kissing, touching, or other actions typically shared between spouses.
2. The husband does not need witnesses or to inform his wife, and the return can be declared in his own mind. However, if he claims to have returned after the waiting period has ended and the wife does not confirm this, the husband must prove his claim.
3. If a man who has given his wife a revocable divorce takes property from her and makes a reconciliation agreement not to return to her, the reconciliation is valid, but his right to return remains. If he decides to return, the marriage is valid, and he does not own any property given in exchange for his return.
4. If a man divorces his wife twice and returns to her after each divorce or marries her again after the waiting period, she becomes permanently forbidden to him after the third divorce. However, if after the third divorce, she marries another man and meets four conditions, she can return to the first husband:
   • The second husband must marry her permanently (not temporarily).
   • The second husband must be of legal age and have consummated the marriage.
   • The second husband must divorce her or pass away.
   • The waiting period (iddah) after the divorce or the death of the second husband must be completed.

Supplementary Rules on Divorce

1. If a man has intercourse with a woman thinking she is his wife, regardless of whether she knows or believes him to be her husband, she must observe the waiting period (iddah). Similarly, if the man knows the woman is not his wife but she believes him to be, she is still required to observe the waiting period.
2. If a man engages in adultery with a woman, knowing she is not his wife, or she believes him to be her husband, the waiting period is not required.
3. If a person deceives a woman into believing that her husband does not fulfill his marital rights, leading to her divorce, and she marries the deceiver, the divorce and marriage are valid. However, both parties are guilty of a major sin.
4. If, during the marriage contract, a woman stipulates that if the husband travels, for example, or fails to provide for her, or becomes addicted to drugs, she has the right to divorce, the condition is invalid. However, if she grants him power of attorney to divorce her under these circumstances, the power of attorney is valid, and she may divorce herself.
5. If a woman is married permanently, and her husband goes missing or is uncertain whether he is alive, she must seek guidance from the religious judge to determine her next course of action.
6. A person who is permanently insane may have their father divorce their wife if necessary.
7. If a father or paternal grandfather arranges a temporary marriage for their child (e.g., a fourteen-year-old boy), he can forgive the duration of the marriage, but cannot divorce a permanent wife of the child.
8. A man who considers two individuals to be just (adīl) and divorces his wife in their presence, may have the woman married to another man, even if the second man is unaware of the others’ justice. However, if he knows one of them is not just, he must refrain from marrying her or arranging for her marriage to another.
9. If a man divorces his wife without her knowledge and continues to provide for her as he did when they were married, and later claims to have divorced her a year ago, he may reclaim anything he provided during this period that the woman did not use but cannot reclaim items she has used.

Divorce by Khul’

A woman who no longer wishes to live with her husband and fears committing a sin or disobeying God because of it, may give up her dowry or other property to him in order for him to divorce her. This divorce is called khul’ and is valid under the condition that her dislike for her husband is significant enough to lead her to violate marital rights.

Reading the Khul’ Divorce Formula

If the husband wishes to read the khul’ divorce formula, he will say: “I have divorced my wife Maryam in exchange for what she has given,” or similar, depending on what she has offered. The woman’s name need not be mentioned explicitly in the formula.

Divorce by Mubarat

A mubarat divorce occurs when both husband and wife no longer wish to be together, and the wife gives her dowry or other property to her husband in exchange for the divorce.

If the wife gives her entire dowry, the husband may say: “I have released my wife Maryam from the dowry she gave me, and she is now free.”

If something other than the dowry is given, the husband must mention it in the formula.

Divorce by khul’ and mubarat is valid in both Arabic and any other language. If the woman says in Persian, for example, “I have given you this property for the divorce,” it is valid.

Final Considerations

If during the waiting period of either a khul’ or mubarat divorce, the woman retracts her gift to the husband, the husband can return to her and they may resume their marriage without the need for a new contract.

Permissible Cases of Backbiting

Article ( ) In situations where backbiting serves a greater beneficial purpose, the prohibition on it is lifted. In this regard, the following cases are exceptions to the prohibition of backbiting:

1. Backbiting a person who openly commits immoral acts, specifically regarding the immorality they openly display.
2. Backbiting a victim who is seeking justice from someone who has wronged them, in relation to the injustice they have suffered.
3. Backbiting in self-defense, where one is seeking a legitimate way to protect oneself.
4. Informing a person seeking advice about the flaws of the person in question.
5. Backbiting to prevent someone from sinning, to protect them from harm, or to eliminate the root cause of corruption.
6. Mentioning the weaknesses of witnesses before the judge.
7. When the fault of a person has become widely known, it is permissible to mention it without the intention of slandering, simply to identify the person.
8. To refute and disprove false statements when it is not possible to disprove the matter without mentioning the person involved.
9. When the fault is evident and clearly known to both the speaker and the listener.
10. To counter false accusations made against a person or another believer.

It is essential to exercise caution in identifying the cases mentioned above and to limit backbiting to what is absolutely necessary.

Article ( ) In any gathering where backbiting occurs against a believing individual and none of the exceptions listed above apply, in addition to the fact that listening to such backbiting is forbidden, it is obligatory for anyone who is able to do so to refute the backbiting and defend the believer. It is reported in Islamic traditions that “Whoever has the ability to defend their Muslim brother who is being backbitten and oppressed, and does not defend him, leading to the humiliation of that believer due to their silence, Allah will humiliate him in this world and the Hereafter” [3].

Saving a Muslim’s Life

Article ( ) If a Muslim is in imminent danger of losing their life, whether due to hunger, thirst, drowning, an accident, electrocution, or similar situations, it is obligatory for any other Muslim who becomes aware of the situation to save them by any possible means and to the best of their ability.

Greeting

Article ( ) It is recommended for a Muslim to greet another Muslim when they encounter them, with particular emphasis on the salutation from someone on horseback to one on foot, from someone standing to one sitting, and from a younger person to an older person.

Article ( ) Outside of prayer, it is preferred to respond to a greeting better than the greeting itself. For example, if someone says “Salam Alaikum”, one should respond with “Salam Alaikum wa Rahmatullah”.

Article ( ) If two people greet each other, it is obligatory for each one to respond to the other’s greeting.

Private Interaction Between Unrelated Men and Women

Article ( ) If an unrelated man and woman find themselves in a secluded place where no one else is present and no one else can enter, and they suspect that they may fall into something haram, they should leave the place. In fact, it is strictly recommended to avoid seclusion with an unrelated individual altogether, and even praying in a secluded space with an unrelated person is not valid.

Article ( ) Seclusion of an unrelated man and woman in a car, where no one else is present, is not permissible, and if there is a possibility of corruption or sin, it is prohibited.

Article ( ) Mixing of men and women in public places and gatherings is permissible, provided that they are not at risk of corruption or sin.

Travelling to Non-Muslim Countries

Article ( ) Travelling to non-Muslim countries for the purposes of acquiring knowledge, trade, or business is permissible, provided that one is certain that their beliefs and practices will not be deviated from. Therefore, if a person residing in such a place fears that they or their family may deviate from the correct path, they are obligated to migrate to a safer land.

Article ( ) It is permissible for a person residing in a non-Muslim country to engage in cultural, political, or commercial relations with non-Muslims, or even to marry a non-Muslim woman from the People of the Book, provided that such actions do not involve sin or cause harm to themselves, other Muslims, or the Muslim countries.

Article ( ) A person residing in a non-Muslim country is obligated, to the best of their ability, to defend Islam and protect it from attacks, while observing the necessary conditions and the principles of promoting good and forbidding evil. They must also invite non-Muslims to Islam, provided the following conditions are met:

1. The Islamic government has not temporarily prohibited the invitation to Islam in non-Muslim countries due to important reasons.
2. They have the capability, competence, and authority to propagate Islam in the land of non-Muslims.
3. No significant harm will result from it.

Article ( ) If the propagation of Islam requires providing a Qur’an to a non-Muslim and no disrespect is involved, it is permissible.

Interacting with Non-Muslims

Article ( ) It is permissible to engage in normal, healthy interaction with non-Muslims who are not at war with Muslims and to establish cultural, political, commercial, and economic relations with them, as long as there is no fear of strengthening disbelief, promoting corruption, or creating intellectual or practical deviations that would lead to non-Muslims exerting control over Muslims or Islamic lands.

Article ( ) Any interaction with non-Muslims should be in accordance with Islamic regulations. Therefore, practices such as breaking agreements, dishonesty in transactions, fraud, betrayal, or oppression should be avoided in dealings with non-Muslims.

Article ( ) All commitments and contracts made between individuals, and even between states or between states and individuals, must be respected. It is forbidden to unilaterally violate these agreements without religious justification, as well as to engage in deceit or trickery. Furthermore, any commitments made by an Islamic state with non-Muslim states must be respected if they serve the interests of Islam and Muslims. However, if a contract or obligation has been imposed on an Islamic country through trickery, exploitation, or colonialism by a colonial state, fulfilling such obligations is not necessary, and in some cases, it is obligatory to annul them.

Article ( ) No Muslim should remain indifferent to the issues and problems of other Muslims. To the best of their ability, they are obligated to strive for the improvement of both the religious and worldly affairs of fellow Muslims.

Article ( ) In interactions, the legitimate rights and freedoms of Muslims should be respected. For example, scientific and social opinions, as well as professional or non-professional organizations that promote the welfare of the Islamic community and the development of individuals, should not be prohibited or restricted. Any restrictions in this area are considered an infringement upon the rights of individuals.

Participating in Sinful Gatherings

Article ( ) Participating in gatherings where sin is committed, in any form, is prohibited. If one attends a gathering without suspecting that sin will occur, and then realizes that sin is taking place, they must leave the gathering if they are unable to stop the wrongdoing or if their objection would be ineffective.

Spying on Personal Matters

Article ( ) Spying into the private and family matters of individuals, including their moral failings, by any person or organization, is prohibited and sinful. Listening in on private conversations, whether through eavesdropping or other means, and monitoring private letters, or tracking the personal faults and errors of individuals is forbidden. Those who engage in such actions must be reprimanded, and if they persist, they should be punished by the appropriate Islamic authorities.

Article ( ) If someone, through spying, becomes aware of another person’s private life, they should not disclose it. If they disclose it and cause financial or reputational harm to someone, regardless of the sin involved, they must compensate for the harm caused.

Article ( ) In an Islamic government, spying on the personal matters of non-Muslim minorities and individuals who have demonstrated hostility or opposition to Islam, and whose involvement in a conspiracy is reasonably suspected, is permissible, and in some cases, even necessary, but it should only be done within the bounds of necessity and under the guidance of religious authorities.

Relations with Dhimmi People (Protected Non-Muslims)

Article ( ) If there is a benefit, the Islamic ruler may, in addition to the general and citizenship tax, impose a jizyah (poll tax) on the People of the Book (Jews, Christians, and Zoroastrians), providing protection to them. However, this does not apply to other non-Muslims, even if they claim to belong to an Abrahamic faith; such individuals are not entitled to the jizyah, although they may receive protection under certain conditions.

Article ( ) It is not permissible to collect jizyah from women and children. If such a provision is mentioned in a contract, the contract is invalid.

Article ( ) The children of the People of the Book, once they reach maturity, must either convert to Islam or pay the jizyah. If they do not do either, they are considered to be in a state of war.

Article ( ) The amount of the jizyah is determined by the discretion of the Islamic ruler, considering the circumstances of the time, place, and individuals involved.

Article ( ) If a non-Muslim dhimmi converts to Islam, their obligation to pay jizyah is removed.

Article ( ) A person is recognized as a dhimmi when the Islamic ruler has levied a jizyah on them, and they adhere to its provisions and the Islamic laws and practices. They must respect the lives and property of Muslims, avoid harming them, and refrain from building new places of worship.

Article ( ) Buildings and

The contract of agency (wakālah) is a revocable contract, and either party has the right to terminate it, unless it is stipulated as part of a binding contract. For instance, if one sells a shop to another and conditions the contract of sale such that the seller becomes the agent of the buyer for leasing the shop for five years and paying the rent to the buyer, in this case, the buyer cannot dismiss the seller from the agency.

If the agency can be terminated and the principal also has the right to dismiss the agent, once the agent has been informed of this, the agent can no longer carry out the agency task. However, if the task has already been completed before the agent is informed, the action remains valid.

An agent can withdraw from their agency even if the principal is absent.

An agent cannot appoint another agent to carry out the task entrusted to them unless the principal has granted them permission to do so.

If the principal has granted the agent permission to appoint another agent, the agent must act in accordance with the principal’s instructions regarding the appointment.

If the circumstances suggest that the agent may need to appoint another agent, such as in cases where the task requires more than one person or expertise, the agent must follow the principal’s instructions in this regard.

If the principal instructs the agent to appoint an agent on their behalf, the agent must appoint one and cannot appoint anyone on their own behalf.

If the principal permits the agent to appoint another agent on their behalf, the agent cannot dismiss the second agent. If the first agent dies, withdraws, or is dismissed, the appointment of the second agent does not become invalid.

If the agent appoints a second agent with the permission of the principal, the principal and the first agent can dismiss the second agent. If the principal dies, or becomes insane or unconscious, the agency relationship with both agents is terminated.

If several agents are appointed to carry out a task and are given permission to act individually, any of them can carry out the task, and the dismissal or death of one of them does not invalidate the agency of the others.

If the principal has specified that the agents must perform the task together, or has stated that the agents are to act jointly, they cannot act individually.

If the principal has not specified whether the agents should act together or individually, and there is no indication to this effect, they cannot act individually.

If several agents have been appointed to carry out a task together, and one of them dies, the agency of the others is terminated.

If the agent or principal dies or becomes permanently insane, the agency ceases to have effect during the period of insanity or unconsciousness.

If, after recovering from insanity or unconsciousness, the agent or principal is unable to perform the task, the agency becomes invalid. If the agent or principal periodically suffers from insanity or unconsciousness, the agency must be renewed each time after the condition ends.

If the object of the agency, such as a sheep entrusted for sale, dies or is lost, the agency becomes invalid.

If a person is appointed as an agent for a task and a reward is agreed upon, the reward must be given to the agent once the task is completed.

If the agent takes due care in safeguarding the property entrusted to them and does not exceed the scope of their permission, and the property is lost due to an accident, they are not liable.

If the agent claims that the property of the principal was lost without any fault or negligence on their part, and there is no contrary evidence, the claim is accepted.

If the agent fails to take due care in safeguarding the property or exceeds the permitted use, and the property is lost or damaged, the agent is liable.

If the agent exceeds the scope of their authority, for instance, by wearing a garment they were only authorized to sell, the second act of the agent is valid.

If the agent notices a defect in something they have been appointed to purchase, they must cancel the transaction due to the option of annulment (khiyār al-ʿayb), whether or not the principal is present. However, if the principal instructs the agent not to cancel the transaction, the agent cannot do so.

A woman may be appointed as an agent to divorce another woman’s husband, or to divorce herself, with the permission of her own husband.

If someone has a right over another or claims a right, and the claim is valid, they may provide a guarantee (kafālah) to ensure that when the person with the right or the claimant asks for it, the person will be handed over. This is called “kafālah”, and the person who assumes this obligation is called the “kāfil”.

Conditions of Kafālah

The guarantor (kāfil) must be mature, sane, not foolish, and not poor. They should not be forced to take on the responsibility of guaranteeing the debtor’s presence if it involves selling their assets. Furthermore, they should have the ability to bring the debtor to the creditor.

Kafālah can be terminated in one of the following six ways:

1. The guarantor brings the debtor to the creditor or surrenders them to the creditor.
2. The creditor’s claim or the right of the claimant is settled.
3. The creditor forgives the debt or assigns it to another.
4. Either the debtor or the guarantor dies.
5. The creditor or the claimant frees the guarantor from the obligation.
6. The person with the right assigns their right to another.

If someone forcibly frees a debtor from the hands of the creditor and the creditor is unable to reclaim them, the debtor must be handed back to the creditor or the debt must be paid.

If someone helps a murderer escape the rightful heirs, the Islamic judge (ḥākim sharʿī) can imprison them until the murderer is returned or the compensation (diya) for the killed person is paid.

Conditions of Kafālah and its Validity

A kafālah can be established either by words, even if not in Arabic, or by actions, such as signing a document, to indicate the guarantee. If both the creditor and the debtor accept the guarantee, the kafālah is valid.

1st – The verbal contract for a loan must be recited, whether in Arabic or any other language. For example, one may say, “I give you this property on loan,” and the recipient should accept it.

2nd – The property intended for the loan is placed in the possession of the other person without the verbal contract, with the intention of lending, and the other person accepts it with the same intention.

(M) Giving property on loan that is unlawfully possessed or something that belongs to the person but has its benefits transferred to another (for example, leased property) is valid if the owner of the unlawfully possessed property or the one who leased the benefits agrees to the loan or gives some sign of consent.

(M) A person who has leased a property or has an interest in a property can lend it, as long as they have the right to transfer that right. However, if it is stipulated in the lease agreement or if it is understood from the nature of the lease that only the lessee can use it, they cannot lend it to another person.

(M) A madman, child, fool, or bankrupt cannot lend their property. However, if the guardian of the child, fool, or madman deems it appropriate, they can lend the property of the person under their guardianship. Similarly, a bankrupt person can lend property with the consent of their creditors.

Liability in Loan

(M) If the loaned item is damaged or lost, the borrower is not liable unless one of the following three conditions applies:

1. Negligence in its care.
2. The lender has stipulated liability, meaning if the item is lost, the borrower is responsible for compensation.
3. The item loaned is made of gold, silver, or items made of precious metals.

(M) If gold or silver is loaned, and it is agreed that the lender will not be responsible in case of loss, the loan is invalid. However, if the owner agrees to forgive the borrower for the loss, there is no problem, and the borrower is not liable.

(M) If the lender dies, the borrower must return the loaned item to the heirs.

(M) If the lender becomes incapacitated (for example, due to madness or unconsciousness), the borrower should return the loaned item to the guardian of the lender.

Loan Agreement: A Discretionary Contract

(M) The person who has loaned something may reclaim it at any time. Similarly, the borrower can cancel the loan agreement and return the item. If the lender reclaims it, and this causes harm to the borrower according to custom, the lender must grant the borrower additional time.

(M) If land is loaned for burying a Muslim or someone in a similar position, after the burial, the lender cannot force the borrower to open the grave unless the body has completely decomposed.

(M) Lending gold or silver utensils for the decoration of a room is permissible, but lending them for unlawful activities, such as gambling, is invalid.

(M) An item that has both lawful and unlawful benefits cannot be loaned with the intention of benefiting unlawfully.

(M) Lending a sheep for milk or wool, or lending other animals for lawful purposes (such as breeding) is permissible.

(M) If an item is loaned to the borrower and then returned to the owner, or to the owner’s agent or guardian, and the item is lost, the borrower is not liable.

(M) If the loaned item is not returned in the usual manner, the borrower is liable. For example, if a borrowed car is parked somewhere where the owner would normally park, and the car is damaged, lost, or stolen, the borrower is responsible.

Lending Impure or Stolen Items

(M) If an impure vessel is loaned for use, the borrower must be informed of its impurity.

(M) If impure clothing is loaned for prayer, there is no obligation to inform the borrower of its impurity.

(M) An item that has been borrowed cannot be re-loaned or leased to another without the consent of the original owner.

(M) If an item that has been borrowed is lent to another with the permission of the original owner, and the original borrower dies or becomes mad, and the original owner is still alive, the second loan does not become invalid.

(M) If the borrower knows that an item is stolen, they must return it to its rightful owner. If the borrower does not know who the owner is, they must follow the procedure for dealing with property whose owner is unknown (ownerless property). In any case, the borrower cannot return the item to the original lender.

(M) If the borrower knows that an item is stolen and uses it, and the item is damaged or lost, the rightful owner can claim compensation from the borrower or the person who stole the item.

Compromise (Sulh)

(M) “Sulh” is an agreement made to resolve a dispute or prevent a possible dispute by one party giving up a portion of their property or rights in exchange for a portion of the other party’s property or rights. This transaction is called “compensated sulh.” If no compensation is involved, it is called “uncompensated sulh,” and both types are valid.

Conditions of Sulh

(M) Sulh is an independent contract and its terms are not dependent on other contracts. It is permissible even if there has been no prior dispute, provided that it does not involve making what is forbidden lawful or what is lawful forbidden.

(M) The two parties involved in a sulh must be of legal age, sound mind, and not prohibited from dealing with their property due to incapacity or bankruptcy. Neither party can be coerced into the agreement, and it must be made voluntarily.

(M) The language of the sulh contract does not need to be in Arabic. It is valid as long as it is clear that both parties have reached an agreement.

If the depositor has unlawfully seized another person’s property and handed it over as a trust, it is obligatory for the trustee not to return the property to the wrongdoer. Instead, they must prevent, to the best of their ability, the return of the property to the possessor who has wrongfully seized it.

If the depositor, having wrongfully taken the property, dies, and his heirs claim the trust property, it is incumbent upon the trustee to deny the existence of the trust.

If travelling is necessary to safeguard the trust property, it is obligatory for the trustee to either travel with the property or return it to its rightful owner.

If the entrusted property is lost and the trustee has been negligent in safeguarding it, or admits to such negligence, and a dispute arises regarding its value, the trustee’s statement denying the excess value will take precedence.

If the depositor becomes insane or unconscious, the deposit becomes void. The person holding the trust must promptly return the property to the guardian or inform the guardian. If they fail to do so without a legitimate excuse and the property is lost, they must compensate for it. Similarly, if the depositor’s insanity or unconsciousness is periodic, the trustee must perform the same action.

If a third party claims the trust property, the trustee is obliged to safeguard the trust property until the rightful owner of the property is determined. The trustee must not return the property to the third party unless the depositor or their heir has provided clear instructions or authority to do so.

In cases where the trustee is in doubt about the identity of the rightful owner of the trust property, they must take all reasonable steps to identify and confirm the owner’s claim before returning the property. If the rightful owner cannot be identified after reasonable effort, the trustee must act in a manner that prevents the property from being lost or damaged.

If the trustee is unable to fulfil their obligations due to circumstances beyond their control, such as force majeure, they are not held liable for any loss or damage to the trust property, provided they can demonstrate that they have acted with due diligence and have taken reasonable precautions to protect the property.

Where the trustee is under no obligation to keep the property and wishes to release it, they must return the property to the depositor or their heirs. However, if the depositor or their heirs are unavailable, the trustee must take all necessary steps to safeguard the property until the rightful party can be identified.

Should the trust property be subject to dispute, the trustee is required to manage the dispute in good faith and follow any legal procedures that may arise in relation to the claimants. The trustee is also obligated to cooperate with legal authorities in cases where the dispute leads to litigation or legal proceedings.

If the property entrusted to the trustee is damaged or destroyed without fault or negligence on the part of the trustee, the trustee is not responsible for compensating for the loss. However, the trustee must inform the depositor or their heirs of the incident at the earliest possible opportunity.

In the event that the trustee is required to liquidate or sell the trust property, they must ensure that such actions are carried out in a manner that is consistent with the interests of the trust. The trustee must seek the best possible terms for the sale or liquidation of the property, taking into account the current market conditions and any relevant legal restrictions.

If the trust property is at risk of being devalued or adversely affected by market fluctuations or other external factors, the trustee has a duty to take appropriate actions to protect the value of the property. This may include moving the property to a safer location, insuring it against potential loss, or taking legal action if necessary to preserve its value.

In cases where the trust property is subject to a financial loss, the trustee must inform the beneficiaries or other interested parties of the situation at the earliest opportunity. The trustee must also provide clear and transparent documentation of any actions taken to mitigate or address the loss.

Should a dispute arise between the trustee and the beneficiaries regarding the management of the trust property, the trustee is required to attempt to resolve the dispute amicably through negotiation and mediation. If the dispute cannot be resolved through these means, the trustee must seek legal guidance and, if necessary, initiate formal legal proceedings to ensure that the trust is managed in accordance with the applicable laws and regulations.

The trustee has an ongoing duty to act in the best interests of the beneficiaries and to ensure that the trust property is managed in a manner that is consistent with the intentions of the settlor. If the trustee is found to have acted in bad faith or to have neglected their duties, they may be held liable for any resulting loss or damage to the trust property or to the beneficiaries.

Nadhr (Vow) for Visiting Holy Shrines

• If one vows to visit the shrine of a particular Imam (peace be upon him), for example, to go on pilgrimage to the shrine of Aba Abdillah al-Hussain, it is not sufficient if they visit the shrine of another Imam instead. In the event that they are unable to visit the shrine of the specified Imam due to a valid excuse, no further obligation arises on them.
• If one vows to perform a pilgrimage, but does not make a vow regarding the ritual purification (ghusl) or prayer associated with the visit, the performance of these acts of worship is not obligatory upon them.

Vows Related to the Shrines of Imams

• If one vows something for the shrine of one of the Imams or their descendants without specifying a particular amount of expenditure, they should use it for purposes related to the shrine, such as its restoration, lighting, carpeting, and similar needs. If this is not possible, or if the shrine does not require such assistance, the funds should be directed towards supporting the needy pilgrims of that shrine.
• If one vows something for a specific Imam (peace be upon him) or their descendant, without mentioning the shrine, they are allowed to use the funds for additional purposes such as mourning ceremonies, spreading the teachings of the Imam, helping the pilgrims, or any other activity connected to that Imam.
• If someone makes a vow for one of the Imams, the Prophet Muhammad (peace be upon him), or one of their descendants, scholars of the past, or similar figures, and does not specify the expenditure, they should use the funds for something associated with them, such as aiding needy pilgrims, contributing to the shrine, sponsoring mourning ceremonies, spreading their teachings, or building a mosque or similar institutions in their name.
• If someone vows to offer a specific sheep as charity or in the name of an Imam, the wool, fat, and offspring of the sheep will also be part of the vow.
• If one vows to perform a specific action upon the recovery of a sick person or the safe return of a traveller, and the illness has already been cured or the traveller has already returned safely before the vow is made, they are not required to fulfil the vow.

Vows Regarding Marriage

• If a father or mother vows to marry their daughter to a specific person, such as a Sayyid or another suitable individual, their vow does not have any binding effect on the daughter, and no obligation falls upon her. It is recommended that once the daughter reaches the age of responsibility, they inform her of the vow, so that if she is willing, she may marry the person in question. If she is unwilling, she has the right to make her own choice, and the vow is not binding on her.
• If a father vows that he will accept a particular marriage proposal for his daughter, for example, from a Sayyid or a scholar whom he deems suitable, the vow is valid. However, if a proposal comes from someone who does not meet the conditions, but is still considered a more appropriate match, the daughter may oppose the vow made by her father.

The Concept of ‘Ahd’ (Covenant)

• Ahd refers to a pledge made with Allah to perform a particular action or abstain from something. All the conditions for a vow (Nadhr) also apply to the concept of Ahd.
• If one makes a covenant with Allah, promising to perform a good deed once their need is fulfilled, they must fulfil that promise once their need has been met. Similarly, if someone makes a covenant to perform a good deed without a prior need, that deed becomes obligatory upon them.
• There is no need for a formal declaration in the Ahd; it suffices to have the intention in the heart.
• If someone says, “I make a covenant with Allah that I will do such-and-such,” it is correct, provided that the action is better to perform than to refrain from. However, if the action is better left undone, the covenant is not binding.
• If someone pledges to do a certain action, it is not necessary for the action to be viewed as better from the Islamic perspective, as long as it is not prohibited and is considered beneficial by reason.
• If circumstances arise after making the covenant, where the action no longer seems beneficial or does not align with Islamic principles, it is not obligatory to act in accordance with the covenant, although fulfilling it remains commendable.
• If someone fails to fulfil their covenant, they must atone for it by either feeding sixty poor people or fasting for two months, with the first thirty-one days to be consecutive.

Races and Competitions

• Horse racing, archery, and other competitions involving modern weapons such as guns, airplanes, and tanks, even if accompanied by betting, are permissible. Likewise, any competition in any field or discipline is permissible, as long as it does not involve gambling.

Conditions for a Valid Competition

• The following conditions must be observed in a valid competition:
  1. The offer and acceptance must be clear, whether expressed verbally or through actions indicating consent, even if through an informal agreement.
  2. Both parties must be of sound mind, of legal age, and possess full free will.
  3. The prize amount, whether in cash or kind, must be specified.
  4. One of the parties, or a third party, must clearly be responsible for awarding the prize.
  5. Any ambiguous aspects, such as the purpose, distance, or start and end points, must be clarified.
• Sporting competitions, such as swimming, running, wrestling, and football, are permissible, provided they do not cause intolerable physical or psychological harm. Betting in these sports is permissible if it involves a third party or an institution, such as a government, providing rewards to the winners.

Competitions with Gambling Instruments

• Competitions involving instruments intended for gambling are impermissible, even if they are intended for entertainment and are not accompanied by betting. However, if the instruments are no longer considered gambling tools, there is no objection to their use in competitions.
• If an organisation or charity distributes tickets to help support a charitable cause, and the people contribute money in support of the charity with the knowledge and consent of all participants, and the organisation then holds a lottery to award prizes, this is permissible.

Entertainment Activities

• As a general rule, various forms of entertainment are permissible as long as they do not involve prohibited activities or lead to immoral behaviour. Thus, listening to or watching cinema, theatre, radio, television, satellite, the internet, and similar activities is permissible, provided they do not corrupt the minds or morals of individuals or society. However, these activities should not interfere with obligatory or important duties, particularly in the case of children, where greater care should be taken.
• Performances and plays that do not involve prohibited actions, such as illicit sexual contact or the promotion of corruption, and that do not insult religious sanctities or the prophets, are permissible. Likewise, non-gambling games are acceptable, as long as they do not involve gambling instruments.

Taking Possession of Stolen Property

If a person has taken something by force or without the owner’s consent and alters it in a way that makes it more valuable or useful (for example, turning stolen gold into earrings or necklaces), they must return it in its altered form if the owner requests it, without compensation for the work done. The person cannot revert the item to its original form without the owner’s consent. However, if they return it in the original form or a different form without the owner’s permission, they must compensate for the labor and any loss in value caused by the change.

Agricultural Land and the Rights of the Owner

If a person unlawfully occupies land and plants crops or trees on it, they retain ownership of the crops and trees but must compensate the landowner for any damage to the land, such as depressions from tree roots or changes in the land’s value. Additionally, the person cannot force the landowner to sell or lease the land to them, nor can the landowner force them to sell the crops or trees they have planted.

Liability for Stolen Property

If someone steals something, they are obliged to return it to the rightful owner as soon as possible. Any delay increases their sin. If the item is lost or destroyed, they must compensate for it. The thief is also liable for any benefits that were gained from the stolen property (such as offspring from stolen livestock).

Endowment (Waqf) and Its Conditions

Waqf refers to the practice of dedicating property for religious, charitable, or personal purposes, such as setting aside land for a mosque, school, or for the poor. Once something is designated as waqf, it is no longer the personal property of the individual and cannot be sold or transferred, except in very rare cases. The property’s benefits are allocated according to the specified purpose.

There are two types of waqf:

1. Specific Waqf: Dedicated to a particular group (e.g., for the use of one’s children).
2. General Waqf: Dedicated for public use (e.g., for a mosque or charity).

The person making the waqf (the waqif) must have legal capacity (they must be an adult, sane, and of sound judgment). If the waqf is intended for future generations or specific purposes, the process must adhere to the conditions stipulated by the donor. If the donor or the designated recipients die before the waqf takes effect, the endowment may not be valid.

Guardianship and Management of Waqf

If the waqf is specific, the donor may appoint a guardian or manager. In the case of public waqf (like a mosque or school), the legal authority (e.g., a religious leader or judge) is responsible for its oversight. The management of waqf properties, such as their repair or leasing, must align with the original intention of the endowment, prioritizing the welfare of future generations and the intended beneficiaries.

The Administration of Educational Institutions in Islamic Territories

1. ( ) Non-believers cannot run schools for Muslims in Islamic territories or assume responsibility for the education of Muslim children. It is not permissible for Muslims to send their children to their schools and kindergartens.
2. ( ) Establishing mixed-gender schools, where Islamic customs regarding men and women are observed, whether at primary or higher levels, and where teaching and cooperation with them, as well as sending children to such institutions, is permissible, provided that no deviant teachings are included in their curricula. Schools and educational institutions for Muslims must, like the rest of their society, be committed to observing Islamic regulations.
3. ( ) If a school or university required by the general population does not sufficiently adhere to Islamic customs and regulations, it is necessary to establish such schools and universities based on sacred Islamic teachings and implement religious programs to ensure that everyone, especially those with more potential, can continue their education.
4. ( ) It is not permissible to attend a class taught by an instructor who has corrupt beliefs and propagates against Islam during the lesson.
5. ( ) Participating in gatherings and events of heretical groups or misguided factions is prohibited, unless one has sufficient knowledge and skill to refute them and expose their falsehoods, thereby critically addressing their misconceptions.
6. ( ) Acting in accordance with programs that contradict the rituals and laws of sacred Islamic law is prohibited, and it is the duty of every Muslim to prevent such actions.
7. ( ) Building places for corruption and sin, attending such locations, or renting out homes for such purposes is prohibited.
8. ( ) Buying, selling, supporting, or reading publications such as newspapers, magazines, or journals that mislead people is prohibited, unless it is done by those who are qualified to critique and refute them.
9. ( ) Assisting and supporting Islamic, scientific, and trustworthy publications and cooperating with them is a vital duty of knowledgeable and well-intentioned individuals, and it plays a significant role in the spread of Islamic teachings and propagation.
10. ( ) Taking away the legitimate freedoms of people and imposing an autocratic surveillance over their actions is not permissible.
11. ( ) Creating statues, honouring them, or installing them in public squares is not permissible.
12. ( ) Wearing the clothing designated for men by women, or for women by men, in the presence of others is prohibited.

Political Independence

1. ( ) Acquiring and teaching knowledge, industries, and technologies that are necessary for everyone, contribute to the strength and glory of the Muslim community, and enhance their defensive capabilities against non-believers, is a communal obligation. Muslims must strengthen themselves in such a way that the non-believers’ ambitions regarding their lands, honour, reputation, wealth, resources, and assets are thwarted.
2. ( ) Assisting oppressive individuals and those who oppose the religion and its laws, or cooperating with them in wrongdoing, is prohibited.
3. ( ) Those who are not religiously observant, who do not pray, fast, or adhere to Islamic duties, are not qualified to hold public or social positions. If they assume such roles, they are considered usurpers and violators of the communal rights.
4. ( ) Muslims should exhibit mutual tolerance and cooperation among themselves, while avoiding granting any privileges, authority, or control to non-believers in the affairs of Muslims.
5. ( ) Mercenaries and employees of tyrannical regimes who present themselves as promoters of religion but collaborate with falsehood and deviant programs have greater sin than others. Muslims should distance themselves from them and not be deceived by their outward appearance and rhetoric.
6. ( ) Every Muslim should consider the political independence of the Muslim community, the supremacy of Islam, and the strength and capability of Muslims against non-believers as one of their most important duties.
7. ( ) If a Muslim can steer the community and nation towards the implementation of Islamic laws, they should strive for it, and it is obligatory to cooperate with those who are working towards this goal.
8. ( ) Fighting against the economic, intellectual, and political influence of foreign powers in Islamic lands is a duty for every Muslim. Assisting colonial agents who aim to advance foreign influence is prohibited.
9. ( ) Employing non-believers, whether dhimmis or others, in administrative bodies that oversee the workings of the nation or in critical positions of the country’s defense, is not permissible. Officers, judges, and other such roles must be occupied by Muslims.
10. ( ) Marriages between Muslims and Baha’is are not permissible. If such a marriage occurs, it is invalid and the individuals must be separated. Muslims are required to facilitate this separation, but if the woman was unaware of the man’s Baha’i faith or the prohibition against such a marriage, after the separation, she must observe the waiting period, which is equivalent to the waiting period after a divorce.

Economic Independence

1. ( ) Buying and selling goods from non-believers who are at war with Muslims, if it strengthens them and weakens the Muslims, is not permissible except in cases of necessity, such as treating a sick person or similar situations.
2. ( ) Muslims should consider the strength and economic self-sufficiency of the Muslim community, especially in economic relations, always taking care to meet their own needs.
3. ( ) Muslim traders have a duty to cooperate and consult with each other and establish necessary companies to prevent foreign agents and their mercenaries from infiltrating Muslim businesses, industries, and trade institutions. They should prevent deviant sects and foreigners from taking control of the economic affairs of Muslims and use every available means to oppose their encroachments.
4. ( ) Cooperation and participation in foreign cultural institutions and misguided groups, which are key elements of colonialism and aim to weaken Muslims while strengthening non-believers, is not permissible.
5. ( ) Acquiring wealth must be done through lawful and legitimate means, and any form of unlawful means such as gambling, theft, or usury is prohibited.
6. ( ) Among the most respected matters is the life, honour, and property of a Muslim, and no one has the right to violate these except in cases where Shari’a has prescribed a ruling.
7. ( ) A Muslim’s home is sacred, and it is not permissible to enter it without their permission. Similarly, it is not permissible to climb onto someone else’s roof or peep into their home through cracks or openings.
8. ( ) It is the duty of every Muslim to contribute to the improvement of the affairs and economic conditions of the Muslim community.
9. ( ) Traveling to non-believer lands or places where one cannot perform their religious duties is not permissible, except in cases of necessity and to guide them.
10. ( ) Usurping other people’s property is prohibited, and it is not permissible to seize anyone’s belongings without their consent.
11. ( ) Engaging in usury, whether through direct transactions or through institutions like banks or companies, is prohibited.
12. ( ) The economy, trade, and banking of the Muslim community have become dependent on global hegemony due to the negligence of Muslims and the power of foreign entities. Until Islamic economics is well-defined and banks align with it, capable Muslims should collaborate to establish Islamic interest-free lending institutions and counter these worldly corruptions by adhering to God’s commands.
13. ( ) Muslims must adhere to Islamic instructions in trade, transactions, and all relations with non-believers, avoiding deceit, fraud, and harm in any form.
14. ( ) Interfering in the management of charitable endowments, such as mosques, religious schools, and libraries, which are trust-based and lack appointed overseers, is prohibited unless done by a just scholar or someone authorised by them. Taking or managing funds allocated for these purposes is also not permissible.
15. ( ) Cooperation between men and women who are not related by marriage or family in commercial or administrative work, provided they avoid prohibited actions and adhere to Islamic rules, is permissible.

The Concept of Wilayah (Authority) in Islam

1. ( ) Wilayah (governance) is the authority granted by Allah, and all phenomena possess it to some extent. This is referred to as “Takwini Wilayah” (Creationary Authority).
2. ( ) “Tashri’i Wilayah” (Legislative Authority) is the authority to legislate divine laws for the governance of society, granted to the Imams and, during their occultation, to qualified scholars (Fuqaha) who meet certain criteria.
3. ( ) During the occultation of Imam al-Mahdi (A.J.T.F.S.), qualified jurists (Fuqaha) have been entrusted with the governance of religious and societal matters, provided they possess the necessary qualities, such as knowledge, justice, social influence, popular acceptance, and avoidance of self-interest. They are responsible for leading the community in accordance with Islamic teachings.
4. The Role of the Jurist in Islamic Governance
5. One should not allow any injustice or shortcoming to create chaos within the religious community, nor should the boundaries and dignity of the deserving jurist (faqih) be tainted under any pretext, as this would be among the gravest sins and deviations. It is the duty of all religious individuals to encourage both themselves and others to stay away from such afflictions.
6. Temporal Awareness of the Jurist
7. A jurist, in issuing religious rulings, must be visionary and realistic, considering the feasibility, objectivity, and practical implementation of the fatwa. He must avoid rigidity, fantasy, and individual and social disruptions, so that religion can be integrated into the social reality and widely accepted by the people, bringing about productivity, happiness, and blessings in society.
8. The jurist should refrain from aligning religion with personal desires or non-religious interpretations. Reason should serve as the guiding light of religious knowledge, not allowing religion to be contaminated by human constructs.
9. Intelligence, foresight, and religious awareness should lead to a profound understanding of religious rulings, rather than allowing superficial, seemingly logical or scientific excuses to diminish the presence of religion and Islamic laws within society.
10. In the Islamic domain, leadership is confined to the infallible figures and just individuals. The leadership of the Islamic Ummah (community) should not be entrusted to those who lack these qualifications or fail to meet other necessary conditions.
11. Religious Leadership: A Divine, Real, and Personal Position
12. The leadership of the faqih differs from monarchy, despotism, and mob rule in its essence, and its characteristics should not be overlooked. Leadership in Islam and other Abrahamic religions is a divine, personal, and real office, not a legal or general one. The leader is appointed by God, just as the prophets are individuals, and religious offices such as imamate, religious judgment, leading prayers, and other divine responsibilities are entrusted to individuals.
13. As discussed previously, leadership is neither elective, nor collective, nor something that can be decided by a council. The leader, from a societal perspective, is an individual rather than a general or collective figure, even though councils and popular elections play a significant role in actualizing the people’s participation and social reality of leadership.
14. In the period of occultation (ghayba), leadership is assigned to qualified, just individuals. Unjust and unqualified individuals do not have the legitimacy to assume leadership, particularly in the realm of religious leadership as the faqih and religious leader. This ensures that leadership remains untarnished and maintains the trust of the people.

Beginning of Offensive Jihad in the Sacred Months

It is not permissible to initiate offensive jihad during the sacred months. However, if the disbelievers attack the Muslims during these months, it becomes obligatory to defend.

Offensive Jihad is Permissible Against Three Categories:

1. Non-believers and People of the Book (Jews, Christians, and Zoroastrians): If they are not under the protection of Islam.
2. Non-believers who have accepted to live under Islamic rule but fail to abide by the terms of the agreement and breach the covenant. However, as long as they adhere to the terms, their lives, honour, property, and reputation must be protected, and their lawful rights should be respected.
3. Rebellious Armed Groups (Bughah): Groups that, without legitimate cause and motivated by false reasons, attempt to change a rightful Islamic government, seize power, or revolt under the guise of reform. Whether their rebellion is organised warfare or irregular, such as guerrilla warfare or a coup against an Imam or a qualified jurist, jihad against these groups is considered defensive jihad.

Conditions for Non-believers Under Islamic Sovereignty

The conditions under which non-believers live under Islamic rule include:

1. Payment of taxes according to the conditions of time and place.
2. Abstention from actions such as plotting against the Islamic government, assisting the enemies financially or with information, harassing individual Muslims, and publicly committing sinful acts, such as drinking alcohol or immoral behaviour.
3. Submission to the general laws of the Islamic judiciary system, though they may refer to their own judges for personal matters.

If the Islamic state enters into a covenant or provides protection to the non-believers or polytheists, it is obligatory to honour that covenant or protection, and it cannot be violated.

Treaties of Peace with Non-believers at War

If the Islamic government deems it in the interest of Islam and the Muslims, it is permissible to enter into a peace treaty with non-believers who are at war with the Muslims, whether any compensation is given to the non-believers or not. The duration and other terms of the peace treaty are subject to the judgement of the Islamic authorities.

Granting Protection to a Non-believer who Might Accept Islam

If there is a reasonable likelihood that a non-believer (harbi) might embrace Islam, granting them protection and securing the safety of their family and property by the Islamic ruler or a Muslim is permissible, provided there is no betrayal involved. It is not required for them to request protection, and fighting against them in such a case is not permissible.

Invitation to Islam Before Offensive Jihad

Before initiating offensive jihad against non-believers, the Islamic government must first invite them to Islam and create the necessary conditions for them to embrace the faith and justice. Offensive jihad without proper invitation is not permissible.

Protection of Women and Children in Jihad

In the jihad against non-believers, no harm should come to women or children. Similarly, enemy combatants captured in the jihad who do not pose any danger should not be mistreated after the end of the war and must fully enjoy their legitimate rights.

Treatment of Prisoners of War

The Islamic ruler, in accordance with the public interest, may take one of three actions regarding prisoners of war from non-believers:

1. Free them without compensation and, if deemed appropriate, allow them to live wherever they wish.
2. Free them in exchange for compensation.
3. After respecting their rights and Islamic rulings, use them to integrate into the Islamic society.

Execution of Rebellious Prisoners of War

It is not permissible to execute prisoners from rebellious armed groups if they pose no threat. Instead, they should either be freed, employed for a period if deemed appropriate, or kept in prison and then released.

Islamic Law of Justice and Criminal Law

Islam has provided the necessary framework to purify society from crimes and conflicts, some of which are compulsory, by establishing preventive legal measures in the form of Islamic criminal law. The following section outlines some of the key rulings on justice, methods of proving crimes, such as confessions, testimony, oaths, and the laws regarding punishments, blood money (diya), and retribution (qisas).

Judging (Qada)

“Judging” refers to the act of resolving disputes and differences among people under specific conditions.

The role of a judge is one of the most important responsibilities of the ruler in an Islamic government, which is designated by Allah to the Prophet Muhammad (PBUH), and from the Prophet (PBUH) to the infallible Imams, and from them to a just jurist (faqih). The importance of this role is immense, as evidenced by the statement of Imam Ali (AS) to Shurayh al-Qadi: “O Shurayh, you have seated yourself in a position where only the Prophet, his successor, or a wretched individual sits.”

Imam Ja’far al-Sadiq (AS) is also quoted as saying: “Beware of judging, for it is the right of the Imam, who knows how to judge and administer justice among the Muslims, just as the Prophet or the successor of the Prophet would.”

Conditions of a Judge

A judge, whether appointed or chosen by mutual agreement, must meet the following conditions: maturity, intelligence, faith, justice, being male, and being born to lawful parents. However, being a jurist (mujtahid) or the most knowledgeable of the land is not a requirement. The judge must have knowledge of the judicial rulings, even if based on imitation (taqlid). Additionally, the judge should possess necessary social awareness and psychological skills.

The qualifications and attributes of a judge are determined through personal knowledge, public reputation, or the testimony of two just witnesses.

Judging by a Non-Mujtahid

A person who is not a jurist may judge based on the fatwa of a jurist, even if they are not acting as a representative of the jurist. They can resolve disputes and conflicts between two parties.

Restrictions on Judging

It is forbidden for someone who believes they do not possess the necessary qualifications to assume the role of a judge, even if others believe they are qualified. Likewise, referring to someone who is unqualified for judging is forbidden unless the claimant is forced to do so in order to obtain their lawful right, particularly if failing to do so would place them in a difficult situation.

Ethics of Judging

A judge must remain independent and unbiased in their judgments, ensuring that their decisions are based solely on the Quran and Sunnah, without external pressure. They must not act hastily and should maintain impartiality in both their actions and appearance during hearings. It is essential to avoid showing any favouritism, even in non-verbal cues such as greeting, attention, or addressing the parties involved.

A judge must not make decisions when under emotional distress, physical discomfort, or mental imbalance. If necessary, they should consult experts in relevant matters before issuing a judgment.

Witness Testimony and Acceptance of Witnesses

1. Witness Testimony: Witness testimony is only accepted when the content of their testimony is consistent in terms of the “subject,” “time,” “place,” and “attributes.” If the witnesses’ statements contradict each other, nothing is proven, and their testimony loses its credibility.
2. False Testimony: If witnesses deliberately give false testimony, they will be punished by the religious court. If their false testimony causes harm or damage to someone, they must compensate for it.
3. Identification of False Testifiers: It is obligatory to inform people in the witnesses’ locality about those who have given false testimony so that their testimony is no longer accepted. Their testimony will not be considered valid unless they repent, reform themselves, and their fairness is verified.

Testifying to Testimony

1. Testifying to Testimony: Testifying to testimony occurs when the original witness is unable to appear in court to testify, and other individuals testify on their behalf.
2. Acceptance in Civil Law: Testifying to testimony is acceptable in civil law but is not accepted for the enforcement of legal punishments (e.g., in the case of corporal punishments), although it is accepted for other legal consequences. Therefore, if two people testify regarding someone else’s involvement in theft, this cannot justify the cutting off of the accused’s hand. However, alongside the testimony of another individual, the property can be reclaimed from the accused.
3. Requirements for Testifying to Testimony: In “testifying to testimony,” two witnesses are required for the testimony to be validated. However, two just witnesses may testify to the testimony of the original two witnesses.
4. Condition of Validity: “Testifying to testimony” is valid only when the original witness cannot appear in court.
5. General Law of Obligation: According to the universally accepted laws, the rule of obligation is as follows: if an individual or a community is bound by a certain law, another person who does not believe in that law may still interact with them based on that law, for their own benefit.

Disputes Between Shia and Various Sunni Sects

1. Witness Presence in Marriage: According to the verdict of some Sunni scholars, the presence of witnesses is a condition for the validity of a marriage contract. This condition is not necessary according to Shia scholars. Hence, if a Sunni man marries a woman without the presence of witnesses, the marriage is invalid, and the woman does not become his wife. In this case, a Shia man could, according to the rule of obligation, marry the woman.
2. Simultaneous Marriages with Aunt and Niece, or Maternal Aunt and Niece: According to the verdict of Sunni scholars, a man cannot marry his aunt and his niece or maternal aunt and maternal niece simultaneously; he can only marry one of them. Therefore, if a Sunni individual marries both his aunt and niece or his maternal aunt and maternal niece, this marriage is invalid in Sunni law, and neither woman becomes his wife. However, in Shia jurisprudence, if the marriage of a niece or maternal niece to her aunt or maternal aunt is done with the aunt’s or maternal aunt’s consent, it is valid. Therefore, if a Sunni individual marries both women simultaneously, a Shia man can, according to the rule of obligation, marry either of them, or, with the consent of the aunt or maternal aunt, both.
3. Iddah for Elderly or Young Women: Sunnis observe an iddah (waiting period) for divorced elderly or young women who have had relations with their husbands. However, in Shia law, there is no waiting period required for elderly or young women who are divorced. According to this ruling, if a woman becomes Shia, she is exempt from the waiting period, and if her divorce is revocable, she can claim maintenance for the days of her waiting period from her Sunni ex-husband. Since Shia law does not require an iddah, she may marry another person during that time. Similarly, if a Sunni man becomes Shia, he may marry the sister of a woman who was divorced by her Sunni husband during her iddah period, without needing to observe the waiting period.
4. Divorce Without Witnesses: If a Sunni man divorces his wife without the presence of two just witnesses, or if he divorces part of her body (e.g., one of her fingers), the divorce is valid under his sect’s law, and it applies to the entire woman. However, in Shia law, such a divorce is invalid unless it occurs in the presence of two just witnesses and is applied to the whole woman. According to the rule of obligation, a Shia man may marry that woman after her waiting period ends.
5. Divorce During Menstruation: According to Sunni law, if a man divorces his wife during her menstruation or during the period of cleanliness when they have had relations, the divorce is valid. In Shia law, such a divorce is invalid. Therefore, a Shia man may marry the woman after her waiting period ends.
6. M ( ) A married man who commits adultery must be subjected to stoning in a specific location and under particular conditions, and the stoning must be carried out in accordance with religious law to ensure the correct implementation of the punishment. If the man is married, he must first undergo a full trial, and after the crime of adultery is proven, stoning is carried out as the prescribed punishment.
7. M ( ) In the case of a married woman, the punishment of stoning is also carried out in the same manner as for a married man, and it should be implemented under similar conditions. If the trial conditions and the proof of the crime are properly conducted, the stoning punishment will be applied to the woman as well.
8. M ( ) When an individual commits adultery, valid evidence and testimony must be presented in court. If the person repents from their sins and their repentance is accepted, they may be exempted from the punishment. The execution of the punishment is based on the evidence and testimony available in court.
9. M ( ) It is important that the religious conditions and requirements are observed throughout the entire judicial process to ensure that the rights of the individual committing the crime are properly upheld, and to prevent mistakes from occurring.
10. M ( ) In carrying out divine punishments, justice must always be maintained, and there should be no discrimination or injustice in the process of executing the punishment. Additionally, all evidence and testimony should be considered to ensure that the final judgment is in accordance with fairness and justice.
11. M ( ) In some cases, if the purpose of the punishment is to reform and change the behavior of the sinful individual, the religious authority may decide to reduce the punishment or even to refrain from implementing it. Such decisions should be made carefully, considering the welfare of both the individual and society.
12. The points discussed further delve into the various aspects of executing punishments in Islamic jurisprudence and its conditions, illustrating that the application of these rulings should always be carried out with adherence to religious principles, justice, and public welfare.
13. Other Hudud and Ta’zirat
14. M ( ) If someone claims to be a prophet or blasphemes against the Prophet Muhammad (PBUH) or one of the infallible Imams (AS), it is obligatory for anyone who hears this and has the ability to kill them to do so, unless they fear for their own life, property, or honor, or that of another Muslim. There is no need for permission from the Islamic judge to execute this punishment. However, if they cannot prove this in an Islamic court, they will be treated according to judicial procedures.
15. M ( ) If a Muslim practices sorcery and harms others with it, and does not repent, the punishment for them is death.
16. M ( ) Sorcery is proven by two confessions from the person or by the testimony of two just men.
17. M ( ) If someone has intercourse with their wife during menstruation, the punishment, if proven, is twenty-five lashes, and they must also pay a kaffarah (atonement).
18. M ( ) If someone engages in sexual intercourse with their spouse while both are fasting during the month of Ramadan, and it is with the consent of the woman, the punishment for both, if proven, is twenty-five lashes for each. However, if the woman is coerced, the man receives fifty lashes, and the woman has no punishment.
19. M ( ) If someone kisses a boy out of lust, they will be punished with anywhere from thirty to ninety lashes, as determined by the Islamic judge. There is a narration that God will place a flame in the mouth of such a person, and the angels of Heaven and Earth, as well as the angels of mercy and wrath, will curse them, and Hell will be prepared for them. However, if they repent, their repentance will be accepted.
20. M ( ) If someone intends to commit adultery with a woman or sodomy with a boy, and it is not possible to prevent them without killing them, it is permissible to kill them, provided the interests of justice are observed.
21. M ( ) Anyone who knowingly and intentionally sells alcoholic beverages, if proven, will be punished by the Islamic judge according to ta’zirat (discretionary punishments).
22. M ( ) If someone deliberately neglects one of the obligatory religious duties or commits one of the prohibited acts without any valid excuse and acknowledges it, or if two just men testify to it, they will be punished by the Islamic judge according to ta’zirat.
23. M ( ) If a child of distinguishing age (tamyeez) commits a major sin, their legal guardian or teacher may discipline them to the extent that it will not cause injury or death, and it should be done gently. The teacher may use no more than three to six mild lashes to discipline them with patience and gentleness.
24. M ( ) If a sinner, who is subject to ta’zir, repents before confession or the establishment of evidence, and their repentance is confirmed by the Islamic judge…

Other Hudud (Punishments)

If a man and a woman, or two women, or two men are found naked together, the Shari’ah judge may administer up to ninety-nine lashes of ta’zir (discretionary punishment).

If fornication, sodomy, or lesbianism is repeated, the prescribed punishment (hadd) is not applied more than once. However, if after the punishment is executed, the individual repeats the act, the hadd will be applied again. This applies to the second and third offenses, and if the hadd has been applied three times, the punishment for the fourth time is death.

If someone has committed both fornication and sodomy, the hadd punishment for each of them will be carried out separately.

If someone attempts to forcibly commit fornication or sodomy with another person, and it is impossible to stop them without killing them, it is permissible to kill them. However, if the killer is unable to prove to the Shari’ah judge that their intention was to harm, they will be subject to qisas (retribution).

The punishment for fornication or sodomy with a deceased person is the same as that for fornication or sodomy with a living person, and their conditions and rulings are identical.

If a person kisses a boy out of lust, the Shari’ah judge will administer as much ta’zir punishment (lashes) as deemed appropriate.

Animal Intercourse

If someone has intercourse with an animal, it is considered a forbidden act, and if proven, the Shari’ah judge will impose a ta’zir punishment.

Masturbation

If someone masturbates, meaning they cause themselves to ejaculate with the intention of releasing semen without engaging with their spouse, they have committed a forbidden act and must repent. If proven before the Shari’ah judge, they will be punished with ta’zir. If they are financially unable to marry, efforts should be made, as far as possible, from public funds to assist them in getting married.

Cursing (Qadhf)

If a person, who is of sound mind and adulthood, deliberately accuses a Muslim man or woman, who is also of sound mind and adulthood, of fornication or sodomy, the Shari’ah judge will administer eighty lashes of ta’zir to the accuser. However, if the accusation involves insults or harm, the Shari’ah judge may impose any punishment they deem appropriate.

If two individuals accuse each other of fornication or sodomy, no hadd punishment is applied to either party, but both will be subjected to ta’zir.

Cursing is proven in two ways:

1. The individual accuser admits the accusation twice.
2. Two male witnesses testify.

The testimony of women is not accepted in this matter.

If a person accuses another of fornication or sodomy and presents four witnesses or the accused confesses to the accusation or the accuser is pardoned by the one accused, no hadd punishment is applied to the accuser.

Drinking Alcohol

If a Muslim adult and sane person knowingly and intentionally drinks any intoxicating alcoholic beverage, regardless of the quantity, even if they do not become intoxicated, the punishment is eighty lashes, administered by the Shari’ah judge, and the manner of implementation is the same as the punishment for fornication.

If someone drinks alcohol several times and the hadd punishment has not been applied to them, only one punishment is applied. However, if the person drinks alcohol and is then punished, and then drinks again, eighty more lashes will be administered. The third offense carries the punishment of death, issued by the Shari’ah judge.

An infidel who is under the protection of Islam, if they publicly drink intoxicating alcohol, will be subject to the same punishment.

Theft (Sariqah)

If a person commits theft under certain conditions, after it is proven before the Shari’ah judge, in the first instance, four fingers of their right hand are to be cut off, leaving the palm and thumb intact. In the second instance, the left foot is cut off from the middle of the foot, leaving the heel intact. In the third instance, the punishment is life imprisonment, and the cost of their living, if they are unable to provide for themselves, will be covered by the public treasury. If they commit theft for a fourth time while in prison, they will be sentenced to death.

If a person commits theft several times and the hadd has not been applied, only one punishment is administered.

Conditions for the application of the hadd punishment for theft are as follows:

1. The thief must be an adult and sane, and the theft must be done voluntarily.
2. The value of the stolen item must be at least one-quarter of a dinar (four and a half grams of gold, equivalent to approximately 864% of a gram of gold).
3. The thief must know that the stolen item belongs to someone else. If they mistakenly believe the item is their own, the hadd is not applied, although they are liable to compensation.
4. The thief must not be a partner in the property stolen. If someone steals from a shared property, such as public property or war spoils, and it does not exceed their share, they are not subject to the hadd, though they will be punished.

Banditry (Muhārib)

If an adult, sane person, armed with a sword or another weapon, openly threatens people, disrupts social order, commits terrorism, or loots people’s property, either in the city, village, or desert, they are considered a “muhārib” (bandit) and “mufsid” (corruptor).

The punishment for banditry is death, crucifixion, cutting off the right hand and left foot, or exile from the place of residence.

If a bandit kills someone, they will be killed; if they only loot, the stolen property is returned, and their right hand and left foot are cut off. If they injure someone, they will be subjected to qisas (retribution), and if they loot and kill, they will be crucified after having the stolen property taken from them. If they attempted to commit a crime but failed, they will only be exiled.

Apostasy (Riddah)

A Muslim who denies God, the Prophet, or essential teachings of Islam, such as the obligation of prayer or fasting, or who converts to a sect like the Khawarij, Nawasib, or Ghaliat, is considered an apostate.

The punishment for apostasy includes death for a male apostate, while a female apostate is imprisoned and forced to repent. If a male apostate returns to Islam, his punishment will not be waived.

Article ( ) If a child intentionally and unjustly kills his or her father or mother, they will be subject to retribution (qisas). However, if a father intentionally and unjustly kills his child, he will not be subject to retribution, but instead, as outlined in the rules of diya (blood money), compensation will be taken from him, and the religious judge (hakim shar’i) will also impose a discretionary punishment (ta’zir).

Article ( ) The paternal grandfather and grandmother are considered equivalent to the father in this regard. If a mother intentionally and unjustly kills her child, she will be subject to retribution.

Article ( ) If two or more individuals intentionally and unjustly kill a Muslim in a manner where all are involved in the killing, the heirs of the murdered person have the option to execute some of the killers and receive blood money (diya) from the others, paying the difference between the diya of the deceased and that of the killer. Alternatively, they can choose to execute all of the killers, provided that the difference in diya between each killer’s execution and that of the heirs is paid to the respective heirs. For instance, if two people are executed, the heirs of each must receive half the diya for each of the killers. However, in such cases, it is preferable not to seek retribution and instead accept only the blood money from each of the killers, or limit the execution to just one person.

Article ( ) If a man kills a woman, retribution may be applied, but because the diya for a woman is half that of a man, the heirs must pay half the diya for the man’s death. Similarly, if a woman kills a man, retribution can be carried out, but this should be considered sufficient, and after killing the woman, the heirs cannot demand half the diya.

Article ( ) If the heirs of the murdered person are multiple, the retribution must be carried out by mutual consent. One of the heirs cannot seek retribution without the consent of the others. If retribution is carried out by one heir while others seek blood money, that heir must pay the share of the diya for the others.

Article ( ) If some of the heirs seek retribution and others seek blood money, the heir who seeks retribution must pay the share of the blood money for those who want the diya before carrying out the retribution. If some of the heirs pardon the killer, the heir seeking retribution must pay the share of the pardon to the killer, and in such cases, it is better to refrain from seeking retribution and settle for the blood money.

Article ( ) If some heirs are present and others are absent, and those present wish to carry out retribution, and it is possible to contact the absent heirs or their absence is expected to be short-lived, the present heirs must contact the absent heirs or wait for them. However, if contacting the absent heirs is not possible and there is no expectation of their return, and if delaying the retribution would cause the rights of the present heirs to be lost, the retribution may be carried out, with the payment of the absent heirs’ share of the blood money, with the approval of the religious judge, who acts as the guardian of the absent heirs.

Article ( ) If some of the heirs are minors or mentally ill, and delaying retribution until their condition changes would cause the rights of others to be lost or in jeopardy, the retribution may be carried out after paying the share of the blood money for the minors and mentally ill individuals, with the approval of the religious judge. If all heirs are minors, the retribution will be carried out by their guardian on their behalf, and it is not necessary to wait until they grow up and make the decision. If the religious judge determines that it is in their best interest to receive blood money, they may agree to do so with the killer. In such cases, once the minors reach adulthood, they will no longer have the right to seek retribution.

Article ( ) If a person kills two or more people either at once or consecutively, the heirs of each victim have the right to seek retribution, but they must act in mutual agreement to ensure that the rights of all are respected. In this case, after retribution, none of the heirs has the right to claim blood money. If the heirs of one of the victims pardon the killer or agree to receive blood money, the heirs of the other victims can still carry out retribution.

Article ( ) The retribution must be carried out using a sword or a similar sharp weapon that does not cause unnecessary suffering or torture to the killer. It is not permissible to amputate the killer’s limbs, even if the victim was tortured or had their limbs amputated. Killing by a bullet to the brain or another lethal weapon is also acceptable.

Article ( ) If a mentally ill person or an underage child kills someone, they will not be subject to retribution, and the ruling will be considered accidental killing (khata’ mahram). The paternal relatives of the killer, known as “aqlah,” must pay the blood money. If a rational person kills a mentally ill person, there will be no retribution, but the killer must pay the blood money. Similarly, if an adult kills an underage child, retribution will not be applied, and blood money must be paid. In the case of killing a fetus, even if the soul has been breathed into it, blood money must be paid. Additionally, if the killer is blind, only blood money is due.

This text outlines various issues concerning diyyah (compensation for bodily harm) and qisas (retaliation), as discussed in Islamic jurisprudence. The topics covered include bodily injuries, compensation for the loss of body parts, abortion, compensation in cases of murder and accidental killings, and damages related to animals, as well as supplementary issues concerning ‘aqilah (the group responsible for paying the compensation in case of accidental killing).

For example, regarding bodily injuries, if a part of a person’s body is harmed, a specific compensation is determined based on the type and severity of the injury. Similarly, in the case of damage to body parts, there is a clear distinction between injuries to individual body parts, where a full compensation is required for the loss of an essential organ such as the tongue or genitals, and injuries to paired organs, such as hands or legs, where the loss of one may result in half the compensation.

Further, in cases of sabotage or harm to the fetus, such as abortion, specific compensations are outlined depending on the stage of the pregnancy. For example, the compensation for a fetus in the form of sperm (nutfah) is 20 mithqāl of gold, while for a fully formed fetus with a soul, the compensation could be 1000 mithqāl of gold for a male and 500 for a female.

In cases of accidental murder, the compensation is required from the ‘aqilah of the perpetrator, which consists of the adult male relatives of the father’s side of the family, but not from maternal relatives. If there are no such relatives or they lack the financial means, the state (the Bayt al-Māl) will be responsible for paying the compensation.

Moreover, the text also discusses the responsibility for damages inflicted upon animals, stating that if a person injures or damages an animal belonging to another, they must compensate for the difference in value between the animal in its healthy and damaged state. If an animal is killed, the full price of the animal must be paid, and in the case of a slaughtered animal, the owner may request the difference in value between a live and slaughtered animal.

Additionally, there are provisions about the distribution of compensation in cases of homicide, where the deceased’s estate is first used to pay off debts, then to fulfil any bequests, and any remaining funds are divided among the heirs. It also clarifies the role of family members in determining the distribution of the diyyah, specifying that a wali (legal guardian) of a minor or a mentally ill person may receive the diyyah on their behalf.

In cases where the perpetrator of an accidental killing is unable to be located, the compensation is taken from their estate, and if that is insufficient, it is drawn from the public treasury.

This text highlights the intricate laws regarding diyyah, establishing clear guidelines for various situations that require compensation, and elaborating on the religious and legal responsibilities of individuals and families in accordance with Islamic principles.

Introduction

The thoughts concerning the future of one’s children, possessions, and other remnants of human ability often occupy one’s mind and can sometimes lead to distress. Such concerns may even induce nihilism or a sense of futility. However, Islam has addressed these options and provided legal solutions through the provisions of “Will” (Wasiyyah) and “Inheritance” (Mirath) to offer psychological security to individuals. Through these legal provisions, a person is relieved of the burden of worry about what will happen after their death. They are able to ensure their legacy continues according to their desires and the best interest of their family members, while also offering love and kindness to their loved ones.

Types of Will

1. The Will of Command: This is when someone instructs that certain actions be taken after their death, such as burial arrangements or other rites, which is known as a “will of command” (Wasiyyah ‘Amr). This could involve directing that after their death, some of their wealth be owned by someone else or used for good causes, which is referred to as a “dispositional will” (Wasiyyah Tamlikī), or appointing a guardian for their children or those they have authority over.
2. The Executor: The individual to whom the will is addressed is known as the “executor” (Wasi).
3. Guardianship: If the father or paternal grandfather, who has guardianship over the children, is alive, they may designate another individual to take on the guardianship of their children. This could include further designating that this second individual appoint a third guardian after their death. However, the mother does not have this right, as the guardian is a lawful guardian according to Islamic law.

How a Will Is Made

1. Form of Communication: A person wishing to make a will can express their intentions either verbally or in writing. If they are unable to speak or write, they may use a gesture to communicate their intentions. It is also acceptable for someone who can speak to use a gesture or writing as long as the meaning is clear.
2. Legal Documentation: In addition to the will, all legal transactions may be conducted in writing and by signing, in the manner currently practiced where documents are signed in full. This applies even in marriage and divorce, where written documentation with intent is considered sufficient.
3. Executor’s Signatures: If a document is found with the deceased’s signature or seal, and it is understood to express their intentions, actions must be taken accordingly, provided it is evident that the document is indeed a will. However, if it is clear that the document was not meant to be a will, actions should be taken in line with that.

Conditions of a Will

1. Prohibition of Sinful Expenditure: A will that involves spending wealth on sinful acts is not permissible. Consequently, a will that involves aiding an oppressor in oppression or a corrupt individual in their corruption is void, provided these are the only specified actions. However, if the will is intended for good causes, it is valid, even if the item involved may be shared between lawful and unlawful use.
2. Appropriate Assets: The assets mentioned in a will must be capable of lawful ownership. Thus, a will involving prohibited substances such as alcohol is invalid unless the intent is for a permissible purpose, such as converting wine into vinegar.
3. Ownership and Use of Property: One can bequeath the use of a home temporarily or permanently, or the right to use the fruits of a tree, including the fruits available at the time of the will, unless there is evidence that the will does not cover these.
4. Mental and Legal Capacity: A person making a will must be of sound mind and legal age, and the will must be made of their own free will. However, a child capable of distinguishing right from wrong may make a valid will if it concerns good deeds.
5. Valid Wills of Insolvent Individuals: A bankrupt person may make a will as long as it does not interfere with the rights of their creditors.

Acceptance of Dispositional Wills

1. Acceptance Requirement: In a dispositional will, the recipient must accept the bequest. If the recipient of the bequest refuses it, the will does not take effect.

Return from a Will

1. Revocation or Amendment: If the person who made the will revokes or changes it, such as initially bequeathing one-third of their wealth to someone and later deciding otherwise, the first will becomes invalid. Similarly, if a guardian is appointed for their children and the person later changes their mind, the new will must be followed.
2. Gifts During Illness: If someone gifts part of their wealth during an illness and later makes a will to bequeath a different part of their property, the gift made during life is considered separate, and the will is only valid up to one-third of the estate unless the heirs consent to a greater amount.
3. Will for an Unborn Child: A will can be made for an unborn child, as long as the child is alive at the time of the person’s death. If the child is born dead, the will is void, and the inheritance will be divided among the heirs.

Executor’s Responsibility

1. Trustworthiness of the Executor: The executor must be a trustworthy, adult, and rational Muslim. If the executor betrays this trust, their role as executor becomes void, and they lose the right to act on behalf of the deceased.
2. Appointing Multiple Executors: If multiple executors are appointed, they must act together unless specified otherwise. If one of them dies or becomes incapable, the remaining executors must carry out the responsibilities.

Final Provisions

The provisions surrounding wills address several important aspects: the legal capacity of the testator, the permissible use of wealth, the rights and responsibilities of the executor, and the various scenarios in which the will may be altered or revoked. Understanding these legal frameworks helps ensure that the intentions of the deceased are respected and that the distribution of assets is done according to Islamic principles.

Loss of the Bequeathed Item

Article ( ) Whenever all or part of the deceased’s property is lost while in the custody of the executor, provided that there has been no negligence or misconduct on their part, they are not liable. However, if there has been negligence or misconduct, for example, if the deceased had bequeathed a specific amount to the poor in the same city, but the executor took the property to another city and it was lost along the way, the executor is liable. If the property is not lost on the way but is distributed among the poor in a city other than the one specified in the will, the executor is also liable.

Necessary Expenses

Article ( ) Necessary expenses such as the obligatory pilgrimage (Hajj), debts, and rights such as Khums, Zakat, and Damages, which must be paid, should be covered from the deceased’s assets, even if the deceased did not explicitly bequeath them. However, if the deceased specifically bequeathed that a certain amount be paid from designated assets, it must be paid from that specific property. If the deceased bequeathed the payment of an expiation, vow, or a prescribed pilgrimage (Hajj) from a third of the estate, this shall be done from one-third of the estate.

Article ( ) If the estate exceeds the necessary debts, the obligatory pilgrimage (Hajj), and rights like Khums, Zakat, and Damages, and the deceased bequeathed that a portion of one-third or all of the one-third be allocated to a particular cause, the executor must act according to the bequest. If no such bequest exists, the remaining assets belong to the heirs.

Non-binding Will in Excess of One-Third of the Estate

Article ( ) If the bequest exceeds one-third of the deceased’s assets, it is valid only if the heirs permit it, either through their words or actions. Merely presuming prior consent is not sufficient; the heirs must explicitly agree, and if they agree even after the deceased’s death, it remains valid. If some heirs consent and others do not, the bequest will only be valid for those who consent.

Article ( ) A person cannot bequeath more than one-third of their estate unless the heirs consent, whether this consent occurs before or after their death. Once the heirs consent, they cannot revoke their consent.

Article ( ) The one-third of the estate that can be bequeathed refers to one-third of the estate at the time of the testator’s death. Therefore, if the estate has decreased, reducing the one-third available at the time of death compared to what was available at the time of the will, the bequest is valid only for the one-third available at the time of death.

Article ( ) If the deceased bequeaths one-third of their estate without specifying the intended recipients, the amount should be spent on good and noble causes.

Unspecified Bequest

Article ( ) If the deceased bequeaths property to a specific group, such as students of a specific school, it must be divided equally among them. However, if the group is unspecified, for instance, the deceased bequeaths property to students without specifying the group, the executor may use the property for some of them, even if they do not constitute a complete group of three.

Article ( ) If the deceased bequeaths property to an individual but does not specify how it should be spent, and the recipient agrees, they become the owner of the property. However, if the deceased specifies how it should be spent, the recipient is liable if they deviate from this specification.

Execution of the Bequest

Article ( ) If the deceased bequeaths the payment of Khums, Zakat, or other debts from one-third of their estate and requests the hiring of someone to perform actions such as fasting, prayers, or charitable acts like providing food to the poor, the executor must first fulfill the obligatory duties, whether they are financial or physical actions. If the bequest was given in a specific order, the executor must follow this order. If the estate is sufficient to cover the entire bequest, it should be carried out. If it is insufficient, the remaining bequest that involves financial obligations must be covered from the principal estate, while any remaining physical obligations may not take precedence. If the bequest is unordered, obligatory actions should still take priority over voluntary actions. Among the obligatory duties, there is no required sequence, but one-third of the estate should be distributed among all financial and physical obligations.

Article ( ) If the deceased made multiple bequests for different purposes and one-third of the estate is insufficient to cover them all, the executor must prioritize according to the order specified in the will until one-third is exhausted. If there is a remaining bequest, it is left unfulfilled unless the heirs consent. If the bequest includes obligatory actions, such as Hajj, Khums, Zakat, and Damages, these should be paid from the principal estate, with the remaining funds used for the other bequests from the one-third.

Article ( ) If the deceased bequeaths that their debts be paid, and also requests hiring someone to perform actions like fasting, prayers, or voluntary acts, and has not specified that these actions should be covered from one-third of the estate, the debts should be paid from the principal estate. If the one-third exceeds the debts, the remainder should be allocated to the voluntary acts as specified by the deceased. If the one-third is insufficient and the heirs consent, the bequest should be fulfilled. If the heirs do not consent, the payment for the obligatory actions, such as prayers and fasting, should be covered from the one-third, and only if anything remains will the voluntary acts be carried out.

Claims Regarding the Bequest

Article ( ) If someone claims that the deceased bequeathed a certain amount to them, the claim must be substantiated by the testimony of two trustworthy men, or one man and one woman, or four women. If this is the case, the amount should be given to the claimant.

Article ( ) If no trustworthy man is available at the time of the bequest, and only one trustworthy woman gives testimony, the claim is not established. However, if two non-Muslim men (who are known for their honesty and integrity) testify, and there were no trustworthy witnesses at the time of the bequest, the claim should be accepted, and the requested amount must be given.

Death of the Person for Whom the Bequest Was Made

Article ( ) If a bequest is made to a person, and that person dies before they have had the opportunity to accept or reject it, the heirs of the bequeathed individual may accept it as long as the testator has not revoked the bequest. If the testator revokes the bequest, the heirs have no claim to it. If the person dies after accepting the bequest, the bequeathed property will belong to their heirs without requiring the acceptance of the testator’s heirs, unless the testator had revoked the bequest.

Article ( ) It is recommended that one makes a bequest for their relatives and close family members, even if they are not inheritors. It is discouraged to make no bequest for close relatives from whom one does not inherit.

Income

The primary goal of the Islamic economic system is to ensure social justice. Among the key strategies for promoting social justice is the establishment of economic balance, the prevention of wealth concentration, and the encouragement of individuals not to ignore the results of their own efforts. The laws regarding inheritance, and the promotion of acts such as endowment (waqf) and gifts (hiba), play a significant role in achieving this goal.

The inheritance system, which has a rational and social structure, facilitates the redistribution of wealth among the deceased’s relatives, creating economic balance among them and providing the foundation for social justice.

This also nurtures hope for the future, promotes efforts for tomorrow, and strengthens the spirit of cooperation, charity, and kindness towards relatives, keeping the individual away from despair regarding their own efforts.

Second Category of Inheritance

The second category of those who inherit through kinship and bloodline includes the paternal grandfather, maternal grandfather, brothers, and sisters of the deceased. If the deceased does not have any brothers or sisters, their children inherit the estate.

This group — the second category — inherits only if no one from the first category exists.

If the deceased’s heirs are a single brother or a single sister, the entire estate goes to that individual. If the deceased has several full brothers or sisters, the estate is divided equally among them. For example, if the estate of the deceased is worth 400 million rials and there are five brothers, each brother will receive 80 million rials:

• Share of each brother: 80 million rials = 400 million rials ÷ 5

If the deceased has full brothers and sisters, each brother receives twice the share of each sister. For example, if there are two full brothers and one full sister, and the value of the estate is 50 million rials, the estate is divided into five parts. Each brother receives two parts, and the sister receives one part:

• Value of one share: 10 million rials = 50 million rials ÷ 5
• Share of one sister: 10 million rials
• Share of each brother: 20 million rials = 2 × 10 million rials

If the deceased has both full brothers and sisters, the paternal brothers and sisters, who are separate from the deceased’s mother, do not inherit.

If the deceased has no full brothers or sisters but has a single paternal brother or paternal sister, the entire estate goes to that person.

If the deceased has several paternal brothers or sisters, the estate is divided equally among them:

• Value of the estate: 300 million rials
• Number of paternal brothers or sisters: 5
• Share of each paternal brother or sister: 60 million rials = 300 million rials ÷ 5

If the deceased has both paternal brothers and sisters, each brother receives twice the share of each sister:

• Value of the estate = 80 million rials
• Number of paternal brothers: 2
• Number of paternal sisters: 4
• Value of one share: 10 million rials = 80 million rials ÷ 8
• Share of each paternal sister: 10 million rials
• Share of each paternal brother: 20 million rials = 2 × 10 million rials

If the deceased’s heir is only a maternal brother or sister, all the estate goes to them.

If the deceased has several maternal brothers or sisters, or both maternal brothers and sisters, the estate is divided equally among them.

If the deceased has both full and paternal brothers and sisters and one maternal brother or sister, the paternal brothers and sisters do not inherit. The estate is divided into six parts: one part goes to the maternal brother or sister, and the remainder is divided among the full paternal brothers and sisters, with each brother receiving twice the share of each sister:

• Value of one share: 30 million rials = 180 million rials ÷ 6
• Share of the maternal brother or sister: 30 million rials
• Total share for the full brothers and sisters: 150 million rials = 180 million rials – 30 million rials
• Value of one share for the full brothers and sisters: 50 million rials = 150 million rials ÷ 3
• Share of each sister: 50 million rials
• Share of each brother: 100 million rials = 2 × 50 million rials

If the deceased has more than one maternal brother or sister, their estate (for example, worth 150 million rials) is divided into three parts: one part is equally divided among the maternal brothers and sisters, and two parts go to the full paternal brothers and sisters, with each brother receiving twice the share of each sister:

• Value of one share: 50 million rials = 150 million rials ÷ 3
• Total share for the full paternal brothers and sisters: 100 million rials = 150 million rials – 50 million rials

For instance, if the deceased has one sister and two full paternal brothers:

• Value of one share: 20 million rials = 100 million rials ÷ 5
• Share of the full paternal sister: 20 million rials
• Share of the full paternal brothers: 80 million rials = 100 million rials – 20 million rials
• Share of each full paternal brother: 40 million rials = 80 million rials ÷ 2

If the deceased’s heirs are only paternal brothers or sisters and a single maternal brother or sister, the estate is divided into six parts: one part goes to the maternal brother or sister, and the remainder is divided among the paternal brothers and sisters, with each brother receiving twice the share of each sister:

• Value of the estate = 420 million rials
• Value of one share: 70 million rials = 420 million rials ÷ 6
• Share of the maternal brother or sister: 70 million rials
• Total share for the paternal brothers and sisters: 350 million rials = 420 million rials – 70 million rials
• For instance, if the deceased has one paternal brother and three paternal sisters, the total share is divided into five parts:
• Value of one share: 70 million rials = 350 million rials ÷ 5
• Share of each paternal sister: 70 million rials
• Share of the paternal brother: 140 million rials = 2 × 70 million rials

If the deceased’s heir is only a paternal brother or sister and two or more maternal brothers or sisters, the estate (for example, worth 90 million rials) is divided into three parts: one part goes to the maternal brothers and sisters, and the remaining part is given to the paternal brothers and sisters, with each brother receiving twice the share of each sister:

• Value of the estate: 90 million rials
• Value of one share: 30 million rials = 90 million rials ÷ 3
• Total share for the maternal brothers and sisters: 30 million rials
• Total share for the paternal brothers and sisters: 60 million rials = 90 million rials – 30 million rials
• Share of each paternal sister: 20 million rials = 60 million rials ÷ 3
• Share of each paternal brother: 40 million rials = 60 million rials ÷ 3

If the deceased’s heirs are only a brother or sister and their spouse, the spouse inherits one-fourth of the estate, and the brother or sister inherits as explained in previous scenarios. For example, if the deceased has a wife and one sister and the estate is worth 200 million rials, the distribution will be as follows:

• Value of one share: 50 million rials = 200 million rials ÷ 4
• Share of the wife: 50 million rials
• Share of the sister: 150 million rials = 200 million rials – 50 million rials

If a woman passes away, and her only heirs are her sister, brother, and husband, and the estate is worth 100 million rials, the husband receives half of the estate, and the sister and brother inherit as described in earlier examples:

• Husband’s share: 50 million rials = 100 million rials ÷ 2
• Total share for the brother and sister: 50 million rials = 100 million rials – 50 million rials
• If, for instance, there are three sisters and one brother, the brother receives two shares and each sister receives one share:
• Share of each sister: 10 million rials = 50 million rials ÷ 5
• Share of the brother: 20 million rials = 2 × 10 million rials

When a woman or man inherits from a spouse, the inheritance from maternal siblings is unaffected, but the inheritance from paternal siblings or parents is reduced.

If the deceased’s heirs include a husband, paternal siblings, maternal siblings, and grandparents, half of the estate goes to the husband, and one part of the three parts of the estate goes to the maternal siblings. The remainder is inherited by the paternal siblings. If the estate is worth 18 million rials, the distribution is as follows:

• Husband’s share: 9 million rials = 18 million rials ÷ 2
• Total share for the maternal siblings: 6 million rials = 18 million rials ÷ 3
• Remaining for the paternal siblings: 3 million rials = 18 million rials – 9 million rials – 6 million rials

If the deceased has no siblings, the inheritance will be passed on to the children of those siblings. The inheritance for nephews and nieces is divided equally among them, with each son of a brother inheriting twice as much as a daughter.

Section Seven – Inheritance of Grandparents and Siblings

Seventh – If the grandparents (paternal or maternal) of the deceased, or both, are both paternal and maternal relatives and also the deceased’s paternal brother or sister, whether one or more, then one-third of the inheritance will belong to the maternal grandparent(s). If there are multiple grandparents, this amount will be divided equally among them, regardless of their gender. The remaining two-thirds will go to the paternal grandparents or paternal siblings. If there is a gender difference, men will inherit twice as much as women. If there is no gender difference, the inheritance will be equally divided among them.

(M) If the deceased’s grandparents (ancestors) or maternal grandparents (grandmothers) are both paternal and maternal, and the deceased also has maternal siblings, one-third of the inheritance is allocated to the maternal grandparent(s) and maternal siblings. This portion is equally divided among them, regardless of gender. The remaining two-thirds will go to the paternal grandparent(s), with the paternal grandfather inheriting twice as much as the paternal grandmother.

Eighth – If the siblings are partly paternal and partly maternal, and there is a paternal grandparent, then if one of the paternal grandparents exists, one-sixth of the estate will belong to them. If there are multiple paternal grandparents, one-third of the estate will be divided equally among them. In cases where the brothers or sisters are either both paternal or maternal, the remaining estate is divided equally among them. If there is a gender difference, men inherit twice as much as women.

(M) If the deceased’s maternal sibling(s) share inheritance with paternal grandparents, one-third will go to the maternal grandparent(s) and siblings, divided equally, while the remaining two-thirds will go to the paternal sibling(s), with the male inheriting double the female.

(M) If the deceased has brothers or sisters, nieces or nephews do not inherit, unless there is no conflict of inheritance. For example, if the deceased’s paternal brother has a maternal grandmother, the maternal grandparent receives one-third of the inheritance, and the deceased’s son, the nephew of the deceased, inherits along with the maternal grandparent.

Inheritance Category Three

(M) The third category consists of uncles, aunts, maternal and paternal uncles, and their children, who inherit if there are no heirs from the first and second categories.

(M) If the deceased has only one uncle or one aunt, whether paternal or maternal, all the estate goes to them.

(M) If the deceased has several uncles or several aunts, and all are either paternal or maternal, the estate is divided equally among them.

(M) If the deceased’s heirs include both an uncle and an aunt, the uncle will inherit twice as much as the aunt.

(M) If the deceased has two uncles and one aunt, the estate is divided into five parts: one part is allocated to the aunt, and the uncles divide the remaining four parts equally among themselves.

(M) If the deceased has several maternal uncles or aunts, the estate will be equally divided among them.

(M) If the deceased has several paternal uncles and aunts, the inheritance should be allocated in such a way that the uncle inherits twice as much as the aunt.

(M) If the deceased has paternal uncles and aunts, as well as maternal uncles or aunts, the paternal uncles and aunts do not inherit.

(M) If the deceased has both paternal and maternal uncles and aunts, and one or more maternal uncles or aunts, the inheritance is divided into six parts: one part goes to the maternal uncle or aunt, and the remainder is allocated to the paternal uncles and aunts. If there are no paternal uncles or aunts, the remaining estate is divided among the maternal uncles and aunts. The paternal uncle inherits twice as much as the paternal aunt.

Inheritance of Uncles, Aunts, Maternal Uncles, and Other Relatives

(M) If the deceased has only one maternal uncle or one maternal aunt, all the estate belongs to them.

(M) If the deceased has several maternal uncles or aunts, the estate is divided equally among them.

(M) If the deceased has both an uncle and an aunt, the uncle inherits twice as much as the aunt.

(M) If the deceased has multiple maternal uncles or aunts, the estate is divided equally among them.

(M) If there is an inheritance dispute between the paternal and maternal relatives of the deceased, the paternal uncle or aunt does not inherit from the paternal side. The inheritance is given to the maternal uncles or aunts in equal parts.

(M) If the deceased has both paternal and maternal uncles and aunts, with a specific division, the division will depend on the specific categories outlined above.

Inheritance of Spouse

(M) A husband and wife in a permanent marriage inherit from each other, and the existence of other relatives does not prevent their inheritance.

(M) If the wife dies without children, the husband inherits half of the estate, and the other half goes to the remaining heirs.

(M) If the wife dies without children, and her husband is the only heir, the husband will inherit the entire estate.

(M) If the husband has children from another marriage, his wife will inherit one-eighth of his estate, while the remaining portion is inherited by others.

(M) If the wife dies without children, and there are no other heirs, all of her estate will go to her husband.

(M) If the husband wishes to sell the estate without the wife’s consent, such as selling land or a house, he must have her permission. If the estate is sold without her consent, the sale is invalid.

Inheritance of Personal Items

M ( ) Whenever a man passes away, the Qur’an, ring, sword, or any other weapon commonly used by men, and the clothes he wore or kept for wearing, even if he has not worn them yet but intended to, belong to the eldest son. This applies even if the eldest child is a daughter. Furthermore, the eldest son is obligated to perform any missed prayers and fasts of his father.

However, the rule that the mentioned assets belong to the eldest son applies only if the deceased has other possessions.

M ( ) If the deceased has more than one of these four items, for instance, two Qur’ans or rings, and they were used or intended for use by him, they belong to the eldest son.

M ( ) If there are multiple eldest sons, for example, if the deceased had two wives who gave birth to sons at the same time, the deceased’s clothing, Qur’an, ring, and weapons should be equally divided among them. This rule applies specifically to the eldest son, even if the deceased has older daughters.

M ( ) If the deceased has debts and those debts equal or exceed his wealth, the four items—Qur’an, ring, weapon, and clothing—that belong to the eldest son should be used to pay off the debts or the eldest son must pay for them. For example, if the deceased’s total assets amount to six million Tomans, of which two million belong to the eldest son’s items, and the deceased has a debt of five million, the eldest son must contribute one million Tomans from those four items to pay off the debt.

If the deceased’s assets are greater, such that the debt can be paid from them while leaving a noticeable portion for the heirs, the four items should be given to the eldest son.

Other Inheritance Issues

M ( ) A Muslim inherits from a non-Muslim, but a non-Muslim does not inherit from a Muslim, even if the non-Muslim is the father or son of the deceased.

M ( ) If a Muslim deceased has a son who is a non-Muslim, and that son has a Muslim child, the Muslim grandchild inherits from the grandfather.

M ( ) If the Muslim deceased has a non-Muslim son, but his uncle or brother is a Muslim, the inheritance goes to the uncle or brother, and if both are non-Muslims, the Muslim sons of the uncle or brother inherit.

M ( ) A relative who converts to Islam before the inheritance is divided is treated as if they had been a Muslim before the death of the deceased. Accordingly, if they convert before the inheritance is divided, their entitlement to inheritance is the same as the other heirs. If their rank precedes others, they inherit the entire estate, whether the deceased was a Muslim or a non-Muslim, as in the case of an heir who is the only child, spouse, father, or mother of the deceased.

M ( ) If a non-Muslim converts to Islam after a portion of the estate has been distributed, they inherit from the remaining assets but not from the portion already distributed.

M ( ) All Islamic sects that are considered Muslim, whether correct or incorrect, inherit from one another.

M ( ) The extremist sects, Khawarij, Nawasib, and those who deny fundamental Islamic principles are considered non-Muslim and do not inherit from Muslims, although Muslims inherit from them as they would from any non-Muslim.

M ( ) Neither the adulterer nor their relatives inherit from a child born out of wedlock, but the children of such a child, and the spouse of the adulterer, do inherit from them.

M ( ) If someone intentionally and unjustly kills a relative from whom they would inherit, they forfeit their right to inheritance. However, if the killing is justified, such as through retaliation, execution of a penalty, or self-defense, they still inherit.

M ( ) If the killing is accidental, such as when a bullet shot into the air strikes a relative and kills them, the killer inherits from the deceased’s estate but not from any compensation (diya).

M ( ) In cases of semi-intentional killing, where the act itself would not typically result in death but was done with the intention of harm, inheritance is still granted.

M ( ) When dividing the inheritance, if the deceased has a child in the womb and other heirs such as children, parents, or siblings, if the child is born alive, they inherit. If it is suspected that there are twins in the womb, the share for two sons should be set aside. It is important that the shares of those who always inherit, such as the minimum share for a wife, are calculated from the outset. The shares of the parents must also be included. For instance, if the heirs of the deceased are the father, mother, wife, and one son and one daughter, and the wife is pregnant with a child who may be a son and a daughter, the inheritance of 720 million rials will be divided as follows:

• Value of one share for the father and mother: 120M = 6 .. 720M
• Share for the father: 120M
• Share for the mother: 120M
• Share for the wife if the husband has children: 90M = 8 .. 72M
• Total share for the father, mother, and wife: 330M = 90M + 120M + 120M
• Total remaining share: 390M = 330 – 720M
• Value of one share of the remaining estate: 65M = 6 .. 390M
• Share for a daughter: 65M
• Share for the unborn daughter: 650M
• Share for a son: 130M = 2 × 65
• Share for the unborn son: 130M

M ( ) If it is suspected that the number of children is more, for instance, if it is thought that the wife is carrying three children, the share for three sons should be set aside. If, for instance, only one son or one daughter is born, the excess share set aside will be divided among the heirs.

M ( ) If there are no other heirs in the class of the child in the womb, the entire estate passes to that child, and if not, it is divided among the heirs of other classes.

M ( ) To set aside the share for the child, it is sufficient that the child is in the womb at the time of death, and the soul has not yet been breathed into the child. However, it is necessary for the child to be born alive. Thus, if the child is born alive and dies within the hour, they still inherit, and others also inherit from them.

M ( ) A missing person whose status is uncertain, and who has heirs, will have their estate set aside for up to four years. After that, the estate will be divided among the heirs. If, after this period, it is confirmed that the person is alive, the estate division is void, and all the property returns to the individual.

M ( ) If several people, who are heirs to each other, are buried under rubble and it is unclear who died first, they will inherit from one another. However, if it is determined which one died first, only the one who died later will inherit.

Income

A golden leaf that is added to the chapters of a person’s life, the beginning of a new era in human existence, and the opening of a new chapter that makes the world accessible for the person, is death. Death is a rebirth, a dynamic transition, and an eternal life that removes humanity from nihilism and transforms the worldly effects and results of the corporeal world into the afterlife and its endless direction.

Though death separates the body from the soul, the soul, with its natural constitution, opens a world for itself that is the “intermediate world” and the “afterlife.”

The relationship between the world and the afterlife becomes evident in the intermediate state, engaging human life in novelties that are neither of this world nor the next but are both at once. The person is neither in the world nor out of it, neither alive nor dead, lacking will but attentive, motionless yet dynamic, fallen but in progress. Hence, Islam, alongside its lofty intellectual concepts, considers the dead as alive and equates the sanctity of a believer’s life and death, such that in various matters, like retribution, sanctity, hygiene, and others, the rulings of life are upheld, and the sanctity of the dead is respected just like that of the living. All aspects of human existence, faith, rights, limits, hygiene, and cleanliness are reflected therein. The only difference is that the implementation of these laws falls upon the living, and all mandatory or optional duties are the responsibility of close relatives, whether family, acquaintances, or strangers. In this regard, some of these rulings are provided here.

If a woman cannot find another woman to perform her washing (ghusl), men who are related to her through kinship, either by marriage or suckling, and who are her mahrams (permitted to be in her presence), after obtaining permission from the deceased’s male guardians, especially her husband, may wash her body while ensuring the covering of her private parts. It is preferable, however, that this is done over her clothing or similarly protective covering.

If both the deceased and the one performing the washing are either both men or both women, it is permissible for the deceased to be uncovered, except for the private parts.

It is forbidden to look at the private parts of the deceased, except by the spouse. Anyone who performs the washing and gazes at these parts has committed a sin, though the washing itself is not invalidated.

If any part of the deceased’s body is impure, it must be cleaned before washing. The entire body must be free from any impurity before the washing, and if it becomes purified through the water used for the washing, then the washing is valid.

The washing of the deceased is similar to the ghusl of ritual impurity (janabah). The deceased should not be given a ritual immersion (ghusl) unless the sequential order of washing is possible. In a sequential washing, the head and neck are washed first, followed by the right side of the body, and then the left side. Alternatively, each of the three body sections may be immersed in water in the proper order, though it is better to pour the water over them.

If the deceased was in a state of menstruation or ritual impurity (janabah) at the time of death, it is not necessary to give the deceased a separate ghusl for menstruation or janabah. However, it is recommended to intend to purify the deceased from both janabah and menstruation when performing the washing.

It is permissible to accept payment for washing the deceased, and if someone performs this act for a fee while maintaining the intention of devotion (niyyah), the washing remains valid. However, it is preferable if such compensation is provided from the public treasury (bayt al-mal).

If water is unavailable or its use is hindered, ghusl for the deceased is not permissible. Instead, the deceased should be given one instance of tayammum (dry ablution), and no further tayammum is required for the remaining washes.

If water is not found or its use is impossible, the deceased must be given three instances of tayammum. However, if the water is specifically required for one of the washes, such as water mixed with sidr or camphor, it should be used for that particular wash, and for the remaining two, tayammum should be performed, following the order of washing for the deceased.

If the water is insufficient for a full wash, such as when only water mixed with sidr or camphor is available, a portion of this water should be used for the first wash, followed by two instances of tayammum for the remaining washes.

If water cannot be found or the deceased’s body cannot be washed, or if any other hindrance prevents the washing, tayammum must be performed in place of each wash. For tayammum, the person performing it should face the deceased, touch the earth with their hands, and then wipe the face and palms of the deceased.

If water becomes available after the deceased has already been given tayammum, and there is no fear of delaying the burial, the deceased should be washed, embalmed, and shrouded. If the prayer was already performed, it should be repeated.

A person who performs tayammum for the deceased may, if possible, touch the deceased’s hands to the earth and wipe the face and palms. If this is not possible, tayammum may be done using the hands of another person. Performing both actions simultaneously is not required.

The deceased must be shrouded with three pieces of cloth: a loincloth (lenga), a shirt (qamis), and a full-body shroud (kafan).

The loincloth should cover the body from the navel to the knees, though it is preferable for it to cover from the chest to the feet. The shirt should cover from the shoulders to the mid-calf, ideally reaching the feet. The full-body shroud should be large enough to cover the entire body, and ideally, it should be long enough that both ends can be tied together.

If the three pieces of cloth (loincloth, shirt, and full-body shroud) are not available for the shrouding of the deceased, it suffices to use whatever cloth is available, even if it does not fulfill the exact specifications. If no cloth is available except for one sufficient to cover the private parts, this is sufficient.

The minimum necessary size for the loincloth (from the navel to the knees) and the shirt (from the shoulders to the mid-calf) is what is required for the shroud, and any excess is considered preferable. However, the essential portion of the shroud is that which is adequate to cover the deceased’s body.

If the heirs are adult and consent, it is permissible to use more than the required amount of cloth for the shroud from their portion of the inheritance.

More than the required amount cannot be taken from the inheritance of an heir who is a minor, insane, or incapable of managing their own affairs, unless the consent of adult heirs is obtained. The required portion for the shroud is taken from the deceased’s estate, and if the deceased has no minor or incapacitated heirs, additional fabric may be taken for the preferred portion of the shroud, provided that the customary norms are followed.

If the deceased has made a will, it is permissible to take the cost of the shroud from one-third of their estate, even if they have minor or incapacitated heirs.

If the deceased has made a will that specifies the amount for the preferred portion of the shroud or indicates that it should be taken from one-third of their estate, even if the specific amount is not mentioned, it is permissible to take the amount from the one-third portion.

If the deceased has not made a will regarding the shroud, and if there are no minor or incapacitated heirs, the shroud and other necessary burial expenses can be taken from the estate, as long as it is in accordance with the deceased’s dignity.

If the deceased has no estate, all necessary expenses for the shroud and burial should be paid from the public treasury.

It is the responsibility of the husband to provide the shroud for his wife, even if she has her own funds. If the husband has no assets, the wife’s estate should be used to cover the cost.

If a woman who has been divorced in a revocable manner dies before her waiting period (iddah) ends, the husband must provide for her shroud.

If the husband is incapable of managing his own affairs due to being a minor, insane, or foolish, and the shroud is to be paid from his estate, it is the responsibility of his guardian to cover the cost.

The cost of the shroud is not the responsibility of the deceased’s relatives, even if they were responsible for the deceased’s living expenses.

If the deceased has no estate, it is recommended that the person responsible for the deceased’s burial expenses also provides the shroud as an act of charity.

If the deceased has no assets for a shroud, it is not permissible to bury them without a shroud. It is the duty of the Muslims and the Islamic government to provide a shroud, and the cost may be taken from the zakat fund.

The three pieces of the shroud should not be so thin that the body of the deceased is visible beneath them, but it suffices if the cloths, when combined, cover the body adequately.

It is not permissible to use a stolen item or the skin of a dead animal for the shroud, even if no other material is available. If the shroud is stolen and the owner does not consent, it must be returned, even if the deceased has already been buried, unless it is impossible to do so or it would cause disrespect to the deceased.

It is not permissible to shroud the deceased in a material that is impure or made from pure silk, though it is permissible in cases of necessity.

Using the skin of a prohibited animal or an animal whose meat is haram (forbidden) is not permissible in the shroud, unless the skin is processed in such a way that it is considered clothing.

In normal circumstances, it is not permissible to use the skin of an animal that is halal (permissible) but has not been slaughtered according to Islamic law.

If the shroud becomes impure due to the deceased’s impurity or any other impurity, the impure part must be washed, even if the body is already in the grave. If removing the deceased from the grave is disrespectful, and if the shroud is not damaged, the impure part should be cut off. If washing or cutting is impossible, it may be replaced if feasible.

If the shroud becomes impure after part of the grave soil has been placed on it, and removing the deceased would constitute an act of disrespect, it is not permissible to open the grave.

A person who has made the pilgrimage (Hajj) or is in the state of Ihram should be shrouded like anyone else, and covering the head and face is permissible.

( ) It is obligatory to bury the deceased in such a manner that their smell does not emanate and wild animals cannot remove their body.

( ) If the typical depth of the grave is such that one might fear an animal could remove the body, the grave must be deepened or reinforced with materials like bricks to ensure the body remains secure.

( ) If burial of the deceased is not possible, they may be placed in a building or coffin, with the sides sealed in a way that protects the body from wild animals and prevents the emission of any odour.

( ) The deceased should be laid on their right side in the grave, facing the qiblah, contrary to the position during the state of death, where the soles of the feet face the qiblah.

( ) If someone dies on a ship, and if their body does not decompose and there is no obstacle to keeping them on board, they should wait until they reach dry land to bury them. Otherwise, they should be washed, anointed, and shrouded, and after the funeral prayer, a heavy object should be attached to their feet before throwing them into the sea or placing them in a sealed jar and casting it into the sea. If possible, the body should be thrown into a location where it is unlikely to be consumed by animals.

( ) If there is fear that an enemy might break open the grave and remove the deceased’s body, cutting off ears, noses, or other parts, and if possible, they should be thrown into the sea in the same manner as described above.

The cost of throwing the deceased into the sea or securing their grave may, if necessary, be deducted from the deceased’s estate.

( ) If a woman who is a non-Muslim dies, and there is a deceased child in her womb or if the soul has not yet been breathed into the fetus, and the father of the child is Muslim, the woman should be buried on her left side, with her back facing the qiblah, so that the child faces the qiblah.

( ) It is not permissible to bury a Muslim in a non-Muslim cemetery, or a non-Muslim in a Muslim cemetery.

( ) It is forbidden to bury a Muslim in a place where there is disrespect, such as in a dump or a place where refuse is discarded.

( ) One must not bury the deceased in an unlawfully seized land, nor in a place that is designated for purposes other than burial, such as in a school, or in a mosque, if it harms the Muslims’ use or obstructs their prayers or is otherwise inappropriate. It is especially recommended that no one be buried in a mosque.

( ) Burying a body in a grave of another deceased, in such a way that it causes the previous grave to split and expose the earlier deceased’s body, is not permissible unless sufficient time has passed and the grave and body have decomposed to an extent that it is no longer a concern.

( ) The land of the grave must be either permissible or a public waqf. If a body is buried in unlawfully seized land or in a special waqf land, and the owner agrees or all waqf beneficiaries consent, it is permissible.

( ) Anything that separates from the deceased’s body, such as hair, nails, or teeth, must be buried with them. If such items are found after the burial, even if they are hair, nails, or teeth, they should be buried elsewhere.

( ) If someone dies in a well, and retrieving their body is not possible, the well should be filled to the same level that encompasses the body. If this is not possible, the well’s opening should be sealed, and the well should serve as the grave. A funeral prayer should be performed, and if the well belongs to someone else, it is necessary to secure their consent, even if it involves paying for the well.

( ) If a child dies in the mother’s womb, and keeping the fetus in the womb is dangerous for the mother, the fetus must be removed by the easiest method possible. If it is necessary to dismember the fetus, there is no harm, but if the removal requires looking at or touching the mother’s private parts or body, it should, if possible, be done by a female doctor. If unavoidable, a male doctor may attend, though Islamic communities should strive to alleviate the shortage of female doctors and prevent women from being deprived of learning medical knowledge.

( ) If the mother dies and the child in her womb is alive, even if there is little hope for the child’s survival, the child should be rescued immediately by a doctor, using the easiest possible method, even if the doctor is a non-mahram. In all cases, it is essential to avoid the involvement of unqualified or inexperienced individuals.

Sixth – In order to address a more important matter than opening the grave, such as when there is a need to remove a living child from the womb of a deceased pregnant woman, if there is a possibility that the child is still alive, as it is possible for the child to remain alive for a short time after the mother’s death.

Seventh – If there is fear that a wild animal might tear apart the body of the deceased, or that a flood might carry it away, or that an enemy might remove it.

Eighth – If there is a need to bury a part of the deceased’s body that was not originally buried with them, and to place it next to the original burial site. In this case, it should be done in a manner that the body of the deceased remains concealed.

Ninth – If the deceased has left a will requesting to be taken to the sacred shrines, as long as doing so does not lead to dishonour, disintegration of the body, or harm to anyone. The same applies if the deceased did not leave such a request but the wish is to bring them to the sacred shrines.

M ( ) If the deceased was buried elsewhere, either intentionally or due to forgetfulness, it is permissible to open the grave and transport the body to the sacred shrines.

Those Exempt from Ghusl and Kafan

Two categories of people are exempt from ghusl (ritual washing) and kafan (shrouding): martyrs and those who have been executed as a result of qisas (retribution).

Martyr (Shaheed)

M ( ) Martyrs who are killed on the battlefield in the cause of Allah, either male or female, adult or child, and who defend against the enemies of Islam, do not require ghusl or kafan after their death. They should be buried in the same clothes they wore when they died, following the prayer. This rule applies to those who are killed in battle and die before Muslims reach them. However, if they are still alive when the Muslims reach them or are carried out of the battlefield while wounded, and they die later, they are not treated as martyrs in this regard, even though they will receive the reward of martyrdom.

M ( ) In modern warfare, where battlefields can stretch over kilometers or even miles, and enemy projectiles can reach far distances, the entire area where soldiers are gathered is considered a battlefield.

M ( ) If the enemy kills individuals through bombing far away from the frontlines, they do not receive the rulings of a martyr, although they will receive the reward of martyrdom for fighting in the cause of Allah.

M ( ) If the body of a martyr is exposed for some reason, it should be shrouded, but it should be buried without ghusl.

Those who have been punished or executed (Had or Qisas)

M ( ) If the killing of a person has been decreed through stoning or qisas (retribution) or similar punishments, and they have already undergone the three-fold washing of the deceased while alive, it is not necessary to wash them again after death, even if they have since become ritually impure through minor or major ritual impurity.

M ( ) Those who are sentenced to death by qisas or a legal penalty (hudud) do not require ghusl or kafan.

The Islamic judge (hakim shari’) orders such individuals to perform the ghusl rites themselves while alive, fulfilling the three necessary washes as prescribed earlier, then to wear two parts of the shroud (i.e., the loincloth and shirt). They are then treated like a deceased for embalming (hanuṭ), and after they are executed, a third part of the shroud is placed over them, prayers are said over them, and they are buried in that state. It is not necessary to wash away the blood from their body or shroud, nor is it required to perform another ghusl if they have made themselves impure out of fear or distress.