New Rulings
New Rulings
Main Author: Nekounam, Mohammadreza, 1327-
Title and Author: New Rulings / Mohammadreza Nekounam.
Publishing Information: Islamshahr, Sobhe Farda, 1402.
Physical Description: 120 pages.
ISBN: 978-964-2807-53-6
Catalogue Reference: FIPA
Subject: Shia Fatwas – 14th Century
Dewey Classification: 3422/297
National Bibliography Number: 1029646
New Rulings
Grand Ayatollah Mohammadreza Nekounam (May his soul rest in peace)
Publisher: Sobhe Farda
Edition: Third
Publication Date: 1402
Print Run: 3000
Tehran – Islamshahr – Nasimshahr – Vajihabad
Javaherzadeh Street, 12 meters – Block 36
Postal Code: 3769138575
Fax: 0229-436-34-81
Website: www.nekounam.ir
Preface
The religious jurisprudential propositions determine the boundaries of Islamic faith and guide the believers in practice, while safeguarding Shia culture and religious values, and combating the waves of ideological challenges. These propositions are compiled by righteous and scholarly jurists through great effort and Ijtihad in legal works, with a selected portion presented under the title “Explanatory Notes on Islamic Jurisprudence” for public dissemination and educational purposes.
In recent years, with the rise of industries, the advent of new technologies, and the expansion of communication channels, many new issues and rulings have emerged for individuals and communities, stirring widespread doubts and challenges among those who are committed to religious beliefs. Naturally, they expect religious authorities and the seminaries to address these new topics and provide religious rulings. This text has been written on the basis of such expectations, considering the vastness of juristic data and the overwhelming number of legal issues in the “Explanatory Notes on Islamic Jurisprudence,” which makes it difficult for general believers to consult. This work presents only those rulings related to these new topics, allowing readers to easily access the issues and subjects relevant to their needs.
New Rulings is organized into seven sections. These sections address various new issues, such as: women’s clothing, wearing sportswear, female participation in sports, female singers, women dancing for other women, the ruling on choosing one’s homeland, Khums on dowries and marriage contracts, the rulings on transactions, buying and selling checks, money, musical instruments, and photographs and films of indecency, as well as sculpting, men wearing women’s clothes in films, astrology, spiritism, music, facial beauty, plastic surgery, relationships between boys and girls, online chatting, gazing at non-mahrams, satellite television, the internet, and other similar topics.
While this text shares commonalities with the writings of other Grand Ayatollahs on questions of jurisprudence, it contains essential differences that the reader will discern through a careful study of the book.
And the final word is: Praise be to Allah, the Lord of all worlds.
Fatawa on New Issues
Question: How should young individuals who reach the age of religious duty (puberty) approach their imitation of a jurist (taqleed)?
Answer: In religious matters, one must follow a jurist with the requisite conditions. If a jurist is considered the most knowledgeable or has been recognized as an expert by others, it is necessary to follow them. However, seeking the most knowledgeable jurist is not obligatory.
Question: Is it necessary to refer to a living jurist to continue following a deceased jurist?
Answer: It is permissible to continue following a deceased jurist, provided they met the necessary conditions, and there is no need to refer to a living jurist, whether they are more knowledgeable or not.
Signs of Puberty
Question: At what age is puberty considered to occur?
Answer: The signs of puberty in both boys and girls include one of the following:
- The appearance of coarse hair in the lower abdomen (above the genital area). Soft hair that grows before this is not considered a sign of puberty.
- The release of semen, whether during sleep or while awake.
Initiation Ceremony
Question: Some initiation ceremonies for young individuals include activities like dancing and singing, instead of focusing on religious teachings and duties. What is the ruling on such ceremonies?
Answer: The initiation ceremony should aim to raise awareness and encourage religious beliefs, marking the transition to puberty and religious responsibility. It should not be an occasion for frivolity or entertainment.
1. Payment of Khums and Zakat
Q: What is the ruling regarding using the wealth or engaging with the property of someone who does not pay the obligatory Khums or Zakat?
A: If you are unsure whether Khums applies to a particular asset, it is not problematic, and there is no need for an investigation into this matter.
2. Khums on Dowry and Mahr
Q: Does money or goods set aside by parents for the dowry of their daughter incur Khums?
A: If goods are purchased for the dowry over the course of the year, there is no obligation to pay Khums. However, if the money is saved for this purpose, since it holds the status of capital and can be used for other purposes, Khums must be paid on it, unless it is set aside in such a way that it cannot be used for anything else.
Q: Does Khums apply to a woman’s dowry, inherited wealth, or gifts and donations?
A: The dowry and inheritance are exempt from Khums. However, gifts or donations, if substantial and held for over a year without being spent, do incur Khums.
Q: Does the increase in the value of inherited property (e.g., land or house) from the time of inheritance until its sale attract Khums?
A: If the inherited property is sold, the increase in its value is considered income for the year in which it was sold. If it is not used for living expenses by the end of the fiscal year, Khums is due on it.
Q: Does Khums apply to money saved for performing Hajj or Umrah, if it is used for these purposes years later?
A: If the money for Hajj or Umrah is saved in a particular year and it falls within the fiscal year, it does not incur Khums.
Q: Is it permissible to perform prayers in land or clothes that are subject to Khums but have not been paid?
A: For the owner of the land and clothes, it is problematic, but for others who are unaware that Khums has not been paid, it is not an issue.
Q: What is the ruling on the use of property belonging to a father who does not pay Khums or other religious dues by his family, especially if they have no other source of income?
A: After reminding the father about the obligation to pay Khums, there is no further responsibility on the family members.
3. Khums on Company Shares
Q: In some companies, individuals receive dividends during the fiscal year, but the payment is made after five to six months and after the end of the fiscal year. Does Khums apply to this dividend?
A: The dividend is considered part of the income for the year in which it is earned.
4. Khums on Salaries
Q: Does the money received by families from foundations like the Martyrs Foundation or the insurance payout a widow receives after her husband’s death incur Khums?
A: If the amount exceeds the living expenses for the year, Khums is applicable.
Q: Does Khums apply to bonuses paid to employees after retirement?
A: If a year passes without spending it on living expenses, Khums applies.
5. Khums on House or Car
Q: If a person sells a house or car and uses the money to buy another, is Khums due immediately upon sale or only if the money is not spent by the end of the year?
A: If the Khums on the house or car sold has not been paid, it must be paid immediately. If the money is spent within the year, it does not incur Khums; otherwise, Khums applies to any additional amount.
6. Forgiveness of Khums
Q: Some individuals forgive part of their Khums. Is Khums forgivable?
A: If there are valid religious reasons or considerations for the Shi’ah community, the jurist is permitted to show some flexibility and take such matters into account. However, forgiveness for the sake of gaining favour with individuals does not exempt one from the obligation of paying Khums.
Q: Is the permission of a jurist required to use the Imam’s share for charitable purposes or to distribute the share of the Sayyids to deserving individuals?
A: If the jurist is able to distribute the Sayyid’s share effectively, permission is required. In areas where the jurist does not fulfil this role, the debtor can distribute the Sayyid’s share to the rightful recipients. The Imam’s share should first be used for academic purposes, supporting scholars, and improving the living conditions of religious students and scholars. If there are needs among the scholars, Khums should not be spent elsewhere. If the jurist fails to actively manage these matters or is incapable of doing so, paying the Imam’s share to them is not permissible.
7. Taxation
Q: Does the payment of taxes or voluntary charity to the poor suffice in place of Khums? If not, what is the status of taxation in Islamic jurisprudence?
A: The payment of taxes does not suffice for Khums. However, paying taxes is considered part of living expenses, and if paid during the year, it does not incur Khums.
8. Islamic Dress Code
Q: What is the scope of the Islamic dress code for women? Is wearing loose, long clothing, trousers, and a headscarf sufficient? What principles should be followed in women’s clothing and appearance in front of non-mahram individuals?
A: The Islamic dress code is a religious obligation intended to promote modesty, dignity, and prevent immodesty. This can be achieved through various means, including wearing a chador or other modest clothing.
Q: Is the hijab a fundamental part of the religion? What is the ruling for those who disregard it?
A: The hijab is a fundamental religious duty. Less than this does not fulfil the religious objective. Disregard for the dress code is a sin, though it does not amount to apostasy.
Q: What is the ruling on wearing thin, body-hugging socks or exposing hair outside the headscarf in front of non-mahram individuals?
A: Women must cover their hair in front of non-mahram individuals. Thin, body-hugging socks do not meet the required standards of modesty.
9. Sports Clothing and Sports Activities
Q: What is the ruling on wearing sports clothing designed for gyms in public spaces such as parks?
A: Wearing sports clothing is permissible as long as it is done modestly and does not incite immodesty.
Q: What is the ruling on sports uniforms that are inappropriate according to Islamic standards, such as those used in wrestling or bodybuilding, and the promotion of such attire?
A: Any attire that contradicts Islamic ethics or promotes immodesty is forbidden.
Q: What is the ruling on women’s participation in activities such as cycling or sports, or the wearing of a suit and skirt as sufficient hijab?
A: Women can participate in sports as long as they adhere to full modesty and avoid any negative consequences. Providing modesty, which is the goal of the Shari’ah, is sufficient with any appropriate attire.
10. Interactions with Non-Mahram Individuals
Q: What is the ruling on a woman smiling or laughing in public while interacting with non-mahram individuals?
A: A woman should avoid inappropriate or immodest behaviour with non-mahram men. However, if interactions are moderate, free from provocation or immodesty, such interactions, including smiling or speaking, are permissible.
Separate Khums Year for Women
Q: Does a woman need to have a separate Khums year for herself?
A: If the income and expenses are shared and intertwined, having one Khums year for the family is sufficient, and it is not necessary for the man and woman to have separate years.
Women’s Acting
Q: If the subject or the theme of a film requires that the director or female actors (Muslim or non-Muslim) do not observe full hair covering or any covering at all, what is the religious ruling regarding the production, screening, and watching of such a film?
A: The production of such films is permissible if it does not encourage the community to adopt the mentioned forms, but instead results in isolation and prevents the public from adopting the manner shown in the film. This can be achieved using makeup and wigs and by informing the audience before showing the film. However, if Islamic dress code is not followed during filming or un-Islamic behavior is depicted by the film’s creators, it becomes a personal sin.
Q: What is the religious ruling on filming or photography at some wedding gatherings where, due to negligence, issues of what is considered ‘mahram’ (related by marriage or close kin) and ‘non-mahram’ (unrelated persons) are sometimes ignored, especially when performed by a female photographer whose job it is?
A: Since no haram (forbidden) act occurs in the filming itself, the photographer does not have any obligation. However, if they know that the footage will be used in a haram manner later, the filming would be haram.
Q: Is it permissible for girls to receive acting training for films and theatre, considering that their trainers are often male?
A: Acting training for girls and women, even by male instructors, is permissible as long as it does not lead to corruption, enticement, or moral degradation. However, it is preferable for women to be independent in fulfilling their own needs in society.
Q: What is the ruling on a man wearing women’s clothing, makeup, and performing feminine movements for filmmaking?
A: Since the audience knows that this attire is for a film or scene, the prohibition does not apply, and it is not haram.
Mixed Choir Groups
Q: Unfortunately, mixed male and female choir groups are performing inappropriately at gatherings. What is the ruling on forming such groups and participating in gatherings where such performances take place, as well as printing and promoting photos or broadcasting them on television?
A: Solo singing or collective singing by women or mixed choirs is permissible as long as it does not lead to corruption, arousal, or the weakening of public morals.
Mahr (Dowry) and Debt
Q: If the mahr (dowry) or debt, for example, was due ten years ago, should it be paid at the same amount or adjusted to current value, as the value of money has changed? For instance, 100 tomans from ten years ago might now be equivalent to 1,000 tomans. Which amount should be paid?
A: The debtor can only be required to pay the same amount agreed upon initially, and the creditor cannot claim more than that. The change in the purchasing power of money does not affect the ruling.
Q: Does a woman need her husband’s permission to spend money or property she has earned through her own work or through gifts from others, such as from her father or husband?
A: For spending property that belongs to the woman, the husband’s permission is not required, but she should consider the husband’s honor and dignity.
Strictness in Marriage
Q: If the excessive strictness of some fathers and mothers regarding the dowry (mahr) and other marriage matters leads to the young people being deprived of marriage and causes social harm, is such behavior permissible?
A: In marriage, it is necessary to take matters seriously, ensuring compatibility, health, and ethics. All unnecessary conditions and expenses that cause young people to avoid or delay marriage should be avoided so that they do not open the door to corruption and prevent the healthy development of society.
Visiting Between Boy and Girl
Q: It has become common in some families that before the marriage contract is performed, the groom (apart from the usual visits for engagement) has frequent visits with the girl, such as sitting together, talking, and even going out. Is this type of interaction permissible?
A: Any normal interaction that is free from provocation or corruption is permissible within reasonable bounds, even if it should not be prolonged under the pretext of interaction, especially in our society where the girl is often more vulnerable.
Q: Can a girl and a boy talk about marriage at the university?
A: A limited discussion on marriage is permissible as long as it remains necessary.
Q: Is it permissible to hire a male tutor for a female student, or a female tutor for a male student, for private lessons at home, as long as they are alone in a room and no one else is present?
A: If it does not create a temptation or corrupt the situation, and if others can enter the room, it is permissible. However, it is preferable to have tutors of the same gender.
Q: Is having a girlfriend permissible?
A: Friendship with a member of the opposite sex without a formal relationship (mahram) is not permissible.
Q: Some families impose excessive costs on the groom for their daughter’s wedding, such as holding a lavish event at a hall with expensive costs, inviting hundreds of guests, and thereby putting the groom in financial hardship. What is the ruling in such cases, and is it permissible to use such funds if the groom is not satisfied with paying them?
A: Any unnecessary costs in marriage are a result of selfish pride and revive the corrupt customs of the pre-Islamic era.
Q: What is the mahr al-sunnah (customary dowry)?
A: The amount of mahr al-sunnah does not necessarily need to be compared with the early Islamic period. Both an increase or decrease in its amount can bring different issues and problems.
Q: If a woman has agreed with her husband in the marriage contract to allow her to continue her studies at university, can he now withdraw his permission?
A: In this case, the woman can continue her education without her husband’s permission.
Q: Is it permissible for the groom to enter the bride’s gathering where there are many non-mahram women, who are often made up, for the wedding?
A: As long as modesty and appropriate coverage are maintained, and the groom or other men do not look at non-mahram women, it is permissible.
Orchestra Invitation
Q: What is the ruling on inviting music groups or orchestras to wedding parties, which often turn into gatherings of amusement, and participating in such events? Is earning money from this permissible?
A: The orchestra itself is not haram, but if its performance is contrary to Islamic principles and leads to heedlessness or corruption, it becomes haram. In such cases, inviting them and paying them is not permissible.
Husband’s Permission
Q: A married couple is having disagreements, and the wife wants to continue her education at university, but her husband refuses to give her permission. What is the wife’s duty in this case (if this matter was not discussed at the time of marriage)?
A: Without the husband’s permission, it is not permissible for the wife to continue her education.
AIDS
Q: AIDS is a dangerous disease, and there is no cure for it so far. It is contagious and mostly transmitted through sexual contact, and can even affect the fetus in the womb. Given its dangers and how it could harm either partner, can it result in the annulment of the marriage contract?
A: If one spouse has this disease and has not disclosed it, the other party has the option to annul the marriage contract due to fraudulent misrepresentation. After the contract, they may refrain from sexual relations or request divorce. However, this disease does not automatically result in the annulment of the marriage contract.
Marriage During the Days of Martyrdom of Imams
Q: What is the ruling on holding marriage ceremonies during the days or nights of the martyrdom anniversaries of the infallible Imams, or organizing celebratory processions that disrespect these days?
A: Marriage itself is not problematic at any time, but if it involves celebration or actions that would disrespect the significance of these sacred occasions, it is impermissible.
Men’s Attire
Q: What is the ruling on men wearing short-sleeved, tight, and form-fitting clothing or revealing clothing in mixed environments where both men and women are present, considering modesty and public chastity?
A: Such behavior is inappropriate according to Islamic ethics, even though in some cases, there may not be a religious issue with it.
Q: Is it permissible for men to wear white gold or platinum?
A: Wearing white gold or platinum is permissible for men.
Clapping
Q: What is the ruling on actions like clapping or whistling, which are not suitable for believers, in Islam?
A: Clapping, whistling, cheering, and dancing in public or joyous gatherings are permissible as long as they do not lead to moral degradation or undermine religious values.
Dressing for Fame
Q: What is the ruling on wearing clothes designed for fame, and what constitutes such attire?
A: Fame attire is clothing that attracts abnormal attention from others. Wearing such clothes is forbidden for Muslims.
Looking
Q: What is the ruling on looking at the hair of women who do not observe hijab, where no advice seems to affect them?
A: Looking at their hair is permissible if there is no intent for pleasure or fear of falling into haram.
Q: What is the ruling on looking at pictures or videos of female relatives or acquaintances who are shown without hijab?
A: Looking at such images is forbidden if it leads to the spread of immorality.
Q: If I am planning to marry a girl and I am confident that she will not reject me, is it permissible for me to look at her face, neck, and hair without the intent of pleasure to learn about her condition?
A: It is permissible to look without the intention of pleasure, and if you do not understand her condition with the first look, repeating it is permissible.
Beauty
Q: What is the ruling on cosmetic surgery, such as nose or lip surgery, which alters one’s physical appearance and is a manipulation of God’s creation?
A: It is permissible if it does not cause harm, serves the individual’s benefit, and is performed by someone of the same gender.
Chatting
Q: What is the ruling on chatting with a member of the opposite sex online, as long as religious boundaries are observed, such as exchanging views?
A: This is permissible.
Q: Some families adopt and raise orphaned children due to not having their own children. What are the possibilities for establishing mahram (permanent relationships) between the children and their adoptive parents?
A: The only way to establish mahram relationships is through breastfeeding or marriage, each with its own conditions.
Q: Are those whose mother is a Sayyid (descendant of Prophet Muhammad) considered Sayyids and do they carry the related rulings?
A: While descendants of the Prophet through the mother are also considered to be from his lineage, the rulings related to Sayyids are generally determined by paternal descent.
Q: What is the duty of children towards their parents when it comes to religious observance, especially when the parents do not take part in their religious duties or even tolerate immoral behavior?
A: Children are also responsible for their religious duties and should not obey their parents in disobedience or sin, but they should still respect them. They should also strive to promote what is good and forbid what is wrong as best as they can.
Iddah (Waiting Period)
Q: Given the use of medicine (oral or injectable) or medical devices that prevent pregnancy, does a woman still need to observe the iddah (waiting period) if she uses these methods?
A: The purpose of the iddah is not just to prevent pregnancy, and therefore, even in cases where pregnancy is prevented, the iddah must still be observed.
Temporary Marriage
Top of Form
Bottom of Form
Marriage and Family Issues:
Q: Can a mature and knowledgeable girl, who is of legal age, have a temporary secret marriage before her permanent marriage?
A: If she is sufficiently aware to avoid personal and social harm, and to avoid sin, there is no objection.
Q: Can two unmarried colleagues, who are of age, have a temporary marriage without the consent of the girl’s father in order to prevent falling into sin?
A: With the consideration of the welfare of both parties, especially the girl, there is no objection.
Q: My parents have forced me to marry a man whom I do not agree with. What is the ruling regarding our marriage?
A: The consent of both the girl and the boy is a condition for marriage, and without it, the marriage contract is invalid.
Shaking Hands with Non-Mahram Individuals:
Q: In some areas or environments, it is customary for both men and women to shake hands when meeting, and if this custom is avoided, it may be considered disrespectful. What is the ruling regarding shaking hands in this case?
A: In this case, if there is some covering of one of the hands and no pressure is applied, there is no objection.
Dancing for Women:
Q: Is it permissible for a woman to dance for her husband while listening to cheerful music?
A: If it does not lead to corruption or an inclination towards immorality, there is no objection.
Q: What is the ruling regarding dancing for different individuals?
A: In general, dancing is not inherently problematic unless it leads to negligence or moral corruption. Dancing for one’s husband is very appropriate and desirable. Dancing for another woman is also permissible. However, it is prohibited for a woman to dance for a non-mahram man, and similarly, it is forbidden for a man to dance for a non-mahram woman if it is provocative or leads to harmful consequences.
Adornment for Women:
Q: What is the ruling on wearing gold rings or wedding bands by women in the presence of non-mahrams?
A: These are considered to be compulsory adornments, and there is no objection to wearing them in front of non-mahrams.
Q: What is the ruling on the portrayal of romantic relationships, including intimate dialogues between men and women in films, which may have sexual or un-Islamic influences?
A: If these portrayals are natural and not intended to provoke desire or immoral thoughts, they are permissible. However, if the intention is to provoke or create temptation, or if they lead to moral corruption in the audience, they are considered unlawful.
Q: Some parents allow their young boys to go outside without proper clothing, believing it is acceptable. What is the ruling on this?
A: Parents should ensure they are raising their children in accordance with Islamic morals, even though children themselves do not bear religious responsibility.
Masturbation:
Q: If someone is unable to marry and must refrain from sexual activity, can they resort to masturbation to avoid temptation?
A: No. It is necessary to satisfy sexual needs through permissible and lawful means.
Fabrics with Immoral Imagery:
Q: Recently, carpets have been produced with images of poorly dressed women or images promoting immoral behavior, such as women making seductive poses with musical instruments. What is the ruling on buying and selling such carpets?
A: If the images promote disrespect to religious symbols or lead to the spread of corruption, using these carpets is forbidden. However, if the carpets are purchased for their intrinsic value, there is no issue.
Shared Devices:
Q: What is the ruling on buying, selling, or repairing shared devices (such as satellite dishes, video players, or computers) when the seller knows these will be used for sinful purposes?
A: There is no objection to buying, selling, or repairing such devices, even if they are later used in a forbidden way.
Instruments of Entertainment:
Q: Is it permissible to buy, sell, or use instruments like tambourines, drums, or flutes?
A: If these instruments are used for lawful purposes, there is no objection. However, if they are used in forbidden contexts, they are prohibited.
Corrupt Publications:
Q: What is the ruling on buying or selling newspapers or magazines that challenge Islamic laws or disrespect the religious values of the Islamic revolution?
A: It is advisable to avoid engaging with such publications. However, it is also necessary for educated individuals to respond to these challenges and eliminate the potential for corruption.
Gold Jewellery for Men:
Q: Is it permissible for men to wear gold jewellery, such as rings or watches, given that this might resemble women’s adornments?
A: If the use of gold is discreet and does not cause the man to resemble a woman, there is no objection. Selling such jewellery is also permissible for the jeweller.
Photographs of Bodybuilders:
Q: Recently, the practice of distributing photographs of bodybuilders has become popular, particularly images of attractive athletes. What is the ruling on buying, selling, or distributing these photographs?
A: If these images do not lead to widespread corruption but instead promote healthy athleticism, there is no objection, provided that the government regulates their distribution.
Explosive Materials:
Q: What is the ruling on using firecrackers and explosive materials, as well as their production and sale, regardless of whether they cause harm?
A: If the risks are controllable, there is no objection to using or trading in such materials.
Cheques and Transactions:
Q: What is the ruling on buying or selling a cheque for less than the amount it states, for example, a cheque that is valid in two months?
A: Cheques are considered negotiable instruments and can be sold at a lower value without any objection, regardless of whether the cheque is issued in earnest or as a formality.
Voucher Trading:
Q: Is it permissible to buy and sell vouchers for basic commodities?
A: Individuals are free to use their own vouchers as they see fit.
Currency Exchange:
Q: What is the ruling on trading currency, for instance, selling a thousand-toman note for 1,100 tomans?
A: Currency exchange in a cash transaction is permissible, but exchanging currency on credit with a profit is considered usurious and therefore forbidden.
Loans and Deferred Payments:
Q: How should transactions be conducted when a product is sold for immediate payment versus a deferred payment with added interest, such as a 10% increase on a one-month delay?
A: If the deferred price is set independently and the payment period is clear, there is no issue. However, increasing the price solely for the deferred payment period is not permissible.
Bank Loans:
Q: Some savings schemes require individuals to deposit a certain amount before they can take out a loan, which is then paid out at a much higher value. Is this permissible?
A: Making loans conditional on a deposit is not valid, although it is permissible for the depositor to voluntarily make such arrangements.
Bank Rewards:
Q: Is it permissible to accept prizes offered by banks for maintaining accounts in savings schemes?
A: Since there is no condition attached to receiving the rewards, there is no objection to accepting them.
Rental Agreements:
Q: Is it permissible for landlords to require a deposit and then offer lower rent in exchange for that deposit?
A: If the deposit is considered a loan and the rent is reduced accordingly, this constitutes usurious lending, and the contract is invalid. However, if the landlord rents the property and requires a loan for a specific amount, this is permissible.
Profit-Sharing Contracts:
Q: In a profit-sharing contract, if the expected return is predicted to be 20%, is it permissible to set that exact amount as the profit from the outset?
A: If the 20% profit is treated as an estimate, there is no issue.
Statues and Idols:
Q: What is the ruling on creating statues of living creatures, particularly for public display?
A: Creating statues and images of living creatures is permissible if they do not promote idolatry, provided they do not lead to waste or immoral representations.
Store Mannequins:
Q: Some stores display mannequins to showcase their clothing. What is the ruling on this practice?
A: If the use of mannequins is for business purposes and does not encourage immoral behavior, there is no objection.
Funeral Expenses:
Q: What is the ruling on extravagant expenses for funerals, such as expensive flowers and food, which have become a source of competition and lead to significant debt?
A: Such extravagant funeral expenses often reflect a materialistic mindset, and it is better to avoid them. Instead, the money should be used to help the needy. Funerals should be simple and without ostentation.
Usury (Riba)
Q: What is the ruling on usury, a wicked practice propagated by some wealthy individuals?
A: Usury and the exploitation of money by individuals, whether in the private sector or government, leads to the corruption of society and the degradation of religion. Any form of usury is categorically forbidden, unless it follows a legitimate and religiously sanctioned form.
Meats: Rabbit and Crab
Q: What is the ruling on buying, selling, or consuming rabbit and crab meat?
A: Consuming these meats is forbidden, although selling or using them for non-consumable purposes is permissible.
Imported Foodstuffs
Q: What is the ruling on consuming sausages, canned foods, and other foodstuffs imported from foreign countries?
A: Regarding non-meat foods, if there is no certainty about their being haram (forbidden) or najis (impure), there is no issue. However, if meat from a non-Islamic country is imported and its religious purification is not confirmed, it is not permissible.
Packaged Fish
Q: What is the ruling on consuming fish purchased from Muslim markets, particularly when it is not visibly scaled or is packaged in a way that its preparation is unclear?
A: If there is no certainty that it is forbidden due to the lack of scales, then there is no issue in consuming it. Doubts do not prevent consumption.
Severing Animal’s Head
Q: Is it permissible to intentionally sever the head of an animal before its soul has departed?
A: It is not permissible, though the meat remains lawful.
Q: In slaughterhouses, animals like sheep and cows are slaughtered with electric machines, and chickens are slaughtered in groups. Is this permissible, and what is the ruling on consuming such meat?
A: Using electric machines for slaughter is permissible, and saying “Bismillah” (in the name of God) once for each group of animals suffices, as they are considered one unit.
Bloody Egg Yolk
Q: What is the ruling on the presence of blood in an egg?
A: Blood in the egg yolk is not najis (impure), and consuming it is not forbidden.
Eating Harmful Food
Q: What is the ruling on eating certain foods, fruits, or dishes that are harmful to specific patients?
A: If the harm is significant enough to necessitate avoiding it, then consuming such food is not permissible.
Young Fish, Goat Kid, and Calf
Q: What is the ruling on using the dead offspring of fish found inside a caught fish or the fetus of a sheep or cow found in a slaughtered animal?
A: Fish found inside a caught fish are considered ritually pure, and their consumption is permissible. Similarly, the fetus of a sheep or cow, if fully developed (having hair or wool), is also considered ritually pure and permissible to eat.
Eid al-Ghadir Celebrations
Q: According to some narrations, the Eid al-Ghadir is the most virtuous of all festivals. What plan would be beneficial for both officials and the public to highlight Eid al-Ghadir as an official, national, and religious holiday in the Islamic Republic?
A: Eid al-Ghadir can be called the Day of Innocence and the Day of Wilayat (leadership). Instead of merely focusing on outward displays of joy, it is important to take steps to achieve the higher spiritual goals set by Imam Ali, peace be upon him.
Wearing Black Clothing for Mourning
Q: What is the ruling on wearing black clothing to mourn the Imams, especially during Muharram? Does wearing black have a detestable connotation?
A: Wearing black in mourning for the Imams signifies the seeking of justice and readiness to defend it. It does not carry a detestable connotation outside of mourning contexts.
Q: What is the ruling on self-harm during mourning, such as striking oneself?
A: Mourning should be marked by meaningful expressions, and all actions should be in alignment with sorrow and reflection.
Best Action for Hastening the Appearance of the Imam
Q: What is the best action to hasten the reappearance of Imam al-Zaman (may Allah hasten his reappearance)?
A: Religious knowledge, adherence to the commands of Islam, and waiting for the Imam’s return are the best actions during his occultation.
Q: Is it obligatory to stand when hearing the name of “Qaim” (the Imam)?
A: Any act of respect when hearing the name of Imam al-Zaman (may Allah hasten his reappearance) is a sign of purity and devotion. Although it is not obligatory, it reflects the individual’s piety.
Q: Some individuals try to justify the use of music, entertainment, and frivolity at weddings by attributing them to the night of Lady Fatima’s wedding. Is this claim correct?
A: The wedding ceremony of Lady Fatima (peace be upon her) was undoubtedly pleasing to Allah, though the exact practices are not easy to verify. There is no need to resort to such justifications for allowing certain types of entertainment.
Clapping in Religious Celebrations
Q: Some reciters claim that clapping has religious merit and that the more vigorously you clap, the more reward you will receive. Is it true that such actions, including clapping or dancing, are permissible during celebrations for the Ahlul Bayt (peace be upon them)?
A: Clapping and dancing, provided they are free from sinful actions, are permissible, but religious centers must maintain their dignity and not reduce their activities to mere celebrations. Religious practices like reciting blessings should not be compared to these actions.
Q: Some Iranian pilgrims clapped at the sacred shrines, such as the Holy Mosque in Mecca, causing embarrassment. What is the ruling on clapping or promoting such actions instead of chanting Islamic slogans, even in Ahlul Bayt gatherings?
A: The sacredness and dignity of religious sites should not be marred by such practices. These places must not be sullied with such actions.
Music and Singing in Religious Gatherings
Q: There are concerts and performances in the name of Ahlul Bayt (peace be upon them) or Islamic festivals where music is performed. What is the ruling on such events, especially when they promote immoral behavior?
A: Holding music concerts that contradict Islamic ethics is forbidden, especially if they lead to the corruption or misguidance of youth. These events should be controlled by the authorities.
Q: What is the ruling on using musical instruments such as an organ in mourning gatherings?
A: Mourning should evoke sorrow, grief, and a sense of loss for the oppressed figures. Such instruments should not be used, as they may dilute the spiritual focus of the mourning.
Q: What is the ruling on using recorded or live music during religious events or in mosques?
A: Such practices, while not inherently forbidden elsewhere, are not appropriate for mosques, which are places of worship and reverence for Allah.
False Mourning Recitations
Q: What is the ruling on reciting false or unreliable accounts that may ridicule or defame others during mourning ceremonies?
A: Mourning recitations must be done by knowledgeable individuals and based on reliable sources. False narrations weaken societal beliefs.
Q: Some mourners use inappropriate expressions in their recitations of Ahlul Bayt (peace be upon them), such as “I am drunk with love, whatever happens, I am a follower of Ali”. What is the ruling on such expressions?
A: It is essential to avoid using inappropriate language or vulgar expressions. Religious gatherings should be based on thoughtful discussions, and recitations should respect the dignity of the Ahlul Bayt (peace be upon them).
Claims of Communication with Imam al-Zaman
Q: Some individuals claim to have direct communication with the Ahlul Bayt, especially Imam al-Zaman (may Allah hasten his reappearance). What is the ruling on participating in such gatherings?
A: While it is possible for some to have genuine experiences, individuals who claim such encounters should not publicize them. Such claims can lead to misconceptions and weaken people’s beliefs. Therefore, one should avoid participating in such gatherings.
Symbolic Funeral Processions
Q: What is the ruling on holding symbolic funeral processions, such as those conducted on the anniversary of Lady Fatima’s martyrdom?
A: If these processions are conducted with grandeur and do not lead to misunderstanding or disunity, they are an admirable religious duty and are permitted.
Women-Only Religious Gatherings
Q: Some women form separate mourning gatherings to avoid inappropriate behavior in mixed-gender events. Is this practice permissible?
A: Mourning gatherings for both men and women should promote religious knowledge, cultural awareness, and closeness to the Ahlul Bayt (peace be upon them). It is important to avoid negative consequences such as inappropriate behavior or time-wasting.
Donating Money to Shrines
Q: Is it permissible to donate money to the shrines of the Imams in Iraq, given that it is controlled by the Iraqi government?
A: Donating money to shrines is only permissible if one is certain it will be used for righteous purposes. If the purpose is unclear, it may be considered wasteful, and it is better to give the money directly to the poor with the intention of benefitting the Imam.
Noon of Ashura Prayer
Q: Many religious groups pray at noon on Ashura, following the practice of Imam Hussain (peace be upon him). What is the ruling on this practice?
A: Performing prayer on time, particularly on Ashura, is of utmost importance. It should not be rushed, and should be carried out with the proper reverence and understanding.
Q: While mourning is typically focused during the first ten days of Muharram, why do many ceremonies cease after Ashura, considering that the true mourning starts on that day?
A: Mourning should be about spiritual growth and deepening faith. The activities should focus on meaningful discussions by knowledgeable scholars, rather than simply on singing or superficial displays. Mourning should lead to productive engagement, not stagnation or excessiveness.
Consultation with a Heterogeneous Doctor
Q: What is the ruling on a woman consulting a male doctor, or on male doctors performing gynecological procedures such as radiology, ultrasound, injections, and surgeries, when there are female doctors available to carry out these tasks?
A: Consulting a male doctor is impermissible if there is no necessity, or if it requires touching or viewing the woman’s body. It is the duty of the state and society to address the shortage in this area by promoting the education of women. Additionally, disregarding religious principles in the field of injections is not acceptable under any circumstances except in rare cases of necessity.
Q: What is the ruling on men consulting a female doctor when male doctors are available?
A: There is no difference in the medical consultation between men and women, and one should consult a doctor of the same gender unless in cases of necessity. The state and society must take serious steps to address the shortages in this regard.
Q: In hospitals and medical centres, male students perform examinations on different parts of a female patient’s body, while female students examine male patients. Considering this is part of medical training and a requirement in the education of doctors, what is the ruling on this practice and its limits?
A: If the country’s medical needs depend on this practice, there is no objection within the limits necessary to fulfil this requirement. However, mere education does not provide a valid justification. The system should take serious and lawful actions to ensure medical needs are met through same-gender practitioners.
Q: In the case of treating women, if a female doctor is available but a male specialist is likely to treat the patient better, what is the ruling?
A: Mere specialisation does not justify a woman consulting a male doctor, unless there is a necessity or a risk involved.
The Need for Investigation Before Consulting a Doctor
Q: Can women consult a male doctor without investigating the availability of a female doctor?
A: If the consultation involves impermissible touching or viewing, and investigating does not delay treatment or cause difficulty to the patient, an investigation is necessary.
Fertilisation of a Woman by a Foreign Man’s Sperm
Q: A woman cannot conceive with her husband. Is it permissible for a foreign man’s sperm to be placed in her womb by medical means for her to become pregnant? If permissible, does the child inherit the mother’s and father’s rights, such as kinship and inheritance?
A: The procedure is permissible as long as it does not involve impermissible touching or viewing and, if possible, is performed by a same-gender doctor. The child will be considered the same as the woman, and the woman’s husband will be regarded as the owner of the womb, not the sperm. The sperm donor has no parental claim, and neither the donor nor the husband plays a role in this matter.
Contraception
Q: What is the ruling on tubal ligation for population control?
A: Tubal ligation for preventing pregnancy is considered a mutilation and is not permissible. Population control should be pursued through cultural development and promoting alternative methods.
Q: If a surgical procedure is performed to prevent pregnancy, whether on a man or a woman, and the procedure results in sterilisation, is this permissible?
A: There are other means of contraception, and tubal ligation is considered mutilation, which is impermissible. Consent from the husband alone is not sufficient for any surgery on a woman, and if the procedure is performed by a non-same-gender doctor, it involves impermissible touching and viewing, which is forbidden.
Sale or Donation of Organs
Q: Is it permissible to sell or donate an organ, such as a kidney, to someone else, or to bequeath it for donation after death?
A: If an individual wishes to donate or sell an organ, such as a kidney, that does not cause significant harm or impairment, it is permissible provided that it is not given to a non-Muslim, and it does not cause harm to the individual.
Abortion
Q: What is the ruling on abortion? What is the compensation (diyya) for abortion, and who is responsible for it?
A: Abortion is impermissible and incurs compensation. The compensation varies according to the stage of pregnancy, with specific amounts set for different stages (e.g., 20 mithqals for a fetus in the sperm stage, up to 1,000 mithqals for a male fetus once the soul has been breathed into it). If the woman takes the medication that causes the abortion, she must pay the compensation. If a doctor is responsible, the doctor must pay.
Medical Responsibility
Q: If a doctor avoids treating an emergency patient due to the patient’s financial inability to pay for surgery, and the patient dies or suffers irreversible harm because of the delay, is the doctor liable? Is this action impermissible?
A: The doctor or one who neglects their duty is not liable for the patient’s death or resulting harm. However, neglecting the protection of life or failing to provide necessary treatment is a sin.
Compensation for Sterilisation
Q: Is the doctor responsible for paying compensation if they perform sterilisation on a man or woman?
A: Performing sterilisation is impermissible and sinful, and the doctor is responsible for the compensation, though it is not given to the individual requesting it but rather to their family.
Autopsies
Q: What is the ruling on the dissection of a deceased Muslim?
A: It is permissible if it is necessary for the country’s medical needs.
Q: In forensic medicine, some deceased individuals are dissected without the knowledge of their relatives and without any specific legal issue. Is this permissible? What about autopsies of women by male doctors and vice versa?
A: Dissecting and removing body parts is impermissible unless it is for a necessary cause, and it must be performed by a same-gender doctor if there is a same-gender doctor available.
Q: Is there compensation for cutting off parts from a deceased body? How is the compensation calculated?
A: Cutting off body parts from a deceased person is impermissible and incurs compensation, which is calculated based on the value of body parts in the early stages of pregnancy or before the soul has entered the body.
Treatment Records
Q: What is the ruling on writing prescriptions in another person’s medical record, which is against the law?
A: This action is impermissible and incurs liability.
Chess and Playing Cards
Q: What is the ruling regarding playing with chess and playing cards?
A: Playing with instruments that are specifically used for gambling, even if there is no betting involved, is forbidden (haram). In other cases where betting is involved, it is also forbidden. However, something may be considered a gambling tool at one time and not at another. For example, chess was once considered a gambling tool but is no longer regarded as such. Playing cards, too, if used in a manner similar to children’s games, have no issue. However, if gambling is involved, as is common among gamblers, it is prohibited.
Dog Keeping
Q: What is the ruling on keeping dogs in the home, car, or street, which is a form of imitation of foreign cultures?
A: Although keeping domestic animals is not problematic as long as hygiene is maintained, it is important to prevent the spread of germs and impurities by keeping animals, particularly unclean ones, away from living spaces. The promotion and maintenance of unclean animals, which is influenced by foreign cultures, is discouraged. It is better to avoid it, and authorities can regulate this issue with public demand.
Music
Q: It is common in artistic festivals for choirs to use instruments such as the dotar, setar, piano, tambourine, and drum, accompanied by collective dancing. What is the religious ruling on these matters? If they are problematic, how should we view their broadcast on television?
A: Holding such festivals in the country, particularly when they tend to be associated with negligence and entertainment without contributing to cultural growth, is not acceptable. Moreover, the use of public funds for these purposes is unjustifiable and sinful unless these activities are directed towards promoting religious culture.
Q: Is listening to all programmes on radio and television permissible from a religious perspective?
A: The permissibility or prohibition of music and singing depends on the context in which they are presented. The source of the programme does not significantly affect the ruling; however, with proper preparation, these activities can be aligned with religious teachings, making them acceptable.
Q: Some claim that while singing is forbidden, music is not. What is the difference between music and singing, and what is Islam’s stance on these matters?
A: Music is the use of instruments associated with singing, and singing involves rhythmic melodies. There is no prohibition on singing or music in themselves; the problem arises when these activities lead to sinful consequences, such as idle or immoral speech or actions, or when they cause negligence and a weakening of religious devotion.
Q: What is the ruling on listening to music on the radio and television?
A: The permissibility of these songs depends on the accompanying elements. The fact that they are broadcast by official sources like television does not automatically make them permissible.
Q: Is attending weddings or celebrations where music is played permissible?
A: If it leads to negligence, bad influences, or weakens religious spirit, it is not permissible.
Q: What is the meaning of “ghina” and its ruling?
A: A beautiful voice, sound, or music is not inherently forbidden, even if it is elongated or accompanied by rhythm and emotion. What matters is that if it is associated with other sinful actions, such as idle talk or immoral activities, it can lead to negligence and hostility towards religion.
Q: There are rumours about introducing music classes in schools. Are cultural authorities in the country allowed to proceed with such an initiative?
A: Religious scholars who are well-versed in the issues of music and its implications in Islamic law need to address this matter seriously. There should be a professional and religiously informed approach to ensure the promotion of correct practices and prevent the spread of forbidden music.
Q: Is traditional Iranian music, which is considered a national heritage, forbidden?
A: The tradition alone does not make something permissible; the permissibility of any activity must be judged based on the principles of Islamic law.
Q: What is the ruling on listening to tapes produced by the Ministry of Culture or the Islamic Propaganda Organisation, which are deemed permissible by them?
A: The permissibility of music is based on religious rulings, and the endorsement of any organisation does not necessarily make it lawful.
Q: Is it permissible to participate in weddings and gatherings where music is played?
A: If these events lead to negligence, bad influences, or weaken one’s religious spirit, they are not permissible.
Intellectual Property
Q: What is the ruling on intellectual property, and is it allowed to print a book without the author’s permission?
A: Intellectual property rights and the protection of authors’ work are legitimate. Printing a book without the author’s consent is not permissible.
Q: Is it permissible to print religious books even if the cover says “All rights reserved”?
A: An author has ownership of their work and can prevent others from reproducing or printing it. Using the work without permission is not allowed, although simple use (e.g., reading) is not considered a violation.
Prohibited Earnings from Reproducing Harmful Materials
Q: Is it permissible to receive payment for reproducing films or tapes that are considered immoral or forbidden? What should be done with such earnings?
A: If a tape or film is deemed forbidden by a religious scholar, reproducing it and receiving payment for doing so is prohibited.
Female Singers’ Tapes
Q: Recently, music tapes featuring female singers have been released with permission from the Ministry of Culture. What is the ruling on reproducing or listening to these tapes?
A: The voice of a woman is not inherently forbidden if it does not cause harm or promote immorality. If it is accompanied by provocative content, however, it may be considered forbidden.
Dealing with Music Groups
Q: What is the ruling on renting out loudspeakers to music groups for performances, and earning money from this?
A: If the music group performs immoral activities or causes disturbances, renting out equipment to them is not permissible.
Public Entertainment and Decency
Q: What is the ruling on producing and broadcasting television shows that cause women to lose their modesty, such as women screaming in front of non-mahram men, or inappropriate interactions between hosts and female participants in games?
A: If these activities are normal and do not lead to immorality or indulgence in forbidden pleasures, there is no issue. However, if they promote inappropriate behaviour or harm religious values, they should be avoided.
Prohibited Content and Profits
Q: What is the ruling on buying, selling, and reproducing tapes of songs by immoral or secular singers, or selling indecent or obscene photographs?
A: Using any kind of immoral or obscene media that contradicts Islamic ethics or promotes secular ideologies is forbidden. Earning income from such activities is also considered unlawful.
Artistic Caricatures
Q: What is the ruling on creating caricatures of people that might harm or insult them, especially if they consent to it?
A: Drawing caricatures of individuals is permissible if it does not cause harm or disrespect. If it insults the individual, it becomes forbidden, even if they consent.
Attending Guilt-Ridden Celebrations
Q: What is the ruling on not attending weddings that are associated with entertainment and cause division among families?
A: Weddings that are morally corrupt should be avoided, even if they involve close relatives. However, general expressions of joy, such as clapping, are permissible.
Gender Mixing at Weddings
Q: What is the ruling on attending mixed-gender weddings where non-mahrams interact?
A: Men and women can attend family weddings if there is no moral corruption, loss of modesty, or exposure to inappropriate behaviour. However, mixed gatherings that are not in line with Islamic principles should be avoided.
