Your Questions Answered (volume 3)

Q31: Why Difference Between Mujtahids?

Why Mujtahideen differ in the same subject? For instance, some Mujtahideen say that Namaze Jum'a is Wajib while others say that it is "Wajibe-Takhiri" or Sunnah? A. There are many reasons, most important of them being the difference in the interpretation of some crucial words or phrases in Ayat or Hadith.

Q32: MUJTAHID AND TAQLID

We would appreciate any information you could give us on Taqleed. A. In every sphere of life we have to heed the advice of the experts in that field. Likewise, in the matter of Islamic Laws, we must obey the rulings of the experts of that Law. Those experts are called Mujtahids; and the act of obeying their rulings is called Taqlid. Here are some of the conditions which govern our choice of the Mujtahid:

(a) He must be Baligh (i.e. adult), (b) 'Aqil (i.e. sane), (c) man, (d) alive at the time of beginning the Taqlid. (e) Ithna-ashari, (f) 'Adil, (g) Mujtahid, (h) A'lam, (i) Legitimate child, (j) Having good memory,

(k) Not involved in worldly affairs so as to hinder his scholarly persuits. 'Adil means a person who does not commit big sins even unintentionally; and if he commits small sins (not intentionally) he repents at once.

Only an 'Adil can lead in prayers, be accepted as reliable witness and appointed as Qadi. A'lam means one who is the most learned of all.

Q 33: CALIBRE OF IJTIHAD

Nowadays "Ijtihad" has become a child's play. Without mentioning the name of our Mujtahids, "AWAKE" published by Young Muslim Association of South Africa condomned those who claim Ijtihad but do not have deep knowledge.

A. I did not see the said article; South African publications are banned in Tanzania. But you should not be too much worried about it. There is no room of "Inferiority complex" on our part. Even admitting that the word "Mujtahid' has been misused especially in India and Pakistan, the calibre and character of our scholars is far better than any other sect.

Q34: HOW TO REFORM ISLAMIC WORLD?

How can we reform the Islamic world today in the light of the Prophecy of the Holy Prophet that in the period nearing Qiyamat people will go astray? A. By telling them of those prophecies and warning them to abstain from evil deeds. Forewarned is fore-armed.

Q35.FRIENDSHIP WITH ENEMIES OF ISLAMS

"O ye who believe, choose not for friends such of those who received the scripture before you, and of the disbelievers, as make a jest and sport of your religion........" (v.60). Is it a sin (according to this verse) to establish friendship with Jews, Christians or Atheists?

A. Yes. A faithful Muslim should not be in intimate association with those "who take your religion for a mockery or sport", because such an association will sap the earnestness of his own faith and turn him into a cynical and insincere Muslim.

Q36: IS MIDDLE EAST WAR A JIHAD?

When recently in England, I heard a friend saying that the recent Middle East War was classed as 'Jihad'. I was very surprised to hear it because I am under the impression that a war is classed as Jihad only when fought for the defence of Islam.

A. A war is called 'Jihad' if it is fought with permission of Prophet or Imam (peace be on them all). Also a war fought for the defence of the Muslims (not "defence of Islam") is called Jihad.

Now the war of the Muslims against Israel is 'Jihad' (in the meaning of Defensive War) because it is the Jews who have come from all around the world to Palestine and have turned the Palestinian Muslims out,

usurping their country, land, farms and homes Now a generation has passed that the Palestinian Muslims are living in tents of the refugee camps, without any root anywhere. They are fighting to regain their homes and motherland, and as such it is a 'Jihad'.

Q37: CAN LADIES AND GENTS SIT TOGETHER IN RELIGIOUS AND SOCIAL GATHERINGS?

The Ithna-asheris in our town (in Canada) have established a Union to perform religious ceremonies. At the moment the Union does not have any particular place to hold Majlises; they hire halls for this purpose once a month. In these majlises and other social functions, our ladies and gents sit in the same room or hall where there is no purdah at all.

The argument put by them is: "When our ladles go out for work or for shopping, they are not in Purdah; then why purdah in majlis?

Also, they say that discrimination is prohibited in the country.

I, by this letter, seek guidance from you, according to the rules of the Sheriat. A. I was shocked to read that the Union "is holding majlises and other functions where the ladies and gents sit in the same room or hall where there is no purdah at all".

It is amusing to note that they are doing it in the name of avoiding 'discrimination'. Your country is a Christian one. Neither the Catholics nor the Protestants admit women into priesthood.

Catholic nuns are obliged to cover their whole body even in their dormitories; and a woman going before the Pope must cover her whole body, even if she, in her public life, is a 'striptease artist'.

So, the 'anti-discrimination' laws have not compelled the Christians to relax their rules that are obviously 'based on sex-discrimination.

Now coming to the Shia Ithna-asheri Sheriat: -

It is the unanimous ruling of all the Mujtahids, right from the beginning upto now, that:- 1. A woman must cover her entire body and hair in such a way that it is not seen by any man who is not within prohibited degree. (Within prohibited degree: with whom marriage is prohibited, like father, brother, son etc. )

  1. It is 'Harem' (unlawful) for a man to look at the body (or part thereof! of a woman who is not within prohibited degree, whether it be with lusty intention or without such intention.) Also, it is 'Haram' for a woman to look at the body of a man who is not within prohibited degree;

  2. The above rules are for her whole body except the 'face' and hands (from the wrists to the finger-tips); Note: Neck, ears and hair are not included in face' and must remain covered.

  3. So far as the face and hands (as explained above) are concerned, it is the unanimous ruling of all the Mujtahids that it is Haram (unlawful) to look at the face and hands of a woman, if that look is with lusty intention;

  4. The only difference of opinion is about looking at the face and hands of a woman (who is not within prohibited degree) without any lusty intention. Some Mujtahids say that it is allowed; others say that it is not allowed.

The present great Mujtahids (Agha-e-Khoui, Agha-e-Milani, Agha-e-Shahrudi and Agha-e- Shariatmadari) say that it is not Haram to look at the face and hands of a woman who is not within prohibited degree, without any lusty intention. But even then, they say that it is 'Ihtiyat-e-Wajib' to refrain from such looking.

Looking at non-Muslim women, who usually do not cover their bodies, is allowed if it is without any lusty intention.

Now if someone is prepared to reach the furthest limit, he can do so only if the womenfolk are prepared to cover their whole body from head to foot in a proper way (not in revealing clothes). To put it in a more clear way, a woman must cover herself as is done in Ihram, covering her neck, hair and ears also, leaving only that part of the face open which is washed in Wudhu.

This is the tenet of the Shia Ithna-asheri Sheriat And the Article 2, Section 1 of the Constitution of your Institution binds it to follow "Islam according to teachings of the Shia Jaffery Teachings".

I think it is high time for the Jamaats to make it compulsory for the women to attend the majlises and other functions in proper Islamic dress, even if they sit behind a partition. The Jews compel their congregation to wear skul caps and prayer-shawls when praying in a synagogue, and it is not considered as an undue hardship. Why our own Jamaats and institutions cannot enforce such rules?

I know that these women do not observe purdah in their daily lives. Someone may say that to make such women observe purdah within the Imambara or majlises amounts to hypocrisy! But it is not so. By making them observe the rules of sheriat every time they come to the majlis or into imambara, we do remind them what they should be (and are not); we make them remember how a good shia Ithna-atheri woman should dress.

This 'reminding' Is the most important factor in keeping the torch of faith alive. By 'reminding' they will never forget their noble Islamic heritage. Remove this restriction, and your children will not know the difference between Muslim and non-muslim way of life.

Q. 38: DRESS OF THE LADY-TEACHERS

The Dar-es Salaam Ithna-asheri Union runs a Nursery School, which employees Ithna- Asheri lady teachers. The Secretary of the Nursery School, who is a male member, is in~charge of the overall supervision of the smooth running of the school.

He directly deals with the Headmistress on certain matters requiring his attention, i e. collecting fees from her for depositing in the bank, attend to the requirement of repairs of the school whenever required and such other matters, is the job done by him within the Sheriat?

The children are usually dropped in and collected after by their fathers or messengers in which case the lady teachers are involved in handing over the children to them. Also while paying fees the Headmistress is involved in dealing with male members who come to pay fees. In view of the above, are we allowed by Sheriat to employ Ithna-Asheri lady teachers in the Nursery School?

A. Please read carefully the reply to the Question "Can Ladies and Gents sit together in Majlises and Social Functions?" (given above), and you will know the answer to your question.

I take this opportunity to emphasize the importance for Shia Institutions of sincerely and faithfully following the rules of Sheriat in all their affairs. I strongly advise the Union to adopt the Islamic dress as the compulsory uniform for the teachers,

Q 39:'PURDAH' CREATES RICKETS?

Circumcision, indeed, prevents carcinoma but purdah (veil) predisposes to "Rickets'. Why is it so much controversial?

A. How many Muslim women have fallen sick just because of "Purdah"? Do you have any data to compare their rate of sickness and mortality with those women who do not observe Purdah?