Your Questions Answered (volume 3)

Q40:age Limit For Purdah?

Is there any limit to the age of 'Namahram'? We had a lady of 70 years who died and her face was kept open and every man was asked to come and see her face. Someone objected, but he was told that after 70 years it is allowed.

A. If a man is of such an advanced age that he has completely lost all sexual desires, then a woman may go before him with open face. But nobody can fix any age-limit for this change. It depends upon health, race and many other such factors.

And in any case, it was improper for the 'Na-Mahrams' to go to see the face of that dead woman. Only 'Mahram' males should have been allowed there, no matter what her age.

Q41:VAGINAL EXAMINATION BY A DOCTOR

Should a Muslim woman allow her vaginal examination by a male doctor?

A. According to Islam, a man is not allowed to look at the body or hair of a "Ghair Mahram" woman, whether it is with lusty intention or not. Likewise, a woman is not allowed to look at the body of a "Ghair Mahram*' man.

This is the basic rule. Now coming to your Question. If it is necessary for a male doctor, for the purpose of treatment of a "Ghair-Mahram" woman, to look at her or to touch her, then it is allowed. But if the treatment can be done by just looking at her, he should not touch her; and if it can be done by just touching her without looking, he should not look at her.

If there is no lady doctor and diagnosis is not possible without vaginal examination, the male doctor should at first try to use a mirror and look into the mirror. If this is not possible, then looking at the private parts is allowed.

Q42: SEPARATION OF BOYS AND GIRLS A PROBLEM

Is the meeting of a boy and a girl (both adult) with the sole purpose of marriage allowed in Islam in this 20 century? A closed-eye procedure leads to many problems later.

A. They are allowed to see each other once only. (This permission does not include touching or going out together). And so far as "many problems later" are concerned, the ratio of divorces to the Marriages in western countries is well-known. (It reaches the ratio of 1:3, and in some places even 1:2). So, the "open-eye" procedure creates more troubles than our "backward out-of-date barbaric" system can ever do.

Anyhow, if they want to get to know more of each other, the only legal way, which I can think of, is to enter into "Mut'a" openly.

Q43: MIXING OF GIRLS WITH BOYS

Nowadays boys and girls like to live together right from their youth but results are not good; they fail to reach permanent bond of love and marriage. Frequently, the girls move from one boy to another and at last are left out.

For safety against marrying a left-out girl, can a Shia boy have a girl from his youth? If not, then is it a sin marrying a prostitute? A. No Shia (and no Muslim) is allowed to have any contact with any woman who is not his 'Mahram' (e.g. mother, daughter, sister, aunt, niece, mother-in-law, daughter-in-law) unless he is married to her.

If there is any social problem, it is because the people have left the path of sheriat. If they encounter any difficulty by going against sheriat, it is their fault. Rules of sheriat cannot be changed to suit the whims of a man (or of a community) which has no regard for Law of Islam, and wants Islam to give him concession because he (or they) has/have already commited a sin. Sin deserves punishment, not 'concession'.

Q44: HIGHER EDUCATION FOR GIRLS

Is education, especially further education, for females forbidden in Islam? Give reasons.

A. I am sending you the latest issue of the 'LIGHT' wherein you will find the answer to a question about 'Purdah' (see Question 37)'.

If any girl can observe the rules of the Sheriat, as explained in that answer, she may get education as you have asked. But if she, by getting further education, is not able to remain within the limit laid down by Sheriat, then she has to forego anything which makes her go against the Sheriat, be it education or service.

In the eyes of Islam, a Muslim who follows the rules of Sheriat faithfully (even if he/she is ignorant in the eyes of his friends) is thousand times better than a Muslim who goes against Sheriat (even if he is considered highly educated by the Society).

Q45: RIGHT OF WOMAN CONCERNING MARRIAGE

May I beg to seek your valued FATWA in respect of nikah Marriage Ceremony, to be performed in accordance with the tenets of Islam.

I am a young Muslim girl of about 23 years of age of the Bohra Shia Sect and our Amil Saheb, who possesses the High Authority of His Holiness the Syedna Saheb in Kenya refuses to grant permission to the Bohra resident Priest in Mombasa to perform my "Nikah' Marriage Ceremony by putting allegation on my four brothers that they are Not obedient to him or to the Syedna Saheb, whereas my whole family is MUKHLISIN, loyal to the, Syedna Saheb and to the Dawoodi Bohra Faith.

I may further mention for your very kind information that if I go to Kadhi Court for the marriage Ceremony to be performed by the Chief Kadhi, then the local Representative and the Resident Bohra, Priest give Fatwa that my nikah' will be considered illegal and that my children will also be considered illegal, because the marriage ceremony will be performed by some one else and n by the Bohra Priest appointed by the Syedna Saheb.

Your Eminence, I only beg to know from you that if my marriage ceremony would be performed by a Muslim Kadhi will it be considered legitimate or not and that will my children be considered legitimate or not?

A. For your guidance, I enclose herewith an old issue of our Magazine the Light (Vol. Ill, No. 6) and advise you to read the article 'Memorandum', which begins on page 6. You may be interested to read para (b) on page 7 which says:-

"(b) Islam, according to Shia School, has given a woman right to contract herself in marriage if she is adult and discreet." Also, see last paras under the sub-heading "State- controlled Clergy?" which says:-

"The White Paper requires a Muslim intending to marry to give notice of his intention, 21 days before, to a Sheikh authorised by the Minister to solemnize marriages." It has overlooked the fact that Muslim boys and girls can solemnize the marriage themselves without any need to call a Sheikh and ask him to perform the marriage.

"We are sure it is not the intention of the government to create a new version of Islam which would have institutionalized clergy like Christianity. So why this reference to a Sheikh authorized by the Minister? Needless to say that this idea goes extremely against Islam."

Q46: MARRIAGE OF A SEYYID GIRL WITH NON-SEYYID

Can a Seyyid girl marry a non-Seyyid Shia Ithna-asheri, who is well-educated and has a high post in government?

A. Yes. And it does not matter whether he is well-educated and well-to-do or not. There is no colour, caste or race-bar in Islam.

Q47: SLAUGHTERING CHICKENS DURING WEDDING

As you know, our weddings are very traditional and some of our customs are un-Islamic. But it is sometimes difficult to distinguish if some of the things we do during the wedding ceremony are Islamic or not. For example, the bride and the groom have to step on the blood of a freshly-slaughtered chicken or goat. Is this allowed in Islam?

A. This rite is un-lslamic, and should be discarded.

Q.48: SHOULD ONE WAIT FOR A GOOD WIFE?

I am a young man and I want to marry for physical comfort and peace of mind. But the difficulty is that at present I can't find a good wife, having Islamic manners and back- ground. Now, what should I do? Should I wait for a good girl? Or, should I choose from the girls presently available?

A. If someone cannot remain without a wife and is afraid that by remaining unmarried he may fall into sin, then it is wajib to enter into marriage; he must try, in any case, to teach the Islamic ways and manners to the wife.

If, on the other hand, he may control his emotion and is confident that he can save himself from falling into sin, then it is better to remain unmarried and search for a good wife.

Q49: DIFFERENCE BETWEEN NIKAH AND MUTAA

What is the difference between Nikah and Mutaa? Why is the institution of Mutaa not being widely used in Africa?

A. The differences between permanent and temporary marriages are as follows:-

A woman married by Mut'aa cannot be divorced. The parties become absolutely separated upon the expiry of the period agreed upon.
But the husband may dissolve the marriage of Mut'aa by making to the woman a gift of the remaining term, i.e. to waive his right to her.
The wife, married by Mut'aa cannot be subject to 'ILA' or 'LAAN'
A Mut'aa marriage creates no right of inheritance in either party. But, if there is an express condition stipulated in the formula (Segha) of 'IJAB' and 'QUBUL' the parties would inherit from each other if the death occurs during the period of Mut'aa or its Iddat.
In Mut'aa marriage, the woman's Iddat period extends for two full terms of her monthly course, if she is not pregnant. But if she is pregnant, the Iddat lasts until the delivery of the child. The Iddat of widow is four months and ten days, like a widow of a permanent marriage, if she is not pregnant.

But if she is pregnant, the Iddat of death lasts until the delivery of the child, or four months and 10 days, whichever is longer.

If she is in the age of having her monthly course, but does not have it owing to any reason other than pregnancy, her Iddat will be forty-five days.

There are some other differences but this much is sufficient for all practical purposes. People nowadays see no harm in committing adultery; but are shy of taking advantage of the permissions given by Sheriat.