Your Questions Answered (volume 6)

Q90: One Has Never Paid Khums

Ahmad has not paid Khums since becoming Shi 'a because he thought that he was not subject to khums as he still owed his father some $4000 dollars.

A: It is a misunderstanding. Ahmad should at once fix a financial year for himself. In this case, it is advisable that he should fix at the end of his year on the date he became Shi'a. Then whatever was left on that day from his domestic expenses in cash or kind, he should give its khumus.

But now that day has passed, therefore he should end his year as soon as he gets this letter's directives, and see what is left in grocery and cash - even 5 ounce salt or one pound rice; and take its khumus out.

As for the debt, it does not exempt one from khumus. Let us say, Ahmad owes his father 4000 dollars and the father has put no pressure on him to pay it at once. Before the end of year, Ahmad estimates that his savings would be about 1000 dollars, and before the end of the year he pays an amount of 1000 dollars as part payment of the loan to the father. Then he does not have to pay any khumus at the end of the year because he has got no saving.

But if he delays the payment and the end of the year arrives, then he will have to pay 200 dollars as khumus before he can use the remaining 800 dollars for any thing.

Q. 91: Accounting of Khumus on a certain saving:

Since May 1993 Ahmad started saving for his Hajj expenses. He would have saved enough for his Hajj expenses by February 1995. Need Ahmad pay khumus on his Hajj expenses which amount to $ 6950 dollars before he leaves for Mecca in May, 1995?

A: Keeping in view the above explanations if Ahmad decides, on receipt of this letter, that his financial year will begin on 1st May every year, for example, and end on 30th April, then he will have to pay khumus on the money saved between May, 93 and April 94; but the saving between May 94 and April 95 will not be liable to khumus if he purchases his ticket and other necessary things before 30th April, 95, because it will be counted as the expenses of the year.

All this is a general explanation. You read carefully the book, khumus, of my son and then you may decide for yourself. If you feel any difficulty you may write again

Q. 92: IS MUT'AH LEGALIZED PROSTITUTION?

In 'the Sunday Times' of May 12th 91, an article had appeared that a few Iranian women are against the Mut 'ah Marriage. They say that this is legalized prostitution. Please clear this matter for me. How can we answer these allegations?

A: Is not the "marriage" (in all its forms) just a legalized fornication? Don't they understand that all conditions which are necessary for a Permanent Marriage are necessary in Mut'ah (Temporary) Marriage too. Even the term, Permanent Marriage is misleading, because in Islam no marriage is "permanent". The husband can terminate the marriage by the simple device of Talaq. So where is the "permanency"?

A Sheri'ah which recognizes Talaq, cannot ridicule Mut'ah, because "Marriage +Divorce = Mut'ah."

In fact, some times mut'ah is more merciful to the woman concerned than the so-called "permanent marriage". Suppose a man is on a journey and needs a wife. If he is a Sunni he will perform "permanent marriage"; and the wife will be under the impression that she has married for lifetime. But the husband knows it is only a temporary arrangement. So when time comes for him to return to his place, he divorces her and leaves her in the lurch.

There is another question worthy of attention: If the husband had the intention from the beginning to give her divorce, was the permanent nikah valid? But if he is a Shi'a, he will tell her from the beginning that he wants to marry her only for a limited period - let us say 6 months. Thus if the woman's status and conditions agree with the proposal, she will accept it; otherwise she is at liberty to reject the proposal.

Everyone will agree that the second alternative is more honest, more straight-forward and more in keeping with the woman's dignity.

Q. 93: GHUSL JANABAT AND CONDOM:

If a man uses a condom during sexual intercourse with his wife, is she obligated to take Ghusal Janabat? A: Yes, undoubtedly.

Q. 94: IS IT TRUE THAT A CERTAIN SUNNI SCHOOL OF JURISPRUDENCE PERMITS HOMOSEXUAL ACT WITH YOUNG MEN/BOYS?

A: Imam Abu Hanifah has said: whoever commits sodomy with his slave man or his employee and penetrates, there is no had (punishment) for him. (See Hashiyah of Sharh al-Wiqayah by Allamah Chalapi, kitabul Hudud,, p. 212; also see Imam al-Ghizali's al- Mankhul, Damascus, p. 502)

The same is the fatwa of Imam Malik. And Imam Shafi'i has said that there is no clear order in the Qur'an about it, but according to Qiyas (analogy) it is halal (lawful).

Q. 95: POLYGAMY AND POLYANDRY:

If a women cannot satisfy the desires of a man he can marry once again or enter a contract of Mut 'ah. But if a man cannot satisfy his wife what can she do? Is it that men have more stronger desire than women?

A: Man has been allowed to marry four wives at one time. There is no question whether the present wife can satisfy his sexual urge or not. Therefore, your question is based on a wrong presumption.

Q. 96: DIVORCE UNDER PRESSURE

Some people took me by force to an 'Alim, and pressurised me to divorce my wife; although I did not wish to divorce her, but they compelled me and I signed the divorce paper. I kept the paper for two weeks without informing my wife and then tore it up. The question is: Is that divorce valid? Is my wife divorced from me?

A: As a general rule, divorce under duress or compulsion is invalid. In the case quoted above, even if it were a valid divorce, the husband's behaviour in living with the wife and tearing the divorce paper constitutes revocation of divorce and the wife continues legally married to the husband.

Q. 97: IS ABORTION ALLOWED AFTER RAPE?

If I live in a town, city or village and some unbelievers raped my wife or daughter and impregnated her is it haram to get abortion for her. How would I go about this issue?

A: The punishment in Islam for raping a woman (i.e. having sexual intercourse with a woman other than his wife, without her genuine consent) is death; it makes no difference whether the culprit was a Muslim or Kafir. However, the sentence can be given only by a duly appointed Qadi of Shari'ah, who will look at all the evidence and then decide the case.

As for woman, it will be a sin and crime on her part to abort the foetus. The child will be affiliated to the mother and will be legitimate on her side. The mother and child will enjoy their mutual rights including the right of inheritance from each other.

The fact is that in Islam a child born out of wedlock is considered illegitimate and is not affiliated to either of the physical parents. But there are cases where it is considered a legitimate child as, for example, when at the time of its conception both parties were under the impression of being lawfully married, and then it transpired that it was not so; such a child is affiliated to both parents.

Also in some cases it is considered legitimate on the part of one physical parent, to whom it is affiliated, and illegitimate on the part of the other with whom it has no relationship, as for example in the case mentioned in the question.

Q. 98: ON ATHEIST

According to the Imams (A.S) and the Prophet (S.A. W) what is my responsibility concerning (zanadiqah) atheists? Do I exile him from Muslim land or send him back to Allah by sword?

A: No, sir. You are not to take the law into your hands. As for this particular matter, you should remember that there were a lot of atheists under the Muslims' rule all over Asia, Africa and Europe, but they were not banished or killed.

Q. 99: JIHAD IN SUPPORT OF OPPRESSED MUSLIMS:

I 'm aware that Jihad is haram in the absence of the Imam (A.S), except in defence of life and property. What if Mu 'minun live in a country and the leaders have killed Mu 'minun in large number in another country? What should I do? Just sit and watch? Or should I prepare to fight "Fi-Sabilillah " to protect and help my brothers in that different country and strike a severe blow to unbelievers?

A: You should try to help your Muslim brothers morally, financially, and (if possible.) in person, in their countries where they are being attacked. But not in other places.