Your Questions Answered (volume 7)

Q. 40: Character of Rights Q. 50: Minimum Hijab

What is the minimum requirement of Islamic Hijab?

A: Covering the whole head and body except face and hands upto wrist - without decoration (i.e. make up).

Q.5I: MIXED GATHERING:

If a mixed gathering of women and men is organised, and there is no possibility of preventing it, then is attending such a gathering - religious or otherwise -- lawful? A: Attending such a gathering with full observance of the rules and when one does not look at the things which are haram to look at, is without any difficulty in itself. But if it encourages the women to non-observance of the rules of shari'ah then attending such gathering is not lawful.

Q. 52: LOOKING AT FACE OF A GHAYR-MAHRAM MAYYIT:

I shall be grateful if you will kindly advise me if a ghayr-mahram is allowed, in our Shari'ah, to view the face of a dead man (after having been given Ghusl, Hunoot and Kafan). And in the same way is a ghayr-mahram man allowed to see the face of a dead woman? A: The restrictions of hijab which are applicable to or about a person during his/her life, continue to be applied after his/her death too.

Q. 53: WHY DIFFERENT PUNISHMENT FOR WOMEN?

If any of your women are guilty of lewdness, take the evidence of four (reliable) witnesses from amongst you against them; and if they testify, confine them to houses until death do claim them, or Allah ordain for them some (other) way.

If two men among you are guilty of lewdness, punish them both. If they repent and amend, leave them alone; for Allah is Oft-Retuming, Most Merciful. (Qur'an, 4:15-16) Why different punishment meted to women for the same sin?

A: I do not know which translation you have used while writing these questions.You should choose a good translation and avoid confusion which results from motivated and/or mutilated translations. Even some non-Muslims like Arbury have mostly given correct meanings.

In the above quotation, the translator writes in V.16: :If two men among you are guilty of lewdness..." He has added the word 'men' arbitrarily. Does he want to say that the verse speaks about sodomy? Astaghflrullah!

In fact, both verses speak about fornication and adultery. They were revealed in the early Madinite period, when the code of family life was not yet promulgated. In pre-Islamic era, if a married woman committed adultery, she was confined to her room, nobody talked to her, her food was silently put in the room.

In those early days, Allah allowed the Muslims to go on confining them in the house-but not arbitrarily; the said punishment was to be given after four male witnesses have given evidence against them. And the end clause clearly indicates that it was a temporary measure until Allah makes for them some way of release. And that way was opened when it was ordained in the ch. 24 v. 2: "(As for) the fornicatress and the fornicator, flog each of them a hundred stripes..."

The verse 16 speaks about unmarried, man and woman, they are "the two among you" (not, two men among you). That order too was abrogated by the v. 2 of ch. 24. If you think that Islam is prejudiced against women, study the chapter of penal code in any book of masa'il and you will see that in most cases, punishment of women is much lighter than that of men.

Q 54: MUSLIM HUSBAND, CHRISTIAN WIFE:

Is it lawful for a Muslim to marry a Christian woman? A: The Shi'a shari'ah allows a Muslim man to marry a Christian woman in Mut'ah form, i.e in temporary marriage.

Q. 55: MUT'AH WITH A CHRISTIAN WOMAN:

And lastly, I have a son by a woman who I am not married to. While in prison, I've accepted Al-Islam and wish to marry her once I'm released. Can I do so even though she is not Muslim.

If so,can I perform Mut'ah with her now? And do we need, witnesses?

A; If she is a Christian or Jewess, and is not willing to enter into the fold of Islam, you may marry her in mut'ah marriage, i.e. a marriage for a fixed period. That, period may be short or long.. You may marry her for, let us say, 40 years or even more. In this connection, you should understand the following points;-

(a) You should ask her not to use liquor of pork at all. (b) She should agree for the children to be brought up as Muslim. However, you must realize that a subsequent marriage does not make a previously born child legitimate. Islam will not recognise him as your son or heir. You may do mut'ah with her even now. It is better, but not necessary, to have witnesses during recital of the formula of mut'ah.

Q. 56: ARTIFICIAL INSEMINATION OF HUMAN BEINGS:

Does Islam allow artificial insemination of human beings?

A: There can be four situations in this matter: First: Inserting, inside the woman's womb, the semen of her own husband. There is no problem in it and the child will be legitimate.

But it should be kept in mind that the only person allowed to do this "operation" is the woman's husband. No other person, male or female, is allowed to look at the private parts of a woman. However, according to Ayatullah sistani, a person, other than the husband, may look at or touch a woman's private parts if her life is in danger or if she is facing unbearable psychological problems and the cure depends on such looking at or seeing.

In such a case, a lady doctor may be asked to deal with it. If it is not possible, then a male doctor may undertake this responsibility. Also in both cases, it is emphasized that if the "treatment" may be affected by touching without looking at it, then he/she should not look at it; similarly, if the work may be done by looking at it, without touching, then he/she should not touch it.

If the "operation" is done by a doctor, other than the husband, this action will be haram in itself, but it will not affect the legitimacy of the child; he/she will be a legitimate offspring of his/her parents.

These rules concerning the doctor etc. apply to the remaining three ways too; and it should not be necessary to repeat them in every case.

Second: Inserting, inside the woman's womb, semen of someone other than her husband. This act is haram in itself. But if someone does it then the child resulting from this insemination will belong to the man whose semen was used; he will be the child's father as the woman will be his mother; there will be no relationship between the child and the husband of the woman. In short, the child will belong to his/her biolgical parents; all rights and duties as between a parent and a child will be affected here, including the right of mutual inheritance.

But there will be no such rights/duties between the child and the husband of the woman. However, the child will not be called "child of adultery", because adultery implies sexual intercourse between a man and a married woman which had not taken place in this case.

Third: The ovum of the wife is fertilized in vitro with her husband's sperm; and after some time the fertilized ovum is implanted in the wife's womb.

There is no problem in it and the child will belong to his/her legal parents. Fourth: The ovum of a woman is fertilized in virtro with the sperm of someone other than her husband; and then the fertilized ovum is implanted in that woman's womb.

As described in the second situation, this action is haram in itslef; if a child is born it will belong to the woman and that man whose sperm was used. All other details of the second situation will apply here too.

Q. 57: IS SURROGATE MOTHER ALLOWED IN ISLAM?

Nowadays the system of employing "surrogate mother" is spreading. The sperm of a man is inserted into the womb of a woman, other than his wife. They make an agreement with that woman (called, surrogate mother) that she will carry the child for the full term (cir.9 months), but after delivery she will hand over the child to the man whose sperm was inserted; and he and his legal wife will bring the child up as their own child; the surrogate mother will have no contact at all with the child, the surrogate mother is paid heavy remumeration for this "service".

Is this act allowed in Islam?

A: It has been explained in the preceding reply that inserting into the womb sperm of someone other than the woman's own husband is haram.

However, if a woman commits this sin and the sperm fertilizes her ovum which develops into a child, then, as was mentioned above, the child will belong to the woman and that man. (See the Second situation above). The legal wife of that man and the legal husband of that woman will have no relationship with that child. All the details mentioned in the preceding question will apply.

Q. 58: COUPLE'S FERTILIZED OVUM IMPLANTED IN A SURROGATE MOTHER

Concerning the above question about surrogate mother, what does the shari'ah say if the ovum of a wife is fertilized in vitro with the sperm of her own husband, and the fertilized ovum is inserted into the womb of a surrogate mother, who carries it for nine months and after delivery hands the child over to the above-mentioned couple? It is done when the above-mentioned wife is unable to carry the child in her womb because of some health problem A: All the restrictions mentioned in the Question No, 56 under First and Second situations apply here in toto.

As for the child, according to Ayatullah Sistani and a majority of the living mujtahideen, it belongs to the man and woman whose sperm and ovum, respectively, contributed to its creation, i.e. to the said man and his wife.

However, almost all of them say that in the matter of relationship between the child and the surrogate mother, Ihtiyat (Precaution) should be observed. It means that she should be treated at least as a foster mother and her other sons and daughters as foster brothers and sisters.

Q. 59: A NON-MUSLIM IN A MASJID/IMAMBARA

Can a non-Muslim be allowed to enter into masjid or Imambara? Should he be allowed to touch 'alam or taboot?

A: He should not be allowed to enter into a mosque. There is no difficulty if he enters into Imambara. Also, he may touch 'alam or taboot if he does so with respect and reverence.