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Download The Book ‏ 22nd January 2022 - 19 Jomada II 1443

 

Islam is a complete way of life, and as such it addresses every aspect of human life ranging from personal and family matters to social, economic, political, and spiritual issues. The teachings of Islam are devised, therefore, to enable mankind attain prosperity in this life and in the hereafter.

As part of the measures to attain that prosperity, an adult Muslim needs to conduct his or her affairs according to the teachings of Islam and behave and respond accordingly in all aspects of life. Those issues and affairs range from matters concerning acts of worship to other matters such as family, culture, current affairs, financial transactions, etiquettes, and ethics.

An adult Muslim thus has a duty to learn the teachings of Islam on those issues that he or she might come across in life. Some of those teachings may be readily available, and if not, he or she must learn or seek the answers to one’s queries.

Although every conduct that an adult Muslim performs according to the teachings of Islam constitutes an act of worship, no matter what aspect of life it may concern, traditionally by ‘acts of worship’ it is meant issues such as ritual cleanliness, the obligatory daily prayers, fasting, the hajj pilgrimage, zakah or the Islamic tax, was well as the Islamic doctrine (‘aqa’id).

Acts of Worship or ‘ibadat, as referred to in Arabic, regulate the individual’s association with his Creator, while mo‘amalat, which is the term used to refer to such issues as contracts, deals, or mutual agreements such as trade, lease, loan, and marriage regulate the individual’s relationship with others.

Islam gives significant importance to these two categories of relationships, and in order that mankind is aware of his duties and responsibilities before his creator and with respect to his fellow human beings, Islam lays down detailed laws to regulate those relationships. The significance that Islam attaches in these respects is such that those laws are not only restricted to the obligatory duties, i.e. the wajib and the haram, but they also define and address optional issues; which are categorised as the mostahab (recommended/encouraged), the makrooh (undesirable/discouraged), and the mobah (permissible; mobah is referred to anything that is not categorised as either obligatory or prohibited).

It is adherence to the teachings of Islam in these categories; observing all aspects of obligatory duties and abstaining from all those prohibited that pave the way for the individual’s spirituality and prepare him or her to seek closeness to the Almighty. Other matters that need to be observed are Islamic doctrine and Islamic ethics. It is emphasised in the hadith of the prophet and Ahl al-Bayt that through total adherence to fulfilling the obligatory duties and abstaining from the prohibition that Islamic spirituality is acquired. The quest for seeking nearness to the Almighty and day-to-day conduct or observance of the teachings of Islam go hand in hand. Adherence to all the teachings of Islam as taught by Allah’s Messenger and his pure Ahl al-Bayt, peace be upon them all, prepares the individual to acquire nearness to the Almighty. To show the effect of observance of halal and haram, Imam Rida, peace be upon him, narrates from his father, grandfather, and forefathers that Allah’s Messenger, peace be upon him and his pure family, said: “He who purifies his conduct and is sincerer in worship for Allah for forty days, Allah would burst the wells of wisdom in his heart, thus flowing on his tongue.” (Book of Bihar Al-Anwar, Volume 53 Page 326)

What is required is complete adherence to His teachings if we are to attain any degree of nearness to Allah Almighty, and there is simply no alternative to that.

Experts in Islamic Law, i.e. the mujtahids in amongst the Muslim scholars, use such sources as the Holy Qur’an and the sunnah or teachings of Allah’s messenger for deriving the Islamic rulings concerning various domains. In turn, the general public, those who are not experts in Islamic law, seek clarification about their Islamic duties and responsibilities by referring to the mujtahids. It is obligatory for every adult who is not a mujtahid himself to refer to a mujtahid who is fully qualified – i.e. marje‘ taqleed – for identifying and fulfilling his or her duty and responsibility. In a bid to make them more accessible, when a fully qualified mujtahid assumes the office of a marje‘ he collates his decrees and rulings concerning the Acts of Worship (‘ibadat) and Contracts (mo‘amalat) in a book known as al-Risalah al-‘Amaliyyah.

Normally the Risalah ‘Amaliyyah work is detailed and they may contain more than 3500 queries and postulations, all of which may not be immediately required or necessary for most people. Furthermore, sometimes the material is traditionally in technical manner and they may not be as user-friendly as the layman or novice reader may wish them to be, in which case the reader may need to refer to an expert for explanation.

The compilation prepared in this presentation is designed to be more practical for a broad spectrum of readers particularly the layman or the novice user. This is realized through selecting only the queries and postulations of the Risalah ‘Amaliyyah that are required or encountered more often by the average user, while explaining and clarifying the topics concerned if required. Furthermore, also included in this presentation are those queries that are not normally found in the traditional Risalah ‘Amaliyyah but are frequently asked by the faithful, together with the corresponding answers given by the office of the Marje‘ Grand Ayatollah Sayyid Sadiq Husayni Shirazi.

The Risalah ‘Amaliyyah of most scholars, past and present, are generally very similar in structure. However, the presentation of this collection of Islamic law has somewhat different arrangement to the traditional works.

1) This compilation covers all topics that are normally covered in a traditional Risalah ‘Amaliyyah, but presents a selection of materials, which are frequently needed by a broad spectrum of users, and in particular the non-expert and novice user. Book One of this work covers issues such as ijtihad and taqleed (emulation), ritual cleanliness, daily prayers, fasting, hajj, khums and zakah.

2) In addition to the classical structure of such work, new topical chapters are also added that are not normally found in the traditional Risalah. These are topics such as culture and development, freedom, human rights, social and personal reform, peace and non-violence, medicine, immigration, morality and ethics. These topics are covered in Book Two.

3) Furthermore, some of the questions that have been submitted by the faithful to the office of the marje‘ together with their corresponding answers are also presented in this work. Such Q & A are not normally given in the traditional Risalah.

4) On the issue of the presentation of this work, some restructuring have been made compared with the traditional Risalah, and thus relevant issues are grouped together. For example, the rulings concerning women, hijab, marriage, divorce, and marital issues, will, inheritance are grouped under the title of the Family. The reason for this restructuring is the topical categorisation of the subject matter and the ease of use.

This work therefore combines the essence of the traditional Risalah together with benefits of contemporary additions.

Book One has already been published separately, and this work is the combined books One and Two.

Although the technical terms used in this work are normally defined on first occurrences, also presented is a glossary of technical and Arabic terms used in the work, which serves as a useful and informative table of the terminologies. Explanatory notes given within [ ], in the footnotes are the editors’, and so too are the materials given in the Appendix.

 

Contents

 

Foreword. xi

BOOK ONE: ACTS OF WORSHIP   1

Part One:  Ijtihad and Taqleed  3

Definitions. 7

Mujtahid and Moqallid. 8

Criteria of a Mujtahid. 8

Shura al-Fuqaha or Wilayat al-Faqih. 17

Part Two: Taharah  19

Chapter One: The Unclean or Najasat 21

Categories of Najasat 21

Chapter Two: The Purifiers or Motahhirat 30

Categories of Motahhirat 30

Chapter Three: Queries on Taharah. 45

Rulings for household utensils. 45

Chapter Four: Lavatory and Toiletry. 55

The rulings concerning the use of lavatory. 55

Istibra’ 56

Chapter Five: Categories of Personal Taharah. 58

A) Wodu’ 58

Things that invalidate wodu’ 59

Procedure of Wodu’ 59

Criteria of Wodu’ 62

Rulings of Wodu’ 65

Jabirah Wodu’ 75

Rulings of Jabirah Wodu’ 75

B) Ghusl 76

Obligatory Ghusls. 76

Ghusl of Janabah. 77

Rulings on Ghusl 80

Ghusl of the three bloods. 85

Ghusl of touching the corpse. 86

C) Tayammum.. 87

Rulings of Tayammum... 91

Chapter Six: The Three Bloods. 95

Hayd or Menses. 95

Rulings of Hayd. 97

Prohibitions for the Ha’id. 97

Hayd Ghusl 99

Types of Ha’id. 100

Istihadah. 108

Categories of istihadah. 108

Rulings of istihadah. 109

Nifas. 113

Rulings of Nufasa’ 113

Part Three:  Salah  115

Chapter One: The Daily Obligatory Salah. 119

Preliminaries of the Daily Salah. 119

1. The Times of Salah. 119

Rulings of Salah’s Time and Sequence. 123

2. The Qiblah. 127

3. The Mosalli Clothing. 129

4. Place of Mosalli 138

5. Adhan and Iqamah. 144

Chapter Two: The Acts of Salah. 147

Obligatory acts of Salah. 147

Rukn or key-elements of the Salah. 147

Details of obligatory acts of Salah. 148

Criteria for validity of Salah. 167

Quonoot in Salah. 168

Ta‘qeebat of Salah. 169

Invocation of Allah’s Blessings upon the Prophet 170

Invalidation, abandonment and doubt 170

Conditions when Salah is invalidated. 170

Aborting the Salah. 174

Doubts. 174

Ihtiyat Salah. 182

Chapter Three: The Nafilah Salah. 189

Salat-al-Layl (Night Prayer) 189

Ghufaylah Salah. 191

Chapter Four: The Qada’ or missed Salah. 194

Queries on missed prayers. 197

Chapter Five: Congregational Prayer 200

Rulings of congregational prayers. 200

Criteria of Jama‘ah Imam... 205

Rulings of Jama‘ah. 206

Queries on congregational prayers. 209

Chapter Six: Salah of Traveller 217

Criteria of traveller salah. 217

Miscellaneous issues on salah. 226

Salah and new developments. 229

Chapter Seven: The Friday and Eid’s Salah. 230

Ruling of the Friday Salah. 230

Ruling of the Eid Salah. 231

Procedure for Eid Salah. 231

Salat al-‘Eid for ‘Eid al-Ghadir 232

Chapter Eight: Salat al-Ayat 233

Occasions of its obligation. 233

Procedure of Salat al-Ayat 234

Part Four:  Fasting  237

Chapter One: Fasting. 239

Those for whom fasting is not mandatory. 239

Establishing the Beginning of the Month. 240

Niyyah (Intention) 241

Chapter Two: Invalidators of Fast 245

Chapter Three: Rulings of Muftirat 251

Kaffarah for not Fasting. 251

Chapter Four: Zakat-al-Fitrah. 257

Disposal of Zakat-al-Fitrah. 259

Chapter Five: Rulings of Qada’ Fasting. 261

Chapter Six: Rulings of Fasting for Traveller 263

Queries on Fasting and Travelling. 264

Chapter Seven: Prohibited, Discouraged and Mostahab Fasting. 267

Chapter Eight: Miscellaneous Issues on Fasting. 270

Health and medical conditions and fasting. 272

Part Five:  Hajj 275

Chapter One: Hajj 277

Criteria for Hajjat-al-Islam Obligation. 278

Matters that fulfil criteria of “ability” (istita‘ah) 279

Hajj by grant 281

Chapter Two: ‘Umrah of Tamattu‘ 282

Rites of Umrah of Tamattu‘ 282

Chapter Three: Hajj of Tamattu‘ 289

Rites of Hajj of Tamattu‘ 289

Chapter Four: Queries on Hajj 294

Part Six:  Zakah  303

Chapter One: Khums. 305

Categories of Assets Liable to Khums. 305

Chapter Two: How to Calculate Your Khums. 313

1. Decide on the start of your khums year 313

2. Khums on Surplus Cash. 316

3. Khums on items surplus to requirement 321

4. Bank Interest Khums. 327

5. Matters in which Mosalahah apply. 330

Disposal of Khums. 330

Chapter Three: Queries on Khums matters. 332

Chapter Four: The Rulings of Zakah. 343

Items liable to Zakah. 343

Criteria for Liability to Zakah. 343

Zakah of the Four Crops. 344

Zakah of the Two Cash Metals: Gold and Silver 346

Zakah of the Three Cattle. 348

Queries on Cattle. 350

Disposal of Zakah. 351

Criteria of those qualifying for Zakah. 354

Time of Paying Zakah. 355

Priority of Zakah and Khums over other things. 356

 

BOOK TWO: CULTURE, ECONOMICS, ETHICS  357

 

Part One:  Striving and Social Reform    359

Chapter One: The Greater Jihad. 361

Chapter Two: The Lesser Jihad. 383

Chapter Three: Devotion and Disownment 392

Chapter Four: Bidding Good and Forbidding Evil 394

Chapter Five: Peace and non-Violence. 399

Part Two:  Morals and Character Building  405

Chapter One: Youths’ Affairs. 407

Chapter Two: Morals and Ethical Manners. 425

Chapter Three: On sexual issues. 434

Part Three:  Social and Family Matters  439

Chapter One: Rulings of Attire, Looking, and Socialising. 441

Chapter Two: Women Issues. 450

Status of Woman in Islam... 450

Woman’s hijab and adornment 451

Woman and career 459

Woman’s Rights. 465

Woman’s exclusive role. 470

Woman and divorce. 476

Chapter Three: Family and Married Life. 481

Marriage. 481

Rulings of indefinite marriage. 489

Rulings of fixed-term marriage. 494

Difference between indefinite and fixed-term marriage. 495

Women who are haram to marry. 500

Miscellaneous marriage queries. 502

On procreation, and parents-offspring relationship. 507

Abortion. 508

Rulings of embryo and foetus. 510

Rulings of Breastfeeding. 511

Those who become mahram through breastfeeding. 513

Child’s Wealth. 515

Discipline. 518

Divorce. 520

Categories of Divorce. 523

Miscellaneous rulings on divorce. 526

Chapter Four: Death, Will, and Inheritance. 528

Rulings concerning death. 528

Ritual Washing of the Deceased. 530

Shrouding the deceased. 533

Prayer of the deceased. 535

Rulings of Burial 539

Miscellaneous burial issues. 542

Rulings of Will 549

Rulings of Inheritance. 554

Part Four:  Food and Drink  561

Chapter One: Slaughtering and Hunting of Animals. 563

The Shari‘ah method of slaughtering. 563

Rulings of hunting with weapons. 566

Hunting by Hound. 568

Fishing. 569

Miscellaneous issues on slaughter and hunting. 572

Chapter Two: Rulings of Food and Drinks. 574

Part Five:  Culture and Development 581

Chapter One: The Holy Qur’an and Qudsi Hadith. 583

On the Authenticity of the Holy Qur’an. 583

Qur’an Education. 586

Istikharah with the Holy Qur’an. 590

Qudsi Hadith. 592

Chapter Two: Prophetic Hadith and Narrations of Ahl al-Bayt 593

Tragedies of Our Lady Fatima al-Zahra’ 595

Reappearance of Imam al-Mahdi 595

Meeting Imam al-Hujjah. 598

Hallaj cursed by Imam Mahdi 598

Chapter Three: Muharram and the Husayni Rites. 601

The Tradition of ‘Ashura’ 605

On the Rites of ‘Ashura’ 607

Tatbir 608

The Origins of Shedding Blood for Imam Husayn. 616

Enacting the Events of Karbala’ 621

Chapter Four: Freedoms and Human Rights. 627

Freedoms. 627

Human Rights. 633

Other Rights. 636

Chapter Five: Governance. 641

System of Governance. 641

Council of the Fuqaha’ Maraje‘ 643

Political parties. 645

Chapter Six: Medical Issues. 650

Abortion. 650

IVF or in vitro fertilisation. 651

Surrogacy. 653

Cloning. 654

Implants and transplants. 656

Medical experiments on humans. 660

Medical treatment and Shari‘ah criteria. 661

Patients’ examination and care. 661

Autopsy. 662

Sex Change Rulings. 665

Chapter Seven: Singing and Music. 667

Chapter Eight: Media and Art 673

Chapter Nine: Rulings on Diverse Issues. 683

Part Six:  Emigration to Non-Islamic Countries  687

Chapter One: Rulings on Emigration. 689

Chapter Two: Marriage with non-Believers. 696

Chapter Three: Prayers and Ritual Cleanliness. 700

Part Seven:  Economics and Transactions  707

Chapter One: Outline of Islamic Economic Policies. 709

Shari’ah Monetary Duties. 710

Chapter Two: Trading, Buying and Selling. 713

Categories of Earnings. 714

Prohibited trade or business. 715

Transactional Usury. 717

Loan Usury. 719

Categories of Transactions. 731

Chapter Three: Contracts and Transactions. 742

Rulings on Right of Precedence (Shuf‘ah) 742

Rulings on Partnership (sharakah) 743

Rulings on Investment (mudarabah) 745

Rulings on Settlement (sulh) 747

Rulings on Lease (ijarah) 748

Rulings on Cultivation scheme (Mozara‘ah) 752

Rulings on Irrigation scheme (Mosaqah) 754

Rulings on Loan/Borrowing (qard) 755

Rulings on Debt Transfer (hawalah) 757

Rulings on Security (rahn) 758

Rulings on Surety (daman) 759

Rulings on Banks. 760

Bank Loans. 762

Banking career 763

Miscellaneous Monetary Matters. 764

Lawyer’s career 769

Commission. 770

Rulings on Competition & Betting. 771

Chapter Four: Deposits and Grants. 777

Rulings on Reward (ju‘alah) 777

Rulings on Agency (wakalah) 778

Rulings on Admission (iqrar) 779

Rulings on Grant (hibah) 780

Rulings on Charity (sadaqah) 782

Rulings on Barring (hajr) 785

Rulings on Bail (kafalah) 788

Rulings on Deposit (wadi‘ah) 788

Rulings on Lending (‘ariyah) 790

Chapter Five: Public Resources, Covenants, and Expiations. 792

Rulings on the developed and undeveloped lands. 792

Rulings regarding the Find. 796

Rulings on Usurpation. 802

Rulings on Vow, Covenant, and Oath. 805

Rulings on Oath. 812

Rulings on Expiation (Kaffarat) 815

Part Eight:  Foundations and Endowments  821

Chapter One: Foundations and Societies. 823

Charitable Organisations. 823

Public institutions and unions. 827

Political Institutions. 829

Business Institutions. 831

Chapter Two: Rulings of Endowment 833

Part Nine:  Penal Code and Punishment 839

Chapter One: The Law.. 841

Adequacy and Competence of Islamic Law.. 841

Groundless Criticisms. 841

Chapter Two: Rulings of the Judiciary and Witnesses. 846

Attributes of the Judge. 846

Chapter Three: Rulings of Expiations & Punishment 850

APPENDIX   859

Quick Chart for Salah. 861

Outline Procedure for Salah. 863

On the Distinctions of the Islamic Society. 869

Islam and Ethics are Twins. 870

The Obligatory. 870

The Prohibited Conducts. 875

Unethical Conducts. 886

Ethical Conducts. 890

The Fourteen Infallible (ma‘soom) Personages. 893

Months of the Islamic Calendar 897

Glossary  899

Transliteration  923

The Author  927