Some Confusions- Industrial Alcohols vs. the Intoxicants

Interesting reading (see posts by user Abdul Hussain).

Namely:

All kinds of alcohol (whether extracted from wood or other sources) is pure, not najis. So, the medicines, the perfumes, and the food containing alcohol are pure and can be used. It is also permissible to eat such food if the amount of alcohol is very minute, e.g., 2%.

The differentation here is Alcohol which is liquor and intoxicating, i.e which is liquid in origin and underwent the process of fermentation (e.g wine), and that which is not liquid in origin, is not intoxicating and did not undergo fermentation (e.g ethyl alcohol). Personally, I like to use the phrases liquor alcohol to describe the first and industrial alcohol to describe the second. So, it becomes apparent that there is no conflict in the rulings.

It's actually incorrect to say that the ruling is based on the potabilty, though you would be correct to assume that it is the differentiating factor, because the deduction of the ruling comes from the verses and hadiths showing the impermissibilty of firstly drinking alcohol and then it being najis. The scholars of previous times have said that the "intoxicant which is liquid in origin is najis" [Luma'a v1 p22] which shows that even then there was a distinction made between that which is liquid in origin and not. With the development of science a wide variety of chemicals not intoxicating or not liquid in origin have come under the category of alcohols, which is why the fuqaha have exercised precautions in the matter. Thus, what can be drunk as an intoxicant (assuming it is liquid in origin i.e fermented) would be classified as najis, and that which is not drunk as an intoxicant (ethyl alcohol is poisonous dose-related) and is derived from other sources would be classed as tahir either by precaution or as a direct ruling.

That's why fragrances, medicines and most other alcohol-containing consumer products are classed as tahir for use. [There is some controversy over vanilla extract because of the type of alcohol used in the extraction process].

Why do we mourn Imam Hussayn?

Answers are provided by Sayyid Sistani

Question :
What is the philosophy of Azadari (mourning and lamentation) for Imam Husain?

Answer :
There is no doubt that the tragedy of Kerbala, when ascribed to the killers, is a criminal and terrible act. However when ascribed to Husain (A) himself, it represents a conscious confrontation and a courageous resistance for a sacred cause. The whole nation had failed to stand up to Yazid. They had succumbed to his will, and deviation and regression towards the pre-Islamic ways were increasing.

Passiveness by Husain (A) in this situation would have meant the end of Islam as we know it. Thus Husain (A) took upon himself the responsibility of the whole nation. The greatest tragedy was that one who stood up for the noblest of causes, the defense of Islam, was cut down in so cruel a manner.

It is for this reason that the sacrifice of Husain (A) is commemorated annually throughout the Muslim world. Our sorrow never abates as we relive the tragedy.

The commemoration of Ashura on the 10th of Muharram every year serves to remind us of the sacrifices of the family of the Prophet (S). It also makes us aware of the people, then and now, who tried to destroy Islam and the family of the Prophet (pbuh) and all that they stood for - as well as those who watched, listened and did nothing.

It's Eid for the year 1432 H or 2011

In the Name of Allah the Compassionate Most Merciful

The Office of H. E. Sayyid Seestani in Najaf-al-Ashraf hereby declares to distinguished Momineen that the Shar’i sighting been ascertained by H. E. (long may he live) and that tomorrow Wednesday is the first day of the venerable month of Shawwal in Iraq and all Arab countries and most Islamic countries like Iran, Afghanistan, Pakistan, Bangladesh, Indonesia, Malaysia as well as in India, Thailand, Australia, New Zealand and the United States and Central America.

As for most European countries like Britain, France, Germany, The Netherlands, Belgium, Scandinavian countries and Canada Thursday will be the blessed day of Eid-ul-Fitr. May all Muslims witness [this Eid] again, by the grace of Allah, with goodness and blessings.

http://www.najaf.org

The Holy Month of Ramadhan begins today

In The Name of Allah The Compassionate The Merciful

This is from Sayyid Sistani website.

Peace and blessings be upon Mohammad and his pure household

Tuesday 2 August 2011 is the first day of blessed month of Ramadhan 1432 A.H in the United Kingdom and European countries – except for Scandinavian countries for there is no possibility of sighting the new moon there tonight, the first of Ramadhan will be on Wednesday 3 August.

We ask Allah (swt) to accept everyone’s fasting and A’mal and to bestow victory upon Islam and Muslims For He is All Hearing and He Answers Prayers

Wassalamu alaikum Wa Rahmatullah Wabarkatoh

[LAWS] Is a brain-dead person really dead?

Question:

Some people believe that a brain-dead person is a dead person, even if the heart has not yet stopped and that it will definitely stop after that. This is what the doctors say. Is a person who has been pronounced brain-dead be considered dead, even if his heart is still working?

Answer from Sayyed Sistani:

The criterion in applying the term “dead” in so far as the application of religious laws goes is the common perception of people, in the sense that they would call him “dead”. And this is not proven in the situation mentioned in the question.

ref: http://www.najaf.org/all/index.php?l=ENG&c=q_a&keyword=&type=&to=&page=10

Don't ask your marja to interpret dreams

Question: I have seen a dream that has made me very anxious, will His Eminence interpret it for me?

Answer: Grand Ayatollah Sistani does not interpret dreams. Should you have any questions in the area of Fiqh (jurisprudence) and ideological matters, do not hesitate to email us. link

What is Taqleed and Ejtehad?

Islamic Laws according to Sayyed Sistani

Question: What does Taqlid mean in religious laws?

Answer: Taqlid in religious laws means acting according to the verdict of a Mujtahid. It is necessary for the Mujtahid who is followed, to be male, Shi'ah Ithna Ash'ari, adult, sane, of legitimate birth, living and just ('Adil). A person is said to be just when he performs all those acts which are obligatory upon him, and refrains from all those things which are forbidden to him. And the sign of being just is that one is apparently of a good character, so that if inquiries are made about him from the people of his locality, or from his neighbors, or from those persons with whom he lives, they would confirm his good conduct. And if one knows that the verdicts of the Mujtahids differ with regard to the problems which we face in every day life, it is necessary that the Mujtahid who is followed be A'lam (the most learned), who is more capable of understanding the divine laws than any of the contemporary Mujtahids.

Question: Who is a Mujtahid? What are the specific criteria a Mujtahid should have?

Answer: Mujtahid is a jurist competent enough to deduce precise inferences regarding the commandments from the holy Qur'an and the Sunnah of the holy Prophet by the process of Ijtihad. Ijtihad literally means striving and exerting. Technically as a term of jurisprudence it signifies the application by a jurist of all his faculties to the consideration of the authorities of law with a view to finding out what in all probability is the law. In other words Ijtihad means making deductions in matters of law, in the cases to which no express text is applicable.

Question: What are the ways through which I can identify the most learned of Mujtahids?

Answer: There are three ways of identifying a Mujtahid, and the A'alam:

1. When a person is certain that a particular person is a Mujtahid, or the most learned one. For this, he should be a learned person himself, and should possess the capacity to identify a Mujtahid or an A'alam;
2. When two persons, who are learned and just and possess the capacity to identify a Mujtahid or the A'alam, confirm that a person is a Mujtahid or an A'lam, provided that two other learned and just persons do not contradict them. In fact, being a Mujtahid or an A'lam can also be established by a statement of only one trusted and reliable person;
3. When a number of learned persons who possess the capacity to identify a Mujtahid or an A'lam, certify that a particular person is a Mujtahid or an A'lam, provided that one is satisfied by their statement.

What is backbitting?

Islamic-laws according to Sayyed Sistani:

Question: What is the proper definition of 'backbiting'? Please, give some references from the Quran and Hadith also.

Answer: Backbiting means “speaking ill of a believer in their absence with the purpose of disparaging or not, and no matter whether the alleged shortcoming was related to his body, lineage, behaviour, deeds, statements, religion, or life, and other defects which are [usually] concealed from the people. Similarly, it does not matter whether the description was done by words or by gesture.”

Almighty Allãh condemned backbiting in His noble Book and has described it such that mind and body feel abhorrence towards it. He said, “And some of you should not backbite the others: would anyone of you like to eat the flesh of his dead brother? No, you abhor it.” (Al-Quran 49:12)

The Prophet (s.a.w.) said, “Be careful of backbiting because backbiting is worse than adultery, in that a person who commits adultery can repent and ask forgiveness from God, and Allãh can forgive him whereas Allãh will not forgive the backbiter until the person who was at the receiving end forgives him.”

It is not appropriate for a believer to listen to backbiting against his believing brother. Indeed, it appears from the sayings of the Prophet and the Imams (may Allãh bless them all) that it is obligatory upon one who hears backbiting to support the person who is being disparaged; and that if he does not repel the backbiting [against his believing brother], Allãh will abandon him in this world as well as in the hereafter, and he shall be held accountable just like the one who did the backbiting.

Do you please your family or your wife?

I read a really good advice given by Sayyed Sistani. This is taken from his website.

Question: A man is put in a situation that he either pleases his family or pleases his wife: should he divorce his wife in order to please his family or should he do the opposite?

Answer: He should adopt the situation that is best for his religion as well as his world, that he should be inclined towards justice and equitability, and refrain from injustice and violation of the rights [of others].

Dancing

Q and A taken from Sayyed Sistani website
http://www.najaf.org/all/index.php?l=ENG&c=q_a&keyword=&type=&to=QUE&page=17

1. Is it permissible to learn dancing?
It is not allowed at all, as a matter of obligatory precaution.

2. Is it permissible to organize dance parties where each husband dances only with his own wife to the sound of soothing musical tunes, wearing dresses that are not indecent?
It is not allowed.

3. Is it permissible for women to dance in front of other women or for men to dance in front of other men in a gender-wise segregated gathering with or without music?
Dancing of women in front of women or dancing of men in front of men is problematic, as a matter of obligatory precaution, one must refrain from it. The rules governing music have already been discussed earlier.

4. Is it permissible for a wife to dance for her husband with music or without music?
It is allowed as long as dancing is not accompanied with haram music.

5. Some schools in the West make it obligatory that their male and female students learn dancing. This dancing is neither accompanied by the common song, nor is it for entertainment; it is part of the educational curriculum. So, is it haram for the parents to allow their sons and daughters to attend such classes?
Yes, if it contravenes the religious upbringing. Rather it is, based on obligatory precaution, forbidden absolutely, if the student has reached the age of maturity — except if he has a valid reason for approving of it; for example, if he follows a mujtahid who allows it. In the latter case, nothing prevents him from allowing his child to take part in [such activity].

Ways to identify a learned Faqih (Expert in the Islamic laws)

I found the following Q&A at Sayyed Sistani website (najaf.org). Mostly, these questions are about learned men who are able to distinguished the most knowledgeable scholar (a’lam). 

The jurists tell us that it is wajib to emulate the most learned (a'lam) mujtahid, and when we ask the religious scholars in our area, "Who is the a'lam?" we do not get a clear-cut answer so that we may follow his fatwa. When we ask them about their answer, they say that they are not ahlul khibra and they also say that: "we have asked ahlul khibra* and have been informed that identifying the a'lam mujtahid requires the study of the books of the mujtahids and that obviously is a time consuming and difficult task; so go and ask the others." If the problem of identifying the a'lam mujtahid is so difficult in religious circles, obviously the problem would be even more difficult in other countries like Europe and America. After a lot of difficulty when we convince the youths of these countries that it is necessary to abide by the shari'a laws, we reach to the question of who is the a'lam, and find ourselves lost for words. Is there a solution to this problem?

Answer

If there are some ahlul khibra who refuse to identify the a'lam for one reason or another, there are other ahlul khibra who readily identify him. It is possible to contact those ahlul khibra through the religious scholars and others who are reliable and have contacts with religious seminaries and with the scholars in other countries. So, although identifying the a'lam is not without difficulty, yet it is not a serious problem.

How do we know who ahlul khibra are so that we may ask them about the a'lam mujtahid? How do we reach them since we are far away from religious seminaries? Is there a way that can simplify for us the process of determining whom we should follow in taqlid?

Answer

The ahlul khibra are the mujtahids and those next in line in religious sciences, and they know quite well that one person in a limited group of mujtahids is the a'lam. And they have to consider the following three things to identify that a'lam: 

First: His knowledge concerning the methods for providing the authenticity of the hadith, and that involves 'ilmu 'r-rijal (the science of narrators of hadith) and 'ilmu 'l-hadith (the science of hadith). On this subject, issues like familiarity with the books [of hadith] and the ahadith that have been tampered with; knowledge of causes for fabrication [of ahadith]; variance in the manuscripts and distinguishing the most correct one; and being aware of confusion which sometimes occurs between the text of a hadith and the explanation of the compilers, are of utmost importance. 

Second: His ability to understand the meaning of the text by considering the general rules of speech, especially the style used by the Imams of Ahlul Bayt (a.s.) in describing the laws. The science of 'usûlu 'l-fiqh (Principles of Jurisprudence), Arabic grammar and literature, as well as familiarity with the views of the Sunni jurists who were contemporaries of the Imams play an important role in the understanding of the hadith texts. 

Third: Soundness of his view in deriving the rules from the sources. And the method of getting acquainted with those in whom the status of a'lam is confined to having scholarly discussions with them or to referring to their books or to the transcripts of their lectures on Jurisprudence and the Principles of Jurisprudence. If a person cannot know the ahlul khibra by himself, he can come to know them through the religious scholars and others whom he trusts. The geographical distance should not be a barrier to establishing communication with them in this era where many fast means of communication are easily available.

Sometimes the heart feels at ease in regard to a particular mujtahid. Is this feeling sufficient to do his taqlid if the ahlul khibra have difference of opinion in determining the a'lam?

Answer

If the ahlul khibra have difference of opinion in determining the a'lam, one must follow the view of those who are more qualified and capable among the ahlul khibra. This is the norm in dealing with all cases where the experts have difference of opinion.

If the ahlul khibra have difference of opinion in determining the a'lam mujtahid or just say that following any one from the given number of mujtahids is sufficient, can a person apply the fatwa of one mujtahid in one issue and another mujtahid in another until it becomes clear for him who is the a'lam?

Answer

This question has three parts: 

First: That some ahlul khibra announce that "it is sufficient to follow one specific mujtahid or of a group of mujtahids." This has no religious value at all. 

Second: That the ahlul khibra announce that two or more mujtahids are equal in knowledge and piety (in the sense of being careful in deriving the laws [from their sources]), then a lay person has the option of acting according to the views of any one of the mujtahids in all the issues. However, as a matter of precaution (ihtiyat) in some issues, if possible, one could act in such a manner as to fulfill the requirements of both views; for example, in the case of praying concessionary qasr and full (tamam) prayers. [That is, praying the same prayer in qasr as well as in tamam forms.] 

Third: That some ahlul khibra announce that mujtahid 'a' is the a'lam whereas others among the ahlul khibra announce that mujtahid 'b' is the a'lam. This can have two situations: A person knows that one of the two mujtahids is the a'lam but he does not know which one specifically. This is a very unusual situation and it has been discussed in detail in Minhaju 's-Saliheen, question No. 9. A person does not know which of the two is the a'lam in the sense that he thinks both are equal in knowledge. This refers back to the second of the three parts mentioned above, provided that the person is unable to identify the more Godfearing of the two mujtahids. If he is able to identify the more Godfearing of the two mujtahdis, he must follow the fatwa of that mujtahid.

If a person does not know the view of his marja', in a certain problem, is it necessary for him to find out about it even if it involves expensive telephone calls? Or is it sufficient to act on the known view of any other mujtahid until he finds out the view of his own marja'? And in such a case what will be the verdict on the past acts [done according to the view of the other mujtahid] if it differs from the view of his own marja'?

Answer

It is necessary for him to find out the view of his a'lam marja' even through telephone contact as long as it does not cause him harm [physically or financially]. If it is not possible for him to find out the view [of his own marja'], it is permissible for him to refer in that particular case to the other mujtahids, taking into account the hierarchy of the al-a'lam and the next a'lam in line. The deeds performed according to the view of the second mujtahid would be valid even if the worshipper later on finds out that it was not in accordance with the view of his own marja'.

http://www.najaf.org/all/index.php?l=ENG&c=q_a&to=QUE