Ijtihad Method

 

 

 

About Ijtihad, Tir 1386 S.H.

In the Name of Allah, the Beneficent, the Merciful

Then prayer and peace be upon our Prophet and his immaculate progeny especially Bagiiat-allah-fi-ilarazein, may the almighty Allah hasten his reappearance, and may Allah facilitate his way out, and may Allah put curse on all his enemies from now on until the day of judgment.

The almighty God says in his eminent book
“He it is Who has revealed the Book to you; some of its verses are decisive, they are the basis of the Book, and others are allegorical;then as for those in whose hearts there is perversity they follow the part of it which is allegorical, seeking to mislead and seeking to give it [their own]interpretation…”
Sura. Al-i-Imran, Aya.7

There is a lot to say about the holy verse above, however what now impels one to speak of unutterable words is that some interpret the verses of Quran as being in accordance with human rights laws and on reflections that exist in western communities, lest anyone find fault with Quran and the religion of God, not to mention this school of thought has started since the day of revelation of Quran and some people who have interpreted Quran by their own point of view and in agreement with their own passion have been found since that day, and there have been hadiths narrated concerned with this issue, and eisegesis is prohibited, and the verse from Sura. Al-i-Imran mentioned above is applicable to this kind of people.
Today we see that they interpret the Qisas verse(the woman for the woman)as it implies the equality of man and woman in Qisas and the man is killed for the woman, they interpret it in a way to make use of , and they name it an interactive Fiqh …, seemingly unaware that the verse implies that the woman is killed for the woman, and not the man for the woman, and finally, the fact that the verse has not said "the man for the woman" denotes that it is necessary to be of the same sex, and the man is not killed for the woman, and furthermore narrated hadiths concerned with this issue prove the matter.
Recently I read an article that has criticized Sayyid Tabatabaei Yazdi : “The word ‘Ma'ruf ’ has been repeated twelve times in Quran (consort with them bial-Ma'ruf -in kindness- or release them bial-Ma'ruf –in kindness-), Ma'ruf is opposite of Munkar , to be a ‘Ma'ruf’ means to be none of wickedness, cruelty and ugliness. Nevertheless someone like Sayyid Yazdi in ‘Al-urwah’ wrote that "it is Mustahabb to marry multiple women", and doesn’t care that it is favored by the prior wife or not, nor the prior wife would commit suicide or not! …” and then mentions some matters that are shameful to be written.
And then it continues: “Does this accord with "consort with them in kindness"? If the thing is predicated on assumption of a universal and unconditional reason, man could behave in this way and marry multiple women without the permission of his wife; in that case does the term "consort with them in kindness" impose conditions or put limitations on it?! One of the elders used to say that unconditional Javaz(=a scientific term in Figh means that an action which is not Haram)- marriage with multiple women- is not predicated on anything - let alone it being a favorable action-, but the Javaz of that is contingent upon its being Ma'ruf.”
Look at ‘Keramat-e-Islam’ journal, vol.4, Khordad 86, page 8.
These words belong to a person who think of himself as a Faqih (=a specialist in the knowledge of fiqh) and thinks in this way. Could this word be admitted, or is it admissible? There is a lot to say in response to these words, but what I briefly mention for now is that he has made a big mistake in giving an exegesis of this verse, because the meaning of "consort with them in kindness" is not that one doesn’t do anything because of which his wife becomes upset, but it implies that at home one must not be cruel to his wife and deprive her of her rights such as Kaswe and Nafaghe and Mahr. Also in response to the article "Yes if the wife herself is satisfied, it would be another matter. Some women marry her husband to another woman and they could live together for a long time." we have to say that these words are fictitious, which woman would marry another woman to her husband, and if there exist any of them, they’re scarce and extinct and they do it due to an emergence.
Is it right to say that the holy verse “then marry such women as seem good to you; two, three, four of them” chapter. Nisaa, verse no.3, implies such a scarce event? Is it not inappropriate for someone who claims to be a Faqih to think in this way?
Isn't the Javaz predicated on the practicalities since the time of the prophet (Peace and blessings be upon him and his progeny), whether or not woman is pleased with it?
Were the prior wives pleased or were they satisfied with it when the prophet (Peace and blessings be upon him and his progeny) and Amir-al-Mumenin and his immaculate children (peace be upon them) married several women even with such an economic condition?
Have you not seen the story of the prophet (Peace and blessings be upon him and his progeny) and his wives or have you forgotten about it?
One of the famous stories of Imam Sadigh (peace be upon him) is when he is on the travel of Haj, and then he sleeps with his odalisque, and then his wife (Um-Ismail) shaves the hair of the odalisque and hits her, afterwards Imam Sadigh (peace be upon him) says to Um-Ismail: “This is the place where God canceled your Hajj in it”, look at Wasail-eilshitte, vol. 1, Al-taharah book, Section 29, ح1.
Is it right to say that his wife were pleased with this doing of Imam?
Isn't Nabawie and Alawie tradition a convincing argument for us?
I advise gentlemen to not be influenced by the thoughts of the day, and don’t interpret decisive things using allegorical things, because Quran says: " then as for those in whose hearts there is perversity they follow the part of it which is allegorical, seeking to mislead and seeking to give it [their own]interpretation…". God forbid that we would be of the people whom this verse refers to, and it is vital to be referring to the words and deeds of Imams (peace be upon them) who are spiritual guide and firm pillars of knowledge.
And peace, god's blessings and mercy be upon he who follows the guidance
Tir, 1386 S.H.

 

 

 

Estefta'at

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1. The best religious practice

Question: What is the best religious practice, in your eminence opinion?

Answer: As it has been narrated in some Hadith-s, saying prayer is the best practice after gaining knowledge of God.

 

2. The Ibtidai Jihad

Question: Is the Ibtidai Jihad (A kind of Jihad to promulgate the religion of Islam through countries which are not enemies of Islamic countries) permissible?

Answer: Its not permissible, in our opinion.

 

3. The Mu'ataati marriage

Question: Is the Mu'ataati marriage (a kind of unofficial marriage that the Sigheh is not verbally approved by the parties) recognizable?

Answer: Marriage needs to be approved verbally and the Mu'ataati one is not recognizable.

 

4. Revealing a secret

Question: Please say about permissible cases for revealing secrets?

Answer: Revealing other's secret is Haraam unless something important involves. For example, if the secret is not revealed, the life of a believer will be put in danger.

 

5. Saying prayer in Karbala

Question: What is your opinion about whether saying daily prayers completely or incompletely in the holy city of Karbala, or around the holy shrine, or in Koufa Masjid?

Answer: The traveler needs to say prayer incomplete in the holy city of Karbala, but around the holy shrine of his holiness Imam Hussein (A) (within two and half meters from the holy enshrine) and the whole Koufa Masjid the traveler is at liberty to say prayer complete or incomplete.

 

6. Wozu (performing ablutions before saying prayer) with the remnant of pen on skin

Question: Do the remnants of pen on hands’ skin invalidate the Wozu?

Answer: No, it doesn’t unless they prevent the water from reaching to body's skin.

 

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