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In the Name of God بسم الله

narsis

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  1. Like
    narsis got a reaction from AmirioTheMuzzy in I want to stop with this very bad sin.   
    Bismillah.
    Salaam.

    Masturbate or self – satisfaction that has been referred to as masturbation in religious texts, means doing something to discharge the sperm from the body. This can be done by touching your body, watching sexual scenes (pictures, movies, …) or reading sexual contents and books (stories, novels,…) or listening to sexual materials (tape, telephone conversation,…) or thinking about sexual matters in order to discharge the sperms. In either ways, this is haram and considered as cardinal sin.

    The best way to avoid masturbation and self – satisfaction is legal marriage (permanently or temporarily) under special conditions stipulated in practical article. If marriage is not possible, one can use the following recommendations:

    1 – Decide firmly to avoid masturbation

    2 – Avoid watching any type of pictures and movies sexual in nature.

    3 – Be careful when you choose your friend. Do not choose the type of people who enforce you to do this. Also, avoid making friend illegally with opposite sex.

    4 – Avoid dreaming and try to make yourself busy with good things such as reading books (non-sexual ones), heavy exercise, etc. Moreover, remember that idleness can lead you to anything.

    5 – If possible, try not to be alone anywhere.

    6 – Fasting can be quite helpful in controlling your internal desires and strengthening your will.

    If you cannot fast, do not eat a lot or at least do not over load your stomach when you want to sleep.

    7 – Do not eat food items, which are sexual arousing like banana, chocolate, fig, date, onion, pepper, egg, red meat, oily foods, etc.

    8 – Keep your urinary bladder empty at all times.

    9 – Read some books before going to sleep at night and never sleep on your front.

    Having sexual relationship with a woman other than your wife (permanent or temporary) is haram in any way. This sin has different levels and there are different punishments [1] for it for example adultery is more sinful than kissing a woman who is not intimate. However, we cannot take this as green light to commit an evil, which is less sinful.  
    http://www.islamquest.net/en/archive/question/fa1887

     
     
    More info:

    http://www.askthesheikh.com/how-do-i-advise-my-little-brother-to-refrain-from-the-grave-sin-of-masturbation/

     
    [1] . In some cases this may bear religious limitations and in some other cases it bears punishment.

     
    With Duas.

    Narsis.
     
  2. Like
    narsis got a reaction from Diaz in I want to stop with this very bad sin.   
    Bismillah.
    Salaam.

    Masturbate or self – satisfaction that has been referred to as masturbation in religious texts, means doing something to discharge the sperm from the body. This can be done by touching your body, watching sexual scenes (pictures, movies, …) or reading sexual contents and books (stories, novels,…) or listening to sexual materials (tape, telephone conversation,…) or thinking about sexual matters in order to discharge the sperms. In either ways, this is haram and considered as cardinal sin.

    The best way to avoid masturbation and self – satisfaction is legal marriage (permanently or temporarily) under special conditions stipulated in practical article. If marriage is not possible, one can use the following recommendations:

    1 – Decide firmly to avoid masturbation

    2 – Avoid watching any type of pictures and movies sexual in nature.

    3 – Be careful when you choose your friend. Do not choose the type of people who enforce you to do this. Also, avoid making friend illegally with opposite sex.

    4 – Avoid dreaming and try to make yourself busy with good things such as reading books (non-sexual ones), heavy exercise, etc. Moreover, remember that idleness can lead you to anything.

    5 – If possible, try not to be alone anywhere.

    6 – Fasting can be quite helpful in controlling your internal desires and strengthening your will.

    If you cannot fast, do not eat a lot or at least do not over load your stomach when you want to sleep.

    7 – Do not eat food items, which are sexual arousing like banana, chocolate, fig, date, onion, pepper, egg, red meat, oily foods, etc.

    8 – Keep your urinary bladder empty at all times.

    9 – Read some books before going to sleep at night and never sleep on your front.

    Having sexual relationship with a woman other than your wife (permanent or temporary) is haram in any way. This sin has different levels and there are different punishments [1] for it for example adultery is more sinful than kissing a woman who is not intimate. However, we cannot take this as green light to commit an evil, which is less sinful.  
    http://www.islamquest.net/en/archive/question/fa1887

     
     
    More info:

    http://www.askthesheikh.com/how-do-i-advise-my-little-brother-to-refrain-from-the-grave-sin-of-masturbation/

     
    [1] . In some cases this may bear religious limitations and in some other cases it bears punishment.

     
    With Duas.

    Narsis.
     
  3. Thanks
    narsis got a reaction from KnowledgeSeeker36 in Letters In Quran   
    Bismillah.
    Salaam.
    These punctuation marks are called Alamatul Waqf or stopping punctuation.
    (م) Meem: When seen, it means you must stop, it is a mandatory stop. Mind you, you will also see a meem After a Noon Sakin or a Tanwin which means that the rule of Iqlab is to be applied. You will see a Baa' after it, if you see no Baa' than there is no Iqlab.
    (ج) Jeem: It means you are able to stop if you want.
    (لا) Laam Alif: Means to not stop here
    (س) Seen: Means to take a soft/short pause without taking a breath. You would also sometimes see a Seen above a Saad (ص) That means you pronounce the latter a seen instead of Saad, but if it is under the Saad than pronouncing it as a Saad (it's original pronunciation).
    (قلي): Means that you can stop or move on, but stopping is more preferred than continuing on.
    (صلي): Means you can stop or continue on, but continuing on is more prefered than stopping.
    Three dots:
    This means you can stop at one of them but not both, so you can stop at (ريب) but not at (فيه), but you can not stop at (ريب) and (فيه) but just at one of them.
    Tip: Usually you can look at the back of a Qur'an and you can see the list of the Alamat/Signs.
    There is also Alamat in the Indian Script, they have most of the above. Here is the rest:
    (ز) Zai: al-waqf al-mujawwaz, means that you can stop, but the better choice is not to stop.
    (ص) Saad al-waqf al-murathkhas:
    means that the statement has not yet been completed at this point but, because the sentence has become long, here is the place to breathe and stop rather than do it elsewhere.
    سكته: means one should stop here breaking the sound but not the breath.
    وقفه: Means one must stop a little longer than saktah (pause). But, breath should not break here too.
    (ق) Qaaf: means that some phoneticians of the Qur'an identify a stop here while others do not.
    قف: This word is 'qif which means 'stop' and it is inserted where the reader may possibly think that a stop was not correct there.
    With Duas.
    Narsis.
  4. Like
    narsis got a reaction from Hameedeh in Salat Al Layl: Salat Al Witr   
    Bismillah.
    Salaam.
    Regarding Niyyat, to be mentioned by tongue is not necessary ... Niyyat means that if someone asks you what are you doing, you replied I am doing Salaat Layl. This Niyyat in your heart is enough.
    With Duas.
    Narsis.
  5. Completely Agree
    narsis got a reaction from HamidCZ in Rules On Music   
    Bismillah.
    Salaam.
    There are various types of musics that some are Haraam while others are Halaal. To distinguish Halaal musics and Haraam ones you have to refer to your Marja's verdict.
    With Duas.
    Narsis.
  6. Like
    narsis got a reaction from Diaz in Mutah is Halal   
    Bismillah.
    Salaam.

    Conditions of Temporary marriage:

    In order to carry out a temporary (concubine) marriage contract, a number of prerequisites ought to be executed:

    (i) the contract's formula ought to be read out. Consent (from the man and woman involved), alone, does not suffice; such a consent, moreover, must be accompanied by a declaration of specific and stipulated phrases.

    (ii) Obligatory precaution dictates that the contract's wording be recited accurately in Arabic. Assuming the man and woman are not able to recite the formula, in Arabic, it won't be necessary to execute the contract by proxy; reciting the contract in another language is deemed valid. All that is required is that the meaning of the terms 'zawwaj-tu' (I have married) and 'qabil-tu' (I have accepted) be properly conveyed and understood.

    (iii) Assuming the man and woman desire to execute the contract by themselves, they must initially stipulate the temporary marriage's (a) time frame (e.g. 1 hour, 2 days, 3 months etc.) and (b) dowry. Next, the woman must recite:

    "zawwaj-tu-ka nafsi fil-mudda-til ma'loomah 'alal mah-ril ma'loom"



    The man must follow successively by saying:

    "qabil-tu"

    Another variation involves the woman's attorney saying (to the man's attorney):

    "matta'-tu muwakkilati muwakkila-ka fil-mudda-til ma'loomah 'alal mah-ril ma'loom"



    The man's attorney then follows successively by saying:

    "qabil-tu li-muwakkili haakatha"

    (iv) The determination, and stipulation, of the dowry ought to be done at the time of the contract's execution.

    (v) Note that the man and woman, or their attorneys, must intend to 'declare' their marriage contracts i.e. by reciting "zawwaj-tu-ka nafsi…" the woman ought to intend to declare that she is designating herself as the man's wife; and by reciting "qabil-tu", the man must intend to declare acceptance vis-à-vis the woman's being his wife

    (vi) The one who recites the contract formula ought to be sane and pubescent.

    (vii) Assuming the man and woman's attorneys or guardians are carrying out the contract, the man and woman's names ought to be specified

    (viii) A pubescent virgin requires her father/grandfather's permission in order to marry, even though she is autonomous (i.e. able to lead her life independently). However, such permission is not required were she not a virgin (due to a previous husband).

    (ix) (i.e. the period during which she must wait after divorce or death of her husband before she may legitimately re-marry)'iddahAt the time of the contract's execution, the woman must neither be, actually, temporarily/permanently married to another nor be within her

    (x) Consent is necessary; any form of compulsion or force is prohibited.

    Naturally, there exists other matters and conditions which may be accessed in books of jurisprudence. The above information is in accordance with the verdicts of Imam Khumayni; if your religious authority is someone else, please inform us and we shall reply accordingly.

    http://www.islamquest.net/en/archive/question/fa627

    With Duas.

    Narsis.
  7. Like
    narsis got a reaction from Diaz in Mutah is Halal   
    Bismillah.
    Salaam.
    Why do the Shia consider temporary marriage (sighah/mut’ah) permissible?
    Temporary marriage is an accepted system of marriage by the Qur'an and Shīʻī jurisprudence. Through learning and studying Islamic traditions and knowing the philosophy behind every rules, we will admit the precise and accurate system of jurisprudential issues. Please read this article accurately and refer to the references I've provided at the end;
    Before beginning this debate, two points need to be mentioned:
    1) This issue is a fiqhi one, therefore it originally needs to be analyzed in the right place by Sunni and Shia fiqh experts (fuqaha’) along with Quranic and hadithic reasoning and without any negative propaganda and making noise or insult by any of the two sides.
    2) Analyzing this issue along with propaganda and insult (as seen in some websites and opposing books) is not the right way to analyze it and is far from proper Islamic behavior.
    In order to be able to reach a conclusion, the following points need to be mentioned and analyzed:
    1) The definition of temporary marriage
    2) The Quranic and hadithic reasoning behind it being permissible
    3) Has its ruling been nullified?
    4) What the sahaba and tabe’in’s viewpoints were on it.
    5) Some of the doubts and questions regarding this issue
     
    1) Its definition:
    Mut’ah means for a free woman (who isn’t a slave) to willingly get married to a man for a limited and specified time, along with the mahr (dowry) they have agreed on, given that there aren’t any sababi (restrictions that are caused by certain causes eg. when one gets married to a woman, he can no longer get married to her mother even if he divorces her and in other words, marrying her mother is haram forever), nasabi (restrictions that are a result of certain family relationships eg. one cannot get married to his sister, mother or aunts), and rezai (restrictions caused by a woman breast feeding a child of course only certain breastfeeding with the necessary conditions) restrictions to getting married, that the woman isn’t married to another man, that she isn’t in her Iddah (the waiting period in which a woman must observe after divorce before being able to get married to another man) or any other restrictions.
    In this marriage contract, there is no divorce, and whenever the specified time of the marriage ends, the couples are no longer “husband” and “wife”. If they have had any intercourse and at the same time she isn’t ya’esah (referring to a woman in menopause) she has to the observe the divorce Iddah after their separation. If she doesn’t have a menstrual period, but is in the age that she is supposed to see blood, she has to observe Iddah for forty-five days.[1]
    The child of such a marriage, regardless of whether it is a girl or boy, is the father’s and is called by his name and inherits from both his mother and father. All of the general rulings pertaining to fathers, mothers, their children, and the child’s aunts and uncles go here too.
     
    2) The reason behind its permissibility:
    All Muslims agree and no one argues the fact that the permissibility of such a marriage has been legislated by Islam such that all Islamic scholars of all sects (with all of their differences) have no objection here. Of course, Sunnis believe that its permissibility has been nullified. We will analyze this claim as we go on.
    As for its Quranic reasoning:
    Allah (swt) says:     فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَریضَةً [2]
    Ubayy ibn Ka’b, Ibn Abbas, Sa’id ibn Jubayr, Ibn Mas’ud, and Al-Sadi all would recite the mentioned verse in the following manner:   فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ إِلى‏ أَجَلٍ مُسَمًّى (In other words, they would add the underlined phrase). Agreed, the writer of Tafsir Al-Minar (Rashid Rhidha) insists that this verse was revealed concerning permanent marriage, but this theory is incorrect because:
    a) A large number of the sahabah believe that this verse was revealed concerning temporary marriage, not permanent marriage.  The reason for such a claim is that they would always add this phrase «إِلى‏ أَجَلٍ مُسَمًّى» to the end of the verse. Back then, this phrase was used and added to a marriage contract to indicate its temporariness (showing that when they would add it to the abovementioned verse, they believed that it is talking about temporary marriage). This phrase literally means until a certain mentioned time.
    b) Although the word mut’ah (and its derivatives, like the one in the previous verse) can also be used for permanent marriage, its frequent usage is for temporary marriage, therefore if it is used, it is apparently pointing to temporary marriage. On the other hand, the word “nikah” can be used for temporary marriage, although its usage for permanent marriage is stronger. Therefore, this verse is most probably and apparently speaking of temporary marriage.[3] [4]
    Even if one doesn't accept that mut’ahs apparent meaning isn't temporary marriage, the least is that it denotes temporary marriage and as a result, will be one of the cases in which a word is used in a sentence for more than one meaning.
    c) Using mut’ah in the verse to convey permanent marriage entails an unnecessary repetition in the verse. That is because in the beginning of surah Nisa' (which has expressed most of the rights and decrees pertaining to women) all of the different types of marriage have been mentioned in a special order. As for permanent marriage, it says: "If you fear that you may not deal justly with the orphan (girls), then marry (other) women that you like, two, three, or four. But if you fear that you may not treat them fairly, then (marry only) one…"[5]
    Regarding the mahr (dowry) of a marriage, it says: "Give women their marriage-portion freely, (without any restraint), but if they themselves (voluntarily) remit to you anything thereof, then you may consume it with pleasure."[6]
    Concerning female slaves (Ima'): "And whosoever of you who has not the means to marry free-believing men, may marry believing girls from among those (captives and slaves) whom you own; and Allah is The Knower of your Faith; you are Fellow-creatures; then, wed them with the permission of their masters and give them their marriage-portion according to what is reasonable, provided that they are chaste, not adulterous nor taking secret lovers…"[7]
    Here, when Allah (swt) says " ما مَلَکَتْ أَیْمانُهُمْ " (those whom you own), He is pointing to the marriage between a person and his female slave. This issue has also been mentioned in this verse: "Except from their spouses or their slave women, for then they are not blameworthy. "[8]
    Finally this statement that says: " فَانْکِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ " (then marry them with the permission of their masters) indicates the marriage between a man and the female slave of a third person.
    Till this verse, all of the different types of marriage have been counted. The only one left is temporary marriage, which has been also been stated in the previous verse. As a result, interpreting this phrase
    " فَمَا اسْتَمْتَعْتُمْ " as something pertaining to permanent marriage and the phrase " فَآتُوهُنَّ أُجُورَهُن" (so grant them their dowries) as its mahr and dowry both entail repetition that is not needed at all, because both have already been mentioned in the previous verses.
    Anyways, by taking a look at this surah, one can conclude that it is trying to list all of the different types of marriage in a specific order and this list doesn't come out to be complete unless temporary marriage is meant by the abovementioned verse (as the verse's apparent meaning also shows).
    d) If permanent marriage is meant, then why has it been claimed that temporary marriage has been nullified? In this case there is no meaning in temporary marriage being nullified, because when the Quran hasn’t legislated it in the first place, how it can be nullified?
    e) In this verse, paying the mahr or dowry has been announced as subject to estemta' (sexual pleasure) when it says: "For the enjoyment you have had from them (sexual intercourse) thereby give them their dowries…"[9] and this matter suits temporary marriage, not permanent marriage because in the latter, the woman becomes owner of the dowry as soon as the marriage contract is performed, although paying all of it depends on the marriage being consummated (while in the former, she only becomes owner after the contract being consummated). Of course, how and when it is paid all depend on the society where the couple live in and the traditions there. Some might even give it before the contract is performed, while others might delay it until after the husband's death for the wife to inherit it.
    These were a few of the many Quranic reasons for temporary marriage.
     
    Now the reasons for it from the tradition of Prophet Muhammad (pbuh):
    The followers of the Prophet's tradition all know that there are many genuine and authentic hadiths on the permissibility of temporary marriage during his time, here are a few:
    a) Jaber ibn Abdillah al-Ansari reports: "We would perform temporary marriage during the time of Rasulullah (pbuh) and it was also allowed during Abu Bakr’s time until Umar banned it.[10]
    b) It has been quoted from Ibn Abbas that: "The verse of mut'ah (that says that mut'ah is halal) is of the muhkam verses of the holy Quran (verses that are clear statements accepting no interpretation) which hasn't been nullified."[11]
    c) Both Hakim and Ibn Jarih report that Imam Ali (as) said: "If Umar hadn't banned mut'ah, no one would ever commit adultery other than shaqiyy (wretched) individuals."[12]
    d) It has been quoted that 'Imran ibn Hasin said: "The Quran contains the mut'ah verse and there is no other verse that (has come after it that) nullifies it. The Prophet (pbuh) ordered us to it and never banned it during his lifetime. After his demise, someone came and banned it on his own behalf and according to his own opinion."[13]
    This hadith shows that mut'ah was halal until the second khalifah's time which this hadith refers to as "someone who banned it on his own behalf and according to his own opinion".[14]
    Till here, one can conclude that the argument over mut'ah's permissibility doesn't go back to whether or not the Prophet (pbuh) legislated its permissibility or not, or whether or not any of the Sahaba performed it or not, or whether or not they believed in its permissibility after the Prophet's demise or not (before the second khalifa's reign). On the contrary, the root of this argument is whether this action, which was allowed during the Prophet's time and was acted upon by his companions, was nullified or not. Also, a part of this argument goes back to the fact that some have considered its permissibilitng the Prophet's time and will punish anyone who performs them; the mut'ah of women (getting married temporarily to them) and the mut'ah of Hajj."[23]
    4)   The sahabas’ position and viewpoint regarding temporary marriage:
    A large number of sahabis and tabe'in (those who followed the Prophet's time but never saw him) see mut'ah as permissible and not nullified. They are as follows:
    1) Imran ibn Hussain
    2) Abdullah ibn Umar
    3) Salamah ibn Umayyah
    4) Ma’bad ibn Umayyah
    5) Zubair ibn 'Awamm
    6) Khaled ibn Muhajir
    7) Ubayy ibn Ka'b
    8) Rabi'ah ibn Umayyah
    9) al-Sadi
    10) Mujahid
    11) Ibn Aws Madani
    12) Anas ibn Malek
    13) Mu'awiyyah ibn abi-Sufyan
    14) Ibn Juraih
    15) Nafe'
    16) Sabib ibn abi-Thabit
    17) Hakam ibn Utaybah
    18) Jabir ibn Yazid
    19) al-Bara' ibn 'Azeb
    20) Sahl ibn Sa'd
    21) Mughairah ibn Shu'bah
    22) Salamah ibn Akwa'
    23) Zayd ibn Thabet
    24) Khaled ibn Abdillah al-Ansari
    25) Ya'la ibn Umayyah
    26) Safwan ibn Umayyah
    27) Amr ibn Hawshab
    28) Amr ibn Dinar
    29) Ibn Jurair
    30) Sa'eed ibn Habib
    31) Ibrahim al-Nakha'i
    32) Hasan Basri
    33) Ibn Musayyab
    34) A'mash
    35) Rabi' ibn Meysarah
    36) Abi Zuhari Mutraf
    37) Malek ibn Anas (in one of his two viewpoints)
    38) Ahmad ibn Hanbal in some conditions
    39) Abu Hanifah according to some cases[24]
     
    5) Doubts and questions on mut'ah:
    a) The whole purpose of legislating the permissibility of marriage is for the establishment of a family and the continuation of generations, while temporary marriage defeats this purpose because the only reason for such a marriage is sexual satisfaction.
    Answer:
    This question comes up because one mixes up the benefits of a specific ruling and its “subject” (In order to see what is meant by the subject of a ruling , pay attention to the following example: “Prayer is wajib” ; This ruling has a ruling and a subject; its ruling is wujub, or in other words, being mandatory. The subject of this ruling is the act that has been made mandatory, which in this case is prayer.). What was mentioned was one of the benefits of marriage, but its ruling doesn't solely depend on that particular benefit, thus, getting married to a barren or ya'esah woman (one who has reached menopause), or a girl who is still a child is also acceptable (although the abovementioned benefit isn't possible with them). Many young couples get married only for fulfilling reproductive desires in an Islamically legitimate way and don’t even think of bringing a child (although it might accidentally happen), yet their marriage is right and no one says that such intentions are problematic.
    What is strange is that sexual desires are counted as its only benefit, while in many cases like in permanent marriage, one gets temporarily married for other reasons such as bringing a child, managing and taking care of the home, or nursing and growing children etc.
    The question we have from those who oppose mut'ah is that if its purpose contradicts that of permanent marriage, then what do you have to say about couples who get married with the intention of getting divorced after two months? Is their marriage correct or not?  Clearly, no faqih and alem (scholar) says such a marriage is incorrect unless he wants to say something completely illogical. So what is the difference between the two, other than one being timely and the other, permanent?
    The author of al-Minar says: "The strictness of past and present ulema (scholars) and them prohibiting mut'ah, necessitates the prohibition of permanent marriage with the intention of getting separated by divorce afterwards. Yet, they say that if one has this intention at the time of marriage but doesn't mention it when performing the contract as one of the contract’s conditions, the contract is correct (and the two become husband and wife, although if it is mentioned, it will surely make the contract void), nevertheless, hiding this intention is considered deceit, thus, such a contract deserves to be void (although it isn't) more than a contract in which such intentions have been mentioned in (because when it isn’t mentioned, it is considered deceit)."[25]
    We the Shia believe that if the couple themselves are content (in order for it not to become a form of deceit), and make a time limit one of the contract's conditions, it is still correct and they are husband and wife.
    b) The permissibility of mut'ah contradicts the verse that says: "And those who guard their private parts;
    except from their spouses or their slave women, for then they are not blameworthy; but whoever seeks (anything) beyond that it is they who are transgressors."[26] This verse is saying that anyone who goes after anything other than the mentioned instances has crossed Allah's red line and entered the domain of haram acts. Mut'ah doesn't cause any legitimate relationship between two people, so one who has intercourse with his mut'ah "wife" has commited a haram act.
    Answer:
    This is merely a claim that has no backup. Such a woman is the man's wife and has her own rulings. Just because her sustenance (nafaqah) isn't the man's responsibility and the fact that she doesn't bear the qismah right (which says the different wives of one man equally share his sleeping with them, each "owning" the same number of nights), doesn't make her not be his wife. The nashizah woman (one who doesn't do tamkin) is considered one's wife although she lacks the nafaqah and qismah rights, and the same goes with a girl who has become one's wife while merely being a child.
    It is completely wrong to say that since there is no ruling, there is no subject of the ruling. Sometimes the subject is there, but its ruling isn’t. Being husband and wife is a relationship between a couple that is followed by numerous rulings and decrees, if some of them cease to exist, it doesn't mean that the relationship in its entirety doesn’t exist either. There are chances that some of these rulings exclusively belong to some types of marriage, not all of them.
    c) One who performs temporary marriage, isn’t after companionship and a life free of adultery and sin, on the contrary, his/her sole intention is adultery. And although there is a responsibility of the man taking care of his spouse and therefore somewhat causing an obstacle for him committing adultery, there is no obstacle for the woman to commit it and she is able to offer and present herself to other men anytime she desires, becoming one of the instances of the poem that speaks of a ball that is struck back and forth by polo-sticks.[27]
    Answer:
    Who says that being protected only belongs to men? If this marriage is right, both men and women can protect themselves from adultery. Three things prevent young women from wrongdoing:
    1- Permanent marriage
    2- Temporary marriage with the conditions that were mentioned earlier
    3- Controlling and dominating one's sexual drive
     
    The first choice isn't a practical one for young girls and boys because of the low salaries that they receive from their families or the government or anywhere else. Taming the sexual drive is also impractical and almost impossible except for a few exceptional individuals. The only option that remains for youth in order not to fall into sin and corruption is temporary marriage.
    Islam is Allah's final religion and Prophet Muhammad (pbuh) is His final messenger, his book being the final book and his decrees being the final ones. Such  characteristics call for this religion to have a solution for every social problem that might occur in order to keep the respect and greatness of Muslims. Sexual problems aren't an exception and Islam surely needs to provide a solution.
    Imam Ali's (as) voice can still be heard, warning mankind of the negative consequences of not taking this solution serious: "If it wasn't for him (Umar banning mut'a) no one would ever commit adultery other than the shaqiyy (wretched)."[28]
    As for linking mut'ah to the poem mentioned above, it is a sign of this person's ignorance regarding its essence and its borders and limits. The mut'ah that this person is thinking of, is one of the wrong statements that the Shia have always been accused of[29], while the Shia find this accusation false. They don’t believe that the temporary wife is one who other men can have turns with, how is that so, while they say that after every temporary marriage she has to observe an Iddah?! If she has to observe an Iddah, offering herself to others will no longer have any meaning. Subhanallah! How can they lie so much about the Shia?! This poem is an insult to divine revelation and heavenly legislation, while all interpreters of the Quran and narrators of tradition all agree that such a decree was indeed legislated, even though they claim that it was eventually nullified. So what this person is actually saying is that during the time this marriage was allowed by the Prophet (pbuh), it was an illegitimate act!
    [1] See index: Remarrying after temporary marriage (question 1099).
    [2] Nisa:24.
    [3] See: Tabari, Tafsir Kabir; Zamakhshari, Kashaf; and the sharh (explanation) of Sahih Muslim by Nawawi in the beginning of the chapter on marriage, and other great scholars have all considered this recitation as one that no one can doubt about. In this case, the phrase " الی اجل مسمی" will only be an explanation added to the verse, not part of the verse.
    [4] Ezdevaje Movaqqat (temporary marriage), pg. 14-15, The Ahlul-Bayt World Assembly.
    [5] Nisa':3.
    [6] Nisa':4.
    [7] Nisa':25.
    [8] Mu'minoon:6.
    [9] Nisa':25, ... فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُن
    [10] Sahih Muslim, v.4, pg. 131, Musnad Ahmad, v.6, Fathul-Bari, v.9, pg.149.
    [11] Kashaf, v.1, pg. 498, printed in Beirut.
    [12] Tafsir Tabari, v.5, pg. 9, Fakhr Razi's Tafsir, v.10, pg. 5, al-Durrul-Manthur, v.2, pg. 140.
    [13]Sahih Bukhari, v.2, pg. 168 and v.6, pg. 33; Sahih Muslim, v.4, pg. 48, Sunan Nisa'i, v.5, pg.155; Musnad Ahmad, v.4, pg. 426 with an authentic chain of narrators.
    [14]See: Neylul-Atwar, v.6, pg. 271; Fathul-Bari, v.9, pg. 150.
    [15] Muminoon:6-7, إِلاَّ عَلى‏ أَزْواجِهِمْ أَوْ ما مَلَکَتْ أَیْمانُهُمْ فَإِنَّهُمْ غَیْرُ مَلُومینَ فَمَنِ ابْتَغَى‏ وَرَاءَ ذَالِکَ فَأُوْلَئکَ هُمُ الْعَادُون‏ "
    [16] Talaq:1 "فطلقون لعدتهن"
    [17]Ahkamul-Quran, 290, pg. 184-195, chapter of mut'a, Darul-Kutub al-Ilmiyyah; Sahih Muslim along with the explanation of Nawawi, v.9, pg. 179, the chapter on mut'a Irshadus-Sari.
    [18]See: Sahih Muslim, v.2, pg. 130, Darul-Fikr Press, Beirut.
    [19]The tafsir of Qurtobi, v.5, pg.130-131.
    [20] Zadul-Ma'ad, v.2, pg. 204. 
    [21] See: Ezdevaje Movaqqat (temporary marriage), pg. 17-21, The Ahlul-Bayt World Assembly.
    [22]Al-Insaf fi Masa'ela Dama fihil-Khilaf, pg. 534.
    [23] Sharh Ma'anil-Athar, v.2, pg. 146.
    [24] Al-Ghadir, v.6, pg. 220, and Ezdevaje Movaqqat dar Islam, pg. 133, and Mut'a az Fakiki, and Ahkamul-Shar'iyyah fi Ahwalal-Shakhsiyyah.
    [25] Tafsir Al-Minar, v.3, pg. 17.
    [26] Mu'minoon:5-7.
    [27] Tafsir Al-Minar, v.5, pg. 13.
    [28] Mustadrakul-Wasa'el, v.14, pg. 478. " فَلَوْلَاهُ مَا زَنَى إِلَّا شَقِیٌّ أَوْ شَقِیَّة"
    [29] See: Kitabul-Sunnah wal-Shia, pg. 65-66.
    With Duas.
    Narsis.
    http://www.islamquest.net/en/archive/question/fa915
  8. Like
    narsis got a reaction from Ashvazdanghe in Exemption Of Wudu On Friday   
    Bismillah.
    Salaam brother.
    According to Ayatollah Khamenei, no recommended (Mustahab) Ghusl, including Ghusl of Juma‘a, is sufficient for prayer. So according to him you have to do Wudu.
    With Duas.
    Narsis.
  9. Like
    narsis got a reaction from srya in Tell Me Something Good For Once   
    وَ إِذا سَأَلَكَ عِبادي عَنِّي فَإِنِّي قَريبٌ أُجيبُ دَعْوَةَ الدَّاعِ إِذا دَعانِ فَلْيَسْتَجيبُوا لي‏ وَ لْيُؤْمِنُوا بي‏ لَعَلَّهُمْ يَرْشُدُون
     
    When My servants ask you about Me, [tell them that] I am indeed close (to them). I answer the supplicant's call when he calls Me. So let them respond to Me, and let them have faith in Me, so that they may fare rightly. (The Qur’an 2:186)
     
     
    قُلْ يا عِبادِيَ الَّذينَ أَسْرَفُوا عَلى‏ أَنْفُسِهِمْ لا تَقْنَطُوا مِنْ رَحْمَةِ اللَّهِ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَميعاً إِنَّهُ هُوَ الْغَفُورُ الرَّحيم
     
    Say [that Allah declares,] "O My servants who have committed excesses against their own souls, do not despair of the mercy of Allah. Indeed Allah will forgive all sins. Indeed He is the All-forgiving, the All-merciful (39:53)
  10. Like
    narsis got a reaction from AmirioTheMuzzy in Zanjeer Zani Absolute Haram Or Conditionally Haram   
    Bismillah.
     
    Salaam.
     
    I found nothing in his official site and other sites. Please contact his office.
     
    With Duas.
     
    Narsis.
  11. Like
    narsis got a reaction from AmirioTheMuzzy in Is mental imagination of Allah sin?   
    Bismillah.
    Salaam.
    To think of something is not Haraam because it is not under your free will. But it is Haraam to act upon those thoughts that are sinful.
    With Duas.
    Narsis.
  12. Like
    narsis got a reaction from AmirioTheMuzzy in "half Hijab"?   
    Bismillah.
     
    Salaam.
     
    The framework of Hijab is determined by jurisprudence; beyond that, it is not Hijab although it is covering some parts of body.
     
    With Duas.
     
    Narsis.
  13. Like
    narsis got a reaction from Aflower in Gemstones Rings And History?   
    Bismillah.
     
    Salaamun Alaykum brother.
     
    There are bunch of Ahādīth recommending Mu’minīn to wear some sorts of rings. I mention some Ahādīth in this regard:
     
    قَالَ رَسُولُ اللَّهِ ص‏ تَخَتَّمُوا بِخَوَاتِيمِ‏ الْعَقِيقِ‏- فَإِنَّهُ لَا يُصِيبُ أَحَدَكُمْ غَمٌّ مَا دَامَ ذَلِكَ عَلَيْهِ‏
     
    The Prophet (p) said: wear Aqiq, for, nothing will disquiet you whilst you’re wearing it. (Sahifah al-Imam al-Rizā, p.62)
     
    ……………………………
     
    عن المفضّل بن عمر عن أبي عبد اللَّه عليه السّلام قال: أحبّ لك و لكلّ مؤمن أن يتختّم بخمسة خواتيم: بالياقوت و هو أفخرها، و بالعقيق‏ و هو أخلصها للَّه و لنا، و بالفيروزج و هو نزهة النّاظر و الحديد الصّينيّ و ما أحبّ التختّم به و لا أكره لبسه عند لقاء أهل الشّرّ ليطفئ شرّهم و أحبّ اتّخاذه فانّه يردّ المردة من الجنّ و ما يظهره اللَّه - عزّ و جلّ- بالذّكوات البيض بالغريّين. قلت: و ما فيه من الفضل؟- قال: من تختّم به و نظر اليه كتب اللَّه له بكلّ نظرة زورة أجرها أجر النّبيّين و الصّالحين، و لو لا رحمة اللَّه لشيعتنا لبلغ الفصّ منه ما لا يوجد بالثّمن و لكنّ اللَّه‏ رخّصه عليهم ليتختّم به غنيّهم و فقيرهم
     
    Imam Sadiq (p) said: I prefer for you and every faithful to wear five rings: ruby (Yaqout) which is the most exquisite one and Agate (Aqiq) which is the most sincere on towards Allah and us and Turquoise (Fairouzeh) which brings eyes light and the Chinese Hadid (Hadid al-Sīnī) …
     
    And there are lots of Ahādīth in which there have been mentioned both worldly and spiritual impacts of different rings.
    With Duas.
     
    Narsis.
  14. Like
    narsis got a reaction from AmirioTheMuzzy in ISLAMIC VIEWPOINT ON EXORCISM AS SEEN AMONG THE MARANAO CUSTOMS   
    Bismillah.
    Salaam.
     
    The Holy Qur'an has confirmed the existence of Jinns and has attributed the following characteristics to them:
    1)    Jinns are creatures that are made of fire; this is while humans were created from clay. [1]
    2)    They have knowledge, understanding, they can discern truth from the falsehood and they also have the power of logic and argument. [2]
    3)    They have religious responsibility and duty.[3]
    4)    Some of them are pious and righteous and others are Kāfīrs (unbelievers). [4]
    5)    The Day of Judgment will apply to them as well and they will be resurrected as well. [5]
    6)    They originally had the ability to penetrate the heavens and gather news by eavesdropping but this was later blocked from them. [6]
    7)    They had relationships with humans and because of some limited secret knowledge they possessed, they would mislead and deceive certain humans. [7]
    8)    Some of them possess a lot of power in comparison to other ones of them, as is the case with humans. [8]
    9)    They have the power of doing certain things that humans might need. [9]
    10)                  They were created on this earth before humans were created. [10]
    11)                  In the story of Prophet Solomon (A) an Ifrīt Jinn claims that he can bring Bilqays’s throne before Prophet Solomon can stand from his spot. [11] Prophet Solomon doesn’t deny this claim of the Jinn, although at the same time, the Quran doesn’t state that the jinn actually carried out this claim. [12]
    From these verses in the Holy Quran we understand that Jinns are not imaginary; they are real physical beings with whom contact is definitely possible and certain people have had contact with them. From ancient times there has been a lot of conjecture and stories about contact with Jinns but we can only accept things that are narrated through verified hadiths about the different relationships one might have with them. Here we’ll go through some of the things narrated for us through the Holy Quran and the Hadiths, and passed on to us through Islamic scholars:
     
    A-  Taking refuge in Jinns; In the Holy Quran it says, “Indeed some persons from the humans would seek the protection of some persons from the jinn, thus only adding to their rebellion”. [13] One of the ancient customs of the Arabs was that whenever they reached a dangerous or frightening part of the desert they would take refuge in the specific Jinns of that area. Islam negated this custom and made specific commands about taking refuge only in the creator of the Jinns and Men, Allah swt. [14]
    B-  Enslaving Jinns; Enslaving Jinns and getting assistance from them is possible, but its permissibility according to the Fuqahā is debatable and controversial. What is certain is that this act can’t be approached by a way that has already been made haram (a sin) in the sharia (Islamic law) (for instance, if one of the conditions for enslaving a jinn is to eat something haram, then one can't do it; not because enslaving it is haram, but because the means of doing so is haram) nor can it be in a way that bothers or hurts others. Also, getting assistance from them cannot be for things which are haram or sinful; doing something which is haram (sinful) is a sin whether it’s done by another intermediary or done by oneself. [15]
    It was asked from Ayatollah Khamenei about the rulings of people who raise spirits or call on Jinns with the very specific intention of only doing good through this method. He replied: This action is halal in itself and there is no problem with it but with the condition that it is done through halal (according to sharia) ways. [16]
     
    Jurisprudential approach:
    Although different definitions have been given and determined for 'magic' [Sehr] in lexical and jurisprudential book but Muslim scholars are unanimous that communication and association with spirits, Jinns and devils is a name for magic. [17]
    Magic has a long history in human history. It developed most when either the divine prophets were absent in society or had low public profile. If you go through historical documents relating to magic, you will find out that the magicians proliferated in human communities after the period of Prophet Noah [18] and Prophet Solomon. [19] As the history of magic and sorcery bears witness, the deficient knowledge which the spirits, Jinns and devils [20] have and also the people who falsely claim to have communication with Jinns have inflicted tremendous religious and spiritual harms on human society. That is why we believe, the ways through which the magicians communicate with Jinns, devils and spirits are against the religion. [21] Likewise, the information and effects which the devils, Jinns and spirits give or leave are opposed to religious teachings. Perhaps, there have many magicians in history who have claimed to be a prophet or the promised Mahdi. [22]
    Man's felicity rests in the fact that his friendship, enmity, happiness, concerns, sleep and wakefulness are on the basis of worldly and heavenly interests and expediency but they are quite different in the history of magic. [23]
    It should be further noted that in summoning a spirit and overpowering Jinns and devils, there exists a kind of compulsion or coercion on them or on the spirit of a woman or a child that are summoned through these means. The summoning is fraught distress and discomfort created for their souls. [24]
    The conclusion is that since the information [25] and effects of the spirits, Jinns and devils are limited, and additionally, if the information and effects [26] are supposed to be from the devils, the devil always misleads man and portrays the falsehood as truth, therefore, [27] there is no reliability and trust in this kind of communications.
     
    For further explanations please see:
     
    -       Tafsīr of the Surah al-Jinn (the 72th Surah of the Qur'an)
    -       http://www.islamquest.net/en/archive/question/fa883
     
    [1] Al-Rahman: 15.
    [2] Different verses of surah Jinn.
    [3] Verses of surah Jinn and Al-Rahman.
    [4] Verses of surah Jinn and Al-Rahman.
    [5] Ibid: 15.
    [6] Ibid: 9.
    [7] Ibid: 6.
    [8] Naml: 39.
    [9] Saba’:12-13.
    [10] Hijr: 27.
    [11] Naml: 30-40.
    [12] Abdullah Javadi Amoli, Tafsir Mozu’i, vol. 1, pg. 119.
    [13] Jinn: 6.
    [14] See: Biharul-Anwar, vol. 92, pg. 148 [from Al-Mahasin]: “قَالَ رَسُولُ اللَّهِ (ص): "إِذَا تَغَوَّلَتِ الْغِیلَانُ فَأَذِّنُوا بِأَذَانِ الصَّلَاةِ”
    [15] See: Abul-Qasem Khu’i, Minhajul-Salehin, vol. 2, pg. 8.
    [16] Tawdihul-Masa’el (annotated by Imam Khomeini), vol. 2, pg. 980, question 1232.
    [17] - Sharh-e Makasib Muharramah by Mazji, vol.2, pg. 112
    [18] - Imam Hasan Askari (a.s.): « ... کان بعد نوح قد کثرت السحرة» Wasail al-Shi'ah, vol.12, pg. 106.
    [19] - Tafsir al-Mizan, vol.1, pg. 237.
    [20] - Ibid, vol. 15, pg. 330
    [21] - Sharh-e Makasib Muharramah by Mazji, vol.2, pg.67
    [22] - Ibid.
    [23] - Ibid, pg. 69.
    [24] - Ibid, pg. 69.
    [25] - Al-Ihtijaj, vol.2, pg. 81
    [26] - Ibid.
    [27] - Al-Nisa, 60, Al-An'am, 6; And Countless Quranic verses about Shaitan.
     
    With Duas.
    Narsis.
  15. Like
    narsis got a reaction from 313_Waiter in We Are Muslim   
    Bismillah.

    Salaam sister.

    I really admire your approach of unity amongst Muslim ... this unity is achievable and a must in the field of relations and communications with Sunni brothers and sisters; we, Muslims, have to try our best to be united regardless of our denominational tendencies but in the scope of creed and jurisprudential issues there is no possibility to get united because there are many inconsistent beliefs among all sects. So the best way is to respect our beliefs and make a coexistence through the brotherhood system among ourselves.

    With Duas.

    Narsis.

  16. Like
    narsis got a reaction from zahra.5 in Tell Me Something Good For Once   
    وَ إِذا سَأَلَكَ عِبادي عَنِّي فَإِنِّي قَريبٌ أُجيبُ دَعْوَةَ الدَّاعِ إِذا دَعانِ فَلْيَسْتَجيبُوا لي‏ وَ لْيُؤْمِنُوا بي‏ لَعَلَّهُمْ يَرْشُدُون
     
    When My servants ask you about Me, [tell them that] I am indeed close (to them). I answer the supplicant's call when he calls Me. So let them respond to Me, and let them have faith in Me, so that they may fare rightly. (The Qur’an 2:186)
     
     
    قُلْ يا عِبادِيَ الَّذينَ أَسْرَفُوا عَلى‏ أَنْفُسِهِمْ لا تَقْنَطُوا مِنْ رَحْمَةِ اللَّهِ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَميعاً إِنَّهُ هُوَ الْغَفُورُ الرَّحيم
     
    Say [that Allah declares,] "O My servants who have committed excesses against their own souls, do not despair of the mercy of Allah. Indeed Allah will forgive all sins. Indeed He is the All-forgiving, the All-merciful (39:53)
  17. Like
    narsis got a reaction from Ashvazdanghe in Mutah is Halal   
    Bismillah.
    Salaam.
    Why do the Shia consider temporary marriage (sighah/mut’ah) permissible?
    Temporary marriage is an accepted system of marriage by the Qur'an and Shīʻī jurisprudence. Through learning and studying Islamic traditions and knowing the philosophy behind every rules, we will admit the precise and accurate system of jurisprudential issues. Please read this article accurately and refer to the references I've provided at the end;
    Before beginning this debate, two points need to be mentioned:
    1) This issue is a fiqhi one, therefore it originally needs to be analyzed in the right place by Sunni and Shia fiqh experts (fuqaha’) along with Quranic and hadithic reasoning and without any negative propaganda and making noise or insult by any of the two sides.
    2) Analyzing this issue along with propaganda and insult (as seen in some websites and opposing books) is not the right way to analyze it and is far from proper Islamic behavior.
    In order to be able to reach a conclusion, the following points need to be mentioned and analyzed:
    1) The definition of temporary marriage
    2) The Quranic and hadithic reasoning behind it being permissible
    3) Has its ruling been nullified?
    4) What the sahaba and tabe’in’s viewpoints were on it.
    5) Some of the doubts and questions regarding this issue
     
    1) Its definition:
    Mut’ah means for a free woman (who isn’t a slave) to willingly get married to a man for a limited and specified time, along with the mahr (dowry) they have agreed on, given that there aren’t any sababi (restrictions that are caused by certain causes eg. when one gets married to a woman, he can no longer get married to her mother even if he divorces her and in other words, marrying her mother is haram forever), nasabi (restrictions that are a result of certain family relationships eg. one cannot get married to his sister, mother or aunts), and rezai (restrictions caused by a woman breast feeding a child of course only certain breastfeeding with the necessary conditions) restrictions to getting married, that the woman isn’t married to another man, that she isn’t in her Iddah (the waiting period in which a woman must observe after divorce before being able to get married to another man) or any other restrictions.
    In this marriage contract, there is no divorce, and whenever the specified time of the marriage ends, the couples are no longer “husband” and “wife”. If they have had any intercourse and at the same time she isn’t ya’esah (referring to a woman in menopause) she has to the observe the divorce Iddah after their separation. If she doesn’t have a menstrual period, but is in the age that she is supposed to see blood, she has to observe Iddah for forty-five days.[1]
    The child of such a marriage, regardless of whether it is a girl or boy, is the father’s and is called by his name and inherits from both his mother and father. All of the general rulings pertaining to fathers, mothers, their children, and the child’s aunts and uncles go here too.
     
    2) The reason behind its permissibility:
    All Muslims agree and no one argues the fact that the permissibility of such a marriage has been legislated by Islam such that all Islamic scholars of all sects (with all of their differences) have no objection here. Of course, Sunnis believe that its permissibility has been nullified. We will analyze this claim as we go on.
    As for its Quranic reasoning:
    Allah (swt) says:     فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَریضَةً [2]
    Ubayy ibn Ka’b, Ibn Abbas, Sa’id ibn Jubayr, Ibn Mas’ud, and Al-Sadi all would recite the mentioned verse in the following manner:   فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ إِلى‏ أَجَلٍ مُسَمًّى (In other words, they would add the underlined phrase). Agreed, the writer of Tafsir Al-Minar (Rashid Rhidha) insists that this verse was revealed concerning permanent marriage, but this theory is incorrect because:
    a) A large number of the sahabah believe that this verse was revealed concerning temporary marriage, not permanent marriage.  The reason for such a claim is that they would always add this phrase «إِلى‏ أَجَلٍ مُسَمًّى» to the end of the verse. Back then, this phrase was used and added to a marriage contract to indicate its temporariness (showing that when they would add it to the abovementioned verse, they believed that it is talking about temporary marriage). This phrase literally means until a certain mentioned time.
    b) Although the word mut’ah (and its derivatives, like the one in the previous verse) can also be used for permanent marriage, its frequent usage is for temporary marriage, therefore if it is used, it is apparently pointing to temporary marriage. On the other hand, the word “nikah” can be used for temporary marriage, although its usage for permanent marriage is stronger. Therefore, this verse is most probably and apparently speaking of temporary marriage.[3] [4]
    Even if one doesn't accept that mut’ahs apparent meaning isn't temporary marriage, the least is that it denotes temporary marriage and as a result, will be one of the cases in which a word is used in a sentence for more than one meaning.
    c) Using mut’ah in the verse to convey permanent marriage entails an unnecessary repetition in the verse. That is because in the beginning of surah Nisa' (which has expressed most of the rights and decrees pertaining to women) all of the different types of marriage have been mentioned in a special order. As for permanent marriage, it says: "If you fear that you may not deal justly with the orphan (girls), then marry (other) women that you like, two, three, or four. But if you fear that you may not treat them fairly, then (marry only) one…"[5]
    Regarding the mahr (dowry) of a marriage, it says: "Give women their marriage-portion freely, (without any restraint), but if they themselves (voluntarily) remit to you anything thereof, then you may consume it with pleasure."[6]
    Concerning female slaves (Ima'): "And whosoever of you who has not the means to marry free-believing men, may marry believing girls from among those (captives and slaves) whom you own; and Allah is The Knower of your Faith; you are Fellow-creatures; then, wed them with the permission of their masters and give them their marriage-portion according to what is reasonable, provided that they are chaste, not adulterous nor taking secret lovers…"[7]
    Here, when Allah (swt) says " ما مَلَکَتْ أَیْمانُهُمْ " (those whom you own), He is pointing to the marriage between a person and his female slave. This issue has also been mentioned in this verse: "Except from their spouses or their slave women, for then they are not blameworthy. "[8]
    Finally this statement that says: " فَانْکِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ " (then marry them with the permission of their masters) indicates the marriage between a man and the female slave of a third person.
    Till this verse, all of the different types of marriage have been counted. The only one left is temporary marriage, which has been also been stated in the previous verse. As a result, interpreting this phrase
    " فَمَا اسْتَمْتَعْتُمْ " as something pertaining to permanent marriage and the phrase " فَآتُوهُنَّ أُجُورَهُن" (so grant them their dowries) as its mahr and dowry both entail repetition that is not needed at all, because both have already been mentioned in the previous verses.
    Anyways, by taking a look at this surah, one can conclude that it is trying to list all of the different types of marriage in a specific order and this list doesn't come out to be complete unless temporary marriage is meant by the abovementioned verse (as the verse's apparent meaning also shows).
    d) If permanent marriage is meant, then why has it been claimed that temporary marriage has been nullified? In this case there is no meaning in temporary marriage being nullified, because when the Quran hasn’t legislated it in the first place, how it can be nullified?
    e) In this verse, paying the mahr or dowry has been announced as subject to estemta' (sexual pleasure) when it says: "For the enjoyment you have had from them (sexual intercourse) thereby give them their dowries…"[9] and this matter suits temporary marriage, not permanent marriage because in the latter, the woman becomes owner of the dowry as soon as the marriage contract is performed, although paying all of it depends on the marriage being consummated (while in the former, she only becomes owner after the contract being consummated). Of course, how and when it is paid all depend on the society where the couple live in and the traditions there. Some might even give it before the contract is performed, while others might delay it until after the husband's death for the wife to inherit it.
    These were a few of the many Quranic reasons for temporary marriage.
     
    Now the reasons for it from the tradition of Prophet Muhammad (pbuh):
    The followers of the Prophet's tradition all know that there are many genuine and authentic hadiths on the permissibility of temporary marriage during his time, here are a few:
    a) Jaber ibn Abdillah al-Ansari reports: "We would perform temporary marriage during the time of Rasulullah (pbuh) and it was also allowed during Abu Bakr’s time until Umar banned it.[10]
    b) It has been quoted from Ibn Abbas that: "The verse of mut'ah (that says that mut'ah is halal) is of the muhkam verses of the holy Quran (verses that are clear statements accepting no interpretation) which hasn't been nullified."[11]
    c) Both Hakim and Ibn Jarih report that Imam Ali (as) said: "If Umar hadn't banned mut'ah, no one would ever commit adultery other than shaqiyy (wretched) individuals."[12]
    d) It has been quoted that 'Imran ibn Hasin said: "The Quran contains the mut'ah verse and there is no other verse that (has come after it that) nullifies it. The Prophet (pbuh) ordered us to it and never banned it during his lifetime. After his demise, someone came and banned it on his own behalf and according to his own opinion."[13]
    This hadith shows that mut'ah was halal until the second khalifah's time which this hadith refers to as "someone who banned it on his own behalf and according to his own opinion".[14]
    Till here, one can conclude that the argument over mut'ah's permissibility doesn't go back to whether or not the Prophet (pbuh) legislated its permissibility or not, or whether or not any of the Sahaba performed it or not, or whether or not they believed in its permissibility after the Prophet's demise or not (before the second khalifa's reign). On the contrary, the root of this argument is whether this action, which was allowed during the Prophet's time and was acted upon by his companions, was nullified or not. Also, a part of this argument goes back to the fact that some have considered its permissibilitng the Prophet's time and will punish anyone who performs them; the mut'ah of women (getting married temporarily to them) and the mut'ah of Hajj."[23]
    4)   The sahabas’ position and viewpoint regarding temporary marriage:
    A large number of sahabis and tabe'in (those who followed the Prophet's time but never saw him) see mut'ah as permissible and not nullified. They are as follows:
    1) Imran ibn Hussain
    2) Abdullah ibn Umar
    3) Salamah ibn Umayyah
    4) Ma’bad ibn Umayyah
    5) Zubair ibn 'Awamm
    6) Khaled ibn Muhajir
    7) Ubayy ibn Ka'b
    8) Rabi'ah ibn Umayyah
    9) al-Sadi
    10) Mujahid
    11) Ibn Aws Madani
    12) Anas ibn Malek
    13) Mu'awiyyah ibn abi-Sufyan
    14) Ibn Juraih
    15) Nafe'
    16) Sabib ibn abi-Thabit
    17) Hakam ibn Utaybah
    18) Jabir ibn Yazid
    19) al-Bara' ibn 'Azeb
    20) Sahl ibn Sa'd
    21) Mughairah ibn Shu'bah
    22) Salamah ibn Akwa'
    23) Zayd ibn Thabet
    24) Khaled ibn Abdillah al-Ansari
    25) Ya'la ibn Umayyah
    26) Safwan ibn Umayyah
    27) Amr ibn Hawshab
    28) Amr ibn Dinar
    29) Ibn Jurair
    30) Sa'eed ibn Habib
    31) Ibrahim al-Nakha'i
    32) Hasan Basri
    33) Ibn Musayyab
    34) A'mash
    35) Rabi' ibn Meysarah
    36) Abi Zuhari Mutraf
    37) Malek ibn Anas (in one of his two viewpoints)
    38) Ahmad ibn Hanbal in some conditions
    39) Abu Hanifah according to some cases[24]
     
    5) Doubts and questions on mut'ah:
    a) The whole purpose of legislating the permissibility of marriage is for the establishment of a family and the continuation of generations, while temporary marriage defeats this purpose because the only reason for such a marriage is sexual satisfaction.
    Answer:
    This question comes up because one mixes up the benefits of a specific ruling and its “subject” (In order to see what is meant by the subject of a ruling , pay attention to the following example: “Prayer is wajib” ; This ruling has a ruling and a subject; its ruling is wujub, or in other words, being mandatory. The subject of this ruling is the act that has been made mandatory, which in this case is prayer.). What was mentioned was one of the benefits of marriage, but its ruling doesn't solely depend on that particular benefit, thus, getting married to a barren or ya'esah woman (one who has reached menopause), or a girl who is still a child is also acceptable (although the abovementioned benefit isn't possible with them). Many young couples get married only for fulfilling reproductive desires in an Islamically legitimate way and don’t even think of bringing a child (although it might accidentally happen), yet their marriage is right and no one says that such intentions are problematic.
    What is strange is that sexual desires are counted as its only benefit, while in many cases like in permanent marriage, one gets temporarily married for other reasons such as bringing a child, managing and taking care of the home, or nursing and growing children etc.
    The question we have from those who oppose mut'ah is that if its purpose contradicts that of permanent marriage, then what do you have to say about couples who get married with the intention of getting divorced after two months? Is their marriage correct or not?  Clearly, no faqih and alem (scholar) says such a marriage is incorrect unless he wants to say something completely illogical. So what is the difference between the two, other than one being timely and the other, permanent?
    The author of al-Minar says: "The strictness of past and present ulema (scholars) and them prohibiting mut'ah, necessitates the prohibition of permanent marriage with the intention of getting separated by divorce afterwards. Yet, they say that if one has this intention at the time of marriage but doesn't mention it when performing the contract as one of the contract’s conditions, the contract is correct (and the two become husband and wife, although if it is mentioned, it will surely make the contract void), nevertheless, hiding this intention is considered deceit, thus, such a contract deserves to be void (although it isn't) more than a contract in which such intentions have been mentioned in (because when it isn’t mentioned, it is considered deceit)."[25]
    We the Shia believe that if the couple themselves are content (in order for it not to become a form of deceit), and make a time limit one of the contract's conditions, it is still correct and they are husband and wife.
    b) The permissibility of mut'ah contradicts the verse that says: "And those who guard their private parts;
    except from their spouses or their slave women, for then they are not blameworthy; but whoever seeks (anything) beyond that it is they who are transgressors."[26] This verse is saying that anyone who goes after anything other than the mentioned instances has crossed Allah's red line and entered the domain of haram acts. Mut'ah doesn't cause any legitimate relationship between two people, so one who has intercourse with his mut'ah "wife" has commited a haram act.
    Answer:
    This is merely a claim that has no backup. Such a woman is the man's wife and has her own rulings. Just because her sustenance (nafaqah) isn't the man's responsibility and the fact that she doesn't bear the qismah right (which says the different wives of one man equally share his sleeping with them, each "owning" the same number of nights), doesn't make her not be his wife. The nashizah woman (one who doesn't do tamkin) is considered one's wife although she lacks the nafaqah and qismah rights, and the same goes with a girl who has become one's wife while merely being a child.
    It is completely wrong to say that since there is no ruling, there is no subject of the ruling. Sometimes the subject is there, but its ruling isn’t. Being husband and wife is a relationship between a couple that is followed by numerous rulings and decrees, if some of them cease to exist, it doesn't mean that the relationship in its entirety doesn’t exist either. There are chances that some of these rulings exclusively belong to some types of marriage, not all of them.
    c) One who performs temporary marriage, isn’t after companionship and a life free of adultery and sin, on the contrary, his/her sole intention is adultery. And although there is a responsibility of the man taking care of his spouse and therefore somewhat causing an obstacle for him committing adultery, there is no obstacle for the woman to commit it and she is able to offer and present herself to other men anytime she desires, becoming one of the instances of the poem that speaks of a ball that is struck back and forth by polo-sticks.[27]
    Answer:
    Who says that being protected only belongs to men? If this marriage is right, both men and women can protect themselves from adultery. Three things prevent young women from wrongdoing:
    1- Permanent marriage
    2- Temporary marriage with the conditions that were mentioned earlier
    3- Controlling and dominating one's sexual drive
     
    The first choice isn't a practical one for young girls and boys because of the low salaries that they receive from their families or the government or anywhere else. Taming the sexual drive is also impractical and almost impossible except for a few exceptional individuals. The only option that remains for youth in order not to fall into sin and corruption is temporary marriage.
    Islam is Allah's final religion and Prophet Muhammad (pbuh) is His final messenger, his book being the final book and his decrees being the final ones. Such  characteristics call for this religion to have a solution for every social problem that might occur in order to keep the respect and greatness of Muslims. Sexual problems aren't an exception and Islam surely needs to provide a solution.
    Imam Ali's (as) voice can still be heard, warning mankind of the negative consequences of not taking this solution serious: "If it wasn't for him (Umar banning mut'a) no one would ever commit adultery other than the shaqiyy (wretched)."[28]
    As for linking mut'ah to the poem mentioned above, it is a sign of this person's ignorance regarding its essence and its borders and limits. The mut'ah that this person is thinking of, is one of the wrong statements that the Shia have always been accused of[29], while the Shia find this accusation false. They don’t believe that the temporary wife is one who other men can have turns with, how is that so, while they say that after every temporary marriage she has to observe an Iddah?! If she has to observe an Iddah, offering herself to others will no longer have any meaning. Subhanallah! How can they lie so much about the Shia?! This poem is an insult to divine revelation and heavenly legislation, while all interpreters of the Quran and narrators of tradition all agree that such a decree was indeed legislated, even though they claim that it was eventually nullified. So what this person is actually saying is that during the time this marriage was allowed by the Prophet (pbuh), it was an illegitimate act!
    [1] See index: Remarrying after temporary marriage (question 1099).
    [2] Nisa:24.
    [3] See: Tabari, Tafsir Kabir; Zamakhshari, Kashaf; and the sharh (explanation) of Sahih Muslim by Nawawi in the beginning of the chapter on marriage, and other great scholars have all considered this recitation as one that no one can doubt about. In this case, the phrase " الی اجل مسمی" will only be an explanation added to the verse, not part of the verse.
    [4] Ezdevaje Movaqqat (temporary marriage), pg. 14-15, The Ahlul-Bayt World Assembly.
    [5] Nisa':3.
    [6] Nisa':4.
    [7] Nisa':25.
    [8] Mu'minoon:6.
    [9] Nisa':25, ... فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُن
    [10] Sahih Muslim, v.4, pg. 131, Musnad Ahmad, v.6, Fathul-Bari, v.9, pg.149.
    [11] Kashaf, v.1, pg. 498, printed in Beirut.
    [12] Tafsir Tabari, v.5, pg. 9, Fakhr Razi's Tafsir, v.10, pg. 5, al-Durrul-Manthur, v.2, pg. 140.
    [13]Sahih Bukhari, v.2, pg. 168 and v.6, pg. 33; Sahih Muslim, v.4, pg. 48, Sunan Nisa'i, v.5, pg.155; Musnad Ahmad, v.4, pg. 426 with an authentic chain of narrators.
    [14]See: Neylul-Atwar, v.6, pg. 271; Fathul-Bari, v.9, pg. 150.
    [15] Muminoon:6-7, إِلاَّ عَلى‏ أَزْواجِهِمْ أَوْ ما مَلَکَتْ أَیْمانُهُمْ فَإِنَّهُمْ غَیْرُ مَلُومینَ فَمَنِ ابْتَغَى‏ وَرَاءَ ذَالِکَ فَأُوْلَئکَ هُمُ الْعَادُون‏ "
    [16] Talaq:1 "فطلقون لعدتهن"
    [17]Ahkamul-Quran, 290, pg. 184-195, chapter of mut'a, Darul-Kutub al-Ilmiyyah; Sahih Muslim along with the explanation of Nawawi, v.9, pg. 179, the chapter on mut'a Irshadus-Sari.
    [18]See: Sahih Muslim, v.2, pg. 130, Darul-Fikr Press, Beirut.
    [19]The tafsir of Qurtobi, v.5, pg.130-131.
    [20] Zadul-Ma'ad, v.2, pg. 204. 
    [21] See: Ezdevaje Movaqqat (temporary marriage), pg. 17-21, The Ahlul-Bayt World Assembly.
    [22]Al-Insaf fi Masa'ela Dama fihil-Khilaf, pg. 534.
    [23] Sharh Ma'anil-Athar, v.2, pg. 146.
    [24] Al-Ghadir, v.6, pg. 220, and Ezdevaje Movaqqat dar Islam, pg. 133, and Mut'a az Fakiki, and Ahkamul-Shar'iyyah fi Ahwalal-Shakhsiyyah.
    [25] Tafsir Al-Minar, v.3, pg. 17.
    [26] Mu'minoon:5-7.
    [27] Tafsir Al-Minar, v.5, pg. 13.
    [28] Mustadrakul-Wasa'el, v.14, pg. 478. " فَلَوْلَاهُ مَا زَنَى إِلَّا شَقِیٌّ أَوْ شَقِیَّة"
    [29] See: Kitabul-Sunnah wal-Shia, pg. 65-66.
    With Duas.
    Narsis.
    http://www.islamquest.net/en/archive/question/fa915
  18. Like
    narsis got a reaction from ktk in Learn how to pray!   
    Bismillah.
    Salamun Alaykum.
    I think there are certain situation, preliminaries, etiquettes and methods for prayer. The first necessary condition for an ideal praying is Ma'rifah (to have knowledge about Allah) which can be acquired through learning about Allah’s attributes and pondering in His signs in the world, and maybe for this, we have in some narrations:
     
    "فكرة ساعة خير من عبادة ستّين سنة"
     
    “To think for an hour is better than worshiping sixty years.”
    (Nahj al-Fasahah p.590)
  19. Like
    narsis got a reaction from sarariz in Bibi Sakina (a.s) or Bibi Ruqayyah (a.s)?   
    Bismillah.
    Salaam.

    incidents that took place for her in the ruins of Sham.[3] Most of these writers have cited this story from the book of "Kamel Baha’i" which was written in seventh century A. H. tragic  (accounts of what took place on Ashura) have mentioned two girls with the names of Fatimah  and Sukainah when counting the daughters of Imam Hussein.[1] Also, some have added the name of "Zeynab"[2], while other books have narrated the story of the Imam's small daughter and themaqtalsMany historians and those who write

    There are also clues in our hadith and history sources that support her existence and as an example we will mention one of them:

    First: When Lady Zeynab  was speaking to the head of her brother, Imam Hussein, she recited poems that consisted of the following sentence: "O Brother! Speak to little Fatimah for it is close for her heart to become empty (it is close for her to pass away)."[4] This sentence indicates that such a small girl existed and could not bear the separation from her father.

    that: "She (Sukainah) married her cousin (Abdullah Bin Al Hassan) who was martyred on the day of Ashura before consummating their marriage and no child was born from this marriage."[7] Tabarsi also narrates that: "Sukainah, the daughter of Imam Hussein was 10 years old during the incident of Ashura."[8]Maghtal al-Hussein we find that Shia and Sunni historians have mentioned a daughter named Sukainah for Imam Hussein. In this regard Sheikh Mufid says:" Sukainah is among the daughters of Imam Hussein and her mother's name is Rubab."[5] Sheikh Tabarsi also mentions her name saying that: "Imam Hussein married her to Abdullah Bin Al Hassan - her cousin - that was martyred on the day of Ashura." [6] It is mentioned in the book MaqatelWhen examining historical books and the

    Dhahabi has also mentioned in his "Tarikh al-Islam" that Sukainah was the daughter of Imam Hussein and names up to 20 books that have mentioned Sukainah as the Imam's daughter.[9] Therefore many books have mentioned Sukainah as the daughter of Imam Hussein.  In addition to the books mentioned in this article, we have mentioned the names of the rest of these books in the footnotes.[10] 

    However, regarding her age, there is no clear narration, and it is only understood from the different opinions that during Ashura she was either married or she had reached the age of marriage.[11]   

    Taking what was said in to consideration, one can conclude that a daughter of Imam Hussein (who was either named Ruqayyahh or Fatimah ) passed away beside the head of her father in the ruins of Sham, and that this little girl was not Sukainah, the other daughter of the Imam who lived for many years after her father's martyrdom.  

     
     

     
    [1] Mufid, Muhammad bin Nu’man, Al-Irshaad, The Collection of the Works of Sheikh Mufid, vol. 2, pg. 135, Dar al-Mufid, Beirut, 1414 AH.

    Ibn Shahr Ashub, Manaaqib Aal Abi Taleb, vol. 4, pg. 77, Allamah Publications Institute, Qom Seminary Print.

    Tabarsi, A’laam al-Waraa, vol. 1, pg. 478, Aal Bayt Institute, first print, 1417 AH.

    Mus’ab al-Zubayri, Nisab al-Quraysh, pg. 59, Dar al-Ma’aarif, Cairo, third print.

    Beladheri, Ansaab al-Ashraaf, vol. 3, pg. 1288, Dar al-Fikr, Beirut , first print, 1401 AH.

    Sibt bin Jowzi, Tadhkirah al-Khawass, pg. 349, Ahlul-Bayt Institute, Beirut, first print, 1401

    [2] Al-Arbali, Kashf al-Ghummah fi Ma’rifat al-A’immah, vol. 2, pg. 38, researched by Rasuli, Tabriz, Suuq Masjid Jame’.

    [3] Qummi, Sheikh Abbas, Nafas al-Mahmum, pp.415-416, Maktabah al-Heydariyyah Publications, first print, 1379.

    Al-Iqaad, Shah Abdul-Azimi, pg. 179, researched by Razavi, Firuzabadi Publications, first print, 1411 AH.

    Ha’eri, Ma’aali al-Sibtayn, vol.2, pg. 170, Al-Numaan Publications, Beirut, 1412 AH.

    Qummi, Sheikh Abbas, Muntaha al-Aamaal, vol. 1, pg. 807, Hijrah Publications Institute, fourth print, 1411 AH.

    Tabari, Imaduddin, Kamel Baha’i, vol. 2, pg. 179, Maktabah Al-Mustafavi.

    [4] Majlisi, Muhamamad Baqir, Bihar al-Anwar, vol. 45, pg. 115 “…یا اخی فاطم الصغیرة کلمّا فقد کاد قلبها ان یذوبا”;

    Al-Qanduzi, Yanabi’ al-Mawaddah, vol. 2, pg. 421, Al-Sharif Al-Radhiyy Publications, first print, 1371.

    [5] Mufid, Muhammad bin Nu’maan, Al-Irshad, vol. 2, pg. 37, Ilmiyyah Islamiyyah Publications.

    [6] Tabarsi, A’laam al-Waraa, vol. 1, pg. 418, Aal al-Bayt Publications; Mufid, Muhammad bin Nu’man, Al-Irshad, pg. 25; Arbali, Kashf al-Ghummah, pg. 157.

    [7] Musawi, Abd al-Razzaaq, Maqtal al-Husein, pg. 397, Basirati Publications.

    [8] Ibid.

    [9] Al-Dhahabi, Tarikh al-Islam, vol. 7, pg. 371, Dar al-Kutub al-Arabi, Beirut, Lebanon.

    [10] Abu al-Faraj al-Isfahani, Maqaatil al-Talebin, pp. 94, 119, 133, 167; Al-Baladheri, Ansaab al-Ashraaf, vol. 3, pg. 362; Ibn Hanaan, Al-Thuqaat, vol. 4, pg. 351, Al-Kutub al-Thaqaafiyyah Publications; Al-Bukhari, Al-Taarikh al-Saghir, vol. 1, pg. 273, Dar al-Ma’rifah, Beirut, Lebanon; Al-Usfuri, Taarikh Khalifah bin Khayaat, pg. 274, Dar al-Fikr, Beirut; Muhammad bin Sa’d, Al-Tabaqaat al-Kubra, vol. 8, pg. 475, Beirut; Al-Muzni, Tahdhib al-Kamaal, vol. 6, pg. 397, Al-Risalah Publications; Ibn Aamir, Taarikh al-Madinah, vol. 2, pg. 52, and vol. 29, pg. 69 in different pages, Damascus, Dar al-Fikr; Ibn Maakulaa, Ikmaal al-Kamaal, vol. 4, pg. 316 and vol. 7, pg. 107, Dar al-Kitab al-Islamiyy, Cairo; Majlisi, Muhammad Baqir, Bihar al-Anwar, vol. 45, pg. 169, pg. 47, Beirut; Qummi, Sheikh Abbas, Muntaha al-Aamaal, vol. 1, pg. 547, Huseini Publications.

    [11] Mufid, Muhammad bin Nu’maan, Al-Irshad, vol. 2, pg. 22, Farsi translation, Rasuli Mahallati, Ilmiyyah Islamiyyah Publications.

    http://www.islamquest.net/en/archive/question/fa10135Source:

    With Duas.

    Narsis.
     
  20. Like
    narsis got a reaction from Zavon in Cutting off hands of a thief   
    Conditions for cutting a thief's hand:
    1- He has to be adult (Bāliq)
    2- He has to be sane.
    3- He has stolen by his choice.
    4- The stolen thing has to be at least one forth of Dīnār.
    5- He knows that what he is taking is other's, not him.
    6- He has not to be shareholder of what he has stolen.
    7- The stolen thing had to be in a secure place and closed door so that thief had to break the security of that place. So if someone else opens the door for him or he steals from public places like mosque, this punishment will not be implemented.
    8- He steals in secret.   
    9- He has not stolen out of necessity (ʼIdhtirār) and desperation.
    10- The thief has not to be the father of whom he has stolen from. So the hand of father will not be cut because he has stolen his child's properties.
    And other conditions have been mentioned as well. 
  21. Like
    narsis got a reaction from Abdul Batin Bey in Mutah is Halal   
    Bismillah.
    Salaam.

    Conditions of Temporary marriage:

    In order to carry out a temporary (concubine) marriage contract, a number of prerequisites ought to be executed:

    (i) the contract's formula ought to be read out. Consent (from the man and woman involved), alone, does not suffice; such a consent, moreover, must be accompanied by a declaration of specific and stipulated phrases.

    (ii) Obligatory precaution dictates that the contract's wording be recited accurately in Arabic. Assuming the man and woman are not able to recite the formula, in Arabic, it won't be necessary to execute the contract by proxy; reciting the contract in another language is deemed valid. All that is required is that the meaning of the terms 'zawwaj-tu' (I have married) and 'qabil-tu' (I have accepted) be properly conveyed and understood.

    (iii) Assuming the man and woman desire to execute the contract by themselves, they must initially stipulate the temporary marriage's (a) time frame (e.g. 1 hour, 2 days, 3 months etc.) and (b) dowry. Next, the woman must recite:

    "zawwaj-tu-ka nafsi fil-mudda-til ma'loomah 'alal mah-ril ma'loom"



    The man must follow successively by saying:

    "qabil-tu"

    Another variation involves the woman's attorney saying (to the man's attorney):

    "matta'-tu muwakkilati muwakkila-ka fil-mudda-til ma'loomah 'alal mah-ril ma'loom"



    The man's attorney then follows successively by saying:

    "qabil-tu li-muwakkili haakatha"

    (iv) The determination, and stipulation, of the dowry ought to be done at the time of the contract's execution.

    (v) Note that the man and woman, or their attorneys, must intend to 'declare' their marriage contracts i.e. by reciting "zawwaj-tu-ka nafsi…" the woman ought to intend to declare that she is designating herself as the man's wife; and by reciting "qabil-tu", the man must intend to declare acceptance vis-à-vis the woman's being his wife

    (vi) The one who recites the contract formula ought to be sane and pubescent.

    (vii) Assuming the man and woman's attorneys or guardians are carrying out the contract, the man and woman's names ought to be specified

    (viii) A pubescent virgin requires her father/grandfather's permission in order to marry, even though she is autonomous (i.e. able to lead her life independently). However, such permission is not required were she not a virgin (due to a previous husband).

    (ix) (i.e. the period during which she must wait after divorce or death of her husband before she may legitimately re-marry)'iddahAt the time of the contract's execution, the woman must neither be, actually, temporarily/permanently married to another nor be within her

    (x) Consent is necessary; any form of compulsion or force is prohibited.

    Naturally, there exists other matters and conditions which may be accessed in books of jurisprudence. The above information is in accordance with the verdicts of Imam Khumayni; if your religious authority is someone else, please inform us and we shall reply accordingly.

    http://www.islamquest.net/en/archive/question/fa627

    With Duas.

    Narsis.
  22. Like
    narsis got a reaction from Abdul Batin Bey in Mutah is Halal   
    Bismillah.
    Salaam.
    Why do the Shia consider temporary marriage (sighah/mut’ah) permissible?
    Temporary marriage is an accepted system of marriage by the Qur'an and Shīʻī jurisprudence. Through learning and studying Islamic traditions and knowing the philosophy behind every rules, we will admit the precise and accurate system of jurisprudential issues. Please read this article accurately and refer to the references I've provided at the end;
    Before beginning this debate, two points need to be mentioned:
    1) This issue is a fiqhi one, therefore it originally needs to be analyzed in the right place by Sunni and Shia fiqh experts (fuqaha’) along with Quranic and hadithic reasoning and without any negative propaganda and making noise or insult by any of the two sides.
    2) Analyzing this issue along with propaganda and insult (as seen in some websites and opposing books) is not the right way to analyze it and is far from proper Islamic behavior.
    In order to be able to reach a conclusion, the following points need to be mentioned and analyzed:
    1) The definition of temporary marriage
    2) The Quranic and hadithic reasoning behind it being permissible
    3) Has its ruling been nullified?
    4) What the sahaba and tabe’in’s viewpoints were on it.
    5) Some of the doubts and questions regarding this issue
     
    1) Its definition:
    Mut’ah means for a free woman (who isn’t a slave) to willingly get married to a man for a limited and specified time, along with the mahr (dowry) they have agreed on, given that there aren’t any sababi (restrictions that are caused by certain causes eg. when one gets married to a woman, he can no longer get married to her mother even if he divorces her and in other words, marrying her mother is haram forever), nasabi (restrictions that are a result of certain family relationships eg. one cannot get married to his sister, mother or aunts), and rezai (restrictions caused by a woman breast feeding a child of course only certain breastfeeding with the necessary conditions) restrictions to getting married, that the woman isn’t married to another man, that she isn’t in her Iddah (the waiting period in which a woman must observe after divorce before being able to get married to another man) or any other restrictions.
    In this marriage contract, there is no divorce, and whenever the specified time of the marriage ends, the couples are no longer “husband” and “wife”. If they have had any intercourse and at the same time she isn’t ya’esah (referring to a woman in menopause) she has to the observe the divorce Iddah after their separation. If she doesn’t have a menstrual period, but is in the age that she is supposed to see blood, she has to observe Iddah for forty-five days.[1]
    The child of such a marriage, regardless of whether it is a girl or boy, is the father’s and is called by his name and inherits from both his mother and father. All of the general rulings pertaining to fathers, mothers, their children, and the child’s aunts and uncles go here too.
     
    2) The reason behind its permissibility:
    All Muslims agree and no one argues the fact that the permissibility of such a marriage has been legislated by Islam such that all Islamic scholars of all sects (with all of their differences) have no objection here. Of course, Sunnis believe that its permissibility has been nullified. We will analyze this claim as we go on.
    As for its Quranic reasoning:
    Allah (swt) says:     فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَریضَةً [2]
    Ubayy ibn Ka’b, Ibn Abbas, Sa’id ibn Jubayr, Ibn Mas’ud, and Al-Sadi all would recite the mentioned verse in the following manner:   فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ إِلى‏ أَجَلٍ مُسَمًّى (In other words, they would add the underlined phrase). Agreed, the writer of Tafsir Al-Minar (Rashid Rhidha) insists that this verse was revealed concerning permanent marriage, but this theory is incorrect because:
    a) A large number of the sahabah believe that this verse was revealed concerning temporary marriage, not permanent marriage.  The reason for such a claim is that they would always add this phrase «إِلى‏ أَجَلٍ مُسَمًّى» to the end of the verse. Back then, this phrase was used and added to a marriage contract to indicate its temporariness (showing that when they would add it to the abovementioned verse, they believed that it is talking about temporary marriage). This phrase literally means until a certain mentioned time.
    b) Although the word mut’ah (and its derivatives, like the one in the previous verse) can also be used for permanent marriage, its frequent usage is for temporary marriage, therefore if it is used, it is apparently pointing to temporary marriage. On the other hand, the word “nikah” can be used for temporary marriage, although its usage for permanent marriage is stronger. Therefore, this verse is most probably and apparently speaking of temporary marriage.[3] [4]
    Even if one doesn't accept that mut’ahs apparent meaning isn't temporary marriage, the least is that it denotes temporary marriage and as a result, will be one of the cases in which a word is used in a sentence for more than one meaning.
    c) Using mut’ah in the verse to convey permanent marriage entails an unnecessary repetition in the verse. That is because in the beginning of surah Nisa' (which has expressed most of the rights and decrees pertaining to women) all of the different types of marriage have been mentioned in a special order. As for permanent marriage, it says: "If you fear that you may not deal justly with the orphan (girls), then marry (other) women that you like, two, three, or four. But if you fear that you may not treat them fairly, then (marry only) one…"[5]
    Regarding the mahr (dowry) of a marriage, it says: "Give women their marriage-portion freely, (without any restraint), but if they themselves (voluntarily) remit to you anything thereof, then you may consume it with pleasure."[6]
    Concerning female slaves (Ima'): "And whosoever of you who has not the means to marry free-believing men, may marry believing girls from among those (captives and slaves) whom you own; and Allah is The Knower of your Faith; you are Fellow-creatures; then, wed them with the permission of their masters and give them their marriage-portion according to what is reasonable, provided that they are chaste, not adulterous nor taking secret lovers…"[7]
    Here, when Allah (swt) says " ما مَلَکَتْ أَیْمانُهُمْ " (those whom you own), He is pointing to the marriage between a person and his female slave. This issue has also been mentioned in this verse: "Except from their spouses or their slave women, for then they are not blameworthy. "[8]
    Finally this statement that says: " فَانْکِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ " (then marry them with the permission of their masters) indicates the marriage between a man and the female slave of a third person.
    Till this verse, all of the different types of marriage have been counted. The only one left is temporary marriage, which has been also been stated in the previous verse. As a result, interpreting this phrase
    " فَمَا اسْتَمْتَعْتُمْ " as something pertaining to permanent marriage and the phrase " فَآتُوهُنَّ أُجُورَهُن" (so grant them their dowries) as its mahr and dowry both entail repetition that is not needed at all, because both have already been mentioned in the previous verses.
    Anyways, by taking a look at this surah, one can conclude that it is trying to list all of the different types of marriage in a specific order and this list doesn't come out to be complete unless temporary marriage is meant by the abovementioned verse (as the verse's apparent meaning also shows).
    d) If permanent marriage is meant, then why has it been claimed that temporary marriage has been nullified? In this case there is no meaning in temporary marriage being nullified, because when the Quran hasn’t legislated it in the first place, how it can be nullified?
    e) In this verse, paying the mahr or dowry has been announced as subject to estemta' (sexual pleasure) when it says: "For the enjoyment you have had from them (sexual intercourse) thereby give them their dowries…"[9] and this matter suits temporary marriage, not permanent marriage because in the latter, the woman becomes owner of the dowry as soon as the marriage contract is performed, although paying all of it depends on the marriage being consummated (while in the former, she only becomes owner after the contract being consummated). Of course, how and when it is paid all depend on the society where the couple live in and the traditions there. Some might even give it before the contract is performed, while others might delay it until after the husband's death for the wife to inherit it.
    These were a few of the many Quranic reasons for temporary marriage.
     
    Now the reasons for it from the tradition of Prophet Muhammad (pbuh):
    The followers of the Prophet's tradition all know that there are many genuine and authentic hadiths on the permissibility of temporary marriage during his time, here are a few:
    a) Jaber ibn Abdillah al-Ansari reports: "We would perform temporary marriage during the time of Rasulullah (pbuh) and it was also allowed during Abu Bakr’s time until Umar banned it.[10]
    b) It has been quoted from Ibn Abbas that: "The verse of mut'ah (that says that mut'ah is halal) is of the muhkam verses of the holy Quran (verses that are clear statements accepting no interpretation) which hasn't been nullified."[11]
    c) Both Hakim and Ibn Jarih report that Imam Ali (as) said: "If Umar hadn't banned mut'ah, no one would ever commit adultery other than shaqiyy (wretched) individuals."[12]
    d) It has been quoted that 'Imran ibn Hasin said: "The Quran contains the mut'ah verse and there is no other verse that (has come after it that) nullifies it. The Prophet (pbuh) ordered us to it and never banned it during his lifetime. After his demise, someone came and banned it on his own behalf and according to his own opinion."[13]
    This hadith shows that mut'ah was halal until the second khalifah's time which this hadith refers to as "someone who banned it on his own behalf and according to his own opinion".[14]
    Till here, one can conclude that the argument over mut'ah's permissibility doesn't go back to whether or not the Prophet (pbuh) legislated its permissibility or not, or whether or not any of the Sahaba performed it or not, or whether or not they believed in its permissibility after the Prophet's demise or not (before the second khalifa's reign). On the contrary, the root of this argument is whether this action, which was allowed during the Prophet's time and was acted upon by his companions, was nullified or not. Also, a part of this argument goes back to the fact that some have considered its permissibilitng the Prophet's time and will punish anyone who performs them; the mut'ah of women (getting married temporarily to them) and the mut'ah of Hajj."[23]
    4)   The sahabas’ position and viewpoint regarding temporary marriage:
    A large number of sahabis and tabe'in (those who followed the Prophet's time but never saw him) see mut'ah as permissible and not nullified. They are as follows:
    1) Imran ibn Hussain
    2) Abdullah ibn Umar
    3) Salamah ibn Umayyah
    4) Ma’bad ibn Umayyah
    5) Zubair ibn 'Awamm
    6) Khaled ibn Muhajir
    7) Ubayy ibn Ka'b
    8) Rabi'ah ibn Umayyah
    9) al-Sadi
    10) Mujahid
    11) Ibn Aws Madani
    12) Anas ibn Malek
    13) Mu'awiyyah ibn abi-Sufyan
    14) Ibn Juraih
    15) Nafe'
    16) Sabib ibn abi-Thabit
    17) Hakam ibn Utaybah
    18) Jabir ibn Yazid
    19) al-Bara' ibn 'Azeb
    20) Sahl ibn Sa'd
    21) Mughairah ibn Shu'bah
    22) Salamah ibn Akwa'
    23) Zayd ibn Thabet
    24) Khaled ibn Abdillah al-Ansari
    25) Ya'la ibn Umayyah
    26) Safwan ibn Umayyah
    27) Amr ibn Hawshab
    28) Amr ibn Dinar
    29) Ibn Jurair
    30) Sa'eed ibn Habib
    31) Ibrahim al-Nakha'i
    32) Hasan Basri
    33) Ibn Musayyab
    34) A'mash
    35) Rabi' ibn Meysarah
    36) Abi Zuhari Mutraf
    37) Malek ibn Anas (in one of his two viewpoints)
    38) Ahmad ibn Hanbal in some conditions
    39) Abu Hanifah according to some cases[24]
     
    5) Doubts and questions on mut'ah:
    a) The whole purpose of legislating the permissibility of marriage is for the establishment of a family and the continuation of generations, while temporary marriage defeats this purpose because the only reason for such a marriage is sexual satisfaction.
    Answer:
    This question comes up because one mixes up the benefits of a specific ruling and its “subject” (In order to see what is meant by the subject of a ruling , pay attention to the following example: “Prayer is wajib” ; This ruling has a ruling and a subject; its ruling is wujub, or in other words, being mandatory. The subject of this ruling is the act that has been made mandatory, which in this case is prayer.). What was mentioned was one of the benefits of marriage, but its ruling doesn't solely depend on that particular benefit, thus, getting married to a barren or ya'esah woman (one who has reached menopause), or a girl who is still a child is also acceptable (although the abovementioned benefit isn't possible with them). Many young couples get married only for fulfilling reproductive desires in an Islamically legitimate way and don’t even think of bringing a child (although it might accidentally happen), yet their marriage is right and no one says that such intentions are problematic.
    What is strange is that sexual desires are counted as its only benefit, while in many cases like in permanent marriage, one gets temporarily married for other reasons such as bringing a child, managing and taking care of the home, or nursing and growing children etc.
    The question we have from those who oppose mut'ah is that if its purpose contradicts that of permanent marriage, then what do you have to say about couples who get married with the intention of getting divorced after two months? Is their marriage correct or not?  Clearly, no faqih and alem (scholar) says such a marriage is incorrect unless he wants to say something completely illogical. So what is the difference between the two, other than one being timely and the other, permanent?
    The author of al-Minar says: "The strictness of past and present ulema (scholars) and them prohibiting mut'ah, necessitates the prohibition of permanent marriage with the intention of getting separated by divorce afterwards. Yet, they say that if one has this intention at the time of marriage but doesn't mention it when performing the contract as one of the contract’s conditions, the contract is correct (and the two become husband and wife, although if it is mentioned, it will surely make the contract void), nevertheless, hiding this intention is considered deceit, thus, such a contract deserves to be void (although it isn't) more than a contract in which such intentions have been mentioned in (because when it isn’t mentioned, it is considered deceit)."[25]
    We the Shia believe that if the couple themselves are content (in order for it not to become a form of deceit), and make a time limit one of the contract's conditions, it is still correct and they are husband and wife.
    b) The permissibility of mut'ah contradicts the verse that says: "And those who guard their private parts;
    except from their spouses or their slave women, for then they are not blameworthy; but whoever seeks (anything) beyond that it is they who are transgressors."[26] This verse is saying that anyone who goes after anything other than the mentioned instances has crossed Allah's red line and entered the domain of haram acts. Mut'ah doesn't cause any legitimate relationship between two people, so one who has intercourse with his mut'ah "wife" has commited a haram act.
    Answer:
    This is merely a claim that has no backup. Such a woman is the man's wife and has her own rulings. Just because her sustenance (nafaqah) isn't the man's responsibility and the fact that she doesn't bear the qismah right (which says the different wives of one man equally share his sleeping with them, each "owning" the same number of nights), doesn't make her not be his wife. The nashizah woman (one who doesn't do tamkin) is considered one's wife although she lacks the nafaqah and qismah rights, and the same goes with a girl who has become one's wife while merely being a child.
    It is completely wrong to say that since there is no ruling, there is no subject of the ruling. Sometimes the subject is there, but its ruling isn’t. Being husband and wife is a relationship between a couple that is followed by numerous rulings and decrees, if some of them cease to exist, it doesn't mean that the relationship in its entirety doesn’t exist either. There are chances that some of these rulings exclusively belong to some types of marriage, not all of them.
    c) One who performs temporary marriage, isn’t after companionship and a life free of adultery and sin, on the contrary, his/her sole intention is adultery. And although there is a responsibility of the man taking care of his spouse and therefore somewhat causing an obstacle for him committing adultery, there is no obstacle for the woman to commit it and she is able to offer and present herself to other men anytime she desires, becoming one of the instances of the poem that speaks of a ball that is struck back and forth by polo-sticks.[27]
    Answer:
    Who says that being protected only belongs to men? If this marriage is right, both men and women can protect themselves from adultery. Three things prevent young women from wrongdoing:
    1- Permanent marriage
    2- Temporary marriage with the conditions that were mentioned earlier
    3- Controlling and dominating one's sexual drive
     
    The first choice isn't a practical one for young girls and boys because of the low salaries that they receive from their families or the government or anywhere else. Taming the sexual drive is also impractical and almost impossible except for a few exceptional individuals. The only option that remains for youth in order not to fall into sin and corruption is temporary marriage.
    Islam is Allah's final religion and Prophet Muhammad (pbuh) is His final messenger, his book being the final book and his decrees being the final ones. Such  characteristics call for this religion to have a solution for every social problem that might occur in order to keep the respect and greatness of Muslims. Sexual problems aren't an exception and Islam surely needs to provide a solution.
    Imam Ali's (as) voice can still be heard, warning mankind of the negative consequences of not taking this solution serious: "If it wasn't for him (Umar banning mut'a) no one would ever commit adultery other than the shaqiyy (wretched)."[28]
    As for linking mut'ah to the poem mentioned above, it is a sign of this person's ignorance regarding its essence and its borders and limits. The mut'ah that this person is thinking of, is one of the wrong statements that the Shia have always been accused of[29], while the Shia find this accusation false. They don’t believe that the temporary wife is one who other men can have turns with, how is that so, while they say that after every temporary marriage she has to observe an Iddah?! If she has to observe an Iddah, offering herself to others will no longer have any meaning. Subhanallah! How can they lie so much about the Shia?! This poem is an insult to divine revelation and heavenly legislation, while all interpreters of the Quran and narrators of tradition all agree that such a decree was indeed legislated, even though they claim that it was eventually nullified. So what this person is actually saying is that during the time this marriage was allowed by the Prophet (pbuh), it was an illegitimate act!
    [1] See index: Remarrying after temporary marriage (question 1099).
    [2] Nisa:24.
    [3] See: Tabari, Tafsir Kabir; Zamakhshari, Kashaf; and the sharh (explanation) of Sahih Muslim by Nawawi in the beginning of the chapter on marriage, and other great scholars have all considered this recitation as one that no one can doubt about. In this case, the phrase " الی اجل مسمی" will only be an explanation added to the verse, not part of the verse.
    [4] Ezdevaje Movaqqat (temporary marriage), pg. 14-15, The Ahlul-Bayt World Assembly.
    [5] Nisa':3.
    [6] Nisa':4.
    [7] Nisa':25.
    [8] Mu'minoon:6.
    [9] Nisa':25, ... فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُن
    [10] Sahih Muslim, v.4, pg. 131, Musnad Ahmad, v.6, Fathul-Bari, v.9, pg.149.
    [11] Kashaf, v.1, pg. 498, printed in Beirut.
    [12] Tafsir Tabari, v.5, pg. 9, Fakhr Razi's Tafsir, v.10, pg. 5, al-Durrul-Manthur, v.2, pg. 140.
    [13]Sahih Bukhari, v.2, pg. 168 and v.6, pg. 33; Sahih Muslim, v.4, pg. 48, Sunan Nisa'i, v.5, pg.155; Musnad Ahmad, v.4, pg. 426 with an authentic chain of narrators.
    [14]See: Neylul-Atwar, v.6, pg. 271; Fathul-Bari, v.9, pg. 150.
    [15] Muminoon:6-7, إِلاَّ عَلى‏ أَزْواجِهِمْ أَوْ ما مَلَکَتْ أَیْمانُهُمْ فَإِنَّهُمْ غَیْرُ مَلُومینَ فَمَنِ ابْتَغَى‏ وَرَاءَ ذَالِکَ فَأُوْلَئکَ هُمُ الْعَادُون‏ "
    [16] Talaq:1 "فطلقون لعدتهن"
    [17]Ahkamul-Quran, 290, pg. 184-195, chapter of mut'a, Darul-Kutub al-Ilmiyyah; Sahih Muslim along with the explanation of Nawawi, v.9, pg. 179, the chapter on mut'a Irshadus-Sari.
    [18]See: Sahih Muslim, v.2, pg. 130, Darul-Fikr Press, Beirut.
    [19]The tafsir of Qurtobi, v.5, pg.130-131.
    [20] Zadul-Ma'ad, v.2, pg. 204. 
    [21] See: Ezdevaje Movaqqat (temporary marriage), pg. 17-21, The Ahlul-Bayt World Assembly.
    [22]Al-Insaf fi Masa'ela Dama fihil-Khilaf, pg. 534.
    [23] Sharh Ma'anil-Athar, v.2, pg. 146.
    [24] Al-Ghadir, v.6, pg. 220, and Ezdevaje Movaqqat dar Islam, pg. 133, and Mut'a az Fakiki, and Ahkamul-Shar'iyyah fi Ahwalal-Shakhsiyyah.
    [25] Tafsir Al-Minar, v.3, pg. 17.
    [26] Mu'minoon:5-7.
    [27] Tafsir Al-Minar, v.5, pg. 13.
    [28] Mustadrakul-Wasa'el, v.14, pg. 478. " فَلَوْلَاهُ مَا زَنَى إِلَّا شَقِیٌّ أَوْ شَقِیَّة"
    [29] See: Kitabul-Sunnah wal-Shia, pg. 65-66.
    With Duas.
    Narsis.
    http://www.islamquest.net/en/archive/question/fa915
  23. Like
    narsis got a reaction from Hameedeh in Help me with this...   
    Yes brother ... this is the Hadith saying by our beloved Prophet (p) in Bihaar al-Anwar, vol.76, p.181.
    And there is another Hadith stated by Imam Sadiq (a.s.): the man who sleeps in the state of Wudhu, he is sleeping while his bed is his mosque and place of worship. (Ibid)
    And if you wish to know more Ahadith you can refer to: Wasa'il al-Shi'a, vol.1, p.256, chapter 9th of chapters of Wudhu.
    And finally, feel free to ask what you want!
  24. Like
    narsis got a reaction from AbuHope in Mutah is Halal   
    Bismillah.
    Salaam.
    Why do the Shia consider temporary marriage (sighah/mut’ah) permissible?
    Temporary marriage is an accepted system of marriage by the Qur'an and Shīʻī jurisprudence. Through learning and studying Islamic traditions and knowing the philosophy behind every rules, we will admit the precise and accurate system of jurisprudential issues. Please read this article accurately and refer to the references I've provided at the end;
    Before beginning this debate, two points need to be mentioned:
    1) This issue is a fiqhi one, therefore it originally needs to be analyzed in the right place by Sunni and Shia fiqh experts (fuqaha’) along with Quranic and hadithic reasoning and without any negative propaganda and making noise or insult by any of the two sides.
    2) Analyzing this issue along with propaganda and insult (as seen in some websites and opposing books) is not the right way to analyze it and is far from proper Islamic behavior.
    In order to be able to reach a conclusion, the following points need to be mentioned and analyzed:
    1) The definition of temporary marriage
    2) The Quranic and hadithic reasoning behind it being permissible
    3) Has its ruling been nullified?
    4) What the sahaba and tabe’in’s viewpoints were on it.
    5) Some of the doubts and questions regarding this issue
     
    1) Its definition:
    Mut’ah means for a free woman (who isn’t a slave) to willingly get married to a man for a limited and specified time, along with the mahr (dowry) they have agreed on, given that there aren’t any sababi (restrictions that are caused by certain causes eg. when one gets married to a woman, he can no longer get married to her mother even if he divorces her and in other words, marrying her mother is haram forever), nasabi (restrictions that are a result of certain family relationships eg. one cannot get married to his sister, mother or aunts), and rezai (restrictions caused by a woman breast feeding a child of course only certain breastfeeding with the necessary conditions) restrictions to getting married, that the woman isn’t married to another man, that she isn’t in her Iddah (the waiting period in which a woman must observe after divorce before being able to get married to another man) or any other restrictions.
    In this marriage contract, there is no divorce, and whenever the specified time of the marriage ends, the couples are no longer “husband” and “wife”. If they have had any intercourse and at the same time she isn’t ya’esah (referring to a woman in menopause) she has to the observe the divorce Iddah after their separation. If she doesn’t have a menstrual period, but is in the age that she is supposed to see blood, she has to observe Iddah for forty-five days.[1]
    The child of such a marriage, regardless of whether it is a girl or boy, is the father’s and is called by his name and inherits from both his mother and father. All of the general rulings pertaining to fathers, mothers, their children, and the child’s aunts and uncles go here too.
     
    2) The reason behind its permissibility:
    All Muslims agree and no one argues the fact that the permissibility of such a marriage has been legislated by Islam such that all Islamic scholars of all sects (with all of their differences) have no objection here. Of course, Sunnis believe that its permissibility has been nullified. We will analyze this claim as we go on.
    As for its Quranic reasoning:
    Allah (swt) says:     فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُنَّ فَریضَةً [2]
    Ubayy ibn Ka’b, Ibn Abbas, Sa’id ibn Jubayr, Ibn Mas’ud, and Al-Sadi all would recite the mentioned verse in the following manner:   فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ إِلى‏ أَجَلٍ مُسَمًّى (In other words, they would add the underlined phrase). Agreed, the writer of Tafsir Al-Minar (Rashid Rhidha) insists that this verse was revealed concerning permanent marriage, but this theory is incorrect because:
    a) A large number of the sahabah believe that this verse was revealed concerning temporary marriage, not permanent marriage.  The reason for such a claim is that they would always add this phrase «إِلى‏ أَجَلٍ مُسَمًّى» to the end of the verse. Back then, this phrase was used and added to a marriage contract to indicate its temporariness (showing that when they would add it to the abovementioned verse, they believed that it is talking about temporary marriage). This phrase literally means until a certain mentioned time.
    b) Although the word mut’ah (and its derivatives, like the one in the previous verse) can also be used for permanent marriage, its frequent usage is for temporary marriage, therefore if it is used, it is apparently pointing to temporary marriage. On the other hand, the word “nikah” can be used for temporary marriage, although its usage for permanent marriage is stronger. Therefore, this verse is most probably and apparently speaking of temporary marriage.[3] [4]
    Even if one doesn't accept that mut’ahs apparent meaning isn't temporary marriage, the least is that it denotes temporary marriage and as a result, will be one of the cases in which a word is used in a sentence for more than one meaning.
    c) Using mut’ah in the verse to convey permanent marriage entails an unnecessary repetition in the verse. That is because in the beginning of surah Nisa' (which has expressed most of the rights and decrees pertaining to women) all of the different types of marriage have been mentioned in a special order. As for permanent marriage, it says: "If you fear that you may not deal justly with the orphan (girls), then marry (other) women that you like, two, three, or four. But if you fear that you may not treat them fairly, then (marry only) one…"[5]
    Regarding the mahr (dowry) of a marriage, it says: "Give women their marriage-portion freely, (without any restraint), but if they themselves (voluntarily) remit to you anything thereof, then you may consume it with pleasure."[6]
    Concerning female slaves (Ima'): "And whosoever of you who has not the means to marry free-believing men, may marry believing girls from among those (captives and slaves) whom you own; and Allah is The Knower of your Faith; you are Fellow-creatures; then, wed them with the permission of their masters and give them their marriage-portion according to what is reasonable, provided that they are chaste, not adulterous nor taking secret lovers…"[7]
    Here, when Allah (swt) says " ما مَلَکَتْ أَیْمانُهُمْ " (those whom you own), He is pointing to the marriage between a person and his female slave. This issue has also been mentioned in this verse: "Except from their spouses or their slave women, for then they are not blameworthy. "[8]
    Finally this statement that says: " فَانْکِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ " (then marry them with the permission of their masters) indicates the marriage between a man and the female slave of a third person.
    Till this verse, all of the different types of marriage have been counted. The only one left is temporary marriage, which has been also been stated in the previous verse. As a result, interpreting this phrase
    " فَمَا اسْتَمْتَعْتُمْ " as something pertaining to permanent marriage and the phrase " فَآتُوهُنَّ أُجُورَهُن" (so grant them their dowries) as its mahr and dowry both entail repetition that is not needed at all, because both have already been mentioned in the previous verses.
    Anyways, by taking a look at this surah, one can conclude that it is trying to list all of the different types of marriage in a specific order and this list doesn't come out to be complete unless temporary marriage is meant by the abovementioned verse (as the verse's apparent meaning also shows).
    d) If permanent marriage is meant, then why has it been claimed that temporary marriage has been nullified? In this case there is no meaning in temporary marriage being nullified, because when the Quran hasn’t legislated it in the first place, how it can be nullified?
    e) In this verse, paying the mahr or dowry has been announced as subject to estemta' (sexual pleasure) when it says: "For the enjoyment you have had from them (sexual intercourse) thereby give them their dowries…"[9] and this matter suits temporary marriage, not permanent marriage because in the latter, the woman becomes owner of the dowry as soon as the marriage contract is performed, although paying all of it depends on the marriage being consummated (while in the former, she only becomes owner after the contract being consummated). Of course, how and when it is paid all depend on the society where the couple live in and the traditions there. Some might even give it before the contract is performed, while others might delay it until after the husband's death for the wife to inherit it.
    These were a few of the many Quranic reasons for temporary marriage.
     
    Now the reasons for it from the tradition of Prophet Muhammad (pbuh):
    The followers of the Prophet's tradition all know that there are many genuine and authentic hadiths on the permissibility of temporary marriage during his time, here are a few:
    a) Jaber ibn Abdillah al-Ansari reports: "We would perform temporary marriage during the time of Rasulullah (pbuh) and it was also allowed during Abu Bakr’s time until Umar banned it.[10]
    b) It has been quoted from Ibn Abbas that: "The verse of mut'ah (that says that mut'ah is halal) is of the muhkam verses of the holy Quran (verses that are clear statements accepting no interpretation) which hasn't been nullified."[11]
    c) Both Hakim and Ibn Jarih report that Imam Ali (as) said: "If Umar hadn't banned mut'ah, no one would ever commit adultery other than shaqiyy (wretched) individuals."[12]
    d) It has been quoted that 'Imran ibn Hasin said: "The Quran contains the mut'ah verse and there is no other verse that (has come after it that) nullifies it. The Prophet (pbuh) ordered us to it and never banned it during his lifetime. After his demise, someone came and banned it on his own behalf and according to his own opinion."[13]
    This hadith shows that mut'ah was halal until the second khalifah's time which this hadith refers to as "someone who banned it on his own behalf and according to his own opinion".[14]
    Till here, one can conclude that the argument over mut'ah's permissibility doesn't go back to whether or not the Prophet (pbuh) legislated its permissibility or not, or whether or not any of the Sahaba performed it or not, or whether or not they believed in its permissibility after the Prophet's demise or not (before the second khalifa's reign). On the contrary, the root of this argument is whether this action, which was allowed during the Prophet's time and was acted upon by his companions, was nullified or not. Also, a part of this argument goes back to the fact that some have considered its permissibilitng the Prophet's time and will punish anyone who performs them; the mut'ah of women (getting married temporarily to them) and the mut'ah of Hajj."[23]
    4)   The sahabas’ position and viewpoint regarding temporary marriage:
    A large number of sahabis and tabe'in (those who followed the Prophet's time but never saw him) see mut'ah as permissible and not nullified. They are as follows:
    1) Imran ibn Hussain
    2) Abdullah ibn Umar
    3) Salamah ibn Umayyah
    4) Ma’bad ibn Umayyah
    5) Zubair ibn 'Awamm
    6) Khaled ibn Muhajir
    7) Ubayy ibn Ka'b
    8) Rabi'ah ibn Umayyah
    9) al-Sadi
    10) Mujahid
    11) Ibn Aws Madani
    12) Anas ibn Malek
    13) Mu'awiyyah ibn abi-Sufyan
    14) Ibn Juraih
    15) Nafe'
    16) Sabib ibn abi-Thabit
    17) Hakam ibn Utaybah
    18) Jabir ibn Yazid
    19) al-Bara' ibn 'Azeb
    20) Sahl ibn Sa'd
    21) Mughairah ibn Shu'bah
    22) Salamah ibn Akwa'
    23) Zayd ibn Thabet
    24) Khaled ibn Abdillah al-Ansari
    25) Ya'la ibn Umayyah
    26) Safwan ibn Umayyah
    27) Amr ibn Hawshab
    28) Amr ibn Dinar
    29) Ibn Jurair
    30) Sa'eed ibn Habib
    31) Ibrahim al-Nakha'i
    32) Hasan Basri
    33) Ibn Musayyab
    34) A'mash
    35) Rabi' ibn Meysarah
    36) Abi Zuhari Mutraf
    37) Malek ibn Anas (in one of his two viewpoints)
    38) Ahmad ibn Hanbal in some conditions
    39) Abu Hanifah according to some cases[24]
     
    5) Doubts and questions on mut'ah:
    a) The whole purpose of legislating the permissibility of marriage is for the establishment of a family and the continuation of generations, while temporary marriage defeats this purpose because the only reason for such a marriage is sexual satisfaction.
    Answer:
    This question comes up because one mixes up the benefits of a specific ruling and its “subject” (In order to see what is meant by the subject of a ruling , pay attention to the following example: “Prayer is wajib” ; This ruling has a ruling and a subject; its ruling is wujub, or in other words, being mandatory. The subject of this ruling is the act that has been made mandatory, which in this case is prayer.). What was mentioned was one of the benefits of marriage, but its ruling doesn't solely depend on that particular benefit, thus, getting married to a barren or ya'esah woman (one who has reached menopause), or a girl who is still a child is also acceptable (although the abovementioned benefit isn't possible with them). Many young couples get married only for fulfilling reproductive desires in an Islamically legitimate way and don’t even think of bringing a child (although it might accidentally happen), yet their marriage is right and no one says that such intentions are problematic.
    What is strange is that sexual desires are counted as its only benefit, while in many cases like in permanent marriage, one gets temporarily married for other reasons such as bringing a child, managing and taking care of the home, or nursing and growing children etc.
    The question we have from those who oppose mut'ah is that if its purpose contradicts that of permanent marriage, then what do you have to say about couples who get married with the intention of getting divorced after two months? Is their marriage correct or not?  Clearly, no faqih and alem (scholar) says such a marriage is incorrect unless he wants to say something completely illogical. So what is the difference between the two, other than one being timely and the other, permanent?
    The author of al-Minar says: "The strictness of past and present ulema (scholars) and them prohibiting mut'ah, necessitates the prohibition of permanent marriage with the intention of getting separated by divorce afterwards. Yet, they say that if one has this intention at the time of marriage but doesn't mention it when performing the contract as one of the contract’s conditions, the contract is correct (and the two become husband and wife, although if it is mentioned, it will surely make the contract void), nevertheless, hiding this intention is considered deceit, thus, such a contract deserves to be void (although it isn't) more than a contract in which such intentions have been mentioned in (because when it isn’t mentioned, it is considered deceit)."[25]
    We the Shia believe that if the couple themselves are content (in order for it not to become a form of deceit), and make a time limit one of the contract's conditions, it is still correct and they are husband and wife.
    b) The permissibility of mut'ah contradicts the verse that says: "And those who guard their private parts;
    except from their spouses or their slave women, for then they are not blameworthy; but whoever seeks (anything) beyond that it is they who are transgressors."[26] This verse is saying that anyone who goes after anything other than the mentioned instances has crossed Allah's red line and entered the domain of haram acts. Mut'ah doesn't cause any legitimate relationship between two people, so one who has intercourse with his mut'ah "wife" has commited a haram act.
    Answer:
    This is merely a claim that has no backup. Such a woman is the man's wife and has her own rulings. Just because her sustenance (nafaqah) isn't the man's responsibility and the fact that she doesn't bear the qismah right (which says the different wives of one man equally share his sleeping with them, each "owning" the same number of nights), doesn't make her not be his wife. The nashizah woman (one who doesn't do tamkin) is considered one's wife although she lacks the nafaqah and qismah rights, and the same goes with a girl who has become one's wife while merely being a child.
    It is completely wrong to say that since there is no ruling, there is no subject of the ruling. Sometimes the subject is there, but its ruling isn’t. Being husband and wife is a relationship between a couple that is followed by numerous rulings and decrees, if some of them cease to exist, it doesn't mean that the relationship in its entirety doesn’t exist either. There are chances that some of these rulings exclusively belong to some types of marriage, not all of them.
    c) One who performs temporary marriage, isn’t after companionship and a life free of adultery and sin, on the contrary, his/her sole intention is adultery. And although there is a responsibility of the man taking care of his spouse and therefore somewhat causing an obstacle for him committing adultery, there is no obstacle for the woman to commit it and she is able to offer and present herself to other men anytime she desires, becoming one of the instances of the poem that speaks of a ball that is struck back and forth by polo-sticks.[27]
    Answer:
    Who says that being protected only belongs to men? If this marriage is right, both men and women can protect themselves from adultery. Three things prevent young women from wrongdoing:
    1- Permanent marriage
    2- Temporary marriage with the conditions that were mentioned earlier
    3- Controlling and dominating one's sexual drive
     
    The first choice isn't a practical one for young girls and boys because of the low salaries that they receive from their families or the government or anywhere else. Taming the sexual drive is also impractical and almost impossible except for a few exceptional individuals. The only option that remains for youth in order not to fall into sin and corruption is temporary marriage.
    Islam is Allah's final religion and Prophet Muhammad (pbuh) is His final messenger, his book being the final book and his decrees being the final ones. Such  characteristics call for this religion to have a solution for every social problem that might occur in order to keep the respect and greatness of Muslims. Sexual problems aren't an exception and Islam surely needs to provide a solution.
    Imam Ali's (as) voice can still be heard, warning mankind of the negative consequences of not taking this solution serious: "If it wasn't for him (Umar banning mut'a) no one would ever commit adultery other than the shaqiyy (wretched)."[28]
    As for linking mut'ah to the poem mentioned above, it is a sign of this person's ignorance regarding its essence and its borders and limits. The mut'ah that this person is thinking of, is one of the wrong statements that the Shia have always been accused of[29], while the Shia find this accusation false. They don’t believe that the temporary wife is one who other men can have turns with, how is that so, while they say that after every temporary marriage she has to observe an Iddah?! If she has to observe an Iddah, offering herself to others will no longer have any meaning. Subhanallah! How can they lie so much about the Shia?! This poem is an insult to divine revelation and heavenly legislation, while all interpreters of the Quran and narrators of tradition all agree that such a decree was indeed legislated, even though they claim that it was eventually nullified. So what this person is actually saying is that during the time this marriage was allowed by the Prophet (pbuh), it was an illegitimate act!
    [1] See index: Remarrying after temporary marriage (question 1099).
    [2] Nisa:24.
    [3] See: Tabari, Tafsir Kabir; Zamakhshari, Kashaf; and the sharh (explanation) of Sahih Muslim by Nawawi in the beginning of the chapter on marriage, and other great scholars have all considered this recitation as one that no one can doubt about. In this case, the phrase " الی اجل مسمی" will only be an explanation added to the verse, not part of the verse.
    [4] Ezdevaje Movaqqat (temporary marriage), pg. 14-15, The Ahlul-Bayt World Assembly.
    [5] Nisa':3.
    [6] Nisa':4.
    [7] Nisa':25.
    [8] Mu'minoon:6.
    [9] Nisa':25, ... فَمَا اسْتَمْتَعْتُمْ بِهِ مِنْهُنَّ فَآتُوهُنَّ أُجُورَهُن
    [10] Sahih Muslim, v.4, pg. 131, Musnad Ahmad, v.6, Fathul-Bari, v.9, pg.149.
    [11] Kashaf, v.1, pg. 498, printed in Beirut.
    [12] Tafsir Tabari, v.5, pg. 9, Fakhr Razi's Tafsir, v.10, pg. 5, al-Durrul-Manthur, v.2, pg. 140.
    [13]Sahih Bukhari, v.2, pg. 168 and v.6, pg. 33; Sahih Muslim, v.4, pg. 48, Sunan Nisa'i, v.5, pg.155; Musnad Ahmad, v.4, pg. 426 with an authentic chain of narrators.
    [14]See: Neylul-Atwar, v.6, pg. 271; Fathul-Bari, v.9, pg. 150.
    [15] Muminoon:6-7, إِلاَّ عَلى‏ أَزْواجِهِمْ أَوْ ما مَلَکَتْ أَیْمانُهُمْ فَإِنَّهُمْ غَیْرُ مَلُومینَ فَمَنِ ابْتَغَى‏ وَرَاءَ ذَالِکَ فَأُوْلَئکَ هُمُ الْعَادُون‏ "
    [16] Talaq:1 "فطلقون لعدتهن"
    [17]Ahkamul-Quran, 290, pg. 184-195, chapter of mut'a, Darul-Kutub al-Ilmiyyah; Sahih Muslim along with the explanation of Nawawi, v.9, pg. 179, the chapter on mut'a Irshadus-Sari.
    [18]See: Sahih Muslim, v.2, pg. 130, Darul-Fikr Press, Beirut.
    [19]The tafsir of Qurtobi, v.5, pg.130-131.
    [20] Zadul-Ma'ad, v.2, pg. 204. 
    [21] See: Ezdevaje Movaqqat (temporary marriage), pg. 17-21, The Ahlul-Bayt World Assembly.
    [22]Al-Insaf fi Masa'ela Dama fihil-Khilaf, pg. 534.
    [23] Sharh Ma'anil-Athar, v.2, pg. 146.
    [24] Al-Ghadir, v.6, pg. 220, and Ezdevaje Movaqqat dar Islam, pg. 133, and Mut'a az Fakiki, and Ahkamul-Shar'iyyah fi Ahwalal-Shakhsiyyah.
    [25] Tafsir Al-Minar, v.3, pg. 17.
    [26] Mu'minoon:5-7.
    [27] Tafsir Al-Minar, v.5, pg. 13.
    [28] Mustadrakul-Wasa'el, v.14, pg. 478. " فَلَوْلَاهُ مَا زَنَى إِلَّا شَقِیٌّ أَوْ شَقِیَّة"
    [29] See: Kitabul-Sunnah wal-Shia, pg. 65-66.
    With Duas.
    Narsis.
    http://www.islamquest.net/en/archive/question/fa915
  25. Like
    narsis got a reaction from wolverine in Proving Imam Ali AS leadership   
    Bismillah.
    Salaam.
    These two articles will help you, Insha'Allah:
    http://en.wikishia.net/view/Imam_'Ali_b._Abi_Talib_%28a%29
    http://www.islamquest.net/en/archive/question/fa1162
    With Duas.
    Narsis.
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