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In the Name of God بسم الله

Abu Muntazer

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Everything posted by Abu Muntazer

  1. It is a very dangerous thing to draw conclusions about an ideology based on those who claim to adhere it. All the issue you point out in Muslim countries exist in Christian nations as well. The issues you mention therefore are not rooted in Islam, but are instead the product of freewill. Muslims leaders do no speaking for Islam., just as Christian leaders do not speak for Christianity. Ideals stand or fall on their own. I would suggest that you began with an examination of the logical underpinnings of Christianity itself. Perhaps reading Thomas Paine's "Age of Reason" would be beneficial for you.
  2. Comparing mutah performed according to shar'iah to prostitution is a very dangerous thing. As with any other act, it ideally should be performed for Allah.
  3. I do not know a single convert man who has a problem with a woman who has had a mut'ah, or is divorced. the only issue I have seen amongst converts is women who have more than two children finding it difficult to marry. The issues would therefore appear to be cultural, and let's be honest, extend to permanent marriage as well.
  4. (salam) I did not quore MDM, or Marbles but Brother MacIsaac,, who was speaking about the statement of one his teachers in QUm, who was a judge, that there is some form of disagreement regarding whether it is currently permissible to beat/torture suspects/prisoners. I was not confused in the least by your post. I was pointing out that your post, although correct in how things should be, does not necessarily reflect how things actually are in fact.
  5. (salam) This is precisely what the borther is saying did not happened, with some people in positions of authority considering "roughing people up" to be acceptable.
  6. (salam) http://en.wikipedia.org/wiki/Halloween If Halloween is haram then I would posit that Nowrouz, a Zoroastrian h9oliday in which people still jump over fires, would be haram as well. http://en.wikipedia.org/wiki/Nowruz
  7. I believe that the answer to your question lies in the continue elucidation of Islam and the Shariah by the Imams (as).
  8. (salam) It seems that we are demanding more from MDM then we do from hadith scholars. We have Ayatullah Montazeri, although not a direct witness, relating the reports he has received. Yes, the original reporters are not named, yet this is standard in our books of narration when it is feared the person or persons from whom the information was received would be in danger if they were named. Given the allegations that people were bing tortured and unjustly executed, Aya. Montazeri actually displays astuteness and not naivety when he does not name the individuals from who he heard the reports.
  9. (salam) If someone makes a posts about how united the scholars are on a matter, one would expect to see key scholars in the photos presented. There is no fitnah in pointing out that prominent figures are not meeting someone, in fact avoiding them. Doing so is a simple refutation of a poorly supported claim.
  10. (salam) When legitimate concerns are brought forward about the alleged actions of the scholars it is called disrespect. This is precisely what Sunnis do in regards to the sahaba. And before this analogy is simply brushed off, Hamza Sodagar has pointed out that the sahaba were highly knowledgeable, and would be maraaje if they were alive today. Brother Persian Shah, you keep quoting the same material over and over again by brother MacIsaac, but no where does he imply that he is the only or even the most knowledgeable person on the topic of WF. He simply points out that the members who are pro-WF will only consider someone knowledgeable in the matter if that person is pro-WF as well. From what I have seen so fat, this statement appears to be true. Brothwer if you have the capacity to read the primary and secondary source, it would be great if you started a thread on the topic, and brought forward opinions of the scholars, not just the scholars of the past hundred years, but included the opinions of the classical scholars presenting all sides of the discussion. Hamid Algar in his survey course on Shia'ish presents how the understanding of the authority of the Ulema developed overtime, how at one point even havign jumma or eid salat was highly controversial, on down to the present system of WF. In doing so he presents both positions and then states his position in support of the authority of the ulema. This is a far cry from the anachronistic apologetics of Pro-WF members who refuse to even deal with the history of the scholarly opinions.
  11. (salam) Brother Jebreil, The only flaw that I see in your reasoning regarding he understanding of the hadith i question is that for the majority of the history of Shi'a Islam since the occultaltion of the Imam (aj) is the fuquha have considered the exercise of particular function sof the Imam (aj) to be impermissible. It was not not until 200 to 300 years ago that we even see the fuqhua allowing for the salat-ul-Eid and salat-ul-jumah. It was not until more recently that we see the ulema allowing for the collection of khums. The concept of government as expressed by Imam Khumayni (ra) is extremely knew in Shi'a Islam. If the traditional view has been to have a much more limited role for the ulema to play in society, even more limited than the position I advocate, and the ulema themselves remain divided on this issue, put forward the idea that the broad array of governmental function should rest in the hands of a single fallible individual is extremely dangerous and cuts across the traditional position of the ulema.
  12. One would be required to refuse.
  13. (salam) What is the point of this post? It introduces no new information nor does it analyze information already present. It is at best a vapid ad hominem attack. Such a statement is beneath you, and has nothing to do with the point I made regarding this being a discussion of historical events. I make no claim to know or have access to the same information that scholars who have spent their lives studying Islam and its branches of knowledge. I do lay claim to the right to ask questions, exercise my intellect which lead me to Islam and the ahl-ul-bayt (as), and to hold opinions the based on exercise of my intellect and knowledge I have. Throughout this thread, and in others, I change my position based on the use of my intellect as applied to the information and analyze others provide. If you actual wish to make a contribution, then present some information, provide some analyze. Leave your personal attacks behind.
  14. Brother Jebreil, You miss read what I wrote in regards to the fifth hadith you cited. I am quoting here for the convince of discussion and the reader. "5. When Imam Ja'far Sadiq (as) was asked about the problems, which are referred to despotic administration for decision he said, "Referring to these departments is very bad because it is referring to the despot and if someone gets back his right from these despotic departments it becomes unlawful. On such occasions however, it is your duty to refer to those people who know our teachings and narrations fully well, because I declare them as the Qazi (Judge) for you. Thus you should remember that if this jurist has given you his decision and you consider it worthless it is as if you have considered the Divine command as worthless. If anyone disobeys these jurists, it is as if he has disobeyed us, and whosoever disobeys us, has in fact disobeyed Allah and this action amounts to polytheism"" This hadith is referring to specific matters, namely contract disputes, and disputes over inheritance. It does not refer to general matters. This was my point. That the hadith is more limited in scope than the proponents of the current system of WF as practiced in Iran would like it to be. And as far as your second point goes, you have not presented any reasoning as to why this is the case, when authority is given to a broad group they then have the authority to make a selection from amongst themselves. The appointment of judges is often cited. Is there an example in which the judges appointed by the Imam (aj), then turned around and select from themselves a chief judge? If there is please inform us. If I have misunderstood the nature of the claim of being someone's representative, then enlighten me. It has been claimed so far that the WF exercises authority over all aspects of society, the function of the government, the operations of the military, foreign affairs, etc. In what regard is the WF not claiming all the authority of the Imam (aj)? If one points to, "well you can still follow whom ever you want with regards to how to pray, etc." then this seems to be a rather small concession when the issue is how the government is structured. And the flaw in your reason here, "You also dispute the 'aqli reasons which say that if an Ulul-Amr rules you to obey x, to disobey x is to disobey the Ulul-Amr which is to disobey the Messenger and God Almighty. " is that you forget to mention that the matter when presented to Imam Sadiq (as) was regarding a and b issues in relation to a dispute between P and D, and that it was P and D who were told to obey the decision with rega5rds to matters a and b. This is far different from the formulation which you have provided.
  15. (salam) Recall that when someone comes to a father, and the father is pleased with that persons manners and religion, he should not be denied. Placing extra conditions should be avoided, however, if it is truly a matter of physical attraction, this is of course something to consider as it would be difficult to build a health realtionship if the spouse are not attracted to each other. so if a woman were in fact to find men outside of a particular ethic/racial group to be unattractive, then it is a good basis for not marrying them as she must submit herself to her husbands legitimate sexual requests.
  16. (salam) "how can a 10th class student if that examine a PHD thesis academically" I is very unfortunate that the supports of WF seem to engage in a continual effort to in one way or another insult those who disagree wit them. Such a position demeans them and their substantive arguments when presented. What makes this statement even sadder is that we are referring to historical events in this thread, and not some form of penetrable theory of quantum mechanics.
  17. (salam) Brother Orion, Your reference to the swearing of allegiance in Medina is not applicable as the representatives of the people of Egypt and Kufa, which was more than just the city but also covered much of Iraq and parts of Iran, were there. While this would not have constituted representation from all the Muslims, there were more people there than just the people of Medina. The situation with Iran is nothing like this as only Iranians participate in the selection of the leader who claims authority over all of the ummah. AS for my second question, the only thing that you have written which appears to be related is the general claim of other scholars generally to be the representative of the Imam (aj). This however does not address the issue raised regarding the claim itself, nor why it is necessary to make such a claim when sufficient authority is vested by the general position of Muslims as those who are granted the authority to enjoin the good and forbid the evil. For a third time I will state that this requires knowledge of what is to be enjoined and what is to be forbidden, as well as when and how this is to be done. In short a qualified scholar would be required. The difference is the source of authority claimed, and the degree to which one is expected to follow that authority. If one states one is standing in the position of someone to whom absolute obedience is required, then one is making the claim that one should be absolutely obeyed. This is not acceptable as absolutely obedience has been commanded upon us in regards to Allah, the Prophet, (phub) and Imams (as) who are all infallible. Brother Jebreil, The fifth hadith you presented is not an argument for unlimited authority over general affairs. It deals with the rule of a judge and the necessity of obeying his rulings in a particular set of cases, not with general authority to command obedience in all affairs. The sixth hadith is re enforcement of the fifth, and speaks of the scholars as a references, to whom issues should be referred, and not a proactive agent taken matters into their own hands. Your strongest position is found in the first, and second hadith, however, the issue is not with the scholars generally, but with a system that selects one individual, places him alone in the position of the Imam (aj), equates obeying him in general affairs to obeying the Imam (aj), and states that any form of decent or disagreement with his commands is forbidden. Given that only Iranians participate in the selection of this individual, it is highly dubious to state that he wields the broad authority claimed. If you know of any hadith sanctioning the selection of a single scholar, by a single nation to command authority over the entire community of Muslims, please inform me. Otherwise I will be left with the conclusion that as the potential for abuse on a variety of grounds far outweighs the benefits of such a system, the current claim to standing in the position of the Imam (aj) should be abandoned.
  18. (salam) Brother Orion, Since the issue is agreed that the WF is exercising the authority of the Imam (aj) in his absence then what is the point of miss understanding you wish to clarify by linking Ism and Government? To what are you attempting to refer the readers of your post? A short quotation with w reference would be much more useful than linking the entire book. Linking the entire books makes it appear as if you are trying to avoid presenting an argument, or did not comprehend what you read and as result are unable to present a particular piece of information in support of yo0u position. O do not believe this to be the case, but simply linking the book us of little help in this conversation. Brothers I object to two things. The first is that the WF in Iran is the leader of the Ummah. He is selected by an Assembly of Experts that consists only of Iranians. For those of us who are not Iranian, this means we have no say in a system which purports to exercise authority over us. Second, as I have stated, I find it oblejctionable for someone who has not been directly appointed to be the representative of the Imam (aj) to then make a claim to exercising authority on his behalf. I can see the utility of such a claim, however, utility does not transmute an invalid claim to a valid one. We, the Muslims in general, have been granted a separate authority, subordinate to the authority of the Imam (aj), to command the good and forbid the evil. As I have stated previously, this is a sufficient degree of authority upon which to construct a Shi'ah Muslim government, while at the same time avoiding the pitfalls of claiming an authority that only the Masoomeen (as) are qualified to wield, and the dangers of linking the absolute obedience to obey oncondittionally Allah, the Prophet, and Imams (as) with the duty to follow fallible learned individuals. If the supporters of the current system in Iran could kindly answer the following it would be greatly appreciated. 1) How can Iran claim to appointed someone exercising authority over the ummah, when the ummah has no say in that person's selection? 2) Why is it necessary to base government on claiming the authority of the Imam (aj), when no such grant of authority has been, despite having sufficient authority, under the general principles of enjoining the good and forbidding the evil, to establish a government?
  19. (salam) Implement the advice you have been given so far. Also before you change jobs report the matter to your supervisor then your HR department if that does not solve the problem. I am sure Canada has some form of laws regarding sexual harassment. We have been told that one of the two things which will lead us to hell is the private parts, (the other is the tongue), so protect yourself and turn away from this woman.
  20. (salam) I am not sure what you mean by "fake relgious." Please give a couple of examples, (without naming names of course).
  21. (salam) Brotjher MDM I will reread Aya. Khumayni's fatwa before I answer your specific question. I would however point out that your question does not related to the discussion Brother Jebreil and I were having. We were discussing the theory of hoe a judicial system should be structured, while your question relates to was a fair trial given as a practical matter. (waslalm)
  22. The powers of government in the Islamic Republic are vested in the legislature, the judiciary, and the executive powers, functioning under the supervision of the absolute wilayat al-'amr ( absolute authority to govern)and the leadership of the Ummah, in accordance with the forthcoming articles of this Constitution. These powers are independent of each other. Since I do not know Farsi, would I be correct in understanding that although there is separation of powers at one level of government, since each of the different branches of government is under the authority or "the absolute authority," would this not mean that there is in fact no separation of powers? AS it stands there is no room for even a marja to disagree with the WF. If Iran limited itself to internally applying this idea, the situation would be much less serious, however, Iran is taking authority over the entire Ummah and attempting to impose itself beyond its boarders. Q 52: When the fatwā of the leader of Muslims on social, political, and cultural issues disagrees with that of another marji‘, what is the religious obligation of Muslims? And is there a dividing line between fatwās issued by marji‘ and those issued by the jurist leader? For example, if the opinion of a marji‘ concerning music differs with that of the jurist leader, which one is valid and obligatory to follow? And, in general, what are the wilā’ī edicts regarding which opinion of the jurist leader has priority over that of a marji‘? A: The edicts of the jurist leader must be followed with respect to the issues relating to the administration of the Islamic country and general affairs of Muslims. While, every mukallaf is obliged to follow his own marji‘ in absolutely personal issues. http://www.leader.ir/tree/index.php?catid=23
  23. (salam) You do know that the verse you are referring to deals with a woman's disobedience regarding her husband asking for sex right? "So, amidst the following two choices; either destroying his marital life and leaving because his wife refuses to give him his sexual right, or preserving her, the Quran states that it is permissible for him to beat her lightly to educate her. " http://english.bayynat.org.lb/WomenFamily/Marital%20Relation.htm We have to have an understanding of what sex means in Islamic law. It is penetration by the penis of the vagina. Anything else is not considered to be sex. In this regard a man is not always capable of having sex with his wife. Additionally, considering that a man has the obligations of providing for the necessities of his wife, children, elderly parents etc., placing the additionally duty of having sex with his wife upon request would interfere with his ability to fulfill his other duties. This does not mean however that a husband does not have the moral obligation to fulfill the sexual desires of his wife. As if one looks at the definitions of rape put forward, forced sex with one's wife is only rape under the second definition and not the first. "1. the unlawful compelling of a woman through physical force or duress to have sexual intercourse. 2.any act of sexual intercourse that is forced upon a person." A close reading of the first definition would also mean that a husband commits rape if he refuses to provide a wife's necessities because she is refusing to have sex with him. We see however that the response in an Islamic context to a wife's refusal to have sex with her husband is relieving the husband of his duty to provide for her. According to the posters here who are mixing Islamic and non-Islamic definitions and understandings of rape, the logical conclusion would be that a husband should be put to death for compelling his wife to have sex with him by placing her under duress by not providing her with her necessities because of her refusal to have sex with him. The illogical and absurd outcomes that occur through mixing Islamic and non-Islamic understandings and definitions where they are clearly not compatible is well illustrated by this discussion of material rape. does this mean a husband should force his wife to have sex? No a husband should have been selected based on his character, moral and religious. Such an individual would recall those who having a far superior right, namely the Imams (as), never the less did not resort to force to claim their right as they saw the resort to force would be more destructive than surrendering their rights. IF someone in a superior position with a superior right did not resort to force, the religious man would ask himself, "how can I claim my right from my wife by force?" This of course places the wife in the role of an oppressor, who simply because as one poster put it she was not in the mood even though there was no legal or physical impediment. Would a believing woman want to be in a marriage an oppressor of her Ali? Her thought process should have prevented her from refusing her husband without just cause, just as her husband's thought process should cause him to refrain from exercising his rights by force. Here is a clear example why both men and women are instructed to select spouse for their religion.
  24. Lectuers should be chosen wisely. What you are witnessing is the fruits of the past 15 years in which a number of young men (primarily went to study Islam and have returned to teach and lecture.
  25. (salam) AS I am new to shiachat I cannot say, however, from what I have read so far I would say yes. May you be rewarded. May Allah increase you in knowledge through our Imam (aj), allow you to practice what you learn, and to teach what you practice. The beauty of studying law is one learns to put forward reasoned arguments, advocate a position, and at the end of the day maintain collegial relations with those against whom one just argued. Fi Aman Allah Abu Muntazer
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