Jump to content
Sign in to follow this  
Muhammed Ali

The fatwa of Ayatullah khamenei

Rate this topic

Recommended Posts

(bismillah)

(salam)

I sent a few questions to istiftaa@wilayah.org regarding some controversial issues that have been discussed on this forum. Some people have condemned the shia maraja without considering (perhaps on purpose) all the conditions related to some rulings given by the scholars. I hope the replies given here can help us better understand the opinion of the scholars.

Before you read the istiftaa please remember that shia scholars do not make something haraam unless there is some strong daleel for its prohibition. Evidence may not exist for the prohibition of the action itself but that action would be deemed haraam if it directly leads to haraam.

Salaam alaykum

1,

A, if a wife refuses to have sex with her husband and he is in need of it, can he force himself onto her? What if this forcing causes her physical harm?

B, is there any diyah if the forcing causes harm?

2,

A, if a man marries a non baligh girl with her father's consent can he perform sexual acts with her that do not involve penetration?

B, would it be permissible if these acts cause physiological harm to the girl (due to her being mentally immature) or do not have the consent of the girl?

I meant psychological not physiological, but I think they understood.

the reply:

The answer is as follows: 

Bismihi Ta`ala

1) It is not permissible. If it leads to something that makes diyyah necessary, he should pay it.

2)
a- It is not objected.
b- For this marriage to be correct, it is a condition that it would not lead to a vile consequence for the child; or else, it is a fudooli contract. In such a case, if the girl does not agree with it upon reaching legal maturity (buloogh), it will not be correct. Rather, it is an obligatory caution that girl's interest should be observed in such a marriage.

Follow-up question:

Salaam alaykum

Thank you very much for your reply.

I have one follow up question:

If the girl is going to suffer psychological harm due to her being mentally immature and thus the marriage is not in her interest, can a jurist with authority residing in an Islamic state prevent the marriage from occurring or nullify the marriage to protect the girl?

the reply:

Salamun `alaykum wa Rahmatullahi wa Barakatuhu.
With apologies for the delay, the answer is as follows:
Bismihi Ta`ala

If the mentioned marriage is not to the advantage of the girl and entails difficulty and unbearable hardship for her, the authorized religious authority can force the husband to divorce her who if refuses, the said authority would divorce her immediately.

With prayers for your success,
wassalam.

Share this post


Link to post
Share on other sites
hmmm.. ThankGod i dont follow Imam Khaminie..

:shaytan:  :shaytan: :shaytan:  :angel:  :shaytan:

thanks bro.. hmm i think they were pretty direct and understandable ... i guess

<{POST_SNAPBACK}>

SHOW SOME RESPECT TO WALI AMR WA AL MUSLIMEEN(may Allah gove him long life)

Share this post


Link to post
Share on other sites

(salam)

Thanks for posting! I have sent the question to Ayatollahs offices. To my Marja Ayatollah Sistani's (May Allah give him long life) Office and to Ayatollah Khamenie's (May Allah give him long life) Office too. The first question was what I asked and others were different. But thanks.

Share this post


Link to post
Share on other sites

(salam)

(bismillah)

That was un-called for unnecessary disrespect to a scholar, regardless if you agree with his politics or not.

Share this post


Link to post
Share on other sites

Can we please keep our opinions to ourselves when it comes to Fiqhi matters. It is very hurtful for a follower of (those that do Taqleed of) Ayatullah Khomenai to have people insult him and his rulings. It's a matter of Iman, please be weary of this.

Wa Salaam,

Dhulfiqar

Share this post


Link to post
Share on other sites

The thing is there are groups of people who say having sexual encounters with children is not problematic at all. In fact those people, would argue that deriving sexual pleasure from children is only harmful because society as shamed them. Many child molesters believe the children are actually enjoying what they do to them!!

This is really sad.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

×