Shariah

Sharia (, Arabic: شريعة‎ [ʃaˈriːʕah]), Islamic law, or redundantly Sharia law, is a religious law forming part of the Islamic tradition. It is derived from the religious precepts of Islam, particularly the Quran and the hadith. In Arabic, the term sharīʿah refers to God's immutable divine law and is contrasted with fiqh, which refers to its human scholarly interpretations.

123246

Shariah . Law . Marriage

In Shariah law, is it permissible to have an Islamic marriage and then have the civil marriage several years later due to distance and citizenship restrictions?

Sayyed Mohammad Al-Musawi, Sayyed Mohammad al-Musawi is originally from Iraq and heads up the World Ahlul Bayt Islamic League in London. Other than being involved in various humanitarian projects, he frequently responds to... Answered 3 months ago

Yes it is permissible to delay legal registration of marriage for legal requirements although real marriage is the Islamic marriage and all the rights and duties start from the Islamic marriage.

Civil marriage after Islamic marriage has no value as far as Islamic rules are concerned. It just confirms the marriage in front of the government offices.

Wassalam.

100434

Depression . Marriage . Polygamy . Shariah . Jealousy

I understand that Islam allows a man to marry multiple wives within the rules of Sharia. However, what is the wisdom in such marriages as it relates to the first wife who often undergoes jealousy and depression?

Zoheir Ali Esmail, Shaykh Zoheir Ali Esmail has a Bsc in Accounting and Finance from the LSE in London, and an MA in Islamic Studies from Middlesex University. He studied Arabic at Damascus University and holds a PhD... Answered 1 year ago

Bismillah

Thank you for your question. In our scriptural sources women are not encouraged to have these feelings as they are considered a blameworthy type of ghirah (when you want something only for yourself). They are feelings that are not validated. Similar to the feelings of jealousy and depression when someone doesn't want anyone to do better than them, it is not upon people to not do better than that person, but upon the person to control and work on themselves. As to the wisdom of allowing polygyny there is much wisdom, such that the feelings of the first wife in some cases is not enough of a reason to make it impermissible. Rather, the first wife has to control these tendencies and get used to the idea in the knowledge that this is something that God has allowed. At times, if polygyny is done with wisdom it can improve the situation of the first wife and the relationship between her and her husband.

These feelings are also enhanced by expectations and cultures, which are again not factors that influence permissibility as it is upon Muslims and Muslim society to create expectations and cultures in line with what is permissible and impermissible.

May you always be successful

94398

Shariah . Law . Government

Is it mandatory to govern a nation with Shariah law? If so, would that not make it impermissible to hold government positions in countries with secular law?

Sharia law is for Muslims who believe and obey Allah and not for non Muslims.

When Muslims want to implement the Islamic law which is known as Sharia law, it is their decision and no one can object on them as we don't object on people who opt to follow their own way of legislation in any part of the world. It is part of the basic rights to believe in your own faith and implement it.

Holding a government position in secular countries is permissible for Muslims as far as they don't indulge in injustice or sinful acts.

'Wassalam.

87445

Muslims . Punishment . Shariah

As Muslims who live in non-Muslim countries, what is our obligation towards upholding the laws of the Sharia? For instance, is a Muslim obligated to uphold certain punishments prescribed in the Sharia?

Muslims living or visiting non Muslim countries are required to respect the law of the land as well as follow the day to day Islamic rules. Punishments described in Sharia on certain crimes are not the responsibility of individual Muslims, but it is the responsibility of the Muslim ruler who implements real Islamic teachings and provides justice for all people in the society. After providing justice for all, then the matter of punishment comes, and that is the responsibility of the government which provides justice for all.
In today's circumstances where there is no real Islamic justice for all, there is no question of implementing Sharia punishment in non Muslim countries.

Wassalam.

66134

Shariah . Investment

Is online trading allowed? Can you please explain about the stock market and how to invest in it according to the Shariah?

Online trading is like face to face trading. It is allowed if the material is allowed and vice versa. Stock market trading depends on the activities of the company of the shares. If the company deals with non Halal ( forbidden) business like interest, alcohol, etc, then buying or dealing with shares of such company is not allowed. If the company deals with permissible activities, then dealing with its shares will be permissible.

Wassalam.

63596

Punishment . Shariah . Theft

Is the cutting of hands as punishment for stealing really a part of the Shariah? If yes, is it not counter productive since the one who has stolen will never be able to reform and get back on track in life?

Financial security is one of the most important concerns of human beings every where and every time. Theft is a real danger which endangers human beings wealth and property. Human societies over the history till now, tried many ways to tackle and counter theft and robbery but no real success was achieved. Till today millions of innocent people suffer from those who steal their money in different ways. Those who steal do that because they do not fear real punishment, hence they steal whenever they find a chance.

Islam deals with this burning issue with inner treatment as well as outer action.

1. Inner treatment: is to warn that theft is a major sin and it leads the thief to hellfire. This will make good Muslims away from this sinful act.

2. Outer action: Those who do not care for religious teaching and insist on committing theft, must be punished in public to show them and others the miserable results of this crime and to protect people from similar crimes.

Cutting the hand of the thief has conditions which insure that he deserves this type of punishment for the security of the people and society. Thief who was instigated by hunger is excluded from such punishment.

Cutting the hand of the thief (with all the conditions) does not mean cutting more than the fingers of one hand only. He will still be able to work and earn in lawful way.

Allah , The Most Merciful, Has ordained this punishment on the dangerous thief to provide the people financial security. It is a fact hat no other punishment could work all over the history to stop theft crime like this punishment. Where ever this punishment was applied in proper way with all its conditions, people enjoyed security on their wealth and property. Theft crime rates dropped to near zero in Muslim societies after proper implementation of the rules of Allah (SWT) which provide peace and justice to all and prevent evil doers to violate he rights of others.

Allah (SWT) says in Sura Al-Baqara, Verse 179 : AND THERE IS REAL LIFE FOR YOU IN APPLYING THE PROPER PUNISHMENT, O PEOPLE OF INTELLECT, SO THAT YOU BECOME PIOUS).

After all, we believe that the Mercy and Wisdom of Allah is the best in all situations and for all human beings. Punishing one thief who deserves punishment is the real justice because it provides security to millions and saves their basic rights on their wealth and property.

Those millions of victims who suffer from theft, they suffer because of the failure of the non Muslim legal system to stop or counter the crime, and they pay for that failure of the system to protect them. Quran is very clear that proper life will be achieved by applying proper punishment, which means that with out applying the proper punishments, there will be no real life of security, peace and justice.

Wassalam.

Punishment . Shariah . Theft

Bismillah

Thank you for your question. This punishment is after a number of stages which allow for the person to reform their ways and after which they would be aware that another instance of theft would result in such a consequence.

May you always be successful

51999

Shariah . Islam . Democracy . Western Society

Is Sharia law the only "true" truth of Islam or is there room for a more "progressive" form of Islam that would be more compatible with a free Westernized democracy?

First of all we need to understand the real meaning of Sharia law, away from the claimed Sharia of the terrorist groups, and away from the Western media propaganda which gave people an impression that Sharia Law is mainly cutting hands of the thieves and killing the fornicators.

Real Sharia Law is the full comprehensive law which makes human life based on justice and equality to achieve peace and tranquility for individuals and societies.

Real teachings of Islam taken from the Prophet (SAWA) and his Progeny (Ahlul Bayt )(AS) are the most progressive, but unfortunately, most people look at Islam today through Western media propaganda which is misleading as well through the crimes of so-called Jihadi groups who want to hijack Islam.

Those who really want a progressive society need to read and understand the real teachings of Islam which came through Ahlul Bayt (AS). Let them read Nahjul Balagha and the statements of Imam Al- Sajjad on the Human Rights as examples. The United Nations has issued a statement on 2002 advising the leaders of Muslim world to follow the teachings of Imam Ali (AS) to Maalik Al-Ashtar.

Wassalam.

52258

Muslims . Shariah . Law . Qur'an . Islamophobia

How does one respond from the Qur'an to an Islamophobe who insists that all Muslims are terrorists and want Sharia law and that the Qur'an says it is ok to lie to the enemies?

Human beings from all faiths and culture have many things in common, one of the most important common thing among all of them is the intellect.

Intellect says that false allegation is wrong and no one can believe any allegation before examining the evidence.

Whatever is been said by our enemies about Islam is based on lies and baseless allegations. We invite every one to study Quran and authentic Hadeeths if they really want to understand Islam. If they study Islam properly, they will know that it is the Real religion of Justice and Peace. If they do not want to read and see the facts, but just to put allegations on us, we can not help them. Life has always witnessed good and bad people when bad people put false allegations on the good people.

Wassalam

48788

Ahl al-Bayt . Fiqh (Jurisprudence) . Shariah . Al-Jafr . Mushaf Fatima

What would be the purpose of having extra-Qur'anic information, such as Mushaf Fatimah and al-Jafr, if it is only accessible to the Imams? Wouldn't that information regarding Fiqh and Sharia be beneficial to the people as well?

Amina Inloes, Amina Inloes is originally from the US and has a PhD in Islamic Studies from the University of Exeter on Shi'a hadith. She is the program leader for the MA Islamic Studies program at the... Answered 3 years ago

Interesting question!

One has to assume that if the possessors of these books chose not to share them, then it is not necessary for us to know the contents. Mushaf Fatimah and al-Jafr, according to hadith, contain more than fiqh and shari'ah; for instance, according to hadith, they contain detailed future prophecies, and perhaps this information would not be beneficial for us. According to hadith, Mushaf Fatimah was narrated to her as a form of consolation due to her grief for her father, so from that angle, there may have been a personal purpose.

There are a number of sacred items mentioned in hadith as being passed on from the prophets to the Imams as a sign of spiritual authority and these can be looked at in this light.

There is no indication that the Imams required these materials to learn, but that does not mean that there is any problem in their having them or consulting them. Perhaps it was reassuring to some people around them, who did not believe in the imamate, that they were referring to texts received from their forebears.

We live in an era where the value of things is measured very materially, especially in the era of the Internet, when it is assumed that anything worthwhile should be shared publicly. However, this brings up the question of, do things have value if people do not see them? (For instance, a tree in a forest.) Is it possible for something to have purpose if it is seen by only one or a handful of people? It is reasonable to argue that there is a spiritual value to the existence of these items; however, for them to have an existential value, it is not necessary that they be available to the majority of people.

48744

Family . Inheritance . Shariah . Grandparents

My great grandfather in his life time allotted a bigger share of his family inheritance to one of his grandsons compared to the rest and it is causing resentment among them. Is this halal according to sharia?

Sayyed Muhammad Husaini Ragheb, Sayyed Muhammad Husaini Ragheb has a BA in Law from Guilan University, Iran and has also undertaken Hawzah studies in Qom. He is a Cultural Affairs director of Ethics Group of Al-Mustafa Open... Answered 3 years ago

He had this right to gift any of his property to anyone he wanted and it doesn't matter that he himself inherited these properties and didn't acquire them through his own endeavors

46360

Shariah . Cat . Pet

According to sharia are we allowed to keep cats as pets?

Sayyid Muhammad Rizvi, Sayyid Muhammad Rizvi went to the Hawza-e ‘Ilmiya-e Qum, Iran where he attended the dars-e kharij lectures of Ayatullah Wahid Khurãsãni. He also obtained an MA degree in History in 1991 from Simon... Answer imported 3 years ago

Yes we are allowed to keep them as pets, there is no evidence in the Shari'ah which prohibits having cats as pets. But we have to be carefull that we do not pray with the cat hairs on our body or cloths of prayer.

With regards to the cat's hair, see the mas'ala on "dress for prayer" in the risalahs of the maraji`. Ayatullah Khu`i, for example, says: The dress for prayer should "not be from the parts of the animal whose meat is not halal...this would also apply to the hair found on the cloths, etc." (Minhaju 's-Salihiyn, vol. 1, p. 138) Cat is surely an animal whose meat is not halal, and, therefore, its hair should not be on the dress of one who wants to do salat.