Islamic Law

52820

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 3 months ago

Bismillah

Thank you for your question. The reason for different rulings despite shared sources is because of intricate differences in the methodology of deriving and applying those rulings. These positions are taken by Jurists over years of careful study as their implication is that rulings will be different. To understand this further a person will have to study the principles of jurisprudence as well as have an awareness of the modern discussions in fiqh.

It is possible to follow the rulings of more than one Marja if they are all at the same level and if there is no possibility of identifying the most learned Jurist among them.

May you always be successful

52567

Zaid Alsalami, Shaykh Dr Zaid Alsalami is an Iraqi born scholar, raised in Australia. He obtained a BA from Al-Mustafa University, Qom, and an MA from the Islamic College in London. He also obtained a PhD from... Answered 5 months ago

Bismihi ta'ala

There is a clear difference between a civil divorce, of any country, and an Islamic divorce. 

It is important that, in addition to pursuing a legal divorce, the couple make sure they obtain an Islamic divorce, observant of all its rulings and in accordance to their sect. 

If they only get the legal divorce decree from the civil court, and not an Islamic divorce, it will mean that from a shar'i perspective they are still legitimately husband and wife.

And Allah knows best.

51422

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 6 months ago

The reply depends on what you mean by adoption. If you mean looking after and bringing up a child, then it is great deed of reward. The Hadeeth says: Best of the homes is a home where an orphan lives with honor. Also it is narrated from the Prophet Muhammad (SAWA): I and orphan sponsor are in the Paradise together.

But if you mean to look after the child and deprive him from the name of his real father , mother and original family, then it is unlawful in Islam to deprive the child from the name of his father, mother and original family.

Allah says in Quran (Call them by their fathers' name)(ادعوهم لابائهم)Al-Ahzaab,5.

Also it is not allowed to deprive the child from his real mother (إن أمهاتهم إلا اللائي ولدنهم  )(Their mothers really are who gave birth to them) Al-Mujadalah ;2.

Claiming the adopted child as a real son or daughter is forbidden in Quran (وما جعل أدعياءكم أبناءكم ذلك قولكم بأفواهكم  ) (Allah did not make your sponsored/ adopted/ fostered children as your children, that is what you say in your mouths).

So, it is very good to adopt a needy child with keeping his father's, mother's and family name with him always.

Wassalam

50642

Rebecca Masterton, Dr Rebecca Masterton graduated with a BA in Japanese Language and Literature; an MA in Comparative East Asian and African Literature and a PhD in Islamic literature of West Africa. She has been... Answered 6 months ago

I have a long pdf document on this which I can send you. Please write to masterton.r@gmail.com

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 6 months ago

A woman in presence of non-mahram must cover all her body except face and hands(wrists down) -even feet- with loose clothes so that the body shape shall not be seen underneath the clothes.
So Abayah or Chador is not mandatory.

48113

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 8 months ago

Thank you for your question. A marja is responsible for deriving rulings based on sound methods from the scriptural sources when possible, or ascertaining the appropriate action that a Muslim should adopt in any given situation based on the principles of jurisprudence.

The correctness of a person's action is their own responsibility and for that reason, people in the time of the greater occultation are faced with two choices when they are unable to ascertain the rulings for themselves. They may take precaution in all matters they are not certain about (assuming they know when it is appropriate to take precaution) or they can refer to the rulings of a person who is qualified to ascertain those rulings to the best of his ability and act in accordance with them.

The main evidence for resorting to someone who is qualified, when a person themselves has no means by which to derive the rulings for themselves, is that this is the action of rational people. In the same light, the justification for corresponding with the rulings of the most qualified or most knowledgeable jurist (when the knowledge of who the most knowledgeable marja is, is possible) is that by following the most knowledgeable jurist, you can be more certain that your actions will be acceptable on the Day of Judgment.

May you always be successful.

47034

Saleem Bhimji, Shaykh Saleem Bhimji was born and raised in Canada. After completing his post-secondary education at the Northern Alberta Institute of Technology (NAIT), he moved to Medina, New York, to study at... Answered 10 months ago

You can find more details - the jurisprudential rulings - on inheritance at https://www.al-islam.org/islamic-laws-ayatullah-ali-al-husayni-al-sistan...

I found this explanation from Ayatullah Mahdi Hadavi Tehrani useful:

"The reason that the inheritance of man is more is because the upkeep of women is upon the shoulders of men. In other words, aside from the fact that a man must look after himself, he is also responsible for the upkeep and expenses of his wife and children. From another point of view, it is the man who gives the dowry to the woman and she is the one who takes it from him.

In reality, it is possible to say that what the woman takes in the form of inheritance and dowry is tantamount to her savings, whereas the portion of the inheritance of the man is spent on the expenses of his daily life and that of his wife and children. Aside from this, certain other responsibilities have been placed on the shoulders of a man, which necessitate his spending money in order to carry them out.

For example a man must spend money in the way of war, or if one of his relatives accidentally kills someone or injures someone he must pay certain monies to the family of the victim, whereas a woman has no responsibility in this regard. So even though what is apparent is that the share of a man in inheritance is two times that of a woman, in all practicality his share in the sum total of personal wealth is far less than hers. While on the other hand, in exchange for the “excess” inheritance, man has heavier responsibilities to shoulder than a woman. So in brief it can be said that the inheritance of men and women being different is so as to implement a sort of balance between the rights and responsibilities of each group."

Source - https://www.al-islam.org/faith-and-reason-ayatullah-mahdi-hadavi-tehrani...