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A kafir is one who does not believe in or who denies in any of the following four things:-
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Necessities of religion are those things on which all Muslims agree as established commandments of Islam, eg. Salat, Sawm, Hajj, Hijab, finality of prophethood etc. For example, Qadiyanis are kafir because they do not believe in the finality of our Holy Prophet, while all Muslims agree on Prophet Muhammad (SAW) to be the last Prophet of Allah. | ||||||||||||||||||||
Furoo-e-Deen are wajib on a person, who has the following 4 conditions:i) Alive (Zinda) There are differences in fiqh in Sunni & Shia Islam. For example: rabbits and crabs are halal in Sunni fiqh but they are haram in Shia fiqh. | ||||||||||||||||||||
Conditions for Following Fiqh (Sharaet-e-Takleef-e-Sharai) Acting on fiqh is wajib only if a person meets four conditions: i) Alive (Zinda)If someone’s life is in danger then all haram becomes halal or vice versa except in two situations: a) Jihad is wajib even if life is in danger orIslam and knowledge of fiqh are not the necessary conditions for a person for following the fiqh. | ||||||||||||||||||||
Hukm (Laws) are of two types:- .^. Hukme Takleefi (regarding sawab or azaab) .^. Hukme Waz-ee (regarding other characteristics like right or wrong) From Fiqh point of view, a girl becomes baligh at the age of 9 Islamic years even if her monthly period has not started. A boy becomes baligh at the age of 15 Islamic years or at an earlier age if he starts discharging semen (Ehtelam) or pubic hairs appear below his navel. If a na-baligh child offers salat, sawm etc, he will get the sawab of these acts, if he is of such age that he can distinguish good from bad or right from wrong (Mumaiyaz in Arabic). It is wajib on wali (guardian) to stop na-baligh children from certain major haram things, which include Wine, Pork, Haram Meat, Music, and Stealing. When a non-shia becomes shia, then he has to re-pay zakat and fitra paid during the period he was non-shia. Why? Because in shia fiqh, the zakat and fitra must go to poor shia. However, he does not have to repeat salat, saum, hajj etc performed earlier. When a kafir becomes a Muslim, he does not have to offer qaza of salat or sawm missed during the period of kufr. But he has to pay khums and zakat on his previous year's savings/items on the day he becomes a Muslim. On the Day of Judgement, a kafir will get punishment of not accepting Islam, and also for not offering salat, sawm etc during his period of Kufr. | ||||||||||||||||||||
HISTORY & FIQH Some knowledge of history is essential to understand how our Holy Imams (AS) propagated the knowledge of Fiqh and also to understand the philosophy/logic of some masail of Fiqh. Open dissemination of Fiqh knowledge was started by the 5th Imam, who is also known by the title BAQIRUL ULOOM. Our 5th & 6th Imams are known by a common title of SADIQAIN. The real benefits of martyrdom of Karbala started appearing in the time of the 5th Imam, when people started enquiring openly about real Islam and it’s laws. The 5th & 6th Imams established the first Hawzae Ilmiya (Islamic University). They also gave knowledge about the established system of Taqleed and Khums. According to all Muslims (including Wahabis), the best family lineage in the world is family of our Holy Prophet (SAW) through Bibi Fatima (AS) and Imam Ali (AS). Our 5th Imam has unique distinction of having Masoom grandfathers from father’s side as well as from mother’s side. The father of 5th Imam was Imam Zainul Abideen (AS), the son of Imam Husain (AS). The mother of 5th Imam was Fatima, the daughter of Imam Hasan (AS). | ||||||||||||||||||||
LAW OF ILZAM (Qanoon-e-Ilzam) In order to understand the topic of Ijtihad and Taqleed, it is first necessary to understand the law of Ilzam in fiqh. Law of Ilzam helps in solving problems due to differences in fatwas from different Mujtahids on the same issue. Law of Ilzam also solves problems arising due to conflicting laws in fiqh between Shia school of fiqh and Sunni school of fiqh on the same issue. These laws were first explained by our 5th Imam (AS). According to the Law of Ilzam, if a thing is incorrect (batil) in Shia fiqh, but if the same thing is considered correct according to Sunni fiqh, then a shia can take a benefit from it. This is best explained by examples:
The same law of Ilzam applies to differences in fatwas on fiqh by two or more shia Mujtahids. Examples are the differences in fatwas in moon sighting laws, Taharat of Ahle Kitab etc. Ehtiyate Wajib: While a Mujtahid spends his whole life in acquiring the knowledge of fiqh, no Mujtahid is able to understand 100% of Hadith. Hence, there are always some issues (masail) for which he can not give a clear ruling (fatwa). For such issues, he uses a term called Ehtiyate Wajib, which means he allows his followers to refer to the next most high ranking Marja for that particular issue | ||||||||||||||||||||
RULING OF AYATULLAH SEESTANI ON TAQLEED If a baligh person has done taqleed of a Mujtahid, who is now dead (e.g. Ayatullah Khui or Ayatullah Khumaini), and if that person wants to do taqleed of Ayatullah Seestani now, then it is wajib for that person to continue to follow the masail of that dead Mujtahid as long as he is sure that the present state of knowledge (ilm) of Ayatullah Seestani is not yet more than the knowledge of his dead Mujtahid. If that person is not sure about whose knowledge is more now, then also he must continue to follow the masail of his dead Mujtahid if the knowledge of that dead Mujtahid was more than the knowledge of Ayatullah Seestani at that time. Thus all followers of Ayatullah Khui and Ayatullah Khomeini, now through the above fatwa of Ayatullah Seestani, must continue to follow the masail of their dead Marja as long as the above conditions exist. Only in new masail (not covered by their dead Marja), they can follow the fatwa of Ayatullah Seestani. Due to above fatwa of Ayatullah Seestani, only two types of persons can start and remain in complete taqleed of Ayatullah Seestani:
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CONTINUING IJTIHAD BY A MUJTAHID A Mujtahid, even if he has become a marja, continues to do further study and research and undertakes jurisprudence (ijtihad) in different masail. He can even review and change his opinion on an issue, on which he has already issued a fatwa earlier. Thus a Mujtahid can change his fatwa and issue a new fatwa on the same issue. Ayatullah Seestani published his first book of ahkam (Islamic Laws or Tauzeehul Masail) about 10 years ago. He has published a revised book of ahkam in 2002, in which he has made changes to some of his previous fatwas. | ||||||||||||||||||||
Shariah contains 5 kinds of rules:
A Muslim is at liberty to ignore the rule (3) and (4) even without any excuse. But he cannot tamper with a Wajib or Haram |
Saturday, January 22, 2011
Basics of Fiqh ...
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