Archive for category: Philosophy of Islamic Laws

Question: I have seen an objection against Muslims in books that the Islamic scholars have written in the books of jurisprudence and traditions that till the Prayer is not accepted the other deeds will not be accepted.

And then the book mentions the conditions for acceptance of Prayer that a person cannot fulfill in his whole life. And even if one fulfills it, such a person must be very exceptional and rare. Therefore according to their own statement all the deeds and worship acts they have done all their life will not be accepted. Please explain to me this matter.

Answer: The first thing is that studies of books of Islamic jurisprudence show that the conditions mentioned therein are not so difficult that no one could fulfill them. Rather some people can pay more attention to their deeds and worship acts and fully comply with those conditions. You can find it yourself if you study the Articles of Islamic Acts. Therefore it is not correct to blame such things on Islam.

Secondly the acceptance of deeds and worship acts by Allah has many stages and grades. It is possible that they may not achieve the first grade acceptance but may be eligible for lower grade. Basically correct worship has a grade of acceptance. In the same way the acceptance of other deeds too shall depend on the acceptance of Prayer.

This statement could be explained in the way that if the Prayer is correct and performed according to the apparent Islamic laws, it would definitely be accepted by Allah. And as much the heart and conscience of man are clean and as much he refrains from oppression and injustice, the grade of its acceptance would be proportionate to this. Because the value of each deed depends on the mentality and condition of the person who is performing it.

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

Question: Islamic jurists say that it is necessary for the person who is praying that he must have the sincerity of intention and except for the obeying of divine commands nothing else should be the encouragement of this action.

On the basis of this if one prays for show off and gaining fame is invalid because in this there is absence of sincerity of action. Due to this rule if one prays due to force is also invalid because the reason behind its performance is not the obeying of divine commands. As we see that in Islamic countries people are forcefully made to pray and that too in congregation. What is the nature of such an action?

Answer: Leaving aside the detailed discussions of Islamic scholars regarding the essence of worship acts and according to them force and compulsion is also correct. It is said that this type of force initially makes the person perform it but gradually the effect of compulsion wanes off and repeated performance makes him habitual of it.

Then only the obedience of divine Commands becomes the force behind his performing the worship act. In this condition even if he had performed some prayers under force they would be invalid but from the time the effect of compulsion had worn off he becomes conscious of his religious obligation and the rest of his worship acts shall be based on the sincerity of intention.

In addition to this it can also be said that those people have no other excuse that they reach to the congregation and stand up for prayers. These people can make an intention for prayers due to their own inclination and obtain the rewards of prayers. Otherwise they can also pretend to pray and perform bowing and prostrating like others while they had not made any intention to pray. Thus in such a condition if a person makes an intention to pray his prayer is correct, because he has performed it with sincerity and inclination.

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

Question: If a person performs such an action as a result of which the illegitimate fetus is aborted, does he have to pay the same Diyat (Penalty) that is payable for legitimate fetus or not?

Answer: Whether the fetus is legitimate or illegitimate its abortion is absolutely illegal. And in this matter there is no difference between the two. As far as the matter of abortion of illegal fetus, the parents are not eligible for the Diyat amount (when the two were aware that the intercourse they were having was illegal).

And like the inheritance of an heirless person it becomes the part of Bait al-Maal (Islamic treasury). But if a legitimate fetus is aborted its Diyat is paid to its heirs. Except one of the heirs (father or mother) had been instrumental in the abortion because in those conditions he is deprived of Diyat just as the killer cannot inherit from the killed one.

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

Question: What is the Islamic view on Artificial Insemination? (Artificial Insemination means the insertion of sperm into the woman’s uterus through special means).

Answer: Many ancient examples of artificial insemination/pollination are available with regard to animals and plants. And many plants and animals are grafted to give fruits. But artificial insemination to human beings is absolutely new.

And the encouragement for this is some men who are not able to produce children due to some causes but the wives are fertile they opt for artificial insemination to make their wives pregnant. The sperm of the husband or of another man is inserted into the woman’s womb. In this way she becomes pregnant.

This matter has been debated by the lawmakers of the western world (England, France, Egypt and other countries.) The House of Commons (England) has decided that a committee of legal experts should be formed so that they may study this subject.

The medics of France have made this matter dependant on the agreement of the spouses and permitted this if both of them agree. In Italy the Pope has made it prohibited through a religious decree. And the Grand Mufti of Egypt has stated it to be worse than adoption which is prohibited in Islam.

Two kinds of Artificial Insemination

In the first kind the sperm of a man is inserted into his own wife. From the viewpoint of proofs of jurisprudence there is not problem in this artificial insemination because on both sides the two people are legal and religious spouses. The husband and wife have the right to become parents. It does not make any difference that this procedure is through sexual intercourse or medical means.

Although at the time of artificial insemination it must be ensured that during this some illegal action is not committed. For example, another man must not perform this; rather the husband must do it.

The next type of artificial insemination is that a stranger’s sperm is inserted into the wombs of someone else’s wife. This kind of artificial insemination in the view of Islam (which has based marriage on precaution, carefulness, accuracy and piety) is absolutely illegal and the same is view of the great jurists of Islam and from some traditions regarding marriage we can know that it is prohibited.

In addition to this from the ethical, social and psychological points of view this is absolutely illegal and prohibited. And it has three main defects as described. Below:

1. From the ethical point of view it encourages promiscuity in women and slowly it attracts her to illegal liaisons. She tends to think that what difference does it make because the sperm of a stranger is inserted into her womb or this is carried out through illegal intercourse.

After this procedure (even if this had the husband’s sanction) this woman most of the time attempts illegal liaisons. Because in doing thus she has no fear from the husband. And if she becomes pregnant she can easily transfer the responsibility to artificial insemination which has been carried out with the permission of the husband.

2. From the social point of view this shakes the foundation of the family and it causes the destruction of family system and genealogy. As we know one of the evils of illegal relationship is enmity among the people and the severing of relation between children and the father. And this is seen as an unavailable effect of artificial insemination. As a result when the child grows up he does not know who the real father is.

3. The training and rearing of children and arranging of the necessities of their life natural emotions play a very important role and we must never be careless of this because it is the natural emotion which prepares the father to provide the necessities of life for his children, this human emotion is created only when he considers the child a past of himself. But if he knows that the child is the issue of someone else, there remains no reason why he should fulfill the needs of the child.

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

Question: What is the command in Islam for lying for hidden wisdom? And did the Prophets and great leaders lie in this manner?

Answer: Falsehood in itself is a very evil deed. And it is the root of most of our present difficulties and problems. Some of the sayings of the Holy Imams (a.s.) that have reached us mention that lying is the key to all sins.

But in spite of this in some special circumstances it is possible that if one speaks the truth there would be a great mischief and discord. If he does not state the truth the fire of mischief cools down.

For example when there is serious enmity between two and each of them speaks ill of the other in his absence we are also listening and we know that the questions we are being asked, if we give the truthful replies of the same and reveal the ill speaking of that person the fire of mischief and discord will flame up and it is possible that as a result of this there is a great loss.

Then obviously in such circumstances it would be wrong to speak the truth. And no intelligent person can say that in those conditions also we must speak the truth. It is an understood rational law that when the loss of something is greater than its benefit, we must refrain from it.

The Islamic rules also support this command and in such exceptional circumstances it allows lying.

However, two important points must be kept in mind here. First of all this topic has very exceptional aspects. And except for the above stated conditions lying is not permitted and it must not be that some people take the excuse of lying for hidden wisdom, without any sufficient cause or for personal gains resort to lying and thus commit this illegal act. And say that it was some hidden wisdom.

Secondly, Islam gives such great importance to the subject of lying that in such a condition when it is really necessary that one could lie, it has commanded Toriya. And this decree is well known among our jurisprudents and scholars.

Toriya means that when circumstances demand instead of lying we say a sentence which the listener can interpret in his way. While the aim of the speaker is something else. For example if someone asks us that such and such person has spoken such evil about me and we reply in the negative while we actually imply that he has not said in those words, even though he has said the same things in other words. Even though the hearer may imagine that the other person has not said anything.

And if the religion leaders in needful circumstances that is for saving life and property of people and controversies that are created between them and for prevention of mischief and discord if they have spoken words, which are based on lying for hidden wisdom, then certainly they fall under the category of Toriya which cannot be considered as lying.

This point is worth remembering that in circumstances when the duty of man is Toriya or lying for hidden wisdom, if he tells the truth, he is a sinner. In the same way he is responsible for the mischief that is created in this way.

Obviously there is no scope of Toriya or lying for hidden wisdom in the explanation or interpretation of the ayats of Holy Qur’an. That is as a rule there is no such need as for as ayats and Islamic laws are concerned.

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani