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In this section of the website those of Ayatollah Alozma Jannaati's fatwas (rulings) are presented that are stated by His Eminence mostly for the first time in the contemporary history of the Emamiye Jurisprudence or explained and expounded on the basis of new Ejtehad method. Full text or summaries of each of these rulings will add later little by little.

 
 
Selected Rulings
Non-Muslims of any group (People of the Book, polytheists, and atheists) are intrinsically, physically and bodily clean. And if they stay away from things that are considered Najes (impure) by Muslims, they will not have accidental uncleanness as well.
It is not necessary that a Mojtahed who is followed for Taqlid be a man.
It is both permissible to stay on Taqlid of a dead Mojtahed as well as begin Taqlid initially from him.
It is not necessary that a Mojtahed who is followed be the most learned and the most eligible. Eligibility in its well known sense i.e. being more qualified for inferring and finding out divine injunctions, can not be illustrated and imagined between two Mojtaheds neither in the apparent and external stage nor can it be illustrated in the inner and actual stage. However, being more learned - as I have mentioned in my writings on (Orwatol Wothqa) - means that one of the two Mojtaheds commits less mistakes than the other in referring new sub issues to basic principles. This is imaginable but it is certainly very difficult to determine which one of them commits less mistake to be labeled as (a'alam) (the most learned) and which one of them commits more mistakes to be less learned and less qualified for Taqlid.
Using opium, morphine, heroin and marijuana be it in the form of eating, drinking, or smoking or puffing at is forbidden because of their harms. Using them is permissible only on doctor's prescription. Also it is forbidden to use anything that causes drunkenness. However, in case of emergency or its being an exclusive means for healing an illness, using it would be permissible and there would not be an objection in it.
Selling, purchasing and transporting of narcotics are forbidden, if they are to be for harmful use or for corrupting society individuals.
It is necessary for women to cover their whole bodies from strangers except for the face and hands. No special kind and color of dress is recommended; anything with which the body can be covered would be sufficient.
It is permissible for a woman to hold a judicial position provided she bears all necessary conditions.
Women can take charge of social, political, scientific, cultural, art, and managing positions, if they have the ability to do what they are required in those positions. Meanwhile, all religious obligations including Hejab (head dress) should be observed.
Father's permission for marriage for a girl who fully knows interests, expedience and harms and who is not overtaken by emotions is not required. She is allowed to marry on her own free will.
A girl's puberty is identified through monthly period. If she has no monthly period, she should refer and act according to her relatives' monthly period. Therefore, she should take her relatives' period as her own time of puberty.
Wife should seek her husband's permission for going out of home, if it is against his rights or else obtaining his permission is not required. So in this case, she can go out for learning and teaching, doing social and political activities and visiting parent and relatives. It is not necessary to stipulate this into the marriage contract.
Although divorce is in man's hand, there are certain areas where woman can take the right of divorce. Of those areas one is stipulation of the right in the contract itself another is (unbearable) hardship and
Care and custody of male and female child is with mother until he and she become two and seven years of age, respectively. Thereafter, man is entitled to their custody. This is not an absolute (ta'abbodi) ruling so as to be irrevocable. It is simply a right that is maintained by them. Rather it is a combination of right and religious duty - a thing underscored by civil law also.
Child custody and guardianship are conditioned to person's ability to support and care the child. So if father or mother are morally, socially and religiously unqualified and unsuitable to take the child in custody or is qualified but he/she does not tend to his/her duty properly, this right is thus nullified. So Hakeme sharei (Jurist) can transfer the responsibility to the other person or to a third individual.
A woman is allowed to prevent from pregnancy, provided that it is before sperm conception.
Castrating woman through surgical operation or by way of other means is not permissible.
There is no problem or objection in woman's impregnation by her husband's sperm, but forbidden preliminaries should be avoided.
Conception with sperm of someone other than that of husband is not permissible, if the husband is not consenting to it.
Conception with sperm of someone other the husband is permissible, if he is infertile and consenting provided that it should not be in the accompaniment of illegal and impermissible act.
If conception occurs with the sperm of a man other than the husband, the child born will be attributed to the man not to the husband but the child's mother is the woman who has given birth to it.
Given the foregoing supposition, the child born will be like other children in relation to his or her brother or sister or blood relatives with whom marriage is not permissible. As a genera rule, a child born artificially is like a naturally born child so all those with whom marriage is forbidden for a naturally born person will be forbidden for an artificially born person as well.
Woman can prevent herself from becoming pregnant without her husband's consent. But man can not force her into not becoming pregnant but if she consents there would be no objection in it.
Marriage with women of Ahle Ketab (Zoroastrians, Jews and Christians) is permissible for Muslims. Marriage with women of Ahle Ketab (People of the Book) be it temporary or permanent is permissible.
There is no eshkal (problem) in dancing of women for women and men for men at wedding ceremonies and in joyous occasions.
If ghena music is played in a frivolous manner, or if it is coupled with false talks or played in such a manner that it distracts attention from God, it would be forbidden. But if it bears none of these features, there would be no eshkal (problem) in it.
Playing tambourine at weddings in the manner that is customary now is permissible. And even some ancient jurisprudents have gone to consider it undesirable for one who avoids playing it. A good wedding is that which gives happiness and is noisy but is not in the accompaniment of things that are forbidden in the holy religion of Islam.
Money taken at weddings by female singers is halaal.
Enjoying music is not forbidden as long as the listener is not taken away with it but if a kind of music, which is halaal in itself, is accompanied with a forbidden act, listening to it would become forbidden. For instance, mixed gathering of men and women without observing Hejab (Islamic modest dress) or drinking while music is being played would basically cause people's very attending of the gathering to become haraam and as a result listening to the music would also be problem some.
There is no eshkal (problem) in listening to music such as the classic music which gives a soothing feeling and brings physical and mental relief.
There is no problem in a hymn or an anthem that is sung and played in certain occasions by a band (a group of singers).
It is permissible to clap in festivities or in a speech gathering for encouragement and for showing one's happiness or satisfaction.
The use of musical instruments for playing modest songs coupled with meaningful religious, Gnostic, ethical, social and political concepts are permissible. Playing musical instruments accompanied with idle and frivolous songs or poems that contain false talks is forbidden.
Nowadays instruments for idle music are considered as instruments that are common between idle and no idle music. (By the word (Idle) we mean a song or music that is frivolous and licentious).
Buying and selling of musical instruments those are solely for frivolous and licentious music is forbidden. As for buying and selling of instruments which are used both for forbidden and permissible music, it is permissible only when one intends to buy or sell it for a legal use. There is a difference between instruments that are used specifically for licentious music and instruments that can be used for this purpose.
Today, instruments known to be for frivolous music are considered as instruments that are common between frivolous and no frivolous music. Because, they are used for playing music together with poems carrying high meanings. Therefore, similar to ruling applied to radio and television there is no eshkal (problem) in buying and selling of these instruments. So if one, who buys the aforementioned instruments, intends to play false sounds (idle and frivolous music or songs) it is forbidden. But if he intends to play them with useful poems, it is okay and he can buy them.
Buying and selling of idle music instruments which create a motive of quietness and tranquility for children is without an objection.
While living, man can sell his organs - those that are permitted to be cut off - for transplantation, but to avoid this is better. As for the money he takes for permission (for areas where permission is allowed to be given), it is permissible to use it.
Diya (blood money) is to be paid by cutter (he who cuts the organ). But the doctor (or surgeon) can hold patient to accept payment for blood money.
To make a will for donating some of the body organs to someone who is in need is permissible.
It is not permissible for one who is alive to donate his eye to another living person.
It is permissible to transplant part of the body of an animal that is inherently najes (impure), to the body of a man who needs it. After it absorbs living organisms from the man's body, it will be considered as part of his body and so it will be clean.
It is permissible to transplant part of the body of a dead or a living animal. However, the transplanted part will be considered part of his body after life begins to get into it.
If one wants to give an organ of his body (e.g. kidney) to another person or makes a WILL that his organ be given to him after his death - be it for money or for free - it is permissible.
Playing with means of backgammon, cards and chess is permissible, if it is done for mental exercise or for entertainment or improving mathematical ability even if the means with which the games are played are considered as means for gambling. Of course, in all of this the game should not be played for a thing to be won or lost by either side or else it would be forbidden.
Statuary, which is now being regarded as a valuable and worthwhile art and which is clean from indecent and forbidden motives such as polytheism and likeness of statues to God, is permissible because with the passage of time the criterion of forbiddingness and/or undesirability have changed.
Capital invested as much as it provides sustenance with its profits and returns is not liable to khoms (1/5th). If it is more than that, khoms is payable.
Adna Al-Hel which is Miqat (fixed place for Ehram) for those who perform Omre Mofrade, from inside Mecca, is also Miqat for those who enter Mecca via Jeddah. It is Miqat for Tamat-toe Haj as well.
Slaughtering of animal (zebh) should be done at Mena but if no poor and needy people are there to take and use the meat, it is permissible to make the sacrifice through a deputy in his own homeland or a place where needy people could be found.
At Ramye Jamaraat (stone throwing), if the stones pelted by a Haji hits the area where the pillar stands, it is sufficient. Because the place (where the Satan had appeared and when Ebrahim carried Esmail for sacrifice to the place, he saw the Satan whereupon he was ordered to shoot it with stones so as to make it run away) is the symbol not the pillar. The pillar was not there during the Holy Prophet (pbuh) and the companions nor was it there during their (immediate) successors.
As inferred from narrations, a single dedication (single sacrifice) is enough for a group of co travelers at the time of expensiveness and dearth. But the degree of expensiveness and some other particulars related to this issue require further consideration.
A single sacrifice is not sufficient, if shared volitionally by several people. However, if it is done out of necessity, it would be sufficient as purported by narrations.
 
 
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