skills/sistani-guidance/references/books/jme/pages-253-264.md

# Jurisprudence Made Easy

PDF pages 253 to 264. Physical PDF numbering, not inferred printed labels.

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Previous block: [pages 241 to 252](pages-241-252.md).

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## PDF PAGE 253

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253
- If they were obliged to do so, i.e. out of necessity, it is
permissible. However, it is advisable that the person who
takes the photograph be a husband or any other of her
maharim. Only out necessity (dharourah), can they be
photographed by others.
* Is it permissible to slaughter the animal from the back of
its neck?
- Yes, it is permissible.
* Is exhuming the body of a dead person, provided that
the act shall not constitute breach of the sanctity of the
dead, permissible?
- No, it is not permissible, apart from certain cases, detailed
in the books of jurisprudence, which include necessity.
* Using the known outlets, is developing camera films,
featuring women without head cover, allowed?
- It is permissible so long as the person carrying out the job
is unknown to the women featured in the pictures, and
that the exposures themselves do not contain scenes that
could be provocative.
* How could I dispose of money found, if there is no way I
can trace its owner?
- Give it in charity on behalf of the owner.
* If a child finds a quite substantial amount of coins or
banknotes, what would become of this find?
- If there were any distinguishing marks that may lead to
tracing the owner, then be it. If not, the guardian of the
child could take possession of the money on his behalf.
* Could I move on to ask a doctrinal question: Is it
permissible to plead with the Infallibles (a.s.) for a
bettering of sustenance, granting of children, or
bestowing speedy recovery from illness?
- And do you intend to beseech them in the belief that
they are capable of creation, granting sustenance, or
preservation of life?
* No, only because I believe that they are a conduit
```

## PDF PAGE 254

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254
(wasilah) to God Almighty.
- You mean they intercede with Allah, the Exalted to do all
that which is prayed for?
* Precisely.
- This is permissible, because Allah, the Most High, has
said, “O you who believe! be careful of (your duty to) Allah
and seek means of approach unto Him and strive hard in
His way that you may be successful”. (5/35).
```

## PDF PAGE 255

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255
Dialogue on miscellaneous issues-2
In this session, I aim to enquire about matters concerning
the young, in particular. I am going to start it with what I
consider as the predicament of some sections of students.
* As a component of their curriculum, physiotherapy
students train in massage. This may entail applying
massaging techniques to the body of a woman patient. If
the students decline to carry out what they are required to
do because of their course of study, they may fail the
exam. Can they still enrol in such a course at the outset,
and can those who are already doing it carry on with it?
- It is permissible on the account of the students’ knowing
that the field of specialist knowledge they have embarked
on shall benefit some respected souls, albeit on a future
date. Let, therefore, their practice of massaging
techniques be free from any sexual innuendoes.
* As a part of their training, medical students are required
to examine women not related to them. Such examination
could include the private parts of the patients, be they
women or men. Can they carry out these examinations
during their years of study and after their graduation?
- Yes, it is permissible for medical students and physicians
to carry out such examinations, provided that
preservation of the respected human life is at stake, even
if it be in the future.
* Among the nurse’s job are duties such as taking the
patient’s pulse and dressing of wounds. Both may require
direct touch,
1. Can a man patient refuse a female nurse feeling his
body?
- He can ask for a male nurse to do the job, or ask the
female nurse to wear gloves?
```

## PDF PAGE 256

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256
2. In certain circumstances, the medical case calls for direct
contact with the body and a male nurse is not available.
For this, or any other valid reason, is it all right?
- As suggested by the question, direct touch can be
tolerated, provided it is restricted to the immediate part or
area of the body that needs the attention.
3. An injury, that may need medical attention, could occur
in the genitals. How should one go about it?
- The patient must ask the medical staff, attending his
case, be they men or women, to wear gloves. If this was
not feasible, direct touch could be tolerated within the
remit of the immediate area of injury.
* Suppose touch was substituted for looking. What is the
ruling regarding the cases just discussed?
- The ruling on illicit gazing is the same as that passed on
illicit touch. Thus, the cases are governed by the same
parameters as detailed in the preceding answers to the
examples posed.
* If the patient was a woman and the medical practitioner
was a man, would the same rulings outlined in the
previous examples apply?
- Yes.
* Some non-conformist husbands require their wives to a)
abandon prayer and hijab (Islamic dress), b) serve their
guests with alcoholic drink, c) force them to join in
gambling sessions, and d) shake hands with men. If the
wife is coerced to do all these vile deeds, has she the right
to walk out on such husbands for the sake of upholding
her religious obligations?
- Yes, it is within their legal right to do so; it should,
however, be confined to that which is necessary. Such
wives would still be entitled to full maintenance from their
husbands.
* Suppose a wife was insistent on wearing hijab. Her
```

## PDF PAGE 257

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257
husband was equally adamant that she should not wear it,
thus leaving her with no alternative but to ask for divorce.
What can she do?
- She must not part with hijab, albeit this may lead to her
husband divorcing her.
* Yet, choosing this course of action may pose untold
difficulty and embarrassment to some women. Should
they still embark on it?
- Yes, they must patiently persevere in such a predicament,
and call to remembrance Allah’s Words, “..and whoever is
mindful of (his duty to) Allah, He (ever) prepares a way
out, and gives him sustenance whence he thinks not; and
whoever trusts in Allah, He is sufficient for him; surely,
Allah attains His purpose; Allah indeed has appointed a
measure for everything”. (65/2,3).
* Could I move on and ask about matters relating to
human reproduction: The use of contraceptives is
commonplace these days. If this was not feasible due to
fear of harm or out of necessity, can the woman seek
medical advice that may entail local examination by a man
doctor or a woman doctor, especially when pregnancy
could endanger her health or cause her unnecessary
trouble?
- For the reasons explained in the question, she can do
whatever it takes to avoid an untenable situation or harm
that may be triggered by pregnancy and conventional
contraceptives. Yet, she should opt for a woman doctor to
examine her body, which could include her reproduction
system. Only as a last resort, could she seek the attention
of a man doctor.
* Is it permissible for a woman to look at that part of
another woman’s body, between the navel and the knee,
excluding the anterior and the posterior?
- Yes, she is permitted to do so, provided that it is done
without sexual arousal.
```

## PDF PAGE 258

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* Some women refrain from getting pregnant, yet their
husbands want them to get pregnant. So, they take to the
pill or other means and devices of contraception. Are they
allowed to do so?
- Yes, it is permissible for them to do so, provided that they
do not put their wellbeing in harm’s way.
* What about the use of coil?
- Should the woman know that this could lead to the
destruction of the inseminated egg, [she is not allowed to
fit it].
* Some women prevent their husbands from ejaculating
inside. Are they entitled to such an action?
- No, they are not.
* Has the husband the right to force his wife not to beget
children?
- No, he does not have such a right.
* In a sexual intercourse with his wife, has the husband
the right to ejaculate outside?
- Yes, he has.
* On the same count, can he use condom?
- Yes, [provided he obtains his wife’s consent to that].
* Some women use medications to delay the onset of their
monthly period. Is it permissible?
- Yes, it is.
* In its early days, it is easy to terminate the pregnancy.
Has the woman the right to do so?
- No, she has not, unless the pregnancy poses a threat to
her health.
* Kissing and hugging between women in public, is it
permissible?
- Yes, it is, provided that it is done without contemplating
a sinful act.
* Nowadays, women wear make-up and jewellery in
public. Is it permissible?
- It is permissible insofar as the wearing of antimony and
```

## PDF PAGE 259

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259
rings, provided women guard agaisnt falling prey to that
which is haraam and avoid that which could seduce men.
* In modern day life, be it at work or in the street, some
women appear in public without hijab. Is it permissible to
look at those women, not intentionally and without
malice?
- Yes, it is permissible.
* Can a woman appear in public with the top of her feet
exposed?
- No, she is not permitted to do that.
* What about while she is in prayer?
- It is permitted; the entire woman’s foot, top and sole, can
be exposed in prayer.
* Are women allowed to travel alone in a chauffeur-driven
vehicle?
- So long as she was sure that she was not going to
commit anything that is haraam, she could travel in such a
vehicle.
* You mentioned to me that masturbation is haraam. Does
this include both man and woman?
- Yes, the ruling applies to both sexes.
* Can a patient give a specimen of his sperm, not
extracted through conventional means, for a laboratory
test for fertility treatment?
- Only when it is necessary.
* Using modern techniques, medical practitioners can tell
whether the foetus is healthy or deformed. If the check-up
proved that it was deformed, can the pregnancy be
terminated?
- Deformed foetus per se cannot be upheld as a valid
reason for terminating the pregnancy. Of course, if the
pregnancy posed a danger to the health of the mother,
the pregnancy can be terminated. This, however, can be
allowed only at any stage prior to the spirit entering the
foetus.
```

## PDF PAGE 260

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261
* If I could move on and ask about artificial insemination:
Suppose the sperm of a man was used to impregnate his
wife’s egg through some artificial means. Is it permissible?
- Yes, it is permissible.
* Can the sperm of a man be used to impregnate the egg
of a woman, other than his wife?
- No, it is not permissible.
* Is it permissible to fertilize the egg of a wife by the sperm
of her husband in a test tube, and the fertilized egg is then
implanted in the wife’s womb?
- Yes, it is permissible.
* Using the same technique, is it permissible to use the
egg of another woman for fertilization, and then
implantation in the womb of the man’s wife?
- Yes, this too is permissible.
* In such a case, to whom will the born child belong - to
the natural mother or to the surrogate one?
- There are two courses of action. (Whichever one is taken)
ihtiyat must be the deciding criterion.
* Is it permissible to inseminate the egg of a woman with
the sperm of a man other than her husband?
- This must be avoided.
* If I may take you back to matters relating to schooling:
Should the permission of the parents of the pupils be
obtained before the punishment by caning is carried out?
- It is permissible, only if such pupils were bent on harming
other pupils or committing wrongful acts. The permission
of the guardian must be obtained. The punishment is
three lashes [not more], provided the delivery of these
lashes is gentle such that the beating should not leave any
mark on the body. Should it lead even to colouring of the
skin, compensation (diyyah) shall be due.
* Is cheating during school exams all right, especially
when some teachers condone it?
- It is not permissible.
```

## PDF PAGE 261

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261
* As a requirement of their curriculum, sculpture students
are required to train into making statues, and similar
objects; such statues could take the shape of creatures
that have spirits. Is it permissible for them to do so, taking
into account that if they decline, they shall be deemed
failed?
- Making passing the exams contingent upon sculpture is
not a valid justification by itself to carry out this [unlawful]
work.
* Is it permissible to engage in ball games, such as football,
basketball with no bet placed?
- It is permissible.
* What about boxing and wrestling?
- They are permitted, only if they do not lead to serious
injury.
* If I may move on to ask about parent/offspring
relationship: What are the boundaries of parental
instructions that children should comply with?
- Islam makes it incumbent on the child to be gentle with
his parents.
* Fair enough. Would it be sound, from an Islamic law
standpoint, that one should obey his parents in every
detail of daily life, such as the parent ordering his son or
daughter to eat a particular type of fruit, or go to bed at a
particular hour, etc.?
- Yes, it is a good thing to do.
* Should the parents prevent their child from embarking
on a certain action that, they believe, could result in
putting him in harm’s way? And is it incumbent on the
child to comply, even though he thinks otherwise?
- It is not permissible for the child to go against the express
wish of his parents, for what makes them take such a
stand is their concern for the wellbeing of their child.
* Suppose the child wanted to travel, and the parents
were sure that no harm would befall their child, yet the
```

## PDF PAGE 262

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262
parents could not contemplate the idea of their child
being away from them; it could upset them. So, they
objected to their child’s making such a journey. Can the
child still make the trip?
- Let me put it this way: If the child was not going to suffer
adversely from travelling, and his insistence on making
the trip could result in upsetting his parents, he must not
go away.
* If I may move on to ask about another subject: Is playing
chess and black gammon, without betting, permissible?
- It is not permissible to play both.
* There are other ways and means of playing games of
chance, especially through machines and gadgets. If no
betting was involved, can one use these tools?
- [It is forbidden to dabble in anything that has originally
been intended for gambling, albeit without placing a bet].
* What about playing computer games without a bet?
- If the images appearing on the monitor of the computer
feature gambling gadgets, it is not permissible.
* On another topic, can the woman perform any dancing
act for her husband for fun?
- Yes, she can.
* And what about her dancing before other men?
- She is not allowed to dance before men other than her
husband, [rather, in front of other women too].
* And man’s dancing in public?
- [It is not permissible].
* On happy occasions, men and women take to clapping.
Is it permissible?
- It is permissible, so long as it did not lead to a sinful act.
* Now, on a different subject, is it permissible to listen to
religious songs?
- Do you mean the performance of religious chanting
accompanied by conventional music?
* Yes.
```

## PDF PAGE 263

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263
- It is forbidden to listen to these songs and any other non-
entertaining words, be they supplications, words of praise,
[or others], if they were performed to a musical tune.
* What about entertaining words vocalized with music?
- That is conventional singing which is not permissible
beyond any doubt.
* What about conventional music?
- It is of two kinds. That which is conducive to the
gatherings of play and delictation is haraam. That which
does not bear these characteristics is not haraam.
* Some types of tunes are played as a prelude, or a finale,
to the broadcast of Qur’anic recitations, the call to prayer,
or religious programmes. Is it permissible?
- In the main, these are of the second type that is halal.
* What about musical interludes and musical preludes to
news bulletins?
- They are covered by the same ruling, that is, they are
halal.
* Certain makes of watches have a device fitted in them
whereby you can listen to musical phrases. Can one trade
in such watches as well as listen to the type of music they
play?
- Yes, it is permissible.
* Is it all right to listen to classical music, that is said to
soothe the feeling and that which could be prescribed for
certain psychological disorders?
- Yes, music that does not involve play and delictation is
permissible to listen to.
* And is the music used in television films and serials, that
is normally intended to move the viewer, permissible?
- In the main, it is of the kind that is permissible.
* Some poems, with sentimental or patriotic overtures, are
broadcast to the accompaniment of music. Is it
permissible?
- They are governed by the same preceding ruling.
```

## PDF PAGE 264

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264
* May I ask two more questions before ending this
session?
- You may.
* Can a woman appear in public, wearing perfume?
- She should avoid that. Rather, it is not permissible, if it
was going to lead to seducing men or sexually arousing
them.
* Some women mourn their dead by wearing black
clothes; they may resort to wailing as an expression of
deep sense of loss. Is this outpouring of grief permissible?
- Yes, it is.
Thus, we concluded our dialogues. However, we may
resume them, if need be.
Praise be to Allah, the Cherisher of the worlds.
```