skills/sistani-guidance/references/books/west/pages-025-036.md

# A Code of Practice for Muslims in the West

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## PDF PAGE 25

```text
..……………………………………………… ٥٢A Code of Practice For Muslims in the West
Translator's Preface
In the name of Allah, the Beneficent, the Merciful.
May Allah send His blessings upon Muhammad and his
progeny.
Writing the manuals of Islamic laws for use by Muslims is an
evolutionary process, reflecting the change in lifestyles and the
relevance (or the lack of it) of certain problems and issues that
vary from time to time and place to place. The spirit and the
purpose remain constant but the style and the format change.
In the present century we first saw the widely used Tawdihu 'l-
Masa'il in Persian (also known as risala-e 'amaliyya), and then
came the Minhaju 's-Salihiyn in Arabic by the late Ayatullah
al-Hakim (which was later expanded by the late Ayatullah al-
Khû'i and even further improved by Ayatullah as-Sistani). In
mid seventies, the late Ayatullah Sayyid Muhammad Baqir as-
Sadr brought about a completely new style in his al-Fatawa al-
Wadiha.
The present book, al-Fiqh lil Mughtaribin by Hujjatul Islam
Sayyid 'Abdul Hadi al-Hakim, is a further development in the
same line of change and continuity. Sayyid 'Abdul Hadi's
distinction is that he has focused on the problems and issues
faced by the Muslims in the West, formulated those questions,
and compiled their answers without going into details that can
be easily obtained from other commonly used sources of
```

## PDF PAGE 26

```text
..……………………………………………… ٦٢A Code of Practice For Muslims in the West
Islamic laws. And so it was indeed a great pleasure when I was
asked to undertake the translation of this book into English.
A Note on Translation: I have been quite liberal while
translating the author's Introduction but had to strictly abide by
the wording and expressions as they appeared in the original in
the latter and the major part of the book. This was done to
ensure the accuracy in conveying the views of the Grand
Ayatullah as-Sistani.
This translation is based on the first Arabic edition of  ٨٩٩١but
with quite a few changes and amendments done by the Fatwa
Committee of the Office of Ayatullah as-Sistani in Qum. And
so those who would compare this translation with the first
Arabic edition should keep this fact in mind. The changes were
of various length and nature: in some instances, words, phrases
and sentences were changed or added to further explain the
problem;  )١(١in some cases, the rulings have changed;  )٢(٢and
in three cases, the items were deleted completely.   )٣(٣
 ١See for example items ٦١m ٩٢ ,٣٢ ,٠٢- ٠٣on p. ٧٣- ;٩٣item
 ,١١p.  ;٦٥item  ,٦٩p.  ;٠٠١item  ,٨٧١p.  ;٩٤١item  ,١٠٣p.  ;٣٠٢
item  ,٣٨٣p.  .١٥٢All page numbers in this note refer to the first
Arabic edition.
 ٢See, for example, item  ٤١١on p.  ٠١١on sighting of the new
moon.
 ٣See item ( ٨١٢p.  ,)٨٦١item ( ٥٨٢p.  ,)١٩١and item ( ٩٦٢p.
 )٧٨١in the first edition.
```

## PDF PAGE 27

```text
..……………………………………………… ٧٢A Code of Practice For Muslims in the West
Moreover, in some instances I had asked for further elaboration
that was kindly provided by the Committee.  )٤(٤I have also
taken the liberty of changing the placement of certain rulings
so that similar issues are found in the same section. For the
same reason, in Part Two, I have switched the sequence of two
chapters: Chapter "( ٨Youths' Issues") and Chapter  ٩
"(Women's Issues) since women's issues are much closer to
issues of Chapter  ٧on "Marriage". Interestingly this is the
order that the author himself has listed pages  ١٣and  ٦٣١of the
Arabic but has somehow changed it in the final printing. I have
written some footnotes to clarify the meaning and have also
added a short list of "Frequently Used Terms" at the beginning
of each chapter.
I pray to Almight Allah to accept this work as a humble
attempt in simplifying His laws for the Muslims in non-Muslim
societies, and may He reward the author and grant long life to
the Ayatullah as-Sistani on whose expert opinion this book is
based.
 .٤ ٤See item  ٥١١in this translation on the criterion of
following the moon sighted in a city west of your own city.
'Abdul Hadi as-Sayyid Muhammad Taqi al-Hakim
 ٧٢Ramadhan  ٦٢ / ٨١٤١January  ٨٩٩١
```

## PDF PAGE 28

```text
..……………………………………………… ٨٢A Code of Practice For Muslims in the West
Toronto
Sayyid Muhammad Rizvi
Shawwal  / ٩١٤١February  ٩٩٩١
```

## PDF PAGE 29

```text
..……………………………………………… ٩٢A Code of Practice For Muslims in the West
Translator's Preface
In the name of Allah, the Beneficent, the Merciful.
It is a pleasure for me to present to the respected readers my
book, al-Fiqh lil Mughtaribin, according to the views: of his
eminence Grand Ayatullah as-Sayyid 'Ali al-Hussaini as-
Seestani (May Allah prolong his blessed presence among us).
This book is the first attempt at writing Islamic laws For
Muslims who have settled in non-Muslim Countries. Muslims
who were compelled to leave their countries, and the places
where they grew up, and had to migrate to non-Muslim
countries in which they now live under different laws and
systems, dissimilar values and rules, and unfamiliar customs
and habits. The modes of conduct and manners of the host
societies are greatly at variance with what the guests were used
to; there is a wide gulf between their own upbringing and the
values of the host countries. Conseqneutly, new problems have
emerged and a number of questions arose that called for
answers - answers that would clarify the ambigious, enlighten
the obscure, guide the stray, and brighten the darkness.
From this came the need for writing a book that would deal
with the various practical problems of immigrant Muslims, and
provide answers and present solutions for them.
```

## PDF PAGE 30

```text
..……………………………………………… ٠٣A Code of Practice For Muslims in the West
It was against this background that al-Fiqh lil Mughtaribin was
written with a detailed introduction, followed by two parts with
each part branching out into various chapters which contain
new questions, issues that had not been charted before, and
problems that have not been discussed in most Manuals of
Islamic Laws and other commonly used books of Islamic
Jurisprudence. Hopefully these parts and chapters will act as a
stimulus for further questions that the learned reader may raise;
and I will be greatly pleased to receive those queries so that
they may be included with their answers in future editions,
insha Allah.
Islamic Laws for Muslims in non-Muslim Countries is the third
attempt following two other books "al-Fatawa al-Muyassara"
(Jurisprudence Made Easy) and "al-Muntakhab mina 'l-Masa'ili
'l-Muntakhabah" (Current Legal Issues) through which I hope
to have contributed to the process of making Islamic laws
accessible, and endear them, to lay people. If I have succeeded
in my aim, all praise is due to Allah; and if I have not, it is
sufficient that I have tried "and my success is not but from
Allah, and in Him I place my trust and to Him I turn."
I had the privilege of reading some chapters of this book to my
respected father (may Allah prolong his life) during his stay
with me in London when he came for treatment. His guidance
has indeed enriched this book.
I pray to the Almighty Allah that He may accept this work with
a good acceptance I am grateful to those who helped me in
completing this book. I would like to especially thank His
```

## PDF PAGE 31

```text
..……………………………………………… ١٣A Code of Practice For Muslims in the West
Eminence the Grand Ayatullah as-Sayyid 'Ali al-Hussaini as-
Seestani (may Allah prolong his blessed presence) who took
upon himself the trouble to provide the answers to the
questions. I am also grateful to the offices of the Grand
Ayatullah in Najaf [Iraq], Qum [Iran], and London for helping
me in ensuring the accuracy of what I have written and in
ensuring that it is in accordance with the views of the
Ayatullah.
"Our Lord! Do not punish us if we forget or make a mistake.
Our Lord! Do not lay on us a burden as Thou did lay on those
before us. Our Lord! Do not impose upon us that which we
have not the strength to bear; and pardon us and grant us
protection and have mercy on us. Thou are our Master, so help
us against the unbelieving people."
```

## PDF PAGE 32

```text
..……………………………………………… ٢٣A Code of Practice For Muslims in the West
Author's Preface
In the name of Allah, the Beneficent, the Merciful.
It is a pleasure for me to present to the respected readers my
book, al-Fiqh lil Mughtaribin, according to the views: of his
eminence Grand Ayatullah as-Sayyid 'Ali al-Hussaini as-
Seestani (May Allah prolong his blessed presence among us).
This book is the first attempt at writing Islamic laws For
Muslims who have settled in non-Muslim Countries. Muslims
who were compelled to leave their countries, and the places
where they grew up, and had to migrate to non-Muslim
countries in which they now live under different laws and
systems, dissimilar values and rules, and unfamiliar customs
and habits. The modes of conduct and manners of the host
societies are greatly at variance with what the guests were used
to; there is a wide gulf between their own upbringing and the
values of the host countries. Conseqneutly, new problems have
emerged and a number of questions arose that called for
answers - answers that would clarify the ambigious, enlighten
the obscure, guide the stray, and brighten the darkness.
From this came the need for writing a book that would deal
with the various practical problems of immigrant Muslims, and
provide answers and present solutions for them.
```

## PDF PAGE 33

```text
..……………………………………………… ٣٣A Code of Practice For Muslims in the West
It was against this background that al-Fiqh lil Mughtaribin was
written with a detailed introduction, followed by two parts with
each part branching out into various chapters which contain
new questions, issues that had not been charted before, and
problems that have not been discussed in most Manuals of
Islamic Laws and other commonly used books of Islamic
Jurisprudence. Hopefully these parts and chapters will act as a
stimulus for further questions that the learned reader may raise;
and I will be greatly pleased to receive those queries so that
they may be included with their answers in future editions,
insha Allah.
Islamic Laws for Muslims in non-Muslim Countries is the third
attempt following two other books "al-Fatawa al-Muyassara"
(Jurisprudence Made Easy) and "al-Muntakhab mina 'l-Masa'ili
'l-Muntakhabah" (Current Legal Issues) through which I hope
to have contributed to the process of making Islamic laws
accessible, and endear them, to lay people. If I have succeeded
in my aim, all praise is due to Allah; and if I have not, it is
sufficient that I have tried "and my success is not but from
Allah, and in Him I place my trust and to Him I turn."
I had the privilege of reading some chapters of this book to my
respected father (may Allah prolong his life) during his stay
with me in London when he came for treatment. His guidance
has indeed enriched this book.
I pray to the Almighty Allah that He may accept this work with
a good acceptance I am grateful to those who helped me in
completing this book. I would like to especially thank His
```

## PDF PAGE 34

```text
..……………………………………………… ٤٣A Code of Practice For Muslims in the West
Eminence the Grand Ayatullah as-Sayyid 'Ali al-Hussaini as-
Seestani (may Allah prolong his blessed presence) who took
upon himself the trouble to provide the answers to the
questions. I am also grateful to the offices of the Grand
Ayatullah in Najaf [Iraq], Qum [Iran], and London for helping
me in ensuring the accuracy of what I have written and in
ensuring that it is in accordance with the views of the
Ayatullah.
"Our Lord! Do not punish us if we forget or make a mistake.
Our Lord! Do not lay on us a burden as Thou did lay on those
before us. Our Lord! Do not impose upon us that which we
have not the strength to bear; and pardon us and grant us
protection and have mercy on us. Thou are our Master, so help
us against the unbelieving people."
```

## PDF PAGE 35

```text
..……………………………………………… ٥٣A Code of Practice For Muslims in the West
Introduction
A Muslim who is born and raised in a Muslim country where
he consciously and subconsciously absorbs the laws, values
and teachings of Islam, grows up into a young person who is
aware of the customs of his religion, following its path and is
led by its guidance. On the other hand, a Muslim who is born,
and brought up in a non-Muslim country demonstrates the
influence of that environment very clearly in his thoughts,
ideas, behaviour, values, and etiquette unless his Lord helps
him. This un-Islamic influence is seen more in the second
generation of those who have migrated to non-Muslim
countries.
This was the reason for Islam's view on at-ta'arrub ba'd al-hijra
as reflected in many ahadith. At-ta'arrub ba'd al-hijra literally
means "becoming shorn of one's percepts of faith after
migrating [to city]," and technically, it means leaving an
environment where you could follow Islam and moving to a
place where you maybe prone to not following Islam. Such a
migration is counted as one of the major sins. Abu Basir says
that he heard Imam as-Sadiq (a.s.) saying: "The major sins are
seven: killing a person intentionally; associating someone or
something with the Almighty Allah (shirk); wrongfully
accusing a married woman of adultery; Knowingly dealing in
usury; running away from the battle-field in jihad; at-ta'arrub
ba'd al-hijra; causing distress to one's parents [by encroaching
on their rights]; and wrongfully acquiring the property of the
orphan." Then he said, "At-ta'arrub and shirk are one and the
```

## PDF PAGE 36

```text
..……………………………………………… ٦٣A Code of Practice For Muslims in the West
same [in severity]."  )١( ١
 ١Muhammad bin Ya'qûb al-Kulayni, al-Usûl min al-Kafi, vol.
 ,٢p.  .١٨٢
```