skills/sistani-guidance/references/books/west/pages-049-060.md

# A Code of Practice for Muslims in the West

PDF pages 49 to 60. Physical PDF numbering, not inferred printed labels.

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Previous block: [pages 37 to 48](pages-037-048.md).

Next block: [pages 61 to 72](pages-061-072.md).

## PDF PAGE 49

```text
..……………………………………………… ٩٤A Code of Practice For Muslims in the West
General Rules
Now it is appropriate to clarify the following issues:
A person who does not have the ability to extract and derive
the religious laws must take up taqlid of the most learned
mujtahid. The deeds of such a person without taqlid or ihtiyat
are null and void.
The most learned mujtahid (al-a'lam) is the most capable in
deriving the religious laws from their sources.
In order to determine who is the most learned mujtahid, one
must refer to the ahlul khibra (those who are sufficiently
knowledgeable in Islamic jurisprudence). It is not permissible
in this matter to refer to a person who has no expertise in this
subject.
You can know the opinion (fatwa) of your marja' by one of the
following methods:
By hearing the ruling from the mujtahid himself.
By being informed about the mujtahid's fatwa by two just men
or by a reliable person.
By referring to the Manual of Islamic Laws (risala) of the
marja' or other books of that category.
```

## PDF PAGE 50

```text
..……………………………………………… ٠٥A Code of Practice For Muslims in the West
When the most erudite mujtahid has no fatwa on an issue or if
it is not possible for the layman to find the opinion of his marja'
when he needs it, he can then refer to another mujtahid who is
the second best in the line of hierarchy of being a'lam.
```

## PDF PAGE 51

```text
..……………………………………………… ١٥A Code of Practice For Muslims in the West
Questions and Answers
Question: The jurists tell us that it is wajib to emulate the most
learned (a'lam) mujtahid, and when we ask the religious
scholars in our area, "Who is the a'lam?" we do not get a clear-
cut answer so that we may follow his fatwa. When we ask them
about their answer, they say that they are not ahlul khibra and
they also say that: "we have asked ahlul khibra  )١(١and have
been informed that identifying the a'lam mujtahid requires the
study of the books of the mujtahids and that obviously is a time
consuming and difficult task; so go and ask the others."
If the problem of identifying the a'lam mujtahid is so difficult
in religious circles, obviously the problem would be even more
difficult in other countries like Europe and America. After a lot
of difficulty when we convince the youths of these countries
that it is necessary to abide by the shari'a laws, we reach to the
question of who is the a'lam, and find ourselves lost for words.
Is there a solution to this problem?
Answer: If there are some ahlul khibra who refuse to identify
the a'lam for one reason or another, there are other ahlul khibra
who readily identify him. It is possible to contact those ahlul
khibra through the religious scholars and others who are
reliable and have contacts with religious seminaries and with
the scholars in other countries. So, although identifying the
a'lam is not without difficulty, yet it is not a serious problem.
 ١Translator's Note: See rule no.  ٦٢for meaning of ahlul
khibra.
```

## PDF PAGE 52

```text
..……………………………………………… ٢٥A Code of Practice For Muslims in the West
Question: How do we know who ahlul khibra are so that we
may ask them about the a'lam mujtahid? How do we reach
them since we are far away from religious seminaries? Is there
a way that can simplify for us the process of determining
whom we should follow in taqlid?
Answer: The ahlul khibra are the mujtahids and those next in
line in religious sciences, and they know quite well that one
person in a limited group of mujtahids is the a'lam. And they
have to consider the following three things to identify that
a'lam:
First: His knowledge concerning the methods for providing
the authenticity of the hadith, and that involves 'ilmu 'r-rijal
(the science of narrators of hadith) and 'ilmu 'l-hadith (the
science of hadith). On this subject, issues like familiarity with
the books [of hadith] and the ahadith that have been tampered
with; knowledge of causes for fabrication [of ahadith];
variance in the manuscripts and distinguishing the most correct
one; and being aware of confusion which sometimes occurs
between the text of a hadith and the explanation of the
compilers, are of utmost importance.
Second: His ability to understand the meaning of the text by
considering the general rules of speech, especially the style
used by the Imams of Ahlul Bayt (a.s.) in describing the laws.
The science of 'usûlu 'l-fiqh (Principles of Jurisprudence),
Arabic grammar and literature, as well as familiarity with the
views of the Sunni jurists who were contemporaries of the
```

## PDF PAGE 53

```text
..……………………………………………… ٣٥A Code of Practice For Muslims in the West
Imams play an important role in the understanding of the
hadith texts.
Third: Soundness of his view in deriving the rules from the
sources. And the method of getting acquainted with those in
whom the status of a'lam is confined to having scholarly
discussions with them or to referring to their books or to the
transcripts of their lectures on Jurisprudence and the Principles
of Jurisprudence.
If a person cannot know the ahlul khibra by himself, he can
come to know them through the religious scholars and others
whom he trusts. The geographical distance should not be a
barrier to establishing communication with them in this era
where many fast means of communication are easily available.
Question: Sometimes the heart feels at ease in regard to a
particular mujtahid. Is this feeling sufficient to do his taqlid if
the ahlul khibra have difference of opinion in determining the
a'lam?
Answer: If the ahlul khibra have difference of opinion in
determining the a'lam, one must follow the view of those who
are more qualified and capable among the ahlul khibra. This is
the norm in dealing with all cases where the experts have
difference of opinion.
Question: If the ahlul khibra have difference of opinion in
determining the a'lam mujtahid or just say that following any
one from the given number of mujtahids is sufficient, can a
```

## PDF PAGE 54

```text
..……………………………………………… ٤٥A Code of Practice For Muslims in the West
person apply the fatwa of one mujtahid in one issue and
another mujtahid in another until it becomes clear for him who
is the a'lam?
Answer: This question has three parts:
First: That some ahlul khibra announce that "it is sufficient to
follow one specific mujtahid or of a group of mujtahids." This
has no religious value at all.
Second: That the ahlul khibra announce that two or more
mujtahids are equal in knowledge and piety (in the sense of
being careful in deriving the laws [from their sources]), then a
lay person has the option of acting according to the views of
any one of the mujtahids in all the issues.
However, as a matter of precaution (ihtiyat) in some issues, if
possible, one could act in such a manner as to fulfill the
requirements of both views; for example, in the case of praying
concessionary qasr and full (tamam) prayers. [That is, praying
the same prayer in qasr as well as in tamam forms.]
Third: That some ahlul khibra announce that mujtahid 'a' is the
a'lam whereas others among the ahlul khibra announce that
mujtahid 'b' is the a'lam. This can have two situations:
A person knows that one of the two mujtahids is the a'lam but
he does not know which one specifically. This is a very
unusual situation and it has been discussed in detail in Minhaju
's-Saliheen, question No.  .٩
```

## PDF PAGE 55

```text
..……………………………………………… ٥٥A Code of Practice For Muslims in the West
A person does not know which of the two is the a'lam in the
sense that he thinks both are equal in knowledge. This refers
back to the second of the three parts mentioned above,
provided that the person is unable to identify the more
Godfearing of the two mujtahids. If he is able to identify the
more Godfearing of the two mujtahdis, he must follow the
fatwa of that mujtahid.
Question: If a person does not know the view of his marja', in
a certain problem, is it necessary for him to find out about it
even if it involves expensive telephone calls? Or is it sufficient
to act on the known view of any other mujtahid until he finds
out the view of his own marja'? And in such a case what will
be the verdict on the past acts [done according to the view of
the other mujtahid] if it differs from the view of his own
marja'?
Answer: It is necessary for him to find out the view of his
a'lam marja' even through telephone contact as long as it does
not cause him harm [physically or financially]. If it is not
possible for him to find out the view [of his own marja'], it is
permissible for him to refer in that particular case to the other
mujtahids, taking into account the hierarchy of the al-a'lam and
the next a'lam in line. The deeds performed according to the
view of the second mujtahid would be valid even if the
worshipper later on finds out that it was not in accordance with
the view of his own marja'.
```

## PDF PAGE 56

```text
..……………………………………………… ٦٥A Code of Practice For Muslims in the West
Introduction
A Muslim tries to maintain the ritual purity of his body, clothes
and everyday commodities by avoiding contact with impure
things because such contacts would render the other items
impure and would, therefore necessitate the process of
purification.
Residing in a non-Muslim country makes the process of
maintaining purity difficult for some Muslims as they deal with
its non-Muslim citizens in various situations of their day-to-
day life: in restaurants, cafes, barber's shops, laundrettes, and,
in public baths and utilities, etc. Therefore, it is appropriate for
me to clarify for the respected readers the religious rules
concerning taharat (ritual purity) and najasat (ritual impurity).
```

## PDF PAGE 57

```text
..……………………………………………… ٧٥A Code of Practice For Muslims in the West
Questions and Answers
The mujtahids say that salat cannot be skipped under any
circumstances. It means that it is not to be omitted whether one
is travelling or at home; even if the time is running out, it is
obligatory upon the Muslim, for example a traveller, to say his
salat in a plane, ship, car, or a train whether stationary or
moving; it could be performed any where: in the waiting room,
in a public park, on the side of a road, or at the work-place, etc.
When it is not possible for the traveller to say the salat in a
plane or a car or a train in a standing position, he should say it
while he is seated.
If it is not possible for him to find the direction of the qiblah,
he should face the direction that he most probably thinks to be
the qiblah; if he is unable to prefer one direction to the other,
he should pray in whatever direction he is facing. If it is not
possible to face the qiblah except for takbiratul ihram (the
opening "Allahu akbar"), he should at the least say the takbir
facing the direction of qiblah. (See the question-answer section
below.)
It is permissible to ask the airhostess about the direction of the
qiblah so that she may ask the pilot about it. If you have
confidence in their information, you can rely on it even if they
are non-Muslims.
Similarly, it is permissible to rely on scientific instruments for
```

## PDF PAGE 58

```text
..……………………………………………… ٨٥A Code of Practice For Muslims in the West
determining the direction of the qiblah, for example the
compass, if a Muslim is convinced about its correctness.
If a Muslim cannot do wudhu (minor ritual ablution) for the
salat, then he should do tayammum instead.
The length of day and night differs from place to place. If the
day and the night are clearly known by the rising of the sun and
its setting, the Muslim should rely on the rising and the setting
of the sun for determining the times for salat and fasting. This
is so even if that means that the prayers have to be said more
frequently shorter days or that fasting becomes lengthier
shorter nights.
In some places the sun does not set or does not rise at all for a
number of days or months. As a matter of precaution Muslims
should rely on the timings of the closest city that has night and
day in a twenty-four hour period. Thus, they will, pray five
salats according to the times of that closest city with the
intention of qurbat in general [i.e., without saying ada (prayer
on time) or qadha (prayer outside its time)].
If it is not possible for a Muslim to determine the beginning of
true dawn (fajr) or the midday or sunset for his prayers and
fasting, and he has faith in the timings given by the
observatories, he can rely on the same, even if the scientists
running the observatories are non-Muslims-as long as you have
faith in their determining true dawn or noon or sunset times.
```

## PDF PAGE 59

```text
..……………………………………………… ٩٥A Code of Practice For Muslims in the West
For a traveller, it is obligatory to say salat in qasr form; that is,
he will recite the noon, afternoon and night prayers only two
cycles (rak'at) [instead of the normal four rak'at] provided he
travels for forty-four kilometers or more (in both ways),
starting from the last houses of his city in normal cases.  )١( ١
There are detailed and specific rules in the Manual of Islamic
Laws explaining when to pray qasr and when not to pray qasr
while travelling. (For some rules, see the questions-answers at
the end of this section.)
Praying Friday salat with due attention to its required
conditions is preferable to praying the noon salat, and is
sufficient; that is, if a person says Friday prayer, he does not
have to say noon prayer.
Praying in congregation (jama'at) is preferable to praying
individually. Its preference is stronger in the dawn, sunset and
night prayers. A noble hadith says: "A salat [in congregation]
behind a learned scholar is like [praying] a thousand cycles;
and behind a Qurayshi is like [praying] a hundred cycles." As
the number of the worshippers increases, the preference [and
the reward] also increases.
" ١In normal cases" means other than the major metropolitan
cities where going from one end to another is considered
travelling.
```

## PDF PAGE 60

```text
..……………………………………………… ٠٦A Code of Practice For Muslims in the West
Introduction
The noble Prophet Muhammad (s.a.w.) gave an impressive
sermon welcoming the month of Ramadhan. He said:
“O people! The month of Allah with its blessings, mercy and
forgiveness has come upon you. It is the most preferred of all
the months with Allah; its days are the best of days, its nights
are the best of nights, and its hours are the best of hours. It is a
month in which you have been invited as guests of Allah and
have been placed among those honoured by Allah. Your
breathing in it is [like] an act of praising [Allah], your sleep an
act of worship; your good deeds are accepted, and your prayers
answered. Therefore, ask Allah with sincere intentions and
pure hearts to help you in fasting and recitating His Book
during this [month]. Indeed damned is he who is deprived of
Allah’s forgiveness during this august month.
“O people! The gates of Paradise are wide open during this
month; therefore, ask your Lord not to close them in your face
and the gates of Hell-Fire are locked; therefore, ask your Lord
not to open them for you. Satans are chained; therefore, ask
your Lord not to unfetter them upon you.
“O people! Whosoever among you improves his character
during this month, he shall have the pass [to cross] over the
Bridge (sirat) on the day when [people’s] feet shall slip.
Whosoever is lenient with his slaves during this month, Allah
will be lenient with him in the reckoning of his [deeds on the
```