skills/sistani-guidance/references/books/west/pages-265-276.md

# A Code of Practice for Muslims in the West

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Previous block: [pages 253 to 264](pages-253-264.md).

Next block: [pages 277 to 288](pages-277-288.md).

## PDF PAGE 265

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..……………………………………………… ٥٦٢A Code of Practice For Muslims in the West
Answer: If it falls within the category of al-ghina’ as
explained earlier, it is not allowed.
Question: Musical instruments are of different kinds.
Sometimes they are used in musical gatherings and sometimes
for soothing the soul. Is it then permissible to buy these
instruments, manufacture them, deal in them, or play them to
soothe the soul or listen to the ir sounds when someone else is
playing them?
Answer: It is not permissible to deal in the instruments of
haram entertainment: neither selling nor buying, just as it is not
permissible to manufacture them and accept remuneration for
making them.
“An instrument of haram entertainment” means that its
physical shape—that gives its value and eventually the purpose
for acquiring it— is not suitable except for use in haram
entertainment.
Question: Is it permissible to manufacture, sell, or buy musical
instruments that are made for children’s play? And is it
permissible for adults to use them?
Answer: If the music that is suitable for entertainment and
amusement gatherings comes out of it, then it is neither
permissible to deal in, nor are adults allowed to use them.
Question: In government schools of the United Kingdom and
may be some other countries also, students have to take part in
dance classes to the sound of special musical tunes that
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## PDF PAGE 266

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synchronize the movements of the students while they are
dancing.
Is it permissible to attend such classes?
Is it obligatory on the parents to prevent their children from
attending such classes if the young boy or girl is inclined
towards attending them?
Answer: It is not permitted, if it has any negative effect —
which is quite common— on their religious upbringing.
Rather, it is not permitted at all, as a matter of obligatory
precaution.
Yes, it is obligatory. Also please refer to the answer to question
no.  ٣٦٥below.
Question: Is it permissible to learn dancing?
Answer: It is not allowed at all, as a matter of obligatory
precaution.
Question: Is it permissible to organize dance parties where
each husband dances only with his own wife to the sound of
soothing musical tunes, wearing dresses that are not indecent?
Answer: It is not allowed.
```

## PDF PAGE 267

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Question: Is it permissible for women to dance in front of
other women or for men to dance in front of other men in a
gender-wise segregated gathering with or without music?
Answer: Dancing of women in front of women or dancing of
men in front of men is problematic, as a matter of obligatory
precaution, one must refrain from it. The rules governing music
have already been discussed earlier.
Question: Is it permissible for a wife to dance for her husband
with music or without music?
Answer: It is allowed as long as dancing is not accompanied
with haram music.
Question: Some schools in the West make it obligatory that
their male and female students learn dancing. This dancing is
neither accompanied by the common song, nor is it for
entertainment; it is part of the educational curriculum. So, is it
haram for the parents to allow their sons and daughters to
attend such classes?
Answer: Yes, if it contravenes the religious upbringing. Rather
it is, based on obligatory precaution, forbidden absolutely, if
the student has reached the age of maturity — except if he has
a valid reason for approving of it; for example, if he follows a
mujtahid who allows it. In the latter case, nothing prevents him
from allowing his child to take part in [such activity].
```

## PDF PAGE 268

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Introduction
The respected reader will find in this chapter some laws,
questions and answers related to a variety of important issues
that could not easily be classified under one or the other of
the previous chapters, hence the "Miscellaneous" title.
```

## PDF PAGE 269

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General Rules
It is recommended to give children names that reflect
servitude towards Almighty Allah [for example, ‘Abdullah;
‘Abdur Rahman; ‘Abdur Rahim] just as it is recommended to
name them by the name of the Prophet Muhammad (s.a.w.),
and the other Prophets and Messengers (a.s.). It is
recommended to name the children as ‘Ali, Hasan, Husayn,
Ja‘far, Talib, Hamza, and Fatima.
It is disliked to give them names of the enemies of Islam and
Ahlul Bayt (a.s.).
The custody, upbringing, and care of the child whether male or
female for the first two hijri [lunar] years is the right of both
parents equally. Therefore, it is not permissible for the father to
separate the child from its mother during these two years.
When these two years come to an end, the right of custody is
the father’s alone. However, based on precaution, it is
recommended that the father should not separate the child from
its mother until he or she reaches the age of seven.
If the parents separate because of divorce before the child —
whether male or female— reaches the age of two (by hijri
account), the mother does not lose the right of custody of the
child as long as she does not marry another man. Therefore, it
is necessary for both parents to agree on exercising their
```

## PDF PAGE 270

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common right in custody by alternating [the right] or by any
other method on which both agree.
If the mother marries after separating from the father, she
forfeits her right of custody, and the custody will be the
exclusive right of the father.
The term of custody ends when the child reaches the age of
mental maturity. When the child reaches mental maturity, no
one has the right of custody over him or her, not even the
parents let alone others. The child, then becomes independent
in his affairs; and so he can choose to join either of the two
parents or anyone besides them. However, if his separation
from both of them causes distress to them out of their concern
for him or her, it is not permissible for the child to disobey
them in that matter. If the father and the mother differ [in the
case of distress], the priority is given to the mother.
When the father dies, the mother has greater right of custody
than anyone else until the child reaches the age of maturity.
When the mother dies during the term of her custody, the
father gets the exclusive custody.
Just as custody is a right of the father and the mother, it is also
the right of the child, in the sense that if they refuse to take the
custody [and fulfill their duties towards him], they can be
forced to comply.
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## PDF PAGE 271

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If both parents disappear, the right of custody belongs to the
paternal grandfather.
Whoever from the two parents or others have the right of
custody is allowed to delegate it to a third party, ensuring that
they would fulfill their responsibility as required by Islamic
Law.
The person —parents or others— who shall have the custody
of the child, must be Muslim, sane, and trustworthy to ensure
the safety of the child. So, if the father is a non-Muslim and the
mother is a Muslim, the child is considered as a Muslim and
the mother shall have the sole custody of the child. Similarly, if
the father is a Muslim while the mother is a non-Muslim, the
father shall have the right of custody.
It is obligatory on the son to provide for the parents.
It is obligatory on the father to provide for the child, male as
well as female.
The obligation of providing for a person who is closely related
to you is conditional on him being poor, in the sense that he
does not have the basic necessities of life like bread, food,
clothing, bedding, comforter, shelter, etc.
In Islamic law, there is no fixed amount for providing to those
who are closely related to you. What is obligatory is to provide
whatever is needed to sustain them, i.e. bread, food, clothing,
```

## PDF PAGE 272

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..……………………………………………… ٢٧٢A Code of Practice For Muslims in the West
shelter, and other things in line with his status as well as the
standard of living for that place and time.
If a person who is obliged to provide for the needs of his close
relation refuses to provide [e.g., a husband refuses to provide
for his wife], it is permissible for the one who has the right to
force him to do so, even by resorting to the courts.
If it is not possible to force him to provide maintenance and he
has some wealth [that is easily accessible], the person who has
the right can take the rightful amount from it after seeking the
permission of the mujtahid.
[And if the wealth of that person who must provide
maintenance is not easily accessible], the person who has the
right can take out a loan in the name of the first person with the
permission of the mujtahid. In this case, that first person will
become liable to pay the loan back. If it is not possible to have
recourse to the mujtahid, he should resort to some just [morally
upright] believers and take out a loan in the name of the first
person who shall then be obliged to repay it.
If the protection of the faith and its sacred laws as well as the
honour of Muslims and their lands depend on providing for a
person or persons from the wealth of Muslims, it is obligatory
to do so. In this case, the Muslim who provides will have no
right to ask anyone for compensation of what he has spent in
this cause.
```

## PDF PAGE 273

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..……………………………………………… ٣٧٢A Code of Practice For Muslims in the West
Question and Answers
Question: Is it permissible to draw or produce a scene which
shows the Prophet Muhammad (s.a.w.), one of the past
prophets or the infallible Imams (a.s.), or other luminaries and
show it in cinema, on television or theatre?
Answer: If due deference and respect is observed, and the
scene does not contain anything that would detract from their
holy pictures in the minds [of the viewers], there is no problem.
Question: Is it permissible to give away as gift, copies of the
Holy Qur’an, prayer books, and amulets to non-Muslims?
Answer: There is no problem in it, if such is not exposed to
desecration and insult, and they are shown the requisite respect.
Question: How could one go about dispensing with papers
carrying the names of Allah or the Infallibles, as well as some
loose pages of the Qur’an, when it is not possible for us to
throw them in the sea or the river? That said, we do not know
where would the garbage end up and what is done with it?
Answer: It is not permissible to put them in rubbish bins
because that involves desecration and disrespect. However
there is no problem in erasing the writings on the papers even
by using some chemicals burying them in a clean place, or
shredding them so that they turn into dust.
```

## PDF PAGE 274

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..……………………………………………… ٤٧٢A Code of Practice For Muslims in the West
Question: Has istikhara any basis in the shari‘a? Is there a
problem in repeating the istikhara [for the same intention] by
paying alms [before it] in order to get a guidance that is to
one’s liking?
Answer: One may resort to istikhara (albeit with the intention
of raja’an) in situations where he is confused and cannot prefer
one side [of the issue] to the other, after having pondered over
it and having consulted [those who know about it]. Repeating
the istikhara is not right, unless it is for a different issue.
Question: What is the limit that you have allowed your agents
and representatives (wukala’) to utilize for their personal use
from the religious dues that they collect [from the people]?
Answer: In our ijazas (authorizations for apportioning the
religious dues), we have mentioned that the authorized person
is allowed to utilize, for example, one-third or half of whatever
he collects of religious dues for the purposes that have been
defined by the shari‘a. This does not mean that the percentage
mentioned [in the ijaza] is especially for the use of the
authorized person himself, because it could happen at times
that the use of that due would not apply to him at all — for
example, if he is a sayyid while the religious dues that he has
collected are from the charity of non-sayyid or other charities
like it.
In the light of this, if the authorized person considers himself
—in keeping with Allah as the witness in this matter— eligible
for the religious dues in accordance with the conditions
```

## PDF PAGE 275

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mentioned in the Manual of Islamic Laws —for example, if he
is needy in the religious definition and is among those who
deserve the right of zakat or sihm-e sadat or radd madhalim
etc— he is allowed to take from it according to his need and
proportionate to his status and not more than that.
Similarly, if he is providing general religious services and
strives for upholding the word of Islam, he deserves the sihm-e
Imam (a.s.) according to the level of his work and the service
that he does for Islam.
But, if he is not spending the religious due that he has
collected, he must utilize the percentage mentioned [in the
ijaza] in its appropriate causes as defined by the shari‘a.
Question: If a person has doubts about the integrity of a
representative of the marja‘ as a result of alleged
misappropriation of religious dues;
Is he allowed to talk about it to other people, even if he is not
certain about the truth of the allegations levelled against the
representative? What if he is certain about them?
Is he allowed to still pay his religious dues to that
representative as long as he is uncertain about his not being
trustworthy?
Answer: It is not permissible for him [to talk to the others
about it] in both situations. In the second case [of certainty], he
can inform the marja‘ directly in complete confidence about
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## PDF PAGE 276

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..……………………………………………… ٦٧٢A Code of Practice For Muslims in the West
the real situation so that the marja‘ may take whatever action
he deems appropriate.
He should rather pay his religious dues to a representative who
is known for his integrity and honesty in acting according to
his ijaza, i.e. in using some portion of what he has collected of
it in their appropriate causes as mentioned earlier and sending
the rest to the marja‘.
Question: Is it permissible to use the sihm-e Imam (a.s.)
without seeking the permission of the marja‘ if a person can
ascertain the need of any kind for its use with which the Imam
(a.s.) would be pleased?
Answer: It is not permissible; and one cannot attain the
approval of the Imam (a.s.) by using his portion of the khums
without seeking the permission of the most learned marja‘ —in
that it is possible that the marja‘’s permission is part of the
approval of the Imam (a.s.).
Question: Is it permissible to use the sihm-e Imam (a.s.) in
charitable projects while there are tens of thousands of
believers who are in need of bread, cloths, etc.?
Answer: In using the sihm-e Imam (a.s.), it is important to
consider the principle of priorities. It is a matter of obligatory
precaution, the determination of “most important vis-à-vis the
more important” should be left to the discretion of the most
learned jurist who is well informed about the general situation.
```