Najafi Q&A: Theses and Dissertations

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In the name of Allah, First, it should be understood that anyone who has engaged in true ijtihad knows that specialization in Islamic jurisprudence is not reasonable according to scholarly standards. Second, if specialization is assumed, then the jurist who specializes in one area of fiqh would be ignorant and a muqallid (follower) in the remaining areas. The evidences that permit taqlid (emulation) do not apply to him, and in fact, the permissibility of a fragmented jurist (al-faqih al-mutajazzi’) acting upon his own fatwa is a matter of scholarly debate. Allah knows best.

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In the name of Allah, the sharia does not allow the wife to beat the husband. Yes, she is like the rest of the believers in that she must committed to the obligation of enjoining good and forbidding evil. As for her task towards her children, it is to be under raising and enjoining good and forbidding evil only and must not exceed the necessary limitation. Allah knows best.

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In the name of Allah, the ruling varies as per the situation. All of this is under enjoining good and forbidding evil on the husband's side towards his wife or mahram woman. One must commit to the principles of these two obligations (enjoining good and forbidding evil) to reform the community. Allah is the Guide.

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In the name of Allah, the case, with witnesses and evidence, must be presented to the Sharia ruler, who is responsible for the diagnosis and issuance of a ruling whether a person is guilty or innocent because the standards vary as per the situations. Allah is the Guide.

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In the name of Allah, it should not go beyond the boundaries of raising, reforming, enjoining good and forbidding evil. Only then are the principles of these two blessed obligations (enjoining good and forbidding evil) applied. Allah is the Guide.

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In the name of Allah, I hope that the responsible authorities give the required kindness and tenderness to the patient, as he needs kindness more than his need for drug treatment. Psychological integrity prevents the severity of the disease and even helps the success of treatment by drugs and other kind. Allah knows best.

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In the name of Allah, if the treatment is only done by them, it is not only permissible but obligatory. Allah knows best.

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In the name of Allah, expert doctors are to be consulted in this to follow their opinion. Allah knows best.

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In the name of Allah, if the treatment is limited to it according to the opinion of expert doctors, it is permissible to listen to required time of music only. Allah knows best.

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In the name of Allah, using such medications must be as per the opinion of an expert doctor. As for committing to the worshipping acts, he is to be committed to all the religious rulings in the event he is aware. If he misses a prayer because of fainting, he has to perform them as missed prayers and the same is applied to other religious obligations. Allah knows best.

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In the name of Allah, so long as he has a sound understanding, that is, he is able to do control his worshiping acts and able to differentiate between the deeds, then he is committed to all the religious rulings like any other normal person. Allah knows best.

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In the name of Allah, it is different. Dementia influences the dealings with others while conversing. So long as he can do the worshiping acts and avoid forbidden acts, he is to abide by all the rulings. Allah knows best.

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In the name of Allah, if it is beyond his ability, then the ruling is that of the over doubtful otherwise he must strive hard to control the acts of worship, even with the help of others, where possible. Allah knows best.

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In the name of Allah, as long as he maintains the ability of perception and awareness even if below the ability of the normal human, then all the religious rulings are applied to him otherwise, the rulings are not applied. Allah knows best.

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In the name of Allah, the situation varies according to different people. If he has lots his awareness, then the commitment is removed from him, and if he is aware, then he is judged by the level of his awareness. Allah knows best.

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In the name of Allah, if he is able to understand like a normal person, the rulings of a sound person are applied to him. Regarding addiction, he should follow the instruction of a specialized expert doctor. Allah knows best.

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In the name of Allah, the rulings of the insane, the one who lost his , are applied to him. Allah knows best.

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In the name of Allah, if he maintains the ability of perception and awareness even if below the ability of the normal human, then all the rulings are applied to him. However, if he is inclined to insanity, the rulings of insanity is applied to him. Allah knows best.

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In the name of Allah, it is not permissible to perform such operations, and whoever does so will remain subject to the rulings of the sex prior to the operation. Allah knows best.

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In the name of Allah, as long as he maintains awareness and the ability to perceive, then the rulings of a normal, sound person will apply to him in all those who I referred to and those to whom you did not refer as well. Allah knows best.

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In the name of Allah, there is no doubt that he is responsible for his deeds like a normal person. Allah knows best.

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In the name of Allah, if he loses consciousness and awareness during epilepsy, then he is in a coma, and if he loses his mind only, then he is insane. Allah knows best.

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In the name of Allah, if schizophrenia is on the level of insanity, then the rulings of insanity are applied otherwise the insanity rulings are not applied. Allah knows best.

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In the name of Allah, 1. Betrayal has two senses: one is the linguistic sense which means to stop preserving what should be preserved. This sense is also applicable to those who stop preserving their religion as well as when the wife stops obeying her husband in all the matters that she should obey her husband with, even going out of the house without the husband’s permission. The second sense of betrayal is the conventional which means any sexual intention by other than the husband such as speaking, looking and more. Allah is the All Guide. 2. The answer is mentioned within the previous one. Allah is the all Guide. 3. Fornication, in its precise meaning, is to put the man’s penis in the woman’s vagina or anus without legitimate marriage. It is further proved in the religion that fornication can refer to forbidden looking, touching and chatting. However, what is meant here is to show how great this crime is. The rules of fornication are not all included in the Section of Limits/ Fornication Rulings. Allah is the all Guide.