Questions on Jurisprudence
Abdul Husayn Sharaf al Din Al Musawi - XKP
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I was first introduced to the Masa'il Fiqhiyya when I was a student in Qumm, Iran. Sayyid 'Ali Asgher Milani, the grandson of the late Ayatullah Milani, gave me a copy of the book and urged me to translate it so as "...to let the world know the truth of the Twelver Shi'i practices."
When I read the book, I was impressed by the author's erudite and academic approach. Although he was dealing with very delicate and sensitive issues regarding Muslim liturgies, he approached them in a non-polemical, non-rhetorical and non-provocative manner. I was also impressed by his copious citations of his sources, in virtually every issue he dealt with.
Sayyid Sharaf al-Din attained the level of ijtihad (independent reasoning in legal issues) at the age of 32 in the year 1322 A.H.
the shari'a principles [of inheritance] applicable to the children, the fathers and the mothers are [also] applicable to the children, their fathers and mothers of a mut'a marriage. Similarly, the principles are applicable to pothers and sisters and their children and the maternal uncles and aunts and paternal uncles and aunts and their children (and the people of the wombs take preference over each other in the book of God) always. Yes, the marriage of mut'a in itself does not lead to
conjunctions] thumma and fa are more clear than it. As for the sunna, it is [according] to his saying in a famous authentic tradition: "The form of the ablution is the same whether it is for one of the five obligatory prayers or other obligatory or recommended acts." During his lifetime, the Prophet (S.A.W.) would be in a pure state by performing the ritual ablution properly. Anytime it poke, he would renew the wudu properly. Sometimes he would say: "It is light upon light." The umma has
covered the parts of his wudu, it is proper for him to pray with this wudu. [This applies] even if he had entered the water as a non-believer and converted when he came out of it since being a Muslim is not a condition in the validity of the wudu. Yes, they have seen intention to be necessary for the tayammum to be correct because the earth does not, by its nature, purify things. [The fact that] it is a purifying agent is due to ta`abudi (due to a pronouncement by the lawgiver) so it is
Ashhab amongst the companions of Malik. Al-Khattabi has reported it from al-Qaffal al-Shashi al-Kabir from the companions of al-Shafi`i, and from Ibn Ishaq al-Maruzi and from a group of hadith transmitters. Ibn al-Munzir has [also] chosen this opinion." Al-Nawawi [further] said: "This view is supported by the apparent [meaning] of Ibn `Abbas' saying: `He did not wish to burden his community', he was not afflicted by sickness or by anything else, and God knows this matter best." More than one of
Prophet of God (P), Abu Bakr, `Umar and `Uthman and I did not hear anyone of them recite `In the name of God most merciful, most beneficent.'" Similar to this is the hadith of Hamid al-Tawil also reported from Anas. He said: "I stood behind Abu Bakr, `Umar and `Uthman and not one of them would recite `In the name of God most merciful, most beneficent.'" The answer: You have read our arguments on what has been correctly reported from Anas. It contradicts these two reports, so examine what we