Q93: Civil divorce between a man and
a woman is finalized according to Western laws, but the man refuses
to grant shar'i divorce or provide maintenance
to his wife, and refuses to accept shar'i mediation.
What is the position of the wife knowing that her patience in
this situation is absolutely a cause of hardship?
A: Her case should be taken to al-hakim
al-shar'i or his representative who would advise the
husband to abide by one of the two options -- either he
provide maintenance or implement the shar'i divorce
-- even if it is through a representative other than himself.
If he refuses both options and it is not possible to provide
maintenance for her from his property, then the hakim or
his representative can divorce her. (MMS, p. 26, Q47)
Q94: Is it permissible to have a sexual
relationship without a shar'i contract with
women who are unbelievers from People of the Book, or without
a religion, knowing that the government and state of their country
are in a state of war with the Muslims, either directly or indirectly?
A: That is not permissible. (MMS, pp.
26-27, Q48)
Masturbation
Q95: You mentioned in a previous dialogue
that masturbation is forbidden. Are the male and female alike
in this ruling?
A: Yes. As it is forbidden for the man
to titillate his genitalia until he ejaculates, so too it is not
permissible for the woman to titillate her genitalia to orgasm.
(FM, p. 431)
Q96: Certain illnesses require that
the doctor may request the patient's semen for examination,
and discharging it by the shar'i way is
difficult because it must be discharged in the presence of the
doctor.
A: If the patient is in dire need to do
so, then he is allowed. (FM, pp. 431-32)
Q97: If a person desires to test his ability to have children and the doctor asks him to discharge the semen to examine it.
A: As long as he is not obliged to do
that, it is not permissible for him to masturbate. (FM, p. 432)
Q98: A man cannot impregnate [sterile]
and asks the doctor to determine the reason for his sterility
through an examination of his sperm. The emission (of such semen)
is obtained by the use of an instrument attached to his genitals
and, by its movements, causes a discharge. Is this to be considered
as masturbation and thus forbidden, or is it allowed for the purpose
of the examination? And does it matter whether the patient is
in difficulty or is acting out of necessity?
A: Yes, it is considered as masturbation.
It is not allowed unless the examination requires it. It is
equally so for reliance upon that except under the previous two
situations [difficulty and necessity], assuming, as does your
question that some definitive result can be determined from it.
God knows best. (MMS, p. 14, Q11)
Sexual Fantasy
Q99: Thinking intentionally about women
other than one's wife with an image in mind of having sexual
intercourse, if the penis becomes erect without discharge of semen.
A: It is not prohibited if it does not
lead to a forbidden act. (FM, p. 431)
Looking at non-mahram
Women
Q100: These days women go out on public
streets while some parts of their body that should be covered
are exposed. Is it permissible to look at them without lust and
sexual pleasure?
A: Yes, this is permissible if they do
not desist from exposing themselves if asked to do so. (FM, p.
430)
Mixed Swimming Pools
Q101: Is a Muslim permitted to go to
mixed swimming pools [men and women] without a suspicious motive,
especially when they (women) remove the dress of modesty from
themselves and would not desist if asked to do so?
A: Although looking without a suspicious
motive and lust at those who are scantily dressed and would not
desist if asked to do so is permissible, presence in these places
of moral depravity is absolutely not permissible based on precaution.
(MMS, p. 25, Q45)
Statues, Portraits and Films
Q102: Is it permissible to make a statue
in the shape of a human being or an animal?
A: [No, it is not permissible]. (FM,
p. 410)
Q103: What about drawing of human or
animal portraits that are not three-dimensional?
A: It is permissible. (FM, p. 410)
Q104: What about buying and selling
statues of human beings and animals, and displaying them for decoration?
A: It is permissible as well. (FM, p.
410)
Q105: Some students of the faculty
of fine arts study sculpturing and similar things relating to
corporeal objects of creation that possess souls. If they refuse
to participate in making them, then they will be prevented from
passing and graduating from the faculty. Is it permissible for
them to do that?
A: Being denied success if they abandon
it (i.e. refuse to participate in this activity) is not an appropriate
justification for committing this act [which is forbidden by shari'ah].
(FM, p. 434)
Q106: Stuffing animals and placing
them in the reception area or the living room for the purpose
of decoration.
A: It is permissible (FM, p. 412)
Q107: Is it permissible to hang portraits
of the Prophet (S), and Imams (a.s.) in the house? Is it correct
to believe that they are their (a.s.) pictures?
A: It is permissible to hang them. But
to believe that they (portraits) are in accordance with them (a.s.)
is certainly a wrong belief. (FM, p. 418)
Q108: Some directors release historical
films about the Prophet (S) or the Imams (a.s.). Is it permissible
to represent the noble Prophet (S) before the people in his role
as the Prophet (S), or to represent the Imam (a.s.) in his role
as the Imam (a.s.)? If the answer is in the affirmative, is it
necessary for the one representing them to be a believer (mu'min)?
A: It is permissible to represent them
(a.s.) provided that it does not impugn their noble station and
sacred personalities -- be it in the future -- in
the eyes of the people. It is quite likely that the attributes
and characteristics of the one playing the role will have some
influence in this. (FM, pp. 418-19)
Hijab
Q109: Giving a film, to a non-mahram
man for developing and printing, that contains pictures of women
who observe hijab but are unveiled (in the photos).
A: This is permissible if the one who
will develop and print the pictures does not know the women pictured
in the film, and such pictures are not suggestive or will not
cause any attraction. (FM, p. 420)
Q110: Is she allowed to have a picture
of herself taken without the hijab to place on
a passport, for example?
A: If she is forced to place the uncovered
picture on her passport or other official documents, then it is
permissible. But, the one who takes her picture must be her husband
or her mahram. However, should the need arise, it is permissible
for her to have the picture taken by a non-mahram photographer.
(FM, p. 420)
Q111: How about a woman who comes out
in public and the upper part of her feet are exposed to the sight
of non-mahram?
A: This is not permissible for her. (FM,
p. 430)
Q112: Some husbands who are not religiously
committed demand that their wives neglect prayers, remove the
hijab, serve alcoholic beverages to guests, participate
in gambling games, shake hands with guests, etc., forcing them
(wives) to do it if they refuse. Is it permissible for the wife
to leave his house in order to preserve her shar'i
obligatory duties?
A: Yes, it is permissible for the wife
to leave his house at that time to the extent required by the
circumstances, and in spite of that, she is entitled to full maintenance.
(FM, p. 427)
Q113: A woman faithfully observes the
hijab but her husband prevents her from this
and gives her a choice between abandoning the hijab and
divorce.
A: It is not permissible for her to abandon
her hijab even if the matter ends in divorce. (FM, pp.
427-28)
Q114: But divorce would entail for
some of them (women) great difficulty, distress and hardship.
A: She should endure the difficulty and
hardship, and recollect His saying, the Exalted: "...and
whoever is careful of (his duty to) Allah, He will make for him
an outlet, and give him sustenance from whence he thinks not..."
(Qur'an, 65:2-3). (FM, p. 428)
Beard
Q115: Some men shave their beard and
leave some hair on the chin alone. Is this sufficient by the
shari'ah?
A: [It is not sufficient]. (FM, p. 434)
Cosmetics
Q116: It is normal these days for a
woman to put on mascara and make-up, wear rings, necklaces and
bracelets for beauty and then go out in front of people in the
markets and streets.
A: This is not permissible for her except
for mascara and rings provided that she is safe from falling into
forbidden activities and does not intend by it to excite non-mahram
men. (FM, p. 430)
Q117: Is it permissible for a woman
to go out of her house for some errands perfumed, with the fragrance
of her perfume reaching non-mahram men?
A: She ought not do that. It is not permissible
if it tempts a non-mahram man or normally causes him excitement.
(FM, p. 439)
Miscellaneous Rulings Pertaining
to Women
Q118: Is it permissible for a woman
to learn to drive a car with a non-mahram man,
which necessitates being alone with him and going with him to
places appropriate for practice, when these places are normally
free from traffic?
A: This is permissible for her provided
that she is safe from falling into a forbidden activity. (FM,
pp. 419-20)
Q119: Is it permissible for a woman
to look at the parts of the body of another woman between the
waist and knees with the exception of the anterior and the posterior?
A: Yes this is permissible for her if
there is no physical excitement. (FM, p. 428)
Q120: Embracing and kissing of women
among themselves at airports, on public streets, in parks and
at markets.
A: Embracing and kissing of women among
themselves is permissible provided that it does not lead to a
forbidden act. (FM, p. 430)
Q121: Does all fluid which issues
forth from a woman during the state of passion or sexual arousal
require performance of ghusl for her? Or are there distinguishing
characteristics for it as some ulama have indicated? Does
her ghusl exempt her from performing wudu'?
A: It is obligatory for her to perform
ghusl when the fluid is discharged in a state of passion
without regard to other characteristics -- like languor
-- and it exempts her from wudu'. God knows
best. (MMS, p. 20, Q27)
Q122: Is it permissible for a Muslim
woman to display her hair in front of a non-Muslim woman?
A: That is permissible, but it is discouraged
(makruh) if it is highly probable that she (non-Muslim)
will describe the beauty of the Muslim woman to her husband.
(MMS, p. 35, Q71)
Q123: Following the death of a beloved, women wear black as a sign of grief and beat their faces, chests, etc. Is that permissible?
A: Yes, that is permissible. (FM, p.
439)