What Is The Command Regarding Contraception?

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Question: Does Islam permit Contraception?

Answer: In Islamic law there is great encouragement for procreation and increase in population. So much so that they Holy Prophet (S) says: Marry and procreate. Because on the basis of your huge numbers I am proud over other (Past) Communities. Even on the basis of your aborted children.

The aim of this topic is also clear because the power of a community mostly depends upon its numerical strength. Communities having less numbers are mostly weak and powerless.

It is correct that a country may be populated. Sometimes it may create problems regarding food and housing but in spite of that this same dense population becomes the cause of its strength and greatness.

This is the reason why the most powerful Communities of the world are those who have numerical strength. As for the food shortage it can be solved through scientific agriculture. Thus contraception is not a good thing in Islamic view. (Except when there are really social and training problems).

In spite of this Islam has not made it illegal and according to the decrees of most of Islamic scholars contraception is allowed if both partners agree. Some have even allowed it even if the wife does not agree. Actually Islam has left the avenue open for the Muslims so that if there is need for contraception (For example the woman is weak or there is some other problem) they can gain benefit from this action and avoid pregnancy.

Though we should remember that all this is permitted when the conception has not yet taken place. But conception has already taken place its abortion is absolutely haraam. That is after the conception. (Even if it is one day old.), abortion is not allowed.

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

Islamic View on Artificial Insemination

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Question: What is the Islamic view on Artificial Insemination? (Artificial Insemination means the insertion of sperm into the woman’s uterus through special means).

Answer: Many ancient examples of artificial insemination/pollination are available with regard to animals and plants. And many plants and animals are grafted to give fruits. But artificial insemination to human beings is absolutely new.

And the encouragement for this is some men who are not able to produce children due to some causes but the wives are fertile they opt for artificial insemination to make their wives pregnant. The sperm of the husband or of another man is inserted into the woman’s womb. In this way she becomes pregnant.

This matter has been debated by the lawmakers of the western world (England, France, Egypt and other countries.) The House of Commons (England) has decided that a committee of legal experts should be formed so that they may study this subject.

The medics of France have made this matter dependant on the agreement of the spouses and permitted this if both of them agree. In Italy the Pope has made it prohibited through a religious decree. And the Grand Mufti of Egypt has stated it to be worse than adoption which is prohibited in Islam.

Two kinds of Artificial Insemination

In the first kind the sperm of a man is inserted into his own wife. From the viewpoint of proofs of jurisprudence there is not problem in this artificial insemination because on both sides the two people are legal and religious spouses. The husband and wife have the right to become parents. It does not make any difference that this procedure is through sexual intercourse or medical means.

Although at the time of artificial insemination it must be ensured that during this some illegal action is not committed. For example, another man must not perform this; rather the husband must do it.

The next type of artificial insemination is that a stranger’s sperm is inserted into the wombs of someone else’s wife. This kind of artificial insemination in the view of Islam (which has based marriage on precaution, carefulness, accuracy and piety) is absolutely illegal and the same is view of the great jurists of Islam and from some traditions regarding marriage we can know that it is prohibited.

In addition to this from the ethical, social and psychological points of view this is absolutely illegal and prohibited. And it has three main defects as described. Below:

1. From the ethical point of view it encourages promiscuity in women and slowly it attracts her to illegal liaisons. She tends to think that what difference does it make because the sperm of a stranger is inserted into her womb or this is carried out through illegal intercourse.

After this procedure (even if this had the husband’s sanction) this woman most of the time attempts illegal liaisons. Because in doing thus she has no fear from the husband. And if she becomes pregnant she can easily transfer the responsibility to artificial insemination which has been carried out with the permission of the husband.

2. From the social point of view this shakes the foundation of the family and it causes the destruction of family system and genealogy. As we know one of the evils of illegal relationship is enmity among the people and the severing of relation between children and the father. And this is seen as an unavailable effect of artificial insemination. As a result when the child grows up he does not know who the real father is.

3. The training and rearing of children and arranging of the necessities of their life natural emotions play a very important role and we must never be careless of this because it is the natural emotion which prepares the father to provide the necessities of life for his children, this human emotion is created only when he considers the child a past of himself. But if he knows that the child is the issue of someone else, there remains no reason why he should fulfill the needs of the child.

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

Is It Allowed To Give Physical Punishment For Women?

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Question: Is it true Qur’an has allowed punishing a woman physically if she does not fulfill conjugal rights?

Answer: There is no doubt that for social security woman Islam has performed many important services. And it has a great right upon them. So much so that western scholars or Orientalists who do not have any favorable opinion about Islam, for example Crame Brenton, John Christopher and Robert Lee Wolfe have written in their books and clearly confessed that the Islamic movement has played an effective role in reforming the conditions of woman and the Holy Qur’an has also laid down emphatic laws in this regard. Whose two examples are the following two ayats:

Firstly,

… and treat them kindly…1

Secondly,

…they are an apparel for you and you are an apparel for them;2

In the sayings of the leaders of Islam so much emphasis is laid on kindness to women that it is said that you must not even speak to them in nasty manner.

In the same way the women are also made responsible that they must deal with husbands with utmost love and in good natured way.

As far as a light physical punishment for woman who are not prepared to fulfill the conjugal right. Regarding this it is the clear command of Holy Qur’an that the husband should first rebuke and advise her, then he must sleep away from her and suspend physical relations with.

Till the time if none of these actions are effective in this condition he can give the woman a light physical punishment. And it is obvious that this step is purely in special cases and actually it is like an operation of a sick person.

That it is needed under special circumstances. Till the time the husband also refrains from fulfilling conjugal rights and there is no other method to compel him except through physical force. Then Islamic government has the right to give him physical punishment.

This point is also worth remembering that according to the view of psychologists some women always like to hurt and sometimes due to some cause it becomes intense and shown in psychological disorder. In such cases a light physical punishment cures their sickness.
It must also be remembered that the punishment mentioned should not be such that the body is injured or bruised.

  • 1. Surah Nisa 4:19
  • 2. Surah Baqarah 2:187

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

What Is Lying For A Hidden Wisdom?

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Question: What is the command in Islam for lying for hidden wisdom? And did the Prophets and great leaders lie in this manner?

Answer: Falsehood in itself is a very evil deed. And it is the root of most of our present difficulties and problems. Some of the sayings of the Holy Imams (a.s.) that have reached us mention that lying is the key to all sins.

But in spite of this in some special circumstances it is possible that if one speaks the truth there would be a great mischief and discord. If he does not state the truth the fire of mischief cools down.

For example when there is serious enmity between two and each of them speaks ill of the other in his absence we are also listening and we know that the questions we are being asked, if we give the truthful replies of the same and reveal the ill speaking of that person the fire of mischief and discord will flame up and it is possible that as a result of this there is a great loss.

Then obviously in such circumstances it would be wrong to speak the truth. And no intelligent person can say that in those conditions also we must speak the truth. It is an understood rational law that when the loss of something is greater than its benefit, we must refrain from it.

The Islamic rules also support this command and in such exceptional circumstances it allows lying.

However, two important points must be kept in mind here. First of all this topic has very exceptional aspects. And except for the above stated conditions lying is not permitted and it must not be that some people take the excuse of lying for hidden wisdom, without any sufficient cause or for personal gains resort to lying and thus commit this illegal act. And say that it was some hidden wisdom.

Secondly, Islam gives such great importance to the subject of lying that in such a condition when it is really necessary that one could lie, it has commanded Toriya. And this decree is well known among our jurisprudents and scholars.

Toriya means that when circumstances demand instead of lying we say a sentence which the listener can interpret in his way. While the aim of the speaker is something else. For example if someone asks us that such and such person has spoken such evil about me and we reply in the negative while we actually imply that he has not said in those words, even though he has said the same things in other words. Even though the hearer may imagine that the other person has not said anything.

And if the religion leaders in needful circumstances that is for saving life and property of people and controversies that are created between them and for prevention of mischief and discord if they have spoken words, which are based on lying for hidden wisdom, then certainly they fall under the category of Toriya which cannot be considered as lying.

This point is worth remembering that in circumstances when the duty of man is Toriya or lying for hidden wisdom, if he tells the truth, he is a sinner. In the same way he is responsible for the mischief that is created in this way.

Obviously there is no scope of Toriya or lying for hidden wisdom in the explanation or interpretation of the ayats of Holy Qur’an. That is as a rule there is no such need as for as ayats and Islamic laws are concerned.

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

How Many Greater Sins Are There?

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Question: How many greater sins are there?

Answer: There are different methods to recognize the greater sin and we indicate towards two of these methods.

1. Every action the doers of which have been promised by Allah punishment and chastisement in the Holy Qur’an. (Whether, it is clearly stated or indicated or it may be emphatic prohibited again and again). It is a greater sin.

2. Through the correct and authentic traditions that have reached us from the great leaders of Islam and in which the greater sins are clearly enumerated. For example the letter Imam Ali Ibn Musa ar-Rida (a.s.) had written to Mamoon the Abbaside Caliph. In the letter he has mentioned the number of greater sins. And in the same way is the tradition narrated by Amash from Imam Ja’far as-Sadiq (a.s.). There is mention of many greater sins in this tradition. And the same is the condition of other traditions.

Now we shall describe a greater part of the greater sins which mentioned in ayats or traditions and pray to the Almighty Allah that He may give us the Tawfiq to shun all these sins.

1. Murder
2. Adultery
3. Wine
4. Leaving Prayer
5. Usurping the property of orphans
6. Fleeing the battlefield
7. Interest taking
8. Gambling
9. Oppression
10. Sodomy
11. Helping the oppressors
12. Supporting the oppressor
13. Denying the rights of people
14. Fighting the saints of Allah
15. Lying
16. Betrayal of trust.
17. Hurting the Parents
18. Accusing pure people falsely
19. Backbiting
20. Careless of the Anger and Punishment of Allah
21. Carelessness about performing the Hajj
22. Squandering and over spending
23. Pork
24. Blood
25. Eating dead meat
26. Eat the flesh of animal which is slaughtered without reciting the name of Allah
27. Despair from mercy of Allah
28. Weighing less.
29. Repeating smaller sins
30. Breaking off relations
31. Non payment of Zakat
32. Breaking of covenant
33. Concealing Testimony
34. False swearing.

The above-mentioned sins are a major portion of greater sins though according to the view of many scholars they are not limited to these.

Are Greater And Smaller Relative Terms?

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Question: Some people say that the greater and smaller sins are comparable (ratio) that is it is possible a sin is greater but in comparison to another sin it would be considered small. For example, theft is a greater sin but in comparison to intentional murder it is considered small. From the aspect of their comparability all the sins are eligible for forgiveness and remission. Because the Holy Qur’an says:

“If you shun the greater sins we shall do away with your small sins.”

Thus every sin that is shunned keeping in view a greater one will be forgiven but there is no sin greater than polytheism that if one shuns it one could be forgiven his polytheism.
On the basis of this one who has not made a partner to Allah will have all his in forgiven.

Answer: In the reply to the previous the reply to this question has also become clear. Because as mentioned above the classification of sins into small and great is an absolute clarification which is divided into two on the basis that some are those which are promised divine punishment or prohibited emphatically and some are not.

They have not been classified due to their magnitude or on the basis of conjecture. And the captioned ayat discusses this point and the conclusion derived from it is that if a Muslim refrains from one class of sins that is the greater sins, the Almighty Allah will forgive their sins of the second class, that are called Sayyat or Saghaer – that is smaller.

And there are two separate limits of the two different classes of sins and none of them can overlap. Therefore, shunning the greater sins cannot cause the other greater sins to be forgiven. It can only help in forgiveness of smaller sins, (In the background we should also remember that repeating smaller sins make them into greater sins).

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

What Are ‘Smaller’ And ‘Greater Sins’?

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Question: How can we differentiate between ‘Smaller’ and ‘Greater sins’?

Answer: Actually the source of judging the Smaller and Greater sins are the verses of the Holy Qur’an from whom is the following:

“If you shun the great sins which you are forbidden, We will do away with you small sins…”1

Now let us see what is the scale of determining whether a sin is small or big

Our scholars say that every sin, be it small or big is a great sin in itself.

But the scale of finding whether a sin is small or big is not that it should be inspected with relation to the Divine realm. Because from the aspect of such investigation it is all ‘great’ even though this division of sins is done to compare between themselves. According to which there are two kinds of sins, ‘Greater’ and ‘Smaller.’

Now we should see what is the scale of differentiating the two? There are many techniques to discriminate the two of them and the most famous of them according to scholars is that every sin regarding which the Holy Qur’an has promised punishment is greater sin. For example, murder. Regarding which the Holy Qur’an says:

“And whoever kills a believer intentionally, his punishment is hell; he shall abide in it…”2

Some scholars have added another condition also that greater sin is that for which punishment is promised or it is emphatically prohibited. Because there are many sins which are not promised punishment but they are emphatically and repeatedly prohibited.

For example if we consider that only the following sentence has arrived for usury that those who take usury have made a declaration of war against Allah. Then this alone is a sign that usury is a greater sin. And if in other ayats and traditions if the usurers had not been promised hell, even its emphatic and repeated prohibited shows that it is a greater sin.

From this aspect the magnitude of sins is not relative. Their limits are different. It can never be that a sin is smaller as well as greater. Because if it is promised punishment of if its performance is emphatically prohibited, it would be a greater sin, otherwise it is smaller.

  • 1. Surah Nisa 4:31
  • 2. Surah Nisa 4:93

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

Does The Prophet Also Seek Counsel?

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Question: When the Holy Prophet (S) was in contact with the Almighty Allah, why did he need to seek counsel from his companions in martial and social affairs? The Almighty Allah has commanded to him in the 38th ayat of Surah Shura that in this matter it is necessary for him to seek advice and counsel. When he was the most wise and knowledgeable of all. Why did the almighty command him to seek counsel?

Answer: These types of questions are replied to in the Holy Qur’an. Then it is said that:

“Certainly you have in the Apostle of Allah an excellent exemplar.”1

Thus the aim of Counsel was education and training and the Holy Prophet (S) sought the advice of his companions thus giving them practical lesson so that after him they would sit together to discuss difficult matters and after consultation may search for the solution of difficult matters.

Also when the most intelligent and accomplished person did not refrain from consulting his companions and family from the experience and advice of other the followers of his religion must take him as an exemplar and act in the same way for solving difficulties. And they must not decide according to their personal whims and fancies. (It is obvious that consultation can only be in the matters regarding whom no absolute command is issued from the Almighty).

  • 1. Surah Ahzab 33:21

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

Would There Be Interrogation On The Day of Qiyamat?

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Question: It is mentioned in Surah Rahman that:

“So on that day neither man nor Jinni shall be asked about his sin.”1

Though in numerous other ayats we read that the sinners will be questioned on that day.

Answer: As testified by the very next ayat of this Surah here the statement that the sinners will not be questioned means that they will not be questioned verbally so that they could reply with their tongue like they do in this world. Rather their deeds will be exposed from their faces themselves. And their hands, legs and other physical organs will explain about all their deeds and actions.

In the same Surah after two ayats it is mentioned that the sinners will be recognized from their faces. In Surah Yasin also it is said that:

“On that day We will set a seal upon their mouths, and their hands shall speak to Us, and their feet shall bear witness of what they earned.”2

Therefore if in the captioned ayat it is said they shall not be questioned, it means that there will not be oral interrogation. But other witnesses that are the physical parts will give the replies.

  • 1. Surah Rahman 55:39
  • 2. Surah Yasin 36:65

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani

Should We Laugh Less And Weep More?

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Question: What is the meaning of the ayat:
“Therefore they shall laugh little and weep much…”1

Does it mean that the Almighty Allah has commended us to laugh less and weep more? Though weeping more is not allowed by any jurist, secondly when laughing is caused by happiness and bestowed pleasure to the body and soul, then why be refrain from it?

Answer: Those who have explained the meaning of this ayat have not reflected upon the context. The above ayat of those ayats of Surah Tawbahh in which there is discussion regarding the covenant breakers, hypocrites and the rules of Islamic Jihad. Before this is the ayat: Those who were left behind were glad on account of their sitting behind Allah’ apostle and they were averse from striving in Allah’s way with their property and their persons and said:

Do not go forth in the heat. Say: The fire of hell is much severe in heat. Would that they understood (it).

Immediately after this is the ayat that:

Those who have behaved in this way must as the consequence of their deeds laugh little and weep more.

The gist of the discussion is that the last part of this ayat and the preceding and the succeeding ayat in the same way the sentence Then laugh… begins with ‘Then’ which shows the connection with the previous verse. All this clearly shows that this ayat is concerned with the hypocrites and the covenant breakers and it does not contain any command for the common people.

And the last words show that their laughing less and weeping more is a punishment of their deeds. It indicates towards the fact that if they understood it, that what punishments they will get, they would laugh less and weep more and they will not get comfort from grief and sorrow, even for a moment.

  • 1. Surah Tawbahh 9:82

Philosophy of Islamic Laws:Ayatullah Naser Makarem Shirazi, Ayatullah Jafar Subhani