Tuesday, March 20, 2012

Shaving your Beard - Ihtiyat Wajib (Obligitory Precaution Mechanism)

Islamic Rulings (Sistani's Risala)

Ruling 7. "If an A'lam Mujtahid gives a fatwa on some matter, his follower cannot act in that matter on the fatwa of another Mujtahid. But if he does not give a fatwa, and expresses a precaution (Ihtiyat) that a man should act in such and such a manner, for exam ple if he says that as a precautionary measure, in the first and second Rak'at of the namaz he should read a complete Surah after the Surah of "Hamd", the follower may either act on this precaution, which is called obligatory precaution (Ihtiyat Wajib), or he may act on the fatwa of another Mujtahid who it is permissible to follow.
Hence, if he (the second Mujtahid) rules that only "Surah Hamd" is enough, he (the person offering prayers) may drop the second Surah. The position will be the same if the A'a lam Mujtahid expresses terms like Ta'mmul or Ishkal."

Code of Practice for Muslims in west

Ruling 507. "Based on oblegatory precaution it is not permissible for a man to shave his beard. Similarly, it is not permissible for him to just leave the hair on his chin and shave the sides. This too is based on obligatory precaution. (See the question-answer section below.)"

520. Question: At times the big companies in Europe discriminate —among those who come to them seeking jobs— between those who shave the irbeards and those who don’t shave them. If this is true, then is it permissible to be clean shaven in order to get the job?

Answer: Shaving the beard—whose prohibition is based on obligatory precaution— would not become permissible just by the desire to get a job with these companies.

521. Question: Is it permissible to shave the two sides of the face and leave the hair on the chin?

Answer: Shaving the beard is haram based on obligatory precaution, and this includes the hair that grows on the sides of the face. However, there is no problem in shaving the hair that grows on the cheeks.

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What is your opinion in regards to shaving the sides of the beard?
It is permissible.

Is it permissible to shave the hair on my cheeks and have the hair on my chin?
Yes, it is permissible.

- Ayatollah Hakeem


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So based on the Ihtiyat Wajib mechanism, one can choose to follow the ruling of Ayatullah Hakeem and shave the sides of their face.

Be aware though that Ayatullah Hakeem still requires a beard, his simply does not include the sides of the face:

Q [8] Is it compulsory to grow a beard in Islam. Did any of our 12 Imams emphasize on growing a beard?
It is prohibited to shave the beard and there are narrations in the detailed jurists’ books of religious jurisprudence.=

So it appears he has a different definition of what constitutes a beard.

This also implies that no person should be clean shaven in all respects and parts of the face.

Music in Islam

An overview of Music from the perspective of Ayatullah Sistani


Code of Practice for Muslims in the West - Ayat. Sistani:

"535. Music is an art that has spread far and wide during these days. Some varieties of this art are permissible while others are forbidden; therefore, it is permissible to listen to the first while it is forbidden to listen to the latter.
536. Music that is permissible is the music that does not entail entertainment in gatherings held for that purpose. Forbidden music is the music that is suitable for entertainment and amusement gatherings.
537. The expression “the music or the song that is suitable for entertainment and amusement gatherings” does not mean that the music or the song’s tune amuses the heart or changes the mental state because there is nothing wrong in it. The expression actually means that the person listening to the music or the song’s tune —especially if he is an expert in these matters— can distinguish that this tune is used in the entertainment and amusement gatherings or that it is similar to the tunes used therein. "

There is no blanket ban on all music.
Although precaution is important, wos-wos and extremism is not dictated in Islam.

In another of Sistani's books "Contemporary Legal Rulings", he further defines amusement gatherings:

"Q166: What is the limit separating lawful from unlawful music? If the criterion is its being labeled 'entertainment or amusement' then this is not clear according to convention because there are differences of opinion on that.
A: The separating limit is its being of suitable quality for the gatherings of amusement and of immorality. (MMS, p. 28, Q53)
"

Amusement alone isn't sufficient because the "and" operator was used. Immortality must be present WITH amusement. An "or" operator would mean either amusement or immorality being present makes it haram. But as previously noted, music swaying you emotionally isn't an issue. So amusing/entertaining music alone, is not Haram. It needs to be played in places of immorality as well.

If a place is not known for it's moral depravity, the music there would not be considered Haram.

Techno, known as club music, would conversely definitely be haram. It's known to be in places of moral depravity.

Continued in the same book:

"Q173: Classical music is believed to soothe excited nerves, and is also prescribed at times for treatment of some psychological ailments. Is it permissible for me to listen to it?
A: Yes, it is permissible to listen to music which is not suited for the gatherings of amusement and entertainment. (FM, p. 438)
Q174: Music with pictures that is associated with television films, popular serial programs, the aim of which is to raise the degree of excitement of the viewers in accordance with the atmosphere of the film. For example, if the exhibited scene is frightening, then this musichelps in prompting fear and its effect on the viewers.
A: The great majority of them are of the lawful type. (FM, p. 438)
"

As for musical instruments, Back to Code of Practice for Muslims in the west, again there isn't a blanket ban on instruments:


"556. 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 harãm entertainment: neither selling nor buying, just as it is not permissible to manufacture them and accept remuneration for making them.
“An instrument of harãm entertainment” means that its physical shape—that gives its value and eventually the purpose for acquiring it— is not suitable except for use in harãm entertainment."

That is known as a negation with an exception. Like we say there is No God but Allah.

It has no use except only in Haram music.

An example of that might possibly be a Metal Guitar, that would rarely be used by anyone making Halal music.

However that also means music used in a Haram setting and in a Halal setting, like a Piano, would be acceptable. Since it has use in BOTH settings and isn't limited to one.

As he said: It has "No use" except in "haram" entertainment.

Pianos would have uses in both settings.
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On these issues my opinions are useless and I suggest we follow our Marja rather than the popular opinion shias or our cultures.

The answers are fairly clear if we do a little bit of reading. Again, lets avoid blanket bans on all things associated with music though.

That would be akin to making our own fatwas.

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