The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No. 2450- Touching the dead body of a Muslim that is being dissected, does not make ritual bathing (Ghusl) obligatory, if it Ghusl of Mayyit (Ghusl for the dead body) has been given to it, otherwise, each time the dead body is touched, Ghusl for touching the dead body should be performed. And if this causes hardship and difficulty for him, he can perform tayammum instead of Ghusl. However, if dissecting is done on bones without flesh or on separated fleshy limbs, like heart, veins, and brain, etc., Ghusl will not become obligatory. And if one can use gloves, Ghuls will not become obligatory under any circumstances.

Issue No. 2451- Dissecting the human being’s body where it is permitted does not make Diya (compensation) obligatory.

Issue No. 2452- Muzaribah is limited partnership and it means that an individual or individuals invest their money and another individual or other individuals work with that capital and divide the proceeds in accordance with their agreement, and each will have his share of it.

Issue No. 2453- It is not obligatory for the invested capital to be coined gold and silver. In fact, Muzaribah will be in order with whatsoever property invested. It is not also a condition that the investment be made only in commercial or trade activities. Rather, it includes investment in productive enterprises (such as industry, agriculture and cattle-rearing and the likes).Hence, purchasing the shares of factories and benefiting from their interests are also in order.

Issue No. 2454- It is not necessary in Muzaribah contract that the shares of the two parties be in the form of percentage of the interests (e.g. 1/2, or 1/3 etc.). Rather, it is permissible to fix the amount of the share of one of the two parties. For example, it can be said that if he invests a specific amount of money, one thousand pounds out of the total interest will be given to him provided that the said Muzaribah contract accrues more profit than this amount, otherwise, it will not be in order.

Issue No. 2455- The type of Muzaribah which is conducted by banks with the money from individuals is permissible and the accrued profit is halal, provided that the foregoing Islamic conditions are observed and that it is not a mere bureaucracy.

Issue No. 2456- If a loss occurs without the fault of the agent (doer), it will be in relation to the capital, and it will not be born by the agent and it cannot be divided between the agent and the owner either.

Issue No.4- In the issues regarding which the Mujtahids have different views, one must follow a Mujtahid who is a‘lam [3].

Issue No.6- When one is unable to identify the most learned Mujtahid, he should follow, as an obligatory precaution, a Mujtahid he supposes to be the most learned and if he entertains a doubt and cannot prefer between them, he can follow any of them.

Issue No. 8- If one suspects that the verdict of the Mujtahid might have changed, he can keep acting according to the previous one and investigation is not necessary.

Issue No.11- It is not permissible, as an obligatory precaution, to act on the fatwā of a dead Mujtahid initially, even though he might be the most learned of Mujtahids.

Issue No.13- If a person faces a problem whose rule is not known to him, he can exercise precaution, or if its time does not expire he should wait until he has access to a Mujtahid, and in case he has no access to a Mujtahid, he should act on what he thinks to be the fatwā of the Mujtahid and should inquire about it later. Then if he finds his act to be in conformity with the fatwā of the Mujtahid, it is valid, otherwise, he should perform it again.