['Aalim Network QR] Nikah and matters relating to Fish

[Maqbul Rahim <100530.1344@compuserve.com>]

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|       In the Name of Allah, the Compassionate, the All-Merciful       |\
|  Greeting of Allah be upon Muhammad and the pure members of his House |\
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Salaamun Alaykum

Please find below questions on Nikah and matters relating to halal fish  to
which the replies were kindly provided by Ma'alim Liyakatali.

Jazakallah

With Duas and Salaams

Maqbul Rahim
Acting Moderator for ABDG-A
...............................................................

QUESTIONS:

Kindly provide answers to the following questions. The reply to my questions
should be based on the rulings of Ayatollah Syed Ali Seestani.

Q1.  According to Jafari School of Fiqh, fish without scales are 
haram to eat.  If we are buying processed and packaged fish from 
supermarket (K-mart) or buying Fillet-o-fish from Mcdonald 
restaurant, it is not known whether the fish had scales or not.  Is 
it allowed to eat such fish when it is not known whether the fish had 
scales or not ?

Salaamun 'Alaykum:

Answer: From the information I have, most of these types of fish do have 
scales. However, it might be better to ask the store concerned so as to be 
sure. Since most of the fish sold in the stores are either cod, haddock or 
halibut all of which have scales, one may consume them unless one is sure 
that they do not have scales, As a measure of precaution, it may be better 
to ask the storeowner as suggested.

Q2.  Kindly inform whether the nikah performed in the following cases 
is valid or not :
(a) Nikah of a shia couple recited by a sunni hanafi aalim according 
to hanafi school method.
(b) Nikah of a shia couple recited by a sunni hanafi aalim according 
to the jafari school method.
(c) Nikah of a shia couple recited by the couple themselves.

Answer:
 
a) In nikah, it is not necessary that the person pronouncing the 'aqd be a
Shi'a. However, it is essential that the formula, if recited by a sunni
hanafi alim should be in correct Arabic. I mention this because according to
the sunni schools of law, the nikah can be recited in any language even if a
person can recite it in Arabic. Ayatullah Seestani, on the other hand,
states that the nikah can be recited in any other language ONLY IF THEY
CANNOT PRONOUNCE IT IN ARABIC. Also, if a sunni alim is reciting, then the
intention of insha (making it valid immediately) must be made and the words
of zawwajtu or ankahtu or words indicating an intention of making the
marriage effective immediately should be used. Similarly the words of
acceptance like qabiltu should be used. For other conditions e.g. sanity,
bulugh see Ayatullah Seestani's Islamic Laws pg. 438.

b) the same answer applies to this question; Provided the conditions
stipulated above are met, then the nikah can be recited by a sunni alim.

c) If the couple want to recite the nikah by themselves, apart from the
conditions stated above, they have to be sure that the formula is recited in
correct Arabic

Liyakatali