['Aalim Network QR] Obligatory Precaution - Example

["Akil M. Karim" <amk@ican.net>]

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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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Salamun 'Alaykum

The following question was kindly answered by Dr. Takim.


Fee Amaanillah,

Akil Karim
Moderator - 'Aalim Network

---------- Forwarded message ----------

QUESTION:

According to Syed Seestani's resalah, ruling #2412- "If a married woman
commits adultery, she on the basis of precaution, becomes haram permanently
for the adulterer." What exactly does on the basis of precaution mean? If
she becomes divorced and they want to marry, and choose not to take the
precaution, what is the penalty for them? 


ANSWER:

Salaamun 'alaykum,

This ruling indicates that a clear fatwa (in this case prohibition to marry
the adulterer in the future) has not been issued, the fatwa is based on
'obligatory precaution' - i.e., ihtiyat wujubi. However, if another mujtahid
(whom it is permissible to follow) issues a clear fatwa on the matter (i.e.
without stating 'based on precaution') then one can follow the second
mujtahid in this ruling only. For more details on when one can follow
another mujtahid on a ruling, refer to #7 in Ayatullah Seestani's risala.

May Allah save us from the evil of adultery.


Your brother in Islam

Liyakatali Takim

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[Moderator: For your convenience, the ruling referenced by the questioner
and Dr. Takim have been reproduced below.] 


2412. If a married woman commits adultery, she on the basis of precaution,
becomes haraam permanently for the adulterer, but does not become haraam for
her husband. And if she does not repent, and persists in her action (i.e.
continues to commit adultery), it will be better that her husband divorces
her, though he should pay her Mahr.


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 example 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.


NOTE: The resalah of Agha Seestani is available at:

                http://www-leland.stanford.edu/~yusufali/islam/laws/index.html