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Notes

2. Al-Kafi, vol. 7, p 370 3Da’a’em al-Islam, vol. 2, p 539 4Al-Gharat, p 251

3. This chapter is taken from the author’s al-Fiqh series, volume 101, “The Islamic Government”, pp 197-203.

5. Al-Gharat, p 223

7. Kashf al-Ghummah, vol. 2, p 157, Majmou’at-Waram, vol. 2, p 39, Tuhaful-‘Oquol, pp 88 & 93, Bihar al-Anwar, vol. 72, p 321

9. Al-Kafi, vol. 2, p 355, hadith 4

10. Al-Kafi, vol. 2, p 351, hadith 6

11. Al-Tahdheeb, vol. 10, p 8, hadith 22

12. ‘Man La Yahdharah-ul-Faqih’, vol. 4, page 31, section 2, hadith # 5017.

13. Al-Kafi, vol. 7, p 188, hadith 3

15. The Holy Qur’an: Repentance (9): 105.

16. Many scholars have written specific books about the judicial judgement of Amir-ul- Mu’minin (A) or have allocated significant sections of their books about this issue. Some of the books are Bihar al-Anwar; by al-Majlisi, Ma’adin al-Jawahir; by Ibn Abil-Hadid, Madinat-ul-Ma’ajiz; by al-Bahrani, etc. The first person to write about this topic is Obaydullah ibn Abi Rafi’, secretary of Amir-ul-Mu’minin Imam Ali (A) during his entire reign. Ibn Abi Rafi’ is the first who wrote about the battles, skirmishes and excursions, and he died in 100 Hijra, and the title of his book is “Judgements of Amir-ul-Mu’minin (A)”.

17. The governor Nahj-al-Balaghah, Short Words of Wisdom; 526

18. M. Shirazi, al-Fiqh series, volumes 87-88.

19. M. Shirazi, al-Fiqh series, volumes 84-85.

20. M. Shirazi, al-Fiqh series, volume 100, The Rights, pp 348 – 354.

24. This chapter is taken from the author’s al-Fiqh series, vol. 100, book of “Rights”, pp 454- 476.

25. This principle is based on the Prophet Muhammad statement: “No (one may) harm nor (be) harmed in Islam.” See Man la Yahdharuh-ul-Faqih, vol. 4, p 224.

26. The author has mentioned, in his books on jurisprudence that the head of state (of an Islamic state who is a Marje’ or religious authority) has the authority to waive such punishment if it is prudent to do so. See the book of Hodud & Ta’zirat, volumes 87-88 of the al-Fiqh series, and the Islamic system of government by the author.

27. M. Shirazi, “The New Order for the World of Faith, Freedom, Prosperity & Peace”, and “We want it an Islamic government”.

28. Under an Islamic system of government and environment, one is given all the possible opportunities to attain one’s goals and aspirations, and therefore one would not usually be in a position to need to commit crime or any illegal act.

29. The Holy Qur’an: The Cow (2): 286.

30. The Holy Qur’an: Divorce (65): 7.

31. The Holy Qur’an: The Cow (2): 286.

32. M. Shirazi, al-Fiqh series, volumes 107-108, Economics.

33. Sunnah meaning the teachings and traditions of the holy Prophet Muhammad salla-llahu- alayhi-wa-aalih (S), meaning Allah’s peace and blessings be upon him and his pure progeny. It is a mark of piety and devotion in Islam to use this salutation when mentioning the name of the holy Prophet Muhammad.

34. The Holy Qur’an: The Livestock (6): 119.

35. (These are when they:) make a mistake, forget, do not know, cannot bear, are forced (by circumstances), were coerced (by others), (expectation of) bad omen, devilish insinuation when thinking about existence and creation, and envy, if it does not manifest in the tongue or hand.” See al-Khisal, p 417; al-Kafi, vol. 2, p 463, and al-Wasa’el, vol. 11, p 295.

36. The Holy Qur’an: The Cow (2): 185.

37. Al-Kafi, vol. 1, p 409

38. Islamic punishment may only be carried out if an Islamic system has been established in every domain: socially, politically, economically, etc.

39. E.g. preconditions for punishing a thief under an Islamic system of government are more than 40, all of which must first be simultaneously met before qualifying for carrying out the Islamic punishment. – M. Shirazi, “The Process of Change”, pp 448-451.

40. They are the Qur’an, the Sunnah, consensus (of the scholars) and reason.

41. It is a mark of piety and devotion in Islam to use this salutation when mentioning the name of one of the impeccable Imams of the Ahl-ul-Bayt.

42. Mortadha Shirazi, “Council of Religious Scholars” – Showra alfoqaha.

43. M. Shirazi, al-Fiqh series, vol. 1 “Ijtihad and Taqleed”.

44. The Holy Qur’an: The Array (61): 2-3.

45. The Holy Qur’an: The Cow (2): 124.

46. Wasa’el al-Shi’a, vol. 16, p 151

47. taking into account the priorities of the circumstances.

48. The Holy Qur’an: The Arrays (37): 142. See also the Bible: Jonah, 1: 15.

49. The Holy Qur’an: The Cave (18): 71.

51. The Holy Qur’an: The Star (53): 32.

52. The Holy Qur’an: (The letter) S (38): 44.

53. M. Shirazi, al-Fiqh series, vols. 87-88, Hudud & Ta’zeerat.

54. This is in reference to the Battle of Camel, which ‘Aesha spearheaded against Imam Ali alayhis-salam, the successor of Prophet Muhammad salla-llahu-alayhi-wa-aalih.

55. al-Kafi, vol. 5, p 136

56. The Holy Qur’an: Women (4): 24.

57. The Holy Qur’an: The Table Spread (5): 95.

58. Ahl-ul-Bayt, literally meaning house members, refers to the pure or Ma’soom progeny of the holy prophet Muhammad. They are the holy prophet Muhammad, his daughter Fatima al- Zahra’, and the twelve Imams or caliphs (successors of the prophet).

59. The Holy Qur’an: The Table Spread (5): 32.

60. The freedom of the individual in engaging in any of the above are restricted in western democracies in one form or another, for example by the imposition of taxes, charges, stamp duties, or the need to seek permission form the authorities, etc. whereas no such restrictions are permissible under Islam. needless to say, there are few activities that are classified as illegal such as production or sale of alcohol, and gambling.

61. i.e. no value added tax (VAT) or any other form of taxation is levied on goods in Islam.

62. Mudahrabah is a business scheme where one party contributes the capital, and the other the labour or expertise, and the profit or loss of the venture is divided between them according to a previously agreed ratio.

63. This scheme is similar to that above with difference that one party provides the farmland and the other the workforce. Similarly the profit or loss of the venture is divided between them according to a previously agreed ratio.

64. This scheme is similar to that above with difference that one party provides the farm and the other agrees to irrigate it. The profit or loss of the venture is divided between them according to a previously agreed ratio.

65. … without the need for any permission from any authority.

66. … e.g. fishing, mining, etc. without the need for any permission from any authority.

67. This kind of divorce is initiated by the wife.

68. Without the need for any permission to do so from any authority or for any payment in exchange for the use or possession of that land.

69. al-Kafi, vol. 1, p 406.

70. For example to have his case dealt with a particular judge rather than other judges.

72. The Holy Qur’an: The Heights (7): 85.

73. A hadith is a statement of the prophet Muhammad or one of the Imams of the Ahl-ul-Bayt.

74. Wasa’el al-Shi’a, vol. 18, section 13, p 7.

75. Bihar al-Anwar, vol. 40, p. 235. The words in brackets are included for clarity. Translator

76. Here Iman means adhering to the teachings of the Ahl-ul-Bayt peace be upon them.

77.This is in reference to hadith “(in) nine cases my people would be excused.” given earlier.

78. These uncertainties could be associated with either the judge or the defender.

79. This chapter is taken from the author’s al-Fiqh series, vol. 100, book of “Rights”, pp 476- 481.

80. A principle in Islamic jurisprudence, see al-Fiqh series, vol. 141, “Principles of Jurisprudence”, by the author.

81. This is a hadith or statement by the prophet Muhammad peace be upon him, which therefore forms the basis of a principle in Islamic jurisprudence. The hadith has been reported in many references such as: ‘Awali al-Le’ali, vol. 1, p 222; Nahj el-Haqq, p 494. See also al-Fiqh series, vol. 141, “Principles of Jurisprudence”, p 135, by the author.

83. Al-Ja’fariyat, p 108. Qurb al-Asnaad, p 67.

84. Letters, 23. Nahj_ul_Balaghah, (meaning Peak of Eloquence) is a collection of speeches, sermons and letters of Imam Ali (A).

85. The Holy Qur’an, The Light (25): 22.

86. See for example Fiqh al-Ridha, p 248, or ‘Awali al-Le’ali, vol. 3, p 395, and Mustadrak el- Wasa’el, vol. 6, p 27.

87. al-Kafi, vol. 6 p 133.

88. Wasa’el al-Shi’a, vol. 22, section 11, p 28775

89. al-Ja’fariyat, p 44.

90. Man la Yahdharuhul-Faqih, vol. 3, p 31. See also Wasa’el al-Shi’a, vol. 7, section 21, and Mustadrak el-Wasa’el, vol. 6, section 17.

93. Al-Kafi, vol. 7, p 370, hadith 5.

94. Tahdhib al-Ahkam, vol. 6, section 22, p 232, hadith 19.

95. Tahdhib al-Ahkam, vol. 6, section 22, p 299, hadith 43.

96. al-Fiqh series, vols. 87-88, al-Hodoud wal-Ta’zirat.

97. Tahdhib al-Ahkam, vol. 10, section 4, p 240, hadith 5.

98. al-Mabsout fi Fiqh al-Imamiah, by Muhammad ibn al-Hassan al-Tousi, vol. 8, p 91, section on the tradition of a judge.

99. Shara’e’ al-Islam, vol. 2, p 320, Tradition of a Judge.

100. Muhaqiq al-Hilli (602-676H) in al-Mukhtasar al-Nafi’, Abdul-Aziz ibn Baraj al-Tarablosi (400-481H) in al-Muhadhab, ‘Emad al-Din bin al-Tousi in al-Wasilah ila Nayl al-Fadhilah, ‘Allamah al-Hilli (647-726H) in Qawa’ed al-Ahkam fi Masa’el al-Halal wal-Haram, Muhammad Jawad al-Hussain al-‘Amili in Miftah al-Karamah, vol. 10, p 26.

101. Shirazi, Muhammad; “al-Fiqh series”, volumes 87-88, “al-Hudoud wal Ta’zirat”

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