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Sayyid Saeed Akhtar Rizvi - Your Questions Answered - Volume VI

Sayyid Saeed Akhtar Rizvi - Your Questions Answered - Volume VI

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Publicado porSalman Book Centre

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Categories:Types, Research
Published by: Salman Book Centre on Sep 22, 2009
Copyright:Attribution Non-commercial


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There is a cemetery in our locality, and the Mo 'mineen of the locality still bury dead in its
eastern and western ends. Although no fresh corpse has been buried in its middle part
since about last 70 years, yet there are still signs of the old graves. The above middle part
of the land has turned now into a playground and fun-place for youngsters: also the
government has occupied one part of the said portion by installing a tube-well for Water
Supply to the locality and other adjascent villages and is going to construct a pump-shed
too: and the adjacent peasants have made encroachments too. Now the Shi 'a youths of
the village have started construction of a school building here in which both the general
and religious subjects shall be taught. The plinth of the school building has already been
constructed which has involved an amount of about Rs. 20,000/ = up till now. Now in order
to make sure that there is no obstacle from the Shari 'ah point of view, we raised the issue
with Ayatullah al- 'Uzma Aqae Khoui, who has favoured us with the ruling to go ahead
subject to the condition that the cemetery does not come under the ambit of Waqf (Copy
enclosed for ready reference). Now we are in dilemma whether the said cemetery may be
called Waqf of not; because there is no information regarding the said piece of land except

1.The land in question had originally been a Common Land not owned by anyone.
(The extract of Patwari record, showing the said land as Shamilati Deh i.e. a
common land, customarily known as common grazing field/ pasture, is enclosed.) It
is besides the fact that there is no evidence that it has ever been anyone's personal
property or otherwise which was endowed for the purpose.
2.Our ancestors later used the land for burial.
3.There are signs of old graves almost all over the land and process of burying is still
going on in its eastern and western ends as mentioned above.
4.The land in question is widely known as cemetery.
Meanwhile, we have received a fresh issue of “Al-Tawhid” (English) from Tehran which
contains an article with regard to Waqf by 'Allamah Muhammad Jawad Maghniyyak (Copy
enclosed for your perusal). The worthy 'Allamah has Elaborated the issue of cemetery in
detail and has made it clear that such type of cemetery which has originally been a
common land is not to be reckoned as Waqf.
We may humbly request your gracious-self to kindly guide us and make us aware about
our "Shari 'ah obligations " on this issue. We couldn't further correspond with Aqae Khoui
as there is no communication facility available at present and also it usually takes a lot of
time to get any reply from him, when the matter is of great importance for us and needs
immediate settlement.

A: Your letter with enclosures has been sent to me by the World Ahlul Bayt Islamic league
(London). It appears from your explanation and the attached papers that the said plot
(used as cemetery) was not a Waqf. The plainned school for secular-cum-religious
education may be built, if the builders strictly adhere to the conditions laid down by
Ayatullah al-'Uzma as-Sayyid al-Khoui in his reply. And Allah Ta'ala knows better.

Q. 57 On Various hair-do 's:

My wife plaits hair using the artificial hair which they call "Rasta":
(a)Is this permissible
(b)Will her ghusl- hayd or Janabah be OK with her plaited hair intact?
(c)What about the current feminine hair fashion which they call "Curl"?
(d)What about bleaching of skin?


(a)No harm, if the hair used is not of a Kafirah woman.
(b)If water reaches every part of the head skin, then it is O.K. Washing hair is not
necessary in Wajib Ghusl.
(c)No harm.
(d)There may be harm from medical point of view; but from shari'ah point, there is no


Q. 58: Using water is harmful:

Since delivery of my child 5 months ago, if I use water (hot or cold) for wudhu etc., I get
internal troubles. How should I pray?

A: you should do Tayammum in place of wudhu or ghusl (as and when necessary) and
perform your prayers.

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