The General Customary Perception of Temporary
While we are discussing customary practice, let us go to the subject of muta or temporary marriage-for customary practice in several societies regards this as putting down the woman, since she is treated sometimes as a fornicator.
We cannot, as a basic principle, respect the view of customary perception on this subject. This is because Islam came to change perceptions. When custom rejects and considers something wrong which Islam perceives as natural, we cannot yield to custom. However, the negative view of custom may lead, in cases such as these, to dislike the act. A hostile view towards the practice may cause it to be seen as dishonoring the man and the woman, and a person may not wish to put himself in this dubious position.
Therefore, the position we take is strong dislike of temporary marriage for virgins, even if the father and grandfather are not present, since this may lead the woman to be dishonored in social circles.
We may note that custom is quite prevalent in the area of dishonor. Some tribal societies may consider that a woman who is married outside of her family, or to someone other than her cousin to be dishonorable. This negative view may also apply to the marriage of a divorced woman or a widow.
Islam came to correct the perception of custom. But if custom plays a role where it is seen as a second criterion of judgment, then the Shariah ruling follows this new criterion, which may regard something as disliked [makruh] or even forbidden [haram], etc.
Muta is a Protection Against Corruption
Has Islam legislated temporary marriage (muta) as a natural right of a person to whenever he wishes, or is it legislated for a specific situation or as a solution to a specific problem?
The Quranic text which the proponents of muta refer to is: "And those of whom you seek content (istamtatum) [by marrying them], give to them their due" (al-Nisa, 4:24). We find this text unconditional. When we analyze the subject of muta, however, we find that it may be an answer to an emergency; it may deal with a particular need; or it may deal with a desire. Permanent marriage, throughout history and in every religion and civilization, did not solve this problem for humankind, nor restrained people, as in the case of the people of Lot. For fornication in illicit relations went side by side with permanent marriage. This was because permanent marriage may not be the solution for a man who has a stronger libido that his wife; as such, Islam allowed him to marry four and allowed him muta, as he wishes in order to protect himself from corruption. The matter then is not restricted to a particular time.
Polygyny
Is the plurality of wives natural? Was it intended to solve a problem? Is it possible for a man to marry, from the outset, four wives, or is it an opening for him to solve certain marital problems?
It appears the issue is unconditional with respect to pressing problem or lack thereof, since the requirement for the man who wishes to engage in polygyny, is that he possess the means of support.
There are those-as in Europe-who problematize the issue of polygyny as one which causes tension and confusion within the family.
We believe that abundant confusion in married life has become normal in America and Europe, and in places around the globe; although illicit relationships are far more frequent than polygyny, with all its tensions.
Naturally polygyny has negative aspects, just as monogamy has negative aspects. There is no legislation which does not have a negative side. The issue, however, is that when the positive aspects outweigh the negative, it becomes permissible. When the negative aspects outweigh the positive aspects, it becomes forbidden.
We believe that polygyny, with all its negative aspects, still has several positive, mitigating factors.
Desirability of Early Marriage
There are several views on early or delayed marriage. There are those who prefer early marriage and those who prefer later.
In Islam, early marriage is desirable, since a person is required to protect himself and to avoid falling into haram. There is no doubt that early marriage allows the person to satiate his sexual instincts, the cravings of which, may otherwise lead to deviant behavior.
We also note that Islam has not presented a clear text on this, but rather sees marriage as a personal relationship which allows a person to pursue his desires or to satisfy his instincts, among other things. If early marriage presents problems for the two spouses, these problems may be solved by those around them-in the same way that delayed marriage presents a problem to the community.
Smoking is Forbidden
The fundamental rule is that things are permissible if there is no mention of their prohibition in scriptural text. I, however, lean towards the view that there is an excellent argument for the prohibition of smoking, according to what can be derived from the noble verse: "They ask you about intoxicants and gambling. Say: In them both is great evil and good for people, and their evil overcomes their good" (al-Baqarah, 2:219). If we interpret the term "evil" as "harm", or that which causes harmful effects-since it is on the principle of prohibition of that which has more harm than good-then the rule is that everything which causes more harm than good is forbidden.
As all doctors testify, the harm caused by smoking outweighs its benefits. Therefore, one may incline towards its prohibition. Even if the issue is not one of prohibition, it certainly calls for caution.
There is the point that if the person knows that smoking will most probably cause a terminal illness, even if after twenty years-doctors show that smoking may cause death-then it becomes haram.
We say to any person who wishes to take up any habit that he must study its nature and particulars, its benefits compared against its harmful effects. If he sees evil instead of benefits, the logical conclusion is that he ought not to take up this habit. If he has already taken it up, he should leave it, since the thinking person does not put himself in harm's way, nor does he permit himself to continue in that which is harmful.
When we study the problem of smoking, we see that it is a practice, and therefore a habit which necessitates that one stay away from it. A person must resume control of himself if he has already taken up smoking.
If a person stands in front of a chimney and opens his mouth to inhale the smoke, don't you see that people will think him crazy? Taking smoke through the mouth is not normal. There is no difference between this and inhaling smoke into the body through the use of a cigarette!
What is the Islamic ruling on drugs?
Drugs are forbidden since their influence on the mind and health is worse than ordinary intoxicants. The reason for the prohibition of intoxicating beverages is drunkenness, which causes a person to lose his mental capacity. This is what happens with drugs, added to which is the physical, mental, intellectual, and spiritual harm caused in the person's life.
What about certain types of drugs like opium and the like?
I do not have precise information on the drug qualities of these two items, but if they possess similar effects as the better known drugs, they are forbidden.
What do the jurists mean by the term "non-liquid intoxicant"?
That the product is from the hashish which the jurists see as an intoxicant.
What about the issue of cultivating it?
If it is forbidden, it is impermissible for selling, trading, and growing for the purpose of selling.
Cinema and Television
What are the limits of permissibility regarding cinema and television?
Cinema and television are two information media, and judgment as to their halal or haram is contingent on the nature of the information provided. If the material relates to lust, moral corruption, and incitement to crime, then it is forbidden; if it does not, it is permissible.
