A few words of comment on the paper:
Dear Brother Naqvi I read the material that you had sent with the above title.
It may not be necessary to say some thing about every thing that is discussed in your paper, therefore, the following are a few facts that should be expressed therewith for the benefit of the community.
In dealing with the affairs of people (as a Muslim) one should keep the following Hadith in mind.
The sixth Imam (peace be upon him) has said, " If one establishes a (virtuous) tradition and a practice of the nature of justice and fairness and people would follow and practice such tradition. The founder will always receive a reward equal to every one that each time would practice that tradition without anything reduced from their reward. On the other hand, if one establishes or practices a certain practice and tradition of unjust, deviating and ill-treating nature and other people would follow or practice it. The founder of such practice will suffer and will be burdened with the sin of every one that each time would practice such tradition." From Amali of Shaykh Mufid.
In your memoranda you have tried to find solutions for the problems of managing the Islamic Centers in the US. People like yourself concerned and involved in this issue know that there are many problems therein. Quite frustrating problems, discouraging, disheartening, weakening the strength of the community, exhausting the resources and the energy of the community, causing disunity, and unwanted differences you just name it too much of negative elements that you may find therein.
Before explaining the solutions that would ease the above problems let us think about a broader picture of our lives in general, such as economy, education, judicial system, culture, value system and the government. We know that people make a living even in the ways that are not acceptable in our Shari'a. There is legalized gambling and other ways of earning money that are unlawful according to our Shari'a. They teach one almost every thing in school except religion. The judicial system supports almost all kinds of laws except the laws of Allah. The culture is materialistic. The value system appreciates almost every thing except (Taqwa), piety and obedience to the laws of Allah. The government does almost every thing for the people and their institutions except the religious ones. Just the other day it was in a paper that the cost of just to maintain the small library of a small town is over 2 million dollars a year which must come from the property taxes. All the materials of the library are there and all the facilities already exist.
We must keep in mind that our religious institutions; the Islamic Centers are facing double jeopardy. The governments do not support them. They are also jeopardized by the small politics and paltry gains of certain groups and individuals of our own community. Certain individuals and groups get involved in the affairs of the centers without any ground and authority to do so according to the laws of our Shari'a as we will note latter.
The solutions for problems of the Islamic Centers are simple and easy only if people involved in the affairs of the Centers would follow the proper rules.
The only section of the laws of our Shari'a that would apply to the management of the Islamic Centers are those of the section dealing with endowments (Awqaf).
I can not agree with your democratic solutions for a purely religious issue. This issue is governed by the laws of endowments (Awqaf) of our Shari'a. The democratic system that seems to be quite acceptable in the sight of our Shari'a from the point of view of some of the members of the community, in fact, is not so from the Islamic point of view. This attitude and unfortunate belief is a difficult problem and it complicates the whole task very seriously.
If we study the rules of our Sharia' that govern the endowments (Awqaf), we can agree with the fact that the system of democracy that decides on the basis of 51 against 49 does not find any place in the matters of endowments (Awqaf). The rules of the endowments in our Shari'a require one to find a way that would make 51+49 all equally happy beneficiaries of the endowment.
As a matter of fact, many of the people involved in the affairs of the Islamic Centers try to show their dealings democratic but as we can see the problems do not go away.
In the following, very briefly, it will be explained how full implementation of the laws of endowments (Awqaf) would become a proper solution in the management of the Islamic Centers.
According to the Islamic system there are (a) private properties (b) and public properties. In the matters of the private properties it is the owner who has the lawful authority to deal with his/her belongings. The public properties are managed and supervised by Hakim-e- Shar', (the high authority in religion), the government and /or authorized individuals or groups of people.
Endowments are public properties and the following elements are involved in it:
(a) A person has the authority to assign some or all of her/his property as Waqf for certain beneficiaries such as parents or grand parents' Waqf for their children giving the right of supervision to themselves in the constitution of the Waqf, the endowment.
Such supervisory position is lawful as long as the supervisors do not act against the interests of the beneficiaries or the Islamic laws.
(b) A person has the authority to assign his/her property as Waqf for certain group(s) of people giving in the constitution the right of supervision to his/herself. He or she maintains this position as long as it is not against the Shari'a or the interests of the beneficiaries.
These are the cases wherein no public property is involved at any stage or time; that is, no donations from other people are collected.
In the cases of misbehaviors of the supervisor (s) the high authority (Hakim-e- Shar' )will take corrective steps.
(c) That the property (s) to be assigned as endowment (Waqf) are (is) in part or as a whole public property like donations or from Khums or Zakat. In such a case regardless of the kind (s) of beneficiaries the high authority (Hakim-e-Shar') has the sole authority in supervising or appointment of the supervisor(s).
You perhaps would say, "Is that all the solution that there is for the problems of the Islamic Centers?"
The answer is yes. The laws and guidelines of Awqaf in our Shari'a out lined in just three small paragraphs above are the right solutions for the problems of the Islamic Centers.
If we would place those facts in proper prospective we will find the solutions.
1. Every one in the community must have a link with the person of Hakim-e- Shar', the high authority in Shari'a.
2. The guidelines and decisions of Hakim-e- Shar must solve all disputes and disagreements'.
3. Every one must be convinced that Hakim-e- Shar' is a just person and fair to everyone in his decisions and advice and in fact they are as such.
People are stuck with the democratic system because they live in the jungle of politics full of wolves and Hyenas. They do not want to benefit from the justice and sincerity of Hakim-e- Shar' and the blessings of the Islamic system.
If the rules of endowments would be applied to the Islamic Centers and other charitable projects that collect donations from public then without the consent of Hakim-e-Shar' it would not be lawful to establish a Center or a project - just as it is in the non Islamic systems wherein it is not lawful to establish charities without the permission of the authorities - with the particularities mentioned in (c) or become involved in its affairs, namely, the Center or charitable project that is establish with public money.
If Hakim-e- Shar' is given the chance to supervise the Islamic Centers and the charitable projects and the beneficiaries would decide to take all their complains about the Centers and projects through proper channels to the Hakim-e-Shar' a, huge part of the problems will be solved and good progress will be achieved.
Do the people in and around the Islamic Centers take their complains and concerns to the Hakim-e- Shar'? Because the problems do not go away it shows that they do not do it.
If the Islamic Centers and charitable projects are run by the people who do not have any communications with high authority (Hakim-e- Shar') such people would have no authority to do so according to the laws of (Awqaf,) endowments in the Islamic Shari'a.
The fundamental issue in the management of the Islamic Centers and the charitable projects for peaceful and productive functioning is that the Hakim-e- Shari, directly or indirectly, must supervise it otherwise; the problems will never go away.
Hakim-e- Shar' is very dependable and sincere.
No volunteer in and around the Islamic Centers and charitable projects should expect for what they do any worldly gains or social benefits except Taqwa and moral discipline.
The other issue is that concerning the Maulanas (the 'alim) as you call them.
(a) Should they be full time or part time Maulanas, 'alim?
(b) What kind of qualifications and credentials should they have?
(c) Who would pay them salaries?
(d) What would be their role in the enters?
In the Islamic system the Maulanas would be the only people to qualify as judges, specialist of the Islamic laws and teachers of the Islamic studies. Besides they could also teach philosophy, sociology political sciences and other such topics.
Now that the Maulanas do not qualify in the secular systems as any thing and even in the countries full of Muslims should we lower the standard of learning in Islamic studies which is what a part time Maulana would amount to?
What if we decided to have a part time Hakim-e- Shar'. In other words, what if our Marja' of Taqlid for his living would work part-time as a manual worker because the secular system do not recognize any of his qualifications and at the same time he would give us Fatwas in the matters of Islamic Shari'a?
What would you think of the Fatwas of a part time Marja' of Taqlid?
Do you think that a part time Marja' of Taqlid could fulfill the Quranic duty mentioned in the following verse: - Not all believers have to go out. Why do not some people from each group of believers go out to become (faqih) specialists in religious learning and, after returning (completing their studies) to them, warn (and guide) their group so that they will have fear of God? (9:122)
At this time and age no learning institution would ever agree to lower their standard of learning.
What would you think lowering the standard of learning means for Islam and Quran that has always been the best supporters of learning and knowledge?
It would be a total chaos, say, if accountants and carpenters begin to practice heart surgery or adjudicate a murder case or issue Fatwas etc. However, in our community the practices of certain individuals are indications that our carpenters may begin to issue Fatwas and the accountants become the Imam and khatib of our Mosques. They may preach and say that there is nothing wrong in it if a religion is not and does not have a system which would amount to calling it the religion of chaos.
It would be very good to study the book of reason and ignorance of Usul Al-kafi to find out the difference between the two in the sight of Allah. Consider the following Quranic comparison, "Those who know are not comparable with the ignorant ones. It also says, " People of Paradise are not comparable with people of Hell.
Consider what the absence of even a part time Maulana and ensuing ignorance has done to the Hosy day in Trindad and the people of certain Islands of Indonisia.
Consider the fact that England was referred to by the people of Indian subcontinent including Muslims as Wilayat? Do you think this had to do any thing with replacing the Wilayat in verse 55 of chapter five of the holy Quran?
Consider the concern of certain members of the community about the negative attitudes of the mass media and other circles towards the Islamic system of ideology and values and who would undertake the task of scholarly research to face the negative propaganda against our faith.
Consider how delicate is the task of teaching and educating, especially, in the issues of faith and ideology. Consider the value and attraction of just one well prepared lecture on a certain religious issue how its well presented points revive our weakening faith that is tangled in secular environments.
Consider how many years it takes to master the language of our system of ideology and Shari'a to be able to handle all the issues of the Islamic system of Sharia and ideology with ease and efficiency. Just think of the tragedy of weakening and ignoring such hard to achieve experience and its ideological as well as financial loss that such setback and scholastic degradation would cause to the community.
The Shi'a Muslims, proudly, say that our Sharia is the best of all. It is so because of its most meaningful contents, its scholarly standards, and its universally inclusive laws that reach all corners of human life. Its holy book is much ahead of human knowledge and has layers and layers of meaning within its words and verses. When we say all of this, how then we suppose a sound and meaningful presentation of all the issues of such high standard system would become possible with lowering the standard of learning and without constant research and studies?
Any reduction in the efforts of research and continuous studies of the Islamic system of Sharia and ideology will be held responsible for degrading and lowering its high standards and leading the community back to ignorance and darkness.
Qualifications:
As noted earlier, in the secular system even the Marja' of Taqlid the grand Ayatullah would qualify for nothing because he has not learned through the secular universities.
In the Islamic system also as indicated in Verse 122 of chapter 9 only a Faqih is recognized as a preacher and teacher of Islamic guidance. It is obvious that without attending the school of Fiqh and Ijtihad one can not be recognized as a Faqih, a preacher and teacher of Islamic guidance. Therefore, the only proper authority to check the credentials of a 'alim, the Maulana would be the head of the school of Ijtihad of Najaf or Qum today. Members of the community are not the proper authorities to qualify or disqualify a 'alim.
The Issue of Salary
It is mentioned in our Fiqh that if one leads prayers then he is entitled to receive salaries from the incomes of the Waqf properties.
The role of 'Alim in the Islamic Centers
The Islamic Centers must communicate with the Hakim-e- Shar'. To facilitate efficient communication between the Islamic Center and Hakim-e- Shar'. Appointment of a 'Alim for this task would be in the best interests of Hakim-e- Shar' and the community. The Hakim-e- Shar' would appoint a 'Alim of his choice as the supervisor of the Islamic Center or as an overseer of the Supervisor of the Islamic Center.
As noted above the only properly recognized people for the task of warning, teaching and preaching of the Islamic guidance is a Faqih, therefore, all teaching and preaching of the Islamic guidance and faith must be conducted and supervised by a 'alim who is recognized as a Faqih by the head of the schools of Ijtihad.
It is the Quranic requirement to maintain the highest possible standard of learning, particularly in the school of Ahlul Bayt peace be upon them. Supervising and conducting of the teachings and preaching of the Islamic guidance and faith is particularly an absolute necessity for Muslims who live as minorities among the non-Muslim populations.
It is of the requirements of the Islamic system to establish good and genuine practices and traditions.
It also is of the requirements of the Islamic system to stay away and speak up against the bad and improperly thought of practices and traditions.
May Allah grant peace to all who follow the right guidance.
New York
4/3/97