Some Problems concerning the Rule of Ilzam
**According to the jurist this term means that if a person is the follower of a particular school it is obligatory for him to act according to the rules laid down by that school, but those rules are not binding on the followers of other schools. The following are a few examples of the rule of 'Ilzam':
(i) It is obligatory amongst the Sunnis that nikah (marriage) ceremony should take place in the presence of two witnesses. This is not, however, necessary amongst the Shi'ah. Hence, if a Sunni contracts a marriage in the absence of two witnesses his marriage, according to his belief, will be invalid and a Shi'ah may contract marriage with such a woman.
(ii) According to Sunnis it is unlawful for a man to marry the niece (daughter of a brother or of a sister) of his wife in her presence but such a marriage is valid amongst the Shi'ah , if the wife accords permission. Hence, if a Sunni marries the niece of his wife in her presence the marriage is unlawful and a Shi'ah can marry such a woman.
(iii) It is obligatory amongst the Sunnis that if sexual intercourse takes place with a woman who is a ya'isa (menopause) or a minor, she should observe the waiting period after being divorced, but this is not necessary among the Shi'ah. Hence, if a Sunni woman. who is a yaisa or a minor, is given revocable divorce by her Sunni husband and she becomes Shi'ah she can claim subsistence from her Sunni husband for the waiting period. Similarly if the husband of a Sunni woman becomes Shi'ah he can marry her sister etc. without observing her waiting period.
(iv) If a Sunni divorces his wife in the absence of two witnesses or divorces her on one of the limbs of her body (e.g. on her finger) the divorce is valid according to Sunni jurisprudence. However, among the Shi'ah the divorce is invalid in both the cases. According to the rule of ilzam, therefore, a Shi'ah can marry such a divorced woman after the expiry of her waiting period.
(v) If a Sunni divorces his wife during menses or when she is fee from menses (and he has had sexual intercourse with her) the divorce is valid according to the Sunnis. Hence, according to the rule of ilzam, a Shi'ah man can marry that woman after the expiry of her waiting period.
(vi) A divorce given under coercion is valid only according to Hanafi jurisprudence. Hence. according to the rule of ilzam a Shi'ah can marry a woman who has been divorced under coercion in the light of Hanafi jurisprudence.
(vii) If a Sunni takes an oath that if he performs a particular act his wife will stand divorced. she will stand divorced according to Sunni jurisprudence in the event of his performing that act, and a Shi'ah can marry her. Similarly a written divorce is valid among the Sunnis but according to Jafariah Jurisprudence divorce cannot take place by correspondence. Hence, a Shi'ah on many a Sunni woman. who is divorced in writing.
(viii) According to Shafai Jurisprudence if a commodity is purchased on the basis of qualities as mentioned by the seller and on seeing it is found that it does possess those qualities, even then the transaction can be canceled under the rule of Khiyarur Ruiyat, Hence. if a Shi'ah purchases a commodity from a Shafai and finds in it, on inspection, the qualities as stated by the seller, even then he can cancel the transaction under the rule of ilzam.
(ix) According to Shafai Jurisprudence if either the buyer or the seller in a transaction sustains loss, he is not entitled to cancel the transaction. According to Ja'fariah Jurisprudence. however, the transaction can be canceled in such circumstances under the rule of "Khiyar ghabn", Hence, if one party to a transaction is a Shafai and the other is a Ja'fari and the Shafai sustains loss and the Ja'fari is not prepared to cancel the transaction he cannot be compelled to cancel it.
(x) According to Abu Hanifa it is a condition precedent for the validity of "Bay' Musallam" (i.e. delivering the sold goods to the buyer on a later date) that the goods sold should be available, but according to Ja'fariah Jurisprudence this is not necessary. Hence, if a Ja'fari purchases a commodity from a Hanafi in the aforesaid manner the Hanafi can be compelled to cancel the transaction.
(xi) If a Sunni leaves behind a daughter and a brother and if in case the brother has become a Shi'ah or becomes a Shi'ah after the death of the said Sunni, then as the daughter gets half of the property of the deceased the rest will, according to Sunni Jurisprudence, be inherited by the brother under the law of Ta'sib. According to Ja'fariah Jurisprudence, however.if the deceased leaves behind any offspring, his brother will not inherit anything from him. Similarly if the deceased has a real sister ,d an uncle from his father's side, but the uncle is a Ja'fari or becomes a Ja'fari after the passing away of the deceased Sunni he 011 benefit in the matter. d inheritance under the rule of Ta'sib (although the rule of Ta'sib is void according to Ja'fariah Jurisprudence). The same orders apply to other cases of Tasib.
(xii) According to Sunni Jurisprudence a wife inherits from out of the entire movable and immovable property left by her deceased husband. According to Ja'fariah Jurisprudence,however she does not inherit from land itself or itself price, but she gets a share out of buildings and price of the trees. Hence, if the wife is a Shi'ah she can inherit from the entire property of her Sunni husband because this is the rule followed by the Sunnis.
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