Ahmad Kutty – Al Qawaid episode 07
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Bismillah R Rahman r Rahim
Al hamdu Lillahi Rabbil Alameen wa Salatu was Salam ala so you will
be or you will be serene Muhammad Anwar Ali was somebody the Marine
bisra disagree with Emery will rock with the temerity sorry of
cold calling
along my limb no my own phone our foreign out of the mouth was Omar,
you know that teach us that which is beneficial for us and bless us
in the knowledge of granted us and increase our knowledge. It's my
pleasure to welcome you to another episode in our series on the
grand
legal Maxim's in Islam, and a wider Hamza Cobra. And today we
are going to discuss the fourth car ADA
for the legal Maxim namely a lot of user
harm must be removed.
Then we will discuss his definition and meaning
significance. So sources and its applications, followed by some
subsidiary rules inshallah.
Coming to the word Allah us.
It means that the harm must be removed.
Lara, Lara means harm. Usar means
to be removed,
so harm must be removed.
It has been variously worded
as loud Lara, what are
the meaning is the same. This is a prophet ik statement, a tradition
from the Prophet Lara, there shall be no inflicting of harm, whether
there are or reciprocating harm with harm.
In other words, one must not cause harm on oneself. Or others, Laura,
whenever there are means
if somebody's harmed, he should not reciprocate harm with harm. Of
course, he has the right to go to the court to get the justice
through the proper channels. He should not take the law into his
own hands.
Now coming to the significance of this rule, many many scholars have
said this rule applies to many, many branches.
Based on this scorers continue to derive rules for circumstances
where there is a harm whether you know An example is oftentimes
in a patriarchal society where men dominate women and deprive them of
the rights. And they hold women as prisoners without giving them
divorce.
freeing them from the bondage of marriage. Of course, in that case,
the law can tap in
to remove harm, and then granting that woman that divorce. So
eliminating harm is one of the major principles of the Sharia,
according to our scholars, like an exhibit of the salam, who is known
as Fulton Roma, and he wants Chad to be the great Ordos in Colorado
called Maasai and Maqasid. These scholars say the Sharia is the
sole purpose of the Sharia is to enhance human wellness. Masala
hula bod. How does Sharia do that? By enabling human beings to
realize what is good and beneficial, and helping them to
guard against that which is harmful, that which is destructive
for them in this life and the next life? So Sharia caters to the
ultimate Felicity and happiness of human beings. Therefore, removing
harm.
Removing the pain and suffering is one of the objectives of the
Sharia. I does it either by preventing the harm before it
occurs, or by removing it whenever or wherever it occurs.
Now, coming to the question, where did we get this rule that says is
this an invasion of jurists?
Based on their opinions? No.
On this is grounded in the form sources,
the basic sources of Islam which is the Quran and the Sunnah of the
Prophet, so Laos,
while speaking of the words Allah says, way that Aleppo Nyssa barang
La Jolla, Hoonah pharmacy Cohoon Remy Ma Ruth. Oh sorry, who who
not be my roof? Welcome suku who number r&d Tata do Omonia falda
Rika Sokka does Allah Manasa
when you divorce women and they have reached the term,
either retain them amicably or release them amicably, but do not
retain them to hurt them and commit aggression, or when you
fall galica facula Minh of so whoever resource to harm
you or resource to harm in order to force women in order to oppress
them, Taka development of so he's robbing his own soul. In another
place. Allah says the same, you know, it's the context of divorce
as kin Oh no, I'm in Hazel second, when would you do come? Willa to
La Runa. Literally, you're calling him now. Allow them to let them
live, where you live according to your means, and do not harass
them, to force them out to make things difficult for them and then
force them out of the house.
In another praise coming to the came again divorce involving
children,
not to Lara valley that to me, what are the what are my who don't
know who we already know mother shall be harmed on account of her
child, and no father shall be harmed on record of his child.
Now coming to the traditions of the Prophet, we are only
mentioning one of them. There are other examples where the Prophet
salallahu Alaihe Salam has implemented this rule. The Prophet
salallahu Alaihe Salam said, Now Laura, what are the law.
So, some scholars prefer to use this wording to indicate this rule
the golden rule, there shall be no inflict of harm or reciprocating
harm, but harm is not allowed.
Now, coming to the applications of this car EDA this rule
first of all, there are two aspects to this rule number one is
one must never harm himself or others law Lara using of example
is if using water is deemed harmful for one's
health, aggressive aggravating sickness and the physician advises
against the use of water, then one should not use water, and instead
he should resort to thermo he or she should make to move.
Now, another thing is
one must not harm others. Now there are a lot, Laura, another
aspect of it is one must not harm others.
One I don't believe is to open a gutter from one's house so that
water flows to the pathway of the people. This is not allowed. This
is a larger
and bigger role in the party of the people.
When they fall into that way
of doing something or prevent air by you know, creating a big screen
that prevents you know, air passage to the other day
neighbor's home. All of these things are using a vinyl cooler
and peep into the inside of somebody's the neighbor's house or
have these in water and is don't be it will not be tolerated in
Islam.
Another example is a seller cannot sell a defective merchandise
without disclosing the defects.
Another example, very very important.
People get married. It's important with if the boy or girl has some
medical challenges a serious one, a minor one is not included here
is serious medical challenge, then it should be disclosed the
guardian or if the Guardian is not involved. Of course, they
themselves should disclose it to each other. Otherwise, it's
inflicting harm. Likewise Another example is suppose there is a
village and somebody wants to move into that village a new comer.
They haven't Alright,
to stop him
because saying that we don't want to talk with him as our neighbor,
no, this is inflicting harm. Now, Laura
another law what other are means, as for reciprocating harm with
harm,
if somebody hurts another person and that person is not allowed to
reciprocate the same
he is allowed or to seek justice to the proper channels. And
example is somebody breaks into a car, you're not allowed to break
into his car or into his house, if you break into your house are not
allowed to break into his house. You are allowed to go to the court
and seek justice, reciprocating harm with how will make the
situation worse.
We are not allowed to take the law into our hands. There is no room
in Islam for something called street justice. People you know
take the law into their hands and inflict punishment or the
aggressor.
Subsidy subsidiary rules, there are many rules subsidiary rules
from this grand Maxim Parida. We mentioned only a few of them, a
lot are all uniform other in card harm should be prevented as much
as possible.
An example is a farmer leases a piece of land
to grow to farm,
and the term of the lease expired before he could harvest his crops.
The law is Islamic law demands that the law will remain in the
hands
of the lessee
until he could harvest the crops. But of course he need to pay
something to compensate for the lessor for whatever
for his loss. He could have rendered to somebody else. So he's
losing something so we need to compensate for it. We need to
compensate for it. But the land will remain in his hands until the
harvest is complete. And under the rules, subsidiary rules, a lot of
Rula users will be Laura. One harm should not be repelled by another
hub removed by another hub. If somebody someone opens a store in
a small in a more shopping bar, luring the customers he has a
better way of exhibiting or whatever he uses some legitimate
means to get more customers. Can the other shop owners who is
losing their sales because of this intruder, are they allowed to stop
him no. Because harm should not be removed by another arm.
Tom Marula or hustle read of the Hillary law
personnel law
should be tolerated to prevent the public harm.
An example is an ill trained physician must be stopped or
someone a fake physician must be stopped, like a fake Mufti should
be stopped. Somebody ill trained
because to protect the public good.
Likewise, government can fix the prices. If you know the Boehner
polarisers
you know, they want to increase the price and the public is hurt.
So government can step in to fix the prices. In order to safeguard
the public interest number for you tomorrow I have full rein what or
you can work like this. The Himuro a hustler reign in the lobby
HIPAA, a lesser harm is tolerated to prevent a greater harm.
A person with a wound should not make prostration if it causes
bleeding, instead, you should make gestures.
Based on this ruling, we can also infer you know we have this
situation in North America. We are in a non Muslim majority million
Muslims are minorities. And oftentimes the opportunities for
women to get education to socialize is only the most because
wherever they go, is a different milieu altogether. So here is the
situation.
And women who are while menstruating
Are they allowed to attend the mosque?
The ruling is yes they can, because based on this carry the,
that your Tammela have full array down, you know the lesser of the
two evils should be tolerated. To prevent the greater harm, the
greater harm is if we stop them if we prevent them from coming to the
masjid, we are depriving them of their opportunities or low madrasa
mother at the school. Women are an essential the other part is we are
two parts, men and women and we must be partners in this struggle
to realize good in this life, so we cannot deprive them of their
opportunities for education, socialization, so it's allowed for
them to attend. Of course, they have to take all the precautions
so that to prevent soiling of the mosque.
Another rule is that all Mufasa the owl in general, as far as
working evils or harms have priority, or what presumed benefit
achieving pressure. Allah's one author says this is a very, very
important concept. Muslims are living with other religious called
Christians and Hindus and Buddhists and others. Are we
allowed to make fun of other religious religions are people
practicing other religion practices know Islam does not
allow us to do that last one. Oh, Teresa Walter. So buleria, the
Ottoman doula for some biller who on the way, do not more Koskoff
those who call upon the 80s other than God, less the more Koskoff
Allah out of ignorance. So, we want to prevent the greater harm,
even though they may be perceived benefit to promote Islam, but we
cannot do that by putting down others scoffing others, insulting
others, or depicting others and just they do the they make a
caricature of the Prophet sallallahu they call it you know,
freedom, this is not freedom to prevent greater harm, this kind of
practices, Muslims cannot reciprocate this by making a
caricature of other religions or other symbols or whatever. Now the
biller This is not allowed in Islam, because we are governed by
this wonderful Sharia, which is intended solely to bring benefit
for humanity, ultimate benefit, happiness and Felicity in the goal
of the Sharia. May Allah subhanaw taala blesses to understand the
wisdom and the rationale and the consistency and coherence of this
divine laws and to understand it, so that we can practice it and
make constitution condition better and better every acquittal call
the Hydra one stuff we would like to welcome was Salam alaykum
Warahmatullahi Wabarakatuh