Ahmad Kutty – Islamic Legal Maxim Episode 5
AI: Summary ©
The importance of history and the source of legal Maxim's is emphasized, along with the need for clear evidence and a clear understanding of the Prophet's teachings. Different rules and regulations related to Islam include Moore's Law, the use of Moore's Law, the importance of Moore's Law in shaping behavior, and the use of Moore's Law for actions. Different rules and regulations also apply to Islam, including multiple rounds of taff, multiple rounds of tafe, and the need for proof of death. Different subcategories of information and proper documentation are also discussed, including the rule for drinking alcohol and the need for proof of death.
AI: Summary ©
Bismillah R Rahman r Rahim
Allah Muhammad Al hamdu Docomo Yun Bobby Lee Jalali What did he cover
as a whistle tonic will also live on a salary more or less a union
and Mohammed Nabi Lamine while he was familiar to marine
bistra he said of us really Omri who are Hulu Roku the tumultuous
honey of covering my dear brothers and sisters. It's my pleasure to
welcome you to another episode
in our
series on the grand Islamic legal Maxim's and we are in the fifth
session
and in this episode inshallah
with the help of Allah Spano, Tala, we are going to discuss the
second foremost of the grand legal Maxim's I'll cover your hamster
Cobra,
namely our yellowtail hula Zulu shuck.
So, Trinity cannot be overruled by doubt.
You cannot put set aside something that is certain as an established
fact,
because of a doubt that arise,
this is a very, very important role.
And in this episode briefly will speak about the sources of this
role
significance applications and some of these subsidiary rules of
course, this is not an exhaustive discourse. For that we may have to
go for other sessions or consult other books.
The question
the source of this doctrine.
course if you look at the Quran,
you will see one thing very clearly stated. Quran makes a
clear distinction between truth and falsehood.
trotted just transpose to conjecture. Of course, conjecture
speculation is not a substitute for
in alumni law, you wouldn't even have hackish law.
So when a Muslim is faced to choose between truth and
conjecture,
we ought to go for what is certain, the truth
we should not leave the truth
to go by conjecture or speculation
is a dangerous thing.
And another point that we learn from the Quran retreated
throughout
is that
the fate to be valid must be born of conviction.
Ma rocker of your current Eman ma Walker
was the whole so therefore our remainers callers some of them may
not agree with that. But this is the sound position. It will save
us from
from many of the superstitions that have been crammed crept into
the Islamic acleda believes
cradle points must be based on form evidence, evidence that are
in convertible that cannot be contradicted
clear text of the Quran and Claire's tab, which establishes
clear meaning
there is no two opinion about it. We cannot add
a tenet of faith and claim it as part of the Islamic Aqeedah unless
it is established by clear evidence.
Scholars also made a distinction between categorical evidence that
is coppery and Lennie speculative evidence and of course their
hierarchy approach established in the Islamic methodology.
It starts off by making a distinction between mutawatir with
a watery that had been transmitted through overwhelming narratives
and chains of transmission
and those which are not
you know a lot of confusion arises when we study Islam.
We find so many things that are against common sense in the so
called reality. So we need to understand that we should not go
by this quality and learn the facts are learning inferences. And
Lee what is cutter? Cut a guide which is established by
incontrovertible texts with certain meanings
As opposed to those which are based on probable texts, you're
not matawa there, aha. So it's not our certain and the meetings can
also be probable, there is not. So we cannot go by them.
The meaning of this rule or a akinola, your Zulu Bishop.
Subtlety cannot be overruled or set aside because of a doubt.
Let's establish by clear evidence of the Quran and the Sunnah. The
last one authorization Surah 10 verse 36. Well, Maya Tabby oxido
Mila Alana in alumna uni mineral happy Sharia. In Allah it will be
my of our own. Most of them follow nothing but conjecture.
But conjecture can be of no value a tall against the
board is well aware of what they do it another place we read omalo
Whom behave in
a manner well in other nulla you wouldn't even Iraqi Shia,
reiterating the same fact. They have no knowledge they're off,
they only follow assumptions and conjectures and assumptions are no
substitute for
the Prophet sallallahu wasallam say thereby Rebbeca Jamahiriya
book, when in doubt, rely on what is searched and stick to it.
Provide explain how to practice this is that if one of you feel
something upsetting in your stomach, and doubts, if anything
has passed, when
14 He should not leave the mosque until he either years or smell
some tea. So of course, you cannot the certainty is that you are in a
state of purification. And the doubt creeps in whether you broke
it. So you should not because you feel something upsetting in your
stomach. You should not go get carried away by the doubt and
leave the masjid and perform Hello, act on what is
another example the Prophet mentioned it what is praying is
praying looking for insurance or Asia and he doubted whether he
prayed three or four. And the Prophet said he should cast aside
doubt and burden on what is sure he sure the circularity is he has
already prayed three because he's doubting whether he prayed for so
based on that sexuality, he should
make.
This chi akinola your Zulu Bishop is widely
applicable. It applies to E almost every chapter.
According to humans, UT the particulars underlying this rule
make up three four out of all of the legal rulings.
I will mention only few examples.
In the area of purity for Hara, which is a very important chapter
concept in Islam in the acts of worship, and otherwise, a person
who has performed Hulu is certain that he knows well that he clear
that he performed below, but he doubts whether he broke it or not.
Now, he should deem it will do as valid based on that prior security
and it is certain that he has broken it.
In Salah your person doubted if you prayed three or four, you
should pray another raka based on the circularity that he already
prayed three.
In the area of fasting, if a person knows whether the sun has
set, he should not break his fast until he sure that sun sun has
set. Likewise, if he doubts
he didn't have a soul or any doubt whether dawn has arrived, he may
eat, continue to eat until he's sure that the dawn has arrived.
Like was in hedge if a person doubts whether he performed four
rounds of tawaf, which should have he should have performed seven, he
doubted whether if he performed six or seven, then of course, you
assume that here performed six round and he should add another
in the worse some that people doubt whether they have divorced
their wife or not. Of course that doubt
should not cancel that circularity factor that is buried, right until
the proof is established otherwise,
in transactions if a person also made an amount, that's a certain
fact, but later he doubted whether he repaid there is no
documentation in that case, a should deem a that he's in still
indepted and the document or evidence is proven that he has
already paid off the debt.
There are subsidiary rules to this. So many I will mention only
a few of us sort of lucha libre. This is a very, very important
concept.
Every one of us should know this, because it will save us a lot of
frustrations.
Permission is the rule. Prohibition is an exception,
there's another, I'm learning that that the Quran tells us that only
God has the right to prohibit things. Of course, Rasulullah
sallallahu wasallam explains it further. So everything is deemed
permissible until proven otherwise.
This applies to all areas except the areas of worship
in areas of worship. Now, your body will now be Bashara. You
cannot worship Allah subhanaw taala by inventing innovating new
methods of worship. But when it comes to areas of Mahamudra art,
now,
this is the larger aspect of of, of our life.
You know this rule applies permission is the rule prohibition
is foods, drinks, plants, fruits, greens and seeds that are
considered harmless. But of course, if, if we just proven that
a certain plant of grain or seed is harmful, we should not use it
inventions discoveries, customs of dress to score. Many people think
that for a Muslim woman, she cannot be observing the job unless
she put on our buyer saw their top women wearing trousers and pants,
the lose as long as it's modest, and fulfill the conditions of
required modesty, requirements of modesty. Of course, Islam did not
come to create these are customs, the customs of dress go by the
crime culture. So there's free food habits means of
transportation tools and instruments that new forms of
transactions and medium of communication are all permissible
as long as there is no text prohibiting or approving
otherwise. But as long as there are no pro proven harm or
destruction caused by them.
This learning this rule would save us from loads of confusion in this
crucial area.
Another subsidiary rule is also no Bara to them.
This means a person is deemed innocent until proven guilty.
Humans in Islam are deemed free of liabilities.
No so anyone making an allegation are going to regress the person
must produce proof otherwise, the person is vindicated is innocent
segment
number three Another rule is bakau Makana Allah makan
if effect establishing the past shall be deemed as continuing the
same way
until the country's proven examples a person leaves home and
there is no address.
Now, can we simply because assuming that he died
distributaries inheritance No, he will be deemed alive until we have
clear proof of his death.
Another
example is a property that belongs to someone
documentation is there is established, everybody knows this
property belongs to and so so and so. Now, if a dispute arises,
whether it has been transferred to another person or sold to another
person,
you cannot simply make that claim based on a conjecture without
proof. So until there is an evidence proving otherwise, this
property belongs to the person who had it in the first place.
Now why for claims there has been devotion in deathbed in order to
disinherit
her claim shall be vindicated until those who dispute our
statement produce evidence to the contrary, that the evidence the
will did take place while he was still healthy. It will
was not with the intent of this big disqualifier for.
Finally, there is another important subsidiary rule, ascribe
to the same paradigm European lawyers Zulu wish.
Sometimes this is on the internet
law you will your sub circuit in power, one cannot attribute an
opinion to someone who keeps quiet. This is a rule which is
often used by those who condone injustice. Because the Quranic
mandate for us is very, very clear. Guru Awami shahada
Mr. Kumar means turned up again in the gate, co2 avala was what never
shake or forfeit this responsibility of standing for as
witnesses of truth and justice. So we have a duty to work strive to
remove corruption, justice is tolerable. But someone may absorb
the responsibility by rationalizing the behavior by
abusing the ABA role as changement is made, that is unjust and
corrupt, and you are there and you don't speak up.
Of course, he cannot excuse himself by saying lie on sabula
Saturday because you cannot attribute a statement to somewhere
or keep it quiet. The school has realized this danger. So they call
if I added another qualification, you see how careful they are.
The qualified this abou rule will rockiness sakuta Femara Hi hija by
our keeping word when one should speak up amounts to a statement.
So a scholar who keeps quiet when a corrupt statement is made,
cannot excuse himself cannot get away.
He also a perpetrator because he should have spoken up. He could
have clearly objected or made a statement disapproval of that be
the last one or they'll help us to benefit to seek beneficial
knowledge and male lion. Through this beneficial knowledge. May
Allah help us to enhance our understanding and practice of our
beautiful region Akuto they are the worst of learning welcome.
Salam alaykum Warahmatullahi Wabarakatuh