Ahmad Kutty – Islamic Legal Maxim Episode 5

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