Ahmad Kutty – Islamic Legal Maximsepisode 04
AI: Summary ©
The third Grand Law of Islamic history is the concept of harship, which is used to describe the difficulty of life. The Sharia law is relaxed and designed to make things easy for individuals, including during fasting and quarantine. Visits to avoid illness, travel, and consuming swine fresh pork are factors contributing to relaxation of the law. Representatives invite listeners to share their own experiences and thanks them for their contributions.
AI: Summary ©
This is related Rahmanir Rahim
Al hamdu Lillahi Rabbil Alameen wa salatu salam ala so you did a mia
you will will Celine.
Bah humbug him or Ali he was a big marine Bisaya surgery worse
surgery Omri are highly regarded assignee of Coco colony.
Brothers and sisters. It's my pleasure to welcome you to another
episode in our series on our inner hamster Cobra, the grand five
grand legal Maxim's
in Islamic rules, in this session we are going to discuss
the third of the foremost grand legal Maxim's
namely, our Masha cadeau Tajiri with tayseer
hardship begets facility
hardship brings ease or facilitates relaxation.
We are going to discuss the definition of this car ADA or
legal Maxim its significance and sources and the authentic sources
of Islam the Quran and the Sunnah and its applications and a few
subsidiary rules inshallah.
First Coming to the definition, let's take the words there are two
important words are Musharaka and the other is a tasty
Masaka Masaka in Arabic means difficulty hardship
to see is making easy relaxing or mitigating the difficulty
this car does say is where there is genuine hardship
that low and tears ease or brings ease
by introducing relaxations.
So, of course,
every obligation you have a duty that we are required to perform
there are some difficulty because you know the laws are against the
whims of the corner soul. So, when we say difficulty here we are
talking about difficulty that
is not normal. That cannot be it's not bearable.
So, when there is a genuine hardship
the rigors of the law are relaxed.
Examples shorten, you're combining prayers during journey this is a
relaxation.
Another example is allow us to use time Moon
using you know ablution, the the symbolic ablution Lee of versal.
And whoa, when water cannot be used due to sickness, or water
simply not available, or water is too short and then you need to use
it for drinking or cooking. In that case, tire mommies is the
substitute.
Now coming to the significance of this car Ada, it's very, very
significant.
As we need to understand that the universe is Sharia is universal.
It is for all times and places is practical. And Sharia is barends
take into account all of the legitimate needs of a human being
of human beings.
Then Sharia caters to the Felicity
and well being of humankind, at our times, Felicity in this world
and the next world.
So the laws of Sharia takes into account the facts of human nature
and life
changing circumstances there are changes in customs and habits.
We're changing life is ever changing. The life is evolving,
circumstances change. So, if the law is rigid and fixed, and cannot
be adapted, then the Sharia becomes not practical. not
universal. But that is not the case with the Islamic Sharia.
There is a built in mechanism in the Sharia, to make it adaptable
to varying circumstances.
So the rule
All forever heritage removal of hardship is buried into the system
of the Sharia. And you can use this based on this rule of course,
there are subsidiary rules
use it in jurisprudence in order to make sure that way there is a
genuine hardship, the rigor of the law is relaxed.
The maxim this maxim are carried
out in Masaka to digital bootay. See, one may ask Where is the
evidence for it in the sources? The answer is it is based on
evidence, the textual evidence of the Quran and the Sunnah, dividend
tradition so the Prophet, here are a few examples Allah says in surah
number two was 185. You read Allah will be common use Where are you
read we come across Allah intense ease for you and not hardship. So
this is when Allah prescribed fasting and then exceptions. You
know when you are allowed to skip the fasting or postpone it.
Substitute for something well Ma Ri COVID Dinniman highridge In
Surah turn this to was ata 78 Allah says he has chosen you. He
has no place no hardship is not there is a mistake there. He prays
no hardship in your religion for you.
Now you can look for Allah who knows some Illa wasa God does not
bother any soul beyond its capacity. That is surah number two
verse 286.
And come into the traditions of the Prophet these are well
attested traditions. The Prophet sallallahu sallam said, I am son
with a natural easy way
or estable Hanifa yet is somehow
an end another Hadith The Prophet said in nama barista Maja serene,
who you all Muslims have been sent to make things easy.
Not to make it hard, but shiru Allah to not feel who is true or
to assume the prophets or a strict order to Muslims is make things
easy for people and don't make it hard. Always give good news, and
do not turn people away from religion by making it hard and
rigid on them. And another beautiful example Hadith the
prophets own example is when his wife Aisha, beloved wife, Aisha
and lo Nasir Bahu, Yura Sula Salallahu Salam by the unready
Elektra Elektra icera Houma, when the Prophet is left to choose
between two options, he will always choose the lesser of the
two, the easier of the two, the most practical of the two.
Now, coming to the applications, there are according though he
wants you to enable Jim rahamallah There lists seven mitigating
situations that call for relaxation of the law and
travel, sickness, comparison, forgetfulness, ignorance, rampant
or unavoidable necessity condition, lack of competence.
Some scores are another eight category namely error or slip up.
No one should no one has to be careful that the above conditions
situations
can only amount to relax the law when they are deemed excessive.
When they are accessing beyond normal, they call for relaxation
of rivers and here are various forms of waste introduced into the
law. Because of this circumstances. Number one is
omission.
Woman while menstruating are relieved of prayer and fasting. So
the prayer is kept out together and the first thing is scattered
but it should be made up later
and decrease in other because of hardship.
There is a shortening and combining operators while
traveling
and substitute
pay a mum Ely of ablutions, hostel or Willow, when water cannot be
used due to illness or
similarly, water is not available or water is too little. And we
need to use it for drinking or cooking.
And in a way, where the law is relaxed postponement,
Sharia allows postponing the fast that is obligatory, the first year
of Ramadan when one is sick, or traveling, and it allows women
during menstruation to postpone it. Even in pregnancy, if you know
fasting would adversely affect their pregnancy, or the baby or
postnatal period of bleeding in this times, they postponed the
fasting to make up for it later on. Thus far, Ramadan fasting I'm
talking about
and necessity, there is another condition that allows for the
relaxation of the law
that allows example is allowing consuming swine fresh pork, in
order if there is no other food available, or drinking wine, if
there is nothing else, no liquid other than wine.
And the way of relaxation in the Sharia is change. The obligation
is altered in some way, like the example of prayer during the in
war, if the form is altered is shortened and altered the
Methodist Church and there are dozens of subsidiary rules derived
from the IDA Arbor chakra to take you live with Tracy, we mentioned
only a few especially that relate to the concepts of necessity and
need number one, a lot or are to be hauled by Laura necessity makes
the unlawful law
the rule applies to emergency situations like somebody starving
to death is allowed to lead to Korean or swine flesh. And also
somebody is faced with a religious life threatening illness or
illness that is very very serious and there is no medicine other
than the medicine containing you know ingredients from pork or
whatever that is forbidden. So, in this case, this medicine can be
used, there is no other alternative. However, to apply the
rule, certain conditions must be fulfilled, number one, the
necessity must be real, should not be imaginary or assumed and there
should be no alternatives available and it must be used must
not lead to another danger equal or greater than the present one.
Finally, while resorting to this car EDA and this one must one
should not excuse this role one should not exceed the limits
of necessity hands another role is prescribed Allura to to cut the
robot factory ha necessity is measured according to true
proportions. An example is a male physician,
of course, female should be treated wherever available by a
female physician, but if she has to go to your male physician, she
he should only allowed to see the affected part of her body for
treatment. No other part can be seen. Number two El Dorado law you
will to have a lawyer necessity does not invalidate the rights of
another person. If somebody is starving, and then he is allowed
to eat the food of another person without his permission. If that is
an extra food,
yes, he can take it but he ought to pay the cost of that food
because otherwise you will be denying the right of the other
person. Okay.
Another final rule in this that we are going to subsidiary rule under
this maximum or Masaka to the jury booth Tracy. This is a rule
mentioned by Imam Shafi Ramallah in our locker rombro is
an opening must be found when the situation becomes extremely
difficult and unbearable.
An example is killing a predatory animal, which has come to attack
the purse. What a while and robot Raja intruded into the house. And
this robber or this animal is threatening one's life and there
is no other way to stop them than killing them. killing the animal
or while and Rober is allowed in Sharia and these are
Are some of the subsidiary rules. May Allah Swan will help us. Bless
us in our pursuit of Islamic knowledge. And may Allah subhanho
wa Taala bless us in our intervals last one author accept all of our
good works. And forgive us our shortcomings according to Holy
harder was tougher reliably welcome was Salam alaykum
Warahmatullahi Wabarakatuh