Ahmad Kutty – Islamic Legal Maximsepisode 04

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