Ahmad Kutty – Qawaid Episode 08
AI: Summary ©
The speakers discuss various legal maximums in Islam, including custom, arbitration, and sharia, as well as the use of words like "can" and " evils" to indicate negative emotions. They also mention the importance of culture in sharia and the use of sharia sharia. The community's decency and fair living standards are also discussed, along with the use of handcuffs and mask as a sign of safety.
AI: Summary ©
Rahman Rahim
Allah homological hamdulillah Anamika Lima wa Reichert Asuma
when you suddenly want to say more so even out wherever you know
Mohammed, and maybe you Lamine wala Ali was a huge marine from
bisra recently were still young, very raw rock with a thermal
rissani of Coco coli.
My dear brothers and sisters, it's my pleasure to welcome you to
another episode in our series of
discourse on the five grand legal maximum in Islam, and our Hamza
Cobra. And today in today's session and the next one
Inshallah, we will discuss the fifth most important legal maximum
in Islam, namely, Adam or her karma,
custom can be the arbitrator, custom is decisive, it can be a
judge
of course, in matters that are not regulated by text.
Today, we will discuss the significance why this character is
important and the meaning and definition and the sources
from the Quran and Hadees and the examples from the sources to show
the importance of this chi ADA inshallah.
The chi, this chi dal either Maha kkOma that custom pay the judge
custom is the decisive arbiter
means that customary practices of people whether actions or
statements, can be a deciding factor in the absence of specific
texts. Of course, in Islam, we cannot bypass the clear text.
If the text is clear and decisive, we must abide by it.
So this rule applies to actions and statements customary practices
of people.
And it can be taken as a judge decisive in determining and making
a ruling on matters which is not covered by tax, or even in case of
a general text, there is a general text, then customer practice can
be used to restrict its application qualify its
application or limits its application.
What this shows is the dynamic nature of Sharia,
that Sharia is not something stagnant
it can be adapted to changing circumstances to meet the
challenges and issues we face. In real practical life.
There are two words we need to understand to understand this car
either this legal Maxim a car either
one of the greatest five, great legal Maxim's two words are
important one is all of the other is either
sometimes some scholars use it in the same sense, but many scholars
differ in their precise definitions. One day use earth
according to the role of refers to practice of a large group of
people majority for instance, of whereas other refers to the
practices of a specific group or community or individual.
Other is defined as recurring thing without rational and
irrational Association.
Recurring practices, acceptable to people of sound nature
or of is defined as the verbal or nonverbal habitual practices of
the majority of people within a community.
Of course, all of this will be discussed in detail in the next
session Inshallah, they were all fish tied to the Quranic concept
of maruf.
Which is one of the cardinal principles or imperatives of, of
the Quran, that which is considered as commonly good.
Can we also use good custom good practice?
The Quran enjoins the Muslims
How to come on my roof. That which is good and for big bad which is
Moonga or evil
that OMO alta COVID. Co Mattoon the owner of higher oil Morona
Wilmont roof when Hold on,
this is an imperative.
Allah also orders this messenger in another place in surah. Seven
was 199 Call the Alpha o mobile earth wire designer jaggery take
two part any meaning excuse people and part of the for the slipups
for their mistakes and joy in what is fair and right and turn away
from the ignorant
it's clear from the elbow that it is a revelation
and not reason that determines what is good and bad.
It's not actually urine they are not actually urine they are they
are sorry, it is the SRA in the low GI where is the revelation
that would tell us what is good for us and what is bad for us. So,
we are not talking about customs, which has which is not approved in
Sharia. As such all of is acceptable only when it does not
contravene or contradict any of the principles of the Sharia.
Now the sources were aware the scholars have
their evidence in the sources to accept to adopt this car either as
one of the
principles or rules for interpreting or applying or, or
bringing out new rulings for the changing circumstances. The
following examples
can are taken by scholars as evidence that customers are often
either
our acceptable sources of the shittier secondary sources of
tissue.
The last one our data says about the rights of women while Onami
solely on a human level models and women have rights similar to their
obligations according to what is fair.
The worst leaves it to the fair standard of decency in the
community.
So it is the fairness determined by the community. In another eye
allows one author says law you offer the common law who belongs
where your money come. We're lucky in your local market to laymen for
California to that arm wash at MSRP in our city motto table li
como Cusco God will not take you to task for that which is
frivolous in your oath, bots. But he will take you to task for the
odds, your pledge in earnest
expiation, they're all a the feeding of 10 Indian people poor
people with the equivalent of that which you feed your own family or
clotting dumb
because leaves the measure of the standard of living and practice in
each community, to the standard. The statements and the standards
and practices in such matters differ from culture to culture,
and country to country. They also vary according to the standard of
living of individuals, the middle class family, the upper class
family, and the standard the Kraft family below that. So it varies
from individuals, families and communities.
Another example from the tradition of the Prophet is in the wife of
Abu Sufian, Royal Loulou came to the Prophet complaining about her
husband, that above Sophia is a backheel is a stingy person. He
does not provide for the family sufficiently enough to support
them.
So she is forced to take from his world without his knowledge that
the Prophet said she wanted to ask the Prophet whether it is allowed
for her to do so the prophets replied Yes, take from his wealth
in fair measure, as much as it is sufficient to support you and your
children. So the Prophet Sal allowed some left it to Hilde to
decide how much she can take based on their living standard
that is acceptable in the community at the time.
In
Yet another insolence instance. You know this is a case where
overworld tabula are no wonder to make an endowment, whatever
wealthy acquired in Hiber. He wanted to set up an unknown when
they walk in the Prophet said to him, you know, when you do that
the manager of the trust the work is allowed to support himself from
this the income, the yield, according to fair standard and
measure. So here again, it's clear that the Prophet sallallahu
wasallam allowed for the custom and the orphan to rule
to decide what is fair.
Scholars also cite another tradition from Abdullah Massoud.
This is not a direct statement of the Prophet and without Islam, but
a statement of Abdullah Al Massoud, and it is understood that
when the Sahaba like Abu Hamza Masuda prominent Cambodian, makes
a statement like that is even based on his own opinion. So he
has precedents for that. He has inferred it from the practice or
the statements of the profit and loss statement is very important.
He says, As reported by Ahmed were humble rahamallah, former Muslim
owner Hassan for
whatever Muslims consider as good, it is good in the sight of Allah
small
liberal Masuda was referring to the practice of the companions of
the Prophet,
for instance, who chose a woodworker as the first character.
So he meant to teach us that whenever pious believers here a
Baja general Tsar pious believers like them agree on a course of
action, it can be considered as good for the entire Muslim
community cannot conquer on an evil course of action.
The Prophet sallallahu sallam said that as I wrote over to minority
law he did
lie alone room and have no room there will be a group of my
community always rather informally to the group, there will not be no
the opposition or the people, those who want to oppose them will
not be they will not be deterred by that. So brothers and sisters,
here is the first of the episode.
We have already discussed the meaning of this and the sources
and some of the examples from the Quran and Sunnah. In the next
episode Inshallah, we will apply some of the qualifications,
applications find out other applications and also the
qualifications and some of the other subsidiary rules. May Allah
subhanaw taala Bressan to benefit from the sound Islamic knowledge
so that we enhance our faith and practice of Islam of Guru kolyada
Whilst Aphrodite welcome was Salam o Alaikum Warahmatullahi
Wabarakatuh