Ahmad Kutty – Qawaid Episode 08

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