Ahmad Kutty – Qawaid Episode 09
AI: Summary ©
The speakers discuss various legal Maxim's and coverable qualias, including the use of words like "mmo" and "monster" to describe actions or practices, the practice of dividing a price into installments and deferred payments for death, and the use of lamb in the context of universal practices and law or community practices. They provide examples of cases where people have difficulty achieving obligations due to culture of "they are not allowed to do things," and discuss rules and regulations related to custom work, including work hours, work hours, and contracts. They also mention tour and festival events and encourage attendees to share their knowledge.
AI: Summary ©
Bismillah R Rahman r Rahim
Allah Who Malacca hamdu como I'm Bobby Jalali Where did he go Holly
this will tonic also llevado Salim ala Sayidina whenever you know
Muhammad wa ala alihi wa sahbihi Jemaine, my dear brothers and
sisters so it's my pleasure to welcome you to another episode.
This is the final in the series
of the grand legal Maxim's I'll cover it or Hamza Cobra we have
been discussing the various legal Maxim's and we continue to do the
second part of our discussion on the last of the grand Maxim's or
add about her car.
Today we continue to explain some more details about this car EDA
its applications and the limitations examples for the
applications and some of the subsidiary rules. And with this we
conclude this series later on we may review another series on
the other coverable qualia other legal Maxim's, that's another time
in sha Allah. So let us study this, when it comes to all four
other
is bass used to rule on practices in Islam in the fuck
orphan Radha is used to rule on practices or of individuals or
societies
in regards to issues that are not explicitly mandated by Sharia, as
for those that are clearly mandated by Sharia, orphan either
cannot be applied, because Sharia comes
to abrogate them to cancel them, because they are destructive, they
do not contribute to human welfare Felicity in this world and the
next word as for those that are not contradicted
where there is no clear mandate from the Sharia,
that is the area we all have another can be considered and the
rulings can be made accordingly,
what are found there that can restrict the application of
textiles also,
you know, to qualify, to restrict it or to enforce some
restrictions. So that the purpose is to facilitate you know, II is
in the application of the laws make life smooth, because there
are different circumstances that we as human beings face
and the Sharia comes to bring ease for us, you read the law be
courageous, God wants ease for you. He doesn't want to impose
hardship on you or make life difficult
or can be either verbal or practical.
It can apply to words that we use,
to which we have given some meaning,
which may be different from the linguistic meaning or or it can be
practical related to practices. Okay, verbal refers to usage of a
word or group of words which will be different from its linguistic
meaning.
Or even its meaning in the Quran and the Sunnah, because there are
words used to read the Quran, in a certain meaning. But the oath
comes and gives another meaning to it. In which case, of course, we
need to take into account the meaning of that word the orphan
has given to that the shade the new shade of meaning.
An example for this word that has been used in the Quran in one
sense, but the orphan uses it in a slightly different way than
qualifying it or restricting it. In the word lamb. The word means
meat. In the Quran, the word applies to meat of animals that we
are allowed to eat. It can also apply to fish we catch from the
sea or rake
but when it comes to earth,
also may exclude fish from it. So in a country
When the US lamb,
you know, they mean only the meat of the animals that are slaughter,
not fish. So therefore, because of this change in meaning the
application of the, the connotation of the word lamb, if
someone was to study would never eat wheat,
he ought is not broken if he were to eat fish, if in that country in
the usage, the ham means doesn't include fish,
what is not another word in the Quran is word.
It includes both sons and daughters, but orful may use it
exclusively for sons, male children, and therefore, if
somebody sets aside something or is valid,
then of course, it is it doesn't include daughters.
So, strictly it is for the son, practical or of applies only to
universal or widely acceptable practices in a community.
An example of practical ORF is the practice of dividing mother, which
is the bridal gift that the husband ought to give or his wife
is mandated by law SWANA what Allah in the Quran, so there but
there is a practice of dividing it into two types, two installments,
one installment is payable at the time of contract, and another
deferred payable later at the time of the rules for death. So, all of
us this is acceptable,
or can either be universal, applicable to our Muslim
countries, or just applicable locally to a specific country or
region.
An example of a universal pre applicable, Orpheus akkada Salam.
This is a type of sale in which the price is paid, while the
delivery of the goal is postponed.
This was practiced in Medina and the Prophet sallallahu alayhi.
Salam, when he migrated to Medina, he allowed it to make life easy,
although it goes against the prohibition of sale of goods that
is non existent at the time of contract.
Okay, but an exception is made. And that is Oculus. Salem, the
author of this sort of a universal to all Muslim countries, where
they allow this kind of, you know, say,
example of a locker or have in the practice of building in some
countries, when you have that first child, the practice that the
feast of Aqeedah Kike is more the cost of which is borne by the
matted and grandfather.
This is practice in some countries. So, of course, it can,
you know, in that country, it's applicable, but it's not so in
other countries. Another example, according there is a lot of
traders, for example,
that if somebody buys something from them, the seller, those who
sell that product,
they be the cost of the delivery of the goods. So if that is the
oath, and that oath is binding on the people who engage in that
trance in that specific country, but it's not applicable to another
country where the practices that the one who purchases must be at
the cost of the delivery.
Off can operate in multiple ways within the legal theory.
For example, The first example is or can qualify a general text.
For example, the maintenance of a divorcee a woman who is divorced,
and she's spending time and ADA. Of course, it is upon the husband
to maintain he has he owes to her maintenance. Now the amount of
this maintenance is less is not specified in the Quran. Look at
the verse in Surah Leofric the society society woman could rally
this powerful young man Mata Allah. Now you can live Hello
Sir John, Hola, Hobart, Austria Nusrah. The wealthy shall spend
according to his means, and he whose resources are rich
stricted shall spend according to what God has given him, God never
burns a soul beyond what He has given it, God will bring ease
after hardship. So, the was mentioned it does not specify the
amount of maintenance. The study leaves it to the custom to
determine.
And this custom determines the intended meaning word the word may
have different linguistic connotations. We have already
given the example the two examples, Ram in the Quran useful
to include all kinds of meat including fish, and what are the
in the Quran use for offspring male and female, but the old comes
in restricted. In the case of lamb, some countries lamb means
just it doesn't include fish, and water
just to include only male children.
Another example is custom determines the term of the
menstrual cycle. You know,
when in doubt, refers to our custom, or also Imam Shafi. He
made a sticker research about how many days usually women mistreat.
But of course, this is not applicable now, where scientific
knowledge of menstruation is far advanced. So there is no need for
us to make this guesswork. Of course, we may have specific
information, what kind of blood is considered, you know,
menstruation, and when it is not considered, of course, in that
case, we may have to go by the scientific determination,
otherwise custom, it can determine that
order for custom, however, cannot contradict principles established
categorically by the tests.
For example, if the order of in some countries and cultures is to
disintegrate in her it females so that no inheritance is given to
females, it has been the customer in many countries, even Arabia,
when Islam came, Islam came to declare that women have a right to
inheritance, they wouldn't have the right to own property and
things like that. But if the orphan What country is in culture
is to disinherit your females, it has no validity in the Sharia. And
that orphan is not taken into account, because no one can take
away the rights that Allah has given for a
date. The same applies to customs in some countries. And you know,
there is the current practice of enforcing dowry due on the woman's
family, that when a boy comes to America, they ask how much
jewelry, you know, they will give this bowl and of course, big, big,
and because of this, because it's such a obscene amount of demand.
And many women cannot get married. And oftentimes, it also leads to
all kinds of harm and abuse of women, because they produced they
fail to produce that dowry. Islam prohibits that dowry, which is
demanded by the husband from the woman and forces the door the
bridal gift, which is a mother, which shouldn't be given by the
ball to the girl is Mary. So, this corrupt practice of dowry you know
is not cannot be enforced to Sharia.
Now, I will finish by mentioning a few subsidiary rules there are
others there is no need for us to go into all these details. And
this will give us
a picture of what these are other back cover means.
Number one is, is tomorrow NASA when you send your people is a
valid proof.
For instance, if a Osby to help him and making a deal
and he helped a to make that deal and it went through then the B has
a right to demand a payment for the service. If the custom
dictates if it is the custom in a particular building or culture
that anyone who makes a person for insurance real estate, he there
you ask somebody to help him get the deed. The real estate agent
had a right to that payment. You know if that is the customer
another example if a hires be to work for a day
And you're okay you will work for a day or two or three four days,
that time and the work hours are determined by reference to custom.
So, if he has worked eight hours it cannot say I hire you to work
while one full day and the full day is 12 hours or 24 hours No, it
is determined rough left to the custom.
Again another work for most hubs, books and educational materials is
valid based on custom, although initially the workflow is
something that didn't last thing.
So, an exception now custom comes and is yes, you can make a work
for books or vice versa have educational materials, computer
computers, devices, you can make it to work even though these
things are can perish, they cannot last long.
Number two Another rule is original meaning of hard work can
be waived in favor of the universal custom against
for example, if someone was that he will not eat from a particular
tree
Although the original meaning is the tree the metaphorically it
means it refers only to the fruit from that tree
sorry, that even though the original meeting is canceled, by
the usage, the metaphor metaphorically if this statement
means that the fruit from that tree
likewise, someone was never to put his feet in someone's house.
It includes if he learns, if he comes there with the with the
helicopter and is sitting in the helicopter inside the house, he
did not put his feet inside still you know yeah, he has entered the
house even though he he didn't put his feet inside.
And another rule is writing is as valid as oral expression
for insurance if a right to be I sell such and such house or
property with specifics and be confirmed the purchase in writing
transaction is complete even though they did not express it
verbally no word article verbal articulation is made if it is
everything done in writing and concluded in writing is as valid
as a normal job and COBOL does. Now, another rule what is known by
custom is akin to a contractual obligation
in other words
Remar Ruffo, orphan Kariba Shruti shorten
that is the phrasing of it. So, what is known by custom is akin to
a contractual obligation in other words, what is recognized by
people in the transactions is considered as binding contract
unless this made an exclusion if a purchase or merchandise in a
country buy certain currency from be me cannot demand payment in
another currency.
So, if it is in India, yeah he has a right to demand rupees
he cannot say you pay me in Canadian dollars, unless at this
time of contract that was the agreed upon
if a father gave his daughter a gift Jahaz at the time of marriage
or sending her away to husband's house gave her furniture or
whatever computer or car and the later father comes it was given us
alone simply it is not a gift
dispute must be settled by reference to the custom.
How the custom
what is the custom in that specific meal use of a creature
if it is given as a gift, usually, then that custom rules and the
father has no right to demand.
Finally, rules can change according to circumstances. Data
you refer to a bit of a URIs. The money will makan
Porter since initially paying for religious services was considered
undesirable or around but the cost
Some now, because these services are variable.
It's so fun you know, these services cannot be rendered
unless a payments are made because they have to make a living. So
paying for religious services of Imams was ins, T teachers of the
Quran, marriage officials is allowed by custom is the customer
made it rendered it permissible and that is okay. The Prophet
salallahu Salam initially prohibited writing down traditions
because there was a fear of people mixing on the map, at least with
the Quran. However, after his death, there is no such fear. So
the custom sanction did after the total profit, they started writing
down the traditions and in this way, Hadith was preserved.
So, in sha Allah may Allah subhanho wa Taala help us to
enhance our understanding bless us in our understanding and practice
of this beautiful religion. And may Allah Spano Tata for forgive
me, if I have made any mistakes in my presentation, I will read this
wall kufr three modules, I will also request everyone Inshallah,
to make you share this beneficial knowledge because by doing so, you
will start to gain rewards from Allah subhanaw taala thereby we
will join the caravan, the links of the transmission of Islamic
knowledge going back to Rasulullah sallallahu
because believable only will require time transmit this, this
knowledge from me even if it is one IR or one tradition that you
can pass on
and inshallah with this we conclude this series, and we may
come back with the second part another part dealing with our
courier Kalia and we will announce the time
later on inshallah. Akula holy ha That was tough. Rula you will have
come superhigh Nicola Moby Dick Nisha
festival Foucault autoboot Lake, Glory and Praise be to Allah. Here
we are with us there is no word but you. We ask forgiveness of you
and return to you. Intrapreneurs Salam alaykum warahmatullahi
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