Ahmad Kutty – Qawaid Episode 09

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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