Ahmad Kutty – Qawaid episode06
AI: Summary ©
The definition of a "car ADA" or legal maxim is related to the legal maxim of difficulty, which is a consequence of hardship and comes from the court's history. The importance of evidence and the sharia rule in the court of law is also discussed. The Sharia is used to solve problems and avoid injuries, such as coronavirus and flu, and is used to avoid waste and waste management. Different mitigating and practical scenarios that can lead to relaxation of the law and sickness are discussed, including error or slip-ups, waste and poor eating, and the need for regular prayer.
AI: Summary ©
smell like Rahman Rahim
Al hamdu Lillahi Rabbil Alameen wa Salatu was Salam ala so you did a
mia you will will Celine
bah humbug him or Ali he was Samia Jemaine Bisaya surgery worse
surgery Omri or have a look at the terminal assignee of Coco commonly
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 so many diverse waters, in this session we are going to discuss
the third of the foremost grant legal Maxim's
namely a mashup carto 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 in 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 machaca and the other is a tasty,
Masha Masha Allah in Arabic means difficulty hardship,
taste see is making easy relaxing or mitigating the difficulty.
This card says where there is genuine hardship
the low and tears ease or brings ease
by introducing relaxations.
So, of course,
every obligation every 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 your combining prayers during journey this is a
relaxation.
Another example is allow us to use time mum
using you know ablution, the the symbolic ablution Lee of whistle
and Willow 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 rider, 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 all 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.
It was 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 of reference
arch 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
used 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
Russia Katagiri with TC, 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, the authentic traditions
so the Prophet, here are a few examples. Allah says in surah
number two was 185. You read Allah will be common to us, whether you
read we come across a lot in dense ease for you and not hardship.
This is when Allah prescribed fasting. And then exception is you
know when you are allowed to skip the fasting or postpone it.
So substitute for something. Well, my Jarrah Ali COVID Dinniman
heritage, in Surah. Turn this to was ata 78 Allah say he plays no
hardship in your religion for you.
Now you can look for Allah who knows some levels was Aha, God
does not bother any soul beyond its capacity. That is surah number
two goes to 86
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 another Hadith The Prophet said in numbers to 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 Prophet only
example is when his wife Aisha, beloved wife, Aisha and lo Nasir
Bahu Euro Zulu SallAllahu wasallam 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 tube.
Now, coming to the applications, there are Accordingto he wants you
to enable Jame 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 about conditions
situations
can only amount to relax the law when they are deemed excessive.
One day or accessing beyond normal they call for relaxation of
reverse. And here are various forms of waste introduced into the
law. Because of this circumstances. Number one is on
mission.
Woman while menstruating are relieved of prayer and fasting. So
the prayer is kept all 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 of prayers while
traveling
and substitute
pay among ilio ablutions was the lower Willow when water cannot be
used due to illness or simply water is not available or water is
too little. And we need to use it for drinking or cooking
Another way with the law is relax postponement.
Sharia allows postponing the fast that is obligatory, the first use
of Ramadan when one is sick or traveling. And it allows women
during menstruation to postpone it. We weren't in pregnancy if you
know fasting would adversely affect the pregnancy or the baby
or postnatal period of bleeding in this times, they postponed the
fasting to make up for later on they start Ramadan fasting I'm
talking about
unnecessary D, 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.
Another way of relaxation in the Sharia is change. The obligation
is altered in some way, like the example of prayer during this in
war, the the form is altered is shortened and altered, the
material is changed. And there are dozens of subsidiary rules derived
from the arida remember Shaka totally bootay See, we mentioned
only a few especially that relate to the concepts of necessity and
need number one, a lot or are to be heard 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 illness, 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, that
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 wash
wrote excuse this rule one should not exceed the limits
of necessity hence, another rule is prescribed Allura to cut the
robot factory ha necessity is measured according to true
proportions. An example is a male physician
of course, females 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 ultra Rolla 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 debating the right of the other
person. Okay.
Another final role 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, either Lacan 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 violent robot Raja intruder 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 violent robber is allowed in Sharia. And these are some of the
subsidiary rules. May Allah Swan will help us bless the CML pursuit
of Islamic knowledge. You
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 hada was tough to reliably welcome
was Salam alaykum Warahmatullahi Wabarakatuh