Ahmad Kutty – The Islamic Legal MaximsEpisode 02
AI: Summary ©
AI: Transcript ©
Bismillah R Rahman r Rahim
Allah homiletical hamdu cama young, but really generally what
he cover Ole Miss was tonic
will also live under Salim ala Sayidina Muhammad and maybe your
Lamine Wagga, Ali he was happy to hear Jamar in
rubbish rally so there we were Cindy Emery Wailuku the Tamil
assignee of Coco Lee My dear brothers and sisters it's my
pleasure to welcome you to another the second session in our series
of recordings on our coverage model for Korea the Islamic legal
Maxim's
and in this episode, inshallah I will try to introduce coverable
fuckery or Cobra the recoverable Hamsa recover the five grant legal
Maxim's
their significance
and the sources where they are derived from and how they are
formed. Inshallah, let us
begin by quoting a poet who was versified this grand five grand
the legal Maxim's
in this way, comes from Mocha Raton tavai dama the hubby
Resharper II for couldn't be hidden hubiera Laura rune Yuzawa
are the two qubit cuddle Musharaka to put up with Tracy
was Shakira Tara Fabi he bought a Akina Well of course the Ashley's
in errata will Jura
the meaning there are five legal Maxim's in Shafi school, you
should know them, here they are,
harm should be removed.
Custom is the judge or custom judges.
Hardship begets is
certainty cannot be canceled by doubt.
Purify your intention if you wish to gain reward.
The pilot has exercises license because points have license to
follow the order according to the rhyme and meter integrity. Our the
therefore there is a preferred order that is followed by the
Moorish based on the priority system because Islam is all based
on priorities. And this is one important concept we need to
internalize. When we speak about Islam, we should not place the
cart before the horse. So here is the preferred order of this grand
five legal Maxim's number one
I'll Omorovicza my custody
matters are judged by intentions
or to be deemed decided by intentions or the Aquino lawyers
who will be Schuck circularity is not removed by doubt or cannot be
removed by doubt or Masaka to Tajiri bootay See, hardship brings
ease or begets Felicity facility
a letter user harm should be removed
or added to markaba You know, custom rules or custom is the
judge
coming to the significance of this self provider Hamsa, Hamza Cobra,
these grand Maxim's are universal of universal applications,
they are not limited to one chapter or theme or topic or
they can be extended to all areas for free. Of course, there are
exceptions. So, that is why scholars agree whether they are
categorically
applicable or they are of course other Libya's prefer based on
preponderant probability. So every rule whether it is the grammar
rule, or any role in any area of knowledge, there are rules, and
then there are exceptions. So it's based on strong probability.
So where there are exceptions they are come under other set of rules.
So each one of them in groups many rules so when you say or more, we
must Cassidy ha. There are so many rules under beneath it
and we will inshallah
touch some of these rules inshallah as we progress in our
study, and also another point to remember is they can be extended
to cover, you know this, these are five grand rules and they are
valid for all times. So, as we new issues arise and emerge
circumstances, when Muslims are faced with new circumstances, we
can rely on these rules of course, with the sound understanding of
the sources to extend the rule to similar situations.
They are not, you know, the poet said
he was citing the the rules according to the Shafi school, so
we shouldn't we should take this with a grain of salt, because
these five grand rules are not limited to one particular school.
In fact, the entire concept of kawaii the Hanafi is were the
people who started it, followed by Shafi school, humbly school and
Maliki school, of course, and Jaffery school. All of the schools
have also joined this webinar. So it's not limited the file recovery
as far as as far as the other provider concerned. Recovery there
Kulia of Norwich.
They may not be universally acceptable to all of the schools,
but five grand kawaii are agreed upon in our schools. They are
studied expounded
by scholars have diverse background since early times and
the process of codification continues, as we mentioned in our
last episode. Now, the sources question arises, where did they
get because in Islam, we cannot bring up these things from our
wall based on our whims and process or fancies, we need to
ground them in the sources of Islam. So, the question where this
covered are Hunter Cooper comes out of the code identify and first
let us talk about the coverage in general. The sources are the Quran
and the Sunnah, these are the two fundamental sources acceptable to
our schools. And then of course, the US based around logical
reasoning, which is not accepted by the ID school, the neuter
release
and then comes precedents and rulings of caliphs, Cambodians and
the previous callers because fake have developed to meet you know,
various circumstances adapted itself to changing situations. So
there is a great treasure house of literature, willingness literature
and physical and all of them you know, our sources of the you know
the, the sources of this power.
But when it comes to our cover, it comes through COBRA, which is
going to be our main focus in this course. Of course, we will touch
the others briefly later on once we complete them. So once we come
to this our collider comes through COBRA, that five grand Maxim's
it's important for us to know that they are based solely on the Quran
and the Sunnah. Actually, some of the even wording itself
coming from the sources, of course, then the scholars also
modified them, you know, to express, you know, to be more
expressive, to be more, you know, inclusive and things like that.
You know, the source of this is the universal nature of Islam.
Because you Islam is a universal message, universal faith for all
times and places. The way the laws are growth in the sources
is a miracle.
The Prophet sallallahu sallam said Boris to be Jameel Karim. I have
been gifted I have been sent I have been commissioned by Allah
Spano Tala with Javon mule, Karim. What is Java mule curry?
They are pithy phrases, you know very, very short phrases
loaded with meanings. I remember our great scholar of the century
one of the greatest scholars of the century, Muhammad brasa Rama
hula.
He was interviewed
Just a year before I if I memory is correct before he died, the
journalists asked him you're heard a lifelong association with the
Quran.
So what's your impression of the Quran now, after you have been
associated with it for all these years, decades, Muhammad has said,
made a profound statement. He said, The Quran is an angel
inexhaustible treasure, because it's loaded with
meaning layers of meaning. This is what is the meaning the
significant, the real meaning of Java mule Kareem because the words
that Allah uses the phrase that use in the Quran are loaded with
beadings because they are they ought to be fresh revelation for
all times. So and they are applicable universally.
And the Quran the prophets are allowed so when you said ot two,
or three to be Giovanni or Kali might have been routed to Java
mail courier might have been gifted I have been blessed to be
Jameel Karim.
He men mainly the first and foremost the Quran, which is the
ultimate reticle given to Rasulullah sallallahu Islam. And
if you carefully read the Quran,
you will see the phrases
full of meaning generally applicable and valid for all
times. To mention a few examples. Lattice euro was euro to Israel
Hara none shall bear the burden of another called Luna Simba Casa
Batra Hina every soul is held in French for what it has earned.
And under wala Hoonah mystery Lydia Allah in every mouth, the
women are owed obligations the likes of those men they owe
to man in an honorable way
yeah are you holding the the arm or are forbidden record or you
will believe fulfill your obligations
under hurdle of war.
All mobile a lot of wires are juggling. Take to pardoning and
enjoying right and turn away from the ignorant these are all Java ME
will carry.
Now Quran is the first and foremost because all of this
wording miraculous.
Now coming to the second source of Java ME will claim they are the
Hadith, the traditions of the Prophet sallallahu Sallam prophet
was an excellent communicator.
Excellent teacher, excellent communicator, and he used to use
words sparingly precise words. Short his speeches were short and
sweet, as his beloved wife, Aisha Alana said
here are some examples in the Malama OBEDIA actions are judged
by intentions
Dallmeier Rebbeca elaborate evoke leave the doubtful in favor of
that which is not doubtful
La La Herradura there shall be no tolerating of harm no
reciprocating harm with her.
So here they are. Today in this episode, in the coming session
inshallah I will start with the first of this grand five grand
legal Maxim's are more will be more capacity ha. So under then,
may Allah subhanaw taala bless us all, in our endeavor to seek
beneficial knowledge. And may Allah subhanho wa Taala blesses
Allah ma Limni meiofauna when fine RB marlim Tana was Allah, Allah
teaches that which is beneficial for us and bless us in the
knowledge of grandmothers and increase our knowledge. Our code
only has one stock for Lolly walakum wa salaamu alaykum
Warahmatullahi Wabarakatuh