The Principles of Jurisprudence #1
Channel: Faaik Gamieldien
File Size: 26.41MB
Alhamdulillah Alhamdulillah and Amanda who want to stay in who are still few who are not meant to be here on a token rally, when I will be learned Himanshu Rudy and Christina alameen cftr Melina Maria de la firma de la la who may you do further hodja Allah when a Chateau a la ilaha illAllah hula hula sharika when a shadow unknown Mohammed Abu or a solo solo water OBE or salaamu Allah He was early he was heavy woman die without water he Elijah we did about blood beloved brothers and sisters in Islam Assalamu alaykum warahmatullahi wabarakatuh.
Today inshallah, we will start
with the first lecture on
I'm going to start slowly, inshallah, I just want you to know, that was all of
the principles of jurisprudence, or the principles of law. To this. Well, solos is
the method that we use in order to extract the law, or the laws that we have, from the or and, and from the Sunnah. And by using
Iijima, which consensus of opinion of the scholars and class which is analogy, and all these things are explained to you. But for now, all you need to know is that or soul fit is one of the sciences, necessary sciences for every Muslim to know, even in a small way.
So we have to have a knowledge of fasulo which deals with the laws of the app, the principles of the whole app,
then we need to know also Hadith, all the basics that has to do with the science of Hadith, then we have to know
grammar, Arabic grammar, we need to know all these things in order to function as a complete Muslim within society.
So this subject, and I repeat, what what is the name of the subject who saw lol? Or who Sol Elphick the principles of fic
simply said the principles on which the law is base where do we get those principles from? We get that where do we get the laws from those laws are extracted from the Quran extracted from the ahaadeeth and what the Alana or the which day he Dune
has agreed upon on a particular matter.
With the Quran doesn't say anything with it. He didn't say anything with Allah come together and say the solution to this problem today.
According to our understanding is x PRC is where you take a situation that happened in the time with an Ibiza salon. And you look at the situation now in 20th century, South Africa. And there is a problem here, we look at what is the harbor the closest to this. And we take that and we put it on top of this, and we see if it makes a fit. That is called chaos or analogy.
Alright, let's begin. So in order to extract the laws, we are cam and I used to camp hokum means procom is a law Academy, our laws but there are particular laws, but for now we will we will you and you'll understand it to be laws. So, if we want to extract those from the, from the sooner, then we need to know that there has to be a method of doing it. You're going to open the Quran and start extracting load from the Quran. You're going to say Allah says in the Quran, and Allah says that in the Quran without having any other background to it without having the background of the knowledge of of language, the knowledge of their Hadees and so many many basic things that you need to know.
So the we the man who does this work he's called the witch died.
He uses what is called he had and what is it she had? It she had it is for an alien or a puppy to exercise his mind to eat at most.
Each day hard is to apply your mind to the utmost of an ETA for Coronavirus. Do not apply your minds I forgotten that rule though you do not mow over the Koran in this. So then which tide sets for Titan it looks at the Quran looks at the sun. I looked at all the ayah and he comes to clusion
What the law should be, for example, say on taking drugs
taking a paternity test to see whether you are dead. And we'll come back to that at some other time. So there are very fine rules,
within methodologies, manners in which the scholars over the centuries had planned and had built a whole edifice own house of ways and means to extract the laws, they've learned this from the Prophet sallallahu sallam, they have learned this from and from the Sahaba. And that was handed down to the tadier in the followers of the Sahaba. And that was handed down to the tablet tablet in the photos of the followers of this habit until we come
to us today. So because we are also confronted with new situations all the time, and we need to go to the crown all the time to understand what the Quran means. So,
that knowledge which is acquired
to go to the sources of law,
technology, like a doctor, anybody can open a medical textbook,
but only a medically trained doctor will understand what the language of that book means. Even I can I can read English in Euclidean English, we don't understand anything that's written in a medical textbook, because we don't understand the terminology. So all of it has its own terminology. Don't worry about I'm saying this just as a mathematical introduction, you will begin to understand and begin to be fascinated at the science.
the sources the Quran and the Sunnah.
We must know the levels and the strength of different sources the Quran comes first then comes as soon as what what in this unit comes first, there is the Quran what is not what comes first, the most common Ayah comes first what are the most common, the most common II in which there is no need to interpret for example, Allah says
if there are two daughters and you die, then your two daughters and there are two thirds of the estate helaas You can't say anything about it, a lot of others that can that instead, the whole video will do is explained in the Quran. That's how you do it helot and that is the end of the story. So those are most common area in which there is no need for applying your mind. No need for HDR when Allah says one eight when he says a half when he says a quarter.
We all know what it means. So
their condition their shoe route, and our can
connected to the method that we use. It's like a doctor when you have performed operation. There's a way to cut first and then to cut Yeah, and then to do this and then to do that.
And a great scholar.
Maybe you know, maybe you haven't heard of him. His name is Neha Loon. Remember this name is Nikhil Loon. He wrote a very famous
what is called a prologue, Allah Dima.
And this mocha Dima
is actually the introduction because it was mocha de mommy's introduction. It's in introduction to keytab. Allah, Allah about, you know, volume and volumes called carbon fiber. The first book is called Kadima. And he's known by the first book and Mahatma, do yourself a favor if you have time. Google this evening aleut KHL deal in the whole of the book is actually printed on the internet for you Mashallah to read in English, you know that in Arabic, but you can have it for free in English on the internet. So, he says in his introduction, and a whole series of works, that he wrote, he was actually is actually recognized as the first sociologist, the first sociologists, but the first
years in Islam, the actually first sociologist, or wrote about the life of people and the history, his whole, all his work was on history. So, he looked at it from many, many angles, and the Ottoman Empire is built on his book and Ottomans use his book to guide them in how to establish and build the civilization and new society, which they had conquered at the time.
So, the signs of a pseudo fake or the signs of fake was all fake.
has been defined
by you can understand many scholars if they try to define what exactly you know, we
When we say carpentry, we know more or less what the person is talking about. When we say cooking, we know more research. So they try to give us a definition. In order for us to understand remember this Deen is not meant for very great lead people, it's meant for you and me.
When industry must be able to understand, very important
so what is the definition of a fit and you can see it's two terms who soul
or soul means I'll explain to you know what the word means. And then later on, we'll come to the word fit. What does that mean? And you know the word fit.
He's a very common word.
Everybody does think
very few people do.
And I'll explain to you maybe very quickly, in practical terms, what's the difference between a pseudo fit and fit
it's like walking into a grocery store, and all the stuff is packed on the shelves. If you want toothpaste, you go to the toothbrush off of your one porridge, you go to the bar itself if you want this you go to that shelf, and masala there is the package there is the name of it and all that the stuff is inside. You take it, put it in your in your basket, finish your shopping, pay for it and you go
that those items on the shelf can be likened to a completed product. All the stuff in a grocery store is a completed products thick are all completed products. They all be direct and labeled. For example, the variety of the Salah that's
the shoot of solid that is ultimate danger that is for all the practical things that have been Marshall outlined for us by all bother from the time of the Prophet sallallahu wasallam right up now.
That's all gone unexplained more Philippines. So fit basically is the house and men built. We have the Quran Sunnah Dr. Jamal all opinions of the Sahaba. And we extracted from the what is followed, what is this? What is that all those things that we extracted from the that's for the finished product, the endeavor of men, the ht heart of men, the application of the mind of men, on our historical sources of knowledge, to make it easy for us to be able to implement our faith.
Got it. So that's the biggest bandmate 1000 men book, that is why the US will never be stopped being both felt as a developing science. As times change the physical change, and as I said, there will come a time
not very far off into the future, when we will not be Sharpies anymore. Hannah feasel humble is Oh, ma to read is or whatever it may be,
will be Muslim. And we'll be following in sha Allah, we will still use the concepts and the engineering skills in extracting the laws of imamo Shafi, Abu hanifa and all these people, but we will be able to look straight at the
and Hadith of the Navy society will be consensus on what is now a common amongst all the former died and will follow that so you don't have to be
we don't have to decide Am I going to be a sharpie or Hanafi American Sharla I hope that time comes soon. We will see oh no I'm doing this because the property this oh I did this because signal blocker did this. Oh I did this because Allah saw the system in the Quran. What I say now is I say no I do this because you know, my my mother shaft. The shaft is do it like this. We stand like this, we make a record like this.
We need to find it the Prophet because insalata Prophet said the Prophet didn't teach Salah they were no classes of Salah indeterminant I didn't say well, on the Thursday night we're going to do fifth fifth of Salah because the Prophet you said some new karma right when you listen to the Sahaba you pray like to see me pray so you look at the and you pray Of course today we can't do that
we have to learn but that only this look and it is a question they wanted to ask don't ask the question that the living walking
Salah the living workings occur we don't have that. That's why we go to the you go to the books.
is the plural of awful. Aslan.
Aslan. Arsenal is one where you can get on with either one awesome. I remember when I was a child, people who speak about us and a lot when it comes to marriage. You know this is what is a Selena another
Where does it come from? You know what his grandfather's great grandfather, they wanted to know these things. They didn't ask you to look out the window and see what kind of car drives what kind of degree he has no, the first thing to say, we see come from easy
questions you should ask, oh, who is she?
So also means the source.
There, this is this is just simply saying, I'll tell you exactly what what the book says about what other expenses we do get them the source also the sources, so the sources of it.
So what is this word that many meanings will offer? technical meanings, often?
First meaning of Asada, Allah says mbeans delille. This word you've heard, delila. What is the legal comes from the word in Arabic dolla dolla, two point in a direction
to give an indication
delille technically means proof evidence.
That is why we say that this Deen is based on evidence. But based on what my mother and father said, What do you know? Or do you practice and what your previous your your answer is the practice note will soon
also means evidence evidence from where? From the Quran and Sunnah of Muhammad sallallahu alayhi wasallam.
So solo means the evidences of folic acid is the finished product. The question we ask is How did we get to those finished products? Where's your evidence for those finished products? Were to evidence that Mr. shafia he says that you must read the thought behind every every in every urraca
use of evidence, mustard, mustard delille
conscious a volume of Java to
be deleted. And what is the delille the delille said
you must recite facts behind everything.
Alright, so first of all, is delete evidence.
So you can see that the whole of the of the of the law of Islam is built on evidence. It's built on proof. Everything we do is built on proof.
go to court of law, the same thing. Men were the strongest proof wins the case.
Similar the same in Islam. The strongest proof
is the strongest proof that is what we should follow.
Number two, the second meaning of acid, or pseudo sick one,
or the singular of ozone is acid.
So the second one is Roger, the word also means our Roger, Roger, with a heart the end was Roger mean, Roger means preponderant.
That which is preferred, you have two things. You have an apple in one and you have a banana in the other. Which one do you prefer? That is your Roger decision. So no, I like bananas. So I'll take the banana. That is my Roger decision.
So arogya awesome, is also that which is three pounder and that which is the strongest. So first of all, assuming that which is their source, as I said to you, it means that which is the evidence. And secondly also means that which is preponderance, even if there are three good arguments, you need to look for the one which is the strongest
was evidentiary value, as they say in law is the strongest. For example, in a court of law, the evidentiary value of having seen something is the highest form of witnessing, because I can you can say I saw with my two eyes I saw it as well. Exactly. Alright.
looks at words because the Quran consistent words,
highly consistent words.
So the law officer fixes that when you look at words, you must look at the literal meaning of the words. What is literal meaning mean? literal meaning is the obvious meaning of the word don't go and dig and find that some odd me know.
If the Word says wh it then means the color white. If it is black, that is the color.
Don't say to me that people in South Africa
Call that name and either give it a call no white means the color white, black paint the color black, that's what I mean by the obvious meaning of the word
then there is what is called the majority meaning of the word
which is the figurative meaning of the word was a figurative meaning and literal meaning. Right. So for example, we would say, um
Well, let me give you an example from the,
from the Hadith.
Prophet sallallahu, wasallam said,
before he died,
Oh, Luca, all his wife wives gathered,
you must have been in the late
in the, in the time when he was going to pass away.
So he addressed his wife and he said, Oh, well you can be lawful can be the first of you who will follow me.
Follow me in what in this, I was the first of you, who will die after me have my wives,
the wives, not the children, the wives
will be the one who has the longest hands.
The one who is the longest hangs.
So in the process, someone passed away.
They started looking at their names.
But they found that the Angelo model is the same. You can donate people, long lines in longhand. They realize what the prophets of Salaam meant. The prophets or sanlam meant it was the spofford was spoke speaking figuratively.
Not literally, he didn't literally mean and he made
that one of my wives were the most generous.
Would love the poor,
will love to give to the poor, who love to solace if solace to the poor, and which one as a designer
is no big because she was generous of the wives of the Navy SEAL Allah.
So generosity, even generosity is that spread equally amongst the wives. Oh, that's pretty cool in life, with among prophets or amongst the wives of the prophets. It's always an outstanding one, and then up and she died. So yeah, we see that the meaning of literal and figurative literal will mean if you say, the one with a long hands.
It could mean the one who has the longest hands, but he does the figurative me, it means the one who is generous with giving with x supanova. So, Roger, when we look at the words of the Koran, and we look at the words of the Sunnah, we don't just look at one word, we look at all the words that has to do with that particular subject matter. And we see which one weighs the strongest.
Or sometimes the last wonder uses a word that has more than one meaning.
And then we look at which meaning is the strongest meaning. So that needs people with knowledge of the language. So language knowledge is very important to be able Don't worry about it. If you don't know Arabic, don't worry, you still find this
a very exciting science to study number three, the third meaning of a soul is allied.
The third meaning of the soul is alkaline Cingular paied, also known as cruel, obsolete signal. So also, what is Al Qaeda mean? No, that's not the one in in the Arabian Peninsula fighting the
ladies are either.
Alright, so high. That means, for example, if I had to make at little mozzarella innopolis
there's a rule in the fifth,
which says that
that a person was forced to eat carrion, meaning good meat, if he's forced to eat dead meat and he eats it. That is not the rule. The rule is not to eat carrier, not the rule. It's not the guide.
What is the guide? The opposite of that the guy dies, you should always eat fresh meat and good meat. That is the rule. But the exception to the rule is
this an exception? We've got nothing else to eat, only to eat the eggs
applies to you.
is based on the rule.
Exceptions are the exception. So so people get all the rules and the rules that we know very well is. And this rule is a is a rule of, of, of evidence
of Bharata Zima.
You've heard this rule in English. The rule says that a man is innocent until evidence is brought to change that
one until he is proven to be guilty.
This is a rule in Islamic law. And it's a rule. There are many such rules, for example.
So that's a rule.
Islam says its rules. So if you say to a man, if somebody comes and says,
He did this, and he did that in depth, the man will remain innocent until you can provide proof in front of the Adi or a judge to show that you are guilty. If no evidence can be found. You're innocent. Hello, in Islam the same?
So I've given a delille
Number three is Alma sauce.
What is up?
Sorry, I'm really bad. Number three. Now.
Let me backtrack a little bit. I said number one is delille. The second one is Raja ponder. The third one is fine.
and Canada is the exception of Canada is the rule. And there's an exception to the rule. Now, the fourth 11234 is a is too hard. What is it?
This this hub is a rule which says that if something was there in the past, we assume that it is still like that now.
At least you can bring evidence to show the opposite. For example, a person with everybody knows that somebody is married. Welcome, you know, this morning.
And somebody wants to come along and say but he's not married. That person has to bring the proof to show that the marriage was an adult who is divorced his wife or delayed maybe. So whatever was in the past, were assumed to be continuous in the future, unless
the person can bring proof so
Bara to them innocent until proven guilty. That is the law of presumption of continuity.
So if you see a man living for 20 years with a woman and everybody says they're married,
the assumption is that they married.
And if anybody wants to come along and say they're not married, he must bring the proof. You can't ask the man to bring his marriage certificate No.
Because the man says he's married. It's you that's a doctor. So you have to prove.
And Venus is the law Albinus is loads of evidence in Islam albina Allen would die, the evidence must be brought by the person who makes the claim. So if you claim a child is illegitimate, for example, you make the claim you bring the proof
until you do that you have made an accusation with no proof. So therefore, if you have no proof was required is a very dangerous consequences for saying things.
So we've we now have got
an idea. Quite an idea of what a fool is. So this is this. This is the first one he was and delete proof. evidence. Number two, our card number two arogya preponderance.
Wait, which one is strongest? If you have ever seen evidential value, use that one. Number three, aka
salafiyyah establishes the rules, and it
looks at the
exception to the rules. And then finally analysis, hub presumption of continuity. Whatever has been in the past is accepted to continue into the future. I tell him and this evidence is brought to the contrary.
What is mean actually
In the language of Arabic, if we talk fic it means the knowledge of something
or the understanding of something.
So if you say, a man as he has learned fick, then you're saying that he has learned the understanding of the law,
not the law, the understanding, he understands the law.
In the origin, which allows for heavily uses the word fit.
only refer to knowledge,
we say a person has 50 means has knowledge in when Allah says in the Quran, how, what does it mean in the Quran?
In when Allah in the Quran, Allah give examples
are nice speaking about a person who has
depth of knowledge, deep knowledge, as I said, in my earlier statement, I gave I said, because I harbor
somebody somebody said, you know, if we lived in a time, we're gonna be so loud salatu salam, some of the time period, they said, you know, we would love we would have loved the Prophet so much, they told us, they said, we would have done much more for the prophets of Solomon.
So the Sahaba said,
and we would have learned much more from the processor module you learned. So once a hobby said, if
you had lived
in the time of the Navy, so long as
you have a mount of knowledge, you have
masses of books and masses of universities, and you study and you learn, and you know, much more than the Sahaba knew, but the Sahaba the depth of knowledge.
And what is the depth of knowledge, that the depth of understanding the Quran, they would even understand, they would sit in front of the levee system, and they would understand immediately what you were saying.
So out of the whole,
not many questions is
something the only three questions they asked, which Allah gave an answer. That's another question. So it means then it means sick. When Allah speaks about, in the end, it means depth of understanding.
And it means a to have a feeling for the understanding of anything.
To understand something
out of experience, to learn to experience.
That is why the Navy Sallam when he got hold of Abdullah Abbas, his cousin, he might offer him What is it? What was this offering?
He didn't say, oh, Allah give him knowledge. No.
He pressed him to his chest and he said, Aloma faqeer Diem, Allahumma faac do indeed. The other word fifthly. He said, Oh, Allah give him my cousin, Abdullah nobis give him a deep understanding of the
Whenever I just have knowledge, but understanding
we have a very shallow level of understanding that Allah give us inshallah, and you sitting there listening to me, Allah give us that. May Allah openly our chest to the under because that is Allah. Allah does that.
Allah opens the mind. Allah opens the heart.
But you all you need to do is to listen to that.
So allows, what I'm gonna say is, for example, in the Quran, and also
to understand the intent of the word.
Allah me, what did the Prophet mean by this particular word?
What did the speaker mean?
When you use this particular word?
So Allah says in the Quran, Kolya schreib. By enough toccata me matakohe Allah talks about the people who are able to be sure he was talking to them, and when you finish talk to them, what do they say to him? Is it emotional? I mean, we don't understand what you say. But this wasn't because they didn't understand because they wanted to insult him say, you know, what are you talking about, you know, we didn't know what you say, and I'll use the word NASCAR. Understand.
Like we say to each other,
you know, why do you normally have this go? Oh, no, you know, you'll never understand me you'll never understand. It's all about understanding. We will they understand each other very well.
Like the people of Hawaii
we are no different.
In Los Angeles, his family How old is Camila? Yeah, Cara Dune is Kahuna de de ellos han Alexis, what is wrong with these people? is Allah, they
when you speak to them
so they listen, Allah says they hear the words, but they don't have the understanding.
So inshallah, this is the first lesson. So we now have an introduction to what the word fit means in the language we haven't looked at fit what it means.
As a technical term, we've learned some things you have asked me to tell him. A lot of talks about reading the Quran being understanding fit the meaning is, it means the, the common meaning
is understanding. So if you say I'm studying,
then it is another mini course when you calm down, you can be learning understanding, that is the general meaning of the word.
inshallah, when we speak again, we will talk about the meaning of fit as it was, as it is used by people like epoch shafia, hanifa, by the Sahaba. And so all the Oliver
when they talk about fit, they don't talk about understanding, when Allah speaks about fit, Allah speaks about understanding, but
nothing can be there without understanding, understanding goes with everything, understanding is the thick of everything.
So people call the fabric of the Quran, the fit of the Heidi, the fit of this, meaning, the understanding of all of these things. So understanding goes a long way. So the mind which Allah Allah created, and which may, which makes us better than the angels, that is
the workshop of understanding. So now last one, I shall grant this understanding. Now let's move on to the method. We love this deed and that we look forward to inshallah, to learning how is
the laws extracted from the Quran and the Sunnah. And please, you'll enjoy the ride with me, this is really going to be a wonderful, beautiful journey, it doesn't mean that we're only going to talk about the other things which I'll also want to talk about, but I will have other sessions each allow plenty of other sessions in the week. I want to talk about two important things very important and that is the one is the the marriage contract the contents of the marriage contract, which I think there's a lot of misunderstandings about a lot of ignorance about that. And we are in a situation we live in a society now societies of change, we need to have these countries we see so many things
happening. And the second thing I want to talk about is inheritance, but that I will not do when I do so this also will carry on inshallah that will be extra lessons. inshallah. Back to our familiar we draw for you, but Salam aleikum wa rahmatullah wa Taala will bark at