Divine Law – Can Rulings Change from Time and Place
Channel: Hatem al-Haj
File Size: 33.13MB
The question of does the law change with time and location.
So, that the this this is a statement
from several of our most eminent scholars, that has also been recorded in medela camela layer which is a basically a legal document that was put together by the scholars of the Ottoman Ottoman philosopher
to collect the most important or 99 most important legal Maxim's
and one of you know the statements and Magellan which has been previously also
supported by scholars of the caliber of eminent by him and saw to be a later So, Gani is the guy euro cam lion car, Taka euro cam la Yun Kuru Mata Emmanuel Macron Portora euro la camisa user manual McCann, la yunker which means that the change of rulings upon the change of times and places must not be denounced, must not be denounced. So rulings may change upon the change of time and place, or time and location.
And that may sound you know, a little bit
scary, particularly for the conservative Muslim. What do you mean that rules are rulings may change with a change of time and place? That sounds a bit scary. So should we have, you know, different rulings from the time of the Prophet sallallahu Sallam and then every people in every country will have their own Islam, and every people in every era of the Islamic history should have crafted their own set of rules and so on. No, it is it is not like this. It is not like this. First of all, this statement is a statement from great scholars. But most likely what they meant by this is not
in the technical or the terminological definition of the word cam. Because it Hawkmoth shadow or the legal ruling is not to be changed because of Hawkman shadow he is katabi shadow it's the address of the legislator it is the hilltop of Allah subhanaw taala that is being communicated to us with regard to technology for Shariah, the shadowy burdens with regard to the laws requirements
from from us. So kitabi Shara al Motta, Allah Bianca Carmen mocha Levine, so it is the address of the Divine concerning the rulings that pertain to a mocha Levine and mocha Love is the one who is
basically legally liable and authorized. So legally liable, responsible, legally responsible, adult sane person would be legally responsible. So if the rulings cam is the top of his shadow, who would be able to change the HIPAA the address of a shadow the legislator who is the shadow Allah and the prophet SAW Selim is the communicator the conveyor of the the shadow of a shadow.
So who would be able to change the Kitab of Allah no one would be able to change the Kitab of Allah in any time or any place, but what the scholars meant by this statement is the fatwah and the fatwa is different from the Kitab of Allah subhanaw taala. The fadwa is basically the ruling after you add to it the circumstances, you know, so rulings, you know, the ruling basically stripped from all the circuit from all circumstances would be one,
but you add to it, you add to the scenario, some more you know, variance, some more variables and then the scenario may change, then the scenario may change. So when even at Mar
Allah was walking through the market and some of his students saw that some of the theaters were in the drinking and you know, getting intoxicated, and they wanted to stop them from drinking. He told them that Allah subhanaw taala wanted, you know Allah subhanaw taala forbid wine, because it keeps people from Salah wine keeps those people from pillaging, killing, raping people, let them leave them, let them alone, let them drink, because they drink and they go unconscious, and then that will relieve the masses from their mischief and from their transgression here, because these are different variables
that change the ultimate
edic fatwah not the top of a shadow, that Futaba shout out did not change, it is the different circumstances that made the fatwah in this particular scenario different the the say that hammer was permissible, did he say that Imran Marouf Elena and Moncure is not applicable anymore in our times there is no hammer model. And I added Moncure or the camera is permissible He did not say any of this he did not change any part of the Futaba shadow. But putting all the variables together, he Rahim Allah May Allah loves the mercy on him, figured that it is more pleasing to Allah for those people to have a hangover and to be unconscious, then the beep, you know pillaging the village and
raping and you know, seizing people's properties and killing and so on and so forth. Because that is what they were doing, when they were conscious. That is what they were doing when they are awake. So let them you know, fall unconscious.
Now when when the Hanafi scholars May Allah bestow mercy on them
said that man cannot take his woman on a trip or cannot, you know, move a woman from her from the place of their marriage or from where they got married from her hometown cannot take her without her permission without her approval. And this is a matter that they the latter Hanafi scholars said this, because they said that there is now so much more of deterioration that we fear if he takes her away from her family, that he may abuse. He may oppress her, he may you know, transgress and treating her he may mistreat her. So the figure that you do now need the permission of the wife, this was not the position of the earlier Hanafi scholars. This was this is a matter that was
basically re addressed because of the moral decay the moral deterioration, people in the past used to be trusted with their wives now we can even trust people with their wives. So more deterioration when our Smyrna fan or the Allahu anhu
will finally at a lower one who
ordered that stray camels be taken and sold and their price be kept for their owners, which was different or contrary to the what the prophet sallallahu Sallam instructed people to do earlier, when the Prophet sallallahu Sallam instructed people to leave alone stray camels leave them alone, because they have the ability during the time of the Prophet sallallahu sallam, what was the fear?
When he said that you take the sheep, you know and and basically announced them. So
what was the fear for the sheep? Fear from wolves, small predators can can those small predators attack camels? No, they can't attack gallons. So I am not afraid for cameras, cameras may be able to go back home cameras if they do not go back home their owner will go back to where they left them and their owner will be able to find them and problem resolved. So the profits are seldom said leave them alone. You know, ma is that Oh Ha ha ha the see camera will have with her, her you know, her foot, her feet and her water. So just
Leave her leave them alone Don't take them. But when I was mad enough, during the time of madness fan, the Medina became
very cosmopolitan city. And there were a lot of people living in Medina during the time of Ottoman affair. These are not the Sahaba of the processes. And, you know, the only fear that we will have will be from wolves or foxes or things like that. You are now afraid of people. Remember that Amara hottub spent one year during the life of Abacus of vehicles as a judge, and he just got bored of it because they didn't have any work didn't have any business.
So he went up and said, this is not a job.
There is no work. So but this became a lot different by the time of Phantom Medina became cosmic cosmopolitan. And Osman felt that now we fear from thieves, not just foxes and wolves. So this the US man changed the helpmates Chara either ruling no but there were now different variables that made Othman change the fatwa. So if we go back, if we reset the conditions of Medina, to the time of the Prophet, the ruling would still be applicable. And if there is a place where it is extremely safe, then you will reset it back to the origin of the default ruling, which is what the Prophet Solomon instructed people to do. But when you have those variables, those those other variables, then the
ruling may change, when almoradi Allahu anhu.
And this may be somewhat controversial, but when almoradi alone who suspended
the giving of Zakat to those whose hearts are to be reconciled. of the non Muslims, those whose hearts are to be reconciled, could be non Muslims, there could be new Muslims, but Amara de la who did not give non Muslims from this account, he felt that Islam has become very powerful dominant in the peninsula, that I don't need to give this chiefs of the tribes to reconcile their hearts.
That was not enormous understanding whether you will agree or disagree with suspension. But you know, Omar's understanding he was not he was not feeling that he is suspended a last address. He was feeling that they are variables, he was feeling that allows address is connected to a certain effective cause.
Effective cause, cause there is a cause behind the end because it's linked to a hikmah wisdom and the heckum and the Hikmah is under the umbrella of matassa the Sharia or the objectives of Sharia. Now, almoradi Allahu anhu felt that the law is not any more existent, the end let to give to those whose hearts are to be reconciled. There's not any more existence, we were trying to reconcile the hearts of those chiefs of tribes, because we wanted to basically spare the Muslims their harm. These were people these were people that used to basically cause a lot of trouble to the Muslim caravans or even Muslims that lived far away from in Medina and you wanted to sort of please them appease
them so that they don't cause trouble and they don't cause corruption.
But now we don't need to do this he felt that that Allah is not there anymore to give them from the money of the care under the category of Mr. Lover palooka home. So the sheriff I said that this guy was never given to non Muslims to begin with the all of the other men that have said that it was given the Hanafi is decided to follow in the footsteps of Amara and said the suspension is permanent. The Maliki's and Hanbury said that the suspension was not permanent, but they did not fall tamora the law nobody said that, when when the time comes when there is need to do this then then the original outcome, well
will will will will be basically what will come back into action, the original the default hook matches the permissibility of giving
non Muslims from the from the money of this account or the category of those whose hearts are to be reconciled.
All of these examples, these are examples on the change of fat why not the change of ruling? None of the those grades meant none of those grades meant they change the address of a law because no one could do this. No one could do this the Sharia is basically complete, and has been completed and perfected before the Prophet departed sallallahu Sallam audiomack multilocus Dena Kumar mentholatum no matter what are the two electromotor Islam Medina today I have perfected your deen for you complete in my favorite upon you. And I have chosen Islam for you as a religion. So it is complete.
so when we talk about those fatawa we're not talking about the foundations of Islamic teachings we're not talking about RT doc even if it would never change with the change of time and place.
The basic teachings of Islam will never change with the change of times in place which is also the deen
the devotional acts, devotional acts, well you we can talk about how you how you will pray you know, when
aboard an aircraft or how you will, if you are in the space and you know, on a like a station space station, how we will be able to pray. But this has not changed the this is adaptation to different times and places we're talking about like a real change. So the this will these were so devotional acts are immune to change that matters that may be subject to change are the matters that are
basically matters of human transactions, or human or customs, you know, human customs and human transactions that are affected by the time and the place. In this case, the time and place are not the effectors in themselves. Because hypothetically had there been had
there been no end for this life, the sherea would have been suitable eternally
to rule human behavior eternally, but the time and place our vehicles for different circumstances. those circumstances are variables that the Mufti will need to take in. We need to take in one example, to further you know, give another example, the earlier Hanafi scholars prohibited Coram teachers from receiving compensation for their teaching of the curriculum. The circumstances at the time were such that the poor and teacher were getting some stipend from the state. And they were supported, you know, they were maintained by the state and extend to where they were sufficed. So the Hanafi scholar looked at this and said, Hi, we don't think that they should be taken to honor
the Qur'an. to elevate the Qur'an above being taught for compensation, we should, the no Korean teacher may receive any compensation for the teaching of the program, that should be a completely devotional act, this should be completely for the sake of Allah subhanho wa Taala. Later on when the state was not basically maintaining those teachers anymore, the Hanafi scholars or the reverse the position, the earlier position of the meth lab, and they allowed the puram teachers to receive compensation. That was the principle that they were going by in the earlier Hanafi scholars were going by was what
honoring the Qur'an, the the way the latter Hanafi scholars what they were concerned, they were much more they were more concerned with preserving the coral. Now it's we're not talking about honoring the Qur'an we're talking about preserving the planet. Those teachers are not anymore maintained by the state. And they either teach or the they find the job, basically to support themselves and their families and if they go and find the job to support themselves, and their families, the knowledge of the Qur'an will be lost and we will not have enough teachers to put it in
half time into learning and teaching the perhaps to the children and you know generations to come and the knowledge of the Qur'an will be lost. So now let's preserve the core and and allow the teachers to take compensation because otherwise we may lose much of the knowledge of the Quran.
So, is it clear now that one Takayama cam Whitaker is a man when McCann does not pertain to the original divine address, it pertains to the fatter and fatter
is basically the divine address plus the variables plus plus the surrounding circumstances, the divine address itself had it been you know, had we had the same circumstances
during the time of the Prophet sallallahu wasallam in our time, the divine address does not change time and place do not have the power to change the divine address. However, it is the surrounding circumstances those variables that will change the effect of the fat work, because the fat one must take in consideration all of the other effects and all of the other circumstances that will affect the final ruling the final ruling or the final edict
Can you say that this affected the divine address no the divine address itself is attached to either if this idea is not present any more than the divine address is not applicable to this scenario anymore. And then we must look for another divine address that would be applicable to this scenario that would be applicable to this scenario. So think of what Homer thought of when he suspended Salman lava palooka home or given given the non Muslims from Sokka to reconcile their hearts
he was not saying I will suspend now the hokhmah of Allah, he was he was saying that the idol of this home is not present anymore. The effective cause behind this ruling is not present anymore than the ruling is not applicable anymore. That's what it is. So, it is and the other thing that we should just remember that this is not applicable in the area of law. This is not applicable in the area of adab. This is not applicable in the area of you know the purification of the heart This is applicable in the area of effect and Mohammad act in particular, where those transactions for muhammara and to some extent customs, you know, more omelette and custom law that were the were the
circumstances where people's customs become consequential affect the ruling because the effect the island the cause behind the ruling and we must understand that this area is built on, you know, the benefits and consideration of people's interest in all of its rulings. So every ruling is hinge in Ghana hailer
that is comprehensible in the area of mellette and customs and not comprehensible in the area of a better therefore, you cannot change that I bet that or the devotional acts because the lol of the IB that is the I love that that is what the pleasure of Allah. So who would be able to tell that this is more likely? It is only Allah who could tell but the halal in the area of Muhammad that we know we know why usually we use or he was forbidden, right?
We do you know why vote is for a cause.
Does anyone know why those four rockers Do you know what why former was forbidden?
Yeah, you know why usury was forbidden.
Do you know why?
the different camera ijarah which is leasing with the Can you make sense of each and every one of these? Yes, he can make sense
You could trace the down the effective cause behind this hog. So, now, when the rulings are hinging on comprehensible comprehensible
effective causes, then those rulings will be affected by the changes of the circumstances that affect the this you know, whether the L is present or not present, but these are issues that must be determined by the scholars. So, let's take another some examples, some contemporary examples, contemporary examples where things may change.
First of all, sometimes it is not about the gorilla cam It is
It is not about the hierarchy in the sense of Takaya from the time of the prophet SAW Selim but sometimes certain things become so prevalent that we think that they are
the only way of doing things or they are, you know, an integral part of the deen that we cannot change. Let's take for example, you know,
let's take for example, what salata Tara, we have, for instance, salata, tarawih.
Everybody, you know, insists, you know, in many of the massage, it's certainly not all of the massage. People are always fighting over the atra cause, is it eight or 20? Whereas the Prophet neither prescribed eight or 20? You know, so the fight itself is really I don't know what why are we fighting. So the Prophet did not prescribe at 20. You could, you could pray it, you could pray 20, that's fine, do whatever you want. But at the end of the day, the prophets or southern pray Torah, we hand them out two or three times, and it was all murder, the other one who brought the Sahaba together to pray taraweeh, behind the value of Macau. And it did not become a really the sort of it
did not become the status code or did not become even in the
scholarly positions that Imam Malik, for instance, believes that it is inferior to pray tarawih hanza Mel, and I'm not telling you don't pray that we hand them out. But I'm just you know, like, let's open up our minds a little bit. Many of us have, I used to consider it inferior to pray Tara weakens America, because that was not the way of the prophecies element, if you can do it on your own son should is better done individually, because you will have more horseshoe or you'll be able to reflect more, you'll be able to pace yourself more, you want to stop, you recite a certain age and you stop and you reflect on it you proceed and and so on. So to some of the scholars it was
superior to pray that we individually and when the when we say eight rock as the Prophet ever say pray it like I was no I said that he did not praying more than eight. Sometimes he prayed less. Sometimes he prayed less, you know, eight plus the width. But sometimes he prayed this man
did not say that he always prayed eight. She said he did not pray more than eight. So if you have a community of sort of non Arabic speakers, and this can be and you wanted to bring in more people and you want to reach out to more people? Should you make it a little bit lighter? Should you allow for more time for people to connect with each other particularly when the eisah prayer is at 11pm? Should you make it lighter? Should you make it shorter? Should you allow for more time for people to bond and connect with each other and socialize? And those you know hard core members or hardcore people they have the rest of the night pray what would you know as many archives as they want? As
long as they want? But should we invest more effort into reaching out the number of people who come to the masjid on the first night of Ramadan? If the Torah we were like, maybe we'll get more of those people coming back on day two or night two night three and night four, five? It would should we be interested in attracting those people to the masjid. Should should we invest more effort into this? Yes. Do you need to change the rulings here you're not changing any rulings? What you're doing is actually you're just changing the you know the the
The existing status quo.
But you're not changing any rulings, you go back to the time of awakening, you will find the people none of the people was praying, are we under Mao during the time of awakening because the during the prophets of Salaam he did it only two times, or three times in some reports. And that's it. So
I am not saying that let's go back to the time of a walk, I'm just saying that. Let's see, let's look at the variables. Let's look at the variables instead of the long recitation. And I know that some humans have beautiful voices. And you know, people, and people sub particularly be us immigrants. It is a matter of homesickness. For us, it's a matter of just reminiscing about back home.
And you may not be
in a great extent, but for people who were born here, and they grew up here for the kids that are 12, and 13 years old, how could you get those kids that particularly, you know, even if they were children of Arabs, they don't really understand what is being recited. Even if they speak, you know, like some Arabic dialect at home, they don't really understand what's being recited. And you just want to convince yourself that, Oh, no, I could get them to just like, you know, have the aura and the feelings and so on.
And I'm not saying that we should make, you should just recite one verse and go down. But but make it reasonable and make it slower. So you allow for people to glance at the meanings, which I believe to be permissible to glance at the translation while you're reciting so that they could connect, they could also reflect on the meanings because that is helpful so that they don't get just tired of listening to some recitation that they do not understand.
None of this is as a matter of changing of anything that the professor silent game, whether it's just changing the way we're doing things, but sometimes, it is not. Sometimes it is, if we go a little bit, we take a little bit
a step forward, when you have the majority of the scholars agreeing on a certain position, and then we find that this position causes us difficulty causes us you know, hardship. In in our times, for instance, in in, in the Islamic judiciary, we have certain admissible proofs that the scholars agree upon. The scholars agree upon certain
admissible proofs, which is basically admission acknowledgement prior or admission confession, there are or the two witnesses, one or one witness, and one oath or four witnesses in some cases, and then Oh cool, which is basically declining to take an oath, there are certain
admissible proofs in Islamic judiciary. But nowadays, with the advances in forensic medicine, with the advances of
forensic investigations in general, well, we basically make use of those corroborative evidence as those para and we make use of the DNA which we make use of the fingerprints when we make use of all of these things, or not. And you don't need to change anything here. You just need to go back and look at the controversy over the usage in Islamic judiciary of admissible proofs and you will find luminaries like Abner goddess from Santa Fe avenue for Poland from America.
Tamia from the Hannah Bella who supported, you know, assertively forcefully, they supported the use of corroborative evidence, as Andy said that the evidence is and Jerry are not limited to those admissible proofs that the fukuhara spoke about, that we that there is a clear text of revelation supporting their use, but any evidence that will bring about,
you know, confidence in the conscience of the judge that this
took place or did not take place, it would basically pave the way for the establishment of justice should be accepted in Islamic Courts as an admissible proof. Here in this case, that changes of time compel us to re examine the
issue to re examine this issue and Islamic judiciary. If it Islamic judiciary failed to incorporate forensic investigations and forensic medicine into the admissible proofs. We will continue to have troubles, you know, we will continue to have those, you know, weird cases, you hear about, you know, on CNN, this judge in this Islamic country or that Islamic country did this, despite the presence of that, or that, you know, will continue to have troubles and it is not just about you know, it is not about pacifying others. It's about our own interest as an omen, because it is important for us as an oma, it says time up right? Time is up.
can I take five more minutes, who's
five more minutes?
So it is, it is for our own interest as an omen, we have to re examine these issues for our own interests as an oma, there are a multitude of other issues that that we need to re examine. We really need to re examine sometimes also when it comes to the change of rulings.
It is just about terminology about terminology sometimes, because when we when we talk about surah, the prophets prohibition of surah.
Surah means what means picture, does this apply to the does this apply to photographs?
Just by the linguistic analogy,
linguistic analogy, linguistic analogy does not need to fulfill the criteria of a happy analogy. It's just basically you're saying that this picture that the prophets of Salaam was talking about is called Sora. The photograph is called surah. In Arabic, this is what are this is Surah. Then photographs are prohibited because the Prophet forbade first we're and sutras.
No, it would not. Because we have to really examine what the photograph is about and what the picture the prophet SAW Selim was talking about was about is, is there a you know, any like?
What, when you have it when you click the bottom of the camera, when you are you imitating the creation of Allah, there is no imitation of the creation of Allah here. You're just the preserving the surah that Allah created, just like,
you know, having a mirror that captures your surah and keeps it is looking into the mirror permissible? Yes. Let's imagine that the mirror captured your surah and kept it. That's it. That's what happens in photographs. So, so but but the issue here is the issue here is is not whether the surah is halal or haram. If you want to save as well as Haram, then that's fine. But you cannot just say the surah is haram because the Prophet forbade sower unless we you have to create a fakie analogy you have to prove, but through 50 analogy that the photograph meets the same has the same prohibition, that the sower the prophet SAW Selim are the pictures drawings that the prophets Allah
salon for babe had, once you can make that analogy, you will find if you want to say and I'm not it, I don't even want to spend time talking about this or supporting favoring one position over the other. But it is not that it is not that simple. You need to look into
that can take like the like the contextual circumstances. So when the Prophet sallallahu Sallam forbade women from traveling alone
is the word, the word suffer, which means it means travel, you suffer travel, suffer travel, but was suffering during the time of the Prophet masala more traveling during the time of the prophet SAW Selim. Just like traveling during our time.
Different it was different. It was extremely unsafe to drive for a woman to travel alone, you know, in the middle of the desert, in the middle of these paths and then in the desert was extremely unsafe for a woman to travel alone. And I'm not gonna talk about you know, the disagreement over this. But what I'm trying to point out is the difference between suffer and suffer although
The term is this it is the same this is suffer and this is suffer. But this suffer is different from this suffer. Therefore, you find some of the strictest scholars saying that if someone delivered the her at the airport and then she traveled nonstop to a different city and someone was able to pick her up from the other airport, then it would be okay. But you know this is also suffer. But you're saying okay, because you're recognizing that this is very different from crossing, you know, the desert, and traveling from Mecca to Medina or Medina to Mecca, or, you know, traveling to Yemen, during the time of the Prophet sallallahu Sallam alone as a woman. So
these are things that we need to examine. Sometimes the changes around us are very, very consequential. When we talk about rebellion against the rulers, for instance, when we talk about rebellion against the rulers, the prophet SAW some forbade rebellion against the rulers, did he
have a slot? razza? Yeah, but
but there are a lot of details.
So there are a billion that the Prophet sallallahu Sallam forbade? Is this the rebellion? We have to examine certain things, is this the populist revolution? Or is this the sectarian uprising against the ruler? Is this the arm, you know,
rebellion? Or is this the unarmed uprising by the people? Is this the rebellion that is supported by Al Hamdulillah? Are the people in charge?
Or the sort of the elites of the society? The intellectual elites, the fuqaha? And, you know, and,
and so on? Or is it the rebellion that is not supported by and in Hollywood? So you don't take just like a sort of a superficial partial understanding of an issue and try to basically paste it to all circumstances and all conditions, there has to be a thorough examination of the circumstances. What did the Prophet mean, during that time,
that that change is also the changes in reality will affect
what would affect to the routings the great extent. Now, if you tell me that there was no voting during the time of the Prophet salaallah, Suleiman Abu Bakr, therefore democracy is in invalid
democracy as a philosophy.
Some people consider democracy to be philosophy, some people consider democracy to be at a more technical level, less philosophical level.
But at the end of the day, even if you say, in in Pokemon lalalala, it will still be people that will bring this to existence, otherwise, you will have a paradise mentality. If you think the lies the one who implements those aka, it will still be people, there will still be parliament, and there will still be a majority vote. Because even when it comes to AD, hoc muela people will disagree over many of the details and there will still need to be there. There's still a need for a decider like george bush said, but it's correct. It's it's. So it's a good it's a correct word. At this there is a need for a decider and that this cider is
is basically the majority rule. And if you say, nowadays, we have the ability to do this, we have the ability to have voting, because the technology has allowed us the ability to have voting during the time of
let's say, half an hour,
passed away. And some people say that we know you don't actually ask everybody, you just ask, you know, the elites, or the scholars or so on. You don't need to ask everybody and there should not be a public vote. But after Abu Bakr passed away if they actually sought a public vote from all over Arabia, all over Arabia,
It would have taken them a couple of years to decide on a successor. Because by the time you get the public vote from all over Arabia, that would have been a very long time. It would have been logistically impossible. Where was it done during this time in which in which state in which empire in which country, they have public voting, so it was not done during, in in the success succession from Abu Bakr Omar for the simple reason that it was logistically not possible to have a public vote. But when Amaro the lohana, who passed away and after Ramadan, I was basically entrusted with selecting one of the six people of the amount of knowledge knocked on the doors of everyone in
Medina, in Medina, capital, Medina, not because of basically favoritism not because all of the Sahaba that were already spread out in different parts where their opinion did not matter. But because of logistical difficulties, it is impossible to wait to wait and not have a halifa until you send to a shaman you sent to the Iraq and he sent Egypt in central Yemen, and figure out who wants whom and, and stuff like this, but they didn't have the right motive now for knock on every door and ask every man and woman they even say, you know, our dues. So the he asked every man and woman What do you think, isn't the this sort of like a public vote? So that the fact that they did not ask
everyone in the in the state, and they just asked the people of Medina because of logistical difficulties with the change of times,
should there be a change in
the ruling in this case, there would there would be a would be expected. So we go back and look at the objectives of the Sharia. We look at the wisdoms of that shriya and try to basically find the proper ruling for the new circumstance on this on the basis of Mikasa Sharia and hokum, especially our protocol, the other stuff