Hatem al-Haj – QWD003 The Coherence of Shariah – Introduction 3
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The third class on salvage maxims is the legal maxims, with the third class being divided into various stages, including the Fcf, financial transactions, and the faq family. The Sharia discipline is discussed, including the deduction process used in the Sharia law, the importance of understanding the objectives of the Sharia, and the use of the word "verbal" in the legal system. The speakers emphasize the importance of learning about the people involved in each maxim and clarify the subject matter of each term. The Sharia book is discussed, including the default certainty and universal principles of the book, and the potential for disagreement between wired and criminal laws.
AI: Summary ©
About to proceed.
So this is the 3rd class on
coherence of Sharia,
the legal maxims with Ambedri
and other applications.
And
if you remember,
the the the bird's view is is important.
So I repeat myself a lot
just to make sure that you're familiar with
the topic.
So I'll I'll try to zoom in on
today's discussion.
So
the legal maxims,
We said that we will divide the book
into 4 parts. The first preliminary
section of the book will be on introductions.
The second will be on the grand legal
maxims, the 5 that we kept on repeating
every time.
So you should remember them by now.
So these are,
judged by their intentions.
Certainty is not overruled by doubt.
There should be no harm or a supplication
of harm.
Hardship begets ease or concessions,
and
customs are given consideration.
These are the grand,
legal maxims, and
they have many branches.
So the second section will be about them.
The third section would be about the independent
legal maxims
that are
short of the grand. They are not
as
comprehensive.
They don't have as many applications as the
grand legal maxims, but there are still,
universal legal maxims
that have many applications. So that's the 3rd
section.
And the 4th section will be on PIPI
regulators,
which are likely in maxims,
with,
one difference. So they only apply
within,
sort of a a chapter
or, they have
a smaller,
narrower scope of operation
than the,
regularly at maxims.
So
we are,
we are we are discussing
the preliminary section,
and we said that the preliminary section
will cover the 10 principles that should be
addressed when you introduce a subject,
for the first time.
And
we basically,
talked about those ten principles
several times,
so we will not repeat here. But last
couple of times, we were talking about the
definition of the subject
and the subject matter.
Definition
and subject matter. We're still trying to introduce
the subject and we're still trying to talk
about
the very,
beginnings of any introduction.
So
we if you remember
that we said that the definition,
basically, or a tariff
is important. It's not it's not unimportant. It
is important. You want a good definition,
and we we said that the the good
definition would be inclusive of everything that belongs
to the defined
and exclusive of everything that doesn't belong.
And
we said that it should be clear
also.
But remember from the first time we said
definitions
are neither
necessary
nor sufficient
for conceptualization.
We said that. And this is basically
the thesis
of,
Imam al Taymiyyah's
critique of Aristotelian logic,
or part of his response
to Aristotelian logic when it comes to
or the chapters on conceptualization.
Definitions are neither necessary
nor sufficient.
So the definition that we have gone over,
even after we address the subject matter, would
not give you enough conceptualization.
And for better
discernment of,
you want to compare
to similar,
subjects. You want to compare
the science to similar subjects, similar topics, similar
sciences.
And you want to know
the relationship
between
this particular
topic or discipline of knowledge
and
disciplines
of knowledge that are
related.
So we will talk today about the NICEB,
the relationships.
When we talk about the relationship, we will
talk about the relationship of Al Qad Al
Fakhayyah
to,
the relationship
of
Al Qaeda
to Fekh.
All of this is about Fekh. Right?
Because
you need to know
the family
of,
the particular discipline that you're studying, which family
they belong to. We've defined that. We've talked
about subject matter,
but which family does it belong to, and
what is the relationship between
this discipline
and other related
disciplines.
Of course, this is a Fakih discipline. It's
called the Qawad al Fakih. It is related
to al Fakih.
And you want to remember
that,
the Islamic world view is what?
It's based on
Those who had faith, those who were the
the the believers
who had faith,
and did righteous deeds or were righteous,
in their actions. So it is basically faith
and righteousness.
These are the 2 pillars.
And when it comes to righteousness, there is
the righteousness of the interior and the righteousness
of the exterior.
Right?
Internal actions
or interior
and exterior.
So if that is is
clear that
that will be sought for themselves,
and
the sciences.
We seek them for themselves
for what?
Fixing the the the face,
that is, you know, It
is not apologetics. Most of the that we
do is is actually apologetics, not.
It's the sort of the the the pure.
These are the things that Muslims need to
know
about their Lord and,
their belief system.
So it is.
And then when it comes to fixing,
your interior,
that is taskea,
also called tasauw.
And when it comes to fixing your exterior,
that is FEP, your actions.
You know? So all of the actions, all
of the exterior actions
that belongs to the, discipline,
they belong to the discipline of,
Fekh. Fekh itself is divided into
Ibadat and Firkl Muamala.
Basically, your relationship with Allah, Firkl Transactions,
that is your relationship
with
everything else, including yourself.
So when it comes to your relationship with
yourself, that would be
I
mean,
and when it comes to your relationship
with others,
so the the Muhammedat would be divided into,
the BUA transact financial transactions,
not necessarily just the BUA, like, financial,
in
general.
And then you have,
the faqul family,
which doesn't only include marriage, but marriage and
divorce and custody and all of those issues,
family. So,
and and they usually have faqalai Badat first
because that these are the rights of Allah.
They should come first. And then after faqalai
Badat, they have the FIPA financial transactions
because
once you have
known your lord, you you need, basically
to fend for yourself,
to support yourself.
And once you have
been capable of supporting yourself, they move on
to or
the family.
Because now you should have a family.
You know? Start with knowing your lord,
commitment to your lord, you know, fending for
yourself,
and,
then having a family. And they then they
they after this, they will add
and and so on. And sometimes they put
jihad at the end, and sometimes they put
it between Ibadat and Muhammadat.
So
they say that after Allah fulfills his favor
on you so now, you know, you you've,
been able to support yourself, you have a
family, and so on, then you transgress.
And, you know, that's where most of the
people comes,
after the the favor is completed, the last
favor is completed on them.
Then you need Qadar and Hadud and Janayat.
You need the fact of penalties,
punishments, you know, judiciary and so on,
to,
basically
deter,
transaggression.
Jihad
is sometimes placed between Fekkad Abadat and Muammarat
because in one sense, it belongs to Abu
Dhabi. In another sense, it belongs to Amalat,
Muamalat.
Or since it is,
there what is salam
or the peak or the pinnacle,
they put it at the end,
because that that is when you have
done you you have committed,
to Allah and to the creations,
and you have done your best. Now we
will need to resist
temptations,
that that attempt to to make you swerve
or to
to make you deviate from the straight path.
And that is,
what Jihad is about.
So this is FICC, and this is intended
for itself.
This is one of the end sciences.
There are 3,
3 end sciences.
Al Qaeda, that's not apologetics. Al Qaeda,
pip, and scale.
These are the 3 insciences.
So what about the Quran and the sunnah?
Well, eventually, the Quran and the Sunnah will
tell you about aqidific and scale. So these
are the sources.
These are called source sciences,
and it's extremely important that you read the
Quran and the sunnah. But when you read
the Quran, Allah is telling you about these
things. Allah is telling you about your aqidah.
Allah is telling you about, you know, your
your actions
are correct to them.
So that is ultimately,
these are ultimately the end sciences.
So let us figure out now
how would
would relate to these end sciences.
It is a a a subsidiary
or ordinate,
branch
of FIP subordinate to FIP. It is subordinate
to FIP. It belongs it's related to the
FIP sciences
or the legal sciences
subordinate
to
FIP
subordinate to FIP.
And what are,
the other legal sciences?
What are the other legal sciences? So we
have
different groups of legal sciences.
Once you have mastered them, you have mastered
FIP.
They belong to these groups.
The first thing is Ozoul, which is basically
principles of jurisprudence.
Principles
of jurisprudence.
It's Alma Osul al Firk.
Right? And it is an important science. Why?
Because
it is basically the discipline that will enable
the FAPI
to extrapolate or to deduce rulings
from the, detailed detailed evidences.
So it's it's a foundation on science. It
is an important science because it is the
science that
that examines
or the the evidences
of Sharia,
Quran, Sunnah, Ijma'a, Qiyas, and so on.
And it's the science the science that shows
you
how to
basically deduce rulings.
And we will come to talk a little
bit more about
related to Usul al Firk is Al Maqasid.
Maqasid are the objectives of Sharia. So this
is related to Usul al Firk. In fact,
Al Maqasid
belongs
Al Maqasid is is an important science. It's
an important discipline of knowledge.
However, you will not find people who are
basically authoring on Maqasid. Before Imam al Shatta,
he didn't find people authoring
in Maqasid per se,
because
in
in in,
in reality,
Al Maqasid
belongs under
1 so
when we talk about Almo
we
ALMOSOLL FIRK. ALMOSOLL FIRK is about what? Giving
you the tools to deduce rulings
from,
the detailed evidences.
So it is here the or
the different topics of Al Muzwul al Fekh
will have to do with,
so Al,
Mustaf Mir, Al Mustaf Mermanu.
So it has to do with evidences.
It has to do with
El Akam
rulings,
And it has to do with
which means a deduction
deduction. How to deduce
how to deduce rulings from the evidences.
And it has to do with the
or.
Comes from what?
Samra is fruit. Mustasmer is the one who
picks the fruit. It's the Mujtahid.
The Mujtahid
who eventually
will will,
through will, be able to
extract rulings from the evidences
through a known process of deduction or estifmar.
Okay? So that is the Mujtahil.
That is what is about, isn't it?
It's about these things.
Under
under Adela, you will find
and under
you will find
which is analogy
or analogical deduction.
Analogical
deduction.
Okay?
So that's okay as. Under okay as you
find certain
they're called.
Would be what?
The rationale the legal rationale,
behind you know, the effective cause, the legal
rationale, the manate of the hook,
and,
effective cause
Or rationale.
Or.
Okay.
So under
you will find
means what?
That means suitability,
you know. Is this particular description suitable to
hinge the ruling on it or not?
Is this particular,
description.
You know? So a Bedouin man came and
urinated in the masjid, and the prophet ordered
them to,
basically
submerge it in water.
So
what what what is in the description,
here that would basically
call for
the, you know, submerging the the urine?
Does the fact that he was Biedwin have
to do anything with us?
No. It doesn't.
Therefore,
even the fact that he was a man
doesn't have much to to do with this.
Therefore, these are all descriptions that will be
canceled by the Mujtahid
Zoom in
on the description that will be madrachel hakme
that will
cause
the the.
It's urine, and urine is nudges.
Okay? So
suitability,
it is something that you need to be
familiar with. Under
you
need to study in.
You need to be aware and you need
to be cognizant
of the objectives of the sharia
so that you could know
which
description
is,
which description,
is
consequential
and which
description is inconsequential.
Tardy,
inconsequential.
So
this is where Macassa,
you know, this is where Macassa belongs. Does
the am I trying to belittle Macassa here?
No. I'm not. But I'm trying to show
you where, you know,
the relationships,
the family tree. But then Maqasid became a
discipline
by itself.
Certainly, some people abuse the concept of Maqasid
or objectives of Sharia.
That is why if people are not grounded
in the,
all of the,
and so on, they will end up abusing
the concept of al Maqasid.
Because if are
to preserve
life and preserve the religion or people's faith,
life,
intellect,
progeny,
property,
and some people add honor.
And and you may say that it it
belongs to the same category as progeny.
But, anyway, if the Sharia
is after preserving
and shows,
after preserving these essentials,
how do you differentiate
Sharia
and else?
Because, like, which law in the world
that would not claim to be preserving
you know, I I'm I'm not quite sure
about faith,
but to be preserving life,
you know, intellect,
property, and so on. So if the Sharia
is just about this, if if this is
enough
enough to know to be able to do
your, you know, it's to have and so
on, then there is no difference between the
Sharia and any other law. But you will
have a Sharia does not only point to
the objectives,
but it gives you a road map
how to get there.
If you take the objectives
and throw away the road map, this is
not
this is unfair.
Okay? So anyway, so you have Al Mosul,
you have Al Maqasid,
and you have a bunch of sciences
that are called the.
Al Takhrid. Takhrid would be translated as
extrapolation.
Extrapolation.
Which means what? These are you know, if
you don't study this but you're you're smart
enough, it will be in your brain. But
if you study this, certainly, it would help
you,
it it would help you have a grasp
of,
the the these concepts.
What what do we mean by extrapolation?
So you have,
right,
The the fundamentals
or the principles of jurisprudence.
And you have the detailed rulings. You have
fiqh. You have the usul. You have fiqh.
So
the greed or extrapolation
is when you extrapolate
the branches from the usul. The the the
for all of the detailed rulings,
the principles of jurisprudence.
They will show you so, you know, certain
books will show you. So the Hanafis, Medici,
Safaes, and Hanberis, they disagreed over this, and
they will trace it back. They will say
they disagreed over this ruling.
They will trace it back to their different
o' soul that resulted
in this disagreement,
their different o' soul that resulted in this
disagreement. Because the disagreement between the scholars, the
scholars are not infallible. They make mistakes and
sometimes they're inconsistent
and they can sometimes have double standard.
They're human beings,
human beings. But they're great human beings. They
are learned human beings. So
mostly,
their,
disagreements
were based
on Hussoul
that they had,
that reflected on
their ex, you know, deduction
and and led them
to arrive at different,
conclusions.
So
to to basically to be able to trace
back
Tracing back. You know? That's tachrich, extrapolation.
But you could also do the opposite, extrapolation
of Ozurd from Foroa.
And you could extrapolate Osul from Osul and
Foroa.
Anyway,
the this is a discipline in and of
itself. It's a great discipline. It's called the
takrij,
and it is very helpful for the faqih
to become to have mastery
of faq. So this the this is basically
a category,
of,
legal sciences.
There's,
there are other categories.
Okay. Maybe we'll just,
so we said that also and then
the
sciences that are related to those. And then
you will have
Hayat, Hadith, and Akam.
Hayat, Hadith,
Al Akam,
which are basically the verses of the Quran
and the the Hadith
Hadith of the prophet
that pertain to rulings,
pertain
to
rulings.
And these are considered
one of the the some of the disciplines,
Some of the important disciplines
some of the important disciplines,
that that
pertain to fiqh.
I had to Hadith r Hakam. The verses
there are books that are
separate. Like, when you when you study Bilu
al Maram, for instance,
or you study, like, a commentary on Biluq
al Maran, when you study Montaka by,
Imam al Ntaima, the grandfather, not the famous
one,
You're studying
the Hadith of Al Hakam,
and then there are Ayat Al Hakam.
And, you know, even the the the Tafsir
of Al Imam al Khortobi,
is mainly about Al Hakam. It's it's it's
to a great extent about.
So and there are different books
had a very nice book on Hayat Al
Akam for the beginners.
They can benefit from it a great deal
as well. So this is another
category
of peppy sciences.
And then you have one category that is
called al fatwa,
and the
issue an edict.
Is judiciary.
How would you translate
to
would be
I
my preferred translation
is,
Sharia compliant
politics.
Shariah compliant politics.
It is
not Sharia politics. It's not Sharai politics. It's
Sharia compliant,
politics.
Okay. And then
did he get basis?
That's you you want to translate it as
legal basis for the politics?
Yeah.
Like, we we we'll just call
a legal basis for politics?
No. No. I am I'm no. I'm it's
it's possible. It's possible. But, you know, so
they are compliant politics
is easier.
Yeah. Anyway, it's it's it's it's it's Islamic
guidelines,
governance, and this is a like, a
a hotly debated
topic,
governance.
Islam does not provide detailed rulings when it
comes to governance. It provides
guidelines
guidelines
that a Muslim
should
be aware of
and should,
certainly,
be sensitive to.
But does Islam provide detailed rulings
when it comes to governance? No. Because that's
part of the genius of Islam is that
when things
fixed and constant,
it provides a great deal of detail.
Like, if you compare the number of a
hadith
that
are,
related to prayers, for instance, or to do
to the number of hadith that are related
to governance,
you will find that difference
because
things that are subject to circumstantial variables,
Islam provided guidelines.
So that is why it is it is
best to call this Sharia compliant
politics. Be there are still guidelines.
These guidelines
are important to observe,
you know,
in in governance,
in politics, and so on and so forth.
But they are still
guidelines.
Okay.
And and if there are some detailed rulings,
those detailed rulings are not the basically, the
rule. They are the exception.
But the guidelines,
it was meant
for this particular,
section
of activities,
to be
regulated
by the.
It will not be
flexible enough
to
adapt to
circumstantial
variables.
Okay. So, anyway and then you have,
like, the then, another group of pecky sciences
that are called
would be intros,
introductions.
So when you study,
you want a book that will basically familiarize
you
with with
and familiarize you with the writings on and
the developments within the different malabahib,
you know, how to study a particular madhhab,
the terminology used by the people in that
madhhab because the terminologies
differ.
So if you if you if you basically
study the Safa I mad hub and now
you're trying to study the Madiki mad hub,
You may be lost because they have different
terminology.
So you need to familiarize yourself with the
terminology
of the people in this particular Madhab and
so on. So these are the
Madakal introductions.
You know, a famous book on Madakal.
And and we said that science is developed.
So many of the things that the scholars
had in their mind,
they put them down,
you know, for
the students of knowledge,
to to learn them in a systematic way.
So when we say that
is a great book on on on Madahil,
we're not saying that in Merdau, we did
not write on Madahil. But, you
know, the Abneboudran,
who's
largely a contemporary scholar,
wrote a separate book that is called Al
Madkhal,
to the faqhav al Imam Ahmad.
So, you know, some of these sciences came
later than others. You know, they were crystallized.
It's not like the science itself,
the concepts themselves
were absent. No. They were not absent.
That but they dedicated
they made it a discipline
by itself and started to author on it
at different
stages. And some of these sciences came much
later
than others.
And we will see when we come to
the development of Al Qawad al Fakayyah
that it was one of the later sciences,
not the earlier science. So Fakle preceded Oswald
in authorship
even though,
conceptually,
technically cannot come before before Oswald. You need
Oswald to have FIP.
You need the principles of various prudence to
be able to use
rulings from the detailed evidences.
But in terms of authorship and being a
discipline by itself,
we the wadah of al Muzad Al Fakher,
the founder of the science of al Fakhr's
al Imam al Shafi'i
in his book, Risaleh.
So this came,
you know, about 200 years
after,
Fefni came about.
So that does not mean that Usoul but
the authorship, you know, that this made a
discipline of knowledge,
later.
So, anyway,
would would be history of legislation, and we
have a series here. Like, when I first
moved to this area, we had a series
on or
history of legislation,
which will tell you about the development
of legislation
from the time of the Sahaba, even from
the time of the prophet
until,
today.
The development in,
the the discipline of faqq, the the different
developments in the discipline of faq and the
different phases and stages. And people disagree over
these some you know, a lot of people
disagree over these things and,
the the different characterizations.
But, anyway, it's a discipline.
It's an important,
discipline.
Which would be lay the layers of fakaha
or the biographies of the fakaha.
And if someone
does not know the biographies of the Fukaha,
can they still be FFP? They likely can
be FFP. It it's not expected
that someone is is really FFP in a
particular mad hub. Like, you you just it's
hard to imagine
that you'd be
and not know
the Imam
or
It's just hard. But, anyway, you like, you
don't you you know, it's it's not essential
for,
FIP,
in and of itself. And then you have
a group of sciences
that are most related now, which are.
And I would say,
the legal maxims that we're studying here,
and would be parallels and analogs
parallels and analogs.
And we will come to the differentiation between
them later.
Are more related to each other.
And then Al Farooq, distinctions distinctions,
between the different,
applications.
And then you have another
which is basically another,
and that is,
legal theories, legal,
theories.
And you have,
you know, I I I think that this
is this is enough for for this, group.
So
now
these are all
disciplines related to
the science effect,
which is sought for itself
because it is how
you correct your Ibadah and Muammarah,
your worship
and your dealings
with
people, including,
yourself.
Okay.
So we said that would
be subsidiary to
or subordinate
subordinate
to
subordinate to Al Mefik.
Does that
mean
that the relationship between Al Qaeda and Al
Mefik
is
the.
Which means what?
Means,
universal
inclusion.
You know?
Universe inclusion particular than Nile.
Let me tell you. When you have
we talked before about something called the.
Right? If you remember,
is the particular,
and
the collie is the universal.
What is the difference between universal in particular?
Universal
does not does not preclude a shterak,
you know,
that you have different members within the same
categories,
different members within the same category. That would
be universal.
Particular,
you know, there is only one member in
the category.
One member in the category.
So Mohammed is
a particular
entity.
This Mohammed is a particular entity.
So this would be like a dot,
and this would be like a circle.
You know? If if you say this is
a particular and this is a universal,
the relationship between the particular and the universal
can be one of 2 things.
This is either here or here.
If it is here,
this is,
This is universal inclusion.
So the the kuli
you know, the the the jus I is
a member of the kuli
is a member of the kuli. And if
it is here, it's called tabayon, variance
variance.
Okay?
But when you have a COLI and COLI,
when you have 2 COLIs,
COLI and COLI.
So you have a,
and
you have another.
Okay. So this has members,
and this has members.
The relationship between them can be one of
4 things.
The relationship between them can be one of
4 things. We're We're trying to figure out
the relationship between
Perk and
now Perk and Kauat Fakay. The relation but
they're both fully universal. Right? You know, when
we talk about the parrot pakeha, we're not
talking to just talk about particular. We're talking
about something that's universal,
and the same applies to effect. And the
relationship between them
can be one of 4, things. We have
2 collie or 2,
universal
categories.
One of them is called Tabayon,
and that is variants.
These are the Venn diagrams. The Venn diagrams
are very helpful, by the way.
Variance.
Okay?
On the very opposite side,
you have this is a
and
this is another curly.
Okay. You should have you should not have
seen two lines. I I meant complete overlap.
When you have
I meant complete overlap.
This is called
which is equivalence.
So, Hajara,
stones,
and
humans.
Stones and humans.
Stones.
Humans.
No human is a stone. No stone is
a human.
Okay.
This is
variance.
Here,
when we say,
for instance, what this one is
laughing,
and one is a captive.
Captive means writer.
Write or
yeah. You know,
these 2 there there is a difference between
in mafhum, which is the conception, the notion.
The notion is in
The of Adbak and Katib, the laughing and
the writer, is it the same?
No.
So why am I having them overlap like
this?
Is the same.
The denotation
there is difference between notion and denotation.
Notion is the of whom?
You know, things in the outs you know,
in the external reality
to whom this term applies
in in in the misdak
or the external reality,
or the denotation.
They are the same thing.
Every
is
and every
is because these are
these are called what?
For the the human being.
You know?
These are called
for the human being.
The do you remember the the difference between
the casa
and the, you know, the property and the
fossil differ differentia?
We said they but but but, anyway, just
go back to the first,
first session.
But, anyway, these are particular to human beings
particular to human beings. And when we say
this,
we don't mean
by actuality.
We mean by potency.
So because not every human being is able
to write.
But by potency,
you have the potency to you have the
ability to write if you if they teach
you. You know?
So
not every human being is is a writer,
but by potency.
Not
by
potency,
not actuality.
So this is a relationship of equivalence to.
Okay?
And then,
then you have
this relationship
now.
And
okay.
And that this relationship
okay.
So for relationships
only,
this is the Bayon. This is variants.
Stones and humans. No stone is human. No
human stone.
Here,
if you say
black
and bird.
Not all black things are birds, and not
all birds are black.
Right?
This is a universal category.
This is a universal category.
Do they overlap?
Yes.
If you find the black bird,
then that that is the area of overlap.
This is called what? Partial overlap in the
Venn diagram
or intersection.
Intersection.
So you call it partial overlap
or you call it
intersection.
What do we call it?
We call it
Why
do we call it?
Means generality.
Means particularity
or specificity,
in one aspect. From one from one aspect.
So
let's let's finish this. What is this? This
is universal inclusion or this is just complete
inclusion. This is a
and this is a kundli.
So when you say Hayawan and Insan,
animal
and human,
The insan belongs to high in Haiyan,
but, you know, so every insan is Haiyan,
not every Haiyan is insan.
Every human is an animal. Not every animal
is a human. So that's why we call
universal
inclusion particular denial.
Some Haiyuan are not insan,
but every insein is a Haiwan. This is
the universal,
you know, affirmative.
Every insein is Haiwan
and universal inclusion.
And the exclusion here or the particular denial,
some hai wan is not insane.
Some of the hai animals are not,
humans. And you can apply this to many
many things, you know.
So this is called the
absolute.
So the relationship between them here is one
is completely contained by the other. One is
completely contained by the other.
Would you say
that
in relation to
is
universal
inclusion?
Or would you say
partial overlap
intersection?
Who would say,
One science
includes the other.
Okay. Who would say,
partial overlap?
Okay.
And the rest are
and
the rest are too afraid
to say anything.
What?
Most I mean, the the issue
is like like this intersection
or
like this. Okay. Most of the said most
of the people said it is.
It's absolute
inclusion.
You know, complete inclusion. One one includes the
other.
I'm I don't blame you because it would
seem like this. It would seem like this.
However,
some of the scholars would say no. It
is not.
It is.
It is partial overlap.
There is intersectionality
here.
But how come? How come? So when we
talk about
Fek,
there are
some Fekki details that do not necessarily
cannot be fitted under a kaid of akaya.
There are many firki details
that may not fit under a kaid of
akaya. He will tell me, fine.
Still applies.
You know, there is fak is larger
and part fakayya is a subordinate science. It
is here. So if the if if you're
saying that some Fekai,
some Fekai rulings
do not necessarily
belong to Al Qaeda, FEPI. Yeah. That's fine.
I'm I'm okay. I can live with this.
However,
you you know, they may come back and
say,
may have applications outside of filk.
May have applications outside of may have applications
outside of may have applications outside of may
have applications outside of may have applications outside
of may have applications outside of may have
applications outside of may have applications outside of
may have applications outside of may have applications
outside of may have applications outside of may
have applications outside of may have applications outside
of may have applications outside of may have
applications outside of may have applications outside of
may have applications outside of may.
Therefore, you will have to use this diagram.
Now,
is it is it just like this? No.
It may be. You know? So this diagram
can be,
drawn like this.
Right?
So this would be
and this would be.
It doesn't have to be like this, you
know, but there is
partial overlap.
How
how why do we say this?
Why why do we say this?
Remember, one of the
will be shuck,
which means what? Certainty is not overruled by
doubt.
This can be applied in a p not
just PEP.
Can you apply this in a pita? Of
course, you could apply this in a pita.
In fact, we always, you know,
recall the sky in in Arapid.
This is actually
a way of life.
It is not you could apply this in
your episteme,
in your epistemology,
in your way of know things.
You could always apply this
in your way of knowing things, which is
called epistemology.
So it is
much
wider
in its scope of operation
than
the fact.
Certainty is not overruled by doubt. And this
is something that we have to learn to
apply.
When we discuss this Qaeda, we will see
that this Qaeda
is universally applicable, and we have to learn
to apply this,
If you say,
that which is based on
bottom,
you know,
something invalid or that which is invalid is
invalid in in it in itself.
So
if you bay
bottle for a bottle, that which is based
on bottle or invalid is invalid.
So this
is this applicable outside the FERC? Of course,
it is applicable.
What does that mean? If you ascribe partners
to Allah,
your deeds will be
invalidated, will be ruined.
That is
Your deeds are basically
they have to be hinged on face. You
know?
He who does righteousness,
whether male or female,
while
a believer.
So so
if it is not based on faith, then
it is bottled. If it is based on
invalid faith,
then it is,
invalid.
Therefore,
the relationship
between
and
is.
It is partial overlap
or
inter
section, not
because there are some that
can be applied
outside
the discipline
of FERC.
Clear?
No questions about this?
Yes.
Can
Jesus fall into the sour? What
these are all the sour odds. You know,
the these are all parts of the sour
in in order for us the relationships
are important for us in Tassar. So Jesus
is is basically specificity
and,
or particularity.
And,
is universality,
or generality.
They they're all part of the mabahas of
Tassar. They're all part
of the concepts of Tassar.
Yeah.
Yes.
Yes. It works both ways. Not all rulings
effect are, you know, subordinate to certain maxims,
and not all hand,
maxims do also have applications outside
FICC.
We could use the same terminology.
We can use
the
Could you use the same terminology? When you
say
to to to to say that someone who
does not have faith, their actions will be,
basically invalidated,
That you could say,
He could use the same terminology.
Yeah.
No. The the all the Quran can be
applied to Fekka, but they have applications outside
the as well. So that is why in
this area where there is is a and
it is being applied outside of,
It does not belong to
that area of intersection.
It belongs to
the area where it is,
but the application is not.
The application is or
epistemological
or some other application. If,
the questions can be until the question and
answer time, just the clarifications.
Yeah.
Because yeah. I
I just wanted to I wanted you to
ask for, like, clarifications
because, certainly, the questions we will come to
the the segment for the questions, and there
will be a multitude of questions.
But but usually, when we try to do
this in the past to make it more
interactive,
we basically
it was like a disaster.
Because the question can basically derail us completely,
from the topic.
So what I wanted to say here is
we you know,
we're out of time almost.
What what I wanted to say here is
now it is important for us to make
tamiz or to distinguish between
and
related
sciences. I'm gonna take some time from,
I just want to finish this. I some
time from a little bit more fraud.
So you have
This is basically Osold, principles of jurisprudence.
You have Al Hawaad and Makassudayya.
These are the objectives of Sharia.
And the objectives the science of the objectives,
Sharia has has
principles.
So principles of the science of the objectives
of Sharia,
principles of Maqasset.
You have another legal
theories
legal
theories.
You have Al Farooq.
These are called the distinctions.
You have
These are called parallels
and analogs.
And then you have
Al Madairic,
legal basis.
And then you have,
the regulators,
which we said are
just a lekawad but with
some with limited scope of operation.
We need
to understand the difference between Al Qaeda and
each one of these so that we can
have complete, thus, our conceptualization
of Al Qaeda.
So when you talk about
if you take a
for instance, if we take what
would be the differences between
First of all
first of all,
what is the subject matter?
You know, the subject matter of Al Fakkha
and the subject matter of Al Osul.
Subject matter of Al is what?
Human
human action.
To basically
designate a legal value for every human action.
Designate a legal value for every human action.
That's what is about. So human actions.
The actions of the accountable individual.
The actions of the accountable individuals.
What is the subject matter of
Ozool?
The evidences of Sharia.
We are examining the evidence of Sharia, the
Quran, the and
so on,
to show how to deduce rulings from these
evidences.
And the method of deduction is part of
the Usul al Fakk.
The adela,
the rulings, these are all and the person
who's doing this also
is included in the topics of Usul al
Fakk.
You understand now the difference between the 2
in terms of their subject matter?
Are regulators.
Is a regulator.
It, you know, regulate sciences.
So
will regulate the science effect.
Will regulate
the science
of usuls.
If you understand the difference in the subject
matter,
then
you have understood the difference between.
Which one, you know
so
let let's go over
let's go over, you know, some of the
differences here that I mentioned.
Where do
we
get
a
from? Come from where?
From
the language
and reason.
Language
and reason.
When we say,
command.
Is
being compulsory,
mandatory.
Okay. Nahi prohibition
implies
Okay.
Who said this?
The language and reason.
Language and reason.
Because al amri in language is a demand
from someone with authority who who it's an
emphatic demand. It's a demand of action.
And is a demand of abstention
from someone who has authority
to give you an order.
You know? So
then it is the the,
and,
language and and reason.
So if your father tells
you,
get me a cup of water,
if you don't get him a cup of
water, you have disobeyed your father.
This
is consequential
and unpraiseworthy.
So should
imply
obligation
for Wajub,
unless Malawi Asarif Hussarif unless something diverts it
from Wojub to Istihabab
to basically a recommendation.
But the default
for Amre is Wojub. This is Qaeda.
This is
an
because
I take this
and make.
That is why soon would come before.
Now I will take this card,
and then I will say
that the, you know,
Hakimu
Salah
simply
establish
the
prayer.
Of course, Akeemus Salah, it would it's almost
necessary knowledge for you as a Muslim that
this is with you.
But any command from the Sharra,
any order,
anything,
you know,
You know?
Any command from the would
be
indicating
until,
until something diverts it from.
So I took it now and I applied
it,
applied it to this text of Revelation because
Allah did not say salah is wajib.
Allah said, Akeemu salah, establish the prayer.
And,
you know,
how do I how did the fuqaha give
the wujub
value? You know, one of the 5 legal
values that we talked about before, Hanafis made
them 7.
So how did the give that one
category of values
to Salah?
Through this
principle,
A command implies
obligation
or.
Legal maxims
legal maxims, you have to to have to
sort of
how legal maxims developed. So
yeah. And where is the of the legal
maxims? The,
or the source of
is language
and reason.
Language
and reason.
We said,
reason
says, if your father says you bring me
a cup of water and you don't, that's
an act of disobedience.
That's reason.
And
Okay. So
now
when it comes
to
that, we will talk about this in greater
detail, but now we're just trying to sort
things out.
But comes from
your inductive
examination
of PIP, the body of PIP.
Therefore,
does it precede or
follow
PIP
follows.
Would proceed
because you need it to make FIP.
And then
after you have all the
detailed rulings of FICC
here.
The
examine all of those detailed rulings.
And then
once they have found
recurrence
of a particular concept,
and they detect
a pattern
in the rulings, a pattern.
Are patterns.
Once they have detected a pattern,
they formulate
it into.
They formulate
this pattern into.
So this is called
inductive examination.
It's the crop
of the detailed rulings, the entire body of
FEP. We're making
a That is why it followed.
And that's why when we were talking about
and
the development of the science of,
we will see that it came 100 of
years
after
fiqh,
it followed. Now we have this body of
fiqh,
and we're examining the entire body of fiqh,
and we're detecting
patterns.
These patterns, I would I would call them
the threads
that connect to the pearls of thick.
So there are many many pearls, there are
many detailed rulings,
and you're connecting,
you know, like, 100 of them with one
thread.
And you're saying
the
you know,
these,
rulings
are such because
or certainty is not overruled,
by,
doubt.
So we established here a pattern. Now
can you go back
and
find
substantiation
in the Quran and sunnah for the sky?
Of course, many times.
In
fact, in fact,
many of the Qawad,
are are
must, text of revelation.
So
you could basically
substitute
with,
this with,
in You could say
In fact, some of the scholars for the
blessings of the the words of the prophet,
sallallahu alaihi wa sallam, just use
instead of
When you come to
that's actually a hadith.
That is actually the verbatim wording of the
hadith. There should be no harm or reciprocation
of harm.
Now
when you come to something like the,
can you find, you know, evidence for this
in, you know, the sunnah of the prophet
of course.
You know, we will come to this and
we will say that when the prophet
said if you if if you,
if you find something in your like,
in in your stomach and,
you are in your, don't leave until you
smell something or
until you hear something or smell something.
So he's telling you go by the certainty,
the default certainty until you are certain that
you broke your wudu. So and so on
and so forth. So you
could find subset.
Sometimes, you may not.
Sometimes, they would be
simply
taken out of the patterns.
We have seen a pattern
here, and then we are
extrapolating
a principle
from this pattern. But oftentimes,
you could go back and find
evidence for them in the Quran and the
Sunnah.
But the way they developed
is by this inductive reading.
The way they developed is by this inductive
reading, and thereafter, they were formulated
into
those basically eloquent,
short
formulas
that that we will, we will have.
So that is the difference,
between.
1 precedes.
1 follows.
One comes from the language and reason. One
comes from the inductive reading of faq itself.
Are
more constant
and universal
than
Al Qadir al Shakhayyah.
Al Qadir al Shakhayyah
would be more constant and universal than Al
Qadir al Shakhayyah.
So they apply
without exceptions
without exceptions.
As we will discuss and we have discussed,
have many exceptions.
But
we said they are still universal.
Right?
Okay. Well, some people
thought that they are aglabi, not kulli.
They are predominant, not universal.
And we say no. When you have some
exceptions,
that does not compromise their universality.
Because whenever you have an exception,
you will be able to explain it.
Had there not been
a reason
for an exception?
The guy that would have been
completely
universal,
would have been completely consistent, completely universal. But
you will
find that this exception
basically belonged to another
belong to another
or to a
or something of that nature.
So these so they are They're both
They're both universal. However,
the principles of jurisprudence
are more
constant,
consistent
than and universal
than.
Having said that,
it is important to know that Al Qaeda
al Fakayyah and Al Fakayyah.
There is
a great deal of,
intersectionality,
between
And the same Qaeda
can be used as
When you say, for instance,
This is an important title.
It is both and
is what?
Default.
All things.
All things.
Is permissibility.
So the default is in all things is
permissibility.
Is that the default in all actions?
All things.
Okay.
What if you want to apply these to
actions?
You will separate between Ibadat and Muhammad.
The default in Ibadat is a toqif
that you have in order for you to
collect Ibad or an act of worship, you
have to retrace it back to the prophet
sallallahu alaihi wa sallam.
And the default in Muhammedalat
is
per permissibility.
Default in Muhamalat
is permissibility.
So whenever
whenever,
you know, the financial sector comes up with
a new contract,
we will say,
what is haram about it to forbid it?
We will not say, how can we,
or how can we
legalize it
or permit it? We will ask ourselves,
what is Haram about to to forbid it?
You know? And usually, you would say,
the reba,
you know,
These would be the the the bigger ones.
Jahala, etcetera, part of the Varar.
Reba and undue risk taking, usually undue risk
taking
and inequity,
you would be looking for something
to forbid it. But anyway,
is
this? Yes. The usuri would look at this
and say,
this is a a
the Dalil Ijmaali, Dalil kullil I sharia. This
is one of Adilat e sharia. 1 of
Adilat e sharia
that we use to deduce rulings,
is.
So I don't need
a proof to say something is halal. I
need a proof to say it is Haram.
Okay?
And then can the faqih can we use
this as a?
Yes. The faqih
the now who's using is
not
concerned about the
higher level of abstraction,
the
in
in abstraction.
No.
He they are asking him they are asking
him about
crocodiles,
or they're asking him about,
you know,
elephants.
I I'm I'm not going to say Imam
Ahmed said I have not seen anyone with
a greater nab or canine teeth than an
elephant,
meaning that it belongs to the,
you know, the the prohibition of all old
predatory animals that have canine teeth.
But, anyway but it's a controversial issue controversial
issue. So someone may say,
the default is permissibility.
Whatever animals you find, you know, like, when
people came to the Americas,
they found animals that they were not familiar
with. Right?
And then if you were a Muslim,
you would say, You will certainly you know,
predatory animals with canine teeth, you will exclude
from this. But if you found an animal
that is not predatory with canine teeth,
or claws,
then you will say,
I don't have to find the proof on
the premise.
This is the faqih now using it as,
either faqihya to apply it to a particular
act. Can I eat this? The faqih will
tell
you, You know, the the default
is, permissibility.
So one, you know, the same,
ruling. When we talk about or blocking the
means to evil,
or
blocking
the means
blocking the means. It doesn't say blocking the
means to what? But, of course, it is
blocking the means to evil, not to good.
Sadid Ra, blocking the means.
This is in Osun al Fekh, it's a
matter of disagreement between the scholars and the
different madhahib.
Is this one of the Adilatas
one of Adela to Sharia
or not one of Adela to Sharia?
The Marikis and Hanbalis would would tend to
accept this as one of Adilat e Sharia.
The ham the Hanafis and Shafais say no.
It is not.
But when it comes to
it as a kind of akhaiyah
in application
in the application of the Fukaha,
they
universally apply.
They universally apply.
Regardless of their disagreement on the household
over blocking the means, you will find them
in their applications
blocking the
the evil.
So as Aqid Afekayya,
as aqaid also lay it, it may be
a matter of disagreement.
But in in in application
or as aqaid Afekaiyah,
it's universally applied.
I am happy that we at least finished
the difference between
because that is is the most important distinction.
Next time, we will finish the difference between
or the
the principles of, objectives of Sharia
and
the legal theories
and the
distinctions
parallels
and analog,
and medallic legal basis,
and the arbitrators.
And maybe
we should have,
a break for 12 minutes
and come back
at 9 inshallah.