Hatem al-Haj – QWD004 The Coherence of Shariah – Introduction 4
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AI: Transcript ©
inshallah we'll start with the prepay and then we'll go over
other minimum offer, then maybe we will cancel the key q&a session
today, or just do like 10 minutes afterwards.
So
remember last time, we were talking about the difference
between, we are still trying to conceptualize that discipline of
knowledge, which is a particular pay the legal Maxim's. And we try,
we are trying to use the discipline of knowledge where it's
there in the preliminary section, it's interest section just for
conceptualization, and then we would go over and talk about
themselves and their applications and including their modern
applications. So we started by talking about how to introduce a
subject and we talked about the definition, we talked about the
subject matter. And we started to talk about certain distinctions
between this discipline of knowledge, and other disciplines
of knowledge that are related to it. And we want it to know the
Nyssa which is the relationship between this discipline of
knowledge, which is one of the 10 principles of introducing any
subject.
One of the 10 principles is this battle who are fabuleux or Wilder
it is moresteam Dadoo Mushara. And it's back to its relationship to
other sciences related sciences. And we began by identifying the
relationship between the father and the mother science or the
father science Feck.
We talked about how, how the relationship is called on Momo, so
sweaty, it is basically partial overlap or intersection, but it
does not it it is still as it is still
subsidiary or it is them, one of the subordinate sciences, one of
the subordinate sciences, its subordinate, it belongs to the
fapy sciences. And we started to, you know, address some of the
distinctions between this science and other P sciences. And we said
that we will need to address the differences between this science
and I'll also layer the science of also that the principles of
jurisprudence, we need to address the difference between this and
what else apart in my particular area, the work with the principles
of the objectives of Sharia, which is we said a separate science,
although it was belong to sort of
you know, it to a great extent. And then we will make, we will try
to figure out the difference between this and another Jatropha
pay the legal theories, the difference between this and for
rock, the distinctions, the difference between this and as
well, one of our perils analogs, the difference between this and
medallic, which are the legal basis and the difference between
this and the law, but which are the fact here regulators, that's
what we will be doing today to figure out these distinctions. We
started last time with the distinction between this and also
that and hopefully, we're good with this.
So
and smells
a half jurisprudence
and we said with the principles of jurisprudence, you're the
principal before you make flip, and then you make flip, and then
you do your inductive examination effect. And then you come up with
that legal Maxim and codified Okay, yeah, so this one precedes
the other one follows back and we said that they overlap and we're
not gonna go back there, but you want to go back and review this
inshallah and then so in Coloradan, Mufasa Yeah, that is
basically principles
of assigned some objectives.
This is the second one that we want to address here.
Then makansutra Yeah, this is this is two okay. So far the macros are
the principles of democracy. And we said my considered as a
discipline belongs to pursuit of traffic to a great extent, but it
has become a an independent discipline.
and
there's no problem in becoming an independent discipline, it is
probably a good idea. Because to understand the objectives of
Sharia to understand the intent, the intent of the legislator from
legislating, that is important. But as as far as, as long as we
know, where it comes from, we do need this, when we talk about the
idle oval account, or the effective causes, or the legal
basis, or the legal rationale of the camp to aid belongs to, you
know, the chapters of AOL, or the legal rationale of the Afghan. And
it was one of the chapters have also done.
But then,
you know, I just wanted this to spend some time I'm spending some
time on on these issues, basically, to not only have a
conceptualization of a powder for paper, which is important, but
also to have a conceptualization of legal sciences in general,
legal sciences, general
sciences in general.
The objectives of Sharia what are the objectives of Sharia? There
are five or six objectives of Sharia that this caller is talking
about? And these are reservation of what life
does the income first or life come first, some people put the
inference and some people put my first but, but certainly everybody
agrees that the life of the hereafter is more important than
the life of this world, or the is more important, but Dean
prioritizes life, the prioritizes life, that is why if you're
starving, you can eat pork, you know, the does prioritize life.
Okay, so then you're basically face, let's say, life, that would
be second, and what would be third? And tonight too, because
everything is dependent on this after that, then what would be
fourth progeny? What would be first?
Property? Well, yeah.
Then some people add on her. But, you know, which, which is
important. It's an important addition. You know, Aaron, Allah
added, honor Ponor is an important addition. So whether you consider
honor to be with prajna you mix, honor and preserve it together, or
you separate honor from progeny, and say that they are six months,
that's mine.
Each one of these, each one of these has three different layers
or three different grades.
So,
there are certain things that are necessary for the preservation of
life, there are certain things that are needed or are considered
need, they are important, but they are not necessary, they are not
most essential. And there are certain things that are
complimentary. So we call those dharuhera necessities, or how to
yet that is needs, and then taxi net, or taxi Nguyet, which would
be embellishments, enhancements, you know, things that are
good, you know, but not necessary.
And not that important. Another important you like, if you live in
a place where you can get your groceries unless you have a car,
having a car would be a necessity
to get your groceries,
having a car that has an AC in the very like hot weather, you know,
let's say, like a very hot area, having a car that would have an AC
having a car.
Basically, yeah, maybe that's a good example. That would be a
need. Having, you know, like a luxury car would be a luxury. So
just think about for an example here. So these are the three
layers, necessities, needs and luxuries. That is basically the
objectives of Sharia. But there are principles that govern you
know, this discipline because this discipline should not be left
without governing principles. Otherwise everybody would use
this. And as we said before, if you just use the objectives of
Sharia, if if all the tools you have in your toolbox, the
objectives of Sharia, and the value can be FRP in two minutes,
just like you know, bring out this objective, that objective and then
there would not be any difference between Islamic fac and any law,
that even secular law
because you know except for the faith but who would disagree with
the preservation of life these are very progeny intellect property,
etc and so on. But it's not provides a roadmap that's why you
have to have principles and just go back and go over the definition
of Synchronoss Rahim Allah for general and basically personal
in directives comes to the general public and it will comes to
principle personnel
basically, Masala or benefits
is coming off man shall bear half eval Allah have a very good
definition or provided Mikasa the year this is basically when we say
provide that means principles. So, that means that whatever governs
this discipline pardon for clear governance, the discipline effect
you know a call that also do the same thing. So far either
basically is a principal a governing principle, because you
have managed to bear the find that this they find the car democrazia
by saying I am too lazy to have Iran Iraq that is Shahram
industrial again, what is the bad one particle chemistry. So it is
Kalia Kalia which means a universal principle. Good layup
means many particulars will apply to it. Something, you know, a
universal principle that applies to many particulars. Bob Iran
rather the shadow expresses the intent of the legislator from
legislating expresses the intent of the legislator. So when we say
the preservation of life,
when we say welcome to the saucy Hi atonia audit Al Bab it means
what that you will have basically
in a prison, you will have in equal retribution, a way to
preserve life. This is your way to preserve life equal retribution.
Because if murderers are left and punished or inadequately punished,
then people will be you know encouraged to
other people's lives. So this the intent of the legislator here the
intent from legislating equal retribution here as what
preservation of life okay, so it's probably a good idea to harbor or
rather the Shara expresses the intent of the legislator from
legislating what is the five min? So how do you how do you did use?
Or how do you extrapolate an L our other Mikasa the year from your
inductive reading or inductive examination of all the rulings to
it is like in Colorado for pay in some sense, because it is not
going to go out and prepare and what is them dead? This them
they're the source. We're doing inductive reading of the FIP and
we're identifying about the legislator is always keen on
preserving life and legislate to preserve life.
How you know, having said that, they overlap don't they? They
overlap. So what do you say when you say like let's take some of
the
more room apart said these are bought by their intentions. These
are judged by their intentions. Let's take $1 You sell arms should
be removed? Are these ma Casa de also do these points to the
objectives of Sharia also and the intent of the legislator? Of
course they do. There is them there their sources the same
you're doing inductive reading effect, and you're trying to
identify patterns. And you know, all of the patterns will be you
know applied for Korea. But some of these will be colored my class
of the year, for instance of the Colorado class of the year,
another female added of iron maroon Sharon which means
considering the outcomes of actions is an acknowledged an
acknowledged objective of Sharia. Another female title of IR Taborn
Sharon, this is a good example of pride I'm across the year
which means Muslims should not be looking under their feet only you
should be looking ahead. You should not judge a deed or an
action based on the immediate outcome but the long term outcome
you will have to think of long term outcomes when you judge
actions or deeds or whatever it is another email address find more
LeBron Shanahan must be considered martaba considered, you know, alot
outcomes of actions mother, basically a judging,
you know, you know, so on.
So this is Vida McLeod Mufasa yet and you also call it a kind of
okay, I guess you can call it time after pay, because
it depends on the the point of view, the point of view that
prospective study is looking at this. And the subject matter of
McKesson is what the intents of the legislator the intents of the
god, you know, the law giver. So, that is the subject matter of
acid, we're trying to understand the intents of the law giver. The
subject matter of fact is what provided McCann Levine the actions
of the Accountable individuals, so, he is looking at it from this
perspective from across it, the person the power I had
discipline is looking at it from a different perspective. They're
looking at the same thing from two different perspectives, the 40
We'll come to this and basically applied individual rulings and
say, you know, another female added a farm or tuber. So, I have
to be examining you know, the long term consequences or outcomes of
the Hareem or daleel basically declaring this permissible or
declaring this
impermissible impermissible
okay
you know, this may be you know, sometimes
these are controversial issues, but sometimes you have conflict
between hasenhuttl See, to demand Tamia rockin Allah has a very good
chapter on Tara that has an atmosphere conflict between Hassan
and Sia, like, sometimes,
like, you know, they're having a like night vigils for Palestine or
for the people of Gaza, for instance, some things that will be
done there may not be completely consistent or in conformity with
the way we do things. Or wholesome for us.
Should should you go should you not go like encampments, there's
certain things
you want to look at this is part of what you look at the, you know,
outcomes.
Now, is the, you know, you don't have to look at the consequences
and the outcomes and the general picture and this conflict.
Like if we, if we don't participate, what does that mean?
What is the impact of this on the people and whereas,
short term and long term what's the impact of it also on the
Muslim community, short term and long term, the puppy is not
basically
the fact is is a little bit more
a little bit more nuanced.
Many people may say, so, this is a private microscopy that has to be
considered, but then you know, does that mean that anyone can use
empower them across the year and basically make up No, the very
stratification of masala or benefits and harms that are this
very stratification does require a great deal of knowledge of itself.
The rulings of power other Laperriere the legal Maxim's the
detailed rulings, the Sunnah,
most more importantly, you know, the Quran and the Sunnah. So,
someone who has the like a an extensive understanding,
comprehensive understanding of these things, well be able to
employ
them across the year or the principles of the objectives
properly properly. So anyway, that is the power of that in my
personal year
is legal theories which are
the young theories
okay, this is an E.
So, let's come to legal theories and very other payer. So what do
we mean by
you know, some of the scholars said that Quadrifoglio are our
legal theories, legal theories, this is a concept that that is
important.
word that is borrowed from the Western legal system, they have
the so called legal theories. It's a theoretical framework,
theoretical framework for a particular universal concept with
broad shared, you know, commonalities or shared common
commonalities.
So,
such as what you know,
such as in Medicare ownership, such as an act contract, such as a
demand liability. This is a concept this is a huge concept and
accent in Islam contracts, you have the nominal alphabet of
contracts. So, when when we talk about a legal theory, we're
talking about the the entire theoretical framework for a lock,
you know, so Imam Tamia, there is a something called an overhead
rock.
Certainly, this was a name that was given by later scholars, to
his writings on contracts, they made another hour to read a theory
out of it, he did not say that as a rock, he did not give that name,
they did not, you know, they did not give such names. What I'm
trying to say is, the fact that that they did not give names to,
to these concepts does not mean that the concepts themselves were
absent. They just didn't have names. So now we're calling it a
legal theory, because he talked about our legal
theory talks about puts a theoretical framework for a
currency like Liverpool, like liability like
it is basically the philosophy of the law with regards to contracts
the entire philosophy of law with regard to politics, it addresses
the essence and addresses the principles, the conditions and
Arcana, she wrote, it addresses the exceptions, it addresses
basically, the divisions and addresses the
consequences of failure in any part of the contract, what are the
consequences of not adhering to any of the conditions any of the
organ and so on and so forth? So, in that sense, in that sense, can
we say that the legal Maxim's are not very clear, and you say the
lawyers will be shocked, you know, certainty is not overruled? The by
doubt is this another area,
it is a conceptual framework, but it is not what another Jatropha or
legal theories are talking about legal theories are talking about
coming to one discipline like contracts like the man liability,
and basically dissecting like, you know, addressing the philosophy,
the essence that the pillars that conditions that divisions, the
exceptions
basically,
consequences of failure.
So, they are somewhat different in that sense, we can say that the
achillas will be shocked will be will be
an element in the area cleaners will be struck, or, you know,
let's say an aberdyfi LRP would be my password one minute lab,
Alpha One Maberry. So, what matters in contracts are the
intense the meanings and intense
sub substance, you know, not the wording, not the wording and the
form, not the forms and words and words. So, that particular
principle this is a product of a payer? Is this like a legal
theory? No, it belongs under the legal theory of contracts now that
I have to uphold the legal theory of contracts. Part of it is the
spider. So it's part of the legal theory of contracts. Does that
mean that the relationship between them between paragraphs Okay, and
another Jatropha Kalia is that God is your payer another alternative
okay are always more general and universal and part of a payer are,
you know, always subordinate or like
particulars included in another area? No, it doesn't mean this.
Because, Take for instance,
at the upper layers will be shocked. You know, certainty is
not overruled by doubt. Can you apply this under Nazare Atilla
code? Is it part of Nevada law code or the legal theory of
contracts? Of course it is part of it, but can you apply it
elsewhere? Can you apply it to prayer and purification and you
know, judiciary and penalties?
Of course, you can apply therefore, it is not just limited
to being a part of not very good. So, as long as you understand the
relationship between them, you will have a good conceptualization
of that distinction between another reality okay yeah, legal
theories and collide info okay. Now, the next difference here
would be and photo and photo are we call this the distinctions
distinctions.
So, you have to similar, you know, to similar issues, so, you know or
matters that to be judged, that will basically call for a ruling
call for a legal ruling,
it looks similar to each other, they look similar to each other
one time you give them the same ruling another time you give them
different rulings, when you give them the same ruling, there is
probably a legal maximum layer that connects them that is provide
when you give them different rulings, you will have to say why
that is and furo distinctions. So, things that may look similar by
the array, you know,
first examination and then they have different rulings. So, in
this case, we will call we will call the science of Farooq that
will point out the differences between you know, seemingly
similar cases or scenarios. Let us take an example, from Alana Avenue
Santa Ana and honeyberries Samara, Ilhan Belize book
on El Toro, and he died in 616, even apadana died 620. So they
were contemporary
ignition Aina was perhaps one of the last great home buddies in
Iraq, you know, that the center like the, you know, the,
basically, the center of the madhhab moved from Iraq, where it
started, you don't even know Muhammad lived in Baghdad
to a sham, you know, around the sixth and seventh centuries. You
know, the end of the sixth century, the, you know, the
seventh century, the center of the hand very much have moved from
Iraq to Hashem. The, you know, it was, there was a great presence in
Damascus. That's why you have a lot of muck this is, I'm sorry,
Jerusalem, I'm sorry. That's why you have a lot of muck this is in
the madhhab. But but the, you know, they moved because of the
crusades, and all of that stuff, they move at the center moved to
Damascus.
So in Alam Avenue, Santa Ana was one of the greatest cranberries
combat, he's one of the last great, great ham bellies, and
that doesn't even have another cannot be revived in one place. Of
course, hopefully, Inshallah, it will be.
So he has this example for it comes to photo. Okay, so in in the
meth lab, and this is basically, you know, like an application that
comes right out of the mouth hub. So don't look at it as you know,
the ultimate truth. This is the math hobby rolling in the mouth
Have you have two different scenarios? One is there.
If there is east and south, right, this looks like a cross I didn't
mean but anyway.
So there is east west north and south for different directions,
right. If you are traveling, if you are traveling, and you do your
Etihad, you do your entity had
and you pray to One Direction is not okay even if it is wrong.
Yeah, it is okay. Like do you need to repeat the prayer four times to
make sure that you did not miss the prayer that makes sure that
you did not miss the prayer. You pray one prayer to this direction
on prayer, the doctrine What
do you know you don't Okay. So
four different garments.
Garments should look like more different garments.
And
one of them you are sure Pabna Jassa had failed on it. One of
them you
Are certain had fails on it, but then you can't identify which one
of them? And for what do you do in the madhhab? According to the, you
know, even in the madhhab, there is difference within the madhhab.
But we're talking about the authorized view in the malherbe.
What do you do?
pray five times.
When the second No, no, no, pray two times.
Pray two times, you pray, like, you know,
the number of dirty ones, the number of dirty ones.
And add one, add one, to basically ascertain to reach certainty that
you did make a prayer in a clean garment. So if you get that there
were two dirty garments out of the four how many times you pray?
Three, you pray in each garment once ascertained that your pride
in the environment three you pray for and so on. Okay. So what is
the difference between them? That is what animal Farooq is about?
That is what the science of Iraq is about the in the science of
Iraq, they will tell you
where did here and why do you have here? Is it it's the head itself?
The exercise your best judgment is what is obligatory here. What's a
blog obligatory here is to pray in a clean garment.
What is obligatory here is to pray in a clean garment. What's
obligatory here is to exercise best judgment to the extent that
if you don't exercise best judgment, you need to repeat the
prayer even if you prayed correctly.
And if you exercise best judgment, you don't need to pray or repeat
the prayer even if you prayed incorrectly, because what is
required of you here is to exercise best judgment. So that is
the science of wardrobe. Now, having said that,
we
are Yeah, I just discovered someone told me last night
so what I have to press the game, okay.
Okay.
Like like what?
Where's this one?
Okay. So, having said that,
let's move on to the next next subject or the next distinction
that we need to make with Alaska, one of which is translated as and
certainly when you translate from Arabic to English people can
disagree on the train or you know, you will find different
translations. So, as now Nova I translated this experiments and
analogs right.
Parallels
and analogs.
So, barrels and analogs when it comes to the so a Thomasson, which
would be similarity, it the shabu will be resemblance and Navarre
would be basically analogs
these are three different layers, it depends on the degree of
similarity.
If they're seminar if the two scenarios or the two cases are
similar in every respect, that is the method, the method and then
you don't need to talk about them because they're just the same
thing. Okay. But then you have certain scenarios where
there are, they are more similar than different. So there are a lot
of similarities between them, but not in every respect, they would
be called as bear that's resemblances and we translated it
as as parallels.
Then you have certain cases where there is some similarity in one
aspect, or two aspects, but there are more similarities than there
are similarities. We call those analogues analogues.
So it depends on the degree of similarity.
At the end of the day,
the book sooner as well. Nava air are basically books that are
mixing between legal Maxim's choreographer, Kalia and Farouk
distinctions.
You know, ultimately, that will be
the majority of what those books are about and then just read
that particular
On part, and let me give you one,
you know, aspect will be like a target for payer, because the
similarities will include the ruling as well. So when it comes
to Alaska, where you have more similarities and dissimilarities
one of the similarities of the ruling itself. So it would be just
like a part of the player in this case, but let us get some Nova
Nova,
which will look more Michael group like this sense.
Let's take one example. You know, Nova by Emma cod, Rama, Allah
Allah. So in the last man, one of our urban Imam cod, he said
the action of another person to basically pass the torch
to another person and to build an action on another person. Isn't it
true that when the Imam is praying, he can have someone
replace him substitution? It's called substitution or it's the
laugh in prayer, like I'm the one who did with Abraham now, so they
have someone finish the prayer off. So he built on the action of
someone else. Okay. So, as you Dr. Hammond Allah says, Can you do
this with a van? Can you do part of the oven and have someone
finish it off? He said, You know, the stronger possession all of
these were are controversial, the stronger position No, you cannot.
Can you do this with Hogberg? He said, based on the fact that you
can do it in Salah Yes, you can do it on Hotbot. So the fatigue
basically, you know, gets tired or something happens to the fatigue,
can someone build on it? Yes, Stiffler of substitution and what
would be accepted? He said, Can you do it in Salah? He said yes,
you can do it in Salah. You know, when you have like an imam take
over? Can you do it and had said no, you know, so?
Yeah, this is basically the same thing. Build, you know, it's not
the same thing, actually, you know, the, they're not the same
thing, but he was he's telling you this may appear to be the same
thing, it is basically substitution it is basically
building on the action of another person. However, you will have
different rulings here, because these things are dissimilar more
than they are similar. So, that is basically it has been one of you
because there are certain books that you know the books of God
like CLTs, Eminem or James they are called respirable Nova why are
they called the respirable Nova? Probably you also include those
cases where there are the similarities, similarities, okay.
Then, okay, so number six would be what would be a modality
and medallic and medallic basically would be the legal basis
l mod rock and colon mod rock, but the people have will
wish to correct the the polka and say it's called it's an midroc
Neither mother rock, but, so, l medallic. Was the plural of mod
rock means legal base
legal
basis. So, when you say when you say that an intent is required in
wudu, when we say an intention is required and what do you know the
Hanafis may not say the same thing, or like when Hanbury say
intention is required will do and the Hanafi say why are you saying
this then or worse or the you know, so, why are you saying this?
We will say what Al Omar Rama pasa deeds are by their they are judged
by their intentions, you know, these are hinged on their
intention is contingent on their intentions and so on. So, that is
part of our discussion. So, when we are saying this, are we
mentioned in part of the carrier basically just as a part of your
career as a regulator of different a universal rule that applies to
many particulars, or are we using it to point out the legal basis
for our position in the mouth. We're using it to point out the
legal basis for our position in the matter of when we say more
than one customer indicates that Nia is needed for the act of
purification like although none of us so we're using this to say no
way this
this is the legal basis. Al modric is
The legal basis will car Delta payer or the legal maximum, most
of the time, what would include that moderate, most of the time
will include the moderate. And if it doesn't explicitly included it,
hands to it, it hands to it. And but that is not always the case.
No, it's not always the case, because the requirement for Korea
or regulators, so they are patterns, patterns that we have
detected by inductive examination effect, we have detected this
pattern. Does the pattern always have to point to the legal basis?
No, it just points to a pattern, not necessarily legal basis, the
legal basis could be different. But this, let me give you an
example. magia has a buyer who does erano matters a buyer does
Arano anything that's permissible to sell is permissible mortgage,
anything that's
is permissible to mortgage is the fact that it is permissible to
sell the legal basis for the permissibility or mortgage in it.
No, it's not the legal basis. Although it may have to do it in
some way. How does attend to it, because they share like anything
that can be sold as men farm Oba permissible benefit. So you could
fulfill, you know, your your right, as a creditor, like when
you have something mortgaged. You're basically saying to the
creditor, if I don't pay you, you have this, you know, you could
feel failure right from this item from this property. You could you
can sell it and basically,
or you could use it because it has an unfathomable Aha, it has a
permissible benefit. So it's pointing it's hinting at the legal
basis, but it is not the legal basis in and of itself. But you
could you could use another example that will highlight this a
little bit more when they say introduce yourself and the Hanbury
mantra for instance, they say introduce yourself, when are you
required to make to do this
you know, prostration of forgetfulness. If you do something
or omit something that will invalidate a prayer. If you do it
intentionally.
My optimal arm do.
So, if you do it intentionally, it will invalidate your prayer. Okay
to add one rock root one record, to omit record to add once a dude,
if you do this intentionally in the prayer, your prayer is invalid
to turn to take one step, you do things of that nature. If you do
it intentionally, it does not invalidate your prayer does not
require a frustration or forgetfulness. There is not clear
is clear, okay.
Yes.
No, it's not the legal basis, you know, the legal basis is when you
say a little morbid Mufasa when you say you know, I Nia is a
condition there is a condition because
more and more consider that is DACA either and at the same time
is the legal basis either is considered the legal basis
alimony. casada. More consider has another formulation for a
Melbourne yard Hadith of the Prophet SAW Salem. I will use the
same example of the use the same example of the frustration of
forgetfulness and making the distinction between loci over and
above it. Kidal for Kiana dabit which is the last one in the
distinctions we will address. This will be the last one
numbers Okay.
Number seven
I will allow our beds which is the plural of bed, which we will
translate as regulators.
Regulators
is simple so let's not waste too much time on this because this
would be simple. The difference between an pi that's okay yeah and
a double is that Python for Korea is bigger, universal and has more
applies as more applications applies, the more particulars it
crosses the lines between the different chapters.
So when you say the appeal layers will be shocked, you know, which
is certainty is not overloaded by doubt. does it cross the line
between a badass worship mom at our transactions call that an
engineer judiciary crosses all the lines that's either for pay you.
That's a huge pile of a payer. That's why we call it a grand
Cobra, either. Okay. But there are other payer that have a little bit
more limited applications. We call them pilot for payments. We don't
call them Cobra, you know, rider, Cobra, but then when you have
the, you know, earlier, they did not even make a distinction
between the product for Korea and the orbit, because they're the
same thing. But then as sciences develop, they the terms become
more specific, and the things become more nuanced and more
refined, and so on and so forth. So, it and Martha we are human,
Allah Himself was talking about the difference between the father
and the arbiter. And he said, basically, if it is one chapter,
if it if it applies in one chapter, it's debated if it
applies in several chapters, that's chi the and he got an
example for something that applies to one chapter, which is which
example that he gave. He said, Could Luca Farah and Saba Bahama
say FA alpha, every expiation that is caused by a sin is immediate,
you have to explain it immediately. If the XPS caused a
sin, you have to explain it immediately. If you are exploiting
because you did not fast and Ramadan because you're sick or
something, you know, the expiation is not necessarily immediate, but
if you explain it,
because if you're experiencing it, because you have committed a sin,
the expiation must be immediate. Is this is this above it really
only?
Some people, there's always disagreement over these issues?
Because it depends on how you're looking at it. If you consider
Alka Farah explanations at chapter or you know, like a specific
chapter, then he will say it's above it, because applies only to
kufra. But their artifact in different abueva in different
chapters, if you consider the fact that Barack
belong to different chapters and phip, you will say no, it's a chi
that. Yeah.
But there are certain things that are a little bit clearer or easier
to grasp, such as this frustration, forgetfulness, isn't
that are either or, but that that's a dub, you know, that,
basically, you know, it's very specific and very limited in its
scope of application.
Even more than this, which may not be above it, to begin with, is
when we're in the Hanbury madhhab. When is your record valid? Your
record valid? If you're close
to standing? Someone is doing this? Is the record valid? No,
it's not in the method. No one who does this? Is the record valid?
Yes. Because it's closer to this proper record than it is closer
than than pm. Okay. So is this a bit? What? Because above it is a
regulator? It's a universal principle that applies to
different particulars, does this apply to different particulars or
regulates that specific ruling, our trigger mates for the fact
that very specific ruling, so it's above it in the linguistic sense,
and this debate in and of itself belongs to UCLA, either that x or
Hawkman, called that XY coordinate, which means that the,
you know, the majority assumes the ruling of the whole or the
majority or assumes the rolling of the of the whole Nakara set yada.
So what approximates something is is basically assumes it's rolling
anyway, to that's the difference between Al Qaeda and The Hobbit,
it's about the scope of application of application.
He taught me this the way this works.
These are the seven different
things that we need to make, to understand and to have a good
conceptualization of legal Maxim's and, you know, sometimes, we're
talking about difference in the subject matter, such as when it
comes to the principles of jurisprudence. The subject matter
of this is is what
the adalah the evidences of Sharia
Commons the agenda of Sharia and it examines how to use these Adela
of Sharia the evidence of Sharia to
deduce account from them. The subject matter in this is
intensive the legislator intensive the legislator or the law giver.
legal theories, the subject matter of this is backgammon, mocha
Levine, the the Arcam and mocha Levine which is the actions of the
Accountable individuals. Isn't that the subject matter of other
familiar? Yes, it is the same subject matter. So what's the
difference between them, we talked about it. So it the difference
between them is that cod are part of another yacht. But the power
I'd have also, more applications. And, you know, the scope of
operation is wider than a particular another yacht. And
Furukawa Pena, this is a factory science, the subject matter of it
is like the like, this is basically the mirror image of
collide. And collide, I'm showing you why they're given the same
ruling. And for okay, I'm showing you where they're given different
rulings. And as well on the wire basically, is a mixture between
power and for Oak
to a great extent, and medallic would be the legal basis, the
subject matter of this is what
it's still, it's still it's still a puppy science. So the subject
matter in this case, would be the rulings.
The rulings and to basically an Arcam the rulings and to identify
their legal basis, and at the orbit isn't the same subject
matter, but it's only a difference in scope, only a difference in
scope, and the number of applications and with this, we
would have come to the end of today's class on a power failure.
Insha Allah the next session will be on the divisions of Akkad and
for Korea.
And maybe we will be able to cover more than just the divisions of a
crowd of Korea and we will start, you know, to address the emergence
of this discipline and its development.
You know, over you know, the generations recovered. Yeah, that
was pretty much