Hatem al-Haj – QWD006 The Coherence of Shariah – Emergence, Benefits and Other Principles
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To proceed.
So today, inshallah, we will try to finish,
the
the introductions,
the introductions of.
And we call this coherence of Sharia.
So we we we said that there are
10 10 different things or 10 different principles
that we need to go over to introduce
any subject, and we
last time, we were talking about
Istim Dad, right, sources, Al Qadir Fakayyah. Where
do we derive Al Qadir Fakayyah from?
Today, inshallah, we will try as much as
we can
to,
to cover the following,
which may be a lot, but inshallah,
we'll try to cover as much as we
can.
We will cover
the emergence
and development.
We will, inshallah, try to cover
the benefits and merits
and our
authority,
authority or prove value,
and the ruling of learning of God al
Fakayyah.
So we're covering about 5 of the 10
principles today,
inshallah, if we can.
So let us first start with the emergence
of Al Qad Al Fakayyah.
How did Al Qaeda Al Fakayyah emerge?
And I have to caution you that when
we talk about immersion Al Qaeda Al Fakayyah,
that does not necessarily
mean
that these maxims
were not in the minds
of the Sahaba and the Tabi'in
or Tabi'in.
They were not
in the minds
of the great Mujtahids
until
we say that they emerged in the 4th
century.
No. We're talking about the science
as a science. We're talking about it being
a discipline
and people,
writing,
you know, in that discipline and authoring books
in that discipline.
So
as we said in Usul Al Fakk, the
fact that Imam Shaffay
was the first one to author
on Usul Al Fakk, so we consider him
to be the wada or the founder
of the science of Usul al Fakk. That
does not mean that there was no Usul
al Fakk,
before him and that the Sahaba and the
Tabayeen did not have any solar principles of
jurisprudence
in their mind. So this also applies to
Al Qad Al Fakkhaia.
However, the difference between Alqaad Al Fakayyah and
Usul Al Fakayyah is that, as we said
before many times,
which one comes first?
Qawad, Al Fakayyah, or Usul Al Fakk?
Usul Al Fakk,
You know, naturally,
technically
precedes fiqh because this is how you make
fiqh. This is how you produce Fiqh, how
you deduce rulings
from the text of Revelation
by Usul al Fiqh. And then as we
said before,
now that you have the entire body of
fakk and you do your inductive survey
of the entire body of fakk and you
come up with certain patterns
and you call them maxims
kawad.
You call those patterns patterns
that you have come up with through your
inductive survey
of fiqqawad.
Therefore,
it would be
natural
that Al Qawad Al Fakayyah
would come later,
you know, and they would develop slower
than Usul al Fakk and
and Fakk.
Fakk itself
developed much faster
than Usul al Fakk. Right?
Because Ozurdal Feq we're talking about authoring of
Ozurdal Feq. But Feq itself,
they they needed it. The they needed it
all the time. So there was
always patawah and there were always pazeen
and and and fuqaha.
During the time of the prophet,
it was basically
copying the prophet
The prophet did not say this is wajib,
this is mustahab, this is this. He said
pray as you see me praying. So the
sahaba prayed as he they saw him praying.
Take your me or your rituals from me.
That's in Hajj. So they copied him. They
copied him. But thereafter,
they needed,
you know, to figure out what is what
what is Mustahab
and they needed to categorize things
and organize things
for,
those who came afterwards,
who were not
like the Sahaba,
simply
copying the prophet
doing everything
as he did.
Would, you you will find in the note.
And those who
are not getting the notes, you should
try to get get the notes. You should
try to,
basically subscribe to the email list and get
the notes and read them before you come
in.
So those of you who read
the 04 4,
you know, coherence of Sharia 4 that I
just placed in your
folder,
would know that,
Ilham Al Mardawi
gave us a little bit of
brief summary of the development of Al Qaeda
Al Fakhaia. What did he say? He he
you know, I you know, I'm not gonna
basically read the Limam al Merdawi's,
entire,
sort of history of Qawad
or,
you know, paragraph on the history of But
I'm just gonna stop at the main stops
in what he talked about. So the first
thing he mentioned
was
Abu Taher the best.
Abu Taher al the best.
So this is a Hanafi imam who died.
Nobody
exactly knows what time he died. He was
in, in Transus Saxania,
like, beyond the river.
So it
this this Hanafi, he was one of the
great Hanafi imams, and he died around 340.
No one exactly knows when he died,
but since he and Al,
Al Karkhi, another Hanafi imam known Hanafi imam,
died were basically
contemporaries,
died around the same time. Karpi died about
340,
so we're giving him 340,
in that neighborhood. He died in in that
neighborhood.
So he was in the
end of
the 3rd, beginning of 4th,
centuries.
And they say that,
Abu Taherid Abbas,
he he, distilled the Hanafiq
into about 17 maxims.
He distilled or referred the Hanafiq
back to or distilled it into
about 17 maxims
17 maxims.
And and he used to basically repeat them
to himself.
He he was probably still working on them.
He didn't want to share them. He was
very reluctant to to share them and people
felt, you know, like, it depends on
how people look at this. But, yeah, anyway,
he was reluctant to share with anyone, so
he would repeat them. So,
another scholar by the name of Abu Said
Al Harawi,
came and and, you know, tried to hide
himself. After Aisha, he would close the door
of the masjid and he would sit down,
and repeat them. He was he was blind,
so he'd sit down and repeat them. So,
he
he hid somewhere Abu Said Al Harawi,
and he kept on repeating them until Abu
Said al Harawi,
coughed.
And then he, you know, like, he coughed
after he mentioned
somewhere around 4 of them.
So he caught him, and he basically
stopped repeating it repeating them to himself,
completely,
ever since. So he himself did not write
anything.
Limam Al Karfi,
and, you know, wrote some of the in
his book on Usul al Fakk. He wrote
some of the Qawad
and then came Abu Zayed ad Debus,
in the 5th century
and wrote a book by the by the
name of Aziz and Nadar, which included,
more more Kawad.
Having, you know, heard of this, Al Qadi
Hussain
or
This was a Shafi'i scholar who died about
462
after Hijra.
Having heard of this,
he
he said,
okay. I'll do it to the Shafa Ifeq,
and he distilled the the Shafa effect
into
4 Kowad,
into 4 Kowad. What are those 4 Kowad?
Okay.
Seclude the first one of the 5, and
that would be the 4. So
which is certainty is not overruled by doubt.
Al,
Bara Riyuzal,
arm is to be removed.
Hardship begets facility and
which means customers authoritative.
Authoritative. These 4 that he came up with.
He said that it it it is questionable
whether you could actually refer all of the
fiqh back to those,
for qawaid.
He said it would take, you know, tikaluf
and Allah wasa'it and takalluf,
many intermediaries
and,
like considerable effort
who is an 8th century
scholar
8th
century scholar, 7 100,
died about 726
or something.
He,
he he said that when I when when
I was in Cairo, I noted
from some of the scholars,
that,
someone
had added to these 4 had added to
these 4 a 5th maximum,
and that 5th maxim is
which is matters are judged by their intentions.
This is how we got to the 5
major,
most comprehensive
legal maxims. It took
100 of years.
So we are fortunate
to have them at our fingertips,
but it took 100 of years to develop
in that sense. Does that mean
they were not aware of these concepts? There
is a difference between having a, like, the
mental concept
and putting it down in writing, in black
and white
and authoring and and and so on and
so forth. So they were they were aware
of the concept. Al Umur ba ma pasadihyah
is not basically a novel concept. The prophet
said that, umal binayat,
these are but by their intentions.
So when you say, umur bin maqasadihah, matters
are judged by intentions,
that's you know, some people even, as I
said before,
use the hadith
as the qaida,
as the formula
or,
the itself.
So this is basically a quick summary
of and uncertainty afterwards,
books like Al Azba'un Naza'ir by Imam Suyuti,
Imam Abu al Najayim. Imam Abu al Najayim
is a is a is a Shafa'i scholar,
died in 911,
and the Imam al Najaim is a scholar
who died in 9
970.
So we're talking about 10th century now. And
these are very developed books on Al Qawad,
Al Fakayyah.
As as we said before, they called the
to
include some of the scenarios where there are,
some similarities,
but at the end of the day, the
rulings differ or diverge
because there are some dissimilarities,
because there
are some
dissimilarities.
And we called it, asbaon navair,
parallels and analogs.
Parallels and analogs. And we said that Navar
are those scenarios where there are similarities,
but the but, eventually, the rulings,
differ because there are,
some
dissimilarities
that important
than, the similarities.
Anyway,
then let me tell you that,
this
sort of effort,
is an ongoing effort and have not stopped
then.
In fact, Majma al
Fekh al Islami, which is
the,
International
Islamic
FERC
Academy.
And I understand that all of
us have reservations
and suspicions,
can regarding anything that's, that is government related,
that is, you know, related to Muslim governments.
But at the end of the day, we
we have to be sort of reasonable,
and
we have to understand that the complexities of
life. And,
so not everything they're doing is bad,
of course. Not everything they're doing is bad.
So Madma Al Fakkal Islami, which is the
International Islamic Fakkal Academy,
was started by the OIC,
which is an organization of Islamic cooperation.
That's the new name for it. When it
first came out, it her its name was
what?
Or no. Arabic is different. This is Islamic.
Organization of Islamic
Conference.
Organization of Islamic
Conference.
And then they changed it to Organization of
Islamic
Cooperation.
I like the new name better
because it comes out of the Quran. Ta'awun
al Biriya Taqwa.
So Ta'awun,
cooperation.
It's a Quranic concept.
So anyway,
the Organization of Islamic
Conference,
which has about 59 members,
So we've got plenty of Muslim nations. So,
it has about 59 members. They established
a FEHFA Academy
or a Fekka assembly by the name of
International Islamic Fekka Academy. This is a very,
you know,
significant
and important
body
of Hokaha.
Yes. They are sent from their
representative
sort of respective
parties. And many times, they they may have
agendas. The the countries that are sending them
may have agendas. But at the end of
the day, when they discuss matters of FERC,
they just have to you know, you know,
it's it has to be FERC. And, certainly,
we we it's not like we have,
bad thoughts about them. We should maintain good
thoughts of all Muslims,
until proven otherwise,
of course. So but but but they
they do considerable work, and the declarations
of the Islamic, International Islamic Film Academy
should be taken in consideration
in a discussion.
One of their greatest projects
is collecting.
And this this is a a momentous
achievement.
I think they started this in 1988.
So and it, you know,
it
only a few years ago that they complete
project. So they collected
in
42 volumes.
But they added to them also.
Remember, we talked about
Sharia, objects of Sharia, and how there are
principles for Maqasid Sharia. And we talked about
and there are that are
And they added to them the as well,
which are their regulators,
the regulators.
So
but they combine them,
and
they
put them together
in 1,
basically,
what is it? It's encyclopedia
of 42
volumes.
It's called the
Zayd.
Zayd is Zayd bin Sultan Al Nahyan. It's
the, the the emir of the or the
the governor
of the, the former governor
of the Emirates who,
basically spent on the project
or financed
funded the project.
So, anyway,
so this is an ongoing,
effort, and it will continue to grow because
we will continue to have,
you know, formulations,
the new formulations
adjustments,
and there were being
newly emerged,
scenarios
that would require,
some
for them. But,
certainly,
you know, the the 5 major maxims will
not change.
Most of the major ones,
are not going to to change. We're talking
about
adjustments,
adaptations,
refinement.
That's the effort that's ongoing,
but there is no revamping,
of or replacement of al Qaad by new,
Qaad.
So that is the the kawad in in
the general sense. What about in the Hanbali
sense?
Because we're going over the Hanbari applications, tawad
with Hanbari applications.
What about the tawad in the Hanbari sense?
And why are Hanbalis
a little bit
behind,
when it comes to Uqawad?
Because
as you know,
Hambalism is heavily
textual.
And then Imam Ahmad, Rahimahullah,
was,
he he he responded
to 60,000 questions. It's it's it's poetry, so
it may not be exactly 60,000, but anyway.
But he responded to tens of thousands of
questions by Hadassana.
So his response to any question would be
so and so related to us, which
means textual evidence.
He would come up with a report from
the prophet sallallahu alaihi wa sallam directly
or from one of the Sahaba or one
of the Tabi'in
and he would not give his own opinion.
He would answer by a hadith and that's
it.
So heavily textual, madhab.
This does not mean
that
there was no kawad.
And when we began this series,
we talked about how Imam Ahmed,
basically,
assertively,
set the sun,
if not reprimanded his son,
he said to his son,
I have said to you before,
all urine is
impure
except for the urine of
those animals whose meat,
can be eaten
or is permissible to eat.
As if he's telling him, this is aqaaida.
Keep it in mind. It will spare you
the need to memorize
10,000,
because how many animals are out there? So
if you keep on asking me every day,
what about the urine of this, what about
the urine of that? And this is a
it will not end.
Anyway so it's it doesn't mean that there
is no
but, certainly,
that is heavily textual
would not see as,
you know,
early of progress in in the science of,
than the other Mazaheb,
that I have,
you know, talked about.
So
exactly a 100 years ago.
Syrian scholar,
his,
give us, like, sort of a short summary
of Al Qad Al Fakayyah
in in the Hanbali Mazhab. So the first
thing that he mentioned
is,
ibn Qadhi I Jabil. Ibn
Qadhi I
Jabil. So
in, in Damascus
so the public library of Damascus,
Ibn Badran used to go to in
and search for anything Hanbali in Maktaba ala
or Umayyah or the public library in Damascus,
which was
full of treasures,
mani and and treasures. So he was yeah.
And all of these were manuscripts.
So he's telling us about the manuscripts that
he he,
basically was able to find in the public
library in Damascus
about a 100 years ago. Some of these
are in print now. Ibn Qadil Jabal's book
has been printed.
Okay.
So,
when did Ibn Qadil Jabel,
so Ibn Qadil Jabel was one of the
students
of Alimam Taymiyyah,
and
that's why,
of course, you know that Alimam Taymiyyah is
is is Hambary, you know,
100%
Hambary,
but he was very inclined to Qaguad
type approach
things. And he himself, as we would
say,
came up with many, many of the, many
kawad,
for the the Hanbali Mazhab.
So it was not, you know,
a coincidence
that there was flourishing, Gabil Kawad,
from his time onwards,
from the time of who's considered the the
imam of the Mutakherin
or the latter generations
of the Hanbali madhab. It's not a coincidence
that there was flourishing of the Kawahid.
In fact, Kawahid ibn Rajab,
which are the most famous.
Died in 795.
Abinakadil
Jabil died in the 700.
So let me
did I mention this somewhere here? It went
up in the died.
771.
771.
You know, died 728.
So,
he was one of the younger students of.
Died 771,
Ibn Qadi al Jabal.
So
the the most famous book on Qawad would
be
be.
That's the most famous book on.
And
is the student of Al Qayyim, and Ibn
Al Qayyim is student of Ibn Taymiyyah. So
you you see the connection. In fact, some
people said that Ibn Arabid did not write
his book on Kawa'at
had found scattered
Kawa'at
written by Imam Ibn Taymiyyah. So So the
Imam Ibn Rajab took them, put them together,
and basically published the book.
Of course, that's not correct. It's not true.
Ibn Rajab was a much greater scholar
than doing this, than stealing
someone else's work, And he would have been
proud to say, I found the East Kawah
by Alemaima.
This is the teacher of his teacher.
And,
basically
serve them, you know, write a commentary
or something. He would instill,
someone someone's,
someone else's effort.
So if if Nurajab's Kawahid, you will find
in Ibn
Badriyan's, you know, short history of Hambari Kawahid,
indicates
his complete knowledge of the Mazhab,
Madhab, his great, you know,
erudite,
understanding and verifying,
basically,
knowledge
of the Madhub.
There
there is also Ibn Alham.
So and Ibn Alham
Ibn
Al Naham died in 803.
He wrote a book on,
but it's
between Qawad
and mainly Qawad
for also,
mainly Qawad,
that belong,
to Osulayyah.
Ibn Al Naham
died in 803,
mainly,
but it, the book included
as well.
He also
mentioned,
he also mentioned the Tufi.
He mentioned the Tufi, and
the unfortunate thing
is Tufi has
and
Tufi died around 710
after, you know, after Hijra.
He considered himself to be a student of
Imam al Taymiyyah.
He certainly died
way before before him,
but he was very
impressed and influenced
by him, very impressed and influenced by him.
Sorry, Imam al Tufi,
I'm sorry, madam al Kawi Tufi,
wrote, you know, 2 careful books that, you
know, we just hear about,
But,
unfortunately, unfortunately,
they are missing.
Don't know where they are.
We don't even have manuscripts
for them. So until someone
finds them,
we won't know anything about.
So
this is what Al Abidran, ilaalam Abidran,
said about the development of God in Mazhabil
in Hanbari.
He did not mention
an important development which
you you remember we talked about
Sunayina
Samari.
This,
great Imam
who died in 606,
606.
He was a contemporary of an imam of
an qadama
and perhaps the last of the great
Iraqi Imams of the Madhub of the Hanbali
Madhub.
So he he wrote a book on Al
Farooq,
and we would basically consider this book to
be
the first thing in the madhav in that
direction
because there is a, like, a although Farooq
are the distinctions
and they are different from the maxims, and
we've gone over this, but
it's the same direction.
Basically, it is basically to bring together,
similar and dissimilar,
cases
and to show why
they deserve to have the same ruling
or not deserve to have the same ruling
based on similarities
and dissimilarities.
So he wrote a book called Al Farooq
and this may be the first thing.
So
that was Al Imam Ibn Sunaina, Al Imam
Abnitemeya who
died in 7/28.
He had,
basically,
it's scattered throughout his
books,
but there is a particular one called
Al Qawad,
was given the name of Al Qawad and
Nooranea.
Comes from Noor, from light.
And
it it is a wonderful,
delightful
book, but it
is not technically on qawad per se. Although,
as I say in the notes that I
have sent to you,
does include many kawad. It does include many
kawad.
One of them is
So the consideration
in contracts,
is given to,
mutual consent.
Mutual consent.
This was a big thing for him
that mutual consent
makes the default a permissibility.
Default in contracts for him is permissibility
and that's why he was one of the
most lenient,
scholars when it comes to conditions, when it
comes to contracts, and what may be halal
and what may not be halal. You know,
in the in the Shafa'i faf in particular,
the form is very important.
So they restrict the halal contracts to the
ones that
are traceable that we know are halal from
the time of the prophet sallallahu alaihi wa
sallam who have sanctioned forms,
but his his
theory
was,
completely different
that the default for contracts is permissibility.
And unless we have a reason to say
it's impermissible, such as the presence of reba,
the presence of undue risk taking,
the presence of inequity,
then we must deem it,
allowable
and all the clauses
people add in the contracts must also be
deemed,
allowable.
So the for him is,
mutual consent. How many clauses can you have
in one contract?
You know,
no ceiling,
unlimited
number of clauses. We know
in the,
Shafa I Madhub, for instance,
and in the Hanaf I Madhub, you can
only have one clause.
In the,
Hanbari mad hub
I'm sorry.
In in in the Shafa I madhab and
in the Hanafi madhab,
the clauses are limited
to those that have been traceable and sanctioned,
you know.
So they have a great deal of limitation
of the clauses. In the Hanbali madhab,
they don't
accept more than one clause. So one clause
in the madhab is permissible
once you get to 2 clauses,
2 2 shorud, 2 conditions
in a contract.
But it it's it's not all kinds of
conditions. There are conditions that are part of
the contract, part of the essence of the
contract conditions that are needed for the contract
such as,
you know, a a a damen
and a run, you know, the mortgage
and,
collateral and stuff like this, they they would
not put a ceiling on this. But the
conditions, other conditions,
extraneous
to what is required
by essence or what is needed for the
benefit of the contract itself, they have a
ceiling.
But for him,
it doesn't matter how many conditions you have,
because
the hadith that
prohibits,
you know one condition
was not considered,
you know, that
the prophet forbid a
an adzeel
with a condition.
This hadith and Imam Ahmed considered it to
be weak,
but the Hanbalis in general, they accepted the
prohibition of 2 conditions.
Two two conditions,
and we will come to it and we
will basically,
look at
his,
justification
for
for his interpretation of this,
this particular peace.
So,
the is mutual consent. This is a card
of Haqqaiyah,
And there there are other cards for. I
mentioned here
among the,
that that he
basically
enumerated
in that book.
Contracts are concluded by whatever indicates their purpose,
be it word or action.
Contracts are included by whatever indicates their purpose,
be it word or action.
So if I
for instance, Bay Al Mu'ata,
which is not permissible in the Shafa'i mad
hub,
If if if I have, you know, my
merchandise
here,
let's
whatever it is,
happens,
And you
take 1 basket
and it has the price,
and you give me the the, you know,
whatever, $10. If the basket says $10,
you give me $10.
I take the basket
and walk
I'm the seller. You take the basket and
walk away
after giving me the $10.
That's it. This is an acceptable
transaction. This is a halal transaction.
It doesn't have to have,
basically, hijab and kabur. There doesn't have to
be a proposal and acceptance
for this to be a valid,
action because this very act itself
indicated our mutual consent.
Then,
you know, of the contemporary Hanbalis, the Saudi
and of North Eileen wrote,
significant works on Qawad
and,
also
Nazm on Qawhid,
poetic
compositions on
Qawhid
which are beneficial.
But this is basically,
in a nutshell,
the emergence and development
of Al Qawhid.
Still an ongoing effort on the refinement,
adjustment,
adaptation,
but,
most of the work has been done.
So
who's the first one to come up with
qawad?
Abu Tal had it the best.
Okay?
Didn't we say that Imam Shafa'i said
Okay. Didn't we say that Imam Ahmed say
or, you know,
whatever,
etcetera?
Why are we saying Abu Taher the best
is the first one now?
Didn't we say, Umar
who said,
to the conditions.
So why are we saying Abu Tohari the
best?
Because he came with
certain formulations
that he considered to be power.
And,
he put them together,
and it was, like, 17,
different. So he thought of
a discipline.
He thought of a discipline of knowledge.
When Imam Shafa'i said, 'Ilaqal Amrit Tessa' he
was just stating gqaid,
but he was not
authoring
or coming up with a new discipline of
knowledge. He just included this in one of
his books. When Imam
Ahmad said, laiutraqhaqunlibatil,
he was not basically
writing a book on kawad
or claiming to have started a new,
discipline.
So that's that's the difference here.
Okay. Now
let's talk about the benefits
of.
Now we need to discuss
the benefits,
the merits,
the
authority,
and the
The benefits of Al Qaeda.
Think about it.
Think about the benefits of Al Qaeda. There
is I want you to read the notes.
Please read the notes because I'm I'm not
gonna be able because we're just gonna have
to
move a little bit faster. Gonna be able
to to talk about everything in the notes,
so I want you to read the notes.
But let's think of of some of the
benefits
of kawad. Merits means fadin.
You know, it's a virtual science, of course.
When we go over the benefits, you would
recognize
the merits
of the science. What are the benefits of
Al Qawad?
Benefits?
Anybody?
We'll give you a grasp over
the detailed rulings, like you can you could
have,
basically it will bring together and hold together
scattered rulings.
Think of
And instead of learning,
you know, the ruling of the
of donkeys, the urine of bee
I said to you, all the urine is
impure except for the urine of animals whose
meat,
whose flesh can be eaten or whose meat
can be eaten.
So
that is the the that's an important one,
and that's for the, a very important one.
But
bringing together
scattered rulings,
so that it it will organize your mind
organize your mind,
and give you a grasp of the rulings.
Now what an what's another one? Didn't we
say before
that al qawahid
usually
state
entity al mudraq al ma'afaz which is what?
The legal basis.
Legal basis.
So when you say, iliakeen lai azul bishak.
When you say iliakeen lai azul bishak
and someone comes and tells you that I'm
not sure if I broke my wudu or
not, and you say to them
you know, certainty is not overruled by doubt.
Are you just simply telling him
are you simply bringing together scattered rulings, or
you're pointing to the reason
why
he shouldn't worry about it? And he should
go ahead and pray if he's not sure
that he broke,
his.
Because
the originally a cleaner certainty that he had
would do
is not overruled
by the new doubt
that he didn't have wudu. So here, Alqawad
are not simply holding together scattered rulings,
for the faqih.
They are actually pointing to
the majaz, the mudraq of the ruling
or,
the legal basis.
So it points to the
legal basis.
What else would be,
an important benefit, particularly
nowadays?
Because it will give you an idea,
of,
it it will give you an idea
of the,
Me'akhevishara
in general.
In generality,
the basis
for the Sharra. Therefore,
if you have a newly emerged matter,
you could
use the kawad
because newly emerged matters. You may not find
specific evidence for every newly emerged matter, but
if you have a good grasp of the
kawad, the principles, the maxims,
you will be able to find rulings,
to address
newly emerged matters.
I and drew things to address newly emerged
matters. This is also another great benefit.
What would be another great benefit?
You would understand the the for comparative faculty
students,
they would understand the differences
between the mavahib,
not,
not at the surface level,
not at the the level of the branches
or the level of the detailed rulings of
the.
The principles
that
caused the,
disagreements
so they will be able to have a
better understanding
of the differences,
and they will be able to have
a diff better
they will be better acquainted
with the with the other madhhab because it's
very hard for someone who studied one madhhab
well to study all the 4 madhhab
well in great detail.
You know, some of the scholars certainly have
done this, but for the vast majority of
people, it's it is a very hard,
task, to achieve. Therefore,
at least
if they are not capable of understanding everything
about the detailed rulings in the other madhahib,
they have this general understanding
their principles
of the principles of the other,
the and that's all another great benefits. All
of these are,
benefits for learning.
But for the vast majority
of people, for the public,
the
would give us and
I know that you're frustrated because we've been
we've gone,
you know, been taking too long,
covering the introductions, and we haven't gotten yet
to.
But you'll be able to realize
that
will, change your your concepts, will will
reconfigure your mind,
reconfigure your,
change your concepts, discipline your thinking,
govern your
practice.
Not that's not just in your
religious commitment or religious practices, but that is
in your life in general. That is in
your life in general as we will,
come to see.
So these are some of the benefits, and
so that's why this is a great
science.
Now the issue that is
very contentious now,
but what you
know, a very, very contentious issue is
the authority of Al Qad Al Fakayyah
because nobody disagrees over
any of the above.
All of the above is agreed upon. Al
Qad Al Fakayyah,
learning
is of great importance.
It regulates the mind of the Faqih. It
regulates the mind of the Muslim,
and it gives you a grasp,
you know, of the principles of Sharia
and which gives which which gets you closer
to the spirit of Sharia
and the objectives objectives of Sharia,
the essence of Sharia.
You're coming closer because the the higher you
go in a position, you're coming closer now
to the essence of church itself.
But they disagree over
the authority
or the proof value the proof value or
the authority
of Al Qued.
And
I'm not gonna go, you know, like I
in the notes,
in in that much detail, But let me
tell you why
some people thought
that the Qad Al Fakayyah
should not be used as evidence.
Some people thought may
not be used as evidence
for two reasons.
One of them
is,
haven't we just said that
are derived
by inductive survey of?
So
they the root of FEP or the branches?
They are the branches.
How could you use the branch
to establish the root?
That's one concept. They are the branches of
FEP. You can't use the branches
to establish the the the root.
What would be your answer to this?
Isn't this true for many sciences
for many sciences
that the principles are deduced by inductive survey,
and then we go back and apply those
principles? What about nahwah,
Grammar,
Arabic grammar. How did we figure out Arabic
grammar?
Is it in the Quran?
You know, fa'al murfouan?
No.
Inductive survey.
This inductive survey gave us principles to go
by?
Yes.
Do we take those principles and apply them
back,
you know, to judge,
the Forua?
Yeah.
So the the it's not uncommon in sciences
in general.
But
another argument another argument is
that
these are aghlabi
natkulli,
predominant and not universal.
Predominant,
not universal.
Didn't we discuss this when when we were
talking about the definition and so on? They're
Aghlabi,
not Quli.
They're Aghlabi not Quli?
Did we say they are Aghlabi? No. We
said that we don't agree with this. We
are kali. They are universal.
They are Aqalabi.
In some sense,
why why did we say they are collie?
Because we said if there is no competition
between the maxim and another
piece of evidence,
another maxim,
text of revelation,
necessity,
this or that, if there is no competition,
the maxim
cannot cut it.
It would have continued to be consistent. You
could have continued to consistently
apply it.
The maxim
is consistent.
The maxim
there are exceptions and sometimes there are many
exceptions,
but the exceptions do not mean that the
maxim is not consistent
or universal.
The exceptions are because of another maxim, another
piece of evidence
that
basically
warranted
the exception.
So the car either in and of itself
without competition
without competition
would be consistent.
But because of competition
and when we say this,
isn't that true even for the Quran and
sunnah?
True or not?
Don't you find 1 Hadith and find another
Hadith that you have to reconcile with it?
So if you go by the first hadith
that you found,
you may be completely wrong
because you have not taken into consideration the
other hadith.
Some
a'at are general, and they are specified
by other a'at or a hadith and vice
versa and so on?
Okay. So
that it's not only about a crowd. It's
about any
There there there always will be competition,
And there always will be, not always, but
there will in competition and need for
reconciliation
need for reconciliation.
All of this discussion
all of this
does not pertain
to al qawad al fiqyah
that are themselves
texts of revelation.
Didn't we say Ladar or Waladarar is a
hadith? It's Saqa'id and a hadith?
Is that
can this be used as evidence?
Of course, no one would argue about this.
It's a hadith. The prophet said it.
So we're not talking here about the qawah
that are themselves
text of revelation. We're talking about the qawah
that are derived from the inductive survey
of the entire body of Fiqh.
So should we use
as?
Yes. We should use a
as
hudja
until
we have
a counterargument
that is stronger.
Until we have a counterargument,
stronger. And when we have a counterargument
that is stronger,
we will say, as the Imam Ibn Al
Qayyim said,
Laamrullahi
lahadmu'alfiqa'idha
lamiuasifAllahuarasuluuafradu
alayna marati hadithinuwahad
which would translate to
by Allah
dismantling
1,000 maxims not established by Allah and His
Messenger
is more binding on us than rejecting
1 single hadith,
than rejecting 1 single hadith.
We will say this.
We will say this when?
When daka'ida
is
conflicting
with the hadith.
Of course, you throw away the card.
It's not established by Allah and His Messenger.
You have a hadith that's established
from the Messenger. You throw away the card.
But until you have such conflict,
you use a card okay. Yeah.
Now, certainly,
you're not using any of until
you have
you have exhausted,
we're talking about the. You know? We're talking
about
that is already
aware of the Quran and already
has extensive knowledge, comprehensive
knowledge,
of the Quran and Sunnah.
And
he has one particular scenario where he can
find
a specific evidence for that particular scenario, and
he's using the guide. Of course, if you
have specific evidence from the Quran and Sunnah
to use in any scenario, use it.
You you know, you you who who who
want who needs aqaydah if he has an
ayah?
Who needs aqaydah
if he has an ayah?
Nobody.
Okay.
Now,
I just wanted to tell you that that
our imams in the Hanbali madhab seem to
be on board with using the
as.
I'll read for you.
I'll read verbatim
what did Imam Al Mardawi
said in this regard.
He said,
among,
among the evidences of jurisprudence,
certainty is not overruled by doubt, harm is
to be removed, and not removed by harm,
and
harm permits
the forbidden.
Hardship begets facility.
Averting harm is of greater priority than,
securing benefits,
averting the greater harm or the lesser harm,
custom governs,
and considering the nonexistent as existent for caution.
Is he talking
about or not? Yes. Of course. All of
these are
He says these are maxims
that resemble evidences
but are not evidences themselves.
Resemble evidences
but are not evidences
themselves.
But their content is established by evidence
and they are used
they are used
to judge particular cases
as as if they are
evidence for that particular case.
What is he trying to say?
He's trying to say
that these are intermediate evidences.
You know,
the
the Ka'idah here,
the Ka'idah is backed by an ayah.
The Ka'idah then used to
judge
a scenario
that the ayah
will not
specifically
address
will not
specifically address
address.
The is
derived
not from an ayah, but from the inductive
survey.
I'll give you an example
that Ma'am Takeden or Sheikh Takeden
used. They asked him, Should we use the
right hand or the left
to foresee wak?
And
when when you learn things like this, it
doesn't have to to be that the ruling
itself or what the scholar said
must be true. It
doesn't have to, but you're basically examining
their approach, their way of thinking.
They said to him, Should we use the
right or the left for siwak? He said,
It has been stated
explicitly
by Imam Ahmad
that he used the left
for siwak.
And it is the principle of Sharia
that in
others in which
the right and the left
state, you dedicate the right to that which
is honorable
and you dedicate the left to that which
is not.
For him,
siwak is what?
Cleaning,
not honorable.
Siwaq is cleaning. You're cleaning your teeth. It's
just
like you clean other areas in your body.
So you're cleaning your teeth.
So for him, it makes perfect sense. He's
saying that Imam Ahmed explicitly stated that the
left is used for siwak, not the right,
but he's
proving Ibrahim Ahmed's point by
citing to the qaida. The qaida in sharia
is that any matter in which the right
and the left participate
indicate the right to that which your virtues.
By the way, this is a good thing
to interrupt the cycle of infection.
So if you eat with your right
and clean you with your left,
the,
germ load on your
right hand
is will be usually
lower even though your right touches your left
often.
But still, the germ load will be different
between your right and left hands. Anyway, but
that's a different issue.
So
all of that, what is the ruling of
learning? Qawad al fakayyan?
By this, we would have come to the
end of introductions.
Next time, we will talk about
it.
Okay. What is the ruling of learning?
For
the everybody?
Yes.
Okay.
You guys are not reading the notes.
But
it
is the default, but it becomes on the.
Is the default. But the Mufti, the Muftahid
must learn them,
you know, because
he needs them or she needs them.
Okay?
That will bring us to the end of
this.
Now we're, done with,
all of the introductions.
Next time,
we'll start the second section in the book,
which is
Yeah.
That's
the major
legal universal legal
maxims. And we will start with the first
one.
And we will come back at 9:25
Insha'Allah. 9