Usul al-Fiqh 4 – Ijma and Qiyas
Channel: Ismail Kamdar
Series: Ismail Kamdar - Usul al-Fiqh
File Size: 16.88MB
This is the fourth lesson in the series on Usul al-Fiqh focusing on the principles of Ijma (consensus) and Qiyas (Logical Deduction).
Bismillah Salam aleikum wa rahmatullah wa barakato Alhamdulillah wa salatu salam ala rasulillah. We begin by creating lots of a Hana with Allah, Allah to send these Peace and blessings upon the final prophet Muhammad, even Abdullah sallallahu alayhi wa sallam, and all those who follow his way with righteousness until the end of time. So, today, we will continue inshallah with the principles of fear, looking at the second and third, which is, or rather, the third and fourth, which is each mark and chaos. Before that quick recap on,
on basically, what are the fifth, what are the sources of fake? So just raise your hand if you haven't been here before?
Okay, so over the past three weeks, we were discussing the issue, the principles or the methodology of IQ, right, which basically means, how do all ama derive IQ rulings? What's the method? What's a system? Right? And we said, we will focus primarily on the Hanafi method, because each month hub is a different method of deriving rulings. That's how we ended up with different methods. Each scholar had his own approach to it. So we said number one, the all of the majority of agree that Quran and Sunnah are the primary sources affected either the revelation. Right, so again, I didn't mention this point before. Our sources of fake or derived are divided into two parts, the revealed sources
and the rational sources. revealed sources are the Quran and the Sunnah. The Quran is the word of Allah, the sweetener, the teachings of teachings of the Prophet sallallahu, alayhi wasallam, which we mentioned last week, some of those are revelation, some of those are not and we discuss how we go about deciding which ones are what, right, so the Quran and Sunnah are being
revealed sources. Now the other sources, which we're going to discuss this week, next week, and the week after the remaining four sources that we're going to discuss are called rational sources. Now, a lot of people don't realize this, but a lot of our physics doesn't come directly from Quran and Hadees. It comes from the intellectual efforts of Allah. Right. So these are the rational sources of pick. And here you will find differences of opinion amongst the old ama on what are the rational sources? And what are the limits of the first one,
all of the majority of agree upon it, but they have different understandings of what it is, and what's the extent to which we use it. Right, this is called each mark. Each Mark means consensus of the scholars, meaning when all of the odema share the same opinion, this now becomes binding on the oma.
And if you know anything about polymer, this is very rare. Right? We all have the Ola share the same opinion that is binding, and we'll come to this we discuss this in details today. The other rational source that we're going to discuss today is Eos.
EOS means a logical deduction based on principles taken from the Quran and Sunnah. So the olema have deduced principles from the Quran and Sunnah. And these principles over time became the maximum divide, which we will inshallah discuss in more details next year. And those are useful making to us. So EOS is essentially the rational aspect of it with the scholars are using their mind to derive fake rulings. And chaos mainly applies on things which are not mentioned in the Quran and Sunnah. So you're going to find a lot of fick does not come from Quran is enough because for example, the technology we use today did not exist in the time of the Prophet sallahu wa Salaam. So all of our
fatawa regarding technology come from chaos, right because we have to now approach it fresh using principles from the Quran and Sunnah. Now chaos is agreed upon by all four of the main mud hubs as a source of tech is only one month update does not accept it. I mentioned it briefly in the first week who can remember
which must have does not accept chaos. It's not one of the main ones.
We have thought here the literalist idealist realists literalist, which is the mal hub of even Hazem of Spain. So in classical Islamic Spain, they were they must have called these earrings, and they were literalist, in effect, so they follow Quran and Sunnah and ah, ma. Now, I went through a book on this topic, and I read it trying to make sense of his argument. I could not understand his argument. And furthermore, there are many fatwas in his book, which seemed to be chaos, he just didn't call it chaos. So we can say that the lawyer is make trc just call it something else. They just they just don't have the same name for it, right.
The next principle which we will discuss next week, so this week's topics are each month and key us right now. These are called the secondary sources of it. Now we come into the area of differences of opinion. The next one day
week's entire lecture is on oath, or ADAT local culture. So the big Maxim agreed upon by the formal hubs is a dogma hakama. local culture is the deciding factor, meaning whenever there is a clash of cultures, you follow the local culture. Next week, we will go into details about that I want to spend an entire hour on debt alone, because I really believe this principle can solve many of our problems in South Africa. Unfortunately, it's not being applied in this country. The ulama in America are applying this principle. Well, am I in the UK applying this principle, all the Muslim countries they apply this principle. So Africa for some reason, we feel we have to indianized South
Africa in the name of instead of adopting to the local culture. So next week's entire presentation is on
the week after that, we will come to the area where there's more differences of opinion and how it's done. And that is overriding chaos using the goals of the Sharia in the Hanafi madhhab. We call this sdsr. Right, the molecules calling is this law.
And the other names for it in other methods, but all of the Muslims have something like this, which we will discuss in the final week, which simply means when the chaos is causing with the result of the chaos or any alliums opinion, is causing difficulty or harm to society, it is permissible to choose a different opinion. That's basically what it means. It's a very complex and disputed area, but we will spend an entire
lecture just discussing it and the limits of it and how to go out to eat because again, it's a principle that can be easily abused. So before we get into this week's presentation, again, quick recap. Quran and Sunnah are called the reveal sources, the primary sources of fake, the rest of them are called the secondary sources of fake or the rational sources of fake, right, which means this is where you now use your mind to derive the following kuranda using your mind you're following what Allah said, following Hadees what the prophets law is upset. Now when it comes to chaos and orphan. Yes, the scientist is now all the intellectual effort of the olema. Right? This is now the rash
where the rational and the logic of the olema come into play in deriving our rulings. So to begin, we'll spend the first half of the presentation on each law and the second half one, the US what is each law?
The concept of each law is derived from any hypothesis, the most important one being when the Prophet sallallahu alayhi wa sallam said my oma will never unite upon falsehood. I this is the Hadees so Iijima is in a way, following Hadees right? Because the prophets are some said my oma will never unite a convulsion. So the understanding of the LMR from that Hadees is that if the entire oma all have the same opinion on something, it has to be right. So that became known as the third source of law, which is each ma or the consensus of the scholars. Right. Now, the word consensus, this is an important point, the word consensus has a different definition in Islam than it does in western
academics. In Western academia, consensus means normally the majority view, right? in Islamic means no differences of opinion. The word for majority view in Islam is jungle
jumhooree each monocacy. Jumbo means for example, if the Maliki Sharpies and humble is on one side and 100 is on the other side, we call it shampoo. We don't call that each bar, for example, what time does sola to assert setting right? When does the beginning of us have time? So we'll find that the Imam Abu hanifa he put the beginning of a Some time later. And the other amount, including the other Hanafi Maliki loan students, they put the beginning of a certain time earlier. So if you will see that Abu hanifa opinion, and is the jungle of India, or we cannot see this each month, because in German means everybody's on the same side. Right? So understand when we talk about consensus in
Islamic law, we talking about everybody being on the same side, no differences of opinion. And it gets a bit tricky. We'll look at that a bit later. All the majority be accepted as our source of Islamic law, including these theories. And the law is accepted because of the Hadith again, the doilies take Hadees very literally. So in the prophets voice, I'm saying my oma will never agree upon falsehood. They take the literally and so they also accept the Jamaat as a source of Islamic law, not from a rational perspective, but from military following the Saudis. Right.
So basically, what it means is when the oma has consensus on the issue, it is binding on following that opinion. any deviation from that opinion now becomes something outside the fall of our hoshina watermark becomes something deviant. Right when someone goes against the law, but having said that, there's a lot of problems with the concept of each law. A lot of controversy in this
area. And we're going to discuss that over the next two slides. So let's let's talk about it. Number one. There's no edge mark on the definition of each bar.
That's our first problem.
If you ask a sharpie amalickiah, or NFV, what's each Mark you'll get different answers. If you ask a selfie in a Deobandi, you'll get two different answers for your ask any group, you're going to get a different answer, right? So for example,
you have amongst the traditional schools of thought that each one of the 40 maps, right, but other schools of thought don't accept it as its model that they see that's for people's opinion, for people's opinion isn't counted as each month. Right? The following ones themselves didn't even agree upon what is each month. So how can you now say that your opinion of those four people is each month? So let's start off with what we all agree upon? every single month, and every single school of thought wouldn't
all agree that the first three generations or rather the first generation of Islam, the Sahaba, if they agreed upon something, it is, which might is binding, this is all the majority of acceptors sharpy Hanafi, Maliki humbly Lahiri Salafi
everybody else, Sophia understorey, Baba, everybody accepts this right?
everyone accepts that when the first generation the Sahaba all share the same opinion. Then it is binding on the oma. You cannot go against us going against this now goes against ultra ultra, you can actually push push a button outside Altoona huachuma.
Having said that, you mama Shafi Modi been humble. And in recent times Ramallah Shakuni, these allamah, they did not.
they doubted the possibility of each man after the time of the Sahaba. I actually said, theoretically, if the oma had to unite on the issue after the time of the Sahaba, it would be counted as each month, but realistically is not going to happen. Right? And honestly, I'm I'm inclined towards this opinion. Because we know today how hard it is to get people to unite with anything. Right? The term of your shopping, you had no reservations about it. Nowadays, I mean, can you imagine something new pops up today and all the alumni end up in the same opinion about it? It's very rare. It's a possible it's a very theoretical possibility. But it's rare. It's rare. So now,
the ask, Can discount is each one. And Mr. Shogun, he goes into details. And he says, even if he said, for example, that in the third or fourth century with each money issue, he says, but how do you know? How do you know in the turn of what century do literally 1000s of balama spread across the world? How do you know the winning Olamide some village by the way, you had a different opinion? They didn't end up in divorce. How do you know there wasn't someone who has a different opinion, but he was too scared to say it because he's the only argument he sounded like opinion. Mr. McCarney mentioned all this. He says because of that, he doesn't accept the idea of each not happening after
the time of the first generation. Right. So when we talk about each bar, what's agreed upon by all the AMA is the Sahaba each bar of the Sahaba after that, the Hanafi Maliki madhhab. See each Mark happens any generation, the humble and Sharpie, will ama and the scholars will follow Ashoka just like the ladies movement. They only accept that of the Sahaba. The first generation another thing, that silence count as each Ma, right, it's called a Mr. scooty. of silence, meaning if at any point in history, all of the olema who spoke up said something and many other Aloma kept quiet. Does that count as
I know the Hanafi. Maliki to say? Yes, accomplishment? Mama Shakuni says no, they may have been sketchy. I mean, you know what it's like give only one Olive in town whose opinion is the argument with a different opinion? How many of them will actually have the courage to say what do you say? What do you mean? Right? You can't accept that as each month. Silence is not each month. Silence simply means you didn't give an opinion. Right? So one more controversy. If the four moms agreed upon something is this each month? As I do today, you're going to have two schools of thought about this example. The if a man divorces his wife three times in one sitting, does it count as one
divorce or three divorces? The four imaams when it comes is three, right? So one side you have Omar saying you can only follow that opinion because each of the four elements will get opinion. On the other side you have Allah even taymiyah who said hold on to the four people, it could be wrong.
aboubaker didn't count it as he counted as one. The time of the prophet SAW it was counted as one. So why can't we count it as one
Do you see that? You know he did those Obama, who felt if the full amount on one side, it is possible for the truth to lie outside of that. Right now you have two schools of thought one school of thought says, if the four imams united on something, it's each one
school of thought is hold on the other Muslims. Besides that, it doesn't mean that these four Imams, their opinion is out that opinion of the entire Ummah, because there are other Ahmadiyya Muslims. So
does that count each month or not? That's a controversy. Personally, I do not count against each month. Right. As I said, I only accept the each of the question eration to Sahaba. After that, it's, it becomes an issue where there's differences between the different ways of thinking and the different hubs. I'm in the view that after time, the Sahaba in schema has never really happened in this room. There's always been differences of opinion, except on those things which the first generation agreed upon.
one more problem with each bar.
And that problem is nowadays people love to misuse this topic. What do I mean by that? Have you ever gotten into an argument with someone about something and when you go to them a your opinion, you see, these each model it is hard on these each model that you are on? Right? This is something that people use as a trump card, you know, they have the choice in your face, they don't have any other argument, you see this each model.
Now this is a problem, because I have found 80% of the time when people simply see these, each mountain issue there is no each moment issue. Right? 80% of the time, I'm not talking about that. What am I talking about the average Muslim, because the average Muslim, for example, if you live in a small town, in South Africa, and you only know the opinion of the owner of that town, as the average person, you're going to assume that that is the issue of the oma. Right? If you're someone who traveled to Malaysia to Turkey to Indonesia, to to Saudi Arabia to Egypt, you become aware hold on they are different opinions. Right? So you you you are less likely to say that, for example, the
other day on Twitter, I saw someone posted that his intermod that it's haram to have your pants below your ankles. Mama Shafi first remember when he pointed issue so where does this come from? Literally in the second generation, and in the first generation is differences of opinion. So the problem today is a lot of people when they don't have a debate on the end, they don't have evidence from the end, or they just want to shut you down. They claim each month.
They claim each month without actually being each month. So my advice to you is when somebody claims each month, right? You need to ask them But Why didn't my finding opinions of other scholars? Because clearly if the opinions of other scholars, they each know each mark, and that brings us back to my favorite controversial topic. Music
ever without someone this difference of opinion. Many people say oh, there's no difference of opinion this each month.
So if I'm a Shogun, and I love him on our show, Kenny Loggins working on a beautiful book, right? The translation of the title of the book is refuting the claim of each mark on the prohibition of music. was beautiful about this book is a Shogun, he believes music is haram. This is the beauty of the Shogun, he believes that music is haram. But he still wrote his book and his conclusion. His conclusion is beautiful. So basically, in this book, what Ashoka does is he shows in every generation going back to the hava, those who believed music was Haram, those who believe he was in every generation, even if it's a habit, he quotes certain Sahaba as saying it's fine a certain Saba
saying it's wrong. And he shows in every single generation how this difference of opinion occurred. And his conclusion is beautiful. In his conclusion, he says, He swears by a lion says I believe music is haram. And I've never listened to music in my life. But I have written this book so that people understand there's a difference of opinion and they are tolerant to the other opinion. I mean, how beautiful is that? You know, now, I mean, nowadays, you know, people, when when they when they have an opinion, they want to enforce it upon the people and they want everyone to follow them. But also a Shogun, he had a much more, he had much more academic honesty. He wants people to know,
hold on, this is my opinion. But the other opinion does exist. It has always existed. It may be a minority opinion, but it always existed. And so this is something we need to revive in our time not music really doesn't need to be revived in our time. Right, but academic honesty, that if someone following a different opinion from you to tell them that I understand the difference of opinion, but this is my opinion, instead of just claiming each month. This popped up again recently, right? When the Omer series series came out,
and people were claiming this each module is haram for someone to act as the Sahaba in a TV show.
Like each month who the Sahaba definitely didn't discuss the issue of acting as a hobby the TV show. So each mouthful, so as one of these people was claiming each month each month
The owner of Saudi Arabia.
Love Saudi Arabia is not each mine is one country. I mean, come on, right? Furthermore, Sheikh Salman al Oda is from Saudi Arabia, and he's on the committee to approve the show, as you talk to us about garaga, from Saudi Arabia is, right, but he's also on the committee. So the fact that they approve the show, so you know, each month is awesome on both sides, there may be a majority and a minority if you want to be academically honest, you can say the majority opinion is that is haram. But when you claim each month, that's been dishonest, right? So we need to be honest, your witness differences of opinion not to just clean each mark. And I see people do this all the time, and
everybody in the shutdown someone's argument they just claim each month. So the end of the day, they are actually very few issues upon which days each month, most of them already in the Quran and Hadees right, we already can derive them from Quran. But let's look at a few examples of things which are not in the Quran and Hadees but are matters of each month. And so we have to follow them. At least look at some examples. Number one, the order of the sutras in the Quran.
Everybody knows the order of the sutras in the Quran is not the order it was revealed in right surah Allah was the first unit to be revealed is found in the back where do we get the order of the source of the Quran from? Well, these each mouth is a harbor that the city water is consensus of the Sahaba that this is the order that the singles are happy to hold on to a party I should go in the back. Oh, hold on. shabaka should go after surah Allah knows how visitors when the Sahaba compiled the Quran into a single book in the title Abu Bakar. everybody agreed. It's in the right order. Right now there's a difference of opinion of how they arrived at that order.
It's my cup of tea for some people.
It is just two opinions. One opinion is when Jupiter eel used to revise the Quran with the proper slides on every Ramadan, he would revise it in this order. So this became the order. The other opinion is when the Sahaba gathered to compile into a single Quran, they discussed amongst themselves and chose this order. Right now, I believe the first opinion is stronger than Jupiter ear when he was reciting what the prophet SAW this was the audit was done and there's evidence for that. In the last Ramadan, the prophet like somebody cited the entire Quran to Jupiter in twice would say the Punjabi listening to it. And they even sub it's the one who compiled the Quran the first Cora
right in that same model. Right. So therefore I believe that opinion is stronger But either way, we can say for sure. Not a single Muslim in the first generation says that the order that we have the Quran in today is wrong. They all agreed upon it. So this now becomes each month number two,
adding a second Alon for Juma. This was done in the reign of Osman cracchiolo. Right.
Right. So, in the time of the Prophet glory Sunday was only one other
the Quran and Hadees mentioned nothing about this issue is a type of postman the expanded the heroin for the first time because the oma was now getting larger, and Medina was getting larger. Right and now they found that people weren't getting enough time off to the Amazon to get to the masjid in terms of the coupon. So they came up with the idea let's have an extra zine so people can close their shops and get there before the second exam before the code bar begins. And all of this harbor says that's perfectly fine. So we can see this each month of the Sahaba that is permissible to have to allowance for Juma right. Now whether it's compulsory to have to answer Juma is another story,
right, but it's definitely permissible.
Again, the additional words in de fudger again, right, or salado hydro Minato sola is better than sleep, not from the Quran. Not from the Hadees O'Meara Delano was the one who added this to the Asana, Oleg sahaabah satisfied. So if all of this however says it's fine
each month, right consensus, no Sahabi says you can't add that this bit our you know, something like that. Again, bring the row in congregation every night of Ramadan. We prayed or are we in congregation? This was only done by the prophets lie some football three nights in his entire life that we know of recordings as a practice for every night of Ramadan. This started in the time of Abu
Omar, right, but in any Sahabi object to it.
None of the Sahaba objected. So each each model is consensus that is permissible. Right? And finally, I'm bringing this one up, even though it's technically in the Quran and Hadees. But nowadays, a lot of modernists claim is difference of opinion. There is no difference of opinion.
The hair of a woman is a part of Allah in front of non Muslim men. There's Itamar on this amongst all of the Maasai, it's only more than a sin Khurana tinnitus, right? And that literally is in the past 50 years or other past 50 years or even before that even the modernists before that never denied
Right. If you do have to ask the early modernist like Rashad reader of Mohammed Abdullah, he will see a woman's hair his aura
is so the woman's hair. I mean, she has to cover it in front of non Muslim men, the idea that she doesn't have to do it at all. You just according to your culture in terms of that that's a new idea that popped up recently
to bring it up because again, now these people say no, there's no each month each month is kuranda has had these entries each month on this issue. The strongest evidence being the Hades
of a smart vertical, and how would you prefer so I'm told that when a woman reaches puberty, nothing should be seen of her besides a face and hence, I guess the strongest evidence. So you will not find any malherbe saying it's okay for a woman not to cover her hair. That's not part of any of the other things. They differ over the feet that you fall over the upper arms. They differ over many other things, but not the face, not the hair the hair is agreed upon. Right? So that's it everybody clear on this topic? Before we move on to PS?
Yes, there was each month because when it was done, there was no divino Sahaba. Who said, this is a bad idea, or we should not allow to do this. Rather, they all accepted that this is a good thing to do. Right? Has it been Isa sahaabah, who say hold on the prophets of the nakoda qurani to single volume. So we cannot put in a single volume. That becomes a matter of difference of opinion. But the fact that not only they all accepted it, but it became the standardized Quran that we use, right until today means each Mark every single generation of Islam on it, right? So yes, there was it. There's also an example of each market that is a good example of each month. So just to recap, each
ma means when the oma agrees upon something is binding to follow, and it becomes deviation to go against it. Having said that, only the Sahaba sign can really confirm each one because the oma was smaller, they were less people around if someone has a difference of opinion, they be more vocal about it. The Sabo is scared to say they say the opinions, right? And it's all recorded. After the time, it becomes more
it becomes more difficult to really know which might exist or not. So these kinds of issues, we can go back to the harbor and see the sahaabah agreed upon it is we accept as matches of each one. Something later it becomes different.
No. event in one area.
PC Arabia, yeah. Okay. Yes.
It could Yes, it's true.
Why he became less practical and responsible. Yeah.
We have communication media. That's true, which is extremely fast and communicate from one party to the other in seconds.
So, maybe the first generation had each one. Yeah, well practice. Yeah. And they couldn't after that, because communication is difficult in all four corners of the world as it starts
to take a lot of people to communicate with each other. Yeah. Now these days that we have these technology, technology
is not possible to have it is theoretically possible. theoretically possible but because we default on so many issues I don't know which practically but I was thinking about I came up with one issue we I think it is a more than the each mount the prohibition of pornography.
It's a modern day issue. It's a new issue. But I don't think any alliums I was gonna say it's fine. I don't think there is like to meet him have a discussion with him in a piece of my mind.
Yes, that's true. We could even see there was a when
when slavery was abolished. Nico microdata Ah, Ma, we can say that because technically our Quran and Hadees allow slavery but no argument Are you allowed to take slaves today because there is each of the oma that in the time and place we're living in. We're not allowed to do that based on international laws and you know, the world we living in today. So you can even give that as a modern example of each mother*er the entire Ummah agreed to just get rid of this entire concept, which was part of our religion for over 1000 years. So it is possible, very rare, but it's possible. So I'm not saying there is no agema but as is theoretically possible, and maybe occasionally you may
come across the issue with it is each one I would say is a good point here is
they do okay.
Not Know About so maybe there is no issue.
Okay. Okay, let's move on. You have enough time.
the elders see again doesn't I don't think technically even a court can do it will surely teach law. I think it's just a way of
just an emotional issue. Go get your elders.
There's never been. In fact, we can say that in early Islam they will basically consensus the woman we allowed in the mosque.
No, that didn't happen. That's a complete misunderstanding of what he said. Women have been going to the masjid or in Medina, from the time of the prophet SAW some right until today. Today we have the most hardcore conservative people ruling Medina and they still don't stop me from going to the masjid. It never happened. I don't know of any point in history, where women did not go to the prophets Masjid. Those who say almost stopped it. They are misunderstanding the Hadees to stop women from entering the masjid inappropriate. Just those who were dressed appropriately did not stop there. Right. So that's a misunderstanding of that integration. Right? And we know it's true because
it was mine was the halifa which is after almost time, and when he was attacked in the masjid in some of the woman stand up to defend him. was over himself corrected in the masjid by
Yeah, but in the calling each my wife the rest of the Muslim would not agree with me.
exactly. So there's not each month. That is not each month. Hmm. And again, this is the problem. I wanted to mention this, a lot of schools of thought regard their hula only as each bar. And that is a major problem in our times.
This any other way, almost any Muslim country go to woman praise Allah in the masjid majority majority of Muslim countries and
even the yes, even from the people from the same school of thought the ones in other countries are more or less conservative on this issue. Hey, we are really running out of time. And we have to do chaos though. We have to do chaos, understanding chaos, we will do chaos.
But let's get back out of it. The US. Chaos is one of the most important things for our time. And when they give examples of that, right? Because again, for those people who think the doors of HD have closed, how then do you solve problems of the modern world you need the US you need the US to solve modern issues. It's it's ridiculous to say there's no HDR today because you got the examples I'm going to look at with not discussed by the Sahaba or Imam, Abu hanifa. Mr. Malik, they are literally new things that require new rulings, right, and these are matters of chaos. So chaos means a scholar does a logical deduction not based on his own ideas, not based on some man made ideology
based on principles extracted from the Quran and Sunnah. Right. And the PRC was practiced by the Sahaba, during the life of the Prophet sallallahu, alayhi wasallam. During the prophets life Sahaba practice the US and the prophets have approved of it is even the region where he asked us the abbey was moving to another land. What would you do if someone asked you a question? And it's obviously our check in the Quran. He said, What if it's not integrated? I will remember what you taught me. So what if I didn't teach you anything about it. And then he said, I will use my mind to work it out. And the prophecy that's the right way. And he approved of chaos, verbally and in terms of how he
dealt with Abu Bakr and Omar and many others, they he let him make chaos in his presence, and it told him he did the right or wrong. So chaos has always been the in the oma.
All of them adapted besides his or hers, and I accept it as a source of magic. And I said the joy here is they say it's not a source of pick. But when you read the books, it's clearly there. And without using the actual word, it's clearly there. Right? And a red ribbon hasn't been entirely wahala. And I found many, many examples of chaos, even though he didn't call it chaos. Right the result of the US and are speculative. Now this is important. Chaos is a secondary, rational source of fear. This is where most of our differences of opinion come from. And it's important to understand that EOS is speculative the word in Arabic is only meaning when a scholar arrived at the
conclusion through chaos. He needs to say this is my opinion, and Allah knows best. He cannot claim that the entire Ummah does not follow his opinion. He has no right to do that. Because this is his only issue. It's speculative. Right? When it comes to the areas of differences of opinion between a llama majority of it is matters of chaos, because you have to endure
Standard Allah make the US the trc going to take him in different directions. One is going to look at this from one way something up from another way. So I'm going to combine those two ways someone can come from a completely different direction. The US is where most of our differences of opinion Come come from. Now chaos is very important. And in later generations the alama vintage easier ways to make yours The only generation it wasn't standardized. Each Island basically had his own method of chaos regenerations they invented a new science in fact, they made chaos very easy called the allied with bacteria in Maxim's and inshallah next year, we will do six weeks just on the maximum.
right we'll go into details about this six lessons entirely and the maximum of them but very briefly, Maxim's are short statements
that the orlimar memorize that are used in the US ideas, short principles that you think Yeah, so what I'm gonna do today for you all in the remainder of this session is I'm going to take about four or five Maxim's and I'm going to give an example of each one for more than right, so
I'm going to show how we use these Maxim's to arrive at rulings for new issues. And that shows you the importance of these Maxim's so before I do that and everybody understand what the pig Maxim is.
Any Raise your hands if you don't understand that point. Right? a fig Maxim basically means a short sentence at an early memorizes. That becomes a principle or maybe a given example you understand. First example, an astronaut will Ashanti Alba, this is a maximum of 1504 Madhouse the original state of things is permissibility. All of the mother him today agree upon this. Which means when someone asks you is this halal or haram? The original ruling for anything is hollow, right? So this is a maximum of victory when Allah made the US they start from Europe, they don't start from the start from Allah, they only go to her arm, when there is a genuine reason, what would be a genuine reason,
maximum number two, a guru user harm must be eliminated. If something is harmful to society, if something is harmful to the individual, if the harms outweigh the benefits, then we say this is heroin. Right? So these are Maxim's of fixed so when a scholar in making someone walks up to a scholar, something new has been invented, someone invents a new technology, the assertion is this Holla Holla. He will use this macro to say okay, original state permissibility if it's harmful, it becomes corrupt. Let's see this thing is harmful or not. Right? And then you use this to do his chaos.
Another example of a maxim right? That necessity makes the haraam halaal Where do we get this Maxim from? Quran
the verse of fasting if you are traveling or you are sick, make it up later. Right? The duration
amount of an asset when Abuja told him to say words of Cooper to save his life, right? He saved you CDs, if you see these words of Kufa won't kill you. And he said it. And the prophets have said it's fine for you to say as long as you don't believe it, that gives us this idea, that necessity makes the haraam holla right. And by necessity, it doesn't only include life and death situations, there's different levels of necessity, that make different types of things. halaal right. regulating that, so now we have Maxim's regulating Maxim's a maxim that regulates that is if something is permissible due to an excuse, right? This is invalidated if it goes away. Meaning what
means for example, if you had a injured back, for you started to sit in play, it becomes permissible for you to sit and pray. Once your back is healed. And you can pray normally, is it still permissible for you to sit and pray, why the excuse is gone. So now the rule changes, right? Understand, we'll use all of these in modern issues in the next slide.
Finally, anything that is needed to fulfill obligation becomes an obligation. Right? Is it wajib to make we do
not normally, but if you salata and you don't have to do it becomes a logic why to fulfill the obligation of Salah you need to do therefore we do at that time comes an obligation. This is where we derive the maximum from now let's take each of these five and apply them to a modern issue. I show you exactly how we'll ever make Yes And again, we're gonna end up with different opinions These are my opinions based on these Maxim's right. So the first Maxim, the original state of things is permissibility. So therefore, whenever a new technology is invented, we will say it's a law in general, right in general, all new technology is allowed to use Unless Unless of course
One of the Maxim's that make things hard on AI. So in general, the invention of new technology and the usage of new technology is permissible, right?
In other religion that says we need to be walking around driving or riding horses and, you know, be basically living like in the olden days, technology is in of itself possible. That's the easy one. Number two, what do they say the second maximum harm must be eliminated. Modern photography derived from that, smoking cigarettes, using recreational drugs, right? All of this is prohibited, why?
harmful to your health, harmful to your health and to those around you as well. But even if it wasn't to those around you is harmful to your health causes cancer. In the case of recreational drugs, some of them cause much worsening to that, right. In general, you are not allowed to harm your own body and health without an actual genuine reason to do so. Whether you buy a genuine reason to do so. I mean, obviously, if you're going for an operation, there is some physical harm someone's cutting your body open, but there's a genuine reason to do so. It saving you from something else. Someone's smoking a cigarette or what what exactly is the chevier benefit you're getting from that?
You see when you make yours? We covered this in the Bakassi, the minister in Makati, the Sharia. When you make yours, we weigh things on the scale of benefits and harms. If the harms outweigh the benefits, it's how long so my argument to people who say that smoking cigarettes is permissible is what are the benefits of smoking that outweigh the harms of causing cancer? If you can prove to mediations the benefits of smoking that outweigh the harms of causing cancer, then maybe I'll change my opinion on this but until you can do so I'm of the opinion is wrong. It is wrong to harm your own health. Right? What is the next maximum?
necessity makes the haraam? holla right time for controversial factor number one.
I believe health insurance is halala in this time, in this age in this country, right? Because of necessity, right? Why? Because of this without again, chaos takes people in different direction. There are some Obama who says hello enough itself, enough itself there will Amalek in Malaysia itself will say it's Hello enough itself, that their chaos led him to the direction that insurance is fine. My chaos leads me to the direction that in of itself, insurance contains elements of interest in elements of gambling. Therefore, in of itself, it would not be permissible in a society where there are alternatives. Now, if you're living in a society where there's no alternatives, what
do you do? You end up in debt, you end up just leaving someone to die because they can't afford to go to the hospital. What do you do in those situations? Right? So in my opinion, if you are living in a country where there is no alternative, there's no free Medicaid, it's good again, people see what they ask the hospitals, but we know the quality of the hospitals in this country. So again, this fatwa, firstly, this opinion will change from country to country. Please keep that in mind. My opinion on this will change from country to country. And that's another thing to keep in mind. changes from country to country, culture, to culture, society, to society. But my opinion is if
someone's living in a country, where not allowing Muslims to have health insurance is going to cause unreasonable harm to people. What do you mean by unreasonable harm to people, someone's child needs an accident, he ends up in hospital to get a 250,000 Rand bill, they spend the rest of their life paying that bill plus interest, it will be easier for them to have paid health insurance is a made life easier for them. So that we can see is a necessity, that makes something a lot. Right. So that's why I come to opinion, it's fine in these countries to have car insurance, health insurance, most of these type of insurance, simply because without them we are making life unnecessarily
difficult for the Muslims. And let's face it from the old Mr. Sita, Rama at the end of the day, many of them have to take it themselves. I mean, did you end up having to take insurance themselves because it's it becomes impossible sometimes to live without
life insurance? No, generally No. Because,
again, they didn't really know Sharia necessity. There's no necessity
if you if you pass away.
Okay, so again, it will depend from place to place and circumstance or circumstance. The general I would say no, and again, I'd have to I would have to research the issue more. And once again, I don't normally just give opinions on the spot. So to that question, my answer now is no, but let me lead 1000 research papers on getting it back to you. Okay, I don't keep up with algae my research property.
Except you also also have
and again these things will change from person to person and case to case. So again many times people ask you remember especially Maxim's like this Maxim's like necessity makes the haraam halaal. Very often it's a person to person thing, because what's necessity for one person may not be a necessity for somebody else. Right? So we can't we don't just give out Jen. And this is why again, I'm completely against the idea of General.
It must be done on a person to person basis right. Now, before I take any more questions, let's finish our slides. Otherwise, we're going to spend the whole day debating insurance The next point, I keep in mind Maxim's two three and four that I taught you. So maximum, two was that we must eliminate harm maximum three was necessity makes a haraam hello and Maxim for is when that necessity is lifted, it goes back to heroin. Now I spent a lot of time thinking about this issue actually haven't really read anything official again, but this is my own opinion.
The issue of medication like addictive painkillers, which we know nowadays is a huge epidemic of people being addicted to it, their lives being ruined by people overdosing on it, people just going off of the part because of the addiction to it. Where do we put this on the indorama fatawa. So this is my my opinion on addictive painkillers. It's only allowed at the time of need, according to the doctor's prescription, nothing more than that, meaning My opinion is harm must be eliminated. addictive painkillers, when they are misused, when they are abused, when they are used out of sight of a prescription, it is extremely harmful. Right? So therefore, enough itself would not be
permissible for someone to just buy it and use it. Right? However, if the doctor says, Listen, you need this twice a day, for six months. Therefore that person twice a day for six months, it becomes permissible. Once that's over a doctor says don't take this anymore. It's no more permissible for that person to take it. Right now again, this fatwa is something from my side. I don't know anybody else who sees it, as anybody else even talks about this topic. But reality is amongst the Muslim community, we have a lot of people who are addicted to these things. How do we prevent it? I believe this fatwa can serve as a prevention to that, right? That if people are no and they believe, and
they understand that you don't take this thing on this this necessity, then maybe we can prevent this from happening. Allah knows best. I know, the doctors in the house. What do you think, would
It's a major issue. This is we might
It does, cause
it becomes no different from a recreational drug at some point. Yeah. So I believe we need to we need to promote this idea amongst Muslims. You don't use these things. Right. As I said, in fact, I myself, I don't use any medication in my life. And this is necessity. I just thought,
We need to have a whole session on that thing.
Okay, now the last part one guy comes to you and he's like, Yo, I don't want to work. Right? So is it logic fundamental work? Is it compulsory for men to work?
Yes or no?
is compulsory for a man to provide for his family? Okay, well, he's a multimillionaire. Is it easy for him to work?
Does he have to go to work? Is it a sin for him to sit home and play video games or watch Netflix?
Technically, no, because what to watch on him is to provide for his family. Now, if a man is unable to do that, what was the last maximum you said? whatever is needed to fulfill a why'd you become watching. So this guy is sitting at home playing video games, his wife and kids are hungry, he doesn't want to get the job, we will tell him it is watching for you to work because it's watching for you to provide for your family. And whatever is required to fulfill a logic becomes watching whatever is required to fulfill an obligation becomes an obligation. Again, case by case person by person, if someone is well off, it is not watching for him to work. He can provide for his family
for the rest of his life. And even after his death, even his great grandchildren and ingredient reaction while ever working at the office life, right? But for the average person to fulfill these obligations, you've got to work right. So this is something that only becomes wajib when a person is unable to provide for the family in other ways. So again, these are examples of
houki assistant and I hope it gives you an idea of why this is so important, why it's so important that every community in every era has a llama amongst the chaos. Because how can you be derived? Completely? I mean, the people see the daughter when she had a cold, I said, What can we say about these issues? The form of never discussed insurance, they never discussed painkillers. I didn't ever discuss technologies, right? It didn't exist in the time, you have to make HD hard on these issues. It there's no other way as a woman to deal with these issues unless we make HD hard. So and that's why I say even the people who say that the daughter of HD has opposed they ended up making it very
hard anyway, because he is no other way to deal with these issues. So to conclude,
we say that the intermod the consensus of the Sahaba is a binding proof on the oma.
And after time this habit becomes contentious, is it possible not? We gave a few examples where it is possible. But it's very rare, very rare, right? chaos. Chaos is necessary. It's necessary for the orlimar to use chaos to derive practical for our next week and the week after we look at some of the other principles that that can overwrite yours. I'd like like Asana or free data, there are times when you can overwrite yours. Right. We will look at that in detail over the next few weeks. But in general, prs is very important, and the Maxim's were constructed to make yours easier. So in the early generation, the Alomar had to really just the way no books on the topic, they were literally
writing the books on the topic that you just each one we actually own. But as the years went by, and as our scholarship developed, it became so much easier once the Aloma invented or provided to the fixed Maxim's because now you just memorize these 40 or 50 statements, and you use them to make yours. Right. And inshallah we'll discuss that sometime next year. Next week. Next week's topic is anyone remembers
local culture, our work must be localized. And something I say a lot and it's something I get in trouble for saying a lot. But I truly, truly believe in our faith must be localized, we have to localize our faith. Everybody else has done it. Malaysia speak is different from Egypt speak in Egypt is dimorphic. In Turkey, we can talk is different from freaking the United Kingdom. Same with the USA, right? Same with Saudi Arabia, every country has a fix that is based on the local culture. So when you say Africa that we that we have barriers to doing this, so we have to discuss it, we have to look at examples of specific areas of where we have to do this. And we're going to discuss
how we set what are the limits to it, there are limits to orphan as well, because the modernists they go overboard when it comes to us, they just take this and overwrite Quran override Hadees overriding schema, which becomes a Cheviot to them just at the extreme. Right. So we'll discuss all of that next week. We look at what is what are its limits, what are its needs? What are the areas we can use it today. So my conclusions based on it? Would that we come to the end of this week's discussion? We have time for q&a? you have any questions? Raise your hands now. I'm just putting it back on the maximum space but healthy, most of the questions will be related to these.
Okay, in the back.
In today's times of consensus, we know GRP woman
Hello, viola. I've met in the USA and the UK to allow it
to hanafuda from other countries allowed. It's really just
subcontinent and South Africa. East Africa is not allowed. I'm not sure about tokitoki. Tamagotchi that they do. Okay, so in Turkey. It's a it's also it's also an Indian. Oh,
yeah. Yeah, but either way.
discuss it with it. It's
all yours. Yeah.
Yeah, but Dude, I'm going against the grain there because of a party.
Okay. So, in general, I mean, how many of y'all have been for O'Mara woman day generally attended another salon? Right. Generally, when you go into the graveyard itself for the actual video, I personally don't see a problem with it. Unless right this is the condition many of the classical onomah have put, but it doesn't really apply in our time because this is the old practice.
I don't think anyone does nowadays I that is
the thing that was prohibited actually morning. And if you know in classical Arab culture, the time of the prophet SAW somebody should have this woman who used to go to the graveyard. And their job was to scream and to wail and to say things like how are we going to live without you and to just go crazy, isn't used to hire woman to do these things. And so some of the almasi tax was prohibited. Now to do that knife, a woman is just going and she's standing quietly and she's making two R and she's fulfilling the story obligations like he didn't he doesn't apply to anything is out and nobody does that anymore. I don't think in any culture today, we still have this morning practice where
women go and scream at the graveyards and tear their clothes and
not allowed. So again, it's the opinion of Mr. Data.
Recently, Saudi moving opposite direction
is a very confusing country.
Just in general, don't take your pick based on what people are doing in Saudi Arabia because one day all economizing woman driving is haram the next day or the same automatic it's fine. I just based on whatever the government wants. So don't make that your source of income
based on what America wants
in the context of this course that we choose in this country, the question of harassment
and I think you need to clear that up for us. I would like I'm proposing that we actually have one or two sessions on single food
we can consider for next year you do
widely advertised this because I think it's a it's a it's a it's a minefield and as you know from my limited understanding a lot of confusion out there people don't know they're talking about many of the allowed bodies also really do not operate in Nigeria correctly.
The first thing is
well actually no, but
let me correct you on this correct you on this there is a maximum when it comes to meet the regional status hierarchies can be proven Yeah.
Okay, yeah, yes. Yeah. Yeah, yeah, I agree with you there.
Okay, just to show people know just so people know when I say the nation state of things if permissibility there is another Maxim that says when it comes to meet the original state of meat is haram and this can be proven to be Hello
Okay, it's very important issue so inshallah maybe the standard
The problem with that is there are so many differences of opinion
understand all the different opinions
on any points
on the on the five Maxim's or the
five main axes, okay, what is that?
Yes. Absolutely. And that and even this time?
Okay, what he says
right here, this is no, these are not the five. These are not the five. These are just some examples I gave for you. This is not the five, not the big five. No, the big five beginning next year. But just just to clear that will be lucky.
Practice will be just for this purposes.
The second one is
okay, I'll do it for you. The first one is Jackie now, the first one is the number two is
to be shot conviction cannot be overruled by doubt. Number three is a thorough user must be eliminated. Number four is all Masako touchy with the scene necessity makes the Haram halaal. Number five is
that local culture is the deciding factor. Don't worry. I'm gonna teach this university and memorize it.
Okay, so what brahmam was talking about are called the Big Five. The Big Five these are the big nodosa African animals, the maxims of fish. So basically all four must haves and even the selfies in every other school bossa nova all agree upon five Maxim's of thinking. And those five are number one, actions are judged by the intentions. All the Muslims agree. Your actions are judged by your intention of how they apply differs. Number two conviction cannot be overruled by doubt.
What does this mean? You remember making we do you can't remember whether you broke your window or not. Let's consider that you still have to because you convinced that you made what do you doubtful about the other thing you go what you are convinced about. Again, there's a hole. In fact, the original state of things being permissibility is a sub Maxim of that you convinced the things that originally halaal doubts about whether or not it stays valid until proven otherwise. The third one must be eliminated all the Mahabharata on that all of them alive in fact, that's on the maqasid from the gold judiciary. The second goal of the Sharia is the elimination of harm. The first one is the
attainment of benefit. The fourth Maxim is Masha kotagiri, put a seal, which means difficulty causes the law to relax. Difficulty causes the law to relax, meaning for example, you can't stand and pray. You sit and pray. Right? You can't make what do you make the yamo? Right, you're traveling, you shorten your Salah, none of these are life and death situations. It's simply difficulty. Difficulty makes the go easier. All the must haves agree upon this. And finally, all the mud hubs agree on either mahkamah local culture is the deciding factor. All the must haves agree on this. And in fact, the Hanafi madhhab is specifically it specifically emphasizes this or plays a bigger role in the
demise of any other method that you follow the local culture, not foreign cultures. And that's why I'm so confused as how the Hanafi madhhab is practicing this country, really, because that's really one of the most important parts of antibiotic, you adapt to the local culture. And honestly, I think this is one of the biggest values to Tao, no country, there needed to be trying to enforce our indianized Islam upon every other culture. So just letting people be little Latino people convert to Islam and just stick with their cultures. Why do you have to try and get them to eat Giuliani and we are coders and CG ABA and you stick with us. So we will discuss that next week. But yeah, what do
you want me to do the call the Big Five? Right? Why do
the five major Maxim's and those five, all the Muslims agree upon them. And really they say, most effect can be derived from those five. Most of fick can be derived from those five Max and I say I teach them quite at the online university. So it's, it's one of my favorite subjects. It's absolutely beautiful to study and show an extra we'll go into that in more details. What I mentioned, you simply find examples of maximum not the big five. Not to be confused with that. Okay. Any more questions?
Jesus, because Oh, they don't?
Oh, here's the thing. I graduated from the gyro loom in 2006. I only heard about the COVID in 2011, or 12. Same with the mocassin.
Literally, and Ollie provided before I even heard about these concepts. They don't they don't even know we didn't it doesn't exist in the curriculum. I literally never heard these terms ago, five years after I graduated until the boo, boo boo can show on us books. And I'm like, What is this? This is Vic, this is beautiful. wine. We learned this before. That's a major problem. So for example,
in other countries, they do teach it.
I think it's taught in Indonesia, it's taught in Saudi Arabia, starting Egypt, starting online universities outside the room don't teach at all. He only mentioned these words, because nobody really knows the VHDL approach. So there's no need for quiet no need for mocassin.
Surely you mentioned quite a bit. I guarantee you a lot of alumni never even heard of the term.
Never Never use
They don't teach anything is. I mean, for example, one of the greatest books of mikaze to Sharia is the Chateau de balika by Charles EULA, and he was one of the greatest hanafuda right and he and he discussed that in that book. He just so brilliantly discusses the mocassin acquired the importance of driving he had.
If he just could teach that book in our rooms, he would produce a whole different caliber for them. Just that one book alone. It's absolutely mind blowing. So yeah, that that is a major, major problem we have in this community that you don't even know the subject exists.
students Okay, the audience face of that.
Three, three of 22 Okay, and four are coming out with
off this mystery is okay.
understanding what's going on okay.
Good. So we are almost is coming from?
Do we have the new generation of movies?
Okay, so just in the past five years have they actually been any local movie graduates new movies popping up in the block?
If you look at the use of vaccines is an example, in the effects on
more than any of us, we all seem that because of the existence of certain knowledge of vaccines, for example, and those who follow them, actually seeing people having to go to ICU and the effects on all the other children
because of the resistance to vaccine, first of all is based on on pokin whatever you come in to get the example of health insurance. Yeah.
But what do you what is the basis for the photo? If you don't know what you need? or whatever?
Okay, you will not ever be spot one conspiracy theories, let's pick 101
is that it has Jesus, okay?
Now this we need to discuss, again, this needs to be discussed.
But really, you need to do to actually have Olimar sit down with doctors and discuss because I'll tell you honestly, when I graduated, I was of debt as well, because that's what my teachers taught me. And they're how they view for 10 years after I graduated, until I actually sat down with doctors and they explained to me how the whole thing works that well, I made a major mistake.
And then only I changed my view. So doctors have to sit down with a guy because honestly what we were taught, we were taught this whole conspiracy theory as facts. And we were taught that you know, it's haram and that you know, this doubt you cannot use it because it's out and we are taught all these things about the book and people who are taught that no one's teaching them the other side of the story. So I think we have to have an honest mature discussion where our our, you know, what, your what's your medical body call you? Yeah, do you need to sit down with all ama and have an honest discussion? And what happens?
Do you have
Okay, so then because
conspiracy theorists have the balls. Yeah.
Okay, that has become an issue.
Regarding this, I don't want
to just said how can you allow this sort of
governing body says that he was
in an accident? Yeah, I looked
at one of the schools
demanding that the children are vaccinated.
According to his I mean, this is a practical example. Last week, I went to discuss the issue three of our patients who basically
tried to debriefing Ramos Well, the one good point that you mentioned to me was that the majority of them I have changed a few so there's hope there and there's hope within the next five or 10 years that others will get on board with him as well. Maybe the other Deacon professor, but again, is really a lot of misinformation. But I know I myself was in that camp for a long time because I was feeding misinformation I hadn't heard the other side and I had the wrong view on there for a long long time. Right. But as I change my view, as change the view as many other things too many more can change your view as well with with discussion and information inshallah. Okay.
We actually have more time so any more questions we can.
Sorry, I can't really transform the body.
Generally, for life season circumstances, anything is allowed almost. Again, this is a case by case you can't really give a fatwa and you have to be case by case and receive it we need we also need to see something else we actually need. We need all amarka doctors. We need that we need someone who does or who's who studies medicine, and also does a Bachelor's in Islamic Studies. We need people like that to come
With the people on these issues because they have to you know, generally for someone to make HDR in an area, they need to understand carbide mocassin or su but they also need to understand that area. So a problem our community is how many doctors out with a mind is community? Zero?
How many very few not enough? Not enough, right we need people like that because they are the only ones who can give us the best of it. I'm not really qualified to get the best opinion that because I'm not a doctor. I if I get sued a doctor I can bring the cost and he can bring the medical side and then we can come by on a case by case basis. Hi, so this is why we need doctors if we actually should have doctors what was ama try the entire manual on this we should have a standardized manual on this Islamic medical practices for all doctors to follow. But again, this is work that needs to be done. This is more than the HDR How can we go to the HDR people don't want to die?
Because what's going to happen? So yeah, that's my best answer that ladies I know questions.
Everyone's quite insane. Okay, and
so what happens in the case of traveling
we still have difficulty traveling Have you ever traveled?
Have you ever been stuck in an airport or sitting in a queue for 10 hours or having visa problems or having a great delete
canceled is you have some foreign guy screaming at you in another language you understand you know what he's angry about?
really the issue of traveling this dilemma of the past considered the reduction of salon traveling as a gift from Allah and you see you do not reject a lot of gifts. It's a gift from Allah so where did the travel is harder not Allah gave you a gift jump on it, enjoy it. Don't make like that one of the laws of fit is you don't unnecessarily make things difficult on yourself. Allow me something easy, you jump on the knees and you go with it. You don't try and find excuses to make it hard again. Right. So whether your journey is easy or hard you stick with it. Okay, so whether we will conclude next week inshallah we will discuss all citizens of Iran Salam aleikum wa rahmatullah wa
Last I released
how many of the pretty journals
and we said all of
a set of slides, we told her to download another website and it's all available.