Ismail Kamdar – Revision Session – Usul Al-Fiqh, Maqasid Al-Shariah, Qawa’id al-Fiqhiyyah

Ismail Kamdar
AI: Summary © The hosts of Islam intensive training emphasize the importance of growth and tolerance in avoiding confusion and avoiding cultural norms. They stress the need for continuous improvement in learning strategies, protecting people's lives and their lineage of their identity, and educating young people on the topic of the Sharia. The speakers emphasize the importance of learning from the past and practicing hard to achieve goals, and the need for continuous improvement in learning strategies through mistakes and mistakes in learning and development.
AI: Transcript ©
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Salam alaykum warahmatullahi wabarakatuh

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Alhamdulillah wa salatu salam ala rasulillah. We begin by praising Allah and asking Allah to send his 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. Welcome to this week's session for Islamic intensive brought to you by Islamic self help Beatle hikma and Islamic forum South Africa. This week's session is going to be a revision session in which we are going to recap everything that was covered over the past five months. So we began this program in October 2019. And over the course of October, November and December, we covered the student. And then in January and

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February we covered the cost of the Sharia. And in February through March, we covered the avoidable fear. So what we are going to do in this session is we are going to recap all three of these topics we are going to recap the usual fake democracy to share your Andy COVID with Pikia to make sure that it's all clear, everybody understands what each of these concepts are, everybody understands the details of these different topics. And we're able to take this knowledge and apply it in the future. Remember, that this course is not a advanced course it's not a course meant to make you into metalheads it's simply an introductory level course set you understand these topics you are familiar

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with these terms and with these are methods of fic and that you can use them in day to day things which don't really require HD hard, but which you which require, you know daily decision making, or at least you can use it to help you when dealing with different Olimar and choosing between the opinions you can choose the one whose opinion is more in line with the proper or pseudo technical area and a vital Katia. So to begin

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these three courses that we covered over the past six months. They cover three different approaches or methods of deriving fake rulings. Now what is fake fake is simply our understanding of the Sharia. How do human beings or llama Muslims, how do they understand and implement the Sharia? The word fic means correct understanding. We find that Rasulullah sallallahu alayhi wa sallam himself used this word in the in the verb form in the Hadees narrated by muawiya even Abby Sophia and Raja who called Rasulullah sallallahu alayhi wa sallam he really loves to be heard on your fucking goofy Dean, Robo corny. While Yeah, even Abby Sophia underrated that the Prophet sallallahu alayhi wa

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sallam said, Whoever Allah intense Good for you, fuck he who he gives him the correct understanding of the religion. And so your the word fifth is used in its verb form. So the word fake actually means the correct understanding. And its meaning as an Islamic as a shell a concept is a scholars understanding of the Sharia. So the Sharia is of laws law, right the Quran, the sooner This is the Sharia. And fifth is how the olema understand or apply the Sharia. And we said because of this fic is subject to differences of opinion. Because different Allah will understand the Sharia in different ways. They have different methodologies, they have different minds, they have different

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cultures, they have different approaches towards the Quran and Sunnah. And so all of this becomes differences of opinion. So differences of opinion in fake, this is natural. This is normal. This is something that's not going to go away. It's something we have to get used to. It's something we need to grow to tolerate. It's something that we have to accept as a norm. And even it's a blessing from Allah subhanho wa Taala really the fact that we have differences of opinion, and that he has not made the Sharia too rigid. This is really a blessing from Allah subhanho wa Taala.

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We trace back the different approaches to fake all the way to the time of the Sahaba we find that Saudi Sahaba took a more literalist approach to what's fake. The classical example of this is Abdullah ibn Ahmad arogya. Lau and who decorates the hobby the son of Omar

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Abdullah bin Omar had a very literal approach to pick wherever the Quran or the Hadith he said he followed exactly word for word. On the other side, we had Sahaba, who looked at what did the Prophet salallahu alaihe salam mean? What was the context what was the reason for stating this offer doing this? From this we even have Abdullah as a father Omar ignore hottub so there are many times with the opinion or ruling of Omar revenue hotdog wins with against what the Hadees

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Said against what the Quran said, because he understood the Quran or Hadith in a different way. He looked at the goals of the of the Sharia. He looked at what did Allah mean? What's the context that is applying this context or not. So he took a much more a nuanced approach towards fichte. And he sanded. And so from the time of the Sahaba, we see two different approaches towards those who just follow the Quran and Sunnah literally, and those who try to look at the wise and over time these developed into different mouth hubs. So, the earliest Muslims you can see where the original Hadees and the Hello Roy, are these terms, they did not exist in the time of the Sahaba even though these

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approaches did the terms actually came about in the time of the second generation of Muslims that are be in and from there, more mud hubs evolved. So from the Heidi's approach, many different methods came about the most extreme of them was the door Hurry, approach, right the literalist approach. So doubt as all he even has a motto here today took a very literal approach to following the Quran and Sunnah to the extent that the even denied chaos is a source of

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less than that. Also from the 100 Heidi's approach, we have the humbly and the Shafi methodologies, which is a very Quran and Sunnah centered approach towards right. On the other side, we had those must have the remote ROI in the approach, the marquee must have is kind of like in the middle, it's like a mixture of aha decent ROI. The real ROI approaches towards fear could be the Hanafi NZD metopes. The hanapepe and this ad must have spoke tend to rely a lot more on chaos and maqasid. And on generally the understanding of the scholars, and so we find that there were others as well. There was the rosai approach to pick teacher really approach the Lacey approach, given many many meetups.

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Today, about five or six of them remain. So we have the canopies that make up the majority of the oma followed by the Sharpies, the second largest group, then the Maliki's, the third largest group, and then we have minor mishaps with like maybe one or 2% of the more follow like the humbly and dizzy the must haves and er India, you will find one or two followers of the door theory approach as well. So these are the approaches that remain amongst us, we can see it is about three major math hubs and two or three minor mass hubs that still exist today.

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We also learned that fic as a concept, it's meant to be flexible, and it's meant to be applicable to every time in place. So the way that Allah subhanho wa Taala revealed the Sharia was that it's meant to be universal, it's meant to be such that the major laws are applicable in every time and place. And the minor laws are adjustable to every time in place. So there's a lot of flexibility when it comes to work. And this is where many people

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you know, have a misunderstanding people who are either caught up in a specific group, or who are new to seeking knowledge, or new to Islam, many of them tend to have a very rigid upload approach to work. They learn the opinion of the teacher, and they assume that that opinion applies to everybody in the world in every circumstances and that's the only opinion and then they try and force it upon the entire oma, this is completely wrong. This is not what Islam teaches this is rather the opposite of my this is now a form of his bi form of

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you know giving undue allegiance to a scholar and lead raising a scholar status above what he needs to be rather follow this does your scholars follow the opinions of your own ama, but do not raise them above the level Do not try and force the opinions upon the entire ummah.

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So what we studied over the past few months, the three different approaches that the alumni use for fear and really there's one major approach, which is a pseudo fake ID methodology or principles of tech. So we said that every must have set up its own pseudo fake its own its own approach towards fake so the 100 we must have Quran Sunnah Ah Ma PS is the son of the Maliki must have Quran Sunnah Allah Medina, each ma Diaz is this law. And again like that the hug the humble he must have the Maliki was the Sharpie mug club. That's all he really must have. They all have their own pseudo fake, but from a pseudo fake later scholars derive different ways of working out chaos and these

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different ways

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Working out chaos at the maqasid and the COVID approaches to fake. So technically, technically maqasid is sherea and COVID with Pikia adjust different ways of making chaos. They are not entirely new approaches are fake, right, they fall under OSHA will fake under chaos and sometimes under oath and, and the step son, but they are not separate methods of IQ. Rather, we can see all three work together, that when a person is working out a fake ruling, he is doing chaos using the maqasid and the wide. And so we studied these three approaches or methodologies of fit over the past six months. Let's jump into the first one the issue.

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So, pseudo fixed simply means the principles sources or methodology of pick each month hub and scholar has a set of principles that they follow for working out speaker rulings. They are those principles that are agreed upon by all the must hubs and they are those which they have differences of opinion about even in their in those areas where they agree upon the sources they are still differences of opinion in how to apply them. So the must have is you will find the default number one in what are the pseudo fake? Number two, how do we apply the assured effect? And number three, when do we apply each of the possible effects? The primary issue look fake. The mud hubs all agree

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Quran and Sunnah. These are called the revealed sources of fake every single Muslim Hanafi Shafi, Maliki humbly Valeri Zaidi, all of them take the fic primarily from the Quran and Sunnah. This is something that that's each mod is consensus upon it. Everyone takes the fig from the Quran and Sunnah. Now we did discuss that they differ over what is done. This is a big one, they differ over what is sooner. So for example,

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the practices of the people of Medina at the time of Imam Malik, he considered the practice to be sooner the other imams did not. Week Heidi's on an issue regarding which they were no authentic. Heidi's away daddy's wasn't too weak. It wasn't modu. It was just like personally hurry or paleo or if that kind of weak IDs. The humbly method accepts it as a form of surrender. The other methods do not

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had Hades Hades which have narrated from a single Sahabi most of the must have accepted this as soon as the Hanafi madhhab did not. So all of the Muslims agree that Quran and Sunnah are the primary sources of fake but the differ that how do you interpret the Quran and they differ on what actually counts as sinner?

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And we find So for example, if we look at how to interpret the Quran, with Allah Subhana Allah says in the Quran,

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whoever touches a woman and cannot find water should make the yamo each of the must haves differed over what does Allah mean by touches a woman. The Sharpie must have took this literally and in the Sharpie must have if a man touches a woman up so much as puts his hand on his wife's shoulder, or shakes her hand or hugs or his widow breaks. The humbly embolic emails have to a similar meaning but with a condition Chautauqua last. So if a man had to just hug his wife with no shock with no desire, his widow would not break. But in those months, if he had to kiss her and the chef were involved in the case, then the widow breaks. The hand of the mother took this verse, metaphorically or as denia

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as an illusion towards sexual *, that when a man and he and his wife have *, sexual *, then their hustle breaks and if they cannot find water, they should make the yamo one verse three interpretations. So the allama differed on how to interpret the Quran. It's the same with the sooner the further how to interpret the Sunnah. So when the Prophet sallallahu alayhi wa sallam said, Whoever his parents drags below the ankles, that will be in the hellfire. Some must have took this literally. Some said no, it refers to out of arrogance. Some said no, it was simply the practice of the people of that time. It doesn't apply to our time. Some say it applied only to

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solbes and not to parents and all these different interpretations come out. All of these different interpretations are following the same IDs, he just have different interpretations of the tsunami.

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And so the must have differed over what is the Sunnah and they differed on how to interpret the Quran and the Sunnah.

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Then we come to the secondary sources of all the rational sources of. So we have the revealed sources of faith and we have the rational sources of the rational sources of fake HMR. an EOS in Jamaat means the consensus something that all of the scholars have agreed upon, and chaos means deduction. Chaos means when a scholar uses his EGT hard, he uses his mind he uses his reasoning capabilities to arrive at the ruling for a new issue. So all of the major mud hubs recognize each Ma and chaos as sources of care. But they differ on what is each amount and how to implement chaos. So if we look at each map, for example,

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some of the map hubs only accepted each map of the Sahaba

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other MERS hubs accepted the edge of all of the scholars in every era.

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Some of the mud hubs considered the silence of scholars on the issue as a kind of HMRC gooty silent consensus, or they said no, they just kept the opinions to themselves. So we have a difference of opinion on what is each month. Now there are some issues where we have genuine Iijima genuine consensus of all the aroma of the early generations of the Sahaba of the debate of the Akbar dobbyn of the 40 moms. For example, the five Salah the names of the five Salah the times, for the most part of the Vive Sol is a difference of opinion of into her time ends and also Time begins. But for the most part most of the times of Salah is an Iijima the number of records for the Salah how much we

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need to pay for zeca that fasting the month of Ramadan is compulsory. These are all issues of each month. But then there are issues where people claim Iijima, but there isn't really each month. So for example, the prohibition of music. There are some people who say that isn't each man this but clearly clearly anyone, anyone who honestly studies across all the different opinions throughout history, we know that there is difference of opinion on that issue. Same Some people claim that is each ma on you know growing a beard. Again, anyone who studied fic will know there is no HMR yet is a majority opinion and a minority opinion, but majority is not each bar. So because there's a

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difference of opinion on what constitutes each ma you will find that on many issues there are some people who claim each month and other people who say Hold on, there is no each mile.

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Now as

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chaos is a lot more complicated and whatever we study under maqasid and COVID a different methods of chaos. So chaos is fast. It is so so vast that practically not just every mother but even within a must have almost every scholar has their own method of chaos.

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You will find for example in the Hanafi madhhab that Imam Abu hanifa Imam Mohamed Hasina Shivani Abu Yusuf Imam ziffer imata, Javi shaohua Lila, all these different Hanafi scholars from different generations implementing different methods of chaos to arrive at different conclusions on similar issues. So what is chaos? chaos simply means when an issue is new, when an issue is such that the Quran and Sunnah does not address it directly, the Olimar have to figure out its ruling is it mcru is it Haram is it halaal is it sooner Is it wajib? What is it to do this they have to make the US How do you make a us many many ways we will come to this when you come to the collider IKEA.

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Essentially we can say that later generation scholars to make chaos easier. They came up with the concept of collide with IKEA collide with akia give us some clear simple principles taken from Quran It's enough making chaos. And that made chaos much easier for lead generation scholars of the early generation scholars it really was a matter of each scholar just doing it on their own. Without much clarity of what the actual principles were they just call it chaos. But again, it wasn't formulated or written out in as much details as it was with the later generations. Finally, we come to the controversial sources of tech. So there are some issues which the mud hubs have differences of

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opinion about. Now the four main must have the Hanafi Maliki Sharpie humbly must have they all agree that can answer now each mine Ts are sources of

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only desert here You must have rejects chaos as a source of tech but even there even there, technically anyone who read his or her e book copy Can I myself have read the mahalo even hasm it's very clear that they make trc just call it something else right. So it's it's

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disagreeing with the terminology not to the concept. That's That's my understanding of it. they disagreed with calling it chaos. But it's impossible not to do chaos. It's impossible. It's something that they are they just has to do. I mean, how do you figure out a ruling on internet or cigarettes or drugs or, you know, modern transportation, or any of these new issues without chaos, it's just not possible. So even the chaos existed just call it something else.

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But there are some principles of fair career the order might have a genuine difference of opinion

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on whether this can be categorized as a source of a corner. So for example, or Now technically, all four of the main mud hubs agree that local culture is a source of pick.

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However, the Hanafi and Maliki mas hubs categorize it as a separate source on chaos. So they had chaos, and separately, they had all and these would be regarded as two separate ways of working on fake rulings. The Sharpie and humbly mazahub did not have earth as a separate source of fake. However, under the principles of chaos, they do have an added hakama local culture is the deciding factor. So technically, technically, oath can be found in all four of the main mud hubs, even if you don't call it or

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is this law and is the sun, again, very similar.

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The Maliki must have have a concept called Islam, to look at public benefits to look at what is best for society and to come up with rulings accordingly. And the humbly and Hanafi madhhab have the concept of his dead son, which is to override chaos based on democracy to show you how to override the US based on the goals of the Sharia. The how the Sharpie must have technically did not accept is this law or is there sun as sources of fake for the first few centuries. However, nudo Emma scharping himself did not accept his dislike is the sun as sources of fake later generation Hanafi or Shafi scholars had no choice but to do so. Because as time went on, these things became

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necessary. Right as time went on, and life got more complicated and peak got more complicated, it became necessary to look at them across it to look at muscle heart and look at these concepts when deriving rulings. So even though Mr. Shafi himself did not like these sources of fake, later generations, Sharpies began to use these sources.

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So, you will find in the in the result of Mr. Shafi very strong statements against this, this law is their son, but then you will find in later Later Sharpie pick books by Al ghazali. We're at Now are we and by the many later fixed scholars that the Sharpie must have that they did engage in this dislike they did engage in this their son, they considered this to be a matter of Mr. Sharpie disagreeing with the names disagreeing with the labels, but he still did these things as chaos right. So what we really find is

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the four mile hubs this agreed on categorizing these as separate sources of

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the district disagreed on categorizing all four is this law or is the Assign as separate sources of fact,

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they did not disagree on using these things as a type of chaos.

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So the scholars differed on whether culture and public welfare and overriding chaos based on costs it can be categorized as the fifth, sixth and seventh categories of the solar. However, technically, all of the must haves did all three of these things. They just call it the US as the end of the day they all engaged in all of these methods have their pages had different names. Great. So that used to look fake and we spent the first six weeks of this course studying that after that, we moved on to the concept of maqasid or Sharia

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Okay, so moving on from there.

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Sorry, I just need a minute to recover my pet. I think I didn't hold a significant one pet

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smilla. So makushita Sharia

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na casa de Sharia is one of my favorite subjects, the goals of the Sharia. Now, compared to Sunil fick and COVID with the kiya Mikasa the Sharia is a much more philosophical or theoretical approach.

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It focuses less on how to derive the laws and more understanding why the laws exist. And essentially what maqasid is Sharia is, it is the idea that Al Hakim, the most wise, Allah subhanho wa Taala revealed a Sharia

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full of wisdom, it is up to us to try and figure out what those wisdoms are. And then to use those wisdoms to derive rulings for new issues. So

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this is a method of chaos, right? This is a method of chaos, where the old ama will look at the ruling that already exists in the Sharia. Look at the wisdom behind that ruling. And then they will take that wisdom and base a new ruling on it. Right. So, let me give you an example of something is happening today where the old Mr. deters

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the Prophet sallallahu alayhi wa sallam, he allowed Mr. Eben Yasser, to say words of Cofer to save his life. You know, Abu Jamal was torturing him, as long as he did not believe it in his heart.

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From this incident, the automa of maqasid Sharia derived the principle that the preservation of human life takes precedence over the obligations of Islam. Meaning, when life is threatened, the obligations fall away to save life. Based on this goal of the Sharia, scholars today have made chaos and said that in our current situation, the pandemic that we're dealing with at the moment, the obligation of praying Salah in JAMA, the obligation of praying Juma in Jamal falls away, and people should pray at home to preserve their lives. So the incident is something completely unrelated. But the goal of the Sharia extracted from it can be used to derive rulings for what we are going through

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today. Now, there are other ways to arrive at the same conclusion as well, we will come to that in the next slide, when we revise the vital 15. But I just wanted to keep that as a way of example, to show you how the Obama will look at various incidents in our history, the right a Marxist or a goal of Sharia from it and in use that goal to come up with rulings for new issues.

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So, we said that the old Mr. mocassin Sharia they stated that the primary goal of the Sharia is the attainment of benefit and the removal of harm. So the great 20th century scholar of the Maliki Muslim even assured he in his book on qasida Sharia he has an entire chapter or two on this called the attainment of benefit and the removal of harm. And in Arabic, the two maqasid terms are used over here is Musleh and mazzara. Musleh is benefit Masada is Han. So when we llama approach for the maqasid perspective, the way the Messiah and the offseason meaning when they are trying to figure out should we or shouldn't we, they make a list of how we have a list of pros and cons. They have a

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list of Muslim heart and masala and if the mouth sada is more than a Muslim, they say we don't. If the Muslim heart is more than a Masada they say we do. So for example, in our current situations, although my looked Okay, praying Salah in congregation, these are the Muslim are the benefits of it. But with the pandemic going on, these are the Masada of it. So which is more, more doesn't just mean quantity, but in terms of its severity as well. So the threat to life the potential of actual harm coming upon elderly people and actual debt coming to elderly people. This is a very strong mob saga. That overrides almost any muscle ha, that we could have arrived that from playing slot in Jamal and

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so based on that, they say that the removal of harm. And by the way, they see the principle of victory come to in collide with IKEA, we see that the removal of harm takes precedence over the attainment of benefit. So here we have genuine harm.

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Elderly people are getting sick and dying. And so are people who have chronic illnesses and people who have weak immune systems. This is genuine harm. This genuine harm overrides any of the muscle heart that could come from our congregation acts of worship. And so while this genuine harm is around, the benefits of worship, are not in congregation are not on the same level. And the goals of worship can still be achieved by playing on our own at home, or praying in small Jamaat at home with just our family. And so therefore,

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for the removal of harm, the mustards are closed, why this pandemic goes on. And so this entire situation that we are witnessing, can be derived from democracy, the Sharia.

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Moving on from there, the next thing that we discussed over the next three weeks, was that the benefits of the Muslim the Olimar data divided this into three types of benefits. The Riyadh Hajj, er and Tasini necessities, needs and luxuries, and the further divided in Israel

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Cities into five, fate, life, wealth, lineage and intellect are what the amount of maqasid say is that there are five things that are needed to live a happy life in this world. And they are different levels for these five things. At the very basic level people need to preserve their fate, preserve the lives and health, have money and property, preserve the lineages and family and honor have the ability to decide between good and evil have some level of intellect. And then these divided into different levels, right, the high gr the SR and and what we spoke about the durood Yeah, but they are all at different levels. So for example, when you look at fate, the basic level

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of preservation of faith is to pray five times a day, right. But what is needed for that will do also the hora de de hajia Ds are needed to pray five times a day. What is that sr, when it comes to faith sr, when it comes to faith is to reach a level of a son to worship Allah as if you can see him. And if you can't see him to know that he sees you. So these are different levels of faith. The role of the odema and an Islamic government is to preserve for the average Muslim, the basic level of all five of these things, and then is the individual duty to work their way up to the higher levels, meaning the orlimar have to encourage people to pray five times a day, the olema have to

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step in. If people are going astray, you have to warn people against

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the government can enforce certain rulings of the Sharia. However,

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it's not the job of the Ummah, to ensure that the entire society is at the level of the senior. Rather, it's part of each individual's spiritual journey to work their way up to that level. Now the same applies to junior as well to this world as well. So life,

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the basic level of preservation of life, he says our Sharia prohibits us from hurting people and killing people

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higher than that people need who do it punishments to keep these these laws in check. higher than that, people need a good quality life. People need a good quality life that becomes a senior wealth is the same people have the right to own money and property that is the rule the art hajia people have the right to work to run a business to have a job so that they can help out in property that senior people have the right to get wealthy people have the right to own luxuries, people have the right to live a comfortable life. Right. So this now the senior level, the same with family.

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At the basic do react level, people have the right of knowing who their parents are, and of being born through a legitimate birth to marriage. So therefore, haggard marriage is is part of our religion, see now is prohibited. The senior having a happy family having a loving family having a good home. Right? At the very basic level, it is the job of the government and the olema, to make sure that people know their families, people have a legitimate lineage, people are not having children out of marriage. But to have the happy home to have a loving home. That's not the job of the older mother. It's not the job of the government, that's every individual's job to try and reach

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a level of senior not everyone's going to get there. But it is possible for everyone to get to the level where we have a society where the lineage is preserved and honor with that intellect. The basic level of intellect is that people should know right from wrong and be able to make decisions for themselves. Right. So this is why our religion prohibits drugs and alcohol.

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But higher than that a senior is for people to be intellectual people to to accelerate knowledge people to seek knowledge from the cradle to the grave people to spend their life studying the religion. Again, this is not expected of everybody. This is not expected of everybody. what is expected of everybody is the very basic level, which is that you use your mind and your free will to choose between good and evil, and you do not purposely purposely corrupt your own intellect. Now if a lot take someone's intellect away by giving them a mental illness is a test from Allah. And the person is not responsible for what they do during that state. However, for a person to purposely

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take away their own intellect, through drugs, to alcohol, or to anything similar to that this is a major sin. And this is compromising one of the five to react.

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So we say that every law of the Sharia aims to fulfill these goals. And the goals are actually more important than the laws themselves. So

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praying five

00:35:00 --> 00:35:09

times a day is for preservation of faith. Fasting the month of Ramadan is for preservation of phage. prohibition of murder prohibition of hurting people is for preservation of life.

00:35:11 --> 00:35:24

The allowance to own money and property, the permission to do business, the prohibition of rebar prohibition of gambling, prohibition of stealing, call of these fall under preservation of wealth,

00:35:26 --> 00:35:31

the prohibition of Xena, the institution of marriage, the prohibition of homosexuality,

00:35:34 --> 00:35:35


00:35:37 --> 00:35:48

rights of the husband and wife and children and parents, all of this falls under preservation of family preservation of lineage preservation of honor. These are the three different views of the my head of what that is called.

00:35:49 --> 00:36:30

The prohibition of alcohol and drugs is formed under the preservation of intellect, every law of the Sharia can be placed into one of these five categories. The point is, as Muslims, we need to be conscious of this in everything we do in our lives, every aspect of our lives we have to look at, is it contributing towards these five things? Am I preserving my faith, my life, my wealth, my lineage and my intellect? Are my corrupting one of these five things, not just mine, but other people's as well? Am I preserving my wealth at the cost of somebody else's life or intellectual health? Am I preserving my wealth at the cost of somebody else's street, and the levels amongst us as well

00:36:30 --> 00:36:51

preservation of fate, being at the highest level, so a person who go to Jihad where lives are lost, to preserve the fate, preservation of life at the second level, and by the way, there's a difference of opinion between which of these two is first, right. So preservation of life takes precedence over everything else, you cannot take someone's life, you know, to draw to,

00:36:53 --> 00:37:07

you know, for for any reason, except for the Sharia justified reason. So, for example, the death penalty for murder and things like that. The preservation of wealth is also very strong in our religion, each of these things has their place, and each of these five are important.

00:37:08 --> 00:37:35

as Muslims, it's very important that we don't just know them across it and use them in fake but that we love them across it, that we live our life conscious of these things, every decision that we make, we look at is the Muslim highness. Is their mcsa in this, am I contributing towards the reality hace yatseniuk? Am I taking away from this for anyone? So for example,

00:37:36 --> 00:37:37

a true believer

00:37:38 --> 00:37:50

will not for example, do something evil. Some people may consider this minor but I truly believe someone who understands the concept of Sharia will not smoke cigarettes. Why? preservation of life,

00:37:51 --> 00:37:59

preservation of life if you understand preservation of life, you will not put into your body things that compromise the quality of your life.

00:38:00 --> 00:38:22

A person who understands the mikaze to Sharia will not mistreat or underpaid employees. Why? Because he or she understands preservation of wealth, preservation of life preservation of honor. And they run their businesses accordingly. A person who understands the mikaze to Sharia will avoid you now.

00:38:23 --> 00:39:05

You know, if you want to help young people avoid sinner, don't just tell them Xena is haram explained to them democracy, the Sharia, explained to them the importance of honor the importance of lineage explained to them the importance of preserving your lineage of, of how having a child out of marriage or an abortion or any of these things, how it has like long consequences. It's not as a matter of the moment. These are things which cause moxa for the rest of your life. When people and youngsters truly understand the Masada that comes from Xena, and the Muslim hada comes from marriage, they will, on their own choose marriage oversee Now, the problem is that nowadays when we

00:39:05 --> 00:39:46

teach the young people we're not teaching them for a more cost maqasid approach. We are teaching them just from a do this don't do that approach. Because it helps people to understand why when people understand why they are far more likely to obey the law. And this is why I feel even though this is a very technical and theoretical science that is generally only taught and studied by the AMA. I believe in this day and age it's important that everybody at a very basic level should know and understand democracy the Sharia stick at least lived their life conscious of these ideas, and live their life making choices based on these ideas. I'm not saying make your own pick based on

00:39:46 --> 00:39:59

these ideas. That's for the old Mr to do, but your basic life choices. When you tempted to do things when you're running your business when you're running your family when you're deciding Should I get married or not. When you're looking at how you treat your children, your parents, your employees.

00:40:00 --> 00:40:08

Use all of these parts of our life, approach them from a cost perspective. And you will end up living a life of

00:40:09 --> 00:40:18

a life where you are beneficial to this woman. And you'll be able to avoid upset or causing harm to anyone. And with that, we come to the final topic of this revision session.

00:40:20 --> 00:40:24

And that is the COVID alpha, which we covered over the previous four weeks

00:40:34 --> 00:40:35

should look away due to

00:40:36 --> 00:41:28

the legal fake Maxim's This is the third approach to be developed when it comes to fake. And this is simply a clarification or evolution of chaos. Where later generation scholars, they went back to the Quran and Sunnah. And they identified trends of chaos. And he summarized them in short, simple formulas. Right? So what are provided are the short, simple formulas of chaos. The Ola memorize these formulas, and whenever a big issue comes up, they coach all of them in the head and they say, Okay, this is the one that applies. Or these are the two or three that apply, and they do their chaos accordingly. So learning the provider makes fick much easier. For the average Muslim. It makes

00:41:28 --> 00:41:38

it easier to understand why the alma mater rulings that they make. So for example, her people who don't know about mikaze to Sharia, and COVID

00:41:39 --> 00:41:44

were shocked when Allah we sing we have to close the masjid and not have Juma.

00:41:45 --> 00:42:21

But this is why I wrote the article on on machaca to digital potential difficulty causes the relaxation of the law, and how one of the types of difficulty that causes relaxation of the law is a pandemic, right, and a plague or any kind of public eviction. And this can cause relaxation of these laws. Now ozama know this, for at least the rear of the monitors are not just those who memorize a few books. They know this that this is one of the Maxim's of thick and so they use this Maxim and they came to these conclusions. So it's very important to know the provider here.

00:42:22 --> 00:42:35

We said that they are five COVID that all four month hubs agree upon as being the main provider of care. The majority of the rulings can be taken from these five COVID and their subsidiaries

00:42:36 --> 00:42:41

These are called the provider Cobra Hamza the five major Maxim's of

00:42:42 --> 00:43:27

all four mud hubs agree on these five Maxim's but again, they differ on how to apply them, when to apply them. And what are the subsidiary Maxim's subsidiary means the maximum that stemmed from them. So these five Maxim's are number one, I'll move through B Mako CD ha her actions are judged by the intentions. Number two, a Yaki nula yoruba shuck conviction cannot be overcome by doubt. Number three a doddle user harm must be nominated number four, either hakama local culture is the deciding factor and number five are machaca potentially put a seal difficulty causes relaxation of the law.

00:43:29 --> 00:44:13

He went into details we discussed each of these five Maxim's we discussed the subsidiary Maxim that stemmed out from them and then we discuss some general Maxim's that are separate from them. And we look at how each of these help us to come up with fake rulings. So the first one mourou democracy the HA is taken from the Heidi's the opening Heidi's of Santiago hari anomalisa. hotdog rhodiola, who called Kala Rasulullah sallallahu alayhi wa sallam in number comma Lavinia, Amerigo hottub rajala, who narrates the Prophet Muhammad sallallahu alayhi wa sallam said, deed every action is judged by its intention. Right? This Hadees the omrf said one third of fick is taken from it. So,

00:44:14 --> 00:44:29

actions are judged by intentions, this is a maximal pick can be applied to almost any area of work. We looked at many examples of this, when a person stands up to pray for Raka of Salah at around 1pm.

00:44:30 --> 00:44:38

Those four records can either be the first one of the her or the fourth part of her. The only difference between the two is intention.

00:44:40 --> 00:44:57

A person could give someone $100 that $100 could be Zakah. It could be solokha. It could be a gift. It could even be a bribe. The only difference between these four, again, is the intention

00:44:58 --> 00:44:59

a person could be

00:45:01 --> 00:45:26

In court for killing someone, the decision of the judge on whether the person is to be executed or to pay the blood money depends primarily on his intention. Was it a premeditated murder or manslaughter. If it was a premeditated murder and the family wants execution, the man will be executed. If it was manslaughter, if it was an accident, then they pay the blood money instead.

00:45:27 --> 00:45:31

So, in almost every area

00:45:32 --> 00:45:37

of fake, you will find that intentions play a role.

00:45:38 --> 00:45:39

intentions play a role

00:45:41 --> 00:45:59

in almost anything you can think about. If someone prays, or someone decides to fast on a Monday, that fast could be the synopsis of a Monday, it could be a coda fast because they must have asked in Ramadan, it could be a fast to make up for the old it can be any of these things depending on the intention.

00:46:00 --> 00:46:50

So intentions differ between one good deed and another intentions can separate a good deed from a sin intentions can differentiate between a major sin and a minuses. Right. So many, many things depend on intentions. And so therefore, this is the number one maximum, that we look at intentions. Number two, early akinola you do to be shocked. This Maxim means that there is an established norm in the Sharia, and that established norm can only be overridden by clear evidence. So from this, we learned, for example, that things are halaal until proven Hara aslo feel a shy Alibaba, the original stake of anything is permissibility. Right? So when someone tells you something is wrong, the

00:46:50 --> 00:47:18

evidence must come upon them. Because we have conviction that everything is hollow until proven wrong, that person is doubtful that the thing is wrong. To reach a level of conviction that it is wrong, we need clear evidence. People are innocent until proven guilty, because we are convinced that human beings by their nature innocent guilt can only be established to clear evidence and this is why our Sharia is so strict about evidences, when it comes to the hoothoot penalties.

00:47:19 --> 00:47:25

Likewise, they have practical applications of this Maxim. If a person remembers

00:47:26 --> 00:48:02

getting into a state of Voodoo, but they do not remember whether they broke that rule to do or not, they will be considered in a state of Voodoo, because they are convinced that they made voodoo doll for where they broke, the opposite is also true, a person remembers going to the toilet, but they cannot remember whether they made will do after that or not. So, in this case, they will be in a state of impurity and will need to make will do why because they are convinced that they probe to do but they are doubtful about whether they made will do or not. So, they are very practical application for this Maxim, a person is praying salah and they can't remember if they are in the

00:48:02 --> 00:48:38

third or fourth Raka they will treat it as the third Raka Why? Because again, they are convinced that they pray to Raka doubtful about the third one. So they will stick with what they are convinced about. So eliakim EULA is going to be shocked is a very important maximum of fake which essentially means what is established, the ruling will be based upon that. And we will not base rulings upon doubt or conjecture or hearsay or this person said what that person said or I think my opinion is no, we will base will only override that norm based on a clear evidence.

00:48:39 --> 00:48:46

Number three a dalu user harm must be eliminated.

00:48:47 --> 00:49:41

This is the maxim taken from the goals of the Sharia that the removal of Masada takes precedence over the attainment of Muslim. So in mikaze, the Sharia we call harm Mufson. In COVID 250 we call her Dora the essentially the same concept and Dora the word is taken from the Hadees. In fact, in some of the books of COVID this is not just a Garuda, but it is listed as La da da da da da da, which is the verbatim words of the Hadees which is maximum is taken from cada Rasulullah sallallahu alayhi wa sallam, La da da, da da da, da da these different ways of translating this and interpreting it essentially means to not cause harm or be a cause of harm. I do not cause harm

00:49:41 --> 00:49:59

directly or be a cause of harm indirectly. And so the this Hadees establishes that a believer does not intentionally cause harm in any way. There are many other evidences for this as Muslim man salema Muslim Muna mean

00:50:00 --> 00:50:24

discerning whether the Colorado law IE sallallahu alayhi wa sallam the Prophet sallallahu Sallam said, a Muslim is one who people and believers feel safe from his tongue enhance, meaning he does not harm people. So, the removal of harm, we said this Maxim primarily it governs the fate of Haram. Why are things haram because they are harmful. So, from this we can derive

00:50:25 --> 00:51:07

that smoking cigarettes is prohibited because it is harmful cause cancer, taking drugs is prohibited because it is harmful. * is prohibited because it is harmful. Yes, all of these things are new. None of these things are mentioned explicitly in the Quran or in the sooner but we make a us and we derived the prohibition from the maxim of law, we must remove harm. Likewise, it is my opinion, that living a unhealthy lifestyle in a way that you become obese and sick, because you chose to live that lifestyle is a sin. It is a sin because you are purposely harming your body.

00:51:08 --> 00:51:48

And to purposely harm your own body is a sin. So a lot of us out doesn't just apply to others, it applies to oneself, as well. We also went through some of the substance, the maximum that we said that removal of harm completely is not possible in this world. And so we learned from the head that harm must be eliminated to the degree possible, meaning as far as possible, we try to remove harm, understanding, it's not possible to remove all harm from this world, somewhere down the line, someone's going to get hurt. That's just the way the dunya is. And we sit in such situations the Sharia teaches us one of the subsidiary Maxim's of this is that you choose the lesser of two harms,

00:51:48 --> 00:51:51

you choose the lesser of two evils. So,

00:51:52 --> 00:51:56

when a person is stuck in a situation, do I must Juma

00:51:57 --> 00:52:06

harming that or do I go to drama potentially make somebody sick and die is harming that you choose the lesser of two harms, you stay at home and resort

00:52:07 --> 00:52:45

just to be safe. So sometimes there is no easy way out. Either way, there's some harm, there's the spiritual harm of not going for tomorrow. And then there's the physical and potential legal harm of people being exposed to the pandemic that we are going through. And so in this case, the lesser of two harms is chosen. There are many many examples of this to our Sharpie. jihad is an example of choosing the lesser of two harms. the death penalty is the example of choosing the lesser of two harms divorce is an example of choosing the lesser of two harms all of these examples, the Sharia acknowledges that a certain practice has some harm in it, but it is the lesser of two problems.

00:52:46 --> 00:52:48

Number four, either

00:52:49 --> 00:53:00

local culture is the deciding factor. This Maxim which is agreed upon by all four markups essentially means that our Sharia is multicultural.

00:53:01 --> 00:53:49

Islam did not come to make the entire world Arab, it did not come to Arab besides the entire world. Rather Islam is practical in every culture, it takes the good of every culture and it removes the evil of every culture. So a Muslim in India will follow Indian culture in Muslim in South Africa will follow South African culture, a Muslim in America will follow American culture, but it will only follow the halaal aspects of their culture. That is the but they will only follow the heart aspect of their culture. So it is wrong. It is wrong in our Sharia, for a Muslim to move from Saudi Arabia to America and into Chai and aerobicized the Muslims of America or for a Muslim to move from

00:53:49 --> 00:54:03

India to South Africa, and to try and indianized the Muslims of South Africa. That is wrong. Rather, when a Muslim moves to a new culture, they must adapt to the local culture in everything that is Hala. So how they eat,

00:54:04 --> 00:54:50

how they drink the language they speak, the clothing that they wear, as long as these holla he will change how they run their businesses or the the role of the husband and wife. The rights of spouses, the rights of children, the business laws, all of these things in our Sharia are largely dependent on culture. So it could be a person may be living in Arabia, and living a certain way. And then they move to South Africa, where the culture is very different. They need to adapt to this African culture. And based on this Maxim, we clarify them. We said that one of the biggest mistakes that we as South Africans made when our forefathers moved to this country 100 years ago, he said instead of

00:54:50 --> 00:55:00

adapting to the local culture, we imported the Indian culture and we try to enforce that upon to locals. And this is why Islam did not spread in Israel.

00:55:00 --> 00:55:21

And very quickly, and this is why there is a big barrier between the older generations of Muslims in South Africa and the younger generations and the non Muslims and the converse, because instead of adapting our faith to the local culture, we still have people right to today who are trying to Indian eyes, South Africa. And that is not from the teachings of Islam.

00:55:23 --> 00:56:08

Muslims in South Africa did not need to be a quarter, he did not need to be a topi. They do not need to speak or to they do not need to eat biryani, they do not need to look like they from India or act like they from India. Rather, in all of these areas, they are halaal practices that are part of the local culture that you can adapt. Yes, you can keep both. It is not haram to follow Indian culture in South Africa. But it is against the goals of the Sharia to try and enforce it upon others. So when people now come to Africa, we have this problem that when someone who is Zulu casa, or Afrikaner they convert to Islam, and then they are forced to wear the corta, they are forced to wear

00:56:08 --> 00:56:33

the torpey, they are forced to the altar. In my view, this is sinful. In my view, this is really sinful. This is making the religion unnecessarily difficult. This is making compulsory something which Allah and His Prophet never made compulsory, sallallahu alayhi wa sallam, this is changing the religion. This is better. It's an innovation. It's it's making something a part of Islam that's not part of Islam.

00:56:34 --> 00:56:52

Our religion did not come to enforce Indian culture, our culture upon the world. Rather, whoever converts to Islam is Zulu converts to Islam. They follow the aspects of pseudo culture, they only give up the heroin aspects, right. So for example, in their culture, they can have

00:56:53 --> 00:57:30

789 wives convert to Islam, they only have four wives. Right. So we just let go of that part of the culture that is prohibited in their culture, perhaps they drink a lot of alcohol, let go of that part of their culture. But the media culture, they wear a suit and tie instead of a coat and tie up after converting to Islam disobeyed the suit and tie, no problem with that, because he still fulfills the Sharia requirements are covering the aura. So it's very, very important that we do not enforce foreign cultures for our people. And this is one of the biggest points that we covered in this course. And really, this point is so big and it's so much misconceptions around in our

00:57:30 --> 00:57:47

community. That I think maybe one day I'll write an entire book on this topic because really, really we have to educate our people on this issue. And the same applies to Maxim number five. Alma Shaka today he put a scale difficulty causes relaxation, the law.

00:57:49 --> 00:58:06

Allah Subhana Allah says in the Quran Surah Baqarah chapter number two, verse 185, in the verse about Ramadan, about those who are sick and traveling that they should make up the past later, and then Allah subhanaw taala gives the reason for this. You read the lobby como use from Allah you read it because

00:58:07 --> 00:58:10

Allah wants things to be easy for you, he does not want difficulty for you.

00:58:12 --> 00:58:16

And the closing verse of the surah, Allah Subhana Allah says law you call de fuego and upset Illa

00:58:17 --> 00:58:32

Allah will never burden the soul beyond his capacity. Based on these verses of the Quran, various had isas and various rulings in the Sharia, he Allah have derived that when the rules get too difficult to follow the laws get easier.

00:58:34 --> 00:58:40

So, the lemma have derived seven things that are considered machaca and seven types of the sea

00:58:41 --> 00:58:48

sickness traveling a public affliction like what we are going through at the moment.

00:58:49 --> 00:58:54

And wars various other things, cause the loss to relax.

00:58:55 --> 00:59:07

And relaxation of the law takes place in different ways. Sometimes something that is further is no longer followed by so for example Zika is for somebody falls into debt, overwhelming debt.

00:59:08 --> 00:59:11

The cars no longer for California, right?

00:59:14 --> 00:59:29

fasting in Ramadan is for somebody develops a chronic illness in which they cannot pass ever again for the rest of their life. Fasting the month of Ramadan is no longer part for them, rather your adult takes place. Three days replacement takes place they needed ppgi instead,

00:59:30 --> 00:59:45

someone's traveling, they can shorten their salah and most of the Muslims, they can combine the Salah, he can delay the fast. All of these are examples of difficulty cause relaxation of legal and again, again, this is a principle which sadly you're in South Africa witches did not apply.

00:59:46 --> 00:59:59

There are so many things going on in our country. We have to apply this principle from issues related to insurance to the pandemic that we're going through at the moment to issues related to business.

01:00:00 --> 01:00:23

No to obligation that we place upon people in society, there are so many areas where we have become unnecessarily strict with the Sharia allows the seer with the surety allows relaxation of the law. A lot of discussion is needed a lot of dialogue is needed a lot of rethinking of our fatawa is needed in order to make fit in South Africa, more applicable and more fitting with the call to the Sharia.

01:00:24 --> 01:00:53

We also learned that there are many secondary Maxim's of faith that are also important. So for example, we learned that whatever is haram to use the Haram to buy it is haram to sell it, the only time to ask for it. These are Maxim's of thick, we learned that when a person says something, you must attribute a meaning to it. We either take it literally we cannot be taken literally we take it metaphorically. And only when it's not possible to take it literally or metaphorically, we ignore it completely and regarded as nonsense.

01:00:55 --> 01:01:39

We let other Maxim's of thick as well, right that if you buy something you by default, buy whatever goes along with it. So if you buy a house by default, the garden, the walls, the roof, the windows, the doors, the locks, the keys, all of it included in the sale, you are not allowed to sell them separately. Right, if that is the cultural norm, so many of these Maxim's of fit we covered last week in the secondary Maxim's video. So with that hamdulillah we come to the end of our presentation, hope that you found this beneficial. Today very briefly, to the best of my ability, he buys whatever we covered in the past six months in about an hour. We learned that the old ama all

01:01:39 --> 01:01:48

agree it our fic is taken primarily from the Quran and the Sunnah to consensus of the scholars. And when these are not possible, we go to chaos.

01:01:50 --> 01:02:12

And we learned that his different approaches towards chaos. These the maqasid approach is the COVID approach. There are many ways of making chaos, we look at intentions, you look at convictions and doubt you look at harm, we look at benefits, we look at culture, we look at difficulty we look at the seal making ease in the law, we look at the dhulia we look at the hajia to look at a senior pic is not easy

01:02:13 --> 01:02:40

and requires years of training for someone to become adequate and responsible for deriving your own rulings. But at least after studying this, you will be able to appreciate the AMA, the opinions, the methodologies, and how they come to the conclusions. And perhaps if you're finding it difficult to decide which orlimar to trust which element to follow. My advice is to follow those

01:02:41 --> 01:03:21

who are clearly trained in COVID and makkasan. Shula thick to understand these concepts, who apply these concepts and who are clear about replicating recordings rather than following those people who claim to be all ama, but all they've done is memorized a few books of fake compared to what you're reading those books. May Allah protect us from misleading people. May Allah protect us from making this religion unnecessarily difficult or unnecessarily easy. Allah protect us from wrong opinions and going astray. May He guide our rulings guide our decisions. They help us to arrive the best of the rulings and to and to give our communities the best public rulings. With this, we come to the

01:03:21 --> 01:03:55

end of our series on national fake. Next week we will have a special presentation of Ramadan where we will look at the verse of the Quran related to Ramadan on all three of these angles. We will look at the pseudo democracy the Sharia and the kaleido Pikia we can derive from the person or from others something special something I don't know if anyone's done it before in one presentation. inshallah that will be next week's lecture. Right Johnny slam intensive to follow him again if you have any questions please leave it in the comment section. Welcome Tawana and hamdulillah alameen wa Salaam Alaikum warahmatullahi.

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