The Maxims Of Fiqh 02

Moutasem al-Hameedy

Channel: Moutasem al-Hameedy

Topics: Fiqh

Episode Notes

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This Course presents Qwaed Al Fiqh, beneficial for any student of knowledge.

Presented on Mar 01, 2017 at the Abu Huraira Center

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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You're behind me no salatu salam ala Sayidina Muhammad Medina and he also

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So, this is the

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supposed to be the second meeting or the second session and this class will cover the the Maxim's the legal Maxim's of, of Islamic jurisprudence.

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Before we start,

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I want to make sure that the format of the class is actually most beneficial to the students attending. So it doesn't seem that we have a big number of students the last class we had a far bigger number, so probably the set up here needs to be changed, probably needs to be changed. So today, okay.

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Okay, inshallah, so we we can get by today with this format, but we'll probably change the format. Can I know how many sisters there are?

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Okay.

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We said the main

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I just want to refer to the,

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to the textbook. The main textbook is in Arabic. And it's allergies. fiio blah, blah, Hakka, effectively. Allergies, fi A lot of it eloquently. It's by Dr. Mohammed. So tailbone hemmati elbow. It's a very good book. excellent book. It's part of a bigger series. He has a whole encyclopedia on the Maxim's

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and this one is actually just talks about the main rules, the main basic rules, and, you know, some details as well.

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And he provides some good introductions. I found a good actually textbook in English that we will be using as well. And you can find it online.

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As soon as you Google.

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The legal Maxim's of Islamic jurisprudence, the legal Maxim's of Islamic jurisprudence are the legal Maxim's of you're going to see this textbook from

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Mischka University, Michigan University in the US, okay. It's used to be called Islamic University of North America. Now it's Mischka University.

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So they have compiled a good text in English. So inshallah we can use it as our English textbook.

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We need to give some kind of introduction, some kind of a context, but these are provided in a context because

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for students of knowledge, this is actually a big leap when you get into a provider. Getting into alcohol, something is quite a substantial move. It's quite a substantial move, in fact, because when we study, we usually study the rulings and we learn the evidence.

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So we say for example,

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we'll do

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you have to have a law.

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Okay, we'll do is a shelter is a condition for the validity of the prayer.

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That's the hokum that's the ruling.

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And what's the proof? It's the verse and storage element either, versus Oh, yeah, you are living in hermano.

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Illa Salatu vasiliou como

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como se como la jolla. comida cabbie, we will believe when you stand up in prayer. That means before that, you wash your faces, and you hands up to the elbows. you wipe over your heads and you wash your feet. So this is what is so unfiltered. There's a countless number a number of rulings. There are so many rulings about Salah so many rulings about Waldorf so many rulings about Hajj, about fasting about the huge, huge number of rulings about jihad, about business transactions about funerals and, you know, issues that have to do with death.

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And there's a countless number of rulings, and every time there's a new situation, we're faced with a new situation, the fuqaha need to come up with rulings. So they need to study the text and try to find what does Islam say about this new thing? Like credit cards in the past? They just knew though a new invention. So when they were when they became available.

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This scholars had to see exactly where this this fall within the Islamic fuck was this and so on and so forth. So this is a calligrapher key, it takes you to another level, a different level, a different approach to the study of and what is to talk about. It talks about the general patterns, the underlying dynamics of that

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The reality of that's the reality of difficulty. They are the general rules that form the underlying dynamics of

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the underlying dynamics of work. So when you study Sharia, studying Islam in general, and it keeps studying here, you will see a very common theme that appears in almost every ruling in almost every ruling. And that's basically what Allah Allah says, You read Allahumma Nusra you read to become an allowance is for you. And he doesn't intend to put you in hardship. You This is a default here this is a key Maxim. So from this was taken,

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elements of katagiri BTC, that when there is hardship, or hardship begets, ease, hardship, causes us to bring about ease. So you will find this in Islam wherever you go, wherever, like, for example, let's say you're studying Salah,

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someone finds it very difficult to stand up in Salah because they have an illness, they have an injured knee, and they can't, they can't stand up in Salah, they're unable to stand up in their solo, they have to get seated, if they stand up, it might exacerbate their medical condition. So that's my shot causes hardship, that's harm. So what's the ruling they can pray seated?

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They can pray seated. The traveler traveling, there's a lot of you know, you know, stress that comes about that comes around with traveling, there's a lot of you know, juggling between different things, there's the hardship of traveling itself.

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So, this is why you will find the Salah is shortened. And when there is need it is you can combine soldiers. So things are made easy. When you are traveling, you can break your fast and Ramadan.

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So you can we can find this line this logic, okay, or this pattern everywhere in Syria, when you can't do something, okay, it's taken away from you. Or it's made less or easier for you.

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If abstaining from something How long is putting you in extreme hardship and maybe jeopardizes your safety and your life, then what happens it becomes Helen, it becomes Helen. So you will find this pattern. So this is why the scholars through their study. And by the way, this was

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this was a very common thing at the time of the prophet SAW.

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At the time of the companions of the Prophet Salaam, as we will see, at the time of the tabbing. And throughout, you know, these ages, this kind of understanding this kind of thinking was very prevalent. And we can call it in Arabic at the Pharaoh, our ID, which is thinking in terms of principles, not in terms of details.

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thinking in terms of principles, not in terms of details, you will find, for example, Chef,

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Shadow Minister, the minister and chief of note they mean when they talk about a little further away, they say no one can master fork unless they learn a wide. Why because mastering our admins you master the principles. So you know how for Qurans.

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But knowing everything, in fact, is almost an impossible and impossible mission.

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But when you know the principles, you can figure out the details, you can arrive at conclusions. So there are scholars when they because they have mastered Alcoa as a key and they have mastered. Like you told them what what does the chef app say about this? What does the Hanafi madhhab say about this, maybe they haven't really read that or they forgot it, but they can work it out. They can figure it out because they know the principles

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we know.

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So these become more like general guidelines to show us how actually works or actually works. So it's very important. And this this kind of this line of thinking is very helpful and important, very helpful and important, not only in matters of religion, but in matters of life. So in matters of religion, this has been the common approach. This has been the most prevalent approach among the scholars, that they would actually their understanding of the Sharia was based on principles was based on principles. Nowadays, you find the beginner students of knowledge, and some some of them are actually, you know, placed themselves in a position of leadership and speaking for Islam and

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advising people

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without really being qualified. And they think because they know some rulings and they know some of the evidence behind these rulings, they think they can get fit our I think they can advise people if think that they are right and everyone else is wrong.

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And that's against that's way, way against Islam. That's not how Islam works.

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So when you ask, now oftentimes when you're speaking to a congregation, someone will come up and they'll say, you know, you said something like this, where is this and it's not what is the simple

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and you can tell that this person actually is not thinking in what we call it the killer of our ad in in those general principles and the logic of the general principles because this person

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excellencies each ruling is separate. That's it. This is a very fragmented approach. And it never leads to any mastery of work. And the person who follows this approach will never be a good student of knowledge. Never, ever. Never, it's impossible. It's just,

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you know, looking just, let's take an example the rules of grammar, the rules of grammar.

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When you learn in English, there is a general pattern. There's a general pattern.

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For example, of certain verbs like Dr. Is the present, and drove is the simple past and the past participle is driven,

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drive drove driven, right? So you can follow this line of thinking, so you don't need to learn each like verb on its own, that this is how it is, but you see this general pattern and it applies maybe, to a huge number of verbs that

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you know, follow the same kind of rhythm, then you have learned probably hundreds of verbs and how to, you know, change the form of the verb based on the tense

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so that's how they refer to work you don't have to learn each each

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each each field there's a there's a joke

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as basically you know, in

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that in some Arab country, the teacher was teaching the kids this kind of English and all tense different tenses. He was a drive drove driven

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swimswam as one that's not okay, drive drove driven, strives drove striven

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things like that. Okay, so he was following the same pattern drive drove driven. So but there was this kid who was absent minded, probably tinkering with something, maybe his smartphone or something. So the teacher says to him, in Arabic in in,

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in the like, slang language here, he says, Speak. Speak means basically, what's wrong with you speak. So the boy is Crisco, the rhythm, right. So he thought that the teacher was asking him, and it was a verb. So he said, it said, should be Xbox speaking, right?

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So he does the same thing.

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So collided factory are pretty much the same. Pretty much they show you the pattern, the patterns, the underlying patterns. So you can see where Islam is going with all of this thing. And it shows you the asset of shedding as well shows you the macaws, it shows you, you know, generally speaking, what are these objectives within Islam? What are what are these principles? What are the dynamics that underlie so it's a very powerful approach. And there's no way to master knowledge not only, but also after either, and even the Arabic language, there's no way to master it, except when you learn the provide the Maxim's you learn the principles, then you can arrive at mastery, you can arrive,

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this is why you find some people learning language, once they learn the grammar very well. And they learn a little bit of vocabulary, they can really stretch that so far, and they can actually speak very good English in a short time, or good Arabic In a short time, and so on and so forth. So, learning to collide is a very powerful approach in terms of learning, very powerful approach, in terms of learning. And now most of the modern sciences, most of the modern,

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you know, subjects that are taught in university, there are actually, you know, they're based on teaching the principles teaching the principles.

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Let's take a definition of al Qaeda which is alcohol is the plural, we Maxim's are the rules and are either one, okay, means the rule or the foundation or the maximum one Maxim.

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It literally linguistically means a concrete or abstract Maxim or base. This is by the way from the book, that's by Michigan University.

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Okay, there is literally it literally means a concrete or abstract Maxim or base.

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That's linguistically

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there is a difference or some kind of debate amongst scholars we acquired these Maxim's of Are they all inclusive, like they apply across the board, there are no exceptions, or are they? preponderant. preponderant in the same in the sense are actually, not only

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Inclusive completely. But they apply to the majority of the cases, let's say 90% of the cases. So there are, like 10 to 10% exception, where the rule actually doesn't apply. So there's a difference of opinion, are they completely all inclusive? There's no exceptions, or are they preponderant in the sense are they not completely like, inclusive, but there are some like they cover the majority, but still there are exceptions. So, there is a debate, there is a debate

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among the scholars about this, but the fact of the them looking at the article, here, you will find actually most of them are preponderant in the sense that they are not necessarily all inclusive, but you will find you will always find exceptions. But the exceptions is we say, they go to prove the rule. they emphasize actually the rule because almost for every rule, there are exceptions. Chef, Mustafa zacchara mala one of the great scholars of soil, and our elephant, he, he passed away.

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Like he lived in the in the 20th century, was one of the really masters of colossal effect and all the sciences related to Phil.

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He says that,

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the exceptions

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in reality, they are not exceptions.

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In reality, they're not exceptions. They're just cases that belong to a different role.

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What but we miss diagnose them.

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Okay, so he says, basically, we miss diagnose them, and we think they apply to this rule because of some kind of similarity.

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But if we really investigate, we would actually find out that these exceptions belong to a different room, and that's why they seem to be exceptions, but in reality, they are instances instance instances of a different rule. And that's it. So he says, it's more about perception. This kind of debate is more about perception.

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So there are four main types there are more more

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main four types of our adult obesity Maxim's there are the ones that are called al Khalifa Al Cobra, Al Qaeda, Al Khalifa to Al Cobra. That means, we need to learn Arabic terminology or COVID and Karelia, l kupala. They translated as normative the normative legal Maxim's normative legal Maxim's, these are the major ones, they these are the major ones, very generic, and apply almost everywhere.

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So they call the Translate normative legal.

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Maxim's, that's the first type. And basically, their characteristics, there are two, they mentioned two characteristics here. They are agreeable to all scholars and methods. So they are agreed upon, across them. All the former they have agree on them, there's no debate about them, because they are so obvious.

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So they are agreeable to all those colors, and on the

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second, they have the highest degree of inclusiveness, the highest degree of inclusiveness,

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that means they're almost almost all inclusive, if not actually completely all inclusive. An example of them is the famous one Alma Shaka to Liberty,

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which means Alma Shaka, the Liberty seal, which translates as hardship begets ease. What does this mean when there is hardship? So the ruling will be eased out. That's a general rule in Islam. When there's hardship, is it out, the companions of the Prophet SAW Selim, they were on a journey, one of them had a wet dream, it was cold weather. And he previously had an injury had had an injury in his head. So his head was caught. So that night, he had a wet dream, he woke up in a state of Geneva impurity. So he needed to do to also Okay, so he asked them, he said, Do I have an excuse not to make a whistle. It's cold. So cold weather and in the desert, it does get cold at night. And you can

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see, you know, my medical condition, they said, Well, I mean, there's water and there's nothing prevents you from using the water. So you have to

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you have to use you have to, you know, take a full bath, take a full awesome, and when someone has been injured in their head and circuit, basically it seems these people weren't in 101. We're in a battle. So that means he was hit with a sword on his head. That means that it's a big cut. It's a

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Big wound.

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So he washed himself

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with water was cold, and he died as a result, when the news came to the prophets of Salaam he said Cthulhu katella, Houma la they killed him, may Allah kill them.

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And these are companions, the province of kwazulu Natal Allah, Allah, Allah, Allah May Allah,

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they should ask if they don't know, they should ask, in nimesh, she found it useful. The remedy for, you know, ignorance and lack of knowledge is to ask and find out.

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So it was hard to for that person, that companion to use water in that cold night having had this kind of injury.

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When there is hardship, then the ruling eases out, it should we should resort to the easier option, you should resort to the easier option. That's how Sherry goes. That's how all of Islam works. This is why people will kill themselves today, you know, to apply certain things when they bring about so much harm to themselves on the Muslims. I'm not talking about important things in Islam. But the even most of these things are probably just recommended or maybe just a personal preference. But because of culture, cultural indoctrination, people think this is religion. People think oh, this is Islam.

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The other day Subhanallah I was I overheard a conversation.

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And

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it really blew my mind a couple of days ago. unintentionally, I happen to hear it because it was happening very close to me. I know I didn't see the people it was from behind the door.

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So there were two guys speaking one of them had their son.

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And the other person was actually practicing very practicing brother seems who frequents the masjid. And he sees himself as a student of knowledge. And hopefully he is. So basically, they were having a conversation then that

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supposedly learned brother, he sees the little boy who's about three, four years old, three, four years old. And he says, Come here, come here and he's speaking this decisive, intimidating, authoritative style coming in.

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You want to be good Muslim.

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He's been to the child.

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The child, he doesn't answer because he's intimidated. He's scared. You want to be a good Muslim, and that's in front of the Father. You want to be good Muslim.

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The child does not say he says, you want to be good Muslim, you don't wear those pants. They are tight.

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Allah will not accept your salon level rejected.

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And the little boy says Allah will reject myself Ah, and he can tell he was scared. And he was having sense of guilt. Three, four years old.

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You know where those pants

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if you want to be a good Muslim, and he repeated that so many times and he says to me go to mum. Tonight, it is haram to wear these pants. You throw these away, and you give me some loose pants. So Allah can accept my soul.

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That's kind of rhetoric that pushes our kids away from Islam and teach you what you teaching this child? First this child is not is not accountable is not McKellar. He's normal kind of, yes. Maybe you want to teach the kids to dress up properly, that's fine. But that's not the way to do it. Second thing what impression Are you giving the child of Allah?

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Allah with all those Majesty is chasing kids for what they were right for pants.

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That really got my blood boiling, but I didn't want to exacerbate the situation. But

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we definitely need to deal with something like this. So there's a lot of people who hold this attitude and they go around telling Muslims pushing Muslims into things only to matters of preference and mainly personal preference.

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And then jeopardize

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the in are certain things about, you know, the interest of these Muslims, sometimes the welfare of various Muslim sometimes the safety of these Muslims. Why? Because some people are narrow minded. But this narrow mindedness is a mental problem. It's that person's problem. That's not Islam. Islam is about as the profits are so lemonhead when people were coming to him, I missed this. I missed that I can't do this. The person says if I will, do no harm, no harm, no harm. Take it easy. Take it easy the prophets Allah sent him sent more as the companions Mohammed bin Jebel sincerely to Yemen. And he said to them, yes, you're our one to iclr make things easy. do not seek hardship. do not seek

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to make things hard. Making things hard is not righteousness, by the way has

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Nothing to do with righteousness. There is no connection between righteousness and making things hard. By the way.

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There's nothing like this at all. That's just a fallacy. There's just some kind of an a misunderstanding misconstrue of what Islam really means people think if I take it hard on myself, I'm more righteous Who said that? Who said that this has nothing to do with Islam? This is a personal impression. Yes, sir. Our letter SCR Bashir, our Latina fellow, give people you know, a good face, my sense of optimism about what the truth and about Islam and don't make it gloomy. Don't push people away, don't be off putting to make people you know, thrown off because of the truth. So you can find that as a basic principle and premise in Islam that runs through across the board and

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everything in Islam, and a mash up katoh label ectasia that hardship begets is when there is hardship? Absolutely. Islam is going to bring these some scholars put this in a different fashion and a different style or an Arabic They say either Allah, Allah Mo, Tasha,

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if things become tight, it loosens up. What does that mean? If situation becomes tight, critical, then Islam is going to

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loosen up for it is not gonna be easy. Now, why is it when you speak to some students of knowledge, sometimes people you know, who are in the field of Dawa, you feel that you're stuck, you feel that even your needs and your concerns are not being even considered at all

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and not considered at all.

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So, we have to be careful about these and we have to understand, and this is why, you know, understanding and I believe the approach to today has to be has to be really integrate part based on these principles, but also connected all the time to the Quran and the Sunnah. But that fragmented approach where we teach the students the fragmented, you know, rulings of facts that makes them rigid that makes them

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you know, develop inaccurate impressions and understandings of how freckle really runs and how what's the relationship between faith and life?

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A second type of a kaleidoscope here they call them our a do l juice iya to L Cobra, alcohol juice

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and Cobra they translated as partial normative legal Maxim's partial

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normative legal Maxim's.

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So they are less generic than the first type less generic than that. It's a bit narrower than the first type, what are their characteristics, they're agreeable to all scholars and almost the same thing agreed upon

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they also have the highest degree of inclusiveness.

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So, they are almost all inclusive.

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So, they have very little exceptions or no exceptions at all.

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Third, and that sets them apart from the first type, they fall under one of the normative legal Maxim's so they are branch outs of the first type

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of shoots of the first type, that's what they are.

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So, that sets them apart from the first type. So they fall under, they fall under the first time an example of them a lot a lot too, to be holding a lot and a lot of dough right we have all right, necessities permitted the prohibited

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necessities make the prohibited permissible.

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This is agreed agreed upon by all the scholars. Number two, this is all inclusive, wherever it anything that seems to apply to it linguistically, then it does apply to it.

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But it is considered to be an offshoot, as I said, or a type under the main one,

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which is the one we mentioned before, I'll mash up cottage liberties here. The hardship begets ease. So that's more of an instance more of a manifestation of it. Okay.

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So the the second ones are a bit more specific in nature, a bit more specific, a bit more specific in nature, but it's still very generic and all inclusive

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of the law to to be home a lot. So

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necessities

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lead the prohibitions to become allowable, allowable, it allows us it, it makes it allowable for us to commit these prohibited things. Why?

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Because here we can link it to them. Also they have Sharia, and mocassin, Sharia.

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So, basically we have in the mouth of Sharia, we have the main objectives of Sharia, that when Islam is there, it is meant to achieve certain goals and these goals, the main ones are preserving

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been religion. What does this mean? It means preserving your right as a human being, preserving your right as a human being to practice the truth.

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And to know your Lord Allah, and to know the path that leads to him. And to know the way to gender, it's this is right of every human being. Every human being has the right to know the truth, to know Allah to know about gender, and to do what it takes to make it to gender and make it all every human being has this right. This is the main objective in Islam.

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And that's why everything in Islam

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was put there.

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You're gonna find this everywhere. This is the main muscle in Islam, okay? To preserve religion, why? Because it's about preserving your Ashkelon, it's about preserving your eternal life. Everyone has the right to an eternal life in Paradise, inherently as a human being.

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And this right is guaranteed by them. Their access to the truth is there. And their freedom to practice the truth is there.

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And they're safe to practice the truth is there as well.

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And that's it's their choice. They want to follow this, or they don't want to they don't want to follow it. That's their choice. Second one, preserving enough's life, preserving the life preserving someone's life. Because without, without being alive, you can't even practice a religion. You can't practice a religion if you're not if you're dead. What are you going to practice? Okay, so preserving the light. This is why life is sacred in Islam, you cannot even the life of a non Muslim is sacred. Because as long as they breathe, there's always

00:32:14--> 00:32:30

an opportunity that they would find the truth. So you don't have a right to confiscate their life. You don't have a right. Without obviously justified reason that justified reason means they violated something bigger. But that's not the point here. Then preserving

00:32:32--> 00:32:32

after

00:32:34--> 00:32:37

consciousness, one's awareness.

00:32:38--> 00:32:46

One sense of awareness, one's intellect, one's mind. Because if someone loses their mind, that's it.

00:32:47--> 00:32:54

They're not, they're not actually living, they're just physically living. They cannot choose they cannot recognize the truth from falsehood.

00:32:56--> 00:33:05

So they're not accountable. So preserving the apple. This is why for example, Hummer is how long intoxicants are how long because they take away your sense of mine, it goes away.

00:33:09--> 00:33:44

Fourth, preserving people's what honor sense of honor and honor and lineage ancestry, because we have a right to know where we came from, who we belong to. This is a basic human need, and has a lot to do with dignity. So someone's honor as well, his honor and lineage or ancestry. This is a huge thing in Islam. So this is why in Islam, you cannot you cannot violate someone's dignity. You just can't. You cannot violate someone's dignity by any means.

00:33:45--> 00:33:49

Because once the dignity of a human being is violated, they no longer normal.

00:33:50--> 00:33:53

They no longer normal.

00:33:58--> 00:34:01

And the fifth maksud is

00:34:03--> 00:34:09

property, preserving the property, belongings, possessions, because you don't feel safe.

00:34:11--> 00:34:14

With regards to your possessions, you're not going to feel so

00:34:15--> 00:34:34

your sense of the normal sense of stability in life is taken away so you can't focus on anything you troubled. You're scared, you're frightened. So and he cannot even you cannot guarantee you to run your affairs. If you don't, you don't feel safe your money is there it can be taken, etc. So these are the so.

00:34:35--> 00:34:55

So when Islam so when the choir deliver to the maximum, it says that necessities make the Haram or the prohibited make it makes it permissible while that necessity lasts. Why? Because when life is being jeopardized, life is being jeopardized.

00:34:56--> 00:34:59

What's the point you're not going to if it's jeopardized now

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

In Islam, we have to realize there is the core things about Islam, the most important things about Islam. And there are things that are secondary in Islam. So if you can compromise on

00:35:12--> 00:35:56

eating pork, but save someone's life, so that part of saving a life, saving a life is higher in rank than keeping away from Polk is higher in rank. So Islam, not all of it is on top, not all of it is on top. Okay, some parts of it are on top, like preserving tawheed, like Salah, and all of these things that's on top, the main things the Pillars of Islam, and these are on top, but the other obligations and the other prohibitions in Islam, they're not in the same rank, they're not in the same level. So, when life is jeopardized, or it is at risk, and the only way to preserve it is to commit something that is how long

00:35:59--> 00:36:28

so that means these prohibitions because they are at a lower rank than the importance of life and preserving life. Now we compromise these to keep them or to attend to the most important priority. Does that make sense? And the standard that's important to understand Okay, so that's why this is where this rule comes from. So how necessities make the impermissible Hello, they make it accessible or okay allowable.

00:36:31--> 00:36:48

So you can see Islam is not do don't write. It might seem at some level like this, but if you look behind it, there's a beautiful logic that runs through it. And this logic takes in mind human nature. It's about creating an optimal human experience.

00:36:50--> 00:36:52

Let's move to the third type of provided for

00:36:56--> 00:36:56

our

00:36:57--> 00:37:31

eloquently Yeah. A ye roll Cobra alkaloid aquileia Cobra, non normative legal Maxim's is not this is almost the opposite of the first one non normative the first ones are the non normative, legal Maxim's these are non normative, legal, Maxim's, they are agreed upon by all scholars are made up across the board they are agreed upon, they have a high degree of inclusiveness.

00:37:34--> 00:37:37

They have a high degree of inclusiveness,

00:37:38--> 00:37:42

but what sets them apart from the first type

00:37:44--> 00:37:50

what sets them apart from the first type and the second type they pertain to one particular field in fact,

00:37:53--> 00:38:14

they apply to one field or not to everything they apply to one field so there could be about one more specifically have nothing to do with Salah have nothing to do with deca have nothing to do with transactions have nothing to do with hedge has nothing. It's just has to do with football, but it's inclusive.

00:38:16--> 00:38:38

And it's agreed upon by the scholars. For example, example you they give is a to solve roof. Yeah, man autonomous law solver for a young man autonomous law. That means the rule is decision like the king, the governor's decisions must be in favor of the people. That's the general criteria in governance in Islam

00:38:40--> 00:38:50

at the sub rafaela yamano Tomas law, so what policy should the leader or the governor take, that has to do with the general benefit and welfare of the people.

00:38:52--> 00:39:09

So that shows you that Islam is actually not rigid, it tells you you know, because each town is going to be different, each city will be different, each country each time will be different, each age will be different, each population will be different, each situation will be different. So if you put rigid rules,

00:39:10--> 00:39:17

they will be limiting. They might apply here but not apply there. There might be good for some people for maybe

00:39:18--> 00:39:22

600 years ago, but today they're not actually good.

00:39:23--> 00:40:00

So this is why Islam in matters of governance and left it open. Mainly there are general principles, but for the most part, at the solder for Allah Yamanaka masala, how the ruler runs the affairs of the state or the city. This is based on what is good for the people. Does this mean he makes Riba accessible? No, that's a general principle you cannot go against it. We don't make principles and rules go against each other. So they form a context. We have to see everything in context. So in studying Islam, we have to be as well mature. Some people even say a statement they take it in a vacuum

00:40:01--> 00:40:02

They take it in a vacuum.

00:40:03--> 00:40:06

No, you have to see it within the context the general context of Islam.

00:40:09--> 00:40:11

The fourth type

00:40:12--> 00:40:16

of alcohol here they are called a borrower.

00:40:18--> 00:40:20

a borrower, a borrower Baba built,

00:40:21--> 00:40:25

they translate them as controllers, controllers.

00:40:28--> 00:40:30

controllers, the singular is Baba controller.

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

So the controllers or the juris jurisprudential controllers.

00:40:44--> 00:40:48

So, their characteristics, these are the most specific

00:40:49--> 00:40:50

and,

00:40:51--> 00:41:07

okay, they're their characteristics. There is a difference of opinion among the scholars, so they're not agreed upon by everyone. So they couldn't be specific to certain methods. Like the Hanafi madhhab has its own the Robert Jaffe method found its own its own controllers.

00:41:09--> 00:41:15

So they are mostly so there's a difference of opinion they are mostly related to specific methods or schools of thought. That's number two,

00:41:17--> 00:41:33

mostly related to specific mishaps and schools of thought. And the third, they have a low degree of inclusiveness. They have a low degree of inclusiveness. So they apply some words and some places but doesn't apply. They don't apply everywhere.

00:41:34--> 00:41:34

Okay.

00:41:40--> 00:41:45

So they have some generalities some generic sense, but it's not so big.

00:41:46--> 00:41:58

How do we know that's why the scholars of the mother have have specialized in these men they have they can they understand these very well that's their territory. they've mastered this so they know how to where to place each one of them.

00:41:59--> 00:42:01

An example of them

00:42:02--> 00:42:13

so cool, Luca fell right in Sabah Bahama. So yeah, he ll for kulu Catherine Sabu, hamotzi. atone for here lol for every

00:42:16--> 00:42:19

every kuffaar expiation, you know

00:42:20--> 00:42:30

expiation, like when you do something wrong or you miss an obligation you have to compensate for it. You pay off an explanation or like a foreign. Okay. Erica fara

00:42:32--> 00:43:09

that is caused by this obedience by a sin by Amazonia is supposed to be fulfilled immediately. Immediately. So far, let's say you you you were traveling and Ramadan. You were traveling in Ramadan. When you were traveling you're allowed to break your fast make it up later. Do you have to make it up straight away as you come back? So you came back after Ramadan? A week after Ramadan? You came back home and you settled? Do you have to start fast and get it right from now? No, you don't have to you have a whole year you have 11 months to fast you have 11 months

00:43:11--> 00:43:27

okay you can fast anytime This is what I shall be allowed and how she said I used to fast my Miss days from Ramadan in shadowbanned. Das before omala next year, cunanan shadow buress who realized that we used to be busy with the affairs of the Prophet sallallahu wasallam.

00:43:28--> 00:43:32

So why so that means Okay, there are two things in Islam.

00:43:34--> 00:43:43

Originally, they are discussed an awful factor two cases, you have to do something immediately. Or you have the luxury to do it whenever you want. The first one is called LFO

00:43:44--> 00:43:45

immediately.

00:43:46--> 00:44:07

Second one is called actigraphy Allah, it can have you have time, you can do it. Any time there's no rush to do it. So could look forward in several more harmoniously efa helpful. So each kafala each expiation that is caused because of a sin, not because of an exemption because of a sin. Like someone,

00:44:08--> 00:44:09

let's say

00:44:10--> 00:44:14

approached their wife intimately. They had a sexual intercourse during the

00:44:15--> 00:44:16

days of Ramadan.

00:44:17--> 00:44:24

During the days of Ramallah, that's a kafala there, right? There's a Kufa he has to fast he has to fast

00:44:25--> 00:44:41

this is based on a sense, so as soon as Ramadan ends, he has to do this, he has to start doing it, he cannot delay it say all the way later on. No, you have to do it straightaway. So any kafala that is caused by a sin it has to be done immediately has to be performed immediately.

00:44:42--> 00:44:55

So that's a bar but this is a bar but not all the scholars agree upon this. Not all the scholars agree upon this and it doesn't apply necessarily on all the kufferath maybe you'll find some exceptions.

00:44:57--> 00:45:00

So we have now four types of

00:45:00--> 00:45:00

Alcoa

00:45:02--> 00:45:07

shoulder after Asia, we will take a glimpse into the history of Alcoa

00:45:08--> 00:45:13

as in the history of the ultra wide, Alfie Bartok low FICO masala loves

00:45:15--> 00:45:18

them. So we'll carry on after Asia Charla

01:15:30--> 01:15:36

hamdu Lillah wa salatu salam ala rasulillah Valerie, you're so happy and wonderful that so we continue our class

01:15:38--> 01:15:39

having some kind of

01:15:41--> 01:15:48

glimpse into the history of our alpha T and knowing where they come from how they developed, and how they came into the present shape.

01:15:51--> 01:16:31

We find the foundations, the main principles, and examples of all of these Maxim's or rules of filk we will find them mainly in the Quran, in the book of Allah subhanaw taala. And in the statements of the Prophet sallallahu, alayhi wasallam find them there, we can find some of them were actually were formulated or stated by some of the companions of the Prophet SAW send them as they were giving fatawa and some of them came about literal and bioturbation. there behind of the proposal, and then the scholars as well formulated and put together some,

01:16:32--> 01:16:37

some of those Maxim's rules of so one of the

01:16:39--> 01:16:45

Maxim's that were taken from the prophet SAW said, I mean, I was considered to be one of the main ones.

01:16:46--> 01:17:04

The statement of the prophet SAW Selim blah, blah, blah, generation da da, da, da, da, da, da, da, da, da da da da when Allah Islam forbids people to cause detriment on themselves or on others. Or, in other words, in another way harm cannot be, or

01:17:08--> 01:17:10

I forgotten how to put it differently.

01:17:11--> 01:17:21

reciprocated. But there's a continuation. Okay. So, a person is not allowed in Islam to cause harm to themselves, or to others,

01:17:23--> 01:17:25

or to others. So harm

01:17:26--> 01:17:42

cannot be inflicted, or extended to anyone. Someone says I want to harm myself. Islam doesn't allow you to do this. Islam doesn't allow you to do this. You cannot you want I want to harm someone else you cannot. So anything that brings about harm to the self becomes Helen

01:17:44--> 01:18:03

is prohibited in Islam. Anything that harms your body harms your health, harms your mental ability and health is how long becomes how long islamically anything that causes any kind of harm on someone else becomes also how long in Islam also becomes how long on Islam?

01:18:09--> 01:18:45

We have also statements from the companions that turned into general rules or Maxim's for example, there's a statement from Mr. Maha pod maka. Okay. And the show macapagal Alfa Hawk. And assured that means the rights decisively lean on provisions? Well, that's a difficult translation, the real, like a simple translation would be that the rights in any transaction or any agreement are defined by the conditions that are stated in that agreement.

01:18:47--> 01:18:58

There are stated in that agreement, so if, if two partners in a business have a dispute, they have a dispute over some kind of profits, how it should be shared, or based on what percentage.

01:18:59--> 01:19:00

So

01:19:01--> 01:19:27

whose rights is going to be this who's who who shares this is going to be? Well, how do we get this we go to the contract, we go to the agreement among them. And we that's where the rights are actually stipulated and we stay we stay truthful to that. This is basically taken from the Hadith of the Prophet SAW Selim and what manana industrial over him, the believers should stand by their conditions, the conditions that they agreed upon.

01:19:28--> 01:19:31

Okay, so this is Makoto

01:19:34--> 01:19:39

Makoto will help Okay, in the short that means rights are cut

01:19:40--> 01:19:41

and defined

01:19:42--> 01:19:45

by the conditions that are put in the agreement. Yes.

01:19:50--> 01:19:51

There's a statement from an even

01:19:52--> 01:19:54

men pasa maribeth album and

01:19:58--> 01:19:59

this is about transactions. This is the

01:20:00--> 01:20:04

There's no guarantee upon who shares profit. That means basically,

01:20:05--> 01:20:12

if you enter into a partnership, you enter into a partnership. There's no guarantee on your money.

01:20:14--> 01:20:31

That's a different from lending money. Let's say someone borrows money from you to start up a business and they lose their money. The business goes bad, they lose the money, they still owe you the money. There is no guarantee or there is a guarantee. Why? Because you're just a lender.

01:20:34--> 01:20:50

But if someone goes with you into businesses, okay, I'm going to put in the money you put in the effort, okay, based on a 6040 percentage breakup, okay? Then we go into business, and the business like fails, the business transaction fails, we lose all the money.

01:20:51--> 01:20:57

Now, there's no guarantee for your money you entered as a partner as a business partner, so there is no guarantee for your money.

01:20:59--> 01:21:00

So that's a statement from

01:21:02--> 01:21:05

from the tab in the follow us if the companions

01:21:08--> 01:21:16

there's a statement from show why, not Harith al Kindi, he said, Man, schelotto en la yamaka hinfo la

01:21:17--> 01:21:26

mantia la, la Ian McLean. Anyone, whoever optionally without coercion stipulates a certain condition on himself.

01:21:27--> 01:21:28

He must fulfill it.

01:21:29--> 01:21:38

He must fulfill it, say someone goes into once someone wants to get married. So he proposes for this woman. And

01:21:39--> 01:21:46

they agree on a say $10,000 as Dori Maha, he says, and

01:21:47--> 01:21:53

I have I'm doing some business, if it makes money, I'm gonna add to this as a condition.

01:21:54--> 01:22:17

If my business transaction, for example, become successful, I'm gonna add another 10,000. So the model would be 20,000. He put this condition on himself. Now, if his business is successful, he has to put the other 10,000 becomes 20,000 because he made it on himself. He cannot pull out of it afterwards. Once it's agreed upon, and it's sealed.

01:22:18--> 01:22:18

Okay.

01:22:20--> 01:22:26

Mashallah Tata Andromeda Li and there's a statement from Jubail ame,

01:22:27--> 01:22:29

men, upper wind and IBC. In

01:22:30--> 01:22:37

other states, something should be responsible for it. Basically, anyone who confesses confessors

01:22:39--> 01:22:40

like, let's say there is.

01:22:46--> 01:22:54

Two people dispute the ownership over a property. One says it's mine. The other one says it's mine. So they go to the judge the dispute.

01:22:56--> 01:23:13

And one of them says, No, you know, it's his, it's not mine. So he makes a confession, a confession, whether it's true or not, he made a confession. So the judge that the rule says the judge takes his confession, he doesn't need to investigate. He doesn't need to investigate further.

01:23:14--> 01:23:18

Obviously, if he's doing it out of his own will not being coerced into it.

01:23:21--> 01:24:08

So there were many a lot of these like Maxim's were basically stipulated at the time of the tablet and when they were given the tower, and that shows that our early generations used to think in those generic terms in those generic terms. So we see how the scholars think about Islam, they think in those general patterns, underlying principles, so they see the Sharia as consistent. They see it as a very beautiful system that is compatible and consistent. And there's no contradiction there. It's not fragmented opinions here and there. No, there is a system that runs through there's one thread that runs through everything. So it shows the beauty of Islam and the logic that's behind it. And

01:24:09--> 01:24:10

there's another for example.

01:24:14--> 01:24:59

During generations that came after the tablet in like Abu Yusuf Akali, the students of Yvan Tamia in his book famous book of college, he makes a maxim he created a maximum he says, zero in an Imam and a de Eva mille Jeromy was a very busy is the penal law that is not specified in Islam. So in Islam, there are certain acts that have punishments prescribed punishments. But there are other things that are just open, that are just open that are left for the members. These are called z or z. They're open punishment, the Imam can assess the situation or the judge or the governor can assess the situation. If it requires, for example the person be exiled or be put in prison.

01:25:00--> 01:25:06

I'll be given maybe social work that's open to the email that's open to the judge.

01:25:07--> 01:25:09

That's the decision of the judge.

01:25:11--> 01:25:12

Another rule which is

01:25:14--> 01:25:37

based origin is taken from a hadith but it was also from the book of Abu Yusuf, he says cool lumen math Amina muslimeen, Allah worry fula whatever the fellow family who live at any believer who passes away and there is no IRS he has no people to inherit money, no relatives is cut off completely. his money goes to beta the man bait element.

01:25:47--> 01:25:50

Imam Shafi for example, in his book and

01:25:53--> 01:26:02

one of the Maxim's or our idols here that he stipulated was beautiful one of Rojas una ciudad

01:26:05--> 01:26:20

Rojas, la madera. Basically, the exemptions in Sharia, you know, there are exemptions. When you're traveling, you shorten prayer, when you're traveling, you can break your fast if it's wrong, you know. So these exemptions and concessions,

01:26:21--> 01:26:27

they should not be carried more than the necessity

01:26:29--> 01:26:33

more than the necessity or the condition that requires them.

01:26:34--> 01:26:37

So someone is traveling

01:26:40--> 01:26:42

find something that's a bit more realistic.

01:26:47--> 01:27:09

Someone goes through a surgery, and it makes it hard for them to pray while standing in their back to say surgery in their back. So they spent the for for, let's say, maybe one month, 14 days, it's hard or it's almost very difficult, extremely difficult for that person to stand up in Salah. So he prays sit while seated.

01:27:10--> 01:27:34

But the person gets used to it, he gets comfortable there. And they just stay with it. They so keep praying while seated. Right. But if they really just push themselves a little bit, there's no harm and there's no so much pain, they can actually go back standing while they're praying. So, this is why exemption exemptions should not be pulled off a bit more than what the conditions that require them.

01:27:37--> 01:27:43

There is an example here but this is a very good example on a bar. But we said the fourth type is a Baba

01:27:44--> 01:28:13

Baba is applies only to certain madhhab certain school of thought, and it's limited to a specific field. So for example, there's this one and from a shafia as well, he says a Rasulullah takuna in learning mopria mallozzi Fela the exemptions and the concessions in Sharia can only be applied to someone in a state of obedience, not someone in a state of disobedience. That's a big debate amongst scholars, some of them say if someone travels

01:28:15--> 01:28:26

in order to commit fornication, commit Zina, he travels to another city where in that city they can or someone will say travels to Las Vegas to you know, to gamble

01:28:29--> 01:28:32

in that travel can the person shorten the prayers or not?

01:28:34--> 01:28:42

That's a debate among scholars. So a chef a according to his Maxim, the maximum he formulated. He says no, he cannot.

01:28:44--> 01:28:50

Other scholars say it's irrelevant. He's traveling he can has nothing to do with why he traveled.

01:28:52--> 01:28:59

Okay, shortening the prayer has nothing to do with why he's traveled. So this is an example on bob on the robot

01:29:00--> 01:29:01

or controller

01:29:18--> 01:29:19

Okay, so these are I think,

01:29:21--> 01:30:00

generally speaking, the HANA or the HANA fees, Hana, females are Hanafi scholars, they paid great attention, great attention to 13 Maxim's great attention to 15 Maxim's so you will have for example, a new Jamie Hanafi he wrote a famous book Allah Subhan Allah and it's about a spelling about it's about Maxim's for key Maxim's and Prince rules like this. You have Abu Zubaydah WC as well. hanafy he wrote a book on these Maxim's these are among the early ones. So the Hanafi Fiqh, a lot of it in the early stages as well consistent

01:30:00--> 01:30:26

Have Maxim's so the, the NFL is mainly thought of principles Why? Because there are a lot, right? They are, right, they use a lot of intellect. So they would dig deep within the texts and the rulings trying to understand the logical principles behind them. That's a lot right. So this is why a lot of the early work was actually actually consisted of Maxim's and rules, standard generic rules like these inclusive rules.

01:30:28--> 01:30:34

And then the other men that have started to develop more of these Maxim's and these

01:30:37--> 01:30:39

these books on now.

01:30:43--> 01:30:44

The

01:30:45--> 01:31:25

biggest interest started to develop in the Maxim's actually in our times. So there have been attempts to compile all of them together. And this is the author of this book, who wrote something and most most who advocate for an encyclopedia of the Maxim's it's quite a big, a few, like a huge number of volumes. And he tried to get all of the Maxim's in all the different methods in one collection. So that was a very good effort, actually what he did, but there are some books that really stand out some books that really stand out through the history. You have, for example, one of the Maliki scholars and Rafi one of the most famous scholars of philosophy, he wrote a book called l

01:31:25--> 01:31:25

four

01:31:27--> 01:31:55

l four, oh, that's a very powerful profound book. Alpha lock means the differences. So he actually, mainly he tries to focus on these principles on the rules and the Maxim's, but he has a very unique approach to them. One of the famous books is also an hour at Nolan iya taken from me, he he wrote, our I know Ronnie, one of the henneberry scholars event, radziwill henneberry Rahim Allah wrote,

01:31:56--> 01:32:03

Kava Kava, who is known as kawaii who also on these 30 Maxim's

01:32:04--> 01:32:10

so these are among the most famous, also assumed the ultimate battle Nevada,

01:32:11--> 01:32:14

just like the same title as anything.

01:32:29--> 01:32:40

So I think that's, that's a good introduction and to the COVID. Do we generally understand what the word means? How do you understand generally what they mean, if we've taken good examples? I think we have.

01:32:42--> 01:33:18

I'm glad we found this textbook, I think it makes it makes things easier. The Arabic one is a bit more rigid and difficult. So this one helps. And there's a lot of terminology English terminology that. So it makes it easy. When I was making up my own words, I found it a bit difficult. But this has made it easy for me. So let's spend the time that we have left for questions and answers. I don't want to push it too much. And all this is, as I said, is quite a new approach. And it's a bit of a leap. So let's take it easy. Let's take it easy questions.

01:33:21--> 01:33:23

The title of the English book is

01:33:25--> 01:33:39

legal Maxim's of Islamic jurisprudence, legal Maxim's of Islamic jurisprudence are translated compilation. It's from Moscow University, which is in the US. I think this is the last saw was University.

01:33:40--> 01:33:41

Yeah.

01:33:42--> 01:33:43

Last class you mentioned.

01:33:52--> 01:33:57

Yeah. Yeah. If you pure comes out of the private parts, right about the menstrual blood.

01:34:00--> 01:34:04

The menstrual blood. Okay. Yeah.

01:34:08--> 01:34:10

It doesn't require muscle. So that could be an exception.

01:34:11--> 01:34:17

That can be an assumption. Yeah. And, yeah, that can be an exception. Very good question.

01:34:19--> 01:34:28

Yeah. Yeah. Well, obviously, somehow each one sees the world differently. Right? They have their own world, right. Yeah. So it could be an exception. Yeah.

01:34:30--> 01:34:36

It couldn't be more of a, we said old rules, you're going to find exceptions to them. So this probably follows another rule.

01:34:38--> 01:35:00

Okay, so this is one of its exceptions, the exceptions to this rule. Yeah. So this is why we have to be careful and we're going to come to a question is, can we use the 50 rules to formulate opinions? Are they enough? The strongest opinion that they are not enough but they contribute in the process? Because they are, as they say, our lobby, they are not all inclusive.

01:35:00--> 01:35:21

Given a salary there is a small percentage percentage that's considered to be an exception. So what if the case we're dealing with is actually one of those exceptions. So this is why it's only contributes to the formulation of 50 opinions. But it's not the only the only source and it should not be the only source. Yes, sisters. No questions. Okay. Brothers.

01:35:24--> 01:35:26

I have a question also with regards to

01:35:27--> 01:35:27

like,

01:35:29--> 01:35:30

when you have a situation where

01:35:36--> 01:35:37

Oh, yeah, so so if you haven't.

01:35:43--> 01:35:44

Okay, no problem.

01:35:46--> 01:35:51

No problem. We can okay. If there is no questions, Mommy, well, you can ask me later on Sharla. Obviously, I just

01:35:52--> 01:36:16

saw laughs Mohammed when he was happy, we meet next week. I would appreciate it if you can prepare some read through the book through the English one, that would be very helpful inshallah. So you can find it the book you can find it on, just Google it, and it will come up a PDF, you can download it. Again, it's legal Maxim's of Islamic jurisprudence by Mischka University baalak law vehicle