The Maxims Of Fiqh 03

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 08, 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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Hamad

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Hamad

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hamdu Lillahi Rabbil alameen wa salatu salam ala Sayyidina Muhammad wa ala alihi wa sahbihi Germaine or bat. So this is our third session, Chawla on the maxims of

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just to have a bit more insight into the maxims of Africa. It's a dilemma, most of the time to translate the concept, because we have, although we we spoke about the difference between also Luther and ultraviolet are the foundations, the foundations of faith. And these are basically the rules that show us how we deduce rulings from texts. How do we handle the texts? Okay, what are the general rules that govern the deduction process, which is how do we understand the texts in order to take from them rulings? So there are principles and there are parameters and there are guidelines that we should follow in order for our deduction, or the rulings that we extract from evidence from

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textual evidence to be correct and authentic?

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Or clear is different, is completely different kind of science, or although it's quite related, but it is more as we said, general rules that seem to apply to a huge number or an endless number of 50 rulings of 50 rulings. So they're basically more about patterns, General patterns that are noticeable noticeable in Sharia, that when you see Sharia for example, you will see there is a very strong tendency towards ease making things easy, making things more practical. So this is a general feature. So this is why this general feature was written down as a maxim as one of the rules of thumb. Some scholars like to call these Maxim's theories, theories. Why because, although some of

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them are based on evidence from the Quran and the Sunnah, some, some of them even the very wording of them is actually taken from the Quran and the Sunnah. But

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still, they are

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a theory, it's a human effort to see what the general rules in Islam are. So this is why some of the scholars call them nobody yet and nobody yet alpha key another yet alpha here, they are actually theories for key theories, like in any discipline or any science, when you notice a recurring theme, and it happens over and over again, say for example,

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lung cancer is more prevalent among smokers, when you make a study, and you actually find a strong correlation between smoking and lung cancer, then you arrive at the conclusion that you know, there is a strong link. So this is a general feature, smoking tends to increase the possibility or the probability of someone getting lung cancer.

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So this is why some scholars call them and Nevada yet in fact, here 40 theories for key theories, this is more of a recent, more recent was widely used mainly by chef Mustafa zurka. And then there was a complete study done by a very powerful scholar in that field. This is fat he and Delaney fat he at Delaney.

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He actually had the research called a novel yet

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another yet he is

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talking about the history of alcohol or the maxims of film. We said in the early times, that some of the profits of a number of times of the companions of the Prophet sallallahu alayhi wa sallam.

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Some of those Maxim's, or some of those theories were stated, some of them are in the Koran, you'll find them clear there. For example, Elisa was released

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a lot by our hot runner

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and a long bear will hold on Madiba. So any transaction that meets the criteria of Riba of usury, then it is considered to be a river, any transaction that falls naturally under buying and selling and is considered to be beta. So the original state of any transaction is actually it's Helen. Why because it's been unless we find out that is it's more in line with a river, then we make it we consider it to to follow that category. So it becomes a column This is a general rule. This is a general rule.

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Then you will find for example, laws Montana says you read a lot will be common use robbery to become alguacil allowance is allowance to bring ease to you a lot doesn't want to bring hardship. So this is as well.

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The This is a maximum. This is a 30 Max, it's a theory. It's a recurrent theme throughout the Islamic rulings. And then we said from the process of them, there are

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statements that were taken as general rules like an immortal or like an animal, Mr. Lubin net

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the actions are considered based on their intentions, which is basically became one of the main rules on the main Maxim's. And then the competitors of the promises. And then there were some some statements, some observations that they saw. So they made these statements and they became some kind of Maxim's so that shows that the scholars of the early times, even afterwards, that Abilene that were thinking in such a systematic way about them, so they did not see fit, as fragmented as compartmentalised as dispersed kind of rulings that are disconnected. No, they could see general themes running through Islam, general principles and phenomena that are running through all the

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rulings that we find in Islam. So these are general features, and they codify them in certain statements. And these statements became later on to be known.

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So the earliest scholars, most of their thinking about fifth and about Islam was actually run by this kind of understanding this was in the background of their minds, they could see patterns. And today, any expert in any field, what actually sets them apart from others, is this kind of systematic understanding. So they don't necessarily know each, each example or each case, individually. But they know the general themes that run through this whole system. They know it, and they, they understand how these general themes govern that science or that discipline. So this is exactly how the earliest scholars were actually relating to film. So they saw it more as more

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systematic. And this is why a lot of the statements came from them. Like the rest of them, we said, you will find a lot of the rulings or all of these Maxim's and theories are actually found in the early books of great scholars like abuse of alcohol. In his book, Alhaji in his book alcoholic, abusive alcoholic, he became the main judge in the herbicide caliphate. And he left the embassy, he became the manager, a main judge. So

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he wrote this book for governance of Herat for how to run, how to run taxation, how to run taxation, and how to run issues of general Policy and Governance is why he wrote the book. He voted as a constitution to run the state. And on that in that aspect. So you will when we mentioned last week, some of the statements some of the rulings or some of the Maxim's in his book, that are actually were taken as co opted for key. So that shows you the systematic approach that the scholars always had to fuck. Also, Al Mohammed will has an shibani in some of his books, you will find a lot of Maxim's we mentioned in the magma sheffy as well, in his book alone, his book alone there were many

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Maxim's that were taken, for example, one of the Maxim's that we mentioned last week from his book alone, was it Allah Allah Maru attesa if things become a bit tight, then surely I will give about ease would bring about is what does that mean? That means there will be concessions, there will be exemptions, there will be exceptions. So Sharia will bring about is if there is a difficult situation, then the Sharia will loosen its rulings there. So when someone is in necessity, some of the heroin things will actually become had, why in order to alleviate or remove complete the necessity or that condition completely

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towards the fourth century after Hadrian, that means 300 something

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during that fourth century, this is the time where tech lead became more rampant tech lead become Starfleet is more of a blind for this less creativity among the scholars, in terms of there was less creativity there was more about following earlier scholars and copying them and copying them. So, most of the efforts of the at that time was to take the literature and the contributions of the earliest colors and try to classify them, explain them expound upon them, but nothing substantially new was introduced into fifth. So this is why it was considered by the scholars during this fourth century, to be the beginning of a tech lead era, which is more of a stagnation, some level of

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stagnation. In fact, this actually allowed the scholars to try to codify the contributions of early scholars into Maxim's into general rules.

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So they tried to figure out and this actually helped support or help give rise to the science of colliding here to more than two distinct

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science.

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So among the earlier ones we said last week as well that the henna fees were among the earliest, the earliest scholars to start this kind of discipline will disappear. So we'll find, for example, one of the main scholars of kirkley

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LLC, he wrote his book, which is the Salah to karate, it's a little coffee and

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the it was about these Maxim's such Maxim's. And then we mentioned above they did WC also hanafy was a WC, he wrote a book called se, so novel, that see some novel, abou Zaid, WC.

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principles, principles, rules, Maxim's theories

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about the as we said, the general rules that seem to be running through the whole body of

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work.

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Then afterwards, towards the fifth century, we have some other books started to appear to appear as well. other books started to appear, and specifically talking about the wide so the title our ad became well established, as Maxim's, and it became a specific science. So you will have scholars actually writing books on ultra wide so we have, for example, an Imam Allah Deen Mohammed bin Hamad Al Bundy. This is 514. After the year 540. After Hazel, he wrote a book called a logical

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explanation of the Maxim's explanation of the Maxim's

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towards the seventh,

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the seventh century, which is 600, something

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more books, this this was more of a revival era for our ad. So there were more books written, then amongst the most outstanding, the famous book of

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as Dean, and has been at the salon as the Dean of

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the Shafi scholars as the Dean of non discipline or is Islam. He wrote, one of the most beautiful books ever written in Islam is called our idol.

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Our idol,

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famous Island and

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this book is among the most outstanding books in the history of Islam, really so beautifully written, full of Maxim's full of theories that are quite

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enlightening when it comes to selling Islam.

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The chef is Excel during this time, the chef is took the lead in terms of writing about allied chef scholars of the Chateau de menthe have actually expanded their knowledge there, and they develop this power at big time. So there has been abdeslam as a Shafi, there were other scholars as well, who will share theories and you will find them in the, in the English like texts that we recommended. And shall offer next time we'll start reading so I'll get one of the students if any, anyone has like a

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laptop or tablet where they can actually

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read help us that would challenge because we said we're gonna follow the old style of teaching, which is one of the students will be reading and they will be commenting on the text. And we'll be moving on like that inshallah.

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America amalickiah also wrote some books, but as we said, the main thing was, are the ones who excelled where the chef is, in the eighth century after his role, which is 700, something that was more more books produced on ultra wide.

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So some of the books that are there, I think you'll find some of them as well in the English book. There's an ash back when Navarre, yBnL, wakita, Shafi, Alaska, Nevada, and Nevada. It means

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things that are similar, and things that are

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different similarities and differences, similarities and differences. So these rules will mention so many cases that are identical, although on the surface, they seem to be different. So these are Ashburn and Nevada, they are different. There might seem to be similar cases, but they're actually different, completely different cases. So the the colors are

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kaleidoscopically are focused on these two aspects, the similarities that bring so many cases into under one rule. And they focused on certain 15 cases that seem to be similar on the surface, but they are actually different. So that would be telling and showing the differences. And that would be shown showing the similarities.

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So many books were written under the name and ashba. One novel The similarities and the differences, the similarities and the differences about one another, so we'll have plenty of them. I mean, there were Kelly chef who wrote a book under this title. Tag Dena Suki, one of the great scholars of Chavez wrote a book on this Jamal deal is knowing as well

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wrote a book on this better a dean is sirkeci as well, all of these Shafi hits

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the road.

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He wrote a note as he wrote something else, it's not an issue.

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But we have later on we'll come to a cod assumably who's shafia as well, he wrote algebra one another.

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So the, throughout that time, these centuries, a lot of these books started to come. And so it was more of codifying the mothership under these Maxim's codifying them under these Maxim's in order to give them more system and more structure. So that's what they actually these Maxim's actually do, they give structure to them,

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they give structure. So instead of it being scattered fatawa and verdicts here and there, now a became systematic, you can see the general rules, there's a general rules that apply almost everywhere. And we said there will always be exceptions, but these exceptions are a minority, and they belong to a different rule. So the rules actually run across the board.

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So inshallah, we will, I will leave the details about these in all these books that were written during the fourth, fifth, sixth, seventh, eighth, ninth centuries, that time, where a lot of books started to write specifically the books that were written

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on a wide on the Maxim's were specific so we'll find the shaft is writing on shaft phase, the Hanafi is writing on the Malik is reading medicover Campbell is writing on hanbali. That's it. So it's only in recent times and the scholars started to bring about all of these Maxim's together in one place. And see see the similarities among them.

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By the way, these Maxim's and rules are actually very practical not only in physics, but in even in life, they can give you guidelines even for life, they can shape and sculpt your way of thinking in a very practical fashion. Very practical fashion. And the reason is Sharia or Islam and life. They're connected. They are connected. Islam is very practical. It's only sometimes some of its adherence, some of the people who hold on to it or try to teach it sometimes they actually have issues but Islam itself is highly practical, how it does not lose its essence or its ethics in order to condone reality or the status quo, no. But it recognizes and acknowledges the status quo or the

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reality actual reality. And then it presents solutions that are practical to move reality or the actual reality to a better place. That's what Sheree is, so let's take some examples that really clarifies these things. So one of the these are things just crossed my mind my mind now to show you how these 50 Maxim's are actually very powerful the scholars say

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Fie our partner haha

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you're vulnerable

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to party fitna you're vulnerable,

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at the times of ease and tranquility. That means when truth is established,

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we give precedence to justice.

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We give precedence to justice. For example, someone took or you had a transaction with someone or some kind of a project partnership with someone and a dispute happened.

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You actually chase it until you get your right

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you chase it until you get your right and the person gets the rights so no one you know, takes an advantage of the other one.

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Well, I can feel party fitna your level

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During

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the times of fitna times of trial times of turmoil, what do you do? That's for your personal dealings? You give precedence to forgiveness. So you might overlook some of your rights. So you have either you have fuddled, you have adult which is justice. Exactly, you get your right I get my right. But fumbling means you're gonna

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overlook some of your rights.

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That's during the term all times. Why? Because chasing justice is very difficult at times of fitna, and it could lead to greater evil, you could easily put your life at risk for the sake of chasing your right.

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So this is why I'm not a fan. What did the scholars take some of this like some of the examples of this man, I'm not a fan of the Allahu anhu when he was the halifa, and some of the

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some of the coverage, they came in surrounded Medina, and then surrounded his house, the companions wanted to fight them, right? and protect, he said, No, don't protect my house.

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They even came and killed him. And he did not defend himself. Why is he knew that this is a time of fitness. This time of fitness, if he were to find these people pretended to be Muslims. They were actually Muslims. But they were on a corrupt understanding. And they were as well, the strings were pulled by some external forces.

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I'm not a fan. He did not treat them with justice. With adult he treated them with what fuddle

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so he did not fight them in Medina. Why? Because he did not want to create a fight among the Muslims. He said, I don't want to be the cause of Muslims shedding the blood of other Muslims.

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So he even sacrificed his life for that.

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And even though he thought about the law when he was frustrated, he said, you know, Why are you stopping us from defending you from defending your house pushing these people away? Because these people set a seizure on the house of Elisa.

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That was very turbulent time. And even hopper got frustrated to the extent that he wanted to leave Medina he said, like I feel helpless, because I want to defend the halifa Well, halifa has given us commands and orders not to, you know,

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you know, not to create any dispute with these guys.

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So that's the time of fitna you treat people with photos so you might overlook some of your rights. Someone might wronged you, you let it go. You let it go. Why? Because you're trying to preserve a greater benefit. Because sometimes you might have a dispute or fight over a small right of yours, where you actually

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causing a greater

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kind of evil to bring about to go to come about, so you need to be careful. Another one of the Maxim's generally the

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the scholars say Alma mela to our nichetto melbournian lol masama

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What am I am Allah tomainia Allah, Allah Masha

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dealings transactions dealing with people, if it's about nica if it's about marriages it's built upon forgiveness

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It's not given take don't make it given ticket there is an element of given take but be lenient there be easygoing. But when it comes to transactions, business, melbournian Ira moesha. Eye for an eye, tooth for a tooth. Right given take. It's all about rights. So the scholars have differently they found this pattern in rulings in Islam when it comes to marriage. When it comes to marriage, there's a lot of leniency there is a lot of wiggle room, right? We're not so adamant. These are my rights, you need to give me my rights to because it's a it's about preserving the family. It's about human interaction. So there's a lot of space, a lot of space to accommodate, accommodate. Okay, you

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pull a little bit and you let loose a little bit in order for this life to continue this marriage to continue. But when it comes to business, it's about rights. It's about aka we can't like have partnership, I put 550 percent you put 50% when profits come you take 70% and you give me 30% say no. In business, it's about transaction, you go and buy something okay and there's no price on it. Sometimes you have to you know argue about the price. You have to argue about the price specifically now it's a lot of these things are priced already that's one price, but like in different countries, if you don't argue over the price, I mean you're gonna pay double the price maybe or triple the

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price. So you need to you need to be careful. So this is as well you will find this in Islam and Sharia it's all about when you when you find transactions, all about everyone.

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Getting there, right. But when it comes to marriage, yes, there is the foundation of rights and obligations. But we are more easygoing. There. We're not so specific. You know, imagine a husband is saying like, he's chasing his wife all the day. That's my right. That's my right. These are my rights. You can't do this. You can't do that. That's my right. That's my right. That's not even a life. Or the wife is chasing her husband. He wants to let's say, for example, someone calls him at 10 o'clock. Listen, I'm stuck in on the highway, and he didn't help. His wife says, that's my right. You stay here. It's my friend. He's in trouble. He hasn't got road assistance.

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So I need to help him he stuck. It says no, no, these are my rights. You have to give me my rights, these obligations stay home. Things don't work like this. And I'm orange.

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So some of the rulings let's take some of the some of them from

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that are actually very, very practical as well that we can see the practicality there. As I said, these are taken from people who have studied Islam studied the rulings and they have seen these patterns or these.

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This kind of

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in these. Yeah, these patterns, they found them to be consistent everywhere consistent, whether you're dealing with had you dealing with supply. These are all consistent, consistent across the board. For example, one of the one of these Maxim's in El Mercado de la escoto, Bill madjozi. And who, in El Matador lives quotable magazine, who know what a person is capable to do, is not waived.

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Because of something else he cannot do. That's his explanation. What does that mean?

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Matador law escoto. Bill Maher josiane.

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Someone owes you

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$10,000.

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He's incapable.

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Now he's financially stuck, incapable his cases completely helpless.

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But he can pay you 3000

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he has 3000 he can pay?

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Can the judge say the settle the payment? Okay. I mean, that's what he can pay you 3000? Would you like it? Take it or leave it?

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Let's settle this once and for all.

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We say no.

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If he can give 3000 he gives 3007 1000. Stays, it's pending. He has to pay it. That's an outstanding debt.

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Whenever he can pay it, he should pay it. It does not get waived. It does not get waived. Someone for example,

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is unable to stand up during the prayer. They had surgery in their back. They had surgery in their back. So what do they do? They cannot stand up. But they can make record. And that's an issue with people sometimes. So they cannot stand up. But they can make or they can make sujood let's say that's more specific. They can make sujood prostration. They can make it. So he says okay, I can't stand up. So what do I do? I pray on the chair. So when a man says hello, but he's behind the man and he is alone on his chair, he makes a call on his chair. And the problem with a lot of these people they make subdued as well on the chair, but you can make to do it right. He can get off his

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chair and go and make sure to no issues no harm on his back.

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Here el Matador on Nakamura Hill is portable madjozi I know

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what this person is able to do does not get waved because there's something else he cannot do.

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So he cannot stand up. Okay, during Salah that's fine, that's waived, but that doesn't mean everything else a lot is waived as well like Institute as well. Steven do it on the chair. No, you can do sudo you do sudo

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Is that clear? So this is well these are examples we take an examples because you know taking so much theory sometimes it could be so abstract and this this might be problematic and understanding.

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And now the room will happen bill Adam

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and neither will happen will Adam so beautiful things that are rare. Like rare occurrences

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should be treated

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as

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what would be the word ladder.

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Yeah, but would be a good way to put it. So rarities art

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treated as,

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as in

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South Africa verities are and should be treated the same way. impossibilities are or not. Okay, it's not impossible there's a word but somehow it's not coming up.

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Okay, so rare cases, okay, are treated like cases that that won't happen, like impossibilities. How what would be an example of this or some practical application of this? Let's say,

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I'm trying to think find a good example that

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an ideal won't happen.

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But

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yes, let's say someone is selling a product, someone is selling a product.

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They found out, they found out

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out of, let's say this, now the government wants to make other like,

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condone this product, or

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create a ban on it.

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This product, it's a health product

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in 1000, cases, one out of each 1000, it creates some side effects, negative side effects.

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When 1000 people take it in one case, it creates negative side effects, it creates negative side effects. Now, should the government condone this or not?

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This rule applies, since there is great benefit for this product. And, you know, one case out of 1000 is a rarity, isn't it? That's a rare case. So we treat it as nothing. We treat it as nothing. Yeah. This is how the general ruling applies there.

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Let's say someone wants to make

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what someone wants to make. And they say, Okay,

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I want to use, for example,

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let's say spring water that says there's a creek, I want to make Hulu and that Creek. But in that province, say there is about 10,000 creeks. And because there used to be some factories in certain areas. Some of these are actually polluted and fulfil polluted and filthy and the water has become impure. But a normal person cannot tell if that water is pure or not. They cannot tell. So I'm in that province, I want to make more. So maybe there are 10 cases or 20. creeks out of 10,000 that are polluted, but we don't we don't know where they are. We don't know where they are. Exactly. So this creek that I'm making a note from could be one of those. But 10 out of or 20 out of a 10,000 that's

00:33:16--> 00:33:25

a rarity. That's a small thing insignificant. So how do we treat it? We treated that it's pure, forget it don't investigate. As simple as that. Okay.

00:33:39--> 00:34:23

Anyway, so there are many, there are many other rules. But these are just examples that hopefully, do you see, these are actually practical, they help you even deal with? Like someone says, should I buy an iPhone or a Samsung phone? Well, how many faulty devices there are plenty right? out of, let's say 10,000. And they still find 50 probably they say or 100 are actually faulty. But you still go and buy it. You still go and buy it. You take your chances. Why? Because it's a rarity. It's it's impractical. It doesn't make sense for me to dismiss a whole thing like this just because of a very minute possibility that something could go wrong could go wrong. So this is also logical, you can

00:34:23--> 00:34:30

see so this shows as well the logical side and within the US running through the Islamic rulings.

00:34:56--> 00:34:57

Okay, this small one

00:35:00--> 00:35:07

That's a good one as well to take it as an example. And if no little fee with a little work Allah can give me lovely.

00:35:08--> 00:35:13

If not a little fee, but a little work Allah can evening lfv

00:35:15--> 00:35:16

is a very important one.

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

This is a Babak, by the way. Remember we explained the different categories of Maxim's This is law, but it's very specific. It's very specific. It's taken from the general, Part A the general Maxim, which is

00:35:36--> 00:35:39

the most common. And Adam hochma. All

00:35:41--> 00:35:41

of

00:35:44--> 00:35:46

what does that mean? That mean the names of the people,

00:35:47--> 00:35:53

the norms of the people, let's say, in one country, in one country,

00:35:58--> 00:35:59

if the general

00:36:00--> 00:36:05

understanding of the people don't understanding of the people, that

00:36:07--> 00:36:09

if a police officer stops you,

00:36:10--> 00:36:15

police officer stops, stops you. And he says, or he gives you a ticket,

00:36:16--> 00:36:17

gives you a ticket.

00:36:19--> 00:36:23

If you do not contest, or

00:36:25--> 00:36:30

make an objection on the spot, that automatically means you accepted it.

00:36:32--> 00:36:33

You accepted it.

00:36:34--> 00:36:38

Okay, that's a general rule that people this is how the system has been working.

00:36:42--> 00:36:48

So someone was stopped by a police officer, and they were given a ticket, and they did not contest it.

00:36:49--> 00:36:50

They did not contest it.

00:36:52--> 00:37:11

Now, he goes to a judge the state as a Muslim country, okay, he goes to a judge, and he says, He gave me a ticket. But I did not consent to it, I did not consented, the judge would say, since you are you've grown up in this country, you're a resident of this country, you know, the norms in this country.

00:37:13--> 00:37:19

You know that saying nothing is actually an approval. So we have approved to it, so you have to pay it,

00:37:20--> 00:37:21

you have to pay it.

00:37:22--> 00:37:29

You see the let's say someone, this happens a lot in business. In a lot of businesses sometimes.

00:37:33--> 00:37:36

Like in an auction, someone makes a bid.

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

In that auction, the URL of the general rule has become this is how the norm has developed over the years, is that if you make a bid, and for 20 seconds, no one makes another bid. It falls on you, you get the deal.

00:37:55--> 00:38:30

So let's say you made a bid and 20 seconds passed, no one made a bid. It's yours. This product is yours. And you have to he can't You can't pull out of it. Now. You can't pull out of it. You have it's it's a deal. It's an agreement. But you might say well, I did not make an agreement. I did not say Look at this, and I'm going to buy this. And I can't pull out You can't say this why because this is a general rule, this is how the system has been running. This is how the system has been running. So we have to understand this, these are important things. So what does this mean sometimes things that are not stated.

00:38:31--> 00:38:58

If this is how things have been running all the way if you engage in that system, you are bound by it. Even though you haven't made a statement, if a certain gesture or a certain stance that you take has for example, legal, legal or financial consequences and implications you are bound by them. You are bound by them this is why the power of the power of okay.

00:39:02--> 00:39:03

In

00:39:06--> 00:39:11

in certain areas in the Muslim country, although it's not a recommended practice, but like if two families

00:39:12--> 00:39:18

get together. One family asked for the daughter of the old family for their son.

00:39:19--> 00:39:30

Some of those they cited Fatiha in some of these countries the restriction of Al Fatiha signifies a job and COBOL signifies acceptance.

00:39:32--> 00:39:39

Basically, if the father of the boy or the young man says, okay, we want your daughter in marriage.

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

If the although this is disputed, by the way, by this clause because in in marriage, it has to be stated but this clause would still take this, if the father of the daughter said, This recital Fatiha for them. This is a statement of acceptance. This is how it's been running through this country.

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

Although we don't recommend this practice, but we saying these are sometimes the scholars, so, later on, if the father of the daughter pulls out of the marriage,

00:40:09--> 00:40:15

the judge will say but you gave you wet. So if you want to pull out of the marriage, it becomes harder, not divorce.

00:40:16--> 00:40:25

So there are consequences. Okay. So the oath, the norms of the people how people understand things, okay, gestures, words,

00:40:26--> 00:40:37

how they apply, then all of these abounding, binding, they are binding, and once you enter into the system, you're part of it. Okay, we'll carry on Sharla after Solo

00:40:38--> 00:40:39

Solo Solo

01:09:36--> 01:09:46

hamdulillah camino salatu salam ala Sayidina Muhammad in Raja Sabha. As you may have added some of this take some a bit more

01:09:48--> 01:09:59

Maxim's or provide there are actually beneficial and helpful. I want to give you a bit more exposure, more exposure to the cover here before we delve into the main ones included

01:10:00--> 01:10:03

Yeah, the the the more inclusive ones.

01:10:15--> 01:10:17

We have, for example,

01:10:25--> 01:10:37

lava diva magazine when I have Armand madala. There is no obligation with inability. And there is no, how long or impermissibility with necessity.

01:10:39--> 01:11:00

That's the general rule. What does it mean? If someone is incapable of doing something in Islam, someone is incapable of fasting physically is unable to fast. There's no obligation. It doesn't fast. But there is a cafaro there's an expiation. Someone says no fasting is an obligation you have to this is not from Islam.

01:11:01--> 01:11:49

So when there is inability, there is no obligation in Islam, logic Ma Ma ajisen. There's someone who is incapable say, oh, when you pray, you have to stand up PM, someone cannot stand up, you can't force them to stand up. It becomes it loses the the level of worship or obligation upon them. So they have a concession, when there is inability, there is no obligation. And when there is necessity, there is no harm. There's no how long someone in order to survive. The only way for them to do as we said, the only thing available is to eat something how long, that's the only way for them to survive. Otherwise, most likely they would die. That makes the heroin here permissible.

01:11:49--> 01:11:52

There's nothing about how long here?

01:11:54--> 01:12:04

Again, like an issue happened here in the midst of months ago, months ago, a brother came with a question. He said, I

01:12:05--> 01:12:06

came to the masjid.

01:12:08--> 01:12:08

And

01:12:09--> 01:12:16

the first line was full. The first line was full. So I walked in.

01:12:19--> 01:12:36

And there was another brother who entered into the masala area with me and almost the same time. So I told them, okay, you take that left that spot. There was one spot left at the end of the first roll. I told him you take it. I'm going to send the second line. He said no.

01:12:37--> 01:12:47

So he walks with me to the second line, he left that spot open or vacant. And he stood up with me. I remember in that slot, I had some people speaking

01:12:48--> 01:12:52

like for like for a period of time. And it seemed to be like a heated argument.

01:12:54--> 01:13:01

But after this a lot. So this rather said he told me that I came in and there was this guy as well. The same time I told him you take this spot out, I will start a new line.

01:13:02--> 01:13:11

But he said to me, no, you can't start a line by yourself. Your Salah will be invalid. So tell them but that's fine. I mean, there's no no other choice.

01:13:12--> 01:13:20

He said no, no, no, no, no. So we can arguing for a few seconds. Until finally he just joined me in the second line of that we prayed.

01:13:21--> 01:13:50

So he came and asked me I said, Okay, let's not deal with it personally. Generally speaking, if someone comes, the first line is our first row is complete. They can start a second line, no problem. They can pray by themselves. In the second line, someone comes and joins them. That's better. But no one joins them. They can still pray, aligned by themselves. They are they make a line by themselves. And they complete their prayer normal. There's nothing wrong. Now the other brother overheard this. And he said,

01:13:51--> 01:13:53

Where did you get this from? straightaway?

01:13:56--> 01:13:58

You come down that's not how the way we do these things.

01:14:00--> 01:14:02

By says no, the prophet SAW Selim says

01:14:04--> 01:14:14

Salatu. The he said the Hadith in English, but is very towheaded. Salatin said the hunt for Sophie la de la salata in for the loss of alpha SOF,

01:14:16--> 01:14:21

that person making a line by himself behind the roll is unacceptable.

01:14:23--> 01:14:59

I totally missed that it is there. But it doesn't indicate what you're talking about. In this case here. The scholars have different about this. And the majority of the scholars say no, he can stand up in the line by himself. And there is no other way. There's no other choice. He says was the scholars who say that, okay, that's not the way that we discuss. That's not a fight. So the rascals he said, gentlemen, bear said this, and this is fine. No problem. So I said, Listen, I'm not gonna get into this. The brother asked the question I asked the question regardless. And we said it's not personal. But so anyway,

01:15:00--> 01:15:00

The issue is that

01:15:02--> 01:15:17

sometimes people don't understand what's going on. So there was a group of brothers who were sitting in the back. And then these brothers actually, where they saw the whole thing. And they built a narrative around this. They said,

01:15:18--> 01:15:20

The brother had the point.

01:15:21--> 01:15:32

He mentioned the Hadeeth. And they said, the Imam, he just said, there's a difference among the scholars. But he said, That's not what it's known. We have Hadith, there's no issue of the difference among the scholars.

01:15:33--> 01:15:48

So how Allah, that's our dilemma these days, people have learned a little bit, and then they want to make rulings. They want to make rulings. That's the issue. Now, when the scholars differ, the difference of the scholars doesn't go against the Hadith.

01:15:49--> 01:15:55

A lot of people have evil thoughts about our scholars, I don't know where they got it from. A lot of people like,

01:15:56--> 01:16:02

like they follow a certain scholar. Yeah. Because that's the best of their ability. That's the best of their knowledge.

01:16:03--> 01:16:19

Then you say, yeah, this scholar says this, but the Hadith says something else. Do you think the scholars and most likely the scholars know about this, do you think these scholars would on purpose go against it? Or do you think you have more knowledge than these colors? That you know that it means they don't know?

01:16:21--> 01:17:04

Now, if a scholar was speaking, I would say yes, I mean, you're a scholar, you're entitled to do your opinion, you're such a such a high caliber, fine, you can say this scholar made a mistake, I would take that. But for someone like me Is someone like you, General Muslims, there's no limits, we should no limits. So the issue in this case, is that the scholars have different about this. Why? Because they said, if someone comes, and they find no space in the role, and they have to make a roll by themselves, what other option do they have? There's no other option. So we apply here the rule loud Obama abs. So someone, it's obligatory upon them to be in the line with someone else. But

01:17:05--> 01:17:14

there's no someone else, I'm by myself. And this happens, you come in after the amount had already started. And you come the first row is full, there's no place for us to squeeze in.

01:17:16--> 01:17:30

So you find yourself stuck, you're gonna wait for someone else. Or somebody says you pull someone from the first line. But the scholars have explained, there are some scholars who hold this opinion, by the way, but because I've explained, they say, you have cut off a line.

01:17:32--> 01:17:43

And that's how long that's how long for a line to be complete. And then you make it incomplete. You cannot do this. And this has been never been narrated from the prophets of Salaam, all the companions, they pulled someone from a line.

01:17:45--> 01:18:15

So what do you do you have no other option, just pray. That's the only option. You can always still keep waiting until the man finishes his salad, no one shows up. And obviously, that's worse than you praying behind the line. So I'll handle the majority of the scholars say no, you establish a line by yourself and you pray someone joins you later on fine. They don't join you. There's nothing wrong with your slot. Why? Because they're wired up my edge. There is no obligation upon you. There's inability, I can't create someone and put them next to me to make a line. Okay, so need we need to,

01:18:16--> 01:18:47

you know, sometimes someone learns, he learns a verse and they think they know where it applies. You need to know there are other Heidi, there are other principles, that everything works in context, you need to see how they work together. That's the only way we can understand Sharia otherwise, it's easy for someone to Oh, that's a ruling that's a hadith and then you go everyone, Islam doesn't work like this at all. We saw that the scholars have always had these guidelines. They saw Islam as a system a systematic, there is this beautiful system that runs through it.

01:18:48--> 01:18:49

Okay.

01:18:53--> 01:18:54

So again,

01:18:55--> 01:18:58

someone does not find water to make

01:19:00--> 01:19:08

or for some reason they have an illness illness in their skin. They should not touch moist or water.

01:19:10--> 01:19:11

You can pray without What do

01:19:13--> 01:19:19

you say? No, no, no, you have to make although no, you don't have if you are incapable of using water now for World War, you do tempo

01:19:21--> 01:19:26

rajib magazine, and there is no ability, there's no obligation is waived.

01:19:30--> 01:19:34

Okay, so these are important. Like these are some examples.

01:19:35--> 01:19:36

Again,

01:19:39--> 01:19:59

that's a beautiful Maxim as well. And this is good exposure to mercury message delivery. ob halyna masahito. Raja, this is taken from and I'm gonna walk that in a minute. This is a maxim applied. It's very general as well. My Halima said the new Daria will be headed in Masato Raja. What is it

01:20:00--> 01:20:09

We translated things that are Haram in Islam are two types, Haram, only Dotty things that are haram because of themselves.

01:20:10--> 01:20:18

Zina is haram because of itself. It is how long the act of Zina is how long? The act of Zina itself is how long Riba

01:20:20--> 01:20:21

itself is how long

01:20:22--> 01:20:25

but there are things that are made in Islam, how long

01:20:26--> 01:20:52

although they might be a little bit good. There might be some goodness in them, but they were made how long because they lead to a greater how long and this is called Mahatma Gandhi v. Omaha. Mom said then her mom said then, for example, a man dealing with a woman in any human interaction, you need to look into the person's face, right? normal human interaction, you look in their face, they look in your face.

01:20:55--> 01:20:58

Now, but it's that umaid looking at women, how long

01:21:00--> 01:21:09

for a man to look at for like a stranger woman. How, why? Cuz this is likely to awake within themselves, the desire,

01:21:10--> 01:21:11

the desire for

01:21:12--> 01:21:13

maybe relationship

01:21:15--> 01:21:36

is this has an impact on him. So when someone looks there's a woman basically, that awakens their sexual desires, and they might recreate human emotional attachment. So this is why Islam made lowering the gaze and obligation. So I made looking at women who are foreign to you heroin. Why?

01:21:38--> 01:21:43

Because it could lead to Zina. It could lead to emotional attachment.

01:21:44--> 01:22:06

But when there is a benefit, I must say, there are instances where you can actually look at a woman, you can look at a woman and not only her face, you can try to look at as much as possible, as much as you can look at her. Why, if you want to marry her, you will you want to marry a woman she's still a foreigner to you. The prophet SAW Selim says,

01:22:07--> 01:22:11

Phil young ver, Ella Mae Maya drew in Anika he

01:22:12--> 01:22:18

lived the person who wants to marry a woman let him look at whatever could get him to marry her.

01:22:20--> 01:22:30

What does that mean? If you manage to see this woman, obviously not stick into houses, all private places. But if you happen to see this woman, even without her scarf,

01:22:31--> 01:22:38

she happened to be visiting, maybe she's your sister's friend. She happened to be in your house. Okay?

01:22:39--> 01:22:41

she happened to be in that room.

01:22:42--> 01:22:48

She doesn't know that you could see her and you really want to marry her? You can look at her hair. You can look at her without scarf.

01:22:49--> 01:22:59

Do you say oh no looking at a woman is how long? No, if you have an intention to marry her, and you just want to see if she's the kind of person that you would marry. You can look at her.

01:23:01--> 01:23:05

Why? Because there's a greater benefit to people getting married and unmarried.

01:23:08--> 01:23:10

So in Islam, whatever is made Haram,

01:23:11--> 01:23:44

for example, now, the issue of photography, scholars like this and this debate among scholars, is it really atmosphere or is it not? Even the scholars who say to us we're is how long they say photography is However, there are some scholars who hold this opinion, they say photography is how long these scholars themselves, they say, when there is a benefit. Like for example, having an ID you need your photograph there a passport, you need it. So because you need it, and because it's beneficial, governments can still use that.

01:23:46--> 01:24:08

Why? Because it's needed, there is benefit to recognize people. Otherwise fraud is possible. People could hide hijack, or, you know, hijack someone else's identity and so on and so forth. So even these cars, they say photography is wrong, but when there is a need for it, that's fine. Not even a necessity but a need. Okay, so

01:24:09--> 01:24:15

normally that is something that's haram by itself, it becomes only highlighted in times of necessity,

01:24:16--> 01:24:23

things that are held on because they lead to something how long, how long or how long suddenly

01:24:25--> 01:24:30

this becomes halaal when there is hajer when there is a need, not necessarily necessity.

01:24:32--> 01:24:33

There is no need okay.

01:24:39--> 01:24:42

So these are again, these are examples of these

01:24:43--> 01:24:44

Maxim's

01:25:02--> 01:25:04

I'm not going to get more details.

01:25:05--> 01:25:07

But I want you to

01:25:09--> 01:25:27

as you read through the book and the book is, as well as legal Maxim's of Islamic jurisprudence, this is published by Michigan University, okay. Legal Maxim's of Islamic jurisprudence, you need to download the book, you need to read the most significant books. in that field.

01:25:28--> 01:25:34

You need to read the most significant books we mentioned previously, the resellers in Karachi,

01:25:36--> 01:25:43

Texas, another by a WC, WC, these are important ones, as Dean or Allah has been at the salon.

01:25:44--> 01:25:52

This is very important. And others these are Hana fees. And there are other methods as well. So you'll find a lot of them here.

01:25:54--> 01:26:00

Each method they put the books that are actually on a wide following for each method

01:26:04--> 01:26:12

and then ensure a law I think it's time for us inshallah to start getting into the cover because we want to get into the heart. So we said there are

01:26:16--> 01:26:25

a dozen el cobre ecological, el COVID, we call them in English was the name of the given English so

01:26:27--> 01:26:30

our kuliah to El como

01:26:31--> 01:26:34

Okay, they are normative legal Maxim's

01:26:35--> 01:26:38

normative legal Maxim's

01:26:39--> 01:26:49

the scholars have agreed on five or six, okay, five or six, these five or six apply across the board everywhere.

01:26:50--> 01:27:02

These are normative legal Maxim's they are inclusive, and they apply everywhere they are agreed upon by all the mothership. And you'll find them running through Islam wherever you go. So these are the main five or main six.

01:27:10--> 01:27:13

So next week, we'll start dealing with them one after the other.

01:27:14--> 01:27:19

So, this is the main substance of the course, this is the main substance everything else was an introduction.

01:27:21--> 01:27:49

So we will take each item each Maxim see where it comes from, look at the wording of it, see where it comes from. And then take some other Maxim's that branch out of it. And then we see applications, we will see applications this will give us a very good insight into, by the way, will give us a lot of insight into so as we study each or equilibria, one of those big rules or big Maxim's we will study underneath some of the

01:27:50--> 01:28:35

lesser ones, the the branch, the branch outs, will study some of those branch outs and show their utility as well, why they have branched out why, why don't we just keep them under the main rule. Now the branches as well, they give a different twist, each one gives a different twist to different application. So we will show a lot focus on these and we will try to take as many examples as possible, and maybe try to apply some exam some of the rules on issues that are relevant to, you know, the challenges we face. Today, inshallah. Okay, so I think that's enough for today. schelotto Next week, we'll have a new start with the qualification, but you need to go back to the book, and

01:28:35--> 01:28:59

do your own part of reading. So I didn't go over everything I just touched on the main things, try to put things in context, you need to read and find out for yourself the rest of it, the names of the books, the scholars, the historic historical development as well, how it developed. So we rushed through it by you need to develop a bit more precise understanding of how it developed over the centuries. Any questions?

01:29:03--> 01:29:03

Any questions?

01:29:15--> 01:29:18

The award actually would not conflict with each other, but

01:29:19--> 01:29:23

a person might they might seem to be at some stage.

01:29:24--> 01:29:30

What happens usually among the among the scholars, they, they they call this accidental?

01:29:32--> 01:29:42

were two rules with one case seem to overlap in the sense this case or should we only disclose this language because it helps to have

01:29:45--> 01:29:51

this rule does it apply to this or this case does not apply to this maximum or to this maximum.

01:29:52--> 01:29:54

This is where the scholars sometimes differ.

01:29:55--> 01:30:00

But the rules as rules they actually don't agree they are quite complex.

01:30:00--> 01:30:32

Hannibal, as we said, they actually signify and they bear the fruit of this kind of systematic study of Islam. So they are quite compatible especially for the normative ones the bigger ones and the ones that branch out of them but for Baba but we said they are madhhab specific and sometimes they are area specific. Yeah topic specific. So these when they are applied where they belong, there is no contradiction. Yeah. So there's overlap sometimes and there's also titled sometimes they seem to be

01:30:33--> 01:30:47

at a discrepancy like they are conflicting with each other but in reality there's no conflict. Yeah, where one ends the other one starts, but where do we find define this? This is where people could differ as the issue

01:30:51--> 01:30:52

questions.

01:30:53--> 01:31:11

Nothing okay. If there are no questions, inshallah we conclude. So meet next week, as I said, try to get the book if anyone can, like have it on their laptop or their tablet or even the phone if it's a big screen, they can read from it. inshallah, we'll try to read from the book and then make comments to Zack mula Hara. So last

01:31:13--> 01:31:13

names ibmc

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

way