Moutasem al-Hameedy – The Maxims Of Fiqh – Class 2

Moutasem al-Hameedy
AI: Summary © The speakers discuss the importance of learning the principles and habits of the Islam world to improve understanding of the general patterns and dynamics of work. They stress the need to learn to be a good student of knowledge and avoid jeopardizing one's life. They also discuss the importance of preserving one's life and preserving their intellectual property, as it is a fundamental rule in Islam. The speakers provide examples and examples of regulations and exclusions that can be applied to individuals, as well as the importance of practice and practice in one's life.
AI: Transcript ©
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he'll be Alameen wa salatu salam O Allah so you didn't know him I didn't know how to and he also had a domain and all that

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so this is the

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supposed to be the second meeting or the second session in this class I'll how are they clear the Maxim's the legal Maxim's of alpha 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 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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We set 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 feet a boy has got food or heckuva difficult coli. Allergies, Fi a lot have a difficulty. It's by Dr. Muhammad, South Korea. Alboran.

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Albon. It's a very good book. excellent book. It's part of a bigger series, he has a whole encyclopedia on the Maxim's of

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and this one is actually just talks about the main rules, the mean 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 and English that we will be using as well. And you can find it online. As soon as you Google.

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

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

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So they have compiled 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 alcohol. Getting into alcohol, something here 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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Well, do

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you have to have all

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okay, well, though, is a shot is a condition for the validity of the prayer.

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That's the hokum that's the Foothill ruling.

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And what's the proof? It's the verse and spirit, Elma EDA, versus the IUL, livina, hermano either come to illustrative Assalamu alaikum wa raffia. They won't say who will say como Angela, Camila Cabaye. Will who believe when you stand up in prayer. That means before that, you wash your faces and your hands up to the elbows. You walk over your heads and we wash your feet. So this is what * so in fact, there's a countless number a number of rulings. There are so many rulings about salah so many rulings about the law, so many rulings about Hajj, about fasting about the cat. There's a huge, huge number of rulings, about jihad, about business transactions about funerals and

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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 they 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 the Islamic world and so on and so forth. So this is a collateral for key it takes you to another level, a different level, a different approach to the study. And what does it talk about? It talks about the general patterns, the underlying dynamics of that

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So the reality of that's the reality of a commodity. 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, study Islam in general, and it keeps studying, you will see a very common theme that appears in almost every ruling in almost every room and that's basically what Allah Subhana Allah says you read Allah who become a looser Allah you read to become a Rasul Allah wants is for you, and he doesn't intend to put you in hardship. You This is a difficulty this is for Kim axon. So from this was taken.

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Ella Michelle Carter Djibouti, see 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 salah, they have to get seated, if they stand up, it might exacerbate their medical condition. So that's my shock causes hardship, that's hum. So what's the ruling, they can precede it,

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they can precede it. 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 solids. 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 Sharia. 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 Haram is putting you in extreme hardship and maybe jeopardizes your safety and your life, then what happens it becomes Helen, it becomes hella, 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 salallahu Salam

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at the time of the companions of the Prophet Salam 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 active care or 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 share

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Shandra, Amanda Sadie and his stewardship of note, they mean when they talk about footcandle COVID. They say, No one can master FERC unless they learn a wide why because mastering our admins, you master the principles. So you know how Phil Collins

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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 adults are clear. And they have mustard sort of like he told them what what does the chef at EMA that 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 Furka 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 give it our I think they can advise people if think 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 are now oftentimes when you're speaking to a congregation, someone will come up and they will say, you know, you said something like this, where is this in Islam? 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 Kiyokawa it in in those general principles and within the logic of the general principles because this one

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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 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's a general pattern. There's a general pattern.

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For example, of certain verbs like drive 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 the prefer to work you don't have to learn each each

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each each of this there's a joke.

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As basically you know, in

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

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swim, swam, swam, 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 apparently tinkering with something, maybe it's his smartphone or something. So the teacher says to him in Arabic in,

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in the like, slang language. Yeah. He says, Speak. Speak means basically, what's wrong with you speak. So the boy is quiz called the rhythm, right? So he thought that the teacher was asking him and it was a verb. So he said, I said, should be X Box begin, right?

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So it is the same thing.

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So colliders are pretty much the same. Pretty much they show you the pattern, the pattern, the underlying patterns. So you can see where Islam is going with all of this thing. And it shows you the asset of Sharia as well. Shows you the macaws, it shows you, you know, generally speaking, what are these objectives within Islam? What is 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 collide. The Maxim's, you'll learn the principles, then you can arrive at mastery, you can arrive at

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it this way, 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 the 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 elkaar ADA which is alcova is the plural we Maxim's are the rules. And Allah either one, okay, means the rule or the foundation or the maximum one maximum.

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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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AKA 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 among scholars where Kawa, these Maxim's of work. Are they all inclusive? Like they apply across the board? There are no exceptions, or are they preponderance, preponderance in the same in the sense are actually not all

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All Inclusive completely. But they apply to the majority of the cases, let's say 90% of the cases. So there are there's, 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 exemptions. 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 arrivals area, 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. Sheikh Mustafa Zacchara himolla, one of the great scholars of soil, and our difficulty, he passed away.

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Like he lived in the in the 20th century, he was one of the really masters of counseling, 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. 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 instances of a different rule. And that's it. So he says, it's more about perception, it's 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 Alcoa Delphi or the 40. Maxim's there are the ones that are called our Al Khalifa al Kubra, Alcoa, el Kalia to Al Kubra. That means, we need to learn this Arabic terminology or khoy el crea al Kubra they translated as normative the normative legal Maxim's normative legal Maxim's, these are the major ones, these are the major ones, very generic and apply almost everywhere. No hammock Allah.

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So they call in the Translate normative legal

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

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So they are agreeable to all these colors and all the metal hubs. 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 al Masha Gato, technically bootay seer, which means Alma Shaka digital Bucha, 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 this hardship, is it out, the companions of the Prophet SAW Salem, they were in a on a journey. One of them had a *. It was cold weather. And he previously had an injury had had an injury in his head. So his head was cut. So that night, he had a *. He woke up in a state of journal Geneva impurity. So he

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needed to do to also Oh, okay, so he asked me, he said, Do I have an excuse not to make a whistle. It's called a cold weather and in the desert, it does get cold at night. And you can 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 what you have to, you know, take a full bath, take a full awesome, and when someone has been injured in their head, and it's a cut, basically it seems these people were in, 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 called and he died as a result, when the news came to the prophets of salaam he said Cthulhu cartella home Allah, they killed him, may Allah kill them.

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And these are companions. The province of KwaZulu Natal la Mola, helus, l, LM e LM.

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They should ask if they don't know they should ask. In the metro, she felt well, yes, 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 she goes. That's how all of Islam works. This is why people hold themselves today

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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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it really blew my mind a couple of days ago. Unintentionally, I happened 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 brothers seems frequents the masjid. And he sees himself as a student of knowledge. And hopefully he is. So basically, they were having 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 here.

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

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The child isn't as 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 Salah Allah will reject it.

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And the little boy says Allah will reject my salah. And he can tell he was scared. And he was having a sense of guilt. Three, four years old.

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You're aware 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's a hat. It's haram to wear these pants. You throw these away, and you give me some loose pants. So Allah can accept myself

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that's kind of rhetoric that pushes our kids away from Islam and teach you what to teach this child first this child is not is not accountable. He's not mckenith 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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that Allah with all His Majesty, he's chasing kids for what they were right for pens

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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 or into matters of preference and mainly personal preference

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and then jeopardize

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the you know certain things about you know, the interests of these Muslims, sometimes the welfare of various Muslims 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 his the Prophet Solomon hedge when people were coming to him I missed this I missed that I can't do this problem says If Allah Allah Hi Raj do no harm no harm no harm. Take it easy take it easy the prophets Allah Salam sent more as the Companions Mohammed bin Jebel to the to Yemen and he said to them, yes, Sierra, wala to Sierra make things easy. Do not seek hardship. Do not seek to

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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 all of what Islam really means. People think if I'm taking 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, Sara will lead to SEO but Sheila, Tina Farah, give people you know, a good face a sense of optimism about with 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 mashup Koto label at TCU, that hardship begets ease when there is hardship. Absolutely, Islam is going to bring his some scholars put this in a different fashion and a different style are in Arabic, they say either Allah Allah Maru, Tessa,

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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 loosen up for it. It's not going to be easy. Now, why is it when you speak to some students of knowledge, sometimes people you know who are in the field of data, you feel that you 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 I believe the approach to fix today has to be has to be really in a great 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 faith that makes them rigid, that makes them

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

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Second type of Alcoa added for clear they call them our A do l juice E to L Cobra alcova l juice iya l 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 this a bit narrower than the first type, what are their characteristics, they are agreeable to all scholars and OLMA 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 a fall under the first type and example of them a lot all are taught to be holy mackerel, rot, and math. All right, on the right, we have a hovel, right necessities permit the prohibited

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necessities make the prohibited permissible.

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This is agree 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 Allah Masha cottage Libertas, 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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A little raw to to be home Hello rod. So

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lead the prohibitions to become allowable. allowable, 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 the master of Sharia in the causes of Sharia.

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So, basically we have in the master 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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Dean 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 Jenna, 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 Jana, and to do what it takes to make it to Jenner and make it taller. Every human being has this right. This is the main objective in Islam. And that's why everything in Islam was put there.

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You're gonna find this everywhere. This is the main method in Islam, okay, to preserve the religion, why? Because it's about preserving your asker 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 their and their freedom to practice the truth is there.

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

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And then 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 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 law, 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 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

00:32:24 --> 00:32:28

reason that justified reason means they violated something bigger. But it's not the point.

00:32:29 --> 00:32:30

Then preserving

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


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 --> 00:32:50

They're not, they're not actually living, they're just physically living.

00:32:51 --> 00:32:54

They cannot choose they cannot recognize the truth from falsehood.

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

So they're not accountable. So preserving that well, this is why for example, Hungary's Helen, in toxicon Salam because they take away your sense of mind, it goes away.

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

Fourth, preserving people's what honor sense of honor and honor and lineage and history 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 is 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 --> 00:34:13

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

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

your sense of the normal sense of stability and life is taken away. So you can't focus on anything, you're troubled. You're scared, you're frightened. So and you cannot even you cannot guarantee to run your affairs if you don't, you don't feel safe your money is there 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 a prohibited make it makes it permissible while that necessity lasts. Why? Because when life is being jeopardized, life is being jeopardized.

00:34:56 --> 00:35:00

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

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

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 an eating pork, but save someone's life, so that part of saving the life, saving a life is higher in rank than keeping away from pork 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.

00:35:49 --> 00:35:56

So, when life is jeopardized, or it is at risk, and the only way to preserve it is to commit something that is haram.

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? Understand this, that's important to understand. Okay. So that's why this is where this rule comes from. So how all necessities make the impermissible hella, they make it accessible, or Okay, allowable.

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

So you can see, Islam is not do don't write all 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 Volkswagen for Kia.

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


00:36:57 --> 00:37:24

l Kalia. A ye roll Cobra alcova l Kalia are your old Cobra none normative, legal, Maxim's, this is not This is almost the opposite of the first one non normative. The first one is what are the non normative legal Maxim's these are non normative legal, Maxim's they are agreed upon by all scholars them and

00:37:25 --> 00:37:31

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 --> 00:37:49

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

00:37:52 --> 00:38:07

they apply to one field of field not to everything they apply to one field so there could be about what specifically have nothing to do with Salah have nothing to do with Zika have nothing to do with

00:38:08 --> 00:38:14

transactions have nothing to do with Hajj is just has to do with verbal 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 facade roof well I love it. Yeah Manhattanville masala, facade roof for a year, Manhattan build masala that means the rulers 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 rule for Allah Yemen automall masala, 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 a rigid, it tells you 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

there will be limiting. They might apply here but not apply there. They 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 tombery 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 you say a statement they take it in a vacuum

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

You take it in a vacuum.

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

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

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

The fourth type

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

of Alcoa, hundreds of here they are called Ebola,

00:40:17 --> 00:40:20

Ebola, Ebola Anwar, but

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

they translate them as controllers, controllers.

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

Controllers, the singular is double 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


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

okay, their characteristics, there is a difference of opinion among the scholars, so they're not agreed upon by everyone. There could be specific to certain methods, like the Hanafi madhhab has its own, the Robert Jaffe method will find 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 methods 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 in some places, but there's no they don't apply everywhere.

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


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

So they have some generality, 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 MME have specialized in these methods 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

some could look a ferret in suburbia and that so yeah, for he ll for Kulu Cafferty sebou ha see atone for here lol for every

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

every Kafala 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 Farah Okay, Erica Farah.

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

That is caused by disobedience by a sin by a Marcia is supposed to be fulfilled immediately. Immediately. So firstly, you you you were traveling in 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 do alone and how she said I used to fast my miss days from Ramadan in Shaban springform Allah next year Kwinana children Obeah rasool Allah is also that we used to be busy with the affairs of the prophets of Allah and your Salah.

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

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

00:43:33 --> 00:43:35

Originally they are discussed in

00:43:36 --> 00:43:43

two cases, you have to do something immediately. Or you have the luxury to do it whenever you want. The first one is called Alpha.

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


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

The second one is called a Taraki. Ella Taraki. It can have you have time, you can do it. Anytime there's no rush to do it. So could look a fallout in southern Ohio masliah for Halo four, 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 --> 00:44:13

approached their wife intimately, they had sexual * during the

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

days of Ramadan.

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

During the days from Allah, that's like a Farah there right now. 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 I'll do it later on. No, you have to do it straightaway. So any follow up 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 above it. This is above it. 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

of Alcoa.

00:45:02 --> 00:45:14

Sharla, after Asia, we will take a glimpse into the history of Alcoa idyllically. As in the history of they'll provide Alfie Barak low FICO masala loves it and

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

so we'll carry on after Aisha Chawla

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

hamdu lillah wa salatu salam ala Rasulillah Allah they also have been 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 key 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 a collaborative for to have these Maxim's or rules of filth, 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 we find them there, we can find some of them were actually were formulated or stated by some of the companions of the Prophet SAW so long as they were given fit our and some of them came about later on by a tablet in the beginning of the program, and then the scholars is 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 --> 01:16:44

Maxim's that were taken from the Prophet Solomon I was considered to be one of the main ones.

01:16:46 --> 01:16:51

The statement of the Prophet SAW Salem la Bharara while doing a lot on narration, bla bla bla bla bla bla Phyllis.

01:16:52 --> 01:17:04

Now dadada Well, Islam forbids people to cause detriment on themselves or on others. Or in other word 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 heaven becomes haram Islamically. Anything that causes any kind of harm on someone else becomes also haram in Islam also becomes haram 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. Mahatama. McCall, that will show Okay, and the short Macapagal alto oak and assurance that means the rights decisively lean on provisions are 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

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

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


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 prophets of Salaam and what we know now and that should all be him. The believers should stand by their conditions, the conditions that they agreed upon.

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

Okay, so this is Mikado and the shuttle

01:19:33 --> 01:19:39

under MacArthur 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 --> 01:19:55

There's a statement from Illumina a bit by lib min parser Maribeth at Illumina really

01:19:56 --> 01:19:57


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

This is about transactions, he says

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

is 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 business goes bad, they lose the money, they still owe you the money. There's no guarantee or there is a guarantee. Why because you're just a lender.

01:20:33 --> 01:20:50

But if someone goes with you into businesses, okay, I'm gonna put in the money you put in the effort, okay, based on a 6040 percentage break up, 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 an economic

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

from the taboo in the followers of the companions.

01:21:08 --> 01:21:26

There's a statement from Shorai Abdulhadi al kindI he said mashallah, Papa he and the euro MCRA hinfo Hua Yi, Min Shaw, bah, bah yarmulke him 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, let's say someone goes into once someone wants to get married. So he proposes for this woman. And

01:21:39 --> 01:21:44

they agree on a say $10,000 As Dory mod. He says,

01:21:45 --> 01:21:46


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, becomes successful, I'm gonna add another 10,000 So the amount will be 20,000 He put this condition 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 is sealed.

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


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

Matura Tata, Andrei Rama Callahan for Hua Li. And there's a statement from Jubail abnormal ame

01:22:27 --> 01:22:37

men apart. We're in the Navy in Elsom now who, whoever states something should be responsible for it on basically anyone who confesses, confesses.

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

Like let's say there is.

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

Two people dispute the ownership over 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 inside says, No, you know, 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 rules as 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 tabbing, when they were given that hour. 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.

01:24:08 --> 01:24:10

And there's another for example.

01:24:14 --> 01:24:32

Dread generations that came after the taboo in like Abu Yusuf Akali, the students of Ibn Taymiyyah. In his book famous book of knowledge, he makes a maximum he created a maximum he says, zero in an imam Allah Kadri Eva mille Jeromy was slavery. Atrazine is the penal law

01:24:33 --> 01:24:59

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 mandate. These are called ataxia, ataxia. They are open punishment, the Imam can assess the situation or the judge or the governor can assess the situation. If you're 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 Imam 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

01:25:13 --> 01:25:37

based origin is taken from Hadith but it was also from the book of Abu Yusuf he says cool lumen Matt I mean a Muslim in Walla Walla, Walla, whatever is familiar holy baiting man, any believer who passes away and there is no IRS he has no people to inherit money, no relatives. He's cut off completely. His money goes to beta the man bait Alma

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

Imam Shafi for example, in his book and I'm

01:25:53 --> 01:26:04

one of the Maxim's or Alcoa Adelphia here that he stipulated was beautiful one of Rojas will allow you to add behalf we who

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

are Rojas law you to add who are 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. 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

01:26:39 --> 01:26:42

is find something that's a bit more realistic

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

someone goes through surgery and it makes it hard for them to pray while standing in their back saying surgery in their back. So they spent the for for let's say, maybe one month 40 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 this 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 pray. 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. For example, there's this one and from Shafia as well he says a row Casola Taku in learning mobile year of em Malossi 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 among 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 who 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 the debate among scholars. So a chef a according to his Maxim the maximum he formulated he says no you 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 Loubet

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

oh a 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 Hanafi Miller Hanafi scholars, they paid great attention great attention to refer key Maxim's great attention to for key Maxim's so you will have for example, a Ben new Jay mill Hanafi. He wrote the famous book alash Bessho nulla. And it's about a spelling about it's about Maxim's for key Maxim's and Prince rules like this. You have a booth at WC as well. Hanafy. He wrote a book on these Maxim's these are among the early ones. So the Hanafi fact a lot of it in the early stages as well consistent

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