The Maxims Of Fiqh – Class 3

Moutasem al-Hameedy

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Channel: Moutasem al-Hameedy

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AI: Summary © The Maxim's of fun to have more insight into the concept is discussed, including the importance of understanding the text and the general rules of Islam. The history of the Maxim's is also discussed, including the use of a river and the concept of "the culture of the Middle East." The importance of protecting family and human behavior is emphasized, along with the importance of understanding rules and finding a way to act in the face of others. The speakers also discuss the use of photo photography and other books in various fields, including art.
AI: Transcript ©
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Jahaz Mohamed

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Hamad

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Al hamdu Lillahi Rabbil Alameen wa salatu salam ala Sayyidina Muhammad wa ala alihi wa sahbihi Jemaine Obed. So this is our third session Shala on the Maxim's of fun just to have a bit more insight into the Maxim's because it's a dilemma or most of the time to translate the concept, because we have, although we we spoke about the difference between Oslo, and Alcoa. So let's talk about 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

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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 textual evidence to be correct and authentic?

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Our answer clear is different is completely different kinds 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 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 felt. Some scholars like to call these Maxim's theories, theories. Why because, although

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some of them are based on evidence from the Quran and the Sunnah, 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 p another yet Alpha clear, they are actually theories for P 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 for key theories for key theories. This is more of a recent, more recent It was widely used mainly by Chef Mustafa Zylka. And then there was a complete study done by a very powerful scholar in that field. This is Fatima Delaney fit he, a doula uni.

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He actually had a research called a novel yet

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another year to 40 years.

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Talking about the history of Alcoa head or the maxims of faith, we said in the early times, that some of the prophets of salaam, the 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 Quran, you will find them clear there, for example, Malaysia was released halaal by our one

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hand alone where were held 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 bait. So the original state of any transaction is actually Tallinn. 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 follow that category. So it becomes haram. This is a general rule. This is a general rule.

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Then you will find, for example, last month and it says you read Allah will be compulsory. What are you ready to be commercial Allah once is Allah wants to bring ease to you. Allah doesn't want to bring hardship. So this is as well.

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The this is a maximum. This is a *ing Maxim. It's a theory. It's a recurrent theme throughout the Islamic rulings. And then we said from the process Salam, there are

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statements that were taken as general rules like a moral or like a minimal amount of money yet

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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 companions of the prophets of Salaam, their wisdom, 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, the terrible in that were thinking in such a systematic way about so they did not see fit, as fragmented, as compartmentalized 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 codified them in certain statements. And these statements became later on to be known as our alpha clear. So the early scholars, most of their thinking about faith 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,

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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 early scholars were actually relating to. So they saw fit more as more systematic. And this is why a lot of the statements came from them. Like the rest of them who 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 Abu Yusuf, I'll call them in his book, Al Herat. In his book, I'll highlight a beautiful colleague, he became the main judge in the herbicide

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caliphate. And he left the embassy, he became the money main judge. So

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he wrote this book for governance, Alhaji 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 I'll Herat, he wrote it 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 our aid for Kenya. So that shows you the systematic approach that the scholars always had to fit. Also al Mohamed will has an A che Barney in some of his books, you will find a lot of Maxim's we mentioned in the mammoth Shafia as well in his book alone, his vocal arm

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there were many Maxim's that were taken. For example, one of the Maxim's that we mentioned last week from his book alone was either Allah al Amro or Tessa. If things become a bit tight, then Sharia will give about is will 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 ease if there is a difficult situation, then the Sharia will loosen its rulings there. So when someone is in necessity, some of the Haram things will actually become hidden. 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 tougher lead is more of a blind for there's less creativity among the scholars in terms of folk, there was less creativity there was more about following earlier scholars and copying them and copying them. So most of the efforts of the Fatah at that time was to take the literature and the contributions of the early scholars and try to classify them, explain them, expound upon them, but nothing substantially new was introduced into the book. So this is why it was considered by the scholars during this fourth century, to be the beginning of a tech lead to create era, which is more

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of a stagnation, some level of stagnation and this actually allowed the scholars to try to codify the contributions of early scholars into Maxim's into general rules.

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They tried to figure out and this actually helped support or help give rise to the science of providing for tier two 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 HANA fees were among the earliest, the earliest scholars to start this kind of discipline with our added fact here. So we'll find for example, one of the main scholars or querque al Kelce. He wrote his book, which is besotted with querque, bizarre little quirky and

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the it was about these Maxim's such Maxim's. And then we mentioned ammos aidid WC. Also, Hannity was at the Boosey he wrote a book called that season novel, that season 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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Africa.

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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 Hawaii. 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 alpha. So we have, for example, an imam again, Mohammed bin Salman Bundy, this is 514. After the year 540. After his law, he wrote a book called a law one hour 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 there amongst the most outstanding the famous book of

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SDN. And it's been Abdus Salam, as the dean of

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the Shafi scholars is Dean of Nanda Salam o Allah is in lambda Sinha. He wrote one of the most beautiful books ever written in Islam, it's called our idol.

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Our idol,

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famous Allah had 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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like enlightening when it comes to studying Islam.

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The Shaffir is excelled during this time the Shaffir is took the lead in terms of writing about alkaloid Shafi scholars of the Shafi madhhab actually expanded their knowledge there, and they develop this hour at big time. So there's been Abdus Salam was 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 Sharla. From next time, we'll start reading so I'll get one of these students, if any, anyone has like a

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laptop or tablet where they can actually read help us that would show up because we said we're going to 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 in Sharla.

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In America, Maliki also wrote some books, but as we said, the main thing was, are the ones who excelled were at the Shaffir. He's 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, and I think you'll find some of them as well in the English book. There's an extra one Nevada immunol Vakili, Shafee, alegebra, one Nevada, and ashba. At 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 aren't mesh bear, and Nevada. They are different. There might seem to be similar cases, but they're actually different, completely different cases. So the these colors

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of our faculty are focused on these two aspects, the similarities that bring so many cases into under one rule. And they focused on certain cases that seem to be similar on the surface, but they're actually different. So there would be telling and showing the differences, and there would be Charlotte showing the similarities.

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So many books were written under the name, and ashba will now boil the similarities and the differences, similarities and the differences as well one another, so we'll have plenty of them. I mean, there were Keeley Shephard, who wrote a book under this title tag with Dina subkey, one of the great scholars of Chavez wrote a book on this jamaludin is knowing as well

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wrote a book on this better Dini Sirkeci, as well, all of these Shafi hits

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the road

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here or

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not as the cashier or something else, it's not an inch behind the bar.

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But we have later on we'll come to a cod assumably, who's Shafi as well here on 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 muda hip under these Maxim's codifying them under these Maxim's in order to give them more system and more structure. So that's what the 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 room. 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 chef is writing on chef as the Hanafi is writing on behalf of the Malik is what medieval combat is writing on humbly *. That's it. So it's only in recent times that the scholar started to bring about all of these Maxim's together in one place, and still see the similarities among them

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by the way, these Maxim's and rules are actually very practical, not only in facts, 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. What it does not lose its essence or its ethics

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in order to condone reality or the status quo, no. But it recognizes and acknowledges the status quo or the reality actual reality. And then it presents solutions that are practical, to move reality of the actual reality to a better place. That's what Sharia is. So let's take some examples that really clarifies these things. So one of the these are things that just crossed my mind in my mind now to show you how these 50 are Maxim's are actually very powerful

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The Scholars say

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fi Oh Ha ha ha.

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You're gullible adult.

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Wolfie Oh article fitna your level fogal

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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 it right and the person gets the right so no one you know, takes advantage of the other one.

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Well, I can feel it will fitna your level.

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trouble

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at 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 adult you have fuddled. You have adult which is justice. Exactly. You get your right I get my right. But further 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 Earth man, I'm not a fan. What did the scholars take some of this some of the examples of this earth madam Nathanael, the Allahu anhu, when he was the Khalifa 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? Because he knew that this is a time of fitna. This time of fitna, 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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And I'm not a fan, he did not treat them with justice. With adult he treated them with what father

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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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I don't even know if we talked 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 the Felisa

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that was very turbulent time. I even got frustrated to the extent that he wanted to leave Medina he said, like I feel helpless, because I want to defend the Khalifa Burj Khalifa 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 fertile 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 Almora mela to our nichetto Mabini Yun al Musa Maha

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one more arm Allah to my beanie Yeah, to 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 give and take. Yeah, there is an element of give and take but be lenient, there be easygoing. But when it comes to transactions, business, medallion item, OSHA, eye for an eye, tooth for a tooth, right, give and take. It's all about rights. So the scholars have differentiated 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.

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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 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 a couple we can't like have partnership. I put five 50% 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 specific like now it's a lot of these

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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 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 were not so specific. Imagine a husband say 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, I need your help. His wife says, That's my right. You stay here. It's my friend. He's in trouble. He hasn't got roadside 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 him all right. So these are your obligations stay home. Things don't work like this in a marriage.

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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 consistently consistent across the board. For example, one of the one of these Maxim's in El Mercado, la la. Yes. Go to Bill Maher. jusy. And

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in El marcador, lyase, autobill, madjozi. I know, you know, what a person is capable to do

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is not waived.

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

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El Mercado la Escoto Bill Maher, Josie, and

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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 case is 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'll see, you know,

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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 an imam says Allahu Akbar he's behind the Imam and he's Allahu Akbar on his chair. He makes your call on his chair. And the problem with a lot of these people, they make you do this well on the chair, but you can make some dude right. He can get off

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

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Here l Malcador. Or Mark neuroglia hilarious portable modules. Ya know

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what this person is able to do does not get waived 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 is Allah is waived as well like St. Jude as well hello 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 you could be so abstract and this this might be problematic and understanding

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and now the room will happen will Adam

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and neither will happen will Adam as a 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

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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 non

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South Africa, rarities are and should be treated the same way. impossibilities are or manipulated. 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 of

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a nerdy one will happen.

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

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They found out,

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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 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.

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This is how the general ruling applies there.

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Let's say someone wants to make we'll do what someone wants to make order. And they say okay,

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I want to use, for example.

00:32:31--> 00:33:16

Let's say spring water that says there's a creek I want to make window 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 filthy, 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 will do. 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

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

That's a rarity. That's a small thing and insignificant. So how do we treat it? Which we did that is pure Forget it don't investigate as simple as that. Okay.

00:33:39--> 00:34:22

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 who 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 At least you will find 50 Probably they say oh 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 minut possibility that something could go wrong could go wrong. So this is also logical

00:34:22--> 00:34:30

you could 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, let's move on

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

That's a good one as well to take it as an example. Isn't a lot of fee your body actually Wirkkala cool, isn't it lovely?

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

Is no annual fee but a little Wirkkala can give me a laugh away.

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

It's a very important one

00:35:24--> 00:35:36

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 partido general Maxim, which is Adam.

00:35:38--> 00:35:41

And Adam had come on our earth. A lot of

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

what does that mean? That means the norms 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, Oh, 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 to say that's a Muslim country, okay. He goes to a judge, and he says, he gave me a ticket. But I did not consensus 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 you 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. And 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 oath the general rule has become this is how the norm has developed over 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 econ 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, listen, 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 the 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 over off the power of 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 other family for their son.

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

Some of those they recited Fatiha in some of these countries and resuscitation of Al Fatiha signifies a German cabal 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 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 holer not divorce.

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

So there are consequences. Okay. So the earth 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 are bounding, binding, they are binding and once you enter into the system, you're part of it. Okay, we'll carry on Charlotte after solo

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

solo solo.

01:09:36--> 01:09:59

I'm a little bit Alaminos salatu salam ala Sayyidina Muhammad wa ala alihi wa sahbihi edge Amin. Although there are some of the sticks some a bit more Maxim's are provided that are actually beneficial and helpful. I want to give you more bit more exposure, more exposure to the fact here before we delve into the main ones and cooling

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

laoire geven, I just didn't want to haram in Medora there is no obligation with any ability. And there is no haram or impermissibility with necessity.

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

That's a 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. He doesn't fast. But there's a Kafala there's an expiation. Someone says no fasting is an obligation you have to this is not from Islam.

01:11:01--> 01:11:15

So when there is inability, there is no obligation in Islam. Now watch Ma Ma ajisen. There's someone who is incapable say, oh, when you pray, you have to stand up PM,

01:11:16--> 01:11:52

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 haram there's no haram someone in order to survive the only way for them to do as we said, the only thing available is to eat something haram. That's the only way for them to survive. Otherwise, most likely they would die. That makes the Haram here permissible. There's nothing about haram here.

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

Again, like an issue happened here in the masjid 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 the masala area with me at almost the same time. So I told him, Okay, you take that left that spot. There was one spot left at the end of the first row. I told him, You take it. I'm gonna send the second line. He said no.

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

So he walked 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 the Salah, so this brother said, he told me that I came in and there was this guy as well. The same time I told him you take the 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 that said 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 a 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 a line 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

Salah will fit the he said in a hadith in English but he's referring to Hadith Salah to fit the Khalifa Sufi letters. Allah salata in for the loss of alphas of

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

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

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

I totally missed the hadith is there but the Hadith doesn't indicate what you're talking about. In this case here. The scholars have differed 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 there was consistent chief members 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 said 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 Hadith. And they said, the Imam, he just said, there's a difference among the scholars. But he said, That's not what Islam we have Hadith, there's no issue of the difference among the scholars.

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

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

01:16:21--> 01:17:03

Now, if a scholar was speaking, I would say yes, I mean, you're a scholar, you're entitled to direct 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 and someone like you, general Muslims, let's know our limits, We should know our 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 roll, and they have to make a roll by themselves, what other options do they have? That no other option so we apply here the rule laowai Obama ads. So someone, it's obligatory upon them to be in the line with someone

01:17:03--> 01:17:14

else. But there's no someone else. I'm by myself and this happens, you come in, after the Imam 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 going to wait for someone else. Or somebody says you pull someone from the first line by 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 haram. That's haram 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 put 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 Oh, you still keep waiting until the Imam finishes his salah, no one shows up. And obviously that's worse than you praying behind the line. So alhamdulillah 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 there are words Obama adds there's no obligation upon you if 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 a hadith or learns a verse And they think they know where it applies. No, you need to know there are other Hadith or 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 rolling that's a hadith and then you got 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 or illness in their skin. They should not touch moist or water

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

you can pray with our door

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 tiempo

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

la wajib magazine on there is inability there's no wajib 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--> 01:20:00

that's a beautiful maximum as well and this is a good exposure to get my Halima said then Lydia will be halal masala, Hatha Raja. This is taken from now on walk the enemy. This is a maxim acquire ADA is very general as well. Ma Halima said the need the RIA will be held in most lateral Raja, what is it? How

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

We translated things that are haram in Islam are two types will help them only dirty things that are haram because of themselves.

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

Zina is haram because of itself it is held on the act of Zina is haram. The act of Zina itself is haram riba

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

itself is haram.

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

But there are things that are made in Islam haram.

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 haram because they lead to a greater haram. And this is called Mohammed Levy. On Harlem said then the area harder said than the barrier, 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 on your face.

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

Now, but it's like a maid looking at women, how long

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

for a man to look at for a lucky stranger woman how and why? Because 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--> 01:21:35

is this has an impact on him. So when someone looks stares at a woman, basically, that's awakens their sexual desires. And it might recreate human emotional attachment. So this is why Islam made lowering the gaze and obligation so he made looking at women who are foreign to you haram. 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 Salem says

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

Phil young ver illa ma Maya who ilani care he

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

let 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 or 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--> 01:22:59

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. You say oh no looking at woman is haram. 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 that two people get in marriage in a marriage.

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, is this debate among scholars, is it really atmosphere or is it not? Even the scholars who say it as we are is how long they say photography is one there are some scholars who hold this opinion, they say photography is haram. These scholars themselves they say, when there is a benefit, like for example, having an ID you need your photograph their a passport, you need it. So because you need it and because it's beneficial, governments can still use that.

01:23:46--> 01:24:15

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 haram, but when there is a need for it, that's fine. Not even a necessity but a need okay. So have somebody that is something that's haram by itself. It becomes only Halal in times of necessity,

01:24:16--> 01:24:30

things that are haram because they lead to something haram haram lady or haram said then live there Yeah. This becomes halal, when there is hedger when there is a need, not necessarily a necessity.

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

There is a 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

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

I'm

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

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 resultant querque

01:25:36--> 01:25:52

that sees another by a WC abusing the WC these are important ones as dean or lesbian Abdus Salam Allah. This is very important. And others these are Hannah fields and there are other mother as well. So you'll find a lot of them here.

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

Each month have they put the books that are actually on a wide following follow each month

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

and then Insha Allah, I think it's time for us inshallah to start getting into the cover because we want to get into the art. So you said there are

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

acaba there's Khalil, Cobra acaba de Khalil Cobra, what did we call them in English? was the name of that given English to them.

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

Our Kalia to Al Kubra

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

okay. They are normative legal Maxim's

01:26:35--> 01:26:37

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, every word.

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 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 bio each maximum, 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 either qualia, 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 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 a 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 Shala to next week, we'll have a new start with a politically, but you need to go back to the book, and do

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

your own power 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, but 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?

01:29:05--> 01:29:09

Are there ever situations where that collides with conflict with one another?

01:29:11--> 01:29:13

Other How would you reconcile that if

01:29:15--> 01:29:23

the award actually would not conflict with each other, but if a person might they might seem to be at some stage?

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

What happens usually among the this among the scholars, they they call this at the devil?

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

Where two rules with one case seem to overlap in the sense this case, or should we end this call? Is this the language of this court held to coverage and I had

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 what it's called sometimes differ.

01:29:55--> 01:29:59

By the rules as rules. They actually don't say green. They're quiet calm.