Transcript for:
Lecture on Islamic Jurisprudence (Fiqh)

okay you know in order for us to finish on time let's let's just go over a little bit of an introduction here I have a few points talked about concerning lambda and concerning the company mother have been along the inception Jenner and so on but I would love first as I did with an MMO II rahamallah I would love to start by reading the introduction of mmm no Kodama to his book London after all starting with the breath you know praise of allah subhanaw taala is the best way to start a you know a class will share with us just a few details they didn't write you know sort of the contemporary professional preface or introduction that we are right now there is the would explain everything about the methodology of the book and so on the introductions used to be shorter than this but let's let's read the introduction by email maybe no Kodama that's problem long given affirmative muhammad even academically say his epithet is more for codeine and here's album Muhammad Naveed Abu Mohammad Abdu live now headed muhammadin for them market they say didn't reference to a baton map this Jerusalem may a lot of aerated he said that um do mr. hundin after all I couldn't afford Allah Allah okay well shadow a liner in the law what the whole a sherry color she had at a party hot Mohammad Abdu or a solo viola more turbine fees sallallahu alayhi wa salam ala alihi wa sahbihi major as a husband be what omar abu bakr performs of thanks and praise be to allah the worthy is the thanks and praise praise superior to all other types of praise like the superiority of Allah over all of his creation I bear witness that nothing nothing deserves to be worshipped or adored except for Allah he is one with our partners my witness been that one my witness been that of one who recognizes this and establishes his right Halasz right I bear witness that Muhammad is His slave and messenger without being doubtful about his truthful truthfulness may Allah bestow blessings on him his family and his companions as long as clouds bring about rain and thunder comes after lightning you know why did they write and pause why did they write in sort of poetic form that why do they have to make the writings frame that was basically their way of entertaining the readership of making it more interesting more palatable more readable you know because when you write read things that rhyme you just like become more interested in reading or you know the flow of the words the music of the words it would encourage you to read more do you see how people like to hear songs the rhymes so they made their work there without compromising the content and if there was compromise of the company because at the end of the day have to be rational these are not infallible human beings if there was compromising the confidence then it was wrong it was wrong if they had to know compromise the content but may basically discredit the scholars like they were influenced to do they even discredit art historians they would discredit someone like a vendetta theatre because his writings rhyme and them this cannot be serious academic work this cannot be serious you know endeavor documenting history if you would have to make your historical accounts trying to orientalist so this is just like if they can't take it they can but our scholars used to do this you know it has a bonus to the readership you know well we are going to adhere to the authenticity of the content but we will try to sort of encourage you incentivize you to read so we will try to make our work on the style of our writings okay then he said this is a book on jurisprudence which I have summarized as much as possible I have limited myself in it to one opinion an order that becomes a reliable source of information for its readers that means what the reliable source that which you can yeah terminology that you can rely on and some many translated as the mainstay that's a good translation also if you will have to you just pick one word to translate the lambda you could say the mainstay is a good translation I chose the reliable source but the mainstay may also be a very valid translation for a London so he said I have limited myself in it to one opinion that's one opinion within Jamboree mother hub and in the footnotes in my commentary I basically included different positions of the different never have include the three other method and the heavy mob as well because they have their own unique perspective on concept which is worth included so I will explain later insha'Allah if I have time why I chose to have like a flavor of comparative in the commentary he said I have limited myself in it to one opinion an order that it becomes a reliable source of information for its readers and so that the correct opinion would not be confused because of differences between the opinions are very very opinions in the rate of by the scholars after in Muhammad and those narrated directly by him or from him because he Muhammad sometimes would have several opinions regarding the same matter up to eight different opinions regarding one issue and you can you figure it may be hard to think how could you have a different thing is regarding one issue if you know that the scholars have twenty different opinions about Salah Musa that were recorded by the Hodja and fathead berry you will be able to you know part for having eight opinions sometimes regarding one position that reason is that he never shied away from recant in his previous position from saying no I was wrong you know the correct position seems to be this and then later a couple of years later over a couple of months later or maybe a week later he hears something different and he gets convinced that I yield to you that he would never shy away or be too embarrassed to say well I told you such and such that was wrong here is the new position my new position okay so some of my brother's asks me once again it's just like it - ha oh Allah I mean oppa Dom has done the same thing he says some of my brothers asked me to summarize it to make it more accessible to those who wish to learn and easier to memorize for the knowledge seekers easier to memorize for the lot of seekers one additional reason why they made them rain so that we could memorize them or those of us who are capable of that would memorize them I honestly think that you don't need to memorize those books at least in our times just focus on Brandon's and then you know if you if you memorize the Quran and you memorize a good portion of this and you're good you're great but then that I during their times it's courtesy of books you know you didn't order for you to buy a manuscript you have to pay a lot of money because we began treating for you so it what it was you know and I'm not saying that memorization is a bad thing but it was particularly more important in their times to matter to memorize those books so my brother's asked me to summarize it to make it more accessible to those who wish to learn and easier to memorize for another to further knowledge seekers therefore I answer to this requests relying on a lot to make my intention sincere and only for his face in other words solely seeking to please him and to help me to obtain his great pleasure he is sufficient for us and the best disposer of affairs I included in it authentic narrations for their blessings and authority I chose them from the authentic collections in order to avoid the need to reference them so he said that whatever I have here is from the Bukhari and Muslim or one of them so that I don't need to reference them I don't need to tell you here and this is Corel this is authentic and so on introduction to his book London he said that what what he did in this work is he basically told you only one position of the Hungary method and he overlooked all the other positions he kept them out so to simplify things to simplify things and he only included a few a hadith for their blessings and I had for their blessings and for the authority but this is not the this is the type of book that would usually not have any after a hadith that's the type of the book that is usually called mapping manual and they took out the air and a hadith from those books to for summarization for brevity and they would leave the air and the hadith for the shoe rule the commentaries that will be written and how Hashi the footnotes in the side notes that will be added after the commentaries are written and we will go over this in some more detail inshallah okay so I have a few points here that I wanted to discuss in the next 15 minutes this class will be on Feb and inshallah we embark on finishing the entire commentary we ask of a stenographer to help us to finish it all and we ask a lot spinet Allah to benefit us also from this knowledge and to make this whole endeavor for me and you one and that is intended solely for the sake of allah spirit allah and for his good pleasure this is going to be a class on chef and fab means understanding in arabic means understanding in the islamic terminology it's the understanding of the religion the Prophet SAW Salim said many other the level be entirely factor who fifteen hadith Muhammad al-amin who how we reported this from the Prophet SAW Salaam and here at the level we fire a new factor of ad for loved ones good for someone he will give him a good understanding of the religion he will grant him a good understanding of the religion he would give him in the Deen the proposal on the Sahaba that a very the righteous predecessors did not limit them to the practical laws of Sharia the circuit development just general understanding of the Deen whether it is personal conduct you know interpersonal leading Sepideh to scare anything the Dean in general Sarada community Nemo study you know he prescribed for you in matter the religion that which is prescribed for Lu so the Dean in general the good understanding of the Dean in general was referred to as fit by the professor solemn and early Muslims later on when things had to be classified categorized and you know sorted out for simplification the scholars started to use the terminology to give the different terms to different disciplines and to be more sort of if I say precise that would be impolite or perch and I said that's for should I use if they wanted to know accurate would be impolite we're talking about comparing them for the profit than the companions exactly that being provided they want to be more to break this break things down for people like us were a little bit need help simplify simplifies so simplify things so so they gave the term fem to the practical laws just the practical laws so they took out the sphere they took out at either those two major disciplines are out now and that pertains now to the law the practical laws of Islam so then they defined as ma'rifatullah Camila Melia marry Fatima calamari and somebody mentality health of Silla so it is the recognition of the practical laws as they are deduced from their detailed proofs from the detailed proofs why did they say marry for a kilometer year halimbawa mentality of silly why did they say the recognition of the practical laws as they are deduced or which are reduced from their detailed proofs because of the fatigue is not the one who memorizes the rulings is the one who memorizes the rulings their proofs and knows the method of Istanbul deduction he sets up his matter if a drokken Amadeu the recognition of the practical laws for practical rulings then the fifteen would be anyone who memorizes the longer you memorize a nom de and that's if you become because you have known all the economy or the practical rulings but that's not it I mean 4p is the one who knows the practical rulings knows the detail proves those are the proofs of a Brian Anderson and the Arsenal and so on and so forth and knows how we got there from you know the statement of Allah subhana Allah in the Quran a team of Salah to say in Halawa giba rissalah is mandatory how did we get from here to there and this may be a very simple example and may as well it's obvious because allah commanded us to pray but it's not always that simple you know when we you know discuss some of the other rulings it will not be always that simple to get from their team of salah to salah is mandatory so when the prophets of solemn said if you go to the bathroom take three stones with you four they'll become it will be sufficient or Humanitas matter for you to if you clean yourself do it a number of times that's another command right do it an odd number of times so the three five seven if you clean yourself after using the lavatory but this command does not translate into obligation it's not like it's not like a pea masala translates into so as mandatory so ministers matter for you too if you clean yourself to it not number of times when I translate into doing the odd number of times is obligatory it's not as simple as well there is more to be considered but certainly you know the default for commands is obligation but that's why we say the default because it's not always the default so that is for them it is the defined as modified to document our Malaya a Muslim Bachmann ability of Syria or the recognition of the detailed drawings that produced from their detailed proofs the proofs either absolute or relative the proofs are either indisputable or disputable what are the three indisputable proof according to Alison welcome our three indisputable proof according to Alison or Tamara by their consensus what are they well that's it then the next step would be very close to this particularly when clear will be almost there is analogy or you know analogical reasoning yes would be almost there it's almost there the wire is rejected Pierce but there is the answer jelly weather is basically the delay is clear but I'm trying to find like a better word anyway there's the clear PS the clear analogy which is the definitive analogy which is it makes perfect sense the Prophet would have never said otherwise I mean if he if he deemed it as Haram then he must have deemed the harem that type of chaos the Maharis do not agree they're not disagree over this they consider that the part of them of whom part of the implication of the text even if it is not the month - even if it is not the explicit statement of the text they consider to be part of them a fool so at the end of the day they believe in some form of PS so when the PS is clear and a logical deduction or reason get clear it becomes almost like indisputable proof Scranton ANDed man now when we say indisputable proofs for engine management we're talking about constants we're not talking about people that agreed on all the details the Koran it would be all the other different difference in understanding you know between one scholar and the other scholar there is no the difference over the transmission there is no difference over the authority eaters but when it comes to the Sunna then we start to become they have some differences but difference is not over the concept every Sun nice color you know basically maintained the authority of the son of the Prophet saws and over anything else even when we say that Malik give precedence to the ongoing karma or action of the people of Medina Malik felt that this is more indicative of the Sun than the hadith for the singular reports hadith elaheart so we have to make that distinction between the Sunna as the way of the Prophet sallallaahu assalam and hadith particularly when it comes to single reports do you think that Malik would give precedence to that action of the people of Medina over the son no he will give it precedence over the singular reports to him these were more indicative of the sooner than the singular report or more telling of the sooner than the secondary person you think about honey farm admire do you think about honey if I would give precedence to analogical reasoning his old analogical reasoning over the son of the Prophet SAW said absolutely not he is saying that you know Piazza mosque which is basically the foundation of chaos which is you know when you say that it was forbidden because it's in toxic and cocaine must be forbidden because it's also in toxicant that's called PS analogy right the answer us is not based only on one ruling the acid has to remember honey fan to the her thesis base of multitudes of ruling basically the medieval mystery or compensating for fungible by fungible zorn on function bolts tangibles III is fundaments compensating for the function bonds by fans votes Constable's are things that parts that are substitutable basically you know two pounds of rice tangibles you know one piece of furniture particularly during their times the IKEA furniture probably fumbles because their substitutable but well like a piece of furniture that's considered non fungible right but two pounds of rice from the balls are not miss Li because you could always find two pounds of rice so in fact if I leave two pounds of rice with you and you have negligence lose my rice how do you make Nia for the my two pounds of rice buy me two pounds the price so that is method even Mythili scram to compensate the front of the front of oats 500 bucks so I would say that this concept I have come up with this concept on the basis of my sort of inductive reading of the entire son of the Prophet SAW so this is the Sunnah of the Prophet Allah if I have Hadees that would contradict to this I will not take that hadith because to me this concept is more indicative of the Sunnah of the Prophet SAW sudden keep in mind that every time I talk about a scholar I try to defend them to the best of my ability even though I may not agree like I don't have my body I take the singular report over the pestle also so I take Haditha Marah I take you know the hadith where the prophets also instructed that when you take like when you bias goat and you find that power was side and then you figure out that you were cheated because the other of the goat was tied to look like it produces tumors so much milk and then after you milk it for a couple of days it's not producing that much milk anymore you can return it and return with it slam and thumb return with it once after of these we will talk about so you know honey if I said no you took the milk needs the from zibolski return member you don't return dates the funds are fungible miss Leoben Methodism surveys also agree on this issue with the humble ease or I should say somebody's agreed with the chef isn't Maddox on this on this issues so it is not my point to prove who's right and who's wrong but my point is to show you where it normally is coming from why well you know when we come to this issue I will tell you why I believe that the hadith makes sense and that you return it with once a firm in my belief but that does not detract from the fact that in our Hanifa was not trying to defy the Sun it'sit's not conceivable you know it's very reasonable he's trying to say that this fear sort of slowly I base it on 200 a hadith I'm not gonna leave it now for one singular importance okay so the Sun you know it's it's not disputable in this sense but the dissertation is over the dispute is over the details of you know person singular report much more motivated what's the position of this versus that of the Sun and the Quran and the interplay between the two when there is a conflict and the sooner we can ask of the Quran weakness - the sooner that the sudden I qualify the absolute of the Quran to what extent does it specify the general things of that nature the disagree over the details but they don't over the concept which is the authority of this one of the prophets of Allah Allah then after those four I want you to consider an analogy to be one of them because like I told you even though the Hadees would accept the clear analogy so I want you to consider pay us to be one of them but but make this same faint line same faint line between the Quran so nightmare and the PS and then put like a darker why there clear line after that and then you would have is this hard presumption of continuty you will have Masonic morsella consideration of public interest you would have said that there are blocking the means you have shot mmm complain of the legislations of those before us you have multitudes of other sources of proves that they disagreed over oftentimes in theory not in practice because they ended up agreeing and practice you know so blocking the means the evil to ended up all a gradient to the concept itself even though they disputed the theory you know consideration of public interest in Masonic more sada the whole ended up doing this you know pretty much the same thing pretty much the same thing not exactly but they disputed the theory itself whether this should be a source of proofs or not and then I would have covered the meaning the definition of science of further and the proofs the rest of this talk is addressed in the books of also the track so we will not go back to this discussion next time to Allah we will start from the divisions of them and the legal values we'll discuss the legal values we will discuss the jurists work in deduction we will discuss in a moment map sources of proof cinemas whether compiling the method some terms and the Honda MF AB and then we will talk about the book itself from that and my work in the book before we proceed to the water or the fact of physical and ritual purification stephannie la da da Cunha conviction immense the court order