4- Legal Theory (Usul) - Definition of Islamic Law (Fiqh) - Sayed Mohammad Baqer Qazwini

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Al-Hujjah Islamic Seminary
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Legal Theory (Usul) 01, offered in 2017-2018, is now available to take online at Al-Hujjah Islamic Seminary. The first five classes are available to view as a demo to get an idea of how the course is instructed. To register for this class, see all class videos, and take the exams, visit hujjahseminary.com. For any questions, email us at [email protected]

Transcript

[0:04]audhu billahi min as-shaytan ar-rajim bismillah r-rahman r-rahim al-hamdu lillahi rabbil alameen

[0:13]wa sallahu allah sayidina muhammadin wa ala nabina pas hearing lama tsong

[0:23]yada hiding behind if we open to page 39 which is lesson

[0:31]1 we finished the forward which was a brief introduction about the

[0:36]science of also legal theory how it developed how it evolved and

[0:42]how it reached us until this very day now in the forward

[0:49]the author did briefly talk about the difference between Fatah and o

[0:56]Sole between Islamic law or we call it jurisprudence and legal theory

[1:01]or the principles of jurisprudence he did address that very briefly but

[1:07]because this is such an important distinction the author has dedicated two

[1:15]lessons lesson 1 and lesson 2 to define the science of fatah

[1:20]islamic law and the science of 'soul or legal theory because still

[1:27]for many it's not that clear-cut many think that there's a lot

[1:32]of overlap between the two they're pretty much the same science but

[1:35]different aspects of the same science so the author dedicated two brief

[1:44]lessons for us to really know the difference between Islamic law and

[1:48]a fool because they're quite different and if we confuse the two

[1:53]sometimes many aspects of this course will not be that clear so

[1:56]let's briefly examine lesson 1 for this to be clearer to us

[2:03]because the science of suit is a little bit complex compared to

[2:05]Islamic law so it's very important for us to define the science

[2:11]and know exactly what the science is and how is it different

[2:14]from animal fur from Islamic law or from jurisprudence less than one

[2:20]definition of the science of jurisprudence which is fit right now the

[2:24]author is describing to us what fit as Islamic law which is

[2:28]not this course it's the previous course but we need to make

[2:31]that distinction the author says after an individual has established faith in

[2:37]God Islam and the revealed law which is the Sharia the commandments

[2:45]of God and understands that as a servant of God he must

[2:48]obey his revealed laws it becomes necessary for him to make his

[2:53]conduct in different fields of life conform to the Sharia once a

[3:02]human being comes to recognize the existence of God and you see

[3:07]that allah subhanaw taala has commands what is it that drives you

[3:11]to apply the laws of God now this is really as a

[3:19]discussion in theology and I thought but it's also relevant here must

[3:22]know about the laws of God because you could say you know

[3:25]what I don't really care God sends laws why do I have

[3:29]to go and investigate and to know these laws and to see

[3:32]how they apply to me is that really an obligation why many

[3:38]people will dispute that there are two reasons why we must pursue

[3:42]Islamic laws they know about them two intellectual reasons we're not talking

[3:46]now about hadith or Quran because somebody can dispute the Quran somebody

[3:50]can dispute the hadith not everyone believes in them number one is

[3:54]a proof that we call deaf Alvaro can someone translate that for

[4:09]us what is deaf Alvaro what does it translate to avoiding what

[4:16]slaughter harm or danger our intellect tells us to avoid harm or

[4:29]danger even if you're not sure you don't have your being about

[4:35]this danger as long as there is the chance the possibility that

[4:39]you could end up in harm or danger what does the intellect

[4:43]tell you avoid it let me give you an example let's say

[4:48]you're driving try an arbor and there's AI 94 that you can

[4:51]take or there's another freeway that you can take what's the other

[4:55]freeway to the north mmm five and four you have a highway

[4:59]that takes you to Ann Arbor you have two freeways to choose

[5:06]from two paths you know for sure that if you take I

[5:14]94 you'll be safe and you'll get to your destination but if

[5:17]you take the m4 or the m5 there's a possibility you've been

[5:22]hearing rumors that there's a gang of looters of thieves there stopping

[5:31]cars on the freeway and they're confiscating their belongings stealing their wallets

[5:36]or even killing them you have no certainty whatsoever for you it's

[5:42]a rumor really you've been hearing these rumors you don't know if

[5:46]this is true or not but you have two paths you could

[5:49]take i-94 it could take em five and there's nothing that stops

[5:55]you from taking i-94 you know for you it's pretty much the

[5:57]same maybe there's a five-minute difference one of them is closer than

[6:01]the other now when there is the possibility of harm or danger

[6:08]on the other freeway or as I 94 you know for sure

[6:10]that there is no such gang that's going to do harm to

[6:15]you or pose danger to you what does your intellect say which

[6:18]one should you take take the safe one as an obligation or

[6:24]just a recommendation No as an obligation why because if you violate

[6:31]this command of the intellect and you ended up taking fm5 or

[6:39]m4 and then there happened to be a gang and you were

[6:41]in trouble they either killed you or they just stole your belongings

[6:45]do you have an excuse you're at fault no one will accept

[6:50]your excuse people will tell you look you heard those rumors you

[6:53]should have taken it seriously you're at fault if there's a child

[6:58]with you that you took on that freeway you're at fault and

[7:00]you could go to court the judge will tell you there was

[7:05]danger you don't have the athena of that danger but the possibility

[7:07]of danger was there you could have taken another path now sometimes

[7:11]you don't have another path the child is dying you have to

[7:16]take him to the hospital hospital annarbor that's a different case no

[7:20]we're talking about two paths one will say if you take one

[7:22]will safely take you there one you don't know could take you

[7:27]it could not take you if you disobey your intellectual command are

[7:31]you at fault or not you're at fault so if you're at

[7:37]fault this intellectual command is it an obligation or just a recommendation

[7:43]it's an obligation because a recommendation is not something that you'll be

[7:47]at fault if you disobey I can almost aha but the most

[7:52]about that we have in a snap if you don't do them

[7:53]are you at fault no you're not at fault this proof intellectual

[8:01]proof tells you you need to obey the laws of God how

[8:09]so you've got two paths one of them is you recognize there

[8:11]is a God or there's a possibility that there is a god

[8:17]this God if he exists obviously he's wise he's God he's the

[8:22]intelligent designer he's the Creator there's a possibility that he does have

[8:27]loss you've heard that there are laws you've heard of prophets coming

[8:31]there are rumors for you there are rumors that possibly this God

[8:39]has laws and the one who disobeys God we'll be punished on

[8:43]the day of judgment deserves to be punished now God could forgive

[8:46]that's another issue but deserves to be punished and that punishment is

[8:51]a type is a type of harm or danger right that's one

[8:56]path so the intellect tells you if you follow the commands of

[9:01]Allah subhana WA Ta'ala you're definitely safe even it turned out to

[9:06]be there's no God it was all fake and you died and

[9:11]you became nothing you just become became non-existent like the dirt did

[9:14]you lose anything where did you lose nothing did you lose anything

[9:18]no you became just like everybody else part of the ground dirt

[9:24]non-existent no salt nothing but if it turns out to me there

[9:26]was a God and he had commands and you violated them then

[9:29]what you're in trouble or there's a possibility that you'll be in

[9:34]trouble right what does the intellect tell you here what do you

[9:38]think what is there to like tell you followed the safe route

[9:45]so the author here is telling us after you've come to recognize

[9:49]Allah and that he's possibly has laws the Aten will tell you

[9:56]you need to go and pursue what those laws are you can't

[9:58]just sit there and say you know what I'm just living my

[10:00]life I really don't care somebody comes and points it out to

[10:05]me ok I'll accept it I don't care no you have to

[10:06]go and investigate because you could be putting yourself in harm danger

[10:10]that's one proof I'm simplifying it here there's a lot of dimensions

[10:17]to this number two is what we call Shalom oh 9 which

[10:22]means thanking show close to thank right so Quran Allah means thanks

[10:29]to Allah and what's the money I mean the giver or blesser

[10:36]right the sustainer when you look at the blessings you have in

[10:46]your life the resources the oxygen the water the food the clothing

[10:53]the resources on earth the Sun the Moon the plants the food

[10:56]the crops the animals these are all blessings that you're benefiting from

[11:00]right did you give those blessings to yourself or you were given

[11:04]those blessings did you create the Sun for yourself no did you

[11:11]create the system of plants and how the world works no so

[11:14]you didn't come up with these blessings they were given to you

[11:20]who are they given to you by the Creator any creator that

[11:23]creator gave them to you the intellect dictates to you that whenever

[11:28]someone does good to you you have to thank them right because

[11:34]if you're ungrateful you're not thankful the brain the intellect considers that

[11:42]as a type of okay you're being rude to that tanker so

[11:47]that you know that giver that blesser you're being rude but you're

[11:54]also violating an intellectual principle the intellect tells you thank that's the

[11:56]least you can do is to thank that Giver this is a

[12:02]moral intellectual obligation now how do you thank that giver how do

[12:06]you do you just randomly thank the giver the until I tells

[12:11]you to thank the giver you have to know the giver because

[12:16]it depends what their status is right you know if your boss

[12:19]gives you something or your spouse gives you something or your children

[12:22]or your parents or your friend or your teacher do you thank

[12:28]them all equally or no it could be different you know if

[12:31]you're thanking your wife it could be by giving her a flower

[12:35]but do you give your one-year-old son to reward them for something

[12:38]do you give him a flower no do you take a flower

[12:43]to your teacher it's not customary so you have to know the

[12:46]status of that person who's done good to you for you to

[12:52]thank them right so for you to thank God the Creator you

[12:55]have to pretty much have an idea of the status of God

[13:00]the religion of God what he wants from you and the laws

[13:04]of allah subhana wa ta'ala this intellectual command to thank the sustainer

[13:09]the giver shook Kleinman and we say in arabic pushes you guides

[13:17]you to find out what God wants who's the ultimate giver and

[13:20]to implement it that's why the intellect tells you go figure out

[13:24]what does God want from you what are the laws so this

[13:27]is in the first paragraph that the author discusses now the author

[13:33]says in the second paragraph before that and a few sentences the

[13:38]author says so now that you've recognized God you have to have

[13:44]a practical stance in Arabic we call that well Eva I'm Elia

[13:49]what is my practical stance let's write this word because we'll bump

[13:54]into it many times practical stance and wealthy family yeah okay so

[14:12]after having faith in God okay I believe God is there he

[14:17]has laws or he might have laws practically what do I need

[14:22]to do how do I apply those laws when it comes to

[14:26]my actions and deeds what is my practical stance from the Sharia

[14:31]what is my practical stance from those laws so the intellect tells

[14:35]you you should have a practical stance because if God has laws

[14:37]okay you have to have a stance from those laws do you

[14:41]apply them or do you reject them this is what we call

[14:45]what we fell on alia this isn't the first paragraph in the

[14:49]second paragraph the author says if Shelley I was so clear to

[14:53]us we lived at the time of Prophet he clearly communicated everything

[14:58]to us fine we have no issue we hear those laws from

[15:02]the Prophet we easily know what our practical stance should be and

[15:07]we just implement no issue however due to factors Shelia is not

[15:15]so clear to us there are four factors why Shelly are not

[15:22]clear to us let's briefly list those factors what is one factor

[15:26]we talked about in previous courses can someone help us context so

[15:30]why is it that we've lost that context what's the factor here

[15:42]exactly time so one factor is there's this gap or distance in

[15:51]kind whenever you're far away from an event in terms of time

[16:00]obviously you lose a lot of context you lose a lot of

[16:04]details that would have clarified for you what the Shelly is you're

[16:06]not sure how the Prophet said it did he save these exact

[16:08]words where they Miss imprint is misinterpreted throughout history and so on

[16:13]and so on and so forth so the first factor is the

[16:18]distance in time we've we've talked about them number two an external

[16:23]factor that has made Shelly and some areas ambiguous to us is

[16:34]liars and forgers for jurors you had people who had a political

[16:39]agenda for instance an evil agenda to play around with the hadith

[16:43]of the Prophet sallallahu alehiwassallaam arms they would intentionally change the hadith

[16:49]of the Prophet we've got many of them in history and the

[16:53]Prophet foretold us about them he forewarned us that after me the

[16:58]cat Dabba the liars will flourish be careful so a lot of

[17:02]things had it been not for these liars and for jurors they

[17:06]may have been clearer to us but because they added their own

[17:09]hadith they caused contradictions amongst the hadith we don't know exactly whether

[17:14]this narrator was reliable or not these are all factors that made

[17:18]it a little bit ambiguous to us what else can you think

[17:24]of another factor change in language yes changes in customs and norms

[17:30]but we'll just put that under GAAP distance or time because with

[17:35]time changes like that naturally happened what are some others Chucky yeah

[17:44]what does techne I mean okay you've you gave us an example

[17:58]of it chipiya is whenever due to certain factors like your safety

[18:02]or the safety of your community you don't say the truth we

[18:06]have examples in the Quran of that with Ahmad ibn Yasir and

[18:14]which Allah subhana Allah says Allah and okra what Allah whom última

[18:17]in done bill Iman Amara vinyasa was forced by the big pagans

[18:20]to say that he worships the idols they killed his parents in

[18:27]front of him by torturing them so he just said it to

[18:29]protect his life but in his heart the Quran says it was

[18:35]filled with faith Ahmad was very upset that he did that and

[18:38]he put his head on the ground and he wasn't willing to

[18:43]move his head from the ground asking God for forgiveness when jibra

[18:46]eel brought down this verse Jana so Allah Telamon he's a Mormon

[18:52]and why he did was tell you even the Commission's that worked

[18:55]at the end another verse Allah at Tuckerman home took art so

[18:59]that's ok and the Imams evaluate further elaborated and what instances can

[19:05]you do Tatia sometimes the imam himself when there would be a

[19:10]government spy or the government if the Imam says the truth would

[19:14]persecute the Imam or your Shia the Imam sometimes would not say

[19:22]the truth he would say a hadith for example that gives you

[19:25]the opinion of Abu Hanifah or he would just change the truth

[19:27]why to protect the Shia one of the ways in which the

[19:31]Imams protected the showers through tough day yeah now that's a theological

[19:35]religious discussion we don't want to get into it but sometimes it's

[19:38]not that the narrator lined he really heard it from the Imam

[19:42]but the Imam didn't mean it he was just saying it to

[19:47]save someone's life his life the Shia the community because of that

[19:51]external danger then later Imams would sometimes come and clarify or the

[19:55]Imam would later clarify that clarification doesn't reach us so we look

[20:00]at some hadith wait a minute you know how is this mom's

[20:04]psychic saying this it's contradicting something else the reason is tukya sometimes

[20:09]the narrators would do today yeah they heard the real hokum from

[20:13]the Imam and his son the real law but they were under

[20:16]political pressure they were in a gathering and they were asked you

[20:25]know what is your opinion and he didn't really want to show

[20:27]that he's Shia because he would have been killed then and there

[20:30]the Imams allowed them in certain circumstances to do tupaea so they

[20:35]would say something else that would be documented then it creates this

[20:38]contradiction and conflict with other ideas that speak about the real hokum

[20:42]and so one of the factors is t'keyah that has given some

[20:49]ambiguity to our Sharia well there are other factors but these are

[20:54]the primary three factors is this clear so the author is saying

[21:01]that if Shelley I was so simple and you know clear then

[21:03]we would have no issue but in reality because of these factors

[21:09]there's a lot of ambiguity that's why you see in the second

[21:11]paragraph and the fourth line he says however numerous factors such as

[21:14]our remoteness in time and these other factors that I mentioned they've

[21:21]confused us these factors such that we don't really know what's our

[21:28]practical stance what's our lovely family then in the following paragraph the

[21:38]author says that's why you needed the science of fik Islamic law

[21:43]what does it do it clarifies for you your practical stance with

[21:48]every issue when it comes to Salah and the details of Salah

[21:52]Hajj and the details of Hajj fasting and the details of fasting

[21:57]what is your practical stance what do you have to do in

[22:01]these cases scholars develop the science of fit by analyzing all those

[22:05]hadith s' clarifying some things and clearly telling you like the book

[22:08]of rulings that asana telling you what you need to do what

[22:13]your practical sense is that's element fill it clarifies for you what

[22:18]your practical stance is this is Islamic law jurisprudence fit so whenever

[22:24]you hear the science effect is just clarifying these rulings that's what

[22:29]it is and the author talks about that now the author in

[22:34]the final paragraph on page 39 and in the beginning of page

[22:40]40 he mentions that Fick gives you two types of clarifications let's

[22:46]briefly discuss that before we move on the first type is an

[22:50]ad in a limousine we have two types of rulings in fact

[23:06]the first cell and a dealer and Marissa we translate them as

[23:10]the securing proofs throughout Islamic law and legal theory you will hear

[23:19]this phrase securing proofs what's the securing proof what salad ll Maharaja

[23:24]and then that means proofs fear if you've heard the word Delisle

[23:29]when you say what someone tells you something you ask them what's

[23:33]your Deline what does the leave mean what's your proof Maharaja means

[23:39]securing proofs confirming proofs these are the proofs that we find in

[23:47]the Quran in the Hadees you open the book of coffee and

[23:52]you read these hadith these are securing proofs because they are Hadees

[23:57]that clarify what your practical stance should be or you open a

[24:01]verse in the Quran about heritance and it clarifies to you what

[24:04]your practical stance should be so the securing proofs are those proofs

[24:12]that pretty much clarify what your stance is and they make it

[24:15]clear to you there's really no doubt when you have this hadith

[24:17]which is an authentic hadith when you have a verse from the

[24:22]Quran and you know what the verse is saying that's just proof

[24:25]it's called a securing proof therefore we see that the offer the

[24:28]author he says in the in that first paragraph on page of

[24:34]page 40 the material on which the first method because we have

[24:38]two methods in Islamic law drawers consists of what is known as

[24:41]the evidences or the proofs the Adela or more carefully as the

[24:48]securing proofs and Adela Alma Rosa because they make it possible to

[24:53]secure the sharia ruling they clearly tell you what Sharia has said

[24:58]here a verse in the Quran tells you what Sharia wants from

[25:03]you here an authentic hadith will tell you what Sharia wants from

[25:08]you here we call these securing proofs Adela and Marissa now at

[25:15]the same time we have proofs that are called la la la

[25:26]Emilia what are at Dylan Amelia what's the translation we see the

[25:37]author has the translator has translated them as the procedural proofs we

[25:47]could also call them the practical proofs procedural or practical proofs now

[25:59]an addenda is also called an ocean a nominee you'll hear both

[26:05]in Islamic law Adela Amelia or tsunami I mean the same thing

[26:10]what's different about them than the Ella dela Rosa very simple the

[26:16]procedural proofs are those proofs or principles that tell you what to

[26:26]do when you have a doubt when you're not sure what Shelia

[26:30]says smoking is an example what does Shelly I say about smoking

[26:37]what does God say about smoking what did the Prophet any mom

[26:41]say about smoking cigarettes or the hooker what is this lamp say

[26:47]nothing so is the stance of Shelly are clear no do we

[26:53]have any securing proves this first type of proofs do we have

[26:57]a dilemma Rosie securing proofs that clearly tell you what Shariah are

[27:00]says here from a person the Quran from a hadith do we

[27:07]have that no cloning do we have a securing proof that talks

[27:10]about cloning no so what do we do in this case we're

[27:18]stuck no we have procedural practical proofs they are guiding principles that

[27:25]tell you what to do when you have a doubt when Shelia's

[27:28]not clear to us what the stance of sharia is at the

[27:34]end of the day Adi to have a practical stance do i

[27:39]smoke or do I not smoke is that halat or Haram but

[27:41]because Shelly is not clear to me what it says about smoking

[27:45]I can't have a practical stance so what do I do in

[27:51]this case some scholars in the past like the bodies they would

[27:55]say whenever you suspect or have doubt that something could be Haram

[28:00]you have to be cautious and say it's Hana that makes life

[28:05]hard scholars most of them don't accept that we've got proofs from

[28:09]Shelley and that that's not what God wants from us whatever you

[28:13]doubt something there's no verse or hadith Haram Haram Haram that makes

[28:16]life very hard for us so we have principles one of them

[28:24]which write those principles we've got four of these procedural practical proofs

[28:31]one is called al bara I don't expect you to memorize these

[28:42]now we'll discuss these in detail later in Sharla later in the

[28:45]course we'll talk about them this is just to give you an

[28:47]idea of what we're dealing here what we're dealing with when it

[28:55]comes to fit a bra is called the law of exemption just

[29:01]know that we have procedural proofs and there are proofs that when

[29:07]we don't have something clear from Shelly I you use these but

[29:09]I don't expect you like to know the details of them and

[29:14]for now we don't need to know them and it's the law

[29:15]of exemption what does the law of exemption say whenever you have

[29:21]a doubt about a matter like smoking and you can't find evidence

[29:25]securing proofs you can't find them in Quran or hadith you are

[29:29]you assume they're what Hanna you assumed they're halal and the merger

[29:34]will issue a fatwa smoking is a lot unless of course it

[29:40]critic it causes grave danger to your health then we know that

[29:43]Allah does not want you to impose that big big danger on

[29:48]you now what is the you know what are the circumstances or

[29:52]what are the conditions the limits of grave danger that's disputed you

[29:58]know someone could argue if you know smoking is haram then eating

[30:04]a hamburger that's full of oil that the damage is doing to

[30:07]your arteries in your heart okay that's Haram to anything that's clearly

[30:10]a big danger to your health it's obviously Haram however if it's

[30:19]not to that point the law of exemption says smoking I have

[30:22]a doubt what does Shelley I say about smoking I don't know

[30:26]the law of exemption says we'll talk about it later in Shawano

[30:29]the law of exemption and what the proof for it is how

[30:32]did we arrive at this law there's a hadith about that and

[30:35]we have an intellectual laws well that backs this up anything you

[30:39]don't notice how about you assume it's what Hana that's as simple

[30:46]as that so this is one law we call this I did

[30:48]Emilia o su Emily a procedural proof the law of exemption is

[30:57]a procedural proof that helps you when you're in doubt you don't

[31:01]know what Sharia says you research the book so for our Hadees

[31:07]you couldn't find anything about smoking but I says Charlotte's ha ha

[31:11]ha even if it turned out to be that the Prophet said

[31:14]it's Haram let's say on the day of judgment you're not held

[31:17]responsible it's hard for you the second one is one that we

[31:26]are familiar with and hamdullah knows how which is the law of

[31:29]what continuity so stop says you have a doubt you don't know

[31:38]you break your rule or not this water is pure or not

[31:42]this toes hop says you have a doubt no but if you

[31:44]have previous certainty continue that certainty we call this also a procedural

[31:50]proof and then we've got two more one of them is at

[31:57]yacht which is precaution I don't want to confuse you now more

[31:59]than just these two and one of them is called to hear

[32:04]the law of choice we'll discuss that in the future you don't

[32:06]need to know that for now just know that we have two

[32:10]types of proofs we have securing proofs which means what what securing

[32:13]proof there is a verse or hadith about it anything that has

[32:19]a verse or hadith about it is called one securing proof anything

[32:24]that you find no hadith no Quran about it no particular verse

[32:29]about it you will call a procedural or practical proof that helps

[32:36]you deal with that doubt at the end of the day what

[32:39]do I do can i smoke or no I need to have

[32:42]a practical stance but our Stowe's hot will help you figure that

[32:46]out so in the science of fitta in law you are using

[32:55]these two types of proofs to clarify what Sharia now here's the

[33:01]important point these procedural proofs the four that we have baba as

[33:10]does hot law of exemption love continuity where do we discuss these

[33:15]proofs how do we get them that's not in anymore that's a

[33:20]no Siouxland these are common elements law of exemption is a common

[33:25]element that you will apply in any book of Foca whether it's

[33:31]sauna whether it's Hajj whether it's fasting anything you will use that

[33:36]the law of continuity applies to everything every long every field where

[33:41]do scholars develop these procedural proofs where do we develop them talk

[33:47]about them where they're applied where they're not applied what is the

[33:51]proof to them which science deals with that because faith doesn't deal

[33:54]with that sometimes just looking at rulings laws yes and something you

[34:02]need these when there is no clear hadith but these which science

[34:08]gives you these tools osoon legal theory you need a soon to

[34:13]come up with these now these are just for procedural proofs but

[34:19]inshallah we will see in the following chapter that that's not only

[34:23]the types of proofs we deal in oh so that's just one

[34:26]small aspect of or legal theory there are many many other such

[34:31]common elements universal principles that we talk about in 'soon these are

[34:36]just Osuna I'm Elia that we have four of we've got sued

[34:42]in Latvia these are procedural proofs we have verbal proofs tomorrow we'll

[34:48]discuss what a verbal proof is just to get an idea of

[34:51]it so do you see the separation between Fatih hanasu or still

[34:57]confusing to you and you think they're pretty much the same thing

[35:01]let me know be honest or does this clarify the difference between

[35:06]them so the securing proofs you get from feta now how do

[35:17]you know that a securing proof is a real proof may be

[35:22]the narrator lied which science teaches you how to find a securing

[35:27]proof see as a jurist in fact you need both you need

[35:30]the dental Bahasa and you need a pseudonym Alya to issue a

[35:38]fatwa but which science gives you the tools to figure out the

[35:43]securing proofs and the procedural proofs you know let's say you take

[35:46]the book of coffee and you as a scholar you like okay

[35:53]hadeeth number 54 says this issue a fatwa no law school says

[35:57]wait a minute wait a minute there's a conflicting hadith and you've

[36:03]seen that conflicting hadith or go search for it now I have

[36:06]two conflicting Hadees what do I do which science teaches you what

[36:13]do you do to resolve the conflict or soon so slowly develops

[36:18]the tools for you that you need in order to get the

[36:26]securing proofs and the procedural proofs now all of this is applied

[36:29]in fitting the also just gives you those tools where you apply

[36:32]them in the book of salah with which hadith that's whether you

[36:37]open the book of thoth like the one we have you look

[36:40]at the hadith okay the law of continuity I'm gonna apply it

[36:43]here this is all applied in further but who gave you the

[36:47]law of continuity someone can come and say where did you come

[36:50]up with this law of continuity you made it up the science

[36:54]of a source says no we didn't make it up I'll show

[36:56]you why we have the law of continuity that's all soon so

[37:01]really to issue a fatwa to understand Islamic law you need a

[37:07]suit it gives you the tools the common elements that are not

[37:11]specific to any book they're not specific to Salah so for those

[37:17]of your attended Islamic law we examined the hadith that says if

[37:22]water has my source it doesn't become ninjas automatically right this is

[37:27]a hadith that helps you arrive at Islamic law is this a

[37:33]common element or a specific hadith specific hadith that applies only to

[37:37]this case can you apply it to Hajj no what does it

[37:39]have to do with Hajj can you apply it to any thought

[37:42]no it's just a particular hadith that teaches you what should you

[37:46]do with water that has a source what Silla whereas the O

[37:53]soul comes and gives you common elements to deal with all of

[37:56]these hadees and all these proofs so the common elements we take

[38:04]from a soul and as soon and amelia the procedural proofs they're

[38:09]applied in filter but when you discuss them not in filter you

[38:15]discuss them in O soul even the securing proofs yes you do

[38:17]the research and flip the head and go figure out what the

[38:22]Hadees are but if there's a problem with the hadith if it's

[38:25]an ambiguous hadith if it's a conflicting hadith which science teaches you

[38:29]how to deal with that o soul so the foundation of PS

[38:41]flip is this encyclopedia it's this big body of narrations and verses

[38:47]what is the foundation for that that allowed that gives you the

[38:53]tools to deal with this big body it's those who that's why

[38:59]we call it the principles of jurisprudence jurisprudence is for the principles

[39:05]of rule in fact the foundations of record is also so does

[39:09]this clarify more the difference between law Islamic Furka and legal theory

[39:16]or a suit absolutely in order for us to know further you

[39:25]need to know these common elements because if you don't have these

[39:29]common elements you're just looking at hadith you don't have tools to

[39:33]help you deal with these hadith so further is like the raw

[39:40]data the raw data that you have but what are the formulas

[39:42]that allow you to process that data oh sweet now this was

[39:49]not so clear-cut in the beginning in those early centuries this became

[39:53]clearer later on when scholars realized you know what we're bumping into

[39:57]these common elements the law of exemption estes hobb conflicting hadees what

[40:03]do we do they realized there's a common theme in every book

[40:07]you've got ambiguous hadees you've got conflicting hadith you've got areas where

[40:12]there's no hadith they were bumping into these common elements that they

[40:17]realized we need to discuss these that's how a Sood was born

[40:24]so this is lesson number one and lesson number two will still

[40:28]give some more examples and aspects and we'll walk you some through

[40:32]some real examples to see the difference between hanasu now the reason

[40:39]why the author is emphasizing this because for those who are just

[40:44]starting you know these studies it's not clear the difference between Fatah

[40:48]and no suit you have some students in the seminary who'll be

[40:51]there for months they still don't know the difference between Sewell and

[40:55]filter that's why we're emphasizing the difference so that from the first

[40:59]day it's clear cut to you what is Islamic law and what

[41:04]is a suit what defines a soon what defines Islamic law so

[41:08]maybe for some of you you're finding this may be a little

[41:13]bit redundant we've discussed some aspects but this has to be fully

[41:15]clarified because if we continue in the course and this is not

[41:18]clear-cut things will be very confusing so does this further clarify to

[41:26]you the difference between 'soul and filter think about it if you

[41:31]have any questions if you need me to clarify anything just write

[41:33]in the group and we'll clarify it and I would recommend you

[41:38]just to know that you've understood it on a piece of paper

[41:42]describe the two based on what you've learned in the course just

[41:47]write a piece of paper and plain simple English today is this

[41:51]or soon as this then you'll know you know if you've understood

[41:55]the differences and then you could send that you know and the

[42:01]group and we can take a look at it and see if

[42:01]what you've written is correct if it reflects the correct understanding or

[42:05]you know if there are some minor things that need to be

[42:10]clarified I can tell you that you know you've got the idea

[42:16]right just let's clarify this point oh allah allah sayidina muhammadin qualia

[42:20]being a party

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