Part of مفاهيم أهل السنة - حلقات مجمعة (اكتملت السلسلة)
· Lesson 47 of 77
خلاصة مفاهيم أهل السنة | 28- مفاهيم حول تحقيق المصلحة والمقاصد الشرعية | المفاهيم (397-407)
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Transcript
Machine translation — may contain errors
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Summary of Sunni concepts
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Wherever God's law is, there is interest
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What God Almighty has legislated in His Book and on the tongue of His Messenger, may God bless him and grant him peace
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Of duties and desires
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And what is permissible, what is forbidden, and what is disliked
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His law, Glory be to Him, is for the benefit and good of man in this world and the hereafter
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Wherever God’s law is, there is interest
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Interests in the balance of Sharia
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There are three interests in the balance of Sharia
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Considered, canceled and sent
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Considered interests
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These are the interests that the Sharia has attested to accepting and considering with specific evidence
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He enacted a law to achieve it
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These are interests that cannot be reciprocated
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There is no dispute over the legality of adopting and implementing it
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And from that
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The interest of preserving souls
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For which the ruling of retaliation was prescribed
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And the Funds Conservation Department
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For which it is prescribed to cut off the hand of the thief
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And the interest of preserving minds
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For which the prohibition of alcohol was established
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And so on and so forth
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Interests canceled
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These are the interests that the Sharia has attested to be nullified and rejected
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It is so
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The interest of earning money through usury or gambling
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The Sharia invalidated it by prohibiting both usury and gambling
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As well as the imagined interest of preventing polygamy
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Because of the harm expected to occur from problems and jealousy between the woman and her co-wife
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The Sharia neglected this interest and did not consider it
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For a higher interest
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It increases progeny and enables chastity
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And fortifying oneself
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Sent interests
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These are interests for which there is no specific evidence in Sharia for considering or canceling them
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It was sent under consideration or cancellation
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But there is a suitable meaning in it for a ruling to be prescribed for it
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It also falls under the general principle of Sharia
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Taking into account interests and preventing harm
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Among its examples
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Collecting the Qur’an, writing collections, and codifying sciences
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Such as Arabic sciences, the principles of jurisprudence, and the term Hadith
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In addition to other interests that no reasonable person doubts are compatible with Sharia law
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One of the controls for adopting the transmitted interest
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This is not contradicted by legal evidence from text, consensus, or analogy
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Taking it should not be a loss of a higher interest
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The difference between the transmitted interest and heresy
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The transmitted interests are only in what is reasonable in meaning
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It has no entry into pure devotion
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Which is not required to have a particularly reasonable meaning
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Such as details of the mode of prayer, the number of rak’ahs of prayer, and specifying a specific time for fasting
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And standing in the feelings of Hajj and so on
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This is one of the most important differences between the sent interests
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The innovation that occurs in acts of worship that are based on pure devotion
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Or in beliefs, since they are firm constants
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Ruling on agreeing on a mursal interest
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If scholars or specialists agree on a mursal interest
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It is not permissible to act against it
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If consensus is not achieved, the official acts according to the opinion of the majority of scholars
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Overlapping interests and harms
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Pros and cons are often not clear
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Rather, it is mostly mixing or crowding between them
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Then the Muslim follows the general rules in this regard
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Preventing harm takes precedence over bringing benefit
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Providing the highest of the two interests over the lowest
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And committing the lesser of two evils
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Competing interests
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Giving priority to one of the two interests over the other when competing
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It shall be in accordance with the following controls
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Firstly, prioritizing the definite and verified interest over the suspected interest
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Secondly, the two interests are equal in the certainty of their achievement
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Putting the public interest ahead of the private
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Thirdly, the two interests are equal in achieving the occurrence and in the generality of the benefit
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The greater interest is prioritized over the smaller interest
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The objectives of legislation are derived from the texts of Sharia and are not governed by them
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The overall objectives of the legislation were known through examining the texts of the Sharia and its interpretive provisions
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And deducing purposes from them, the texts are the origin and the purposes are the branch deduced from them
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Accordingly, it is in no way possible for an interpretive legal text or ruling to conflict with a general purpose of the legislation
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This is the claim of the people of deviation and whims. When they were unable to confront the texts, they resorted to interpreting them
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According to their mistaken understanding of the general purposes of Islam
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They call this adopting the intentional understanding of Islam instead of the textual understanding
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An example of this is their saying that usury was forbidden because of injustice
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Any form of it that does not lead to injustice is legitimate. We seek refuge in God from deviation and misguidance