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Q&A: The ‘Illah (legal reason) revolves with the cause, whether it is present or not

Question: Assalamu Alaykom Wa Rahmatullah Wa Barakatuhu, may Allah bless your efforts and reward you with goodness… Our respected Shaykh, I would like to ask about the Shari’ah principle: “The ‘Illah revolves around the cause, whether it is present or not…” the question is: “He (saw) was asked about the permissibility of selling the ripe dates ( ruTab ) for dried dates ( tamr ), the Prophet (saw) said: «أَنَّهُ سُئِلَ عَنْ جَوَازِ بَيْعِ الرُّطَبِ بِالتَّمْرِ، فَقَالَ النَّبِيُّ   e : هَلْ يَنْقُصُ الرُّطَبُ إِذَا يَبِس؟ فَقَالُوا: نَعَمْ، فَقَالَ: فَلاَ إِذَنْ » “Do  ruTab  decrease (become lighter) when they dry?” They said: yes. He (saw) said: “then no.” Now if we know the exact amount of shortfall and replaced it, is it permissible to sell it? In other words, if the ripe dates ( ruTab ) weighed one kilo, and when it turns into dried dates ( tamr ) it becomes 900 grams, may we sell 900 grams of dried dates for the price of one kilo of ripe dates? If the answer is no, what i

Oh Muslims of Sri Lanka

The eyes have not dried, the anger has not subsided, and the pain remains like an open wound when we see the plight of the Muslims in Myanmar, Syria, Palestine, and Yemen. And now we add the plight of the Muslims in Sri Lanka! Allahu Akbar! Allahu Akbar! Allahu Akbar! Prophet Muhammad (saw) said, “Verily the destruction of the Ka’ba, rock by rock is lighter to Allah than the spilling of the blood of a Muslim.” (reported in Tirmidhi) The violence in Sri Lanka has spread like wild-fire from Digana to many districts of Kandy such as Akurana, Ambatenna, Madawala, Pudukkada, Ambanthala, Katugostota, Dehianga as hard-line Buddhists lead impressionable and ignorant followers, like a herd of thugs, attacking Muslims, their properties and their businesses. This has rekindled memories of the communal and ethnic clashes and atrocities that engulfed Sri Lanka from 1983 until an uneasy peace was put in place in 2009. Similar to the plight of the Rohingya Muslims, the Muslims in Sri Lanka ar

Aqsaam Al-Waajib (the categories of the obligation)

The following is from the translation of the book,  Al-Waadih  Fee Usool ul-Fiqh  (The Clear Principles of Islamic Jurisprudence) by  Muhammad Hussein Abdullah: The Waajib is divided or categorised in accordance to different considerations. As such, there is a division in respect to its performance (Adaa’), another in respect to its evaluation (Taqdeer), a third in respect to its designation and a fourth in respect to the one who has been charged with it (Mukallaf). The categories of the Waajib in consideration of its time of performance or undertaking Waajib Mutlaq and Waajib Muqayyad (The unrestricted obligation and the restricted obligation): 1 – Al-Waajib Al-Mutlaq (unrestricted obligation): This is what the Shaari’ (Legislator) has requested to be done without restricting it to a specific time and an example of this type is the Qadaa’ of Ramadhaan for the one who did not fast due to a Shar’iy ‘Udhr (excuse/reason) like sickness or travelling. That is because he can make Qa