Jurisprudence Examples for situations where Tafaqu is needed Wisdom of Tafaqu

Jurisprudence examples for situations where tafaqu is

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Jurisprudence Examples for situations – where Tafaqu is needed Wisdom of Tafaqu: Refer to Surah Al-Hashr [The Gathering] رسشحلسا ۃرو سسس ) ) Ayaat No 7 [57:7] ٰ ى َ ما َ ت َ ي ْ لا َ و ٰ ى َ ب ْ رُق ْ لا ي ِ ذ ِ ل َ و ِ لو ُ س ّ رل ِ ل َ و ِ ه ّ ل ِ ل َ ف ٰ ى َ رُق ْ لا ِ ل ْ ه َ أ ْ ن ِ م ِ ه ِ لو ُ س َ ر ٰ ى َ لَع ُ ه ّ للا َءا َ ف َ أ ا َ م ْ م ُ ك ْ ن ِ م ِءا َ ي ِ ن ْ غ َ ْ لا َ ن ْ ي َ ب ً ة َ لو ُ د َ نو ُ ك َ ي َ ل ْ ي َ ك ِ لي ِ ب ّ سلا ِ ن ْ با َ و ِ ني ِ كا َ س َ م ْ لا َ و ۚ Whatever fai’ Allah has passed on to His Messenger from the people of the towns is for Allah and for the Messenger, and for the kinsmen and the orphans and the needy and the wayfarer, so that it may not circulate only between the rich among you.  Equitable distribution of wealth 77
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Wisdom of Tafaqu: Refer to Surah Az-Zukhruf [The Gold] فرخسز لسا ۃروسس ) ) Ayaat No 32 [43:32] ٍ ض ْ ع َ ب َ ق ْ و َ ف ْ م ُ ه َ ض ْ ع َ ب ا َ ن ْ ع َ ف َ ر َ و ا َ ي ْ ن ّ دلا ِ ةا َ ي َ ح ْ لا ي ِ ف ْ م ُ ه َ ت َشي ِ ع َ م ْ م ُ ه َ ن ْ ي َ ب ا َ ن ْ م َ س َ ق ُ ن ْ ح َ ن ۚ ا ّ ي ِ رْخ ُ س ا ً ض ْ ع َ ب ْ م ُ ه ُ ض ْ ع َ ب َذ ِ خ ّ ت َ ي ِ ل ٍ تا َ ج َ ر َ د We have allocated among them their livelihood in the worldly life, and have raised some of them over others in ranks, so that some of them may put some others to work.  If all equal, will factory owner get labor? 78
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Wisdom of Tafaqu: Socialism Focuses on Equity If people are paid at home, then Why will maid/driver work  if they are given at home? Capitalist Focuses on Freedom There should be no restriction Efficiency There should be no wastage 79
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Sources of Rulings in Islamic Jurisprudence Examples for situations – where Tafaqu is needed Wisdom of Tafaqu: Islam Focuses on Equitable distribution of wealth Freedom Efficiency Compliance Convenience Convenience is proved from Q & S Refer to Surah Al-Baqarah [The Cow] ( ۃر س قب لسا ۃرو سس ) Ayaat No 185 [2:185] َ ر ْ س ُ ع ْ لا ُ م ُ ك ِ ب ُ دي ِ ر ُ ي َ ل َ و َ ر ْ س ُ ي ْ لا ُ م ُ ك ِ ب ُ ه ّ للا ُ دي ِ ر ُ ي Allah intends to provide ease for you and does not intend to create hardship for you. 80
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Sources of Rulings in Islamic Jurisprudence What is Islamic Position of XYZ? Means the term of the contract When I am rapping up my contract, what clauses can be entered & what clauses cannot be entered? Rule 1: Zahari said (Extreme) anything that has been declared exclusively permissible (Halaal) in Q & S, only those can be included in the contract as its clause Rule 2: Imam Ibn-e-Tamia (RA) [Liberal verdict/ یوت سسف – Extreme position] – Anything that has been declared haram in Q & S, will not be permissible, otherwise all other things are permissible 81
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Sources of Rulings in Islamic Jurisprudence What is Islamic Position of XYZ? – (Cont’d) If both the verdicts are marked on the bases of compliance Zahri 100% compliance But on the basis of convenience, it will be restricted People will not be able to do It will restrict them So, on the basis of convenience Below 40 perhaps 82
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