Sources of Rulings in Islamic Jurisprudence What is Islamic Position of XYZ

Sources of rulings in islamic jurisprudence what is

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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 (Cont’d) Imam Taimi’s verdict Compliance last limit Convenience maximum 83
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Sources of Rulings in Islamic Jurisprudence What is Islamic Position of XYZ? – (Cont’d) Imam Shafi (RA) and Imam Abu Hanifah (RA) Said we shall observe more things Imam Shafi (RA) We will see, if the clause is helping in that contract Example: Mr A purchased car from Mr B Its lawful and legal that The car enters the ownership & possession of Mr B, the buyer &, Mr. B gets the price of the car, say Rs 10 lacs from Mr A for selling it to him. 84
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Sources of Rulings in Islamic Jurisprudence What is Islamic Position of XYZ? – (Cont’d) Example (Cont’d): Mr B said Mr A, I cannot trust you Make payment by pay order This condition is aligned with earlier sale contract Mr A says to Mr B The car should be certified by Pak Suzuki, so I will get it checked & then take it To make sure that I am buying an Ok/fine car So, this clause is helping the contract 85
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Sources of Rulings in Islamic Jurisprudence What is Islamic Position of XYZ? – (Cont’d) Imam Shafi (RA) and Imam Abu Hanifah (RA) Said we shall observe more things Imam Abu Hanifa (RA) We will go further beyond & see, if this has been practice among people If it is been practiced by people then we will accept that condition If that condition is not been practiced by people, then if will not be sanctioned/ approved Can you see the fine balance between compliance & convenience? If not practiced amongst people Then, compliance will be given priority So, no problem for people 86
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Sources of Rulings in Islamic Jurisprudence What is Islamic Position of XYZ? – (Cont’d) Imam Shafi (RA) and Imam Abu Hanifah (RA) Said we shall observe more things Imam Abu Hanifa (RA) We will go further beyond & see, if this has been practice among people If one thing is practiced amongst people Then, we will not stop or ask to abandon it Example: Warranty 87
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Sources of Rulings in Islamic Jurisprudence What is Islamic Position of XYZ? – (Cont’d) Imam Abu Hanifa (RA) Example: Warranty Mr A have sold his car to Mr B, so the risk and reward get transferred to Mr B. Mr A has informed Mr B about the defects and now its Mr B’s property. It’s in warranty & if these things go bad or give problem, then I will fix it/therm This is against the contract But Imam Abu Hanifah (RS) would still sanction it / approve it. Why? Because at the end of the day, there is no Ayaat declaring Warranty as HARAM. We are amazed by the rigor of research and discussion amongst scholars. 88
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Sources of Rulings in Islamic Jurisprudence Islamic Finance In Islamic Finance Where there was room available Scholars have come up with verdict through Tafaqoo.
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  • Summer '19
  • Faisal Sawar

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