Tuesday, 26 Jumada al-awwal 1441 | 2020/01/21
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Jurisprudence Questions

Jurisprudence Questions (141)

Is it Permissible to Buy a House Before it is Built under the Sale of Salam or Istisna'a (Manufacturing)?

I have a question: is it permissible to sell the house by Istisna'a contract? For example, a man has a land and sells the house that will be built in his land by the Istisna' contract. This house is accurately described in terms of its area, number of rooms, building materials etc.,

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Question & Answer: How to Understand the Hadith Nothing turns back the Divine Fate (qadaa’) except supplication

Question:

In the book At-Tafkeer Al-Islami, which is one of the adopted books, it mentions that supplication (du’aa) does not turn back the Divine Destiny (qadar) and does not change the Divine fate (qadaa’) or the knowledge of Allah (swt)). However there are texts from the Qur’an and the Sunnah that seem to me to contradict this understanding; it has been narrated that the Prophet (saw) said:
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UPDATED Ameer's Q & A: The Decisive Rule of the Prisoners of War in the Qur’an is Al-Mann or Fida’

In our books we find the narration of Saad bin Moaz’s verdict on the Jews of Bani Qurayza; to kill their men and confiscate their money and take their women as captives, although the decisive rule on the prisoners of war in the Qur’an is either Mann (kindness) or Fida (ransom): Is this ruling by Saad in contradiction with the rule of the Qur’an and thus we must drop this narration or is there another explanation?
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Ameer's Q & A: The Hadiths that Speak of the Prophet (saw) Praying for Abdullah Bin Abi Salool are Rejected by Diraya (Meaning)

In the book of the “Islamic Personality” Volume III (The Origins of Jurisprudence), under the section "There is no ruling before the statement of the Shar’’" on page 28 (Arabic), I quote the text: “There is no action from man, or anything related with man’s action, except that it has a ruling in Shariah, and there is no ruling except by the presence of an evidence related to it specifically from the speech of the legislator, since there is no ruling before the statement of the Shariah’.

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Ameer's Q & A: Dalalat Al-Iqtidha

In the book The Islamic Personality “Ash-Shakhsiyah” Volume III on the topic (whatever leads to a Wajib is itself a Wajib) on page 44 (Arabic version) it states: “and whether the cause is Shar’i like the format regarding the obligatory freeing (of slaves)” as if he refers to the verse of thihar, in Allah’s saying...

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Ameer's Q & A: The Punishment of Muhsan Zani [the married adulterer] in Islam

Regarding the death penalty for Muhson, is Qothie categorized in Fiqh Islam? There are some scholars such as Sheikh Abu Zahrah who do not categorize it as Hudud punishment. It is even supported by Sheikh Mustafa Zarqa who states that it is categorized in the sentence of Takzir. How do you think about this issue?

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