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Jurisprudence Questions

Jurisprudence Questions (145)

Ameer's Q & A: The Shari’i Principles Between the Raajih (stronger opinion) and Marjouh (outweighed i.e. weaker)

This principle (‘asl) was popularly said by the late scholars, but we did not find this ‘asl in the books of the relatively old scholars. Ibn Najim al-Hanafi, who is a fundamentalist of the Hanafi (and it is said that this rule (qa’ida) was commonly used by them) mentioned only two rules:

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Ameer's Q & A: Withholding the Product (as a Collateral) for its Price

I would like to enquire about the following type of purchase: “Buying a car with a portion of its price, the rest of the payment is done as personal cheques, but the seller refuses to give up the car except after he receives the payment of the final cheque.” Is this considered halal or not? May Allah reward you.

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Answer to Question: Ruling on the Father Marrying his Daughter Off Against her Will

These Ahadith clearly show that if a woman does not give permission for her marriage then that marriage is not concluded. If she rejects the marriage or she was forcibly married the contract becomes void, except if she returns and consents to it.”

I hope that this will suffice, and Allah Ta’ala Knows Best and He is All-Wise.

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Ameer's Q & A: Who Are the Martyrs of the Aakhirah? And Who Pays off the Martyr’s Debt?

It was mentioned in the “Islamic Personality Vol. 2” book, page 165 under the topic “The Martyr”… in relation to the martyr of the Aakhira: (The authentic (position) as what came in Muslim is that they are five who are: (al-mat’un) who is the one who dies in the plague i.e. the known pestilence,

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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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