saddu alzaarai

8/12/2019 saddu alzaarai

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iii. A should but usually will lead to mafsadah.

For example, selling weapons to the enemy in time of war and selling grapes to wine makers.

The scholars disagree on this part. Some of them such as al-Shatibi sentenced this part as the first

part of which is forbidden, because there are strong suspicions that weapons would be used to

fight against the Muslims and the grapes used to make wine. While some others feel otherwise

because of the harm that will be considered invalid.

iv. A should act, but often leads to mafsadah.

In other words, this thing if done, will most likely cause mafsadah, but did not reach the level of

a strong suspicion let alone to a certain level of confidence.

For example, the deferred sale or also called as bay al-inah. This sale is believed to lead to the

occurrence of riba, but do not reach certain confidence. The scholars have different opinions on

this issue following the law:

a) Imam Abu Hanifa and al-Shafi `i (rh) allowed such sales as damages do not necessarily to

happen. It is merely hypothetical possibility mafsadah and possibilities. The law should be the

default (deferred sale) does not turn to illegal unless there is harm.

b) Imam Malik and Ahmad (rh) provides that the act was illegal (sale on deferred payment

terms) and aqad was canceled as a precaution of interest. In order ihtiyat, riba often happens in

this type of transaction although not intended as such. Therefore, the priority must ihtiyat

mafsadah, because in the context of a lot going mafsadah ihtiyat when normally it gets to the

stage strong impression. So in this case should be prioritized harm, because such injury must first

push to secure the benefit.

THE DIVISION MADE BY IBN AL-QAYYIM (RH) AGAINST AL-ZARAI:

i. Commits an act that would surely bring mafsadah.

For example, the cause of fornication mixed lineage and uncertainty of the status of one's

lineage. Doing this is certainly the path that leads to the damage.


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ii. The origin of the act but the intention should be to the downside.

For example, al-prayers marriage (marriage redeemable divorce). The act of marriage was

originally permitted, because it can lead to good. However, in the context of marriage prayers

this situation, a person who does not intend aqad marriage to get the benefit of it, but is intendedto enable the wife to remarry her first husband. Such acts are prohibited because doing so leads

to evil in the sight of the tenets of doing weddings only as a prerequisite to enable a married

woman to remarry her ex-husband.

iii. The act required but usually it leads to damage.

For example, the act of Muslims who profane God Pagans in front of them. The origin of this act

is for the good and the perpetrator does not have any bad intentions. However, normally this

insulting act can lead to disadvantages which Pagans would hurl back God when they do not

know. This act also prohibited by the laws of it.

iv. The act required but sometimes leads to damage.

Such acts should be condemned or voluntary or mandatory depending on the rate its maslahat.

For instance, a man sees the face of his fiance. The original law should act as it is

beneficial. Furthermore, the perpetrator is not malicious. Benefits of such acts even more

resulting from damages that may arise from this act. Islam requires acts such as this that by

looking at the benefits gained against the damage produced.

REFERENCES FROM PRIMARY AND SECONDARY SOURCES.

Evidence from the Qur'an

There are many verses in the Qur'an shows saddu Al-Zarai as arguments are taken into

consideration in conduct a ruling. Among them: (Al-Baqarah 2: 35)

Meaning: O Adam! Dwell you and your wife in Paradise and eat from whence whatever

you prefer, and do not approach this tree, (if you come) then into harm the wrong people.


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This verse explains that God forbade Adam and Eve from the tree near the utterance where by

the true meaning of this verse is prohibited to eat the fruit from the tree. This pronouncement

indicates that Allah has approached the tree is a measure of saddu Al-Zarai.

Among other passages that show saddu Al-Zarai accepted as an argument is based on the wordof God: (Al-Mai'dah 5: 101)

Meaning: O ye who believe! Do not ask (the Prophet) if things are explained to you may

causes you trouble, and if you ask about them when the Quran was revealed, they shall be

explained to you. God forgive (you) from (to ask) these things (which are not mentioned

in the Quran) for Allah is Oft-Forgiving, Most Forbearing.

This verse explains that God forbids believers from asking because of the fear of troublesome

questions people are asking and other Muslims. Ask the ruling is a must, but when it is often

inconvenient, then it becomes illegal. Thus, this prohibition is a step saddu Al-Zarai.

Evidence from the Sunnah

The scholars have set rules about saddu Al-Zarai as an argument based on the scores of the

Prophet (saw). Among them:

(Sahih Muslim)

Meaning: Command your children to offer prayers when they were seven years old, and beat

them if they left it at the age of ten years, and Isolate their beds.

This hadith describes Muhammad ruled the Muslims to isolate bed sons and daughters. This is

because, sometimes slept between males and females make room for the devil to influence them

to commit adultery. Although sex is not the case but it is likely to lead to the mafsadah moreover

the long sleep.


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Evidence of consensus

Many of the problems that arise at the time of the Companions had resolved their deals based on

saddu Al-Zarai. For example the event collection of the Qur'an in a Mushaf.

At the time of Uthman, the verses of the Quran written on bones, stones, animal skins and trunk

of the palm-fronds were collected and copied into one Mushaf Al-Quran. After a verse of the

Quran was copied in one Mushaf, the verses of the Quran on the bones, stones, animal skins and

trunk of the palm-fronds were burned. This meant that there exists a discrepancy between the

readings of the Muslim community at the time. Therefore, saddu Al-Zarai is a move to prevent

the reading of a dispute.

Evidence from Aql

If God forbid something, the way and the cause was forbidden and banned as a precaution so that

it is not done. If the road to unlawful things required, this creates a conflict with the ban and

seemingly at the same time open up to someone to do it.

For example, if a doctor wants to prevent a disease from spreading, they will prohibit patients

from doing things that are considered as the source of the cause of the disease occur. If not, it

will ruin all types of treatment. Therefore, everything that is required by God then, the way to

implement it is also permissible.

CONCLUSION

Saddu Al-Zarai is one of the methods discussed as a source in the setting of a law that is not

explicitly stated in the Quran or Hadith. In setting saddu Al-Zarai as a source of law, scholars

have differed whether this is accepted as a source of law or not.

REFERENCES

http://ensiklopediamuslim.blogspot.com/2011/09/saddu-dzaraaic.html

http://muhduzair19.blogspot.com/
http://ensiklopediamuslim.blogspot.com/2011/09/saddu-dzaraaic.htmlhttp://muhduzair19.blogspot.com/http://muhduzair19.blogspot.com/http://ensiklopediamuslim.blogspot.com/2011/09/saddu-dzaraaic.html

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