Into the rules. 26: If There Disputes

Into the rules. 26: If There Disputes

Qawa'id fiqhiyah

Rule Twenty Six

يقبل قول الأمناء في الذي تحت أيديهم من التصرفات والإتلاف وغيرها إلا ما خالف الحس والعادة

Those words were assigned Amanah Relating to Management, Damage And Other Issues-Related Assets To which mandated affirmative, Except When menyelisihi Reality And Habits [1]

This rule is very important to resolve disputes between property owners and the people who have been given the mandate [2] to manage the property. In a mudaraba or any similar agreement, property owners (investors) entrusted his property to someone else to manage, both in the trade, lease or others. In this case, if there is a dispute between property owners who have been given the mandate by the people associated with the asset, then the words are the words of those who received the assigned mandate. Because the property owner has entrusted the treasure to him and have him float the figure as.

However, if the statement of the person entrusted with the mandate menyelisihi habit or out of tune with the current reality, then the statement is not acceptable. For example, if a person is considered to be goods saying that the item has been destroyed because of fires. Whereas in reality there is no indication the fire accident, then his words are not acceptable. If no signs of fires, then a dispute between property owners with those who entrusted property, for example, the property owner insisted that the goods are entrusted was not burned, while the person entrusted with a mandate stating that the item was also on fire, then the words accepted the words of people who have been given the mandate. [3]

Other cases that could be an example of the implementation of this rule is as follows:

1. If a person represents to others to sell some items. Some time later, the item was damaged. Then he said to the assigned mandate, "You must change because you did not keep the treasure!" While those who have been given the mandate menyanggahhh, "I have earnestly guard. Therefore, I shall not change." So in a case like this, words are the words of people who received the assigned mandate. Because of his position as a person who was given the mandate, so that the words related to property damage, acceptable.

2. If someone depute another person to sell some clothes. Some time later dispute. The property owner said, "You're not offering that outfit!" And those who have been given the mandate says, "I have been offered." So, in this case, the received word is the word of the mandate entrusted. Because of his position as a person who was given the mandate, so that the words relating to the management of the property, was accepted.

3. When someone borrows an item to someone else. After some time, the owner of the goods to people who borrow to ask that the goods be returned. Then the borrower says that the item has been damaged due to the disaster. So in this case, the words of the original borrower is accepted because of his position as the person entrusted with the mandate, and indeed before he had to get permission from the property owner to take or make use of the goods.

With regard to damage compensation, the scholars differed whether the borrower is obliged to replace the goods or not. And strong opinion is that the borrower is not required to replace or pay damages unless it was not really keeping (tafrith) or excessive in its use (ta'addi). [4]

4. If there is a lease agreement between the two men. Then after the rental period is completed, the owner comes over to the tenant to request that the goods be returned. Then the tenant said that the goods are damaged because of an accident. Then the words of the tenants accepted due to its position as the person entrusted with the mandate. [5]

5. In mudahrabah contract, [6] the words mudharib (mudaraba goods manager) related to profit or loss of the goods management, accepted. Similarly, words related to the sale of goods, either in cash, credit, contract terms that he did, and so on. Because it is related to the management of the goods entrusted to him. [7]

In the above description has been made clear that this rule discussion revolves around the dispute between property owners with people who have been given the mandate relating to the management and property damage are mandated. On the other hand, sometimes disputes arise relating to the return of the goods, whether the goods have been returned or not. That is, if the person entrusted with the mandate to say that the treasure entrusted property has been returned to the owner, but the owner denied. So, in this case the scholars explain, if the recipient does not have the interests of the trust at all on the property, then his word is accepted. But if he has an interest, then rejected his words. (If the property is entrusted solely to the beneficiaries of the property owner then came the words of people who have been given the mandate received. However, if the person entrusted with the mandate to take advantage of the property entrusted to him, then the origin words are not acceptable). [8]

Implementation as follows:

1. When Ahmad deposit some money to Hasan. Some time later, Ahmad Hasan to ask for money to meet the dititipkannya it. Then Hasan said that the money was returned to Ahmad. So in a case like this, words are the words of Hasan received and he was not required to bring proof of return. Because Hasan carry property solely for the benefit of Ahmad and not concerned with it. In this case, he has also done charity while helping Ahmad brought the money. While God speaks k relates to those who do good deeds:

ما على المحسنين من سبيل والله غفور رحيم

There is no way at all to blame those who do good. And Allah is Oft-Forgiving, Most Merciful, [at-Tawbah / 9:91]

2. If someone saves another man's treasure from destruction because there is a natural disaster or a similar one. After that, the property owner stating that the whole or part of the property has not been returned to him. Meanwhile, people who save to say that he had returned all the property that he saved to its owner. So in cases like this, the words of the savior pro treasures. Because it brings these treasures for the benefit of property owners. And this makes also the generality of the word of Allah Subhanahu wa Ta'aladalam surah at-Tawbah above. [9]

3. When borrowing of goods from Hasan Ahmad. After a while, there was a dispute. Ahmad claimed to have returned the goods, while Hasan denies. So in cases like this, the legal side with Hasan. Because Ahmad brought the goods are for the benefit of themselves as well as to take advantage of it. Ahmad then recognition is not acceptable unless it can bring in proof of return of the goods.

4. When renting a car from Ahmad Hasan. After the expiry of the lease, see Ahmad Hasan returned to ask for his car. Then Ahmad said that the car had he returned to Hasan. So in this case, the words of Ahmad is not acceptable, because it brings the car to kemaslahatannya and he took advantage of it. [10]

Wallohu knows best.

[Copied from the Sunnah Edition magazine 07/Tahun XIV/1431H/2010. Published Lajnah Foundation Istiqomah Surakarta, Jl. Solo - Solo Purwodadi Gondangrejo Km.8 Selokaton 57 183 Tel. 0271-858197 Fax 0271-858196]

Into the rules. 25: If the draw is prescribed Afforded Unknown

Qawa'id fiqhiyah

Twenty-five rules

تشرع القرعة إذا جهل المستحق وتعذرت القسمة

If the draw is prescribed Eligible Persons Unknown

And Distribution Not Likely To Do

It has been mentioned arguments disyariatkannya draw [1]-when is not known who has the right-in the al-Qur `an and Hadith .. Allah Subhanahu wa Ta'ala says:

فساهم فكان من المدحضين

Then he joined then toss him including those who lost the lottery [ash-Shâffât/37: 141]

This paragraph deals with the story of the prophet Jonah Alaihissallam when leaving his people who would not believe in him, so that he arrived on the beach and saw the ship that will sail, so he climbed into the boat. It turns out the boatload too full load, so that when the ship is at sea can not move forward or backward in the middle of the ocean. If the charge is not reduced, all passengers would sink. To that end, they held a lottery to determine who among them will be excluded from the vessel. After the lottery, get out the name of the prophet Jonah Alaihissallam. Then he was thrown out of the boat. And he go into the mouth of a fish and lived some time in the fish's belly until rescued Allah Subhanahu wa Ta'ala. [2]

Another example, Allah Subhanahu wa Ta'ala says:

وما كنت لديهم إذ يلقون أقلامهم أيهم يكفل مريم وما كنت لديهم إذ يختصمون

And do not present with them when they cast their pens (to draw) who among those who will maintain Maryam. And you are not present at their side when they are disputed. [Ali 'Imran / 3:44]

This paragraph deals with the story of the Israelites pengemuka who fought to determine who among them is the right to take care of Mary. So, they agreed to go to a river to cast who should nurture him by throwing their pens, with the agreement that who among them is the questioner not be washed out of the river, then he was entitled to take care of Mary. Turns Alaihissallam pen Prophet Zakariya was not washed away the river water, so he was the right to take care of Mary. [3]

As for the argument of the Sunnah, is mentioned in the hadith:

عن عائشة رضي الله عنها قالت: كان رسول الله صلى الله عليه وسلم إذا أراد سفرا أقرع بين نسائه, فأيتهن خرج سهمها خرج بها معه.

Of 'Aisha radi anhuma he said: the Messenger sallallaahu' alaihi wa sallam when you want to go, so he gambled the wife. Who among those who came out undiannya, then he would go with him [4]

This rule has considerable application examples, both related to the issue of worship or muamalah. He them are as follows:

1. If there are two people fighting for the azan, while they are not muezzin Ratib [5] and no excess of one over the other, both in terms of beauty and loudness, or other characteristics to consider in prayer, the azan entitled determination made with the draw.

2. If there are two or more equally eager to be the imam prayer, while they are equivalent in terms of the beauty of literature, the depth of religious knowledge, hijra, and age, the priest has the right to be determined by the draw.

3. If someone wants to give a particular item, whether it be water, garments, vessel, or otherwise to those who most deserve such goods amongst a group of people. It turns out that a group of people have the same background properties, and is difficult to determine who among them is most worthy of such goods. Then eligible people is determined by the draw.

4. If there are several bodies that will disholatkan the most knowledgeable person's body is placed closest to the imam [6]. But if all these bodies have equality of the scientific side, there is nothing more important than the other one, then it is placed closest to the priests determined by draw.

5. If there are two bodies that had been buried in the grave because of a narrow, narrow time, or manpower burial slightly, then put more precedence to the grave and placed closer to the direction of Qibla is the most important body in between them . Namely, the bodies of the most knowledgeable and the most widely memorize Qur'ân al [7] However, if the two bodies have equality in science and rote, then the right to put to the grave first determined by lottery.

6. If there are two people alike stated that a particular item is hers, and no qarinah (signs) that amplifies one more entitled to the goods, the person entitled to have it determined by the draw. However, if the goods can be divided and the two agreed to split the items into two parts and each get half of the same section, it is possible. [8]

7. If there are two people fighting to get a good or mubâhât case [9], and the goods may not be shared, then the eligible people is determined by drawing For example, if there are two concurrent and equally willing to sit in a place specified in the mosque, so in this case the determination is entitled to sit in the drawing is done with.

8. If a woman is to get married and all right to marry a close relative who desires to be the guardian of her marriage, but they are all equal, then the determination is done by drawing guardians.

9. If someone has a slave, then he freed one of his slaves, but he forgot which one he freed slave, then the determination is set to draw.

Then, with regard to the discussion of this rule, it should be understood that if the level of ownership of two or more persons to an asset or debt is known for certain, and then they did the draw to determine who among them will get the property or debts in full, then this including gambling is forbidden by the arguments of al-Qur'ân, Sunnah and ijma '. Among the examples can be seen via the following two cases:

1. If a car is owned jointly by two people. Then they did the draw with a deal that whoever among them that came out her name in the lottery, then he is entitled to have the car fully, draw like this is not allowed because it is included in the category of gambling.

2. If there are two people both have receivables to So and so (a person), then the two people doing the draw, with the agreement that anyone among them whose name came out in the draw, all receivables So and so, either from the first or second person, be his. Then draw like this included in the category of gambling. [10] And Allaah knows best. [11]

[Copied from the Sunnah Edition magazine 04/Tahun XIV/1431H/2010. Published Lajnah Foundation Istiqomah Surakarta, Jl. Solo - Solo Purwodadi Gondangrejo Km.8 Selokaton 57 183 Tel. 0271-858197 Fax 0271-858196]

Into the rules. 24: The Fastest Better

Qawa'id fiqhiyah

Rule of Twenty-Four

من سبق إلى المباحات فهو أحق بها

Whoever Over the past (Found Or Getting) The Mubahat So Which Is She Such Entitled Top Case

This noble principle which explains that anyone who first discover or obtain the mubahat, then he is more entitled to obtain or make use of it. Mubâhât means everything that there is no special rights of ownership over it, whether it be land, a particular place, a plant that grows in the earth or the other.

Argument which shows the validity of this rule is the hadeeth narrated from Asmar bin Mudharris radi 'anhu, the Prophet sallallaahu' alaihi wa sallam said:

من سبق إلى ما لم يسبق إليه مسلم فهو أحق به

Whoever first came to a case than the other Muslims, then he is more entitled to these things. [1]

Also the hadeeth narrated from 'A'ishah radi anhuma, the Prophet sallallaahu' alaihi wa sallam said:

من عمر أرضا ليست لأحد فهو أحق بها

Whoever manages the land that is not owned by anyone, then he is more entitled to the land. [2]

This hadith explains that the person who first acquire and manage land that no man, then he is more entitled to own and use the land. Then other cases mubâhât diqiyaskan and convicted as mentioned in the hadith ground above.

The implementation of this rule, it can be seen from the following examples:

1. Associated with river water irrigation of rice fields. If the owners disagree about the rice paddy where the most precedence to get water from the river. So in this case the precedence is the highest position of rice fields, because it is usually closer to suangi position. After the rice has drained enough water and only then flowed into the fields below.

2. Relating to game animals, both on land and at sea. Anyone who had previously arrested him or his gun hit him first then he is more entitled to have these animals. The extent of the animal's view, the ownership can not be determined. Similarly, the presence of wood in the forest, there is grass in the pasture, he who first reached him that he was the one who is more deserving.

3. Associated with places reserved for public use, such as mosques or otherwise. Should not someone get someone else to stand up from his seat and then he sat down on the person. For example, Ahmad was sitting somewhere in the mosque listening to lectures. Then came and told Ahmad Zaid stood up, then sat down on the Zaid. So as this is not allowed. Because Ahmad first came to the place so that he is more entitled to sit there.

In a hadith narrated by Bukhari and Muslim from Ibn 'Umar anhuma explained that the Prophet sallallaahu' alaihi wa sallam said:

لا يقيم الرجل الرجل من مجلسه ثم يجلس فيه ولكن تفسحوا وتوسعوا

Should not someone tell others stood from his seat and then he sits in there, but you ought to give leeway and breadth. [3]

4. Associated with treasures diwakafkan, either in the form of land, houses, or other items that do not require approval under utilization of Nazhir (board) diwakafkan goods. So whoever is first up on the goods, he is more entitled to use it. For example, someone mewakafkan a house to be occupied by the poor, the needy whichever is first up to the house, he is more entitled to use it, until the needs of the house was finished.

It deals with a treasure-trove of waqf no nâzhirnya specifically. As if it is a treasure-trove of waqf was maintained by Nazhir (board) is special then its use is subject to the approval Nazhir, not based on who is first up on the stuff.

5. In connection with the dead land, which is land that no man in particular. Who comes first turn on the land and manage it, then he is more entitled to the land.

In this case, a person is said to revive the dead soil in which to make the fence so as not to enter the land of wild animals, or to build wells in the area so as to irrigate the land. Similarly can be done with the soil to drain water either from the river, or otherwise to irrigate the land. Or by clearing the land of rocks, puddles, or other objects that block the use of the land. Prophet sallallaahu 'alaihi wa sallam said:

من أحيا أرضا ميتة فهي له

Whoever revive dead land, then the land belonged to him. [4]

6. A man is not allowed to apply for women who have spoken for others, as long as the proposal has not been rejected by the woman or no permission of the first applicants. This is because the first one first melamarannya so he is more entitled, as saying of the Prophet sallallaahu 'alaihi wa sallam:

لا يخطب بعضكم على خطبة أخيه, حتى يترك الخاطب قبله, أو يأذن له الخاطب

Do any of you applying for a woman who has spoken for the other person to leave or permit applicants. [5]

7. Prophet sallallaahu 'alaihi wa sallam has been reported about the great reward that would be obtained by a person when standing in the first row and in the prayer in congregation. As word of his:

لو يعلم الناس ما في النداء والصف الأول ثم لم يجدوا إلا أن يستهموا عليه لاستهموا

If only humans know the size of the reward and the reward azan standing first row and while they can not get it unless they would surely toss toss. [6]

In this case, a person is first up in the first rows, he is entitled to occupy that position than anyone else thereafter. And Allaah knows best.

[Copied from the Sunnah Edition magazine 03/Tahun XIV/1431H/2010. Published Lajnah Foundation Istiqomah Surakarta, Jl. Solo - Solo Purwodadi Gondangrejo Km.8 Selokaton 57 183 Tel. 0271-858197 Fax 0271-858196]

Into the rules. 23: Muslims Must Meet Conditions That Has They Agree

Qawa'id fiqhiyah

Rule Twenty-Three [1]

المسلمون على شروطهم إلا شرطا حرم حلالا أو أحل حراما

Muslims Must Meet Conditions That Has Unless They Agree Terms Proscribe An Yang Yang Yang A Halal Or Haram justifies

As the previous rules, rules that are consistent with lafadz noble hadith narrated from Abu Hurayrah radi anhu, the Prophet sallallaahu 'alaihi wa sallam said:

والمسلمون على شروطهم إلا شرطا حرم حلالا أو أحل حراما

And the Muslims must fulfill the terms they had agreed terms except that forbids a lawful or an unlawful justify. [2]

This rule explains that the origin of the legal requirements that have been agreed upon by the Muslims in various contract is executed is allowed. Because it contains no prohibition beneficiaries and shari'ah about it. Obviously, as long as these conditions are not dragging the culprit got into a forbidden Allaah and His Messenger sallallaahu 'alaihi wa sallam. If it contains elements that can be dragged culprit haram fall into the haram cases these requirements are not allowed.

The terms of the original law that allowed as much, between for example:

1. In the purchase contract.

a. A person selling goods and set conditions so that he was still given the right to use the goods for a certain period before being handed over to the buyer. For example, Ahmad Zaid to sell his house to a certain price. Ahmad require that it still occupies the house for a month before being handed over to Zaid.

b. Someone buy goods with deferred payment terms up to a certain time period. For example, Ahmad Zaid buy a house from a specified price, on condition that half of the price paid when the contract immediately, while paid half a month later.

c. Purchaser requires that the goods to be purchased must have certain properties. For example, someone who wants to buy slaves and slave which he requires that the purchase would he have to have certain skills, such as reading and writing or other skills. Similarly, if someone wants to buy livestock and it requires the seller that the animal would he buy the milk production lot or otherwise.

2. In accounts payable contract, if people lend settled conditions there should be a guarantee of certain goods to the debtor. For example, Ahmad wanted to owe some money to Zaid. Zaid then said, "I will lend you the money with no collateral requirements."

3. Associated with endowment contract, if someone mewakafkan an item is accompanied by certain conditions. Hence the use of the endowments of goods must be adapted to the requirements specified by the pewakaf, as long as conditions are not menyelisihi shari'ah. For example, someone mewakafkan plot of land on the condition used for the construction of the mosque. Hence the use of the land must be adapted to the requirements specified pewakaf.

4. Similarly, the terms of which were made by a husband and wife within the bonds of marriage. For example, a woman said to her husband, "I want to be your wife on the condition I had stayed in the village of my birth." Or the woman that does not require polygamy or any similar terms. Then the legal origin of these requirements is allowed, as the words of the Prophet sallallaahu 'alaihi wa sallam:

إن أحق الشروط أن توفوا به ما استحللتم به الفروج

Verily the most mandatory requirement you exert is to justify the terms of marriage. [3]

The conditions that led to the culprit caught up in things that are forbidden Allaah and His Messenger sallallaahu 'alaihi wa sallam, then these requirements should not be filled and should not be implemented. Among the examples is the case of buying and selling slaves. If a man sells his slaves on the condition that the slave was later freed by the buyer (new master) then wala'nya [4] for the seller. Terms such as this is not allowed because it is contrary to the words of the Prophet sallallaahu 'alaihi wa sallam:

إنما الولاء لمن أعتق

Verily wala 'belongs to the person it was freeing slaves. [5]

The terms of which are forbidden to be divided into two:

1. The terms of the contract were unlawful and illegitimate cause.

Example is the requirement mut'ah in marriage. That marriage is limited to a specific period. If the time period is completed then the couple is divorced. For example, a man married a woman with the requisite marriage lasted for one month and after their marriage ended.

Similarly tahlil requirement in marriage. If a woman has been divorced three times by her husband, then the husband can not Ruju 'ex-wife that unless the woman has married another man, husband and wife have been in touch with the new husband and divorced again by her new husband's , without any elements of engineering. If there are engineering, for example, there are other men who applied for the woman, then the woman is willing but the condition after getting married and having a husband and wife, he should divorce so she could marry again with the first ex-husband. This is what is meant by the terms tahlil in perrnikahan.

Terms and conditions mut'ah tahlil is imperfect conditions (broken) which led to the marriage invalid. Because of this requirement is contrary to the original purpose of marriage disyari'atkan.

2. The terms are unlawful but do not cause akadnya canceled.

For example, the marriage without dowry requirements. When a man marries a woman with a condition without giving dowry to his wife.

Similarly, if a man marries a woman with no requirement to provide a living for his wife, or on the condition that his wife is getting a turn more or less than the other wives.

Then the terms of this kind include the imperfect condition (damaged) but not to cause the marriage contract was canceled. Because these conditions are not contrary to the original purpose of marriage, merely denying the things that must be accomplished in the form of marriage the wife's rights over her husband. And Allaah knows best.

[Copied from the Sunnah Edition magazine 02/Tahun XIV/1431H/2010. Published Lajnah Foundation Istiqomah Surakarta, Jl. Solo - Solo Purwodadi Gondangrejo Km.8 Selokaton 57 183 Tel. 0271-858197 Fax 0271-858196]

Into the rules. 22: Shulh (Peace) with fellow Muslims That Allow

Qawa'id fiqhiyah

Twenty-Second Rule

الصلح جائز بين المسلمين إلا صلحا أحل حراما أو حرم حلالا

Shulh (peace) with fellow Muslims That Allow Unless Peace One thing which justifies the Haram or Halal Proscribe A Case Yang

Rule noble invaluable taken from lafadz hadith hadith dishahihkan by some experts. It was narrated from Abu Hurayrah radi 'anhu, the Prophet sallallaahu' alaihi wa sallam said:

الصلح جائز بين المسلمين إلا صلحا حرم حلالا أو أحل حراما والمسلمون على شروطهم إلا شرطا حرم حلالا أو أحل حراما

Peace with fellow Muslims was allowed except peace justifies an unlawful or proscribe a kosher. And the Muslims must fulfill the terms they had agreed terms except that forbids a lawful or an unlawful justify. [1]

This hadith explains that all kinds of shulh (peace) among the Muslims is permissible, as long as does not cause perpetrators fall into a forbidden by Allah Subhanahu wa Ta'ala and His Messenger.

Here are some examples of the application of the above rules:

1. Shulhul iqrâr or as-shulh ma'al iqrâr (peace with acknowledgment)

For example, someone saw the goods he claimed as belonging to him, such as clock, but the clock was in the hands of others. then he said: "This Jam is mine!" People who are carrying at the said: "Yes, this is your watch. But I want to make peace with you in a way to give you some money then this hour is mine. 'If the owner agrees, then this shulh legitimate and is called as-shulh ma'al iqrâr or shulhul iqrâr.

When Zaid Ahmad approve the offer then this is allowed. This category includes Shulhul Iqrâr.

2. Shulhul inkâr or as-shulh ma'al inkâr (peace which accompanied the denial)

For example, the case of the above hours. If the hours it took to deny recognition of the man, saying: "This Jam is not yours but mine." Then he worried this problem will be prolonged, eventually he would like to finish by bringing peace. He said: "We are peaceful, I'll give you some money and time is still on my hands as mine." When people first agreed, then this shulh legitimate and called shulhul inkâr or as-shulh ma'al inkâr. See no indication in these events lie, Shaikh Muhammad bin Salih al Uthaymeen rahimahullah said: "Those who lie, then akadnya invalid."

3. Reconciled in khiyar 'disgrace (right buyer to cancel the transaction because there is a defect in the goods)

If someone buys something at a certain price, then he knows that there is a defect in the goods and he wanted to return it to the seller. When returning the item, the seller said, "What if the goods are not returned and I will give to you in the form of money damages as compensation for so many of the damage?"

If the buyer agrees this bid, then the peace that allowed category.

4. Reconciled in khiyar Syarth (right buyer to cancel or continue the transaction with certain conditions that have been agreed between the seller and buyer)

For example, Ahmad Zaid want to buy a house with the agreement of the purchaser given week. In this time, he has the right to cancel or continue the sale. But then, before the passing of time, Zaid Ahmad came and said, "What if we made this purchase, and we have completed the course with no wait time expires? As compensation, I will give you some money."

If Zaid Ahmad accept this, then this shulh shulh category (peace) are allowed and included in the generality of the above rules.

5. Reconciled in syuf'ah rights.

If there is an item owned jointly by Ahmad and Zaid, such as land or a house. Then sold his share to Yasir Ahmad. In this case Zaid could use syuf'ahnya right to cancel the sale. Zaid entitled interesting part has been sold and changed its status to Ahmad Zaid-owned or buy it at a price that has been agreed upon by Ahmad and Yasir. In this event, when Zaid will use syuf'ahnya rights, Yasir said, "What if you do not use the right syuf'ahmu? Because I want to have this stuff. As a consequence I would give some money to you. "

If Zaid agreed with Yasir offer this, then this category shulh (peace) allowed.

6. Reconciled in murder or other Diyat.

In the event of an intentional murder and injustice, the victim's family can sue or prosecute law of Qisas diyat (compensation for murder). If demanded diyat, then the amount that is specified in Shari'a camel tail number 100 by fulfilling various other provisions. In this case, if the victim's family to propose to the killer's family in order to provide diyat more than 100 individuals and families agreed killer, then this includes shulh (peace) allowed.

7. Peace in debt for an unknown number.

When Ahmad owe some money to Zaid. After some time, they both forgot the amount. In this condition, if Zaid said, "Why do not we name the face of Rp. 100.000, -, if par is actually more than that, so I let it go, but if par is actually less than one hundred thousand, then you were let go?" When Zaid Ahmad accept the offer then this includes shulh (peace) allowed.

8. Peace in the conjugal rights.

When a worried wife would be divorced by her husband, then the wife is saying to her husband, "I want to remain as a wife, as a consequence I Let go nafkahku reduced." If the husband agrees, then this is permissible including peace, as Allah Almighty says:

وإن امرأة خافت من بعلها نشوزا أو إعراضا فلا جناح عليهما أن يصلحا بينهما صلحا والصلح خير

And if a woman fears nushuz or indifference of her husband, then why not for them to make peace in truth, and peace was better for them. [An Nisa '/ 4:128]

Similarly, the entire peace being made to resolve disputes and disputes between people, then it is allowed and included in the generality of this rule, either through the intermediary of the judge or others. In conclusion, the legal origin of the peace it is allowed as long as not causing culprit in cases of illicit fall.

Among shulh (peace) which is not allowed because there are elements in it haram can be ascertained from the following examples:

1. If Ahmad owes an amount of Rp. 100,000 to Zaid. After some time, forget Zaid nominal, while Ahmad still remember the face, but he would not tell to Zaid. In this case, apabia Ahmad said to Zaid, "I also forgot how much owe it. Shall we name the amount of Rp. 50,000? I'm willing, if the amount of the debt is actually smaller than that. And let it go if the amount of the debt is actually greater than that . " Ahmad Zaid then approve the bid. Then peace is anathema to Ahmad, as he had been the case justify the unlawful.

2. If Ahmad owes an amount of Rp. 100,000 to Zaid, the payback period for one week. After a week passed, apparently Ahmad could not repay their debts. Ahmad then said to Zaid, "Give me a grace period for three days to pay off my debt. And as a consequence, I will pay my debt of Rp 100,000 with an additional Rp. 20,000 for you." If Zaid agreed, then such a peace is not allowed because it contains usury.

And Allaah knows best.

(Source: Al-qawa'id Usul al-wal-wal-Furûq Jûmi'ah Taqâsîm al-wat-an-Nâfi'ah Badî'ah, works of Shaykh 'Abdur-Rahman as-Sa'di, tahqiq: Dr. Khalid bin 'Ali bin Muhammad al-Musyaiqih, Darul-Wathan, Prints II, Year 1422 H - 2001 AD)

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Footnote

[1]. المسلمون عند شروطهم hadith narrated by Imam Bukhari 4/451 in mu'allaq with shighah jazm. And narrated by Imam Ahmad in maushul 2/366, Abu Dawud no. 3594, Ibn Jarud no. 637, Al-Hakim 2/45, Ibn 'Adiy no. 2088 from Abu Hurayrah radi anhu via the history of Kathir ibn Zayd ibn Walid Rabah. And in the history of Imam Tirmidhi no. 1370 of Kathir bin Abdillah bin 'Amr bin' Awf al Muzaniy from his father from his grandfather, the Prophet sallallaahu 'alaihi wa sallam said:

الصلح جائز بين المسلمين إلا صلحا حرم حلالا أو أحل حراما والمسلمون على شروطهم إلا شرطا حرم حلالا أو أحل حراما

Lafadz was presented also by the Al Kabir Thabrani no. 30, Ibn 'Adiy no. 2081, Dâruquthni 3/27, al Bayhaqi 6/79, Ibn Majah no. 2353 without a final sentence. This hadith is confirmed by hadith 'A'ishah, Anas, Abdullah ibn Umar, Rafi' bin Khadîj Rahiyallahu anhum. By collecting all periwayatannya path, then the above hadith Thabit or legitimate.

Please negligent Of Hints, Danger Arrogant, Envy, Lust Lust And Emotions

Heedless of pleading GUIDE

By

Hamd bin Ibrahim al-'Uthman

If one thinks about the people who get lost, both those who had preceded him and that during her, then she will find many of them it turns out people are smart.

Intelligence alone does not ensure the owner to achieve guidance and truth, but the Almighty Allah who gives guidance to whom He wills. Allah Almighty says:

ولكن الله يهدي من يشاء

But Allah leadeth whom He wills [al-Baqarah / 2:272]

This was recognized by those who have obtained guidance, grateful that Allah Almighty and His virtue in them. Al-Bara 'bin' Azib said, "Once the war Ahzab, the Prophet Muhammad sallallaahu 'alaihi wa sallam came with us to bear the ground, and I saw a white belly that he defiled the land, and to express,

لولا أنت ما اهتدينا ولا تصدقنا ولا صلينا

Ya Allah, were it not for thee we certainly will not get the hint, and we will give alms and pray [HR. al-Bukhari, Muslim]

Allah Almighty has said of the people of Paradise:

وقالوا الحمد لله الذي هدانا لهذا وما كنا لنهتدي لولا أن هدانا الله

The inhabitants of heaven saying, "Praise be to Allah who has leadeth us this paradise, we are not going to get a clue we would Allah guides not" [al-A'raf / 7:43]

There are many things that cause trouble, dissent and disagreement. As a result, the truth became so faint for those who seek it. Therefore, we must seek guidance to Allah the One Almighty giver petujuk, Knowledgeable, and Maha decide matters disputed by humans.

Shaykh al-Islam Ibn Taymiyyah rahimahullah said, "Sometimes a case can be blurry in the beginning, then Allah Almighty a people who believe in the truth of the matter is they can not agree with his permission after (him) for help and guidance to Allah Azza wa Jalla, and felt the need to Him. Allah Almighty will leadeth whom He wills to a Straight Path. "[1]

He also asserted, "In essence, a servant so requires knowledge and guidance that he beg and ask of Allah Almighty. So, with the name of Almighty Allah and feel the need to Him, Allah Almighty will give him a clue, as his word in the hadith Qudsi,

يا عبادي كلكم ضال إلا من هديته فاستهدوني أهدكم

O My servants, all of you are astray except for those I give instructions, then ask for directions to Me I will certainly leadeth you [HR. Muslim no. 4674]

The Prophet sallallaahu 'alaihi wa sallam say a prayer request in the following guidance:

اللهم رب جبرائيل وميكائيل وإسرافيل فاطر السماوات والأرض عالم الغيب والشهادة أنت تحكم بين عبادك فيما كانوا فيه يختلفون اهدني لما اختلف فيه من الحق بإذنك إنك تهدي من تشاء إلى صراط مستقيم

Ya Allah, Lord of Gabriel, Michael, and Israfil, Creator of heaven and earth, the Almighty knows the unseen and the visible. Thou who decide disputed cases your servants, then tunjukilah I told the truth in the case that they can not agree with your permission. Verily thou leadeth thee to anyone who wants to the straight path [HR. Muslim no. 1289]

He also said, "If a slave feel the need to Almighty Allah, then continue to reflect on the word of Allah Almighty and His Prophet's sayings, sayings of the Companions, and the imam of the Muslims tabi'in, it will open the way for her guidance." [3]

He also said, "He who has seen the truth clearly, then he should follow him, and whoever is still vague, then she must be silent until Allah Almighty give him clarity. Let him seek help by praying to Allah Almighty.

Almighty Allah says about the Prophet Moses Alaihissallam:

عسى ربي أن يهديني سواء السبيل

Hopefully Rabbku leadeth me the right path [al-Qashash/28: 22]

Al'allâmah as-Sa'di rahimahullah said, "Someone who study a science, when they wanted to practice it or talk about it, if it has not been clear to him the truth of one of the two opinions after his heart and desire to seek the truth, verily Allah Almighty will not waste such a person. It's like that had happened to the Prophet Moses Alaihissallam, when about to go to the town of Madyan in the state do not know the way to get there, he prayed that means 'hopefully Rabbku leadeth me the right way' and Allah Almighty has leadeth and realize hopes and dreams. "

Ibn al-Qayyim rahimahullah said, "If the goal is great enough, and colleagues are knowledgeable advice giver has with you again, then went with all the spirit in the presence pendahulumu, and may you always remember the One who has taught at Abraham Alaihissallam truth." [4]

(Adapted from ash-Shawârif 'Anil Haqqi, Hamd bin Ibrahim al-' Uthman, Imam Ahmad Dar ed. II Th).

[Copied from the Sunnah Edition magazine 12/Tahun XIII/1431H/2010. Published Lajnah Foundation Istiqomah Surakarta, Jl. Solo - Solo Purwodadi Gondangrejo Km.8 Selokaton 57 183 Tel. 0271-858197 Fax 0271-858196]

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Footnote

[1]. Ash-Shafadiyyah p. 1/295

[2]. Majmu Fataawa 4/39

[3]. Majmu Fataawa 5/118

[4]. Daris Miftâhu Sa'adah 1/32

HAZARD ARROGANT, IRI, EMOTIONS AND lust

Joints of disbelief that there are four: al-kibr (pride), al-envy (jealousy), al-ghadab (angry or emotional) and ash-lust (lust)

Arrogance will deter someone from doing obedient. Jealousy prevents someone from receiving or giving advice. Angry preclude someone from being just. Lust preclude a person from focusing on worship. That is, if the joint pride was gone, then one will easily undertake obedience. If there is no sense of envy, then someone will easily receive or give advice. If no emotion, then one can be fair and tawaddhu '(grovel) easily. If lust is not there, then someone can easily patience, restraint and focus on worship.

Fourth reprehensible nature of this can not just disappear. Solid mountain easier than four of these properties disappear. Especially when these qualities have become inherent temperament, then no one else could have done deeds consistently and soul culprit could not clean during these bad traits still attached even though he did good deeds. Every time I try to do good deeds, these four properties coming ruin. And all the disasters that befall a person from four starts this nature. If the properties are perched in the heart, he will change the view is breathtaking, a false look of truth looks haq and falsehood, which ma'ruf look unjust and vice versa. These properties will bring the perpetrators to keep him away from the world and the Hereafter.

If we contemplate infidelity various people, we will see that their kufr that originated from this despicable traits. Properties is what causes the torment. Adzab heavy or light depending on the lightness or heaviness of the bad qualities in a person. Whoever gives the opportunity for these properties to perch his heart, meaning he has opened the doors for her ugliness, in the world and the hereafter. Instead, whoever closes the gap for these traits, means he has closed all the way ugliness. Vices is blocking one of obedience, sincerity, repentance, accept the truth, receive advice and blocking of tawaddhu 'to God Almighty and our fellow creatures.

Vices may arise due to the ignorance of a servant to his Lord and his ignorance against him. People who knew his Lord with a variety of properties and the perfection of His majesty, also know himself with disgrace and shortcomings, then he would not be arrogant, do not be emotional and will not feel jealous of the favors that Allah Almighty bestowed to others . Harbored jealousy actually including rebellion against God Almighty. Because he hates the grace of Allah Almighty that of the servant, but God Almighty love this gift. The envious man wants the grace of Allah Almighty it disappeared from the servant, but God Almighty otherwise. Thus, the mean spiteful against God Almighty in qadha ', mahabbah and His mercy. With nature because it is arrogant and spiteful envy, Satan became essential to the enemy of Allah Almighty.

Both of these reprehensible nature can conguered to know Allaah, His mentauhidkan, feeling pleased with Allaah and repent to Him.

Anger or emotional nature can be subdued with knowing yourself and realize that he does not deserve to anger in defense of lust. If he's mad lust for the defense, meaning he prefers his own lust and wrath fun to Allah Almighty. In fact, a believer should not be like that. The most surefire way to get rid of properties that used to be angry to be angry just because Allaah or pleasure simply because Allah Almighty. Because every time the angry and such a pleasure to come, then the opponent will disappear, and vice versa.

While the drug is to believe the passions that follow all lustful desires actually a major cause obstruction to the enjoyment of fundamental desires, and maintain that desire to be the main cause for the obstruction of the lust for pleasure. Every time you open the door the same lust means you tried to deter him from the pleasure principle, and every time you stop him lust means you are trying to deliver passion in order to achieve the ultimate pleasure.

The anger towards the same fate as a wild animal. If released, he will begin to pounce owners.

Lust is like fire. When turned on, he's ready to burn the person who turned it on. It's like the pride of the rebels, if he did not succeed to kill you, then he will throw you out of the area of ​​your power, and jealousy are the same as dissidents against the One who is more powerful than you (ie God Almighty)

If the person who managed to conquer lust and emotions, then the devil will go away, while those who capitulated against lust and emotions, then he afraid of his own shadow.

O Allah, make our souls devout soul, wipe it. You are the Essence best that can cleanse our souls

(Adapted from Fawâidul FAWAID, works of Ibn al-Qayyim rahimahullah, tahqiq Sheikh Ali bin Hasan bin `Ali` Abd al-Hamid al-Halaby atsary, p. 288-290)

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