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Question about 'Maslahah Mursalah'

This is a discussion on Question about 'Maslahah Mursalah' within the Fundamentals of Law (Usul) forums, part of the Islamic Law category; Originally Posted by Break The Cross Someone told me to get married but erm I dono about that, girls are ...

  1. #21
    Join Date
    May 2004


    Quote Originally Posted by Break The Cross View Post
    Someone told me to get married but erm I dono about that, girls are weird. inshAllah I hope your cousin is fine now, what is he doign now? Maybe I can get some future advice b/c im really lost on what to do.

    Keep in a company of good brothers, and be sincere with Allah and He will make a way for you sooner or later. For now you maybe getting married is not a bad idea, even though this will make you more attached. My cousin got married at 18, but it didn’t work out, and they divorced after six month or so. Apparently she was one of those modern sisters, who while wear hijab, want to go to cinemas restaurants etc., and my cousin was different. But anyway he had some fun before being imprisoned. The main reason being his too much tawakul and not enough “tying of the camel” and basically talking too much. Before his parents even found which structures took him, he was severly tortured for a few days, and they even took him into forest and made him dig his own grave twice, but he didn’t sign a confession of being a mujahed. Then he was put on trial which went on for about a year, and all of this time he had spent in prison which a very bad, and which has caused great harm to his health. However, there were some intresting things that happened in prison. For example there was one drug addict of over 50 years old, who had never prayed a single salah, and who was just an outright criminal throughout his life. So he was from a wealthy family and they had done everything they could to rehabilitate him from heroin addiction, but to no avail. So when my cousin met him in a cell, he did daawa to him, and the man stopped using drugs, started to do salah, and basically he said that getting into this prison was the best thing that happened to him in his life. Also his relatives would call and were very thankful to my cousin for what he did. Such was my cousins conviction, yaqeen, and the way he speaks is very powerful, even though he might not have much knowledge and didnt study ilm specifically anywhere. Even much older people listen when he speaks, and he used to speak like a machine gun and with such conviction that after spending half an hour with him your Iman would increase greatly. However, now he has become careful, and does a much more addressed daawa.

    In the end the court cleared him of all accusations and he was released, and now he is recovering his health and looking for a wife
    Wallahu Allam!

  2. #22

    Join Date
    May 2008

    Exclamation Can Diya Of A Wmona Be Greater Than a Man's In A Specific Case ?

    Brother Abuz Zubair,

    what's you opinion about the following statement ?

    That which is not established as an asl in the quran and sunnah, then it can change from time to time and place to place. For example, This issue is on general terms that the women's diya is half of men. But that does not encompass a situation where a judge finds that a women who has been killed is amply greater than the average men due to her being some kind of doctor or other role she has fulfilled where her werth is great (monetarily speaking) whereby the judge would have to rule specifically in that case differently than the general rule because that case does not fit the general rule.
    Can the Diya of a Woman be greater than the average men in speical circumstances ?

    Is the issue of the Diya of a Woman a case of Maslaha Mu'tabarah or Maslahah Mulghah or Maslaha Mursalah ?

    Abuz Zubair:

    Generally, the Masalih are divided into three categories:

    i) Maslaha Mu'tabarah, and that is a Maslaha which Shariah has already sanctioned, such as the Maslaha in the prohibition of all intoxicants, or the legislation of Hudud.

    ii) Maslahah Mulghah, which may seem to be a Maslaha to many, however, the Shariah has deliberately closed all the doors to it. An example of that is if a king has marital relations during the day of Ramadhan, he is obliged to free a slave, even if he finds it much easier than fasting two consecutive months. One may argue that the purpose of a Kaffarah is Zajr, and therefore it isn't enough for the king just to free a slave, rather the Maslaha dictates that he fasts two consecutive months. The response to that would be, that this apparent Maslaha contradicts the Nass, which dictates that if one is able to free a slave, he has no choice but to do that. Hence, the 'Maslaha' here is blocked by the Shar'.

    iii) Maslaha Mursalah, which is neither sanctioned nor blocked by the
    Shariah. This type itself, splits into two categories:
    a) Maslaha Mursalah which falls in line with the Shariah, and
    b) Maslaha Mursalah which does not fall in line with the Shariah.

    For a Maslaha Mursalah to be regarded to be in line with the Shariah, and therefore acted upon, two conditions are applied:
    i) The Maslaha must be in line with the Shar'
    ii) The Maslaha must not contradict a Nass, Ijma' or Qiyas that is stronger than Maslaha.

    .................................................. ..........................

    Last edited by radiant-path; 1st November 2009 at 10:51 AM.

  3. #23
    Peculiarly Ostrobogulous Expergefactionist's Avatar
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    Default Re: Question about 'Masalah Mursalah'

    Can the Diya of a Woman be greater than the average men in speical circumstances ?

    Is the issue of the Diya of a Woman a case of Maslaha Mu'tabarah or Maslahah Mulghah or Maslaha Mursalah ?
    Maslaha Mu'tabara, and hence, the Sharia has explicitly sanctioned half-a-diya for women.
    A person who never made a mistake never tried anything new.

    Albert Einstein

  4. #24

    Join Date
    May 2008

    Default Re: Question about 'Masalah Mursalah'

    In our university masjid/musallah there is a segregated portion for women to pray inside the masjid and they have a separate entrance.
    But they are not free from the sight of men when they are coming to the masjid.

    A brother is arguing with me that if a female comes to the masjid wearing a skirt, which happens sometimes, she should be allowed to enter the masjid for prayer/ dars ?

    He is basing his reasoning on the maslah argument that
    "her intention isn't to create fitnah for men & if she isn't allowed to enter it would ward her off from Islam and it may have some adverse effect (in Islamic context) on her. If she is allowed to enter she could be advised by other sisters..... "

    However, I don't agree with his opinion that they should be allowed to enter.

    Isn't it against the sanctity of a masjid/musalaa to allow women to enter who are considered to be "clothed but naked" by the Shariah ?

    Brother AZ can you please advise how to address such a situation and elaborate as to which category of maslah does this fall under ?
    Last edited by radiant-path; 9th April 2010 at 01:58 PM.

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