Legal principles [Final] - Sh.Abdallah Bin Bayyah

Session 7 (RIS Retreat)
Final session
-notes by Br.Suleyman

4th principle: Harm should be removed

So anything that harms goes under this principle. In the Quran it either says not to do harm or to remove it.

Ex. not to harm women
- to remove harm from the road

A lot of times when the Prophet or Quran shows something is mubah (permissible) it starts with “there is no harm in….”

Ex. smoking – it is harmful for yourself, and it harms others so you can’t do it.

Shouldn’t harm neighbours i.e loud music.

You shouldn’t harm animals

You shouldn’t harm nature

Shouldn’t harm civilians in war.

And you shouldn’t harm other people’s reputation or your own. So speak well.

You should also not harm the intellect – i.e intoxicants

5th principle: Matters are considered based on their intentions

Islam is not rites and rituals, there’s a spirit, the spirit is the intention, the niyyah.

This gives life to the worship. Allah does not only look at the outward actions but He looks at your intention

Hadith – “actions are nothing without intention”

You can not change the intention after the action is done already.

You can do an action that is pure but the intention can make it impure. Or you can do an action that is impure but the intention can make it pure.

Ex. a bad action can become good if you lie to an army to help save civilians or if the army wants to harm people

In terms of oaths – the validity of the oath depends on the intention

Ex. “Wallah don’t go to him” you said this because that person owes you some money and you don’t want someone to go to him. But once that person pays you back, the intention of the oath was resolved, so the oath is over.

In terms of marriage, some people marry because of the intention of a green card.

Scholars have differed on the validity of such a marriage.