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:no_good::skin-tone-4: SADD AL-DHARA'I :no_good::skin-tone-4: - Coggle…
:no_good::skin-tone-4:
SADD AL-DHARA'I
:no_good::skin-tone-4:
INTRODUCTION
Scope:
SD is concerned with lawful acts & prevents means that leads to evil. :smiling_imp:
Example: Trading during Friday prayer. :money_with_wings::mosque:
Not necessary for end result to be obtain, as the idea of SD is to prevent an act of evil before it actually materialize.
Intention:
:point_up::skin-tone-4:Intention of perpetrator is not important.
The expected result determine the value of the act.
Example: Insulting idol-worshipers > Good intention of declaring falsehood, but it is unlawful as it consequently leads to unbelievers to insult Allah.
Definition:
Sadd: Blocking. :hand::skin-tone-4::red_cross:
Dhara'i: To obtain certain end.
SD: Blocking the means to an expected end, which likely to materialize, if the means towards it is not obstructed.
AUTHORITIES
ALLOWING
THE USE OF SD
HADITH
From Anas ibn Malik: The Prophet, peace be on him, said:
"If man extends a loan to someone he should not accept a gift."
(Sahih Bukhari)
Thus, creditors is forbidden from taking gift from the debtor in order to avoid riba'. :red_cross: :gift:
COMPANION'S
PRACTICES
Irrevocably divorced woman is entitled to inheritance if the divorce is to prevent her from inheritance.
The divorce then become a means to abuse. :frowning_face: :couple:
QURAN
Al-An'am:108
>
"And do not insult those who invoke other than Allah, in case they insult Allah in enmity without knowledge."
Good intention of declaring falsehood, but it is unlawful as it result to unbelievers to insult Allah. :heavy_multiplication_x: :speaking_head_in_silhouette:
RELATIONSHIP
WITH MAQASID
The means?
:thinking_face:
Wajib = wajib.
Haram = haram.
Evil = benefit
Evil > benefit
Considered evil. :imp:
:warning: General principle:
Preventing evil takes priority over securing benefit.
If the means violates the basic purpose of Shariah,
it must be blocked! :woman-gesturing-no::skin-tone-2:
:moneybag:
Protection of Property
:money_with_wings: > To ensure the women to get their maintenance even after the irrevocable divorce.
FACTS OF
THE CASE
To add, India’s 180 million-strong Muslim community has historically opposed such a move, saying it will erode their religious identity & violate the constitution.
It consequently, brings an outright ban on ‘triple talaq’.
:star2:
Issue?
>
WHETHER THE PRINCIPLE SADD AL-DHARA'I CAN BE APPLIED TO MATTER OF TRIPLE TALAQ.
:male-judge::skin-tone-5: :check: India’s lower house issued an executive order making the Islamic practice of
‘instant divorce’ as criminal offence
, punishable by up to three years in prison.
:male-judge::skin-tone-6: :green_cross: But, India’s Supreme Court declared ‘triple talaq’
unconstitutional
& ordered the govt. to legislate against it.
Muslim women say they have been divorced over messaging apps like WhatsApp or in letters, leaving them
without any legal remedy.
:love_letter: :cry:
