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Jurisprudence Questions

Jurisprudence Questions (149)

Ameer's Q & A: The Shari’i Principles Between the Raajih (stronger opinion) and Marjouh (outweighed i.e. weaker)

This principle (‘asl) was popularly said by the late scholars, but we did not find this ‘asl in the books of the relatively old scholars. Ibn Najim al-Hanafi, who is a fundamentalist of the Hanafi (and it is said that this rule (qa’ida) was commonly used by them) mentioned only two rules:

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Ameer's Q & A: Withholding the Product (as a Collateral) for its Price

I would like to enquire about the following type of purchase: “Buying a car with a portion of its price, the rest of the payment is done as personal cheques, but the seller refuses to give up the car except after he receives the payment of the final cheque.” Is this considered halal or not? May Allah reward you.

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Answer to Question: Ruling on the Father Marrying his Daughter Off Against her Will

These Ahadith clearly show that if a woman does not give permission for her marriage then that marriage is not concluded. If she rejects the marriage or she was forcibly married the contract becomes void, except if she returns and consents to it.”

I hope that this will suffice, and Allah Ta’ala Knows Best and He is All-Wise.

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Ameer's Q & A: Who Are the Martyrs of the Aakhirah? And Who Pays off the Martyr’s Debt?

It was mentioned in the “Islamic Personality Vol. 2” book, page 165 under the topic “The Martyr”… in relation to the martyr of the Aakhira: (The authentic (position) as what came in Muslim is that they are five who are: (al-mat’un) who is the one who dies in the plague i.e. the known pestilence,

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Is it Permissible to Buy a House Before it is Built under the Sale of Salam or Istisna'a (Manufacturing)?

I have a question: is it permissible to sell the house by Istisna'a contract? For example, a man has a land and sells the house that will be built in his land by the Istisna' contract. This house is accurately described in terms of its area, number of rooms, building materials etc.,

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