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.,
Question:In the book At-Tafkeer Al-Islami, which is one of the adopted books, it mentions that supplication (du’aa) does not turn back the Divine Destiny (qadar) and does not change the Divine fate (qadaa’) or the knowledge of Allah (swt)). However there are texts from the Qur’an and the Sunnah that seem to me to contradict this understanding; it has been narrated that the Prophet (saw) said:
In the book of the “Islamic Personality” Volume III (The Origins of Jurisprudence), under the section "There is no ruling before the statement of the Shar’’" on page 28 (Arabic), I quote the text: “There is no action from man, or anything related with man’s action, except that it has a ruling in Shariah, and there is no ruling except by the presence of an evidence related to it specifically from the speech of the legislator, since there is no ruling before the statement of the Shariah’.
In the book The Islamic Personality “Ash-Shakhsiyah” Volume III on the topic (whatever leads to a Wajib is itself a Wajib) on page 44 (Arabic version) it states: “and whether the cause is Shar’i like the format regarding the obligatory freeing (of slaves)” as if he refers to the verse of thihar, in Allah’s saying...
Regarding the death penalty for Muhson, is Qothie categorized in Fiqh Islam? There are some scholars such as Sheikh Abu Zahrah who do not categorize it as Hudud punishment. It is even supported by Sheikh Mustafa Zarqa who states that it is categorized in the sentence of Takzir. How do you think about this issue?