General Rules of Jurisprudence Lesson 16

1. General Rules of JurisprudenceLesson 16 القرعة لكل أمر مشكل ALQUR’ATO LEKOLE AMRIN MOSHKIL Drawing lots is solution to every complex problems The rule The source

2. The rule • If the reality was hidden in complexity and vagueness or ambiguity, and there was no evidence or practical principle which could define the reality or the practical responsibility, then the issue is resolved by QURA”A or drawing lots. • One of the ways to perform QURA’A is by writing the options on different pieces of papers and choosing one piece.

3. The source or the evidence: • Qur’an: • وَإِنَّ يُونُسَ لَمِنَ الْمُرْسَلِينَ {139} • [Shakir 37:139] And Yunus was most surely of the messengers.إِذْ أَبَقَ إِلَى الْفُلْكِ الْمَشْحُونِ {140} • [Shakir 37:140] When he ran away to a ship completely laden,فَسَاهَمَ فَكَانَ مِنْ الْمُدْحَضِينَ {141} • [Shakir 37:141] So he shared (with them), but was of those who are cast off.(MODHADHEEN or defeated)

4. The point of evidence: • When Prophet Yunus (Jonah) left his people so because of their disobedient God’s punishment can contain them, when he was traveling in a ship, the ship could not continue either because there was a whale obstructing the way or it was overloaded. So the captain wanted to decrease the load, and he made a draw of lots QURA’A, when ever he did it came in the name of YUNUS. • When his name came in the draw of lots, he went without hesitation, if it was not right to do and take the results of the QUR’A seriously, the Prophet Yunus (AS) would never have done it. And this is enough to prove the validation of the QURA’A.

5. Two objections: • The verse narrates a very old story, and there is nothing in it which proves the validation of the QURA’A not even in the Jurisdiction of Prophet YUNUS (AS) too. Respond: The verse indicates that Prophet YUNUS (AS) did it, and does not condemn his action, so it acknowledges his action of participating in QURA’A and does not condemn him for that. 2. If the verse proves the validation of the QUR’A’, then it proves in the legislation of Prophet YUNUS (AS) and not in our legislation. Respond: If it proves previously and we doubt in the continuation, then we can easily implement the ISTISHAAB (The principle of extending the previous rule on the doubt).

6. Second Verse supporting the permissibility of the QURA’A • ذَلِكَ مِنْ أَنبَاء الْغَيْبِ نُوحِيهِ إِلَيكَ وَمَا كُنتَ لَدَيْهِمْ إِذْ يُلْقُون أَقْلاَمَهُمْ أَيُّهُمْ يَكْفُلُ مَرْيَمَ وَمَا كُنتَ لَدَيْهِمْ إِذْ يَخْتَصِمُونَ {44} • [Shakir 3:44] This is of the announcements relating to the unseen which We reveal to you; and you were not with them when they cast their pens (to decide) which of them should have Marium in his charge, and you were not with them when they contended one with another.

7. Wish of the wife of IMRAAN • إِذْ قَالَتِ امْرَأَةُ عِمْرَانَ رَبِّ إِنِّي نَذَرْتُ لَكَ مَا فِي بَطْنِي مُحَرَّرًا فَتَقَبَّلْ مِنِّي إِنَّكَ أَنتَ السَّمِيعُ الْعَلِيمُ {35} • [Shakir 3:35] When a woman of Imran said: My Lord! surely I vow to Thee what is in my womb, to be devoted (to Thy service); accept therefore from me, surely Thou art the Hearing, the Knowing.فَلَمَّا وَضَعَتْهَا قَالَتْ رَبِّ إِنِّي وَضَعْتُهَا أُنثَى وَاللّهُ أَعْلَمُ بِمَا وَضَعَتْ وَلَيْسَ الذَّكَرُ كَالأُنثَى وَإِنِّي سَمَّيْتُهَا مَرْيَمَ وِإِنِّي أُعِيذُهَا بِكَ وَذُرِّيَّتَهَا مِنَ الشَّيْطَانِ الرَّجِيمِ {36} • [Shakir 3:36] So when she brought forth, she said: My Lord! Surely I have brought it forth a female-- and Allah knew best what she brought forth-- and the male is not like the female, and I have named it Marium, and I commend her and her offspring into Thy protection from the accursed Shaitan.

8. Zakariya (AS) took the responsibility: • فَتَقَبَّلَهَا رَبُّهَا بِقَبُولٍ حَسَنٍ وَأَنبَتَهَا نَبَاتًا حَسَنًا وَكَفَّلَهَا زَكَرِيَّا كُلَّمَا دَخَلَ عَلَيْهَا زَكَرِيَّا الْمِحْرَابَ وَجَدَ عِندَهَا رِزْقاً قَالَ يَا مَرْيَمُ أَنَّى لَكِ هَـذَا قَالَتْ هُوَ مِنْ عِندِ اللّهِ إنَّ اللّهَ يَرْزُقُ مَن يَشَاء بِغَيْرِ حِسَابٍ {37} • [Shakir 3:37] So her Lord accepted her with a good acceptance and made her grow up a good growing, and gave her into the charge of Zakariya; whenever Zakariya entered the sanctuary to (see) her, he found with her food. He said: O Marium! whence comes this to you? She said: It is from Allah. Surely Allah gives to whom He pleases without measure.

9. The story in brief: • HANNA and ESIYAH were sisters, HANNA got married with Imraan one of the leaders of Israelites, who asked Allah to bestow upon her a son , so God reveled to Imraan that He will bestow him a son who will cure the sick and bring back death to life, so when his wife HANNA conceived with a child she thought that was the predicted son, so she made an oath or NADHR that she will devote him fully to serve the temple in Jerusalem, but when she begot Marium (AS), she brought him to the temple to fulfill her oath, and some of the temple scholar was supposed to upraise her, and since she was so cute and ear, every Israelite scholar wanted to take her, and they made a draw of lot, where the stick of Prophet ZAKARIYA (AS) came out. • The draw was done that they threw their sticks in the river which ever stick floats, owner of that stick was the winner.

10. The point of support in the evidence: • The Prophet Zakariya (AS) he participated in the draw, if is was not permitted he would have not done it, and Qur’an does not condemn such act. • The same to points of discussion can be taken here with their objections and the responds. • ERAWANI: The only point these verses indicate is the permissibility of the QURA’A, it does not indicate that it is an obligatory solution, or this is the only solution from the legislator in solving the complexed matters, it only indicates when the parties agree to do such then it can be done. • So we cannot prove from the two verses that the only solution is the QURA’A in such matters. • If hypothetically these verses were indicators of QURA’A as the only solution, then it cannot be taken generally, but only in specific defined areas in the stories.

11. The WORD “MODHADHEEN”: • فَسَاهَمَ فَكَانَ مِنْ الْمُدْحَضِينَ {141} • [Shakir 37:141] So he shared (with them), but was of those who are cast off.The word (MODHADHEEN or defeated) indicates that it was not something which the legislator requires, it was some thing which was agreed upon the passengers, and he was defeated in it, if it was from the legislator, the verse would not have considered a defeat. • Conclusion: The verses are not helpful in supporting this concept as a general rule defined as the solution to every complexed problem.