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Today's Daily Devotional Picture: Responsibility of Power
~ Our loving God is the King of the universe who rules supremely with love, kindness, ultimate fairness and matchless power. ~
#Christian #ChristianLiving #dailydevotional #responsibility #power #rule #universe #king #God
Hey @CCSOMD Sheriff Berry, I heard a car(s) were shot up Saturday night in LaPlata.
#Thugs #Rule in #CharlesCounty.
#Rule: Any condition that does not contradict the purpose or terms of the contract, but rather serves its interests, renders the contract valid when included.
(A condition stipulating that instalments become due upon breach does not contradict the purpose of the finance contract; rather, it regulates the consequence of non-fulfilment of the obligation. Therefore, the condition is in the interest of the contract, and its fulfilment necessitates the triggering of the consequence of the instalments becoming due, without altering the substance of the contract).
#Rule: Islamic law recognises as ‘maqasid’ (objectives) only those matters which serve a valid purpose that achieves a benefit or prevents harm.
(The purpose of stipulating settlement is to address the consequences of a breach, protect the right to fulfilment, and prevent the harm caused by delay and dispute; it is therefore a valid purpose relating to the benefit of the transaction and not merely a means of imposing hardship on the customer).
#Rule: The general principle regarding conditions is that they must be fulfilled.
(Once a condition of settlement has been established by mutual agreement and its grounds have been fulfilled, the general principle requires that it be honoured; it is therefore not valid to disregard the condition after the breach to which it was attached has occurred, but rather it is necessary to implement the agreed-upon consequence).
#Rule: The scope of a matter is determined by the
extent of its application.
(Since delay and procrastination in performance are situations that necessitate regulating their consequences, the scope of stipulating a condition of settlement has been broadened to address recurring situations; the general need requires the establishment of a prior condition that governs the consequences of breach, and thus the need for this condition arises due to the frequent procrastination of debtors).
#Rule: Consent alone is sufficient to give rise to
obligations.
(The client’s consent upon concluding the contract subject to the condition of fulfilment necessitates the establishment of their obligation thereunder; thus, in the event of a breach, there is no need to create a new obligation. However, the activation of the condition’s effect requires the occurrence of the event to which it is attached, namely the client’s breach of their obligations).
#Rule: That which is included within a thing is subject to the same ruling as that thing.
(Just as the principal of the instalments becomes due upon the occurrence of the condition for payment, so too does the profit included within them fall under the same ruling, since the profit is, by the rule, included within the instalments).
#Rule: What is included in its entirety is included in its parts.
(It may be argued that, since the total of the instalments is subject to the condition of maturity, the parts of this total—including the profit contained in each instalment—are consequently subject to the same ruling).
#Rule: Prevention is easier than remedy.
(If the parties stipulate and agree from the outset that all instalments shall become due in the event of a breach by the customer, this condition is established from the outset to regulate the consequences of the anticipated breach; it is not intended to create a new right after the breach has occurred, since prevention, precaution or averting a problem before it arises is easier than remedying its effects after it has occurred).
#Rule: Profit follows the principal sum and therefore belongs to the owner of the principal sum.
(If the principal debt is due to the bank, the profit to which it is entitled in respect of that principal belongs to it; consequently, the inclusion of instalments comprising profits in the maturity clause necessitates that the profit attached to the principal be included in the ruling, provided that its entitlement has been established in the original transaction).
#The_Issue_There_is_no_objection_to_stipulating that all instalments, including profits, must be paid into a current account held under a tawarruq arrangement in the event that the customer fails to meet their obligations.
#Rule: The preservation of interests applies both in terms of existence and non-existence.
(Requiring all instalments to become due and payable should the customer default on their obligations serves to preserve the bank’s interests in terms of both existence and non-existence, by preventing the consequences that might arise from the continuation of instalment periods, such as the inability to enforce the right or an increased risk of non-fulfilment).
#Rule: The guiding principle regarding conditions that do not render what is lawful under Sharia unlawful is that they must not be precluded by a textual provision or consensus.
(The stipulation that instalments become due upon the customer’s breach is not prohibited merely because it is a condition in the contract; rather, one must consider whether there is a Shari’ah-based impediment preventing it. It is established that it is permissible to stipulate that instalments become due upon default, and the default position regarding this condition is that it is valid unless an impediment is established).
#Principle: Muslims are bound by their terms
(If, upon concluding the financing agreement, the bank stipulates to the customer that in the event of a breach of their obligations, all instalments shall become due, and the customer consents to this, then this condition becomes valid in the contract; the interdependence between consent to the condition and compliance with its terms necessitates that its effect be enforced when the cause for it arises).
#Rule: The basic principle in contracts is the consent of the contracting parties; the obligation arising therefrom is that which they have agreed upon.
(The customer’s consent to the inclusion of the acceleration clause in the finance contract implies that what the parties have imposed upon themselves is binding in the contractual relationship; therefore, under the terms of the contract, a breach by the customer necessitates the acceleration of instalments in accordance with the agreed condition).
#Rule: A condition relates only to future matters; it has no bearing on the past.
(A breach of obligation at the time the contract is formed is a potential future event; therefore, it is valid to make the payment of instalments conditional upon it, as the condition does not render the instalments due from the outset, but rather necessitates their payment should a breach occur in the future).
#Rule: The ruling is based on the cause
(Since the client’s breach of their obligations is the cause upon which the payment of instalments is contingent, the correlation between the cause and the ruling necessitates that the mere conclusion of the contract does not in itself entail the payment of all instalments; rather, it is the realisation of the cause of payment that triggers the ruling—namely, the payment of the instalments covered by the condition—in order to prevent delay in payment and to avoid the risks arising from non- fulfilment).
#Rule: The relevant attribute is treated as a condition.
(The description of the client as having breached their obligations is a relevant attribute upon which the legal effect is contingent; therefore, whenever the attribute of breach is fulfilled, this necessitates its effect, namely the payment of the instalments in accordance with the condition).
#Rule: The non-fulfilment of the condition entails the non-fulfilment of the condition’s subject.
(If the customer has not breached their obligations, the condition upon which the instalments’ due date is contingent ceases to exist, and the contract does not require the instalments to become due; however, if a breach occurs, the condition is fulfilled and its effect is triggered).
If I said I didn’t give a fu*k I’d be lying. And one thing I can’t do is lie #Rule
#Rule: Far-fetched interpretations are disregarded.
(It is not valid to interpret the receipt of part of the profit in advance as a separate interest that varies according to the financing period, if the total price has been determined and established in the contract and the profit was included therein from the outset of the sale; therefore, interpreting the transaction in a manner that contradicts its contractual reality is not to be considered).
#Rule: Maturity does not prevent the transaction from being valid.
(The maturity of part of the price upon completion of the sale does not prevent the remainder of the price from remaining deferred for the duration of the financing; therefore, it is permissible to collect part of the profit and the price in advance whilst the contract remains in force, and to complete payment of the remaining price in accordance with the agreed instalments).
#Rule: A small portion of the amount due does not undermine the purpose of the contract.
(Receiving part of the profit in advance does not undermine the purpose of the tawarruq contract, provided that the sale has taken place, the total price is known, and the remaining amounts due remain payable by the customer by their specified due dates; therefore, receiving part of the profit does not necessitate the immediate payment of the entire price).
#Rule: A delay without a specified purpose is deemed null and void.
(If part of the profit remains deferred during the financing period, this delay must be for a specified purpose, achieved by setting specific dates and durations for the instalments; it is not valid for the instalments of the remaining profits to be open-ended without a specified deadline).
#Rule: The effect of a thing does not exceed that of its origin in terms of prohibition.
(If the original Tawarruq contract has been completed in accordance with Sharia and the total price has been established as a liability on the customer, and the collection of part of the profit in advance is merely a method of collecting part of the price, then the method of collection is not more prohibited than the original transaction; thus, the profit does not become an independent interest merely because the time of its collection has been brought forward, provided it remains part of the fixed price stipulated in the contract ).
#From_the_Decisions_of_the_Shari’ah_Committee
"..#OneRing ⭕ To #Rule Them All.. = Tall 🤍 ✨ 🟡 @ M, He Rule... O.T. B.C. #DiNG & #ON ☁️." O.
Masons, "Castle = S.S, M, & C° #Sat..🌱 🆙Lean @ NA... 🌱 🫂 ✨ ♥️☮️."
Illuminated, "Eye.. = EE Y(oshua) & #Dean Um.. @ 📜 Lit +&- A. ⭕ ²EE... 😭 ."
Sumeria, "Merkaba = #Ka 👀 🌱 🗺️ 🅰️&🅱️ ⚖️ Mr. E. Sim Era 🌱 🆙🌳#EE² 🆙#1 ⭕ 💍."
"Arc Masters, #Traditions = Sit On I.D. 📜 🔒 ⭕ 🔒 (VS) -#Ace, Rat, E, M, & S.S." Gaia
#Rule: Anyone who is entitled to exercise a right is not prevented from waiving that right.
(The bank is entitled to the profit; if it is permissible for the bank to exercise its right, then its ownership of that right does not necessitate its full realisation, but rather it is permissible for it to waive part of it).
#Rule: A person is not prevented from waiving their right, or part thereof.
(The bank’s waiver of part of its profits constitutes a waiver of part of its right; this implies that it is permissible to waive the right it holds, so its waiver of part of the profit is not prohibited in principle).
#Rule: Whoever is granted something has the right to it; if they wish, they may take it, and if they wish, they may forgo it.
(Since the profit is a right of the bank, the fact that the right belongs to it implies that it may choose to take it or forgo it; therefore, it is permissible for the bank to waive its profits if the customer undertakes to repay the amounts due throughout the term of the financing).
#Rule: The focus is on the outcome, not the current situation.
(One should not look solely at the profit situation at the time the financing is arranged; rather, the focus is on the outcome of the transaction at the time of repayment. If the matter results in the bank waiving some or all of the profits, what is taken into account is the final effect of this waiver on the settlement).
#Rule: The principle is good faith.
(Since the method of early repayment and the amount of the discount affect the final sum to be paid by the customer, good faith requires that the bank disclose to the customer the method of calculation and the amount of the discount, so that the settlement is known and clear).
#Rule: Reciprocity.
(The customer’s obligation to repay is matched by the bank’s waiver of profits, whilst this waiver remains a voluntary gesture on the part of the bank and is not a binding condition of the contract).
#Guideline: Waiving part of the deferred debt owed by the debtor and bringing forward the remainder, provided this is not made a condition, is permissible.
(The customer brings forward the debt and the bank waives part of the deferred amount, provided that this waiver is not made conditional upon the bank).
#Guideline: Waive part of it for me and I will pay the remainder to you in advance.
(This implies that the bank waives part of the debt and the customer pays the remainder in advance).
#From_the_Shari_ah_Committee_s_Decisions
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