Matan Baiquniyah Dan Terjemahan ke dalam Bahasa Melayu

Monday, April 28, 2014

Manzumah Baiquniyah. Juga dikenali dengan Matan Baiquniyah. Ia kitab ringkas berkenaan ilmu mustalah hadith, suatu ilmu yang membahaskan istilah-istilah khusus berkaitan periwayatan hadith dan kategori-kategori hadith.

Ia mengandungi 34 bait syair (atau dipanggil nazam di dalam bahasa arab). Pengarangnya dikatakan bernama Toha Bin Muhammad Bin Futuh Al Baiquny As Syafie. Ada yang mengatakan namanya Umar. Tidak banyak diketahui mengenai latar belakang pengarang ini. Namun kitab kecil ini amat masyhur di kalangan penuntut ilmu hadith.

Saya sertakan klip video yang melagukan nazam ini, membuatkan ia mudah dihafal. Panjangnya hanya 4 minit lebih. Jika diulang-ulang, pasti lekat di minda seperti lagu-lagu yang biasa kita hafal. Buat yang ingin mendapatkan audio sahaja, boleh dapatkan di sini, ---> MP3 MATAN BAIQUNIYAH (Untuk memuat turun, klik kanan dan pilih "save link as")

Saya sertakan di bawah ini teks Matan/Manzumah Baiquniyah. Jika terdapat masalah untuk memuat turun dari Scribd, saudara/saudari boleh tinggalkan email di ruang komen di bawah. Saya akan emailkan salinan PDF kepada anda.

Sepertimana tradisi pengajian, saya nukilkan pendahuluan yang sering disebut oleh guru-guru saya di permulaan pengajian mereka;

وَ قَالَ المُصَنٍّفُ رَحِمَهُ الله تَعَالَى - وَ نَفَعَنَا بِعُلُومِهِ وَكِتَاَبَتِهِ فِي ِ 
الدَّارَيْن - آمين

"Dan telah berkata pengarang kitab ini (semoga Allah merahmatinya), semoga kita beroleh manfaat dengan ilmu dan penulisannya di dua negeri (yakni di dunia dan negeri akhirat yang abadi) - Amin"

To err is human

Sunday, April 20, 2014

To err is human, to forgive is divine.

I came across an attack against Ustaz Don. The veracity of facts found in few of his teaching is in question. From what I can see, he appears to be humble and knowledgeable. Maybe some of the discussion is not befitting the intellectual level of the audience, causing backfiring unto him.

There is a saying in arabic - خاطب الناس على قدر عقولهم which means "speak to the people according to their level of understanding." Discussion in classes in university might turn to be unsuitable to be spoken of in ordinary musolla and masjid. The audience might not comprehend the facts correctly, leading fitnah to spread. At the university, the student are chosen and filtered, so the level of intellectual are almost levelled and they prepare to agree to disagree, or so they seem to appear. 

I recall one occasion where my lecturer, Ustaz Yaacob, had reminded the class not to play truant in his lectures and promised that those with full attendance will pass his subject. He paused. Having heard his assurance, we were glad. He then resumed, "If you attend all of my classes and yet you still fail, it is not your fault. It is the university's fault. Why they admit you in the first place?" The sweet turned sour. He was insinuating us. HAHAHA.

Syeikh Rohimuddin had once spoke of something valuable. He said, when a student is distancing himself from his teacher upon seeing his teacher committing something unbecoming of a teacher, the student is lack of understanding in ilmu tauhid. Why? Because he had attributed his teacher with perfection, which is only befitting the one and the only Creator of this universe, جل و علا. He forgets that the teacher is a mere human, capable of committing error. 

I see Ustaz Don has touched many souls. His approach is close to people's heart. He presents Islam in a realistic manner and easy to be understood and received by ordinary people. He might not be right all the time. That makes him human. He remains humble and appears to be disturbed by the attack directed at him. That is more human. I pray may Allah give him strength to carry out what he had started.

A touch

Wednesday, April 9, 2014

Looking at pictures shared at social networks, some are funny, some are mind opening and some give good reminders. As the saying goes - a picture will tell a thousand of stories.

Acknowledgement of seeing or expressing interest with a picture is manifested by clicking "LIKE" button at Facebook or a simple double tap at Instagram (or clicking the love button). I keep my Instagram account private. Some things are better kept private. I cant assume everybody will enjoy what I share.

It is a usual thing to see responses for the pictures I post. It seems they are telling me that they have seen the pictures and perhaps they are enjoying it. I regularly view pictures, especially at Instagram.

But there are times when I do not hit like button. The reason of doing that, so it will keep the distance I need with the owner of the pictures. 

There are instances where I grew fond of someone by this simple interaction. The person is attractive and nothing is wrong with that. But when it is leaning towards what I imagine to be against all odds, I remind myself the lesson from the past relationships. It teaches me valuable lesson of being realistic. When there is fear of getting fond of someone, I believe I shall halt further interactions. 

Nonetheless, I am unable to refrain anyone from doing the same to my picture (unless I block them and that's not going to happen). They do like the pictures and the reason is unknown to me. The hearts is glowing. The mind then starts wondering. It cant be helped, maybe they are special in my eyes, thus these bewildering thoughts.

The ghost of the past still haunts and rips the will to embrace anyone and that fear is much greater in situation of taking positive move towards approaching someone.

The bewildering mind is inevitable, so let it be.

And...these things are consequential of a touch on a mobile phone. Just a touch.

Que Sera Sera

Sunday, April 6, 2014

The friends who are unfaithful
The brothers who keeps hurting and acting strangers
The job that's sometimes get me jaded
The feeling of under-appreciated
The scrupulous attack tarnishing the Court
The continuous thinking on uncertainty of tomorrow
The lonesome that sometimes kills
The ghost of the past that rips the will to love
The crave for hugs when feel hurt
The dreams that remain dreams
The inability to appear weak
The unknown that requires learning
A Superman who wish to fall upon the knees (five for fighting, haha)

Que sera sera, what ever will be will be.

سهرت أعين ، ونامـت عيـون 
                   في أمـور تكـون أو لا تكـون

فادرأ الهم ما استعطت عن النفس 
                   فحملانـك الهـمـوم جـنـون

إن رباً كفاك بالأمس مـا كـان 
                   سيكفيك فـي غـدٍ مـا يكـون

The eyes wake up and fall asleep
For the affairs that might happen or might not

Shun the sadness as possible from your soul
For clinging to it is a madness

God had fulfilled your needs yesterday
And he will do the same for you tomorrow 

- Zainab Binti Muhammad Rasulullah S.A.W -

Quistclose trusts

Saturday, April 5, 2014

When monies are lent for specific purpose and it were used for something other than given purpose, disposal of such monies is in breach of Quistclose Trust.

The name of Quistclose trust has its origin from the case of Barclays Bank v Quistclose Investments, Ltd [1968] 3 All ER 651.

In that case, a company by the name of Roll Razor Ltd needed money to pay dividend to its shareholder. Quistclose Investment Ltd agreed to loan £209,719 on the condition that the monies will be used only to pay dividend and such monies to be put in separate account. 

The separate account was opened at Barclays Bank. At the same time, Rolls Razor Ltd owed Barclays Bank £484,000. Before the dividend was paid, Rolls Razor Ltd went into voluntary liquidation, or in a layman term - wound up. 

Quistclose Investment Ltd sought from Rolls Razor and Barclay Bank the monies given for the purpose of paying dividend be returned, for the purpose of such monies is given ceases to exist with winding up of the company. They claim Roll Razor Ltd took the money on trust to pay the dividend and Barclay Bank held such monies in the separate account as trustee.

The Barclays Bank's answered that even if Quistclose is right in saying that the money lent became impressed with the trust to pay the dividend (which is disputed), the company's obligation to repay the money to Quistclose is no more than the contractual obligation of a borrower to repay his lender. Since the company was indebted to the bank in a sum in excess of the amount in the separate account, the bank has  right to set-off the money standing to the credit of that account against the company's indebtedness.

The High Court dismissed Quistclose's claim for the monies.It held there was no such trust and the bank was not a trustee of the money in the separate account for Quistclose.

The Court of Appeal reversed the decision of the High Court and held, inter alia, that the money being lent for a specific purpose, a trust had arisen that the money lent should be applied only in payment of the dividend and also for repayment of the money lent if it were not so used. The bank accepted the money with knowledge of the facts which made it trust money, not the free assets of the Rolls Razor Ltd, and that it cannot therefore retain it against Quistclose's claim.

The case went to the House of Lords. The House of Lords affirmed the decision of the Court of Appeal, which gave effect that the monies which were not used to pay dividend should be paid back to Quistclose Invesment Ltd.

It appears in the news where borrower seeks not only from financial institutions, but also government agencies, facilities which are design for specific purpose, like cultivating agriculture activities and small and medium entrepreneur. I must say, many had misused this opportunity and used the money in other than the purpose it was given. A trial is going on, on the misuse of monies given to National Feedlot Corporation (NFC scandal). The fund was given for development of livestock farming and beef production. But allegation that the monies were used to buy properties. When I read the news, the case of Quistclose flashed in my mind.

I heard about this case for the first time during a tutorial session held for Judicial Officers at the library of the Federal Court of Malaysia. The tutor was His Lordship Dato' Gopal Sri Ram. I was sitting at the back since I came late. Before His Lordship started the session, he yelled, "THOSE AT THE BACK, COME TO THE FRONT!!" and I was literally sitting under his nose. The 2 hours session was very beneficial and fruitful. I did learn a lot and it was a rare occasion, though not so conducive, to learn law and to be taught personally by a Judge of the Federal Court and that judge is Gopal Sri Ram.

While discussing the law of constructive trust and the case of Takako Sakao, His Lordship post a question - what if monies are given for specific purpose and it was disposed of for anything other than the given purpose? The question echoed and deep silence struck the air, while everybody was lowering their head and looked down, not sure out of being humble or not knowing the answer or too scare to look at His Lordship bold face! A person then gave the answer and that person was none other than His Lordship himself (HAHAHAHA). He told us about the case of Quistclose and when monies are used for anything other than the specific purpose it were given, the person who had done that, is in breach of Quistclose Trust which might be a criminal breach of trust, an offence under section 405 of Malaysian Penal Code.

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