Abdal Hakim Murad – Imam Malik Paradigms of Leadership

Abdal Hakim Murad
AI: Summary ©
The speakers discuss the history and cultural context of Islam, including the shift from ambiguity to clarity, diversity of cultural practices, and the importance of finding the right way to pray. They also touch on shrouds of human emotions, including the "outiderity of human civilizations" concept, and the controversy surrounding a former spiritual figure. The discussion also touches on the influence of Islam on modern Islamic culture, including Moore's Law and the Sun statement, the use of translation and sound in writing, and the return of a former spiritual figure.
AI: Transcript ©
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Smilla hamdulillah salat wa salam ala Rasulillah. But early he was

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Safi or Manuela.

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So this will be the second in our series of

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leadership figures. He'll recall that last time I was drawing a

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large red question mark after the whole concept of leadership in

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Islam, taking my cue from the well known,

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or at least it should be well known prophetic Hadith, that one

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should not seek Imara or positions of power or authority.

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And this

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prophetic guidance, which is repeated in a number of

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circumstances, has, I think, historically shaped the mindset of

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the more morally conscious members of the ummah.

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inscribing a second question mark after the idea of

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Islamic leadership programs, as these are frequently touted, in

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perhaps slightly westernized or confused or syncretic, modern

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Muslim environments, and we looked at this a little bit, leadership

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programs and all kinds of buzzwords described on flip

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charts, as though being a religious leader were in some

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sense, however, remote analogous to being a

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captain of industry, or a politician. And we saw that

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actually, this is not the prophetic paradigm.

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As the Hadith goes on to say,

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if you seek leadership, and a given it, leadership will be given

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authority over you will become your leader, that if you are given

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it without seeking it, God will help you.

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It's actually very clear in our tradition, and throughout our

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moral reflection, that be ambitious, in that sense, is

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extremely problematic. One doesn't have to turn many pages of the

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texts of

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Muslim heroism. We saw Imam Shama last time that is real reluctance

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but the fact that he had to engage in the defense of his people.

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Remember, the great Quranic verse fighting is prescribed for you,

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well, who are Corporal Lacan, we don't like it.

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This is not our conventional image of what it is to be a military

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hero, stand up to the crease, wave the flag, wave the sword, and it's

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not an ego trip that is disliked thing.

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Reluctant responsibility, all the pages of the text of Islamic law

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where you see how zealous the early Muslims were to avoid

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positions of fatwah positions of judgeship. Terrifying.

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So we began by suggesting that the title of this series of lectures

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might actually be wrong or contradictory. But nonetheless,

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given that we have people who

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have been leaders, in other words, they have had people whom they

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lead, objectively speaking, we can, I think,

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proceed. But with this caveat, the difference between profane and

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sacred leadership is the difference between Pharaoh and

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Moses. The one is zealous for power and lives for power and

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thinks of nothing else and fears nothing other than losing it.

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Whereas the one who is spiritually powerful really is kind of

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reluctant, he doesn't want to go to fit around, he wants somebody

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to support him, he is diffident, throughout and yet he is the one

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who has to remember as as as the leader, this turns the usual

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secular and certainly the 21st century logic on its head, we need

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to remember this throughout. So in this series, I will be looking at

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different facets of this complex phenomenon.

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Noting, of course, that ours is not a religion of

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anchorites hermits, except under certain very specific

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circumstances, and particularly at the end of time,

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where we are authorized and even prophetically enjoined to step

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back, because the situation seems hopeless, the collapse of

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everything. Who are we as mere mortals to stand against the Torah

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by Magna the great turbulence at the end of time where everything

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is inverted, and this is part of the manifestation of the divine

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July in the end times. So yes, that's when you find your shoe.

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We head for the hills. This is prophetically mandated.

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And conversely, those who jump up and seek leadership under those

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conditions are likely to be

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much closer to the Pharaonic than to the mosaic type.

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But generally, we are not people who step back from responsibility.

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We're the people who go to God through the world rather than

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trying to skirt it or avoid it. When this is the case, in family

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life,

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we are not celibate. Instead, we go to God through assuming the

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normal responsibilities of our created humanity. Other

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traditions, notably Christianity, and Buddhism, say no you, if you

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wish to be part of the spiritual elite, you do step out of that as

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well. And you step out of the positions of authority, and you

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don't engage in warfare, those are two pacifist, as well as celibate

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traditions. But our ethos is different.

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Our ethos is about embracing the world, understanding it as an

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avert of tribulation, but an abode in which righteousness is possible

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in the world. And perhaps despite the world, but through it. This is

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very characteristic of the Islamic ethos of Judaism in many respects,

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is quite akin to it in forms of Hinduism with Chatelier. warrior

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caste.

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Krishna in the Bhagavad Gita is a great example of a leader, I

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guess, one of history's earliest instances of that.

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So we have this odd place of starting, where on the one hand,

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we really are cagey about this idea of wanting to be a leader.

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But on the other hand, our view of human responsibility and ethical

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agency in the world generally mandating involvement rather than

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disengagement. So we try and balance those two things, and

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that, that the nature of that balance really defines those very

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multiple diverse, discrepant individuals who will be very

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briefly looking at in this series.

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So we began perhaps, obviously with the very primordial type of

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the sacred warrior. We looked at Imam Shanel last time.

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And we drew the obvious comparison between his ethically constrained

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and dissident and unwilling but militarily brilliant leadership of

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his people, as they faced annihilation at the hands of

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Orthodox ethnic cleansers then contrasted that with pomp and

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circumstance of the Tsar, with his Winter Palace, and his servile

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nation. And we saw that as a kind of Latter Day instantiation face

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off this time, this dichotomy.

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So the militant is an obvious form, perhaps the most obvious

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form, the primordial human society looks to the leader as somebody

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who will be a leader in war, not just the tribe, in that Australian

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outback. But

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Churchill in the 1940s, or whatever it might be the ultimate

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responsibility for the leader is to be someone who bears the sword.

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But there are many other forms of this and one form which I wish to

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address today, because it's very characteristically Islamic is the

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scholarly and juridical form.

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So partly as a concomitant of our insistence that

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human righteousness is achieved through going through the world

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with its veils of tears, and its shadows and its challenges and its

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moral possibilities is that we have an idea of human life,

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personal life and collective life as potentially open to

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sanctification.

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And here again, we seem to diverge from the Christian and the

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Buddhist traditions which have not evolved complex

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apparatuses of secret law.

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In fact, they have at times canon law, and aspect of Buddhist law,

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but they're not really the center of what the priest or the sage is

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teaching

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in Islamic civilization, because we get to God through the world,

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rather than by trying to age anxiously around it.

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we necessarily have the idea that there is a path to step through

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the world, which is a holy path, and which actually provides us

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with a way of being transformed despite the manifest imperfections

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of

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In the world and human collectivities with which we

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engage. That's essential to Islam's moral and human vision.

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That's the anthropology of Islam.

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One of the great poets said, walk down a little jewel Belka. Theva

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is savory unhurt what I am the federal ban naughty you've heard

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me say reefy her.

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Cut the thick veils by avoiding them and cut this the subtle veils

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by going through them. By thick veils, he means mortal sins. You

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deal with the temptation to theft by avoiding it.

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But the subtle veils the world, running a business, having a

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family being the mayor of a town these things which are part of our

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normal civic membership of Benny Adam, you deal with them, not by

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avoiding them, but by going through them. They're veils

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nonetheless, and they really distracting. And they have many

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pitfalls, but we go through them and this is kind of Islamic

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commandment we we go through those veils rather than simply sidestep

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them. So this idea of the world as something that we experience as

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full of human imperfections. Most of our conversation is taken up

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with criticisms of people and what they've done, whether it be the

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Cambridge City Council, canceling a bus route, or whether it be

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Trump's latest argument with a journalist or whatever it is, most

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of what concerns us is the manifest imperfection and

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difficulty of other human beings. Sometimes we might talk about the

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weather, but mostly it's other human beings. The human realm is

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by far the most interesting

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realm of the created order, but it's also the most troubling, we

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get hurt more by human beings and we get hurt by

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other things in creation. By and large, sometimes we might get

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bitten by a dog, we might catch cold, or you might even drown at

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sea, but generally that which routes which is most deeply into

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our heart is the the wounds caused by the daggers of an unsympathetic

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on uncomprehending humanity. This is our weakness, that's our

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Achilles heel each other.

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So,

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to deal with this to allow us to create a path through this

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minefield

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revelation envisages the possibility of smoothing that

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path, and keeping those human many human dangers at bay. The shittier

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sometimes deals with

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animals and floods, but its main concern is with human animals and

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human floods.

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And that's why the word Shetty and means way means path you get

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through this world is not an end in itself. Those people are God

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forgives them who say the purpose of Islam is to establish the

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Sharia

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that's never narrated from any jurist of the past. That's that's

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mistaking the means for the end. Purpose of Islam is to bring us to

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paradise to bring us to God to sort out our souls. Albin Salim,

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the Sharia is a means to that end, without boundaries. Without this

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smooth path, we're going to be victims of human predators of a

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million different kinds. So we have this in our civilization.

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view that the function of law, legality, jurisprudence, all of

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these really dry things, is actually to facilitate salvation.

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They are an ethical exercise. They're not just utilitarian

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expressions of some kind of calculus about public interest.

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They can be redolent with holiness.

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This is strange, sometimes for the Western mind to understand.

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They think that the public sphere should be regulated by matters of

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public user fructan kind of utilitarian calculus, however hard

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in practice, that is to bring about free speech versus the right

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to be protected from abuse and everything is kind of a

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compromise.

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But from the point of view of Socratic putty and the Islamic

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take on human responsibility, we've raised everything to a much

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more interesting level. It's not just a kind of social science that

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could theoretically ultimately be quantified. If you knew all of the

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human variables, you could actually quantify somebody's

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utility mapped out against somebody

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else's kind of computer could be a lawyer on that basis. But in our

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vision, though it is a fundamental one of the most fundamental human

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moral tasks.

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Because this is about creating a society that is godly, and

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therefore, in its structures satisfies humanity's more profound

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needs.

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It's not just that you have the right to be protected from being

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swindled online, nor has to do that.

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But it's also about being shaped in a way that provides you with a

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personal and societal and a family environment. That that feeds you

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spiritually, the different kinds of exercise and so the jurist in

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Islam. The fucky,

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literally is the one who understands.

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And part of the animal finales project was to remind us, the

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jurist really has to understand not just juggling different delis

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of Quran and Hadith and competing with rivals, which was the state

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jurisprudence had reached in his time, but rather,

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to see that this is a secret science, it is an art, which

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because human perfecting, and perfectibility is something really

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beautiful moral beauty even more amazing than physical beauty, that

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it is an aesthetic exercise of the highest order. So part of as Ali's

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uptake on or solo therapy is that it's an aesthetic exercise to do

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with the SN. Doing what's beautiful.

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So, we have this and then at the same time, and part of the reason

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why we will classify this as art rather than science. It's a

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humanistic exercise in the real sense of humanism. It's for many

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Adam, not just for kind of mortal primate, it's for many Adam,

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is that this tradition that we have, is really multiple.

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And this, again, offends a lot of people nowadays, including

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Muslims. And it's important to grasp this when we look at the

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leader paradigms in our history, who have been jurists.

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Very often,

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under normal circumstances, where people are looking for what is

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right,

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and are anxious about ongoing multiplicity, we tend to revere

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moral thinkers or jurists whose legacy seems to be a concordance

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one, or one that makes the law kind of unified. After all, that

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we want to know what Islam says, about a given thing. What does

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Islam say about abortion? What does Islam say about prayer in the

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space station when we need answers? That's a legitimate need.

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People look to religion for guidance.

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Similarly, Western historians of Islamic law have tended to proceed

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on the Enlightenment assumption that it is moving towards some

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kind of answer or

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body of statutes that the entire history of Islamic law can be

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understood, essentially, through cover Western optic as a moving

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towards some kind of agreement on what is moral and how society

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should be regulated, because that's taken to be what Western

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jurists have always looked for. They want to know what's right.

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And that particularly the backdrop of transformations in European

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law, between the Renaissance and the Enlightenment took place

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partly against a kind of scientific background. After all,

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scientists want to know what's right.

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Science doesn't really like ambiguity. Unless you're a quantum

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mechanics expert, perhaps in which case you're stuck with it floating

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as Cat. But basically, scientists want to know what's right, what is

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the correct chemical formula for potassium, there can only be one

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way of denoting it, and only one way in which it reacts with other

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elements and produces compounds. The same with physics laws of

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thermodynamics, science is totalizing in a certain way,

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because the physical world

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philosophers are still a bit staggered by this the physical

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world is characterized by certain constants, which are remarkably

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consistent and uniform. So to the extent that science has been the

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governing paradigm of Western civilization is often pushed

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social sciences and things like law and jurisprudence in the same

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kind of direction. We want to know what's right

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in the

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ticularly the continental legal traditions in England we have more

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of a, quite a medieval legacy, in many ways, case law and

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kinds of accumulating things in the common law. It's much messier,

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and some would say, closer and more intuitive to the actual

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reality of what goes on in the courts rather than being handed

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down, like the cordon Apollyon. From some kind of philosophical

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set of suppose, certainties. There's

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different ways of doing jurisprudence in the western

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context. But nonetheless, the tendency generally is for people

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to want to know what's right.

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Now, in the religious context, people also, as I've said, really

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want to know what's right.

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What's the right way to pray? Is it right for me to

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repeat my prayer?

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If I've prayed for rockers for Maghrib or not, or can it make up

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the extra rocker and what's right?

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Isn't a zero sum game? You can't? How could you possibly have saved

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both right? It's like, you can't be pregnant or not pregnant at the

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same time. It's either or. It's not the kind of whoever whatever

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the modern tendency, particularly amongst Muslims, who have been

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stung by enlightenment, triumphalism, and whose

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understanding of their religious identity has been shaped and

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reshaped by desire to react against the implicit or explicit

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critique leveled against their civilization by the West, has been

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to try and turn Islamic law, also into something unified and simple

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and comprised of certain statutes that do try to be right.

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This, however, is a profound revision and a strangeness in our

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civilization. And one of my favorite books,

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published in 2011, quite recent, but already thrown the cat among

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the pigeons is by Thomas Bower, the culture of ambiguity.

00:22:05 --> 00:22:10

It's a German historian. And he looks at the classical texts of

00:22:10 --> 00:22:14

the soul and the classical texts will fit in the classical text of

00:22:14 --> 00:22:19

doctrine and all of those classical texts. And then he looks

00:22:19 --> 00:22:21

at modern equivalents.

00:22:22 --> 00:22:28

And he finds that there's not just different answers a lot of the

00:22:28 --> 00:22:32

time but also different reasons for finding those answers.

00:22:32 --> 00:22:35

Obviously, jurisprudence is not carried out on some kind of

00:22:36 --> 00:22:40

vacuum. The jurists have the culture, their preferences, their

00:22:40 --> 00:22:43

agenda, their mock acid, they're human beings are embedded.

00:22:45 --> 00:22:48

What jurists in the Muslim world are finding now, what activists

00:22:48 --> 00:22:52

and headbangers, loudmouth, various kinds of particularly

00:22:52 --> 00:22:57

finding is certainty. For the first time, they want uniformity.

00:22:58 --> 00:23:02

So the point of his book really is that sometime in the 19th century,

00:23:03 --> 00:23:07

Muslim jurists, Muslim theologians stopped being happy with

00:23:07 --> 00:23:11

multiplicity and started to be unhappy with it.

00:23:12 --> 00:23:16

So pre modern Islam, he says, was ambiguity friendly.

00:23:18 --> 00:23:21

Whereas modern Islam is generally hostile to ambiguity. We don't

00:23:21 --> 00:23:25

like it, it makes us uncomfortable, partly because of

00:23:25 --> 00:23:28

the desire to know what Islam says when modernity is criticizing it,

00:23:28 --> 00:23:32

we want answers, rather than to say, Well, according to Abu

00:23:32 --> 00:23:36

Hanifa, and according to Chef A and the traditional response, and

00:23:36 --> 00:23:40

also because of the general ideological assumption in much

00:23:40 --> 00:23:42

modernist or

00:23:43 --> 00:23:46

modernizing discourse, whether acknowledged or not, that there's

00:23:46 --> 00:23:51

a kind of scientific basis for these things, and that there must

00:23:51 --> 00:23:55

be something right. So there's ambiguity tolerant Islam, which

00:23:55 --> 00:24:00

gives way under the impact of modernity to ambiguity, intolerant

00:24:00 --> 00:24:01

Islam.

00:24:02 --> 00:24:06

And he dates this, as I've said, to the 19th century, give lots of

00:24:06 --> 00:24:06

examples.

00:24:08 --> 00:24:11

A lot of book is basically examples of this transformation,

00:24:11 --> 00:24:15

how modern Islam, whether reformist stroke, liberal Islam,

00:24:15 --> 00:24:16

or

00:24:17 --> 00:24:21

fundamentalist Islam, they're both subject to this. This isn't just

00:24:21 --> 00:24:25

the shift to Salafi This is most modern discourse, as he sees it

00:24:28 --> 00:24:29

is

00:24:30 --> 00:24:33

illustrated with a huge range of decisions. So he looks for

00:24:33 --> 00:24:37

instance of the great 15th century or an expert the expert on the

00:24:37 --> 00:24:40

variant readings of the Quran that adds

00:24:42 --> 00:24:43

just very

00:24:45 --> 00:24:52

real monument of physiological and forensic textual genius. Nowadays,

00:24:52 --> 00:24:55

you think he must be a German professor because there's just

00:24:56 --> 00:25:00

nothing is the book is staggering. Now one of our great

00:25:00 --> 00:25:04

monuments. And he points out that throughout Ibn jaziri is very

00:25:04 --> 00:25:07

happy with the idea that there can be different texts of the Quran,

00:25:08 --> 00:25:08

different readings.

00:25:11 --> 00:25:16

Maliki omitting or Maliki omitting. You just document it, it

00:25:16 --> 00:25:19

doesn't matter. And then he looks a lot of modern writers, including

00:25:19 --> 00:25:23

the former Saudi mufti, even off a mean, who really, really, really

00:25:23 --> 00:25:26

wanted to abolish them and say there's only one correct reading

00:25:26 --> 00:25:31

of the Quran that he sees is symptomatic of what's happening in

00:25:31 --> 00:25:33

modern Islam the desire for an answer.

00:25:37 --> 00:25:38

Similarly, he looks at

00:25:41 --> 00:25:43

issues of folk,

00:25:45 --> 00:25:51

historically, enormously diverse, inevitably inexorably diverse, and

00:25:51 --> 00:25:56

points out how modern writers simply cannot abide to this

00:25:56 --> 00:26:00

because of the insistence on a single way of reading the text. So

00:26:00 --> 00:26:03

he looks at my work, it was a bit earlier because it's 11th century.

00:26:04 --> 00:26:08

And my world either great chef or a jurist, great commentator on the

00:26:08 --> 00:26:10

man who says,

00:26:11 --> 00:26:16

The Art of Tafseer of interpreting God's book is to explore all of

00:26:16 --> 00:26:18

the different defensible interpretations.

00:26:19 --> 00:26:24

Maybe he'll give you a sense of what is his preference. But it's

00:26:24 --> 00:26:27

certainly not the purpose of the Muslim read of the Quran to

00:26:27 --> 00:26:30

determine what the text definitely says. Occasionally, there's

00:26:30 --> 00:26:34

unambiguous, no source, but generally, there's a multiplicity

00:26:34 --> 00:26:37

of interpretation from the earliest period. And then he

00:26:37 --> 00:26:41

contrasts it with modern commentaries on the Quran, which

00:26:41 --> 00:26:45

seek typically to demonstrate the right reading. And again, he looks

00:26:45 --> 00:26:48

at Ibn or thymine and his insistence that there's only one

00:26:48 --> 00:26:50

correct meaning of every verses of Quran.

00:26:51 --> 00:26:54

And he proceeds for hundreds of pages, making his case pretty

00:26:54 --> 00:27:00

decisively. Islam has changed, he says, from being an ambiguity

00:27:00 --> 00:27:03

tolerant to an ambiguity, intolerant to tradition.

00:27:04 --> 00:27:08

And from then, of course, it's just a short step to the modern

00:27:08 --> 00:27:12

Muslim debate as to why everything is such a mess.

00:27:13 --> 00:27:17

The answer is quite simple. Muslim societies are really diverse.

00:27:18 --> 00:27:21

different sects, different orientations, rationalists,

00:27:21 --> 00:27:25

mystics, literalist, religious people, not so religious people,

00:27:25 --> 00:27:29

men, women, different languages, every Muslim country, by and large

00:27:29 --> 00:27:30

is really plural.

00:27:31 --> 00:27:35

That works with classical Islamic law, which is this ambiguity

00:27:35 --> 00:27:40

tolerant thing in which almost every decision is kind of a

00:27:40 --> 00:27:41

working conclusion.

00:27:42 --> 00:27:46

But if you try to impose a kind of modernist Islam on that, then

00:27:46 --> 00:27:51

immediately you have detonation, because most people can't accept

00:27:51 --> 00:27:54

it and can't recognize themselves in this form of Islam that is

00:27:54 --> 00:27:57

being imposed on them. So it looks like a

00:27:59 --> 00:28:03

very abstract text. But actually, it has very significant

00:28:03 --> 00:28:04

repercussions.

00:28:05 --> 00:28:09

What he doesn't pick up, perhaps quite so evidently, is the fact

00:28:09 --> 00:28:11

that the traditional paradigm is still alive amongst the

00:28:11 --> 00:28:16

traditional all on that, who regarded as part of civilized

00:28:16 --> 00:28:21

religious scholarship to enjoy the plurality of conclusions and to

00:28:21 --> 00:28:27

respect that diversity. But the modern mind, whether liberalizing,

00:28:28 --> 00:28:32

or near Morteza, light, or feminist commentators on the

00:28:32 --> 00:28:36

Quran, or fundamentalist code, they will want to find the one

00:28:36 --> 00:28:41

correct view and to lambaste those who disagree with them. And this

00:28:41 --> 00:28:44

clearly is something that the traditional scholars will also be

00:28:44 --> 00:28:48

noticing, and are noticing with perplexity.

00:28:49 --> 00:28:56

So this is one of the interesting dimensions of our tradition, we

00:28:56 --> 00:29:01

have this strong reverence for those who seek to rectify human

00:29:01 --> 00:29:05

beings individually and collectively by studying legal

00:29:05 --> 00:29:09

boundaries. And on the other hand, very consistently in Sunni Islam

00:29:09 --> 00:29:14

in particular, she Islam often has this idea of the Imam of the age

00:29:14 --> 00:29:19

knows the correct view, but Sunni Islam is this kind of this

00:29:19 --> 00:29:20

conceptual thing.

00:29:22 --> 00:29:26

It's something that is really not sufficiently understood. A lot of

00:29:26 --> 00:29:29

modern Muslims get kind of fidgety when they're told that Islam is a

00:29:29 --> 00:29:32

tradition of ambiguity and multiplicity. Just read the

00:29:32 --> 00:29:35

classical text and you'll, you'll see it

00:29:38 --> 00:29:42

my friend, yeah, he and B. Shaw, who is a Hartford Seminary in

00:29:42 --> 00:29:46

American is one of the experts on Ibn Taymiyyah

00:29:47 --> 00:29:51

real expert translates he says Ibn Taymiyyah addict who just can't

00:29:51 --> 00:29:54

get to sleep at night. Mrs. Translated something from Ibn

00:29:54 --> 00:29:59

Taymiyyah says the best way of dealing with Islamic radicalism is

00:29:59 --> 00:29:59

to teach

00:30:00 --> 00:30:04

prisoners classical Arabic, and to have all of the works of Ibn

00:30:04 --> 00:30:09

Taymiyyah in the prison library, so that in all of those boring

00:30:09 --> 00:30:12

hours, they actually get to read the thing. And they see the

00:30:12 --> 00:30:15

diversity of it even even Taymiyah, who can be quite

00:30:16 --> 00:30:20

abrasive. Actually see what he says about theologians. And what

00:30:20 --> 00:30:25

he says about mystics, you see his part of a culture of ambiguity.

00:30:26 --> 00:30:30

That's the solution. The problem is not knowing and assuming that

00:30:30 --> 00:30:34

Islamic law is something like Western law, and the journalists

00:30:34 --> 00:30:37

do it. Islamic law is being introduced in northern Nigeria.

00:30:37 --> 00:30:41

Well, that means nothing to a traditional jurist. Which madhhab

00:30:42 --> 00:30:45

which interpretation of the madhhab who's doing it? What do

00:30:45 --> 00:30:48

they mean, is it customary law? But for journalists, of course, we

00:30:48 --> 00:30:52

know what Islamic law is don't we will strict Islamic law sometimes

00:30:52 --> 00:30:57

and Muslim gets shaky because it looks like it's a disaster. And we

00:30:57 --> 00:30:59

are trapped in that false dichotomy. But we have nothing,

00:30:59 --> 00:31:01

nothing, nothing to do with that. So

00:31:02 --> 00:31:07

bowels work is worth perusing. And another book that I like is

00:31:08 --> 00:31:09

even more

00:31:10 --> 00:31:14

recent, by Conrad here Shala, published here in Cambridge, which

00:31:14 --> 00:31:19

is basically a study of the first comprehensive library catalog that

00:31:19 --> 00:31:23

we have of a classical Sharia madrasa in the Middle East. And

00:31:23 --> 00:31:26

it's another extra fear in Damascus.

00:31:28 --> 00:31:31

And it represents the books that the scholars thought should be in

00:31:31 --> 00:31:35

circulation. And it's enormously diverse when compared to say, to a

00:31:35 --> 00:31:39

monastery library in Europe at the time. Firstly, it's about 10 times

00:31:39 --> 00:31:44

bigger. But it's got everything from Plato to the views of sects

00:31:44 --> 00:31:47

to Ismaili books to you name it different motherhood.

00:31:49 --> 00:31:53

The scholarly tradition was part of a law revoke world that was

00:31:53 --> 00:31:57

interested in multiplicity. So he writes, this tolerance made it

00:31:57 --> 00:32:00

possible to accept opposing systems of values and norms,

00:32:01 --> 00:32:04

without necessarily insisting on the exclusive truth of one's own

00:32:04 --> 00:32:05

system.

00:32:06 --> 00:32:09

intellectual life in these societies was less characterized

00:32:09 --> 00:32:13

by the quest for the one and only truth, but rather by searching for

00:32:13 --> 00:32:18

probable and likely answers. That's classical Islam. Sounds a

00:32:18 --> 00:32:22

bit like a modern university in a certain way, although it is it is

00:32:22 --> 00:32:27

different. There is the presence of the Divine and Revelation and

00:32:27 --> 00:32:28

you have material to work with you have

00:32:29 --> 00:32:35

a sea floor on which to fix your anchor. But it's certainly not the

00:32:35 --> 00:32:37

kind of ideological

00:32:38 --> 00:32:43

take on Islam that is increasingly provided. And again, not just by

00:32:43 --> 00:32:46

saying Islamic University of Medina, which tells you there's

00:32:46 --> 00:32:49

just one view, there's a correct view and this hadith the sound of

00:32:49 --> 00:32:53

this is looking for the wellhead, the one truth, but also

00:32:53 --> 00:32:57

increasingly in much of the curriculum of regime directed

00:32:57 --> 00:33:00

Islamic universities elsewhere in the Muslim world.

00:33:02 --> 00:33:07

Where the regime wants people to reach a particular view on

00:33:07 --> 00:33:10

politics or democracy or gender or whatever it isn't. Everything is

00:33:10 --> 00:33:15

being defined as the true Islamic view from the Minister of

00:33:15 --> 00:33:20

Religious Affairs or some general so that subversion is very

00:33:20 --> 00:33:20

widespread.

00:33:22 --> 00:33:25

Unfortunately, because you could say, in an age of multiple

00:33:25 --> 00:33:28

challenges, such as our own Islamic law needs all of this

00:33:28 --> 00:33:32

wriggle room, and we need to have the capacity to respect this

00:33:32 --> 00:33:35

plurality. And not to feel uncertain when we're told that

00:33:35 --> 00:33:41

Islam is still working on questions that have been posed for

00:33:41 --> 00:33:44

more than 1000 years. So

00:33:47 --> 00:33:52

what we find when we look at these leaders of jurisprudence is a

00:33:52 --> 00:33:57

remarkable balance between the one hand and absolutely austere,

00:33:58 --> 00:34:04

uncompromising rectitude. These are kind of the monastic figures,

00:34:06 --> 00:34:10

ascetics, the foregrip, jurists of early Islamic, ascetic figures.

00:34:11 --> 00:34:16

You can imagine their personal gravamen and seriousness if you're

00:34:16 --> 00:34:20

with Mohammed bin Hanbal, who kind of just the presence of the man

00:34:20 --> 00:34:21

would have been overwhelming.

00:34:23 --> 00:34:28

People for whom God is the master signifier of everything and the

00:34:28 --> 00:34:31

next world, or the life in the grave are whatever thing is

00:34:31 --> 00:34:35

tending towards, but at the same time, they're the ones who

00:34:35 --> 00:34:39

recognize this plurality, and actively promoted

00:34:41 --> 00:34:44

what the Maliki is called RE AYATUL fina, if

00:34:45 --> 00:34:49

not just acknowledging that there's differences of opinions,

00:34:49 --> 00:34:53

but preserving it is an important principle in the Maliki method,

00:34:53 --> 00:34:57

but generally I still feel F. Don't lose it. Make sure that the

00:34:57 --> 00:34:59

multiplicity is still there because this is part

00:35:00 --> 00:35:03

of what God has intended in the great Maliki jurist a shelter be

00:35:03 --> 00:35:07

famously explains that if Allah subhanaw taala had wished the

00:35:07 --> 00:35:11

Sharia to be just a single set of statutes, the revelation would

00:35:11 --> 00:35:12

have looked very different.

00:35:14 --> 00:35:16

So much in the Quran is hard to figure out

00:35:17 --> 00:35:22

difficult words. Some words in the Quran, are acknowledged to be of

00:35:22 --> 00:35:27

basically mysterious significance. There's words in the Quran that do

00:35:27 --> 00:35:31

not appear anywhere else in the Arabic language, which is an

00:35:31 --> 00:35:32

anguish with a big literature.

00:35:33 --> 00:35:36

Why use that word rather than one that people could understand?

00:35:38 --> 00:35:42

Good question. The juristic consensus of pre 19 century of

00:35:42 --> 00:35:46

Islam was as sharp to be said, so that there could be divergence.

00:35:47 --> 00:35:49

So there could be this multiplicity.

00:35:50 --> 00:35:55

Which nowadays, what does the word mean? We tend to do things with

00:35:55 --> 00:35:59

translation of these things. One reason for the untranslated

00:35:59 --> 00:36:02

ability of the Quran is that you have to come down on the side of a

00:36:02 --> 00:36:07

particular belief as to what a particular verse means. You can't

00:36:07 --> 00:36:09

maintain the ambiguity in a translation unless you're some

00:36:09 --> 00:36:14

kind of translation, super genius. That translation is not the

00:36:14 --> 00:36:18

original partly because it can't conserve the ambiguities of the

00:36:18 --> 00:36:21

original text. But the Quran itself says there's a very

00:36:21 --> 00:36:24

interesting thing to find in a world scripture where it talks

00:36:24 --> 00:36:28

about itself. The self awareness of the Quran is always quite

00:36:28 --> 00:36:32

exceptional Surah Al Imran verse seven, how will the bIllahi min

00:36:32 --> 00:36:36

ash shaytani R rajim Bismillahi Rahmani Raheem? Who will lead the

00:36:36 --> 00:36:41

unzila Alico Kitab Amin who are yet to knock him out on him not

00:36:41 --> 00:36:44

all keytab were oclaro Moto share Behat

00:36:46 --> 00:36:51

he is the one who has sent down upon you singular, the book in

00:36:51 --> 00:36:56

which are clear versus they are the mother of the book. And others

00:36:56 --> 00:36:58

are more to Share Bear.

00:36:59 --> 00:37:02

Even translating that is a headache for translators. But

00:37:03 --> 00:37:09

ambiguity is one possible interpretation for this. So in the

00:37:09 --> 00:37:13

Quran, we have necessarily the beginnings of a religion of

00:37:13 --> 00:37:19

diversity, a culture of ambiguity, the text seems to impose that the

00:37:19 --> 00:37:20

Hadith even more so.

00:37:22 --> 00:37:27

Or the only religion with an absolutely gigantic and oceanic

00:37:27 --> 00:37:32

scriptural basis, maybe a million different Hadith reports. It's

00:37:32 --> 00:37:35

said to be the pre modern world largest single body of literature.

00:37:36 --> 00:37:40

And it's revelation of different degrees, where there's the site,

00:37:41 --> 00:37:46

and the knife, and the more sun, and the moon cotta, and the Hassan

00:37:46 --> 00:37:50

and arriba, and dozens of other categories simply on the basis of

00:37:50 --> 00:37:57

the soundness or dubiousness of attribution. That's before you get

00:37:57 --> 00:38:00

into the question of what it actually means, what the context

00:38:00 --> 00:38:03

might have mean, whether it's bound by context, or whether it's

00:38:03 --> 00:38:07

a general view, or what the Sahaba might have made of those Hadith,

00:38:07 --> 00:38:10

or whether there's a consensus on the meaning of those Hadith. It's

00:38:10 --> 00:38:14

an enormous Cornucopia that has been preserved for us because of

00:38:14 --> 00:38:16

the love that the first generations had of the Holy

00:38:16 --> 00:38:19

Prophet. And the determination that not one of those pearls

00:38:19 --> 00:38:20

should ever be lost. We have this

00:38:21 --> 00:38:23

mountain of Hadith.

00:38:25 --> 00:38:29

You can't construct a fundamentalism on the basis of a

00:38:29 --> 00:38:35

scripture like that. Can't do it cannot do fundamentalism in Islam,

00:38:35 --> 00:38:40

because it's just too enormous. To diverse, there's too much of it.

00:38:40 --> 00:38:45

And it's never even been combined in a single collection, a single

00:38:45 --> 00:38:48

Scripture, the Quran, the time said, Not off man subsequently was

00:38:48 --> 00:38:54

the most half which we have today. The hadith fits in hundreds of

00:38:54 --> 00:38:57

collections, remember, so Yachty, tried, died before he could finish

00:38:57 --> 00:39:01

it. Others try there's just too much too big, and arguments as to

00:39:01 --> 00:39:04

whether something is from the sahabi, or from the Holy Prophet,

00:39:04 --> 00:39:08

or whether the sabe think, is considered Hadith and it can't be

00:39:08 --> 00:39:09

done.

00:39:10 --> 00:39:14

So you can't have fundamentalism in the Islamic context in the

00:39:14 --> 00:39:16

sense of the simple, literal understanding of what the

00:39:16 --> 00:39:19

Revelation says there's too much of it. It's too diverse. It's not

00:39:19 --> 00:39:24

intended to be that. So all the jurists of Islam are legal

00:39:24 --> 00:39:29

leaders, have seen that as a kind of obvious first order truth. It

00:39:29 --> 00:39:34

is not the divine intention, that Islam is the simple formula.

00:39:34 --> 00:39:37

Doctrine is this, and this is how we do that. And this is always

00:39:37 --> 00:39:40

heard divorce has to happen. And this is always how you have to

00:39:40 --> 00:39:42

rule a country. It's multiple.

00:39:43 --> 00:39:48

It's endlessly multiple. And this is part of the greatness of it. So

00:39:49 --> 00:39:55

if you look at the text of all sort of where it classifies

00:39:55 --> 00:39:58

scriptural statements, you get

00:39:59 --> 00:39:59

chapter heading

00:40:00 --> 00:40:04

was like this the unequivocal the Perspicuous unclear words obscure

00:40:04 --> 00:40:08

difficult ambivalent, general specific, absolute qualified,

00:40:08 --> 00:40:09

literal metaphorical homonyms.

00:40:11 --> 00:40:15

That's just for the Quran for the Hadith, even more so.

00:40:16 --> 00:40:17

So

00:40:18 --> 00:40:22

this is kind of the Muslim response to ballasts historians

00:40:22 --> 00:40:26

observation, which is that not only is it a reality that pre

00:40:26 --> 00:40:30

modern Islamic law and to a considerable extent doctrine, and

00:40:30 --> 00:40:32

certainly mysticism is endlessly multiple.

00:40:33 --> 00:40:37

But this is actually intended by the revealer of the Scripture.

00:40:39 --> 00:40:43

Otherwise, why is it so hard to understand so much.

00:40:44 --> 00:40:48

Some of it, despite all of the current rhetoric about Kitab, or

00:40:48 --> 00:40:52

sunnah, has not even been properly edited in a critical way.

00:40:55 --> 00:40:57

I was involved with the project to edit

00:40:58 --> 00:41:00

that must not have asthma had been humble.

00:41:02 --> 00:41:06

And we found over 100 Hadith that weren't included, weren't included

00:41:06 --> 00:41:10

in any of the existing printed editions, because those additions

00:41:10 --> 00:41:15

had been based on late manuscripts or had just been very carelessly

00:41:16 --> 00:41:19

collocated. And nowadays, you have movements that are turning

00:41:19 --> 00:41:23

countries upside down on the basis of the literal reading of texts

00:41:23 --> 00:41:25

that aren't even accurate texts and are different from the

00:41:25 --> 00:41:29

manuscripts. not impressive. So

00:41:31 --> 00:41:36

ours cannot be a fundamentalist tradition. But it's juridical

00:41:36 --> 00:41:40

custodians, those who are aware of the enormous burden of

00:41:40 --> 00:41:45

responsibility and manner that they carry from God, the all on

00:41:45 --> 00:41:51

that water that will NBS as to the profits, which is the CMC logo,

00:41:51 --> 00:41:53

that's some quite a heavy thing to carry.

00:41:54 --> 00:42:00

Got a frightening place to stand, are the ones who assured that this

00:42:00 --> 00:42:08

ambiguity is maintained within the boundaries, and that absurdity and

00:42:08 --> 00:42:14

frivolity at work, can't intrude into it. That the Sangha is this

00:42:14 --> 00:42:18

big family of discussions and methodologies and conclusions, but

00:42:18 --> 00:42:19

it does have certain limits.

00:42:20 --> 00:42:24

The word Muqtada, heretical, reprehensible, innovative, still

00:42:24 --> 00:42:25

has a meaning.

00:42:26 --> 00:42:30

Nobody says there's six obligatory prayers every day, certain things

00:42:30 --> 00:42:34

are really clear. So that's another event just intentions.

00:42:35 --> 00:42:39

We have a religion whose texts are telling us that Muslims can't be

00:42:39 --> 00:42:43

fundamentalist if they read the text. On the other hand, we have

00:42:43 --> 00:42:46

this remarkable consistency of many of our forms.

00:42:47 --> 00:42:52

Isn't it interesting that the Christians, there are plenty of

00:42:52 --> 00:42:55

Christian fundamentalists who believe in the literal inspiration

00:42:55 --> 00:42:58

of the King James Bible. And yet the way in which they worship is a

00:42:58 --> 00:43:01

million different ways, and it changes all the time, you don't

00:43:01 --> 00:43:04

know what you're going to see next in some of those churches.

00:43:05 --> 00:43:09

The preacher comes in and he's wearing a tuxedo and a bow tie and

00:43:09 --> 00:43:12

there's a guy with an organ and it's like Vegas and curtains and

00:43:12 --> 00:43:15

people eating doughnuts in the mega church. The only thing you're

00:43:15 --> 00:43:18

not going to see that is how Satan or ISA used to pray. They don't

00:43:18 --> 00:43:22

even think that that might be a good thing to follow. We do have

00:43:22 --> 00:43:26

this principle of precedent of sunnah which, through the jurists,

00:43:26 --> 00:43:32

responsible and ego, Lis filtration of everything, and then

00:43:32 --> 00:43:37

merciful regard for what human beings need, creates a consistent

00:43:37 --> 00:43:42

religion. So multiplicity, hardwired into the logic, the

00:43:42 --> 00:43:47

circuit boards of the religions, part Dr. But at the same time, we

00:43:47 --> 00:43:53

have forms that seem to be more consistent and uniform than in

00:43:53 --> 00:43:56

other religions. And that's another funny thing is

00:43:57 --> 00:44:00

you go into a mosque, and you're not going to see the Imam wearing

00:44:00 --> 00:44:03

a tuxedo and somebody with a kind of Vegas organ,

00:44:04 --> 00:44:08

little kind of roll of drums when somebody comes on to do truth and

00:44:08 --> 00:44:11

TESTIMONY TIME, if you see that stuff, you'll see how decadent it

00:44:11 --> 00:44:16

is. No, you will not see that in any mosque out of the 10 million

00:44:16 --> 00:44:18

mosques that exist in the Ummah, you won't see one where they're

00:44:18 --> 00:44:19

doing it.

00:44:20 --> 00:44:24

So that's another interesting accomplishment, a culture of

00:44:24 --> 00:44:28

ambiguity we like if he left rehire till he left. That's what

00:44:28 --> 00:44:31

it is to be part of the Sunnah. wedgemount But on the other hand,

00:44:32 --> 00:44:36

out of this non fundamentalist tradition, this culture of

00:44:36 --> 00:44:41

ambiguity we get forms that are within certain boundaries quite

00:44:41 --> 00:44:43

consistent and unsurprising.

00:44:45 --> 00:44:47

You go into a mosque you're pretty certain as to what you're going to

00:44:47 --> 00:44:48

see.

00:44:49 --> 00:44:53

There might trick out the mosque with all kinds of weird things.

00:44:54 --> 00:44:58

And Bala sweets into calendars, can't avoid them and tinsel and

00:44:58 --> 00:45:00

yar Mohammed who knows what they're going

00:45:00 --> 00:45:04

Put in the bud, the form of the press. Nobody dares to fiddle with

00:45:04 --> 00:45:09

that ever. Yeah, or there'd be a riot, half of Pakistan, stop

00:45:09 --> 00:45:13

shouting in the streets and limit is going to do that. So this is

00:45:13 --> 00:45:17

another of the interesting civilization accomplishments of

00:45:17 --> 00:45:20

our civilization. Now, another aspect of this, and I haven't even

00:45:20 --> 00:45:24

got onto my leader of today yet, maybe he'll have to wait a bit is

00:45:27 --> 00:45:28

the

00:45:29 --> 00:45:33

nature of the law, which these people are the custodians of?

00:45:34 --> 00:45:38

I've mentioned, it's not statutory law. Because one of the things

00:45:38 --> 00:45:42

that these jurists are doing is not accepting any kind of external

00:45:42 --> 00:45:45

regulation. There's no legislature.

00:45:47 --> 00:45:49

There's no House of Lords or

00:45:50 --> 00:45:56

Monache, the ultimate source of legality. No symbol of the crown

00:45:56 --> 00:46:00

on court documents is not a Christ. Muslim court is not a

00:46:00 --> 00:46:01

Crown Court.

00:46:02 --> 00:46:05

And this, again, is often misunderstood by modern Muslims.

00:46:05 --> 00:46:08

And Bauer doesn't talk about this so much. But while Haluk is at

00:46:08 --> 00:46:12

Columbia University, he is maybe the most respected Western expert

00:46:12 --> 00:46:12

on

00:46:14 --> 00:46:15

Sharia

00:46:17 --> 00:46:20

does see this very clearly in some of his recent books have been

00:46:20 --> 00:46:24

about this, the way in which Muslims nowadays look at Islamic

00:46:24 --> 00:46:29

law, only a problematic, inadequate translation of Sharia,

00:46:29 --> 00:46:31

and try and turn it into something that looks like Western law,

00:46:31 --> 00:46:37

statutory law. So this is one of his recent books, he keeps writing

00:46:37 --> 00:46:39

books that get heavier and heavier

00:46:40 --> 00:46:44

is an erudite, an interesting person. And

00:46:48 --> 00:46:55

he, of course, recognizes diversity. The fact of differences

00:46:55 --> 00:46:57

of opinions that page 364

00:46:58 --> 00:47:01

is representative of what he has found is not the Muslim,

00:47:02 --> 00:47:03

Palestinian Christian origin.

00:47:07 --> 00:47:10

The central fact is that Islamic law is a grassroots system that

00:47:10 --> 00:47:15

takes form and operates within the social universe. It travels upward

00:47:15 --> 00:47:18

with diminishing velocity to affect in varying degrees and

00:47:18 --> 00:47:21

forms the modus operandi of the state.

00:47:22 --> 00:47:25

So the law is shaping the state, but the law comes up from the

00:47:25 --> 00:47:29

population from below. That strange, the jurists themselves

00:47:29 --> 00:47:33

emanate from the very society and societal culture that they serve.

00:47:33 --> 00:47:36

And the law is ideology and doctrine required that they be so.

00:47:39 --> 00:47:43

In other words, it's not the state that is appointing professors have

00:47:43 --> 00:47:47

jurisprudence and enacting the laws and it all comes down from

00:47:48 --> 00:47:52

above its site itself that is producing the jurist and the law

00:47:52 --> 00:47:55

and the judges and the state is affected affected by this. It's

00:47:55 --> 00:47:59

passive, not active. It is one of the most striking features of

00:47:59 --> 00:48:02

Islamic law as a doctrinal and judicial system that it is

00:48:02 --> 00:48:05

generated at the very social level on which it is applied.

00:48:07 --> 00:48:09

In sharp, contradict contradistinction, the law of the

00:48:09 --> 00:48:13

nation state is superimposed from a central height in downwards

00:48:13 --> 00:48:17

direction. First, originating in the mighty powers of the state

00:48:17 --> 00:48:21

apparatus, and they're offered, they're often deployed in a highly

00:48:21 --> 00:48:23

structured but deliberately descending movement to the

00:48:23 --> 00:48:27

individuals constituting the social order. Those individuals

00:48:27 --> 00:48:31

who have harnessed as national citizens, fathers and mothers in

00:48:31 --> 00:48:34

the nation's families, economically productive agents,

00:48:34 --> 00:48:36

taxpayers, soldiers, etc.

00:48:37 --> 00:48:40

As society subjected to Islamic law is one that is largely self

00:48:40 --> 00:48:43

governing, in which law and the morality intertwined with it

00:48:43 --> 00:48:48

largely operates in the interests of that society. By contrast, a

00:48:48 --> 00:48:50

society subject to the nation state is one that is ruled from

00:48:50 --> 00:48:51

above,

00:48:52 --> 00:48:55

and so on. So he's drawing attention to another of our

00:48:55 --> 00:48:58

strange paradoxes when we look at the Sharia and those who are

00:48:59 --> 00:49:03

leaders in determining the Sharia and that it is not statutory law.

00:49:04 --> 00:49:07

And that historically, actually is strange. It's unlike what the

00:49:07 --> 00:49:11

Chinese did, or the Romans did. It's odd for the state not to

00:49:11 --> 00:49:18

legislate. What does the soltanto Well, he's busy with his new loot

00:49:18 --> 00:49:24

or with his slaves or with whatever, but he can declare war.

00:49:25 --> 00:49:27

Sometimes he can appoint chief judges,

00:49:28 --> 00:49:30

but he doesn't legislate.

00:49:31 --> 00:49:33

The state doesn't legislate in the Sharia. And that's pretty

00:49:33 --> 00:49:38

consistent. So in a more recent book, while Haluk on the book is

00:49:38 --> 00:49:43

called The Impossible state, where he looks at the various exclusions

00:49:43 --> 00:49:46

and inclusions and catastrophes of the modern Muslim world where

00:49:46 --> 00:49:50

Sharia is being proposed as the nation's law and he says that's

00:49:50 --> 00:49:55

not how the Sharia works. Look at the text Sharia is not statutory

00:49:55 --> 00:50:00

law. You cannot have the Pakistani parliament say

00:50:00 --> 00:50:03

This is the Islamic law on blasphemy. And it becomes right

00:50:03 --> 00:50:06

for the country because Islamic law does not give the parliament

00:50:06 --> 00:50:07

or the state that right.

00:50:08 --> 00:50:11

It's God's law interpreted by the jurist in a million different

00:50:11 --> 00:50:15

ways. As soon as the state starts to impose it, you've got some

00:50:15 --> 00:50:19

totalitarian thing with the government making HD head and

00:50:19 --> 00:50:22

determining which of these multiple ambiguous solutions is

00:50:22 --> 00:50:26

correct. What right does the government have to exercise HD had

00:50:27 --> 00:50:31

all the members of the Pakistani military or parliament, super

00:50:31 --> 00:50:35

geniuses in HD head? And the gradations of Hadith? I don't

00:50:35 --> 00:50:40

think so. So he says, This is the greatest legal system ever evolved

00:50:40 --> 00:50:44

in human history. And towards the end of the book, he suggests ways

00:50:44 --> 00:50:48

in which you can overcome much of the modern disjuncture of Western

00:50:48 --> 00:50:48

law.

00:50:49 --> 00:50:54

But modern Islamist model of the Islamic State is completely alien

00:50:54 --> 00:50:59

to the Islamic legal system. We don't have statutory law that

00:50:59 --> 00:51:03

government doesn't legislate. Instead, you've got a space almost

00:51:03 --> 00:51:06

an anarchic state, where communities and religious

00:51:06 --> 00:51:09

communities are self regulating with their own laws appointing

00:51:09 --> 00:51:10

their own judges.

00:51:12 --> 00:51:16

Anyway, so this is important for us to understand that Islamic law

00:51:18 --> 00:51:20

is very surprising.

00:51:22 --> 00:51:26

But this has nothing to do with this needs to be emphasized,

00:51:27 --> 00:51:31

nothing to do with some kind of latitude and Arianism. As if truth

00:51:31 --> 00:51:34

doesn't matter. And morality isn't important. This is very moralizing

00:51:34 --> 00:51:41

society. And this law is determined by interpreters who are

00:51:43 --> 00:51:49

not messing around. But that guiding assumption that which

00:51:49 --> 00:51:54

unites them is that it's not so true. And it's never going to be

00:51:54 --> 00:51:57

united. And the texts are not designed to be read by

00:51:57 --> 00:51:58

fundamentalists.

00:51:59 --> 00:52:04

So let's look at the leader that I wanted to cite, as an example as

00:52:04 --> 00:52:08

an exemplar and figure perhaps as the first of whom we have

00:52:08 --> 00:52:12

extensive documentation because we have his views his fatwas his

00:52:12 --> 00:52:19

book, still to hand, which is Imam Malik, Imam Malik been ns. So

00:52:19 --> 00:52:21

let's see how he fits into this.

00:52:25 --> 00:52:31

Bit of bio data, first of all, in his context, remember, the Islamic

00:52:31 --> 00:52:35

Revolution has happened, blowing the minds of the pagan Arabs who

00:52:35 --> 00:52:38

didn't even have a law before it arrived, blowing the minds of the

00:52:38 --> 00:52:41

Byzantines and the Persians who want a state law and this is not

00:52:41 --> 00:52:46

going to be state law. It's something really unusual in

00:52:46 --> 00:52:50

radical dis continuity with what went before. And because of the

00:52:50 --> 00:52:54

nature of the sources, which in the early period, were even less

00:52:54 --> 00:52:58

systematized and filtered and graded than was the case later on.

00:52:58 --> 00:53:01

Of course, early Islamic law really diverse.

00:53:03 --> 00:53:07

Amongst the Sahaba Islamic law is differently interpreted. Some of

00:53:07 --> 00:53:10

the Sahaba will consider to be muffed is sometimes they say there

00:53:10 --> 00:53:14

were 10 of the Sahaba who could give judgments in Islamic law.

00:53:14 --> 00:53:18

Most of them were not, you might get even ambass for a religious

00:53:18 --> 00:53:22

judgment. You wouldn't go to Abu Huraira for religious judgment by

00:53:22 --> 00:53:25

and large because he wasn't recognized as Mufti even though he

00:53:25 --> 00:53:25

knew

00:53:27 --> 00:53:30

a mountain of of Hadith in the earliest period, the idea of

00:53:30 --> 00:53:36

jurists, jurists, experts in the fix the understanding of the law,

00:53:36 --> 00:53:39

rather than people who just kind of went through the hard drive and

00:53:39 --> 00:53:43

cited a relevant Hadith, which is we've seen it's not it's not going

00:53:43 --> 00:53:46

to work was was pretty normative. So

00:53:49 --> 00:53:51

he is born.

00:53:52 --> 00:53:56

We didn't know exactly when, towards the end of in the 90s of

00:53:56 --> 00:53:58

the second Islamic century,

00:54:00 --> 00:54:01

pretty early

00:54:03 --> 00:54:04

and becomes

00:54:06 --> 00:54:11

an expert quite early on, as a child were told that his mother,

00:54:11 --> 00:54:17

seeing his interest in learning and the prophetic legacy, put on

00:54:17 --> 00:54:23

the formal kind of clothes of a student of Hadith. And said, go to

00:54:24 --> 00:54:27

the mosque in Medina and and learn. So he was young and you

00:54:27 --> 00:54:31

find that the Hadith that he narrates, have, amazingly

00:54:31 --> 00:54:35

incomparably short isn't adds a lot of the time because it's kind

00:54:35 --> 00:54:39

of close to that age is meeting people in Medina who knew the

00:54:39 --> 00:54:40

Sahaba

00:54:41 --> 00:54:42

so

00:54:43 --> 00:54:47

that becomes one of the watchwords of his method.

00:54:49 --> 00:54:53

Born in Medina, dies in Medina, bear in Medina who looked at old

00:54:53 --> 00:54:58

Ottoman pictures you can see his tomb is one of the biggest domes

00:54:58 --> 00:54:59

in Alba Pierre

00:55:00 --> 00:55:04

Is the antonym of Medina scholars of Medina

00:55:06 --> 00:55:06

and

00:55:09 --> 00:55:18

from an early age becomes really paradigmatic of the sobriety and

00:55:20 --> 00:55:23

austerity of that particular type.

00:55:24 --> 00:55:28

He is not the sort of playful, whimsical, postmodern scholar that

00:55:28 --> 00:55:33

you encounter nowadays he was a man of deadly seriousness.

00:55:37 --> 00:55:40

We know a bit about his appearance because Abu Hanifa who visited in

00:55:40 --> 00:55:43

once what honey for son unmad visits him several times it takes

00:55:43 --> 00:55:46

from him but Abu Hanifa meets him one Malik doesn't really leave

00:55:46 --> 00:55:48

Medina ever except for Hajj.

00:55:50 --> 00:55:51

He calls him

00:55:53 --> 00:55:56

as rock. So we're pretty clear that he had blue eyes.

00:55:59 --> 00:56:05

DNA test him but it seems that his father was from the US buffer

00:56:05 --> 00:56:10

tribe of Yemen. But his mother was from the Mohali convert background

00:56:10 --> 00:56:14

we don't really know. So this becomes significant for Malick,

00:56:14 --> 00:56:17

even though he's in this Arab city of Medina, where all the great

00:56:17 --> 00:56:22

poets of the time are. Medina has a great center of Arabic

00:56:24 --> 00:56:24

literature.

00:56:26 --> 00:56:32

But he has an openness in his foot for the non Arab, which is

00:56:32 --> 00:56:37

important not to go on about this. But it needs to be said in our

00:56:37 --> 00:56:41

communities that one of the most startling and shocking aspects of

00:56:41 --> 00:56:45

the Islamic Revolution was that your DNA didn't actually matter

00:56:45 --> 00:56:51

too much. You learn your ancestry. And you can take pride in a

00:56:51 --> 00:56:55

virtuous or generous great grandfather. That's fine, take

00:56:55 --> 00:56:56

pride in their virtues.

00:56:58 --> 00:57:01

But it doesn't have legal significance. Whereas for pre

00:57:01 --> 00:57:06

Islamic Arabia, that who you were your rights, who would stand up

00:57:06 --> 00:57:09

for you was determined entirely by your tribe.

00:57:10 --> 00:57:16

So he was happy to allow at a time of very considerable time with the

00:57:16 --> 00:57:17

bunny or Maya

00:57:18 --> 00:57:20

sharib chauvinism.

00:57:21 --> 00:57:26

A lot of discrimination against convert in the name of kind of

00:57:26 --> 00:57:30

Arab pride. The insistence they continue to pay the Jizya even

00:57:30 --> 00:57:33

after converting because they weren't really proper Arabs a lot

00:57:33 --> 00:57:38

of discriminations in terms of official and military

00:57:38 --> 00:57:39

appointments.

00:57:40 --> 00:57:44

Imam Malik was on the side of equality of believers and this

00:57:44 --> 00:57:47

needs to be recalled just this morning. I got another of those

00:57:47 --> 00:57:48

emails.

00:57:51 --> 00:57:51

African girl

00:57:53 --> 00:57:54

being proposed to,

00:57:55 --> 00:57:58

by somebody of Arab origin,

00:58:01 --> 00:58:06

either want to get married, Sharia doesn't object. But the Arab

00:58:06 --> 00:58:11

parents say no. Why? Because of African origin. Full stop, end of

00:58:11 --> 00:58:15

story. What can they do? Just this morning, this comes

00:58:17 --> 00:58:22

still 14 centuries after this prophetic revolution. That's still

00:58:22 --> 00:58:23

how we are.

00:58:25 --> 00:58:28

So don't think that learning about the early Islamic time is just

00:58:28 --> 00:58:32

about the move towards the Islamic perfection which we now inhabit

00:58:32 --> 00:58:36

Jaya. Helia is often for many Muslims and Muslim families and

00:58:36 --> 00:58:40

Muslim governments more significant than any Islamic

00:58:40 --> 00:58:43

values. So, we need to recall that

00:58:50 --> 00:58:52

Yep, so he is

00:58:54 --> 00:58:59

brought up in the city of Medina. And as a young person, and as a

00:58:59 --> 00:59:04

child, he sought the people of Medina veneration for anything

00:59:04 --> 00:59:07

that was still there from the time of the Holy Prophet. So not only

00:59:07 --> 00:59:12

was the author of the Rasul has always been part of the culture of

00:59:12 --> 00:59:17

the people of Medina that you have reverence for it in a kind of

00:59:17 --> 00:59:20

physical way, which is why he never in his life rode an animal

00:59:20 --> 00:59:24

horse or mule or donkey in Medina, just out of respect.

00:59:27 --> 00:59:32

Mm Otto even I'd be rebuff was another great jurist of the time

00:59:32 --> 00:59:37

when he went into the mosque to pray, would always touch the

00:59:37 --> 00:59:42

minibar before praying in order to absorb some of the blessing memory

00:59:42 --> 00:59:45

of the prophetic time and that one of the Khalifa has

00:59:46 --> 00:59:50

heard that the minbar of this great mosque was just the kind of

00:59:50 --> 00:59:55

old wooden thing that it had been at the time that the Holy Prophet

00:59:56 --> 00:59:58

said that you were going to replace it with this great kind of

00:59:58 --> 00:59:59

ivory and ebony

01:00:00 --> 01:00:05

And jeweled thing and people of Medina protested and Imam Malik

01:00:05 --> 01:00:09

says La ARA and your former nurse Rasul Allah. I don't think that

01:00:09 --> 01:00:16

it's right that people should be deprived of the relics of Allah's

01:00:16 --> 01:00:19

Messenger. This is always important for the people of Medina

01:00:19 --> 01:00:21

in particular, every little well.

01:00:23 --> 01:00:26

When I was living in Saudi Arabia, there were people who got to this

01:00:26 --> 01:00:27

carpark

01:00:29 --> 01:00:33

and in the carpark there was a kind of scratched area.

01:00:34 --> 01:00:36

Somebody had taken a break or something just traced out this

01:00:36 --> 01:00:39

kind of rectangle the size of a prayer company, we'll get them

01:00:39 --> 01:00:39

pray.

01:00:41 --> 01:00:44

Because it's narrated by the people of Medina that Holy Prophet

01:00:44 --> 01:00:46

salAllahu alayhi wasallam once prayed to records in that place,

01:00:47 --> 01:00:50

and even though there's a supermarket in the carpark, and

01:00:50 --> 01:00:50

it's kind of like,

01:00:52 --> 01:00:55

some American city just to look at it, but with palm trees, and maybe

01:00:55 --> 01:00:56

it's

01:00:57 --> 01:00:57

Miami.

01:00:59 --> 01:01:02

There's this rectangle, and the people will go there still to pray

01:01:02 --> 01:01:06

there to Rocco's people in Medina and the wells in the mountains and

01:01:06 --> 01:01:11

they know where everything is. That's part of what they've in.

01:01:13 --> 01:01:17

inherited from the age of the Salah. So the whole city is kind

01:01:17 --> 01:01:22

of redolent with fragrant blessings from the Holy Prophets

01:01:22 --> 01:01:23

time.

01:01:25 --> 01:01:28

So he's brought up in a house of

01:01:30 --> 01:01:31

learning.

01:01:35 --> 01:01:38

And one of his teachers was naffaa,

01:01:39 --> 01:01:40

who

01:01:41 --> 01:01:46

is one of the figures of the so called Golden Chain Malik's also

01:01:46 --> 01:01:53

Buhari is preferred. It's not just Malik, from Nafa. From Evan Omar

01:01:54 --> 01:01:56

from the Holy Prophet, so just two intermediaries

01:01:57 --> 01:02:02

so a very high isnaad As they say, short and bad he is absolutely

01:02:02 --> 01:02:07

reputable, puritanical figures if an adverse very ascetical

01:02:07 --> 01:02:10

Nathanael, his great student, and he's telling Imam Malik directly

01:02:10 --> 01:02:14

so that hadith could not possibly be open to any kind of

01:02:15 --> 01:02:20

interpolation or fabrication. It's just kind of a first order truth

01:02:20 --> 01:02:22

that that is a genuine narration.

01:02:32 --> 01:02:37

Yup, so we find in the first century, amongst the Sahaba and

01:02:37 --> 01:02:44

attended a in a certain reverence for the city of Medina and for its

01:02:44 --> 01:02:44

FIP.

01:02:48 --> 01:02:48

So,

01:02:49 --> 01:02:55

Abdullah ibn Omar, who just mentioned, heard that the Khalifa

01:02:55 --> 01:02:58

this is under Malik bin Marwan the one who built the Dome of the Rock

01:02:58 --> 01:03:03

in Jerusalem compared to Sahara was involved in arbitrating legal

01:03:03 --> 01:03:04

dispute

01:03:05 --> 01:03:10

between two jurists and trying to figure out which of them was right

01:03:10 --> 01:03:15

so even Omar wrote to him saying in quantum there is it to the to

01:03:15 --> 01:03:20

jurist to return in the matura family coma be during his Hijrah

01:03:20 --> 01:03:21

was sunnah.

01:03:22 --> 01:03:26

If you want good Council, then follow the Dar Al Hijrah and the

01:03:26 --> 01:03:27

Sunnah.

01:03:28 --> 01:03:31

So, the earliest period we find this reverence for the

01:03:33 --> 01:03:35

prophetic fragrance of the city,

01:03:36 --> 01:03:37

which still contain

01:03:38 --> 01:03:43

a community which was in continuity with a prophetic age,

01:03:43 --> 01:03:47

unlike some of the garrison towns, for start in Egypt call for in

01:03:47 --> 01:03:52

Iraq, Muslims in Damascus, the Sahaba had spread to many places,

01:03:52 --> 01:03:59

but the local tradition was a new tradition, whereas Medina was in

01:03:59 --> 01:04:02

continuity with that early age and there had been so little

01:04:02 --> 01:04:04

opportunity for it to,

01:04:05 --> 01:04:11

to, to change. So in Malik I've mentioned a kind of

01:04:12 --> 01:04:17

saintly individual but of the rather stern variety, the Jelena

01:04:18 --> 01:04:18

type,

01:04:19 --> 01:04:24

so and his reverence for the Sunnah was that he would never

01:04:24 --> 01:04:28

give a fatwa unless he had waldock.

01:04:29 --> 01:04:32

If he was asked for a hadith sometimes he'll go back to his

01:04:32 --> 01:04:35

house and do a Wasson, before coming to narrate a hadith just

01:04:35 --> 01:04:39

out of reverence. It's not required for the validity of

01:04:39 --> 01:04:43

Hadith narration but just out of the kind of, or in which he held

01:04:43 --> 01:04:47

the prophetic legacy and his knowledge of the onerous

01:04:47 --> 01:04:51

responsibility of saying that God's messenger had said something

01:04:54 --> 01:04:59

because of his fearfulness of getting things wrong, whenever he

01:05:00 --> 01:05:04

He issued a fatwa, he was famous for saying, the hollow and water

01:05:04 --> 01:05:05

in Lebanon.

01:05:06 --> 01:05:09

This is exactly what we mean by the Islamic model of leadership,

01:05:09 --> 01:05:13

who don't want to do it. It's your moral obligation to transmit

01:05:13 --> 01:05:16

something that you know to be true from the Holy Prophet salallahu

01:05:16 --> 01:05:19

Alaihe Salam, you can't hide that light under a bushel, but it's

01:05:20 --> 01:05:23

really scary. You don't want to distort people's knowledge of

01:05:23 --> 01:05:27

Revelation. So because of his own self knowledge, his own

01:05:27 --> 01:05:32

understanding of his weakness and of the momentous business that he

01:05:32 --> 01:05:35

was embarked upon who begin with this, hello, I love it. I love it.

01:05:35 --> 01:05:37

I have to do this.

01:05:38 --> 01:05:42

Not here I am. And I'd like to thank His Majesty for inviting me

01:05:42 --> 01:05:45

to the splendid Islamic conference. And we're so grateful

01:05:45 --> 01:05:48

to the catering staff, and here we are, they accept this medal on

01:05:48 --> 01:05:52

behalf of the Muslim whatever. Instead of that performance, which

01:05:52 --> 01:05:57

we have nowadays is just a performance bla bla bla, he's

01:05:57 --> 01:06:01

being asked to relate from the best of creation. He doesn't want

01:06:01 --> 01:06:05

to do it, but he knows he has to do it. And this is famous is a

01:06:05 --> 01:06:12

part of his fastidious moral nature. His conscience imposes it

01:06:13 --> 01:06:13

upon him.

01:06:15 --> 01:06:21

Also making sure that he would only speak when he had consulted

01:06:21 --> 01:06:25

with others was part of his leadership. I guess he said he

01:06:25 --> 01:06:27

didn't give his first fatwah

01:06:28 --> 01:06:33

until he had consulted with 79 all on that, on that fatwa.

01:06:35 --> 01:06:37

Nowadays, give everybody's Mufti.

01:06:38 --> 01:06:42

you post something on YouTube. And by the next day, you've got 50

01:06:42 --> 01:06:47

fatwas, in bad English is haram. This is sunnah Masha Allah,

01:06:47 --> 01:06:49

everybody's Mufti nowadays.

01:06:50 --> 01:06:55

But he was not like that, and would consult and will consult and

01:06:55 --> 01:06:59

will consult until he gave the view that he considered to be

01:07:00 --> 01:07:00

correct.

01:07:04 --> 01:07:06

Yeah, one of his

01:07:08 --> 01:07:10

teachers was called Rubby

01:07:11 --> 01:07:18

Rubby. He was his super k. And this becomes one of the features

01:07:18 --> 01:07:18

of

01:07:20 --> 01:07:23

fuckery in this early period, right? It means kind of

01:07:23 --> 01:07:27

considered. deliberation doesn't just mean opinion. Right? He has a

01:07:27 --> 01:07:33

very specific kind of view that you take on the basis of certain

01:07:35 --> 01:07:39

processes that you've gone through very often. And this is starting

01:07:39 --> 01:07:42

to come to our awareness. Now in modern scholarship.

01:07:43 --> 01:07:48

We assume that in this formative period, there wasn't really a

01:07:48 --> 01:07:54

legal methodology. There wasn't a solid fuck, as we later assume,

01:07:54 --> 01:07:58

from Ghazali, and Amedee. And those amazingly complicated things

01:07:58 --> 01:08:00

with 20 different types of PS.

01:08:02 --> 01:08:05

The old assumption was that there's a formative period of

01:08:05 --> 01:08:09

Islamic law and things are kind of chaotic. And people are giving

01:08:09 --> 01:08:14

views just on the basis of what they think might be right. And

01:08:14 --> 01:08:17

this is a position identified with somebody called yours, if shocked

01:08:17 --> 01:08:21

in particular, who was active in the mid 20th century and was one

01:08:21 --> 01:08:24

of the great professors the history of Islamic law, who had

01:08:24 --> 01:08:25

this idea of

01:08:26 --> 01:08:30

the formative period and ancient schools of Islamic law, the School

01:08:30 --> 01:08:32

of the hijas School of Iraq particularly.

01:08:34 --> 01:08:38

And then Imam Shafi comes at the end of this formative period and

01:08:38 --> 01:08:42

with his famous reseller explains a methodology for the first time

01:08:43 --> 01:08:46

on how you deal with the Quran and the Sunnah and you deduce the law.

01:08:48 --> 01:08:52

That's been a very widely held view. More recently, we have

01:08:53 --> 01:08:58

learned to challenge that. Dr. Omar Abdullah, for instance, who

01:08:58 --> 01:09:02

has it was his PhD thesis, but he published it recently Malik and

01:09:02 --> 01:09:06

Medina. The point of his book really is to show that if you

01:09:06 --> 01:09:07

really look at Malik's

01:09:08 --> 01:09:13

judgments, and you reconstruct the reasoning behind them, you can see

01:09:13 --> 01:09:16

that he was also operating with something you can certainly call a

01:09:16 --> 01:09:17

sort of.

01:09:18 --> 01:09:22

It's not a kind of arbitrary, careless, random deploying of

01:09:22 --> 01:09:28

Hadith, the way we often do it nowadays, instead, there's a

01:09:28 --> 01:09:31

rigorous methodology behind it, which you can reconstruct what he

01:09:31 --> 01:09:36

didn't publish was a book on how to do it. But he nonetheless had

01:09:36 --> 01:09:40

his soul. And the same goes for Abu Hanifa and allows that I

01:09:40 --> 01:09:44

certainly and the other early schools, it's just a chef, it

01:09:44 --> 01:09:47

actually wrote it down, and it from that time on became a kind of

01:09:47 --> 01:09:50

literary genre in Islamic civilization. But to assume that

01:09:50 --> 01:09:54

the fuck was kind of chaotic, in the first couple of centuries

01:09:54 --> 01:09:59

simply underestimates the again fastidious precision with which

01:09:59 --> 01:09:59

these

01:10:00 --> 01:10:03

People research the sources and the

01:10:05 --> 01:10:08

reluctance that they had to actually express the opinions.

01:10:08 --> 01:10:11

This wasn't an age in which people would just

01:10:12 --> 01:10:18

randomly hold for So Robbie is one of his teachers Rabhi are famous

01:10:18 --> 01:10:25

for giving views without apparent prophetic support. The reason for

01:10:25 --> 01:10:29

that being in the city of Medina, the practice, the city of Medina

01:10:29 --> 01:10:33

could be interpreted as being a reliable recollection of the

01:10:33 --> 01:10:40

Prophetic practice, or that he had Hadith or other early texts own

01:10:40 --> 01:10:44

but just didn't cite them in offering his position. So that's

01:10:44 --> 01:10:48

rubbish. One of his teachers. Another was Ibn Hormoz.

01:10:51 --> 01:10:55

had been homeless seems to have had a book, which in some ways was

01:10:55 --> 01:10:59

the kind of precedent of the water which is the famous book, which we

01:10:59 --> 01:11:01

sometimes think is a Hadith collection, although it's not,

01:11:01 --> 01:11:02

which is

01:11:03 --> 01:11:07

identified with Imam Malik given hornless also seems to have had

01:11:07 --> 01:11:07

this

01:11:10 --> 01:11:17

text and he's a text of that type, Ibn Hormoz. Again, emblematic of

01:11:17 --> 01:11:19

this type of scholar, the leader

01:11:20 --> 01:11:24

who doesn't want to pretend that he has the answers.

01:11:25 --> 01:11:28

One of the famous things that every student learns about Imam

01:11:28 --> 01:11:31

Malik is that he would say, I don't know, a lot of the time,

01:11:32 --> 01:11:37

once some people came, asked him 42 questions, and he said, I don't

01:11:37 --> 01:11:42

know that three to 36 of them. They've traveled to Medina to get

01:11:42 --> 01:11:44

the right answer, or at least his preferred opinion is

01:11:47 --> 01:11:48

a bit disappointing.

01:11:49 --> 01:11:54

It's like going to sort of Chief Justice, or saying, Well, what's

01:11:54 --> 01:11:55

your view on this case? I didn't know.

01:11:57 --> 01:12:00

The Attorney General I didn't know doesn't happen nowadays, partly

01:12:00 --> 01:12:02

because they lose their job if they kept saying,

01:12:04 --> 01:12:10

but it is from their diffidence and that control of their egos.

01:12:11 --> 01:12:14

Because the Odium, academic,

01:12:15 --> 01:12:20

the besetting effort or sin of academics is that they always want

01:12:20 --> 01:12:24

to have an answer to everything. And that it's kind of lips, the

01:12:24 --> 01:12:28

bits the site down. If in a monograph or in a conference, you

01:12:28 --> 01:12:32

say, I don't know, who knows? You're not supposed to do that.

01:12:32 --> 01:12:36

You don't get tenure by saying, I don't know. Every time somebody

01:12:36 --> 01:12:39

asks you a question. In an interview, the whole system is

01:12:39 --> 01:12:43

directed really towards propping up people's ego. So people wing it

01:12:43 --> 01:12:48

and they come up with reasons that they may not actually believe in

01:12:48 --> 01:12:51

and this is something a member of US ally talks about the bad

01:12:51 --> 01:12:57

scholar who pretends to know, but doesn't. So he gets this from Evan

01:12:57 --> 01:12:58

Hormoz.

01:13:00 --> 01:13:06

And it becomes Malik's what word really so Carla Malik, semi auto

01:13:06 --> 01:13:10

Abner Hormoz in your call Youngberry. And you return early

01:13:10 --> 01:13:12

modular Sir, who cola at three?

01:13:14 --> 01:13:20

Malik said, I heard Ibn Hormoz saying it is right for the scholar

01:13:20 --> 01:13:24

to teach his associates the words I don't know.

01:13:26 --> 01:13:32

That's a good piece of advice for a scholar. But why is this the

01:13:32 --> 01:13:35

case? Well, he explains the kind of man that he's studying with I

01:13:35 --> 01:13:39

would visit Ibn Hormoz he would order the servant to shut the door

01:13:39 --> 01:13:42

and close the curtains. And then he would speak about the early

01:13:42 --> 01:13:46

days of this ummah, and tears would run down his beard.

01:13:47 --> 01:13:52

Another type of contrite type of scholar, nostalgic for the last

01:13:52 --> 01:13:57

fragrant days of early Islam, part of the Hadith scholars and indeed

01:13:57 --> 01:14:01

the jurists task is to try and recreate something of the unique

01:14:03 --> 01:14:07

spiritual immediacy of the early days of the ummah.

01:14:10 --> 01:14:15

Sometimes we're told the Imam Malik in order to get to his view,

01:14:16 --> 01:14:20

would not allow himself to sleep or to eat or to drink while he was

01:14:20 --> 01:14:21

researching something.

01:14:22 --> 01:14:25

Wouldn't be like the modern scholar who gets up on Starbucks

01:14:25 --> 01:14:28

and talks to his friends and it gets back to something and

01:14:28 --> 01:14:31

postpones it. He went when he wanted to do something, he would

01:14:31 --> 01:14:36

focus on it in the there and now and not do anything until he had

01:14:36 --> 01:14:38

come to his view on it.

01:14:46 --> 01:14:50

Yep, so he's translated transmitting from these scholars

01:14:50 --> 01:14:58

fic and ratiu and Hadith. He has other teachers as well. Jennifer

01:14:58 --> 01:14:59

esodoc and his father Mohammed and by

01:15:00 --> 01:15:05

occur, we tend to think of as she authors in this early period, she

01:15:05 --> 01:15:09

our kind of political legitimacy movement rather than the

01:15:09 --> 01:15:14

denomination. So there was no problem with Abu Hanifa Imam

01:15:14 --> 01:15:19

Malik, associating as equals with jurist later identified with she

01:15:19 --> 01:15:19

lines

01:15:21 --> 01:15:26

with a zaharie, naffaa. And others. You might say, well, this

01:15:26 --> 01:15:29

is all a bit provincial, he's sitting in Medina shouldn't a

01:15:29 --> 01:15:34

scholarly leader, particularly in Islamic culture, which we assume

01:15:34 --> 01:15:37

is the culture of rattler and traveling everywhere? Shouldn't be

01:15:37 --> 01:15:40

travel isn't as odd. He's just saying that? Well, the answer is

01:15:40 --> 01:15:43

because he's in Medina, the world travels to him.

01:15:44 --> 01:15:48

Most of the hedges, go through Medina, or visit Medina on their

01:15:48 --> 01:15:53

way to Hajj now includes the scholarly elite. So it gets to see

01:15:53 --> 01:15:56

people from around the Ummah and he goes out of his way to get to

01:15:56 --> 01:16:00

know them. Because the principle of juridical leadership in Islam

01:16:00 --> 01:16:04

is that you don't just know the books, but you know, the people to

01:16:04 --> 01:16:09

whom the law applies. And regional variation is something that is an

01:16:09 --> 01:16:10

axiom in Sharia.

01:16:12 --> 01:16:13

Not in matters of worship.

01:16:15 --> 01:16:16

But in matters of

01:16:17 --> 01:16:24

personal law, and the actual practice of the court. Because the

01:16:24 --> 01:16:28

judge has far more discretion and leeway in an Islamic court to see

01:16:28 --> 01:16:31

what actually is natural justice in a circumstance than Western

01:16:31 --> 01:16:33

statutory law where the judge can't do anything, you've done

01:16:33 --> 01:16:38

something outrageous online. But the law hasn't caught up with that

01:16:38 --> 01:16:41

outrageous thing yet the way in which society can penalize you.

01:16:42 --> 01:16:45

But in Islamic law, that the judge does have the right not to impose

01:16:45 --> 01:16:49

a death sentence, but to impose some kind of custodial sentence of

01:16:49 --> 01:16:52

a fine if you've done something that he thinks is wrong, even if

01:16:52 --> 01:16:55

there's no statute, which is another thing that seems strange

01:16:55 --> 01:17:00

to the Western consciousness that often depends on the culture of

01:17:00 --> 01:17:02

individuals. And the ruling might be different for different

01:17:02 --> 01:17:05

families or for different regions because of what the local

01:17:05 --> 01:17:09

perception of natural justice might be. So Imam Malik is

01:17:09 --> 01:17:13

actually he's got his finger on the pulse of the OMA just by being

01:17:13 --> 01:17:17

in Medina, and meeting all of these jurists, and that's one

01:17:17 --> 01:17:22

reason why this apparently very local matter becomes global,

01:17:22 --> 01:17:25

because his approach is being taken out.

01:17:27 --> 01:17:31

So his call spreads quite quickly in Egypt, North Africa, even

01:17:31 --> 01:17:32

during his

01:17:34 --> 01:17:35

lifetime.

01:17:36 --> 01:17:39

It was always experienced as being

01:17:40 --> 01:17:44

a kind of practical and workable system of law. I've mentioned that

01:17:44 --> 01:17:48

it did have or fall. But these weren't conceived as an elaborate

01:17:48 --> 01:17:51

philosophical, jurisprudential structure,

01:17:53 --> 01:17:55

but rather focused on

01:17:57 --> 01:18:02

the Imams close knowledge of people's actual circumstances, and

01:18:02 --> 01:18:06

his awareness of the purpose of the law, which is a tayseer to

01:18:06 --> 01:18:11

make human life easier under God. So

01:18:12 --> 01:18:18

there's a lot of things in the madhhab such as taqdeer, sort of

01:18:18 --> 01:18:21

estimating what something ought to be, if you didn't have a clear

01:18:21 --> 01:18:26

Hadith for it, followed certain assumptions presuppositions

01:18:27 --> 01:18:31

based not on a random subjective sense of what ought to be right.

01:18:32 --> 01:18:35

But on his life experience of dealing with the practice of a

01:18:35 --> 01:18:37

righteous city and of human nature.

01:18:38 --> 01:18:45

Because of his lifelong experience of litigants, and of jurists, and

01:18:45 --> 01:18:48

of just dealing with the marketplace, and just people in

01:18:48 --> 01:18:53

Medina, and hearing cases from strange places around the world

01:18:53 --> 01:18:58

for scholars who came to visit him, uh, his idea of juridical

01:18:58 --> 01:19:02

leadership was based on somebody who really used society and was

01:19:02 --> 01:19:05

part of it, which again, is part of the

01:19:07 --> 01:19:10

what I began by saying, the characteristic Islamic vision that

01:19:10 --> 01:19:14

we go through the world to get to the other side, rather than trying

01:19:14 --> 01:19:15

to tiptoe around it.

01:19:17 --> 01:19:20

In the Catholic context, people will say, well, the priest is

01:19:20 --> 01:19:24

advising me on my marriage, or how to do with my children, the priest

01:19:24 --> 01:19:28

has never been in that space. Who are these old guys in the Vatican?

01:19:29 --> 01:19:32

Two right, begin cyclical rules about family life. It's odd,

01:19:33 --> 01:19:37

was an Islamic context because the jurist is absolutely part of

01:19:37 --> 01:19:41

society and married and has children and might participate in

01:19:41 --> 01:19:46

wars and has a business or a shop. It's on the basis of that close

01:19:46 --> 01:19:51

experience of the gritty reality, the texture of human life, that

01:19:51 --> 01:19:56

the jurist acquires this this fear rasa, this spiritual aesthetic

01:19:56 --> 01:19:59

insight into what sounds like good law

01:20:00 --> 01:20:04

which is absolutely necessary given the complexity of the

01:20:04 --> 01:20:07

revealed sources, there has to be this right. This inspired

01:20:07 --> 01:20:12

considered judgment. Again, this is not a fundamentalist age and

01:20:12 --> 01:20:15

not a fundamentalist community.

01:20:16 --> 01:20:22

And one of the famous heroic leadership incidents of the life

01:20:22 --> 01:20:25

of Imam Malik and there's a famous parallel in the life of Imam Ahmed

01:20:25 --> 01:20:29

bin Hamburg, underlines this fact that the law is not determined by

01:20:29 --> 01:20:30

the state,

01:20:31 --> 01:20:35

which is that the KDF sitting in his palace in Baghdad, which is

01:20:35 --> 01:20:41

this kind of outrageous thing with seven concentric walls and moats,

01:20:42 --> 01:20:44

and guards from different countries and

01:20:45 --> 01:20:48

a pet lion that guards the throne that it's that kind of Arabian

01:20:48 --> 01:20:52

Nights. Well, Malik doesn't want to go near that the bailiff

01:20:52 --> 01:20:55

sitting on this throne thinks wouldn't be nice to have a single

01:20:55 --> 01:21:00

law for my empire. Maybe the Byzantines have got that Justinian

01:21:00 --> 01:21:05

code. And I could be in charge of much more power if I control the

01:21:05 --> 01:21:09

law. And these jurists don't want me to have anything except my

01:21:09 --> 01:21:13

throne and my lion and my name and the hot person. I'd like a bit

01:21:13 --> 01:21:14

more than that, please.

01:21:15 --> 01:21:20

So the Khalifa tries to throw his weight around by compelling

01:21:20 --> 01:21:24

leading jurists to issue judgments that the Khalifa approves off. So

01:21:25 --> 01:21:28

among sore is the first really significant Ambassade qlf.

01:21:31 --> 01:21:34

Since Imam Malik a messenger telling him not to narrate a

01:21:34 --> 01:21:38

particular Hadith, Lisa Arlen was crying Talaq,

01:21:39 --> 01:21:44

which is that forced divorce is invalid. In the Sharia, you can't

01:21:44 --> 01:21:49

force somebody to divorce somebody else. And then Halifa wants to get

01:21:49 --> 01:21:53

rid of this partly because of the aversive forcible assumption of

01:21:53 --> 01:21:57

power. And the idea everybody had been forced to take bait.

01:21:59 --> 01:22:04

This still goes on, of course, some new king or tyrant appears in

01:22:04 --> 01:22:08

a Muslim country and everybody has seen someone will die, we pledge

01:22:08 --> 01:22:11

our obedience to you and you're forced to do that the Abbasids

01:22:11 --> 01:22:14

we're forcing people to do this after the very violent, brutal

01:22:16 --> 01:22:22

revelation revolution. And so the analogy from this legitimacy of a

01:22:22 --> 01:22:26

forced divorce was important and Imam Malik gets this messenger and

01:22:26 --> 01:22:27

says, No.

01:22:29 --> 01:22:34

And so the governor of Medina is almost ordered to cease and flog

01:22:35 --> 01:22:36

Imam Malik

01:22:37 --> 01:22:40

and puts them on the rack. So he's physically stretched his shoulders

01:22:40 --> 01:22:46

dislocated, and he passes out if the pain is so great that he loses

01:22:46 --> 01:22:47

consciousness

01:22:48 --> 01:22:52

and they loosened the rack and he comes to and is asked, Well, are

01:22:52 --> 01:22:54

you going to continue with this hadith?

01:22:55 --> 01:22:59

His Royal Highness doesn't like and he says,

01:23:00 --> 01:23:02

I forgive a mon sore.

01:23:04 --> 01:23:08

Why you forgiving the honey for for torturing us I forgive him

01:23:08 --> 01:23:11

because I don't want to meet God on the day of judgment. Having

01:23:11 --> 01:23:14

said something bad about somebody from the prophetic family.

01:23:16 --> 01:23:20

It's a kind of way around it but it's also indicative of the

01:23:20 --> 01:23:23

greatness. He's not kind of cursing

01:23:24 --> 01:23:29

and screaming He forgives the Khalifa. The Khalifa has taken a

01:23:29 --> 01:23:33

different view she doesn't agree with but he's not going to start

01:23:34 --> 01:23:39

screaming and cursing. So he's not going to stop narrating this

01:23:39 --> 01:23:44

Heidi's and so that the police of the time, shave off his beard

01:23:45 --> 01:23:48

and mounts him on a camel and parade him through Medina looking

01:23:48 --> 01:23:49

ridiculous.

01:23:50 --> 01:23:54

And then he's ordered to condemn himself aloud in front of

01:23:54 --> 01:23:57

everybody but he says man, either funny or funny.

01:23:59 --> 01:24:02

I may look strange today, but whoever knows me will recognize

01:24:02 --> 01:24:09

me. My name is Malik Ibn Anas. And I say Lisa Allen will Stukeley

01:24:09 --> 01:24:12

Talaq, forced divorce is illicit.

01:24:13 --> 01:24:17

So the key word here is if this says, Well, I can't really go any

01:24:17 --> 01:24:20

further. He's stubborn,

01:24:21 --> 01:24:25

ontological saraha, who let him go and so his released that's an

01:24:25 --> 01:24:27

example of leadership that in

01:24:29 --> 01:24:34

extremists, these early ambassadors are very brutal.

01:24:35 --> 01:24:39

They've even dug up the bodies of the bunny or Maya and thrown the

01:24:40 --> 01:24:44

remains to the dogs. They're kind of vicious.

01:24:45 --> 01:24:48

They're doing this to Imam Malik. And it's a kind of important

01:24:48 --> 01:24:51

political thing that they're trying to force him to do, but he

01:24:51 --> 01:24:53

will not succeed.

01:25:00 --> 01:25:04

Another great a basket case with Haroon Rashid, the famous one of

01:25:04 --> 01:25:08

the Arabian Nights, was in Medina and wanted to go to Imam Malik's

01:25:08 --> 01:25:09

class.

01:25:11 --> 01:25:14

And the Khalifa has his chair brought everybody sitting on the

01:25:14 --> 01:25:15

floor and a Khalifa was on his chair.

01:25:17 --> 01:25:22

And Imam Malik stops talking and indicates that the Khalifa should

01:25:22 --> 01:25:24

sit on the floor along with all of the students.

01:25:26 --> 01:25:27

Haroon says,

01:25:28 --> 01:25:31

what can you send them away, so I can read you some Hadith and you

01:25:31 --> 01:25:35

can give me a Jazza in these Hadith and Malik says, If ordinary

01:25:35 --> 01:25:39

people are not allowed to attend because of the wealthy, how the

01:25:39 --> 01:25:42

wealthy are going to benefit? In other words, it's in your interest

01:25:42 --> 01:25:45

to be with these other students. This is not a kind of private

01:25:45 --> 01:25:48

thing. Can I have a private session with you please share. I

01:25:48 --> 01:25:50

don't want to be with those people because it wouldn't really know

01:25:50 --> 01:25:51

very much and they're all

01:25:53 --> 01:25:58

people I don't approve of notices. The Imam is very happy to ask the

01:25:58 --> 01:26:02

khalifa to sit on the floor. And this is leadership and he kind of

01:26:02 --> 01:26:07

gets away with it even though he's beaten and stretched and has his

01:26:07 --> 01:26:11

beard shaved off because he will not make concessions and this is

01:26:11 --> 01:26:15

why we still revere his name and he's madhhab is still followed by

01:26:16 --> 01:26:21

so much of the ALMA maybe 15% of the ALMA is Maliki.

01:26:23 --> 01:26:28

So when put to the test, he doesn't buckle. Nowadays, some

01:26:28 --> 01:26:33

Allamah do buckle. The Grand Mufti of here, or the Minister of Alkaff

01:26:34 --> 01:26:38

of they're threatened, sometimes quite in quite bloodcurdling terms

01:26:38 --> 01:26:44

by this, that, or the other Sultan or general or whoever it might be

01:26:44 --> 01:26:50

will say, all right, every caught in my Gulf country is now going to

01:26:50 --> 01:26:54

be only about obeying the ruler and the wonderfulness of the

01:26:54 --> 01:26:57

ruler, and we don't have any other subjects. That's what we're going

01:26:57 --> 01:27:00

to do. And this is what happens. This would not be the way of Imam

01:27:00 --> 01:27:02

Malik, who

01:27:04 --> 01:27:08

was a dignified man and must have found this very humiliating. We're

01:27:08 --> 01:27:11

told he was dressed well, and he had a nice house. He wasn't the

01:27:11 --> 01:27:12

kind of barefoot

01:27:15 --> 01:27:20

dervish type, he believed that scholarship should look good. This

01:27:20 --> 01:27:23

was terribly humiliating for him, but he wasn't going to capitulate.

01:27:24 --> 01:27:30

And that is an important lesson for our age when regimes try to

01:27:31 --> 01:27:35

control the Sharia, or abolish the Sharia or get scholars to give

01:27:35 --> 01:27:40

some crazy statement and pressurize them. Unfortunately,

01:27:41 --> 01:27:43

if you're going to be a scholar, you have to say what Mr. Malik

01:27:43 --> 01:27:46

says each time is giving a fact right now Hola, La Quwata in

01:27:46 --> 01:27:51

Lebanon, even if this means I have to go to jail. This is God's

01:27:51 --> 01:27:55

religion. This is the way of the Holy Prophet, this is God's law.

01:27:55 --> 01:27:57

This is how it is.

01:27:58 --> 01:28:02

And there have been some there perhaps not enough heroic

01:28:02 --> 01:28:06

instances of this in recent years, so

01:28:07 --> 01:28:08

we should

01:28:10 --> 01:28:12

move on to consider

01:28:13 --> 01:28:18

although we've already learned a certain amount about him, his

01:28:19 --> 01:28:24

books or while his book really, but there are two that are

01:28:24 --> 01:28:26

significant in the early spread of his mouth hub.

01:28:28 --> 01:28:32

These are amongst the most influential texts in Islam. The

01:28:32 --> 01:28:34

first of them is Alan Watts top

01:28:35 --> 01:28:38

people think well this is the sixth or seventh of the

01:28:39 --> 01:28:42

sacred six Hadith collections, which is a very kind of popular

01:28:42 --> 01:28:46

way of seeing this six sound Hadith collections but in fact

01:28:46 --> 01:28:50

their sound Hadith and collections that most of us will probably

01:28:50 --> 01:28:53

never have heard of. Another reason why you can't be a

01:28:53 --> 01:28:57

fundamentalist in Islam is that these Hadith are so numerous and

01:28:57 --> 01:28:58

spread very widely.

01:29:00 --> 01:29:03

Are these people who don't in the Arabic who are telling you what

01:29:03 --> 01:29:07

Islam is yelling away on YouTube because of mosques enhanced

01:29:07 --> 01:29:08

translation of Buhari

01:29:09 --> 01:29:12

which version of Bihar is he using didn't know there's different

01:29:12 --> 01:29:13

versions of Buhari

01:29:15 --> 01:29:19

it's a sorry sign of our decadence unfortunately there's plenty of

01:29:19 --> 01:29:23

Hadith that aren't in these Hadith collections Hadith in

01:29:25 --> 01:29:28

one of the she had Hadith in

01:29:30 --> 01:29:35

a Kabir Martin in February top Ronnie, Hadith in the more sunnah

01:29:36 --> 01:29:39

of Abdul Razak, or even ABI Shaybah, dozens and dozens and

01:29:39 --> 01:29:43

hundreds of Hadith collections, which also have Hadith in them

01:29:43 --> 01:29:46

that the jurists will know and will take into consideration of

01:29:46 --> 01:29:50

this scripture, realizing of the sound six as if as long as the

01:29:50 --> 01:29:54

book and six more books is a complete aberration and a kind of

01:29:54 --> 01:29:58

bit of a westernizing of Islam, I think. And all of those ideas are

01:29:58 --> 01:29:59

never going to be translated

01:30:00 --> 01:30:00

Got

01:30:01 --> 01:30:05

a million Hadith in different versions, and I don't think so.

01:30:05 --> 01:30:09

Even though translation doesn't give you access in a juridically

01:30:09 --> 01:30:12

reliable way to the original, you have to use Arabic. So

01:30:14 --> 01:30:15

the water

01:30:17 --> 01:30:20

effectively this is his own compilation. He didn't write it

01:30:20 --> 01:30:27

but it's verdicts of his and Hadith, and sayings and reports of

01:30:27 --> 01:30:31

the believers, particularly the jurists of the city of Medina and

01:30:31 --> 01:30:32

the word water

01:30:33 --> 01:30:34

gives us a clue.

01:30:37 --> 01:30:43

It means the approved what it what it always kind of trample on in

01:30:43 --> 01:30:46

other words, all of the animals are coming to the watering hole

01:30:46 --> 01:30:49

and leveling the ground. And this is something that everybody has

01:30:49 --> 01:30:54

been to and except so he says, I showed my book to 70 jurists of

01:30:54 --> 01:30:59

Medina and Kula home, water on the LA they all agreed with me on it.

01:30:59 --> 01:31:01

So I call it and what

01:31:03 --> 01:31:06

I mentioned Epinal merger, Sean, one of his teachers who also had a

01:31:06 --> 01:31:11

matar, which was slightly earlier. Malik has a disciple Ibn Webb who

01:31:11 --> 01:31:14

also has on water so he wasn't the only person to write a book called

01:31:14 --> 01:31:14

on water.

01:31:16 --> 01:31:21

Water is a collection of material in the category called more sun

01:31:21 --> 01:31:21

nuff

01:31:22 --> 01:31:27

which means that it's arranged not by narrator, but by subject, which

01:31:27 --> 01:31:32

is useful Hadith collections that must not have been handled,

01:31:33 --> 01:31:34

narrated just by

01:31:35 --> 01:31:36

the,

01:31:37 --> 01:31:39

the narrator of the Hadith.

01:31:40 --> 01:31:45

The sahabi, or the ones that you get the Hadith from are rather

01:31:45 --> 01:31:49

technical and difficult to use. But this is narrated by arranged

01:31:49 --> 01:31:49

by subject.

01:31:51 --> 01:31:55

Again, those who think that you can know what Islam is just by

01:31:55 --> 01:31:59

pulling off the shelf translations, or even single

01:31:59 --> 01:32:03

editions should be aware of the fact that the Mater is not just

01:32:03 --> 01:32:07

there in a single version, but there's maybe 75 different

01:32:07 --> 01:32:11

versions of the water of Malik. Again, this is our culture of

01:32:11 --> 01:32:14

ambiguity idea. But it hard sometimes for the modern mind.

01:32:14 --> 01:32:15

I've read this in the water.

01:32:17 --> 01:32:22

Okay, which more top? Did you look at the manuscripts? Do you know

01:32:22 --> 01:32:26

there's differences even about that particular Mater, etc. We

01:32:26 --> 01:32:30

tend not to go there because we're just too lazy. And almost all of

01:32:30 --> 01:32:34

these are actually Malik's own recensions. He produces different

01:32:34 --> 01:32:37

versions of his collection, which is not kind of like a monograph

01:32:37 --> 01:32:40

nowadays is perfect. I'm going to send it to the University Press,

01:32:40 --> 01:32:46

but rather, his systematic notes is anthology of legal and

01:32:46 --> 01:32:49

doctrinal material that evolves over time. And the best known of

01:32:49 --> 01:32:52

these is the ascension the version of somebody called yeah, here,

01:32:52 --> 01:32:54

then yeah, here a lacy,

01:32:55 --> 01:32:57

who is a Spaniard is from Cordoba.

01:32:58 --> 01:33:03

And it's perhaps the most widely used recension, partly because he

01:33:03 --> 01:33:06

was one of the last of Malik students so he gets this text when

01:33:06 --> 01:33:07

it's an evolved.

01:33:10 --> 01:33:13

form, and Malik really respected

01:33:14 --> 01:33:17

Jacobian he actually called him an archeologist and the last the

01:33:17 --> 01:33:20

intelligent man of Andalusia.

01:33:22 --> 01:33:25

So, as well as there being different mortals,

01:33:26 --> 01:33:31

there are lots of commentaries, a lot of countries on the water a

01:33:31 --> 01:33:34

lot of the Indian scholars produced scholars on water for

01:33:34 --> 01:33:37

various reasons, the Indians have always loved the book.

01:33:38 --> 01:33:41

Perhaps the most famous commentary is that of imminence or Kearney,

01:33:41 --> 01:33:45

which is in four volumes, but there are plenty of others. And

01:33:45 --> 01:33:48

you really need to go into the commentaries in order to see the

01:33:48 --> 01:33:52

complexity of the interpreters task, their commentaries, because

01:33:52 --> 01:33:54

the texts are complicated.

01:33:57 --> 01:34:02

So what is in it? Well, it contains sound Hadith, it contains

01:34:02 --> 01:34:06

sayings of the companions, fatwas of the companions, and of the

01:34:06 --> 01:34:12

tablet, I mean, and also Malik's view, considered scrupulous

01:34:12 --> 01:34:14

opinion writing on certain issues.

01:34:18 --> 01:34:21

This famous isnaad, which we mentioned, Malik

01:34:23 --> 01:34:27

are nerfed and even Omar on the Rasulullah sallallahu alayhi wa

01:34:27 --> 01:34:32

sallam is there in the Matahari call it the most reliable of all

01:34:32 --> 01:34:34

of the chains. There's 80

01:34:35 --> 01:34:37

of these in the more top

01:34:45 --> 01:34:45

and

01:34:48 --> 01:34:51

scholars have debated and continues to debate on the degree

01:34:51 --> 01:34:55

of soundness of all of the Hadith in the water.

01:34:56 --> 01:34:59

So there's 222 is Nan

01:35:00 --> 01:35:05

or Hadith was snared in the Yemen. Yakir ascension of the moor,

01:35:06 --> 01:35:10

which don't name the companion, it's a hadith but it kind of skips

01:35:10 --> 01:35:13

a generation. This is what's called the morsel. There's a lot

01:35:13 --> 01:35:18

of them in the MATA and in other early Maliki texts and texts in

01:35:18 --> 01:35:22

general. Dr. Omar in his book Malika Medina explains this and

01:35:22 --> 01:35:28

explains why, in some cases are more subtle Hadith Hadith admits

01:35:28 --> 01:35:32

the name of the sahabi is regarded as having more evidentiary weight

01:35:33 --> 01:35:33

than

01:35:34 --> 01:35:39

a hadith which is Hadith in our head sounds narrated in a single

01:35:39 --> 01:35:43

line. And there's complex reasons for that. It's certainly not an

01:35:43 --> 01:35:44

example of his

01:35:45 --> 01:35:47

carelessness.

01:35:49 --> 01:35:53

Even Abdullah, but perhaps the greatest mind who has applied

01:35:53 --> 01:35:57

himself to the mortar at nominal bar is

01:35:59 --> 01:36:03

two or three centuries later, he's from Cordoba, but travels

01:36:03 --> 01:36:08

extensively and becomes the chief body of Lisbon, and Osborn, which

01:36:08 --> 01:36:10

of course, was Muslim city at the time,

01:36:11 --> 01:36:15

and writes this amazing thing called kitab. A Tim heed.

01:36:17 --> 01:36:21

One of the monuments of medieval scholarship Kitab it Tim heed the

01:36:21 --> 01:36:24

Murphy and water image on the annual ehsani, which is a big

01:36:24 --> 01:36:30

multi volume. Text, which is basically a study of the isn't

01:36:30 --> 01:36:35

adds many of the innards of the water and establishing them and

01:36:35 --> 01:36:36

analyzing them.

01:36:38 --> 01:36:42

And his conclusion, which is generally followed in the later

01:36:42 --> 01:36:46

months, which is that there are only four Hadith in the Mata,

01:36:46 --> 01:36:50

which can be considered to be non sati.

01:36:53 --> 01:36:57

I've got a list of them here, but perhaps time is pressing. The

01:36:58 --> 01:37:01

other book which preserves Malik's

01:37:03 --> 01:37:04

is called N word a winner

01:37:06 --> 01:37:09

sometimes cause more than one that's known. This is not compiled

01:37:09 --> 01:37:14

by malloc himself. And it's much bigger. What it contains basically

01:37:14 --> 01:37:19

is Malik's legal views that were collected during his lifetime. And

01:37:19 --> 01:37:24

also fatwas, which were Anna logically deduced from his fatwas.

01:37:25 --> 01:37:30

So it's a text of the early Maliki madhhab, really, rather than Manix

01:37:30 --> 01:37:35

own book. Again, the problem with this is that, although it contains

01:37:36 --> 01:37:39

it's one of the most important sources we have the social and

01:37:39 --> 01:37:40

legal life of early Islam,

01:37:42 --> 01:37:46

there isn't really a good edition of it. There's an old one, which

01:37:46 --> 01:37:49

everybody used to use a recall, it was on sale on kind of

01:37:50 --> 01:37:52

tobacconist shops in Cairo.

01:37:54 --> 01:37:57

But it was based on a Moroccan manuscript, which now nobody can

01:37:57 --> 01:38:02

find. And there's also one that came out about 15 years ago in Abu

01:38:02 --> 01:38:05

Dhabi, because the Emirates is still technically a Maliki

01:38:06 --> 01:38:06

country.

01:38:07 --> 01:38:10

But that is also quite problematic because it doesn't really explain

01:38:10 --> 01:38:14

which manuscripts it's used. So we don't have a stable text for this.

01:38:14 --> 01:38:18

Unfortunately, it's been worked on by somebody called Mick lush

01:38:18 --> 01:38:23

morani, who is one of the great historians of early Islamic law,

01:38:23 --> 01:38:27

and particularly of the Maliki madhhab, who's spent much of his

01:38:27 --> 01:38:32

life in the libraries of Cairo one, which is this great city,

01:38:32 --> 01:38:38

inland city of Tunisia, which has some very, very ancient Maliki

01:38:38 --> 01:38:42

texts, including versions of the Madonna, but also other early

01:38:43 --> 01:38:47

Maliki texts and we're stuck Raja, the otter the year, the malware

01:38:47 --> 01:38:52

Zia, of Ibn Mo was a while they have as long as the model as well

01:38:52 --> 01:38:56

as the Madonna, these other compendium of Maliki law. And

01:38:56 --> 01:38:58

here's some some very ancient fragments of those which

01:38:58 --> 01:39:03

apparently don't exist anywhere else. So the main channel for

01:39:03 --> 01:39:07

modern winner is somebody called Epital Qasim, who was one of Malik

01:39:07 --> 01:39:12

style pupils who spent 20 years keeping his clothes company, again

01:39:12 --> 01:39:16

a very austere figure of interest solely Sufis as well he read the

01:39:16 --> 01:39:20

entire Quran every day. And

01:39:21 --> 01:39:25

another figure associated with it is somebody called ash hab, who is

01:39:25 --> 01:39:30

the Chief coffee of Egypt. And then samnaun ibn Saeed who's

01:39:30 --> 01:39:35

buried in in either one. It's quite a big Mazhar. Who is the

01:39:35 --> 01:39:37

chief Gaudi of pirate one

01:39:38 --> 01:39:44

who studied in Medina under some of Malik's pupils

01:39:48 --> 01:39:51

Yeah, another leadership example. So he's always

01:39:53 --> 01:39:57

felt that he was not competent to be a judge. This is understandable

01:39:58 --> 01:39:59

at the age of 74

01:40:00 --> 01:40:05

As the governor of rapier North Africa, presses him, we really

01:40:05 --> 01:40:08

need a good judge, you're the man for the job. This is your

01:40:08 --> 01:40:13

responsibility. As he says, I agree on condition that I have the

01:40:13 --> 01:40:17

right to prosecute members of your family. If you've done anything

01:40:17 --> 01:40:20

wrong, that's the that's the deal has to go in the contract.

01:40:21 --> 01:40:27

So he was always very courteous in his court, but he never allowed

01:40:28 --> 01:40:33

official representatives, any kind of concessions. So if the ruler or

01:40:33 --> 01:40:36

somebody from the government wanted to be represented in the

01:40:36 --> 01:40:38

court, they would have to come themselves, they couldn't just

01:40:38 --> 01:40:40

send an official or a proxy.

01:40:42 --> 01:40:45

We're told that when it comes satin on died, that Amir's family

01:40:45 --> 01:40:49

also crossed with him that they refuse to attend his Jenessa.

01:40:51 --> 01:40:55

He always refused to accept a salary from the state. He was a

01:40:55 --> 01:41:00

judge, but for free, and a great backer. So famously, he was a big

01:41:00 --> 01:41:04

test via prayer prayer beads on his neck while he was he was

01:41:04 --> 01:41:04

judging.

01:41:06 --> 01:41:11

So he is one of the contributing thinkers of the modern wanna

01:41:13 --> 01:41:18

works with Immanuel Qasim. But our understanding of the text is that

01:41:18 --> 01:41:21

essentially, it's there to deal with difficult technical

01:41:21 --> 01:41:25

questions, which are really not covered in mallex. More.

01:41:26 --> 01:41:30

And on those issues, it can be amazingly detailed.

01:41:31 --> 01:41:34

But on other issues, that seems to be quite short. So some scholars

01:41:34 --> 01:41:37

have wondered why that should be it doesn't seem consistent. The

01:41:37 --> 01:41:40

reason why it tends to be short on some issues is generally that

01:41:40 --> 01:41:42

those issues which have been covered in some other text in the

01:41:42 --> 01:41:44

mouth have been particularly in the water.

01:41:45 --> 01:41:51

So we should draw this to a close, we can see that even though I've

01:41:51 --> 01:41:55

just been talking about a lawyer jurisprudence, we see in our

01:41:55 --> 01:41:58

civilization, this is really where the essence of life is. This is

01:41:58 --> 01:42:03

where the divine through morality intersects with the grittiness of

01:42:03 --> 01:42:06

people's lives, and the function of the jurist is conscientiously

01:42:06 --> 01:42:10

and in an egoless way, to create a path for people to engage

01:42:10 --> 01:42:15

positively with a gift of life, and God's creation, but at the

01:42:15 --> 01:42:20

same time to see everything as sacred. So this is religious law,

01:42:20 --> 01:42:26

but it's sacred law. But it isn't really Islamic law in the sense

01:42:26 --> 01:42:28

that a lot of modern modern Muslims understand it, or the

01:42:28 --> 01:42:31

journalists understand it, it is a legal tradition.

01:42:32 --> 01:42:35

And the Maliki are sold particularly that the respect and

01:42:35 --> 01:42:40

the veneration for the people of Medina, represents a Maliki way of

01:42:40 --> 01:42:44

doing business with the revelation. But the Iraqi way is

01:42:44 --> 01:42:46

quite different to that becomes the Hanafi madhhab, which

01:42:46 --> 01:42:50

interacts with a mannequin that is different. The chef a way is

01:42:50 --> 01:42:53

different, the humbly way tends to accept certain categories of

01:42:54 --> 01:42:57

Hadith at face value, that the Malik is and the Hanafis won't

01:42:57 --> 01:43:01

accept these different methods. And that also reminds us of the

01:43:01 --> 01:43:06

point that I started off with, which is this very striking pleura

01:43:06 --> 01:43:12

vocality, of classical Islam, that they had this reactive enough that

01:43:12 --> 01:43:17

they preserved differences. And even though the followers of the

01:43:17 --> 01:43:20

math hubs, human beings, nature, human nature being what it is,

01:43:20 --> 01:43:23

sometimes there were acerbic relations between them,

01:43:23 --> 01:43:29

nonetheless, Sunni Islam becomes this family of opinions and

01:43:29 --> 01:43:32

methodologies, not just in the furore the actual rulings of the

01:43:32 --> 01:43:37

law. But in the whole method, the legal philosophy, the theology, of

01:43:37 --> 01:43:41

how you engage with the text is quite different, as well. So

01:43:41 --> 01:43:45

that's the point that I think we have to end with that we have in

01:43:45 --> 01:43:49

our civilization, heroes and leaders, like Imam Malik, who

01:43:49 --> 01:43:53

managed to combine an absolute refusal of any kind of compromise

01:43:53 --> 01:43:59

in matters related to God's religion with the equal certainty

01:43:59 --> 01:44:02

that God's religion has to be multiple and has to have respect

01:44:02 --> 01:44:08

for different views, different interpretations, FTF, he had to

01:44:08 --> 01:44:11

arrowed all of these things that become really what it is, at least

01:44:11 --> 01:44:16

until the 19th century to be a Muslim of the Atlas underworld. So

01:44:16 --> 01:44:18

I could talk about Imam Malik all day, we've just scratched the

01:44:18 --> 01:44:22

surface and much of the greatness of his soul is to be found in the

01:44:22 --> 01:44:27

actual details of his his rulings. But in sha Allah this is at least

01:44:27 --> 01:44:30

incentivized us to learn more about him Rahmatullahi Allah He

01:44:31 --> 01:44:33

was aleikum wa rahmatullah.

01:44:34 --> 01:44:38

Cambridge Muslim College, training the next generation of Muslim

01:44:38 --> 01:44:39

thinkers

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