Abdur Rahman ibn Yusuf Mangera – The Difference between a Mufti, Judge and Arbitrator

Abdur Rahman ibn Yusuf Mangera
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The speaker discusses their experiences with divorce and a husband-wife conflict, including their roles as Mu Mister, wife, and arbitrator. They emphasize the importance of not forgetting to answer questions and not just remembering information. The role of an arbitrator in a situation where a favorite dish is considered a favorite is discussed, emphasizing the importance of not forgetting to answer questions and not just remembering information. The arbitrator has to assess the situation and use both sides of the story to determine the truth.

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			I just want to clarify one thing.
I've had this experience twice
		
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			now, I received the question from
somewhere.
		
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			Generally generally related to a
divorce issue
		
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			or a husband wife conflict. So I
got this well worded written out.
		
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			Question a fatwa is ticked up
asking for a fatwa. So I look at
		
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			it, and I respond based on exactly
what's mentioned in there. And
		
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			this is essentially the task of
the Mufti to do this.
		
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			Then after that, two occasions,
I've then had after a few weeks,
		
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			or whatever it is, or sometimes
after a few months, one, in one
		
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			case, it was after a few weeks. In
one case, after a few months, I'll
		
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			get another correspondence from
someone else, from somebody else,
		
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			saying that you've given a wrong
photo, your foot you have in one
		
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			case, it was your footwork
conflicts with the fatwa of
		
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			another Mufti in another town in
England. I have a lot of respect
		
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			for that Mufti. So I said, what
happened? Which fatwa did I give
		
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			him? What was the issue? I tried
to avoid localized issues, where I
		
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			just tell people look, ask the
local mufti, there is no see what
		
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			sometimes what people do is they
ask them off the somewhere else
		
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			who doesn't understand the whole
significance of that context. They
		
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			get a yes patois from him. And
then they wave it around to all
		
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			the other people in that area.
Whereas the Mufti is in that area
		
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			know the situation better. And
they would say it's wrong. In that
		
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			case, I try to avoid those kinds
of situations anyway. So this
		
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			wasn't one of those kinds of
cases, I was quite perturbed. I
		
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			said, what happened? And then I
discovered that what it was, is
		
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			that he's saying that you did not
listen to the whole story. And you
		
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			acted based on one side. So then,
this was the first case. In the
		
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			second case, again, it was a wife
asking me certain questions. I
		
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			responded, based on what she asked
me no more than that. And then her
		
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			husband calls me several months
afterwards saying, I'm really
		
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			upset. I read my wife's email. I
read your response to her. And
		
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			there were a lot of inaccuracies
in it says whether inaccuracies in
		
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			my response or the inaccuracies in
what she said. He said, obviously,
		
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			in what she said. So then I tried
to explain to him, I said, Look,
		
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			first and foremost, don't worry
about it. Because I don't even
		
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			remember much of these details. We
answer so many questions. We
		
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			don't, we can't remember. We
shouldn't want to remember all of
		
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			these details, and walk around
knowing so much about other
		
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			people. It's not right, right.
It's not healthy as well. So first
		
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			and foremost, you don't have to
worry about that. Number two, let
		
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			me explain something. And this is
the main point of bringing this up
		
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			today. There are three different
hats a person can wear. There are
		
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			three different capacities that a
person can act in. Because there
		
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			are three roles we're talking
about. One is the role of a Mufti.
		
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			Number two is the role of a
official of the an official judge,
		
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			set up by the government, by the
ruling faction, whatever it may
		
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			be, right, that's the party. And
number three is the arbitrary. The
		
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			arbitrator, the one who's been set
up as a judge in an unofficial
		
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			manner between two parties that
I've said, Okay, we'll listen to
		
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			what you say. So now you've got
three positions, arbitrator called
		
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			the judge and number three is a
Mufti
		
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			and one has to understand each one
of these, the coffee is the most
		
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			powerful position, the coffee is
set up by the government. He has
		
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			the law at his hands, whatever he
says the decree that he gives can
		
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			be imposed, they can use force to
impose it that is legislative, it
		
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			is something is not just an
opinion, it is the law. When a cow
		
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			he says something, he consults a
Mufti. The Mufti is the
		
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			knowledgeable scholar about the
fic and jurisprudence about
		
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			something, they give an opinion
they could have 10 Both these as
		
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			his consultants, and he will take
based on what he thinks from these
		
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			different movies. Now, in this
case, in this country, we don't
		
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			have any of these as such,
generally speaking, we generally
		
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			have the arbitrators, arbitrators.
And so now we're going to deal
		
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			with arbitrator, arbitrator and
coffee very similar except that
		
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			the coffee is official, arbitrator
is not official. That's the only
		
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			difference prior main difference.
We're going to understand the
		
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			difference between an arbitrator
		
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			and a Mufti. If I get a question
from somebody, my job as a Mufti
		
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			is only to respond to what I'm
being asked about. No more than
		
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			that. It's not my job to then go
and investigate, hire an
		
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			investigator do snooping myself,
and to kind of figure out what the
		
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			reality is and whether it's real
or not, or this, that and other.
		
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			That's not my job as a Mufti
Murthy just responds to the
		
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			question please to him. That's
what I'm doing. arbitrator on the
		
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			other hand, if he hears one side
of the story, and he makes a
		
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			judgment, you will be completely
wrong to do this. Because his
		
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			judgment tends to be binding and
you can't
		
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			Have a binding judgment when you
don't know the full story. So the
		
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			arbitrator has to ask both sides,
speak and consult with both sides
		
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			and really assess the matter and
then try to ascertain the truth
		
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			that both these job is different.
Yes, if a Mufti wants to then act
		
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			as an arbitrator and get involved
in a marriage issue or a
		
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			situation, it's a different story
whatsoever, but when you get a
		
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			straightforward questionnaire from
one person, as an estimator, our
		
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			job is only to respond to that.
And if you look in the books of
		
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			fatawa Kitab Nica, you know, all
of these photo books Kitab Nica,
		
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			this is what you'll see, there's a
question that's asked, and the
		
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			response given based on that
question. And a lot of the time,
		
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			the question could be, not 100%
accurate. But that's why it's the
		
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			responsibility of the other side
that if somebody shows you a
		
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			fatwa, you look at the question
that was asked.
		
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			That's very important, but it is
not the job of Mufti to go and
		
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			investigate to find out both sides
of the story and then give his
		
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			response because he is not an
arbitrator. Yes, if somebody asks
		
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			a Mufti to arbitrate, and the
mostly agrees to arbitrate, then
		
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			he can ask both questions. So then
he's going to be wearing the hat
		
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			of an arbitrator them and not just
not just the hat of a mufti, but
		
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			when he's wearing the hat of just
the Mufti, then he's only going to
		
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			respond based on what's asked of
him. So just try to understand
		
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			that this will help cases
inshallah you won't have to deal
		
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			with such cases. But I'm just
mentioning this because it's it's
		
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			a common kind of misunderstanding
that why did he ask the other side
		
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			of the story?