Hudood (Penal Laws)
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Channel: Bilal Philips
File Size: 20.85MB
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AI Generated Summary ©
The speakers emphasize the negative impacts of the law on people's satisfaction and safety, as well as the importance of faith in Islam's ability to hold on to something and avoid temptation. They stress the need for people to be accepting Islam and not temptation, as well as the importance of faith in one's ability to hold on to something and not hesitate to avoid graduation. The pandemic has also had a negative impact on working capital and credit prospects for businesses, but everyone is working together to alleviate the negative impact on credit scores.AI Generated Transcript ©
philatelists salaam out Assouline, Karim, Allah Allah He was tough the woman is sending me similar to Medina.
All praise is due to a law and May Allah Peace and blessings we always love prophet muhammad sallallahu alayhi wa sallam, and and all those who follow the path of righteousness until the last day.
The topic of today's
court the sermon
concerns, what is known in Arabic as the law, or the sixth punishment, which are law has set for certain crimes.
And these punishments have a particular significance to our
and to Islamic Society, the individuals as well as the community in the society as a whole,
which
cannot be underestimated.
The enemies of Islam
or those who are ignorant
of the purpose, or the purposes behind Islamic
laws concerning
criminal justice.
I've taken this
as one of the weak points of Islam
that Muslims
apply laws which are from medieval times.
from ancient
times when people were barbaric,
when they treated those who committed crimes very poorly.
So they chop off heads,
later chop off and
stolen people to death. These are all looked at as being barbaric forms of punishment.
However,
when we look
at the effect of these punishments
on the society,
the peace and the tranquility, which comes out of the implementation of these laws,
we would then
have to question seriously the objections that are raised by those, either enemies of Islam, or those ignorant of Islamic law and its principles.
I would like to just briefly look at
the main set punishments
and discuss or present briefly the effect on society of the application of these particular punishments.
The first,
the punishment for murder.
We have the statement by a lot of data that those who
killed kill
the life, those who take a knife, their knives will be taken
the law concerning murder.
But a person who kills is killed.
This law has its basis
in what is known as the Mosaic law,
the 10 commandments,
the law of the Torah.
And of course, this is not necessarily where it all began, when this is the codified form, which has been retained in Scripture that we know about.
But the idea, the eye for the eye, the tooth for the tooth. This is a basic law, which has been practiced by the prophets from the recorded time of Prophet Moses. And this is enshrined also in the system of Islamic law, the taking of a life when a life is taken,
the importance of
is that if a person does not feel that his life
will be taken, if he takes a life.
This becomes an open encouragement for that individual
to create a life at any instant,
if he knows that his life may be taken, this will cause him to think it doesn't mean that
no one will commit any murders once they know lives will be taken. However, many of those
who may have committed murders, if they thought that they could get away with it or their life wouldn't be taken many of those who would have done that would think about it. There are some crimes that are what you call crimes of passion, where a person just, you know, flies off the handle, you know, it just goes, as Western psychologists, you know, call it temporarily insane, and he takes somebody's life. So, those type of crimes will continue
in any society, no matter what laws are set up.
However, for a large portion, it would cause them to think, of course,
Western
psychologists, etc, who have studied the issue of of application of the death penalty, have recommended that the death penalty not be applied in the West, because of the fact that it has not significantly reduced
murder, the incidence of murder in the society. This is the argument that they they hope.
And in a Western context, this may be so
this may very well be so why, because
people are not executed publicly.
Because when they want to execute somebody, they take them into a prison, behind closed doors, only a few people observed and that person is executed, is just reported in the newspaper, it's a statistic, something just, you know, written there. So it doesn't have very much meaning. You know, just like, when you hear so many people starving in this country, and so many people dying in that country, it is just numbers written, it's not the same as if you go and you see these people starving, the effect that it has on you, is much greater than just reading it as a statistic.
Similarly, when the law is applied publicly, when the masses of people in are encouraged to come and see the line application, this has a much greater effect on the population than when it is done privately.
But when you look back in the past, even in America,
and Europe, in France, and in England, etc, people used to be publicly executed.
They used to be, you know, if you any of you seen the the Wild West movies, you know, when that individual is finally caught the bad guy, you know, you see them erecting this gallows in the middle of the town in the middle on the main streets, and they they hang the person. This is a this was the Brexit. I mean, and it just continued up until fairly recently.
What we find
here, for example, where this law is applied,
and you have approximately 8 million people here, in Saudi Arabia, 8 million people. And in New York City, you also have a million people.
However, the murder rate
here
is equivalent, approximately, to the number of murders in a year, which takes place here in Saudi Arabia in a year is equivalent approximately to the number of murders mistake place in New York City in one week, or one to two weeks.
This is a difference.
robbing a similar numbers of people. But with the application of the law, directly the execution public execution, then you'll find the incidence of murder is significantly less.
The application of this law also can discourage people from committing the crime people who, you know, may be doing such crimes out of vindictiveness for example.
For example, last weekend, you know, last Friday for Filipinos lost their heads. In Neeraj here, right. And in case you're not aware of the reason why their heads were chopped off, it was because they were originally fight. One amongst them had accepted Islam.
And he had been going to pray in the mosque and so on. So the other four were so upset about the fact that he accepted Islam, that one day when he came back from prayer, they held him down and sodomized him. And after sodomizing him in Oh, he was so upset. He was trying to get back at them fight them. Then they stabbed him to death.
So the four of them did.
No, this is just out of their hatred and vindictiveness, because of the fact that this man accepted Islam, they couldn't let him go, they felt they had to, to degrade him and punish him for accepting Islam. And they ended up killing him. So all four of them who took part in this crime were executed.
weekend.
So this, the knowledge of this, you know, would help
those people, you know, who are upset about the people becoming Muslims or have them think twice, before they would try to get any kind of revenge or do anything against Muslims is essential. The society, you know, take care of such cases and ensure the safety of those people who are accepting Islam.
Also, we have the law concerning fornication and adultery. We know in the case of fornication, where a person has extramarital sex, when that person is not in a state of marriage, or not having ever been in a state of marriage,
the punishment for that act is 100 lashes publicly, if a person has sex outside of marriage,
being married, or having ever been married,
then the punishment is this stoning to death.
This is Islamic law.
And this is to show how high Islam values chastity in the society,
people maintain their justice.
And this is for the protection ultimately, of females and children. Because the children that are born out of you know, non marital circumstances, will become stigmatized by the society, people who don't know who their parents are, etc, etc. I mean, this is, is a psychologically devastating for such children.
And as I said, the person who suffers the most when
such relationships takes place tends to be the women, because the men who is involved in such relationships can carry on and nobody knows that he has done so when the woman when she does so, you know, she's no longer virgin for one or she may become pregnant. And these expose the reality of her situation, you know, so she is the one who suffers
herself, specifically and the children most
of this law is they're very stringent, however,
though this law is so severe.
And I made a distinction between the person who has never been married.
And the one who has been married or is in a state of mind, because sometimes people weren't understanding what adultery and fornication is in Islamic law. They think that adultery is only when a person has extramarital sexual relations, when they are in a state of marriage. However, according to Islamic law, if they have ever been married, it is still considered adultery. Because the act of marriage for them having been into the act of marriage, this provides them with a certain consciousness, and a certain protection from adultery, or fornication or, or relationships outside of marriage, which the person who has never been married, doesn't have.
So this is why the law is much more severe for the one who has ever been married, and the one who is married than the one who has never been married. Now, despite the fact that the law is so severe.
In all of the cases of executions in a year,
you will be hard pressed to find one or two for being executed for adultery or adultery.
And those that are not for fornication. There are few.
Why? Because there is a condition that four witnesses must observe this act.
It means that a person has to be so flagrant,
you know, so
uncaring in terms of anybody finding out that they've done it in such a public place or in such a public circumstance, that four witnesses could observe them.
So the law is rarely in the case of adultery.
It is rarely on the books
As you could say, scare tactics
to cause people to think twice.
It is not applied. Just like that across the board. If a woman, of course, the one who tends to be found out is the woman, the woman who does go and get pregnant, then she is open now to execution because there's evidence, this is practical evidence, and she will be executed. But if she points to the medicine where he did it, that's not enough evidence
to apply the law to that man
unless he confesses himself.
So as I said, the woman is the one who suffers the most, you know, but the law is there primarily as a set as a deterrent to general deterrence. And it is rarely applied even down to Islamic history, the number of cases of the application of the law for industry, death, by stoning, are very few,
very few.
Also, the law concerning
homosexuality,
it is that,
for the one who is involved in the app, both sides, one was doing this as though as well as the one that is, is being dumped.
such individuals who are caught in this app, they're also executed according to Islamic law.
And this, of course, this sin is, is a major sin. From an Islamic point of view, it has nothing to do with whether you're married, or you will not be married or whatever, it's just automatic, if you're caught in this Act, or if you're caught in the act of Vclt, having relationships with animals, also, you will be executed any of these forms of deviation, the law in Islam is that you know, you are carrying with you a sickness
that you as an individual, have to be weeded out from the society,
you will not be given a second chance. You know, in America where people commit such crimes, they're given second chances, you go to jail for a year or, you know, you're on probation. And then these people end up committing these crimes, again, and again and again. So many cases of individuals being jailed and coming back out and committing, you know, very heinous crimes.
So in Islam, this is one chance, that's if you're caught one time, that's it.
And one thing to note, and the application of the law concerning murder, is that there is a concession for a person who is who is ruled in favor.
I mean, there is compassion there and Islamic law. If a person is ruled insane, then the law is not applied. However, the ruling for insanity is not as it is applied, for example, in the web, where you have a battery of psychology, they'll be testing this person back and forth. And you know, and then they finally end up with a ruling of temporary insanity. And there are conditions for what defines a person as being insane. If you were to apply that to the population, you'd have to say that the vast majority of people walking around are insane, in one way or another, the psychologically imbalanced, etc, etc. Know in the Islamic law legal system, it first is judged
insane, if they were known to be insane before the act.
If they were known to be a person, I mean, that we know who people are truly insane. We know they're such people, you know, who have no grasp of reality. I mean, they've their minds are gone before such an act, if they commit an act of murder, then they are not executed, they're put away in an institution or whatever.
And I should also add, that there is also a a factor of wearing the family of those if an individual is my father, for example, were killed,
I have the right
to take
from the person who committed the murder a fine
call the DIA, they may pay me a fine instead
of that person being executed.
However, it is rare that you will find people accepting it, but that option is also there.
that a person may take you know looking into the circumstance or whatever, you know, that person may judge that the instance you know, there may have been some sort of justifiable or semi justifiable factors. You know, a person may accept
a
Less payments or what they call blood money or you know, dia, for a murder.
In the case of the
person who takes out weapons, who, who steal. But he said he does do two armed robberies the highway robbery, or is it you know, he robbed the bank with using weapons. Such a person then is liable to a punishment of death
is classified under what is called muhaddith. One who takes out weapons against the society, and he may be executed the legal system as a choice of executing that person,
or cutting off his right hand and his left leg
or
crucifying him or banishing him from the left
is an option, depending on the seriousness of the crime, the judge may choose one of the different options. Normally for stealing. If a person feels
above a certain amount, then the hand is amputated at the risk.
If
the person did so, in a fashion, which indicates that that person is a professional criminal, what do I mean by that? I mean that if one,
you left your watch an expensive Rolex watch, you know, on the table, and you went someplace and somebody picked it up and went with it, they're not going to cut the person's hand off for that. Because there was temptation. Another the first a person may not normally be a professional criminal who's plotting and planning. But due to the incident that he found himself in, there was this temptation, and he grabbed the watch is and will not be cut off in the circumstance. If also
a person, you know, say you're working for a company, and I'm not saying this to encourage thievery. But if you're working for a company, and your boss is not paying you your salary, and you stole from your boss, they would not put your hand off here either. Right? Because there is some justification here, your rights were not being given. So they would not apply the law in the circumstance, or in a time of famine or a time of calamity, you know, where people are in a state of desperation, they may, you know, break into a home here or there to get food or whatever, it's for their own survival, they will not apply the law to such people. The law is then applied to those people like
pickpockets, the person because there's no temptation here, this is a man who has learned a skill, you know, working his hand into your pocket, you know, bouncing against you, without you realizing it, you pull your wallet and he's gone. This is a professional thief was planned and practice. You see, he loses his head, for the person who you know, breaks into your home, you know, opens your face, you know, and takes your your money out, you know, such a person one who is that plan kind of a rubber, you know, that's the one who loses his hand.
Also included in the category of what we said was the muhaddith. One who has attacked the society as a whole is the drug dealer.
There has been in recent times included because of the harms that comes from drugs, such individuals who sell drugs, very personally drug user, drug user here is not executed, but one who has a quantity of drugs, which indicate that he is a dealer is one who is spreading, selling these drugs, such a person will lose their life.
And I'm sure almost every other weekend or so, we see you know certain individuals coming in from certain countries which are well known for the production of opium etc, you know, are being executed for this practice.
The end result of this
is that a person here in this society is capable of living a life of relative safety and peace of mind.
A person is not obliged as he is in other countries, to latch doors, put double latches, put alarms around the windows and all these different kinds of things that we we find in other countries where the crime rate is extremely high, you know, a person can, you know, live a relatively comfortable and safe life here. And what it does also is it produces in the society, this application, you know, a desire on the part of the people to try to to stop crime where it is
may occur, you know, if we they see people starting to fight, you know, in other societies, people may gather around and start to collapse, you know, an exit person on, you know, the big one, the middle one, they didn't beat the big one or whatever. Whereas in this society here, when people start to fight, you'll find people come try to pull them apart, people are concerned to stop the fighting.
Right people will get involved. Whereas in other societies, you'll find people don't want to get involved, either they're cheering, or they just ignore, you know, so you can see major crimes occurring in in broad daylight that nobody will get involved. For example, not too long ago, I remember seeing a program on
what was it
I there was candid camera or was, that's incredible. But what they did was they,
they had some people break in to a car, you know, in downtown New York City in a major, major cross street, right, the car was parked near the intersection, and there was a man, you know, using crowbar etc, breaking into the car, in broad daylight, middle of the day, people are walking back and forth, they see this man, you know, they give him a glass and they just keep on walking. Nobody. In fact, what they found is, you know, after the you know, after this has gone on for, you know, a number of hours, they actually found a couple of people who went and help the man break in the car.
You know, this was this is this is a situation where I hear for example, if somebody observed anybody doing that, likely they will either try to stop the person directly, or they will call the police or something. And I remember very, you know, very vividly one instance, when I was in when I was downtown, I had gotten out of my car. And
the car actually was my father's Scarlett Bardot. And it had the it was a old model of the Mitsubishi, which had the rearview mirrors on the front fenders were five that had an accident, and they'd fix the side of the car, but they hadn't replaced the rear view. So it was only on one side, you know, and I'd always observed that this looks a bit odd, you know, badly, like there should be two or there should be none. So this incident, when I got out of the car, I was walking by that side where the rearview mirror was. So I decided to check to see how easily could I break this off, and I could just remove it. So I started jiggling with it. Whilst I was you know, shaking it, somebody
came and grabbed my arm. So you know, I turned I saw the Saudis holding onto marva said, What do you want? So he asked me, Well, what are you doing?
I said, what law? You know, What business? Is it of yours is my car. He said, Well prove to me that is your car.
So I took him back, you know, my family was still sitting in the car there was because I was going to get something from the soup. So you know, I said, This is my family here. And they waved at the man. So I said, Okay, fine, sorry.
But here was a man walking by, he just saw what appears to be some acts of vandalism taking place there, and he got involved. But we could call it citizen's arrest. He was prepared to get involved here. You know, and this is the way that society should be this is what helps to keep down crime. Because once you have this attitude where people just don't want to get involved, then it's very easy for, you know, crime to spread.
And the second part of the cookbook, the mom talks about the importance of the application of the law, across the board,
that these laws are particularly effective when they're applied in the full sense.
That is, they should not be applied only to one segment of the society and not to another. It should be right across the board. Anybody who committed these crimes should be liable to punishment of the crime. There should be no one or no group of people who are exempt.
And, of course, we know the very famous
hotties or circumstances champion in the time of the Prophet sanlam, where a woman from the tribe of moku had stolen. You know, this is a powerful tribe there in Medina, she had stolen something.
And the law was that their hand was to be removed. So the heads of the tribe they came to Osama bin Zayed, who was at one point
he was very close to problems. Solomon's father had been the adopted son of the Prophet Mohammed Al Salam in the early period in Mecca, you know, until Allah prohibited adoption right?
He remained very close with the issues of the practice of adoption where a person takes on the family name of the person or adopts them. This is rebutted in Islam, you may pick a child and raise them, like you raise one of your own children, but the child retains its own name, the name of his family, etc, you're not allowed to change that child's name.
So in any case was Tama was approached by these leaders of the tribe to try to talk to the Prophet Muhammad wa sallam because he was so close to him, trying to talk to talk him out of applying the law to this woman.
So when the sama when he agreed to he went and he spoke to the problems of the Prophet Mohammed Salim was very upset,
very, very upset. And he asked him, I mean, do you dare do you have the nerve to come and seek intercession in the application of the laws of Allah
is very upset. And they call the people. And he told them that this is one of the reasons for the disruption of the people
of earlier times, who came before.
Because what they used to do was when
a powerful personally rich person stole, they did not apply the law to them. But when they perform person stole, they applied the full weight of the law.
So this is what's the cause of their destruction. So from this,
we understand that islamically speaking, you know, it's very important in the Muslim society, that the law is applied across the board. Because if it is not, then it leads to corruption in the society, it leads to destruction of the people.
And furthermore, it it breaks down the confidence of the people to break down the confidence in the law,
and lead them to disobey a law to go against the law.
And there's also, you know, verses from the crime but the amount quoted, wherein, you know, Allah mentioned that those who disbelieved from the children of Israel, were cursed by prophet David, because of the fact that they would not prohibit crime, which they themselves did.
You know, very important that people
also apply the law to others and apply it to themselves,
whether they should be committing crimes, and then punishing others for committing those same crimes.
So, in summary,
the hopper
spoke to us about the importance of the application of the Sharia.
And it spoke in particular, in concerning the area of criminals, justice,
that the application of the law,
it protects the society as a whole
protects the safety and security of the individuals that make up the society. It also protects the resources of the society. Because when you consider the number of people who are in jail,
for these types of major crimes, who will spend the rest of their life in jail, what you're finding is that the society has been punished for this man's crime.
He's a murderer, you put him in jail for the rest of his life, you have to you're paying for his lodging, his food, you know,
what did you do?
So the society is forced to pay for these 1000s hundreds of 1000s of people are sitting in jail, who committed crimes against the society, society now must pay for them.
You know, they living in in jails, they, you know, they have television, and they have, you know, some of them have, you know, rights to visit their families, the families will come women will come visit them, all these kind of things. I mean, they're living, as we say, in America, high off the hog, you know, they're living a very comfortable life. In that sense. It's not to say that, that the jails are in all cases comfortable. I mean, there's a lot of you know, viciousness, etc. that goes in there, right. But a person who, when he goes in, he learns the the ins and outs of American live a life in which he is being taken care of for the rest of his, his days. He doesn't have to think
about going out to work, etc, etc. You know, you've lost
Watch, you will commit crimes, so they will be put in jail. So they won't have to, you know, struggle out there in the society.
So the Islamic system, you know, it protects the society from having to pay for the crimes of the criminals, a person commits such a crime swiftly, you know, in a very short space of time that person's executed, you don't have a legal system, where that person now if he's able to buy very expensive lawyers, you know, and they're able to find the loopholes in the law that he can get off, you know, because in America, the top lawyers will make the top money or those who are able to get off the biggest criminals.
Right? I mean, this is this is like the criteria and of being the top lawyer.
Whereas in the Islamic legal system is no such arrangement. What you have instead is a criminal is brought before a judge or a tribunal of judges, the evidence against them is is brought, if the evidence is what we say foolproof, it's 100%, then the law is applied to that individual. I mean, he loses life. If the evidence is 100%. If there is any doubt
as to whether he actually committed the crime or not, they will not apply the law, they will only apply it when it is like 100%. In many of the cases here in Iraq, probably in most of the cases, there is confession.
confession is made by those who actually commit the crime. But there are there are there are other cases where the evidence is so complete, that there leaves no room for doubt.
So what happens is that you don't have a lot of money being wasted in the court cases and the defenses and the retrials and all these different kinds of things with the public ends up having to shoulder the burden off. And the people who have the least money, pay the most in terms of taxes, and, you know, maintaining the society. So by the application of Islamic law, in its Swift, and sure fashion, it protects the society, the wealth of the society, ensuring that it can be now utilized in more constructive and progressive means, because when you think of the millions and millions of dollars spent billions of dollars spent, in maintaining these criminals, and the court costs, and
all these things involved, if you took that money out, you could you know, all those you have over a million people right now in America, the richest country, you know, most powerful country on earth today, you know, at least materially speaking,
where you have one over a million people who are living in the streets, these people could be
driven home, in
America, where free education is not free.
Where you know, your your education is free up to grade 12. But after grade 12 is not free, you have to pay. So it becomes the rights of the rich.
Healthcare is not free. This money was spent on maintaining prisoners could be used to make education free to make health care free in the society, you know, and really fulfill the so called, you know, democratic goals.
Because America, which is, you know, the biggest screamer for democracy. I mean, when you really look into the society, you find that democracy is just a word, which is quoted,
convenient.
But when you look in practice, I mean, what does democracy mean? mean? Well, it means that the majority of the people, the wishes of the majority of the people, you know, are
put into effect. If you ask, you know, the majority of people in America, you know, would you like to have free education to PhD? They will all agree, but it's not there.
If you ask them, would you like to have free health care? They would all agree, but it's not there.
And it's not because America is not economically capable.
There is clear evidence
that democracy is a joke.
It is a joke.
So the application of the law,
the application of the law, which does not allow compromise,
not according to the convenience should not be according to the convenience of the ruler,
or these are the most powerful elements in society.
And this is divine law, not something divided decided upon by men, you know, from time to time, where you can various and change it, you know, like this, like the capital punishment in America where it was banned at one point and now they're bringing it back in, you know, maybe 10 years from now they're stopping again. So it's, you know, it's in a state of flux. You know, it is not something which is
Good and bad, in that society is is relative.
You know what may be good today will be bad tomorrow it was bad today will be good tomorrow, you know, this type of situation, no Islamic Society through Divine Law establishes a solid foundation for morality, which doesn't change with time.
And those laws are applied across the board, except under extreme circumstances I mentioned cases of, of hunger and, you know, starvation etc, etc. And under normal circumstances the law law is applied across the board. And with it, it provides for the society, a state of peace and security, which no man No man does not wish for
something very real. And it's something that I observed myself, firstly, in talking with many of the Americans who came here for Desert Storm, and who found Islam here.
No one went back as Muslim to America.
Many of them who I talked to, you know, mentioned that one of the most
or most pronounced
differences that they found in this society was this state of security, where they could walk downtown, you know, after 12 o'clock at night, and not feel that they have to be looking over, you know, their shoulder, you know, left and right as they walk, you know, in the back alleys or, you know, in the main street, and they could, if they bought a gold chain, you know, they could wear their gold chain, you know, or the gold ring, you know, they they're not to feel afraid, you know, they have to try this or whatever, you know, as they would you know, back home
This was decided very pronounced effect on many of them, which caused them to question why why is it that this exists in the society you know.
So,
these laws, which are law have set
their sets
based on the laws knowledge of human nature,
a law who has complete knowledge of human nature knows what is good for men, and what is not,
he has set these laws for the benefit of the individual, the family and of the society.
And it is the duty of Muslims to establish these laws, wherever they're able to establish themselves, wherever they become the majority ruling majority or whatever, it is their duty to apply these and as well as the other laws, which constitute the shediac the divine revealed law from a lot.
So, that is the summary of today's football.
If there are any comments anybody would like to make or any questions they may now do so.
In terms of the sisters for them, those who wanted to ask questions, we said they could write them on some paper, hopefully, some people brought paper and they could be brought upstairs to the door here and one of the boys will collect it and bring it across to be read. So, first we will look at questions which relates to the application within the back room, which relate to the application of the producer or the divine laws concerning criminal justice.
punishment
for failure.
Do you know the detail of the execution
Okay, the the amount of did mention I forgot to mention the amount mentioned also
concerning one of the laws in Islam concerning the law for endow or apostasy that yesterday, an individual was executed in,
in eastern province province for apostasy
denied
by God, this individual was quoted as that this is what he
made up
Okay, so this individual
was publicly executed, because he cursed God and curse the Prophet. So I sent them and denied that the Quran was revelation from God, but that it was claimed that it was made up by Prophet Mohammed Salah that individual was publicly executed. And this is one of the laws, which,
for a Western Westerner, they look at it as being, you know, particularly offensive, that where is the freedom of speech, they say, you know, you're not free to speak your mind and express your beliefs. If you do so, in a Muslim country, you will lose your life for it.
The point here
to be made, will be explained to such people if they really want to understand
they have to be accepted, they have to be told that
Islam is not a religion, like Christianity.
What I mean is,
it is not a religion, which has been divorced from
the legal system of the society,
it always Christianity
accepted a principle of giving on to Caesars that is to the temporal power, what Caesar wishes
are new to Caesar,
the legal system of the society
a Christianity
accepted a principle of giving onto Caesars that is to the temporal power, what Caesar wishes
are do to Caesar and giving onto God what is due to God, they made a separation between what they call church and state. Whereas in the Islamic system, there is no such separation. The religion is all encompassing the state is Islam.
It is not separate from the religion.
And in the work.
If you
committed acts, which is against the security of the state,
you are judged
to be a tracer
and can also be executed.
Okay. So they have this law also, only they will kill people for material concerns, because you have threatened the well being of our material states we will kill you. But if you threaten the well being of our spiritual states,
doesn't matter. All right, go to them. It's not important, whether you believe in God or you don't believe in God, or you worship Satan or whatever.
do your own thing. But our material society, this is everything that will kill you if you threaten that.
While in Islamic system, there is no separation.
When you curse God,
you're threatening the whole society,
virtually and materially.
So in that case, you become a traitor, and you are executed.
This is what this is the rationale behind because
Islam is like a nation.
It is not just a religion, in the western concept, but it is
the way of life of the nation or whatever threatens that nation. That way of life.
If it reaches a certain level,
I've been classified as
apostasy which is
to be equivalent of a traitor, such a person will lose his life to protect the rest of the society protecting the society help
in the sense that if a person is a weak face,
if such a person is allowed, the other one is allowed to openly expresses this belief, then those that we face are liable to fall in with this.
So when this person is executed, those are weak trades. They will keep their mouth shut.
Those who are hypocrites will be quiet.
This sounds as though we're forcing people
you know to
practice the face Nope. If you don't want to pass
And then we,
you know, we both one of the country's not that
we will be sending, you know, death squads hunting you down to kill you because you decide you don't want to be, you know one of the members of the society anymore No.
But in the midst of a society,
you would be eliminated for the protection of the society as a whole.
But we have for law is compulsory,
people are obliged to make prayer.
There's no compulsion in the religion in the sense that nobody is compelled to enter
it to the point there's no no one is compelled to enter the religion. However, once you enter, if you're serious,
you're taking on a commitment, a full scale commitment.
So once you know, this is why it's very important for us, when we're explaining Islam to people, that we shouldn't take it lightly that you know, just encouraged to say as to how to come on in, you know, don't worry about it, you learn as you go along, let them know what the basic principles are, and let him understand it clearly, and be accepting Islam out of
full conviction.
Not out of convenience,
you know, or emotionally, it should be intellectually out of full conviction knowledge.
Such a person becomes a true follower. No.
However, once a person has entered, then he is obliged to stay
unless he flees to another country, you know, and besides, he wants to give up the practice. Or if he internally, for example, then the company decides he doesn't believe anymore, what he does, he keeps it to himself.
You know, he may have to go through the motions.
But he has this belief which is in his heart, nobody is going to go to check what is in his heart.
You know, we don't set up in position courts, where people are now brought up and your face is tested, and no finding all the details of your belief trying to track down those individuals know, that's between you and God, but at least on the outside
in the society, the basic principles have to be applied and abided by
years.
back?
Yes, the question is, for those parents, or brothers out there incidents happened to him a couple of years ago, where he left the kingdom
went back to the states and left, you know, if an individual looking after his home, we give them the key to his own
work.
I mean, you get access to your home and
they lived in the home and the brother had left the jewelry box or box of jewelry.
Without unlock and some of the jewelry when he came back was lifted, you know, was stolen. And when he confronted the individual with this individual admitted and got the jewelry back and returned it to him. So it was asking whether this would be considered a case of temptation, whether he should have locked up that jewelry and we will say yes, this would be a case of temptation. You know, if the jewelry box had been locked in many broke open the lock, then such a person would be liable now to losing his hand over the issue. But in this case, you know, we are because I do see that, you know, we do not tempt people because everybody has the signs of weakness. You know, you go through
problems, personal crises in your home and back home or whatever, you know, and then you find yourself doing something which you wouldn't normally do. So we should not, you know, put temptation in front of people, where we have goods of this nature. We should love it.
You know,
what not is that virtually the same as being unlocked? I mean, because when we say locked, locked in who knew where the key was? To have the key, right? You know, that locked that you gave him the key or something to that effect?
Okay, our brother raised the question.
And it should be raised really from both sides, if a man or woman saw their husband or wife
in an act of
intercourse with somebody else,
I mean, what can they do? I mean, if such a person is a known righteous person, either woman or man, can they go to the court, and would their witness be accepted? No, the witness in and of itself will not be accepted. However, they have the options, were told to swear by a law that this, in fact took place. And to make three Oh, like this, the fourth time, they invoke a lot curse on themselves, if they're liars,
then they mail their husband or wife,
four times the
equivalent to the four witnesses what they're doing, they were four times sorry, not three times, four times that this person has committed bizarre, and then the fifth time, they invoke the curse of a law unto themselves.
If they are, in fact, life,
then their partner is brought before the courts or the legal representatives, and
given the choice of admitting
or making a similar oath.
And if that person admits, then the person is executed,
if the person doesn't admit, and makes the oath, and calls on the last person for themselves, then the court there maybe comes up separated, they become divorced, their marriages canceled, that's as far as the court can go. Because without other witnesses,
you know, as has been set by law, then
even the most righteous of people, because we're judging righteous people, by their external actions, we don't know what is going on inside of people's hearts.
So, even the person we thought to be the most righteous, they could be like,
they thought the course is not going to act
without that full set of witnesses.
Well, I mean, this is
the in the case where the individual witness to act kills those who are involved in the act,
you know,
this, now, is something which the courts would look into the circumstances, if the evidence, you know, does support that this actually took place in in such an act, right, then, you know, it is possible that some leniency may be given towards that person who committed who killed them, you know, out of state of, you know, out
of jealousy, you know, extreme jealousy, whatever, you know, that that some leniency, you know, if the evidence does support that, in fact, this was the case not that they went and killed two people and set up a circumstance right, you know,
that some concession would be given, you know, because, of course, one of the people involved, maybe, actually not married or not having been married, in which case, the punishment for such a person would have only been lashes and not death.
Do we can see it most easily for the case of your husband, you know,
A woman killing her husband or the man killing his wife, but then the other person involved, you know, that person may not have been used to be executed. However, as I said the case, the case would be, you know, judge in accordance with the rulings given by the judge, the judge would have to look into the circumstances and, and make a ruling. I mean, it is possible that if
there is enough evidence supporting the claim of that person, that they actually caught them in the opposite spectrum, that that person may lose their life.
But if there is sufficient evidence, etc, then the Court made you lead into the person and let them off.
You know, I did happen in the time of Omar, for what men had done this getting his wife and the person involved in the accident that man was left off.
I'm not certain.
I'm not predicting whether the for witness, I would imagine that is the case. But I'm not certain. If there's anybody here with a background in the city, I could confirm.
If not, then we'll try to find out the next week to confirm, you know, what, what is the case in terms of witnesses for homosexuality, whether it is also the four witnesses, or whether next and four would also be accepted?
In reference to the cookbook,
an Islamic Society, should they be more concerned about fear punishment from a law in the afterlife.
And, you know, one of the example you gave for capital punishment in a Western society was the paintings that took place in London and beheadings to a certain point.
And this in no way deterred crime, crime was still rampant in that society, because they didn't have other things in place to prevent crimes of prostitution, in depth and things of that nature, even in the high government circles as a society.
And the reason I asked is because I have read that the laws governing capital punishment in an Islamic Society,
were actually prescribed to frighten
or not, not just not not prescribed to frighten people into obeying the law. But they were actually prescribed to keep people who were devious in society, and who had a propensity for preying on people who were peaceful and who were trusting, alright, but getting them out of the society and thereby preserving the Islamic content of the society keeping it in check. But the basic question is, are we are these laws prescribed so that we're frightened by the laws, or we should be more concerned about a lot? Well,
Islam recognizes that people are in different levels of faith.
Those who fear Allah
and would not commit the crime because of the fear of a law. You don't need the law for them.
You know, we don't need that law, because their fear of a law would stop them from committing subscribe.
Whereas
the larger proportion,
who fear a lot,
but the fear is,
on such a level such a low level, it is not sufficient to deter them from committing a crime, then
they fear the application of the law.
The law is there to put fear in their hearts from the application of that law themselves.
It's really, the law is there for the weaker members is weaker, and generally speaking, all of them are because if a person is have strong faith,
and you tell that person
drinking alcohol will destroy your spiritual link between yourself and God, and, and harm your relationships with people, etc. This was enough.
This would be enough.
And you'll find initially when the revelation of the loss and funding of the drinking of alcoholic pyramid came in a gradual fashion. In the early recommendations, it was enough for some people they just stopped, but rather people it needed to be more certain and more definite and the law has to be put there at last
So
what we have to be certain of is that
the law, this strong, powerful law is really for the weaker members of the weaker in faith.
Who need
to see the big stick,
you know,
who needs to see, and to realize that if they do certain things, they will suffer the consequences.
Whereas, for those people whose faith is strong,
if the law wasn't there, it would be fine. However,
what Islam also takes into account is that even those people have strong faith,
go through periods of time, when their faith gets weak.
They don't maintain a constant
joy, if they are in a period of weakness, and Satan comes and makes an idea, feeling to them, you may find them committing a crime which they would not normally do. So that powerful line is also there for those times of weakness of those even have strong faith, that when they their faith in terms of consciousness of God, dip
their consciousness of the power of the law and the consequences is enough to keep them in line, keep them in check.
So I would beg to differ with what our brother was saying concerning the application of public
public
executions, that in the time when there were public executions, it did have an effect
on the crime that we're being punished for. However, I would support him in the fact that there was people not fearing a consequence from God, then it would not have as great an effect, as
in the Islamic circumstance, where the law is there not only for the
fear of putting fear in the hearts of people who do not have a good consciousness of God, but also to confirm in the minds of those who fear God, that
a lot of laws are being applied.
That they may be,
they may put their full trust in a law
and in its application, and that this trust would also help them in their faith in deterring them from crime.
Muslims governed by Sharia and Islamic societies get non Christian or non Muslim governed by
these laws in a non Muslim society, yes, the non Muslim will actually kill somebody steals etc, he will also be governed by these laws. Okay, I want to read a question from the sister. Question if someone, for instance, has been married, and was separated at the time, the person has not embraced Islam, and later became a Muslim.
If a chance came when the person decided to settle down, and both are Muslim, will that person be punished under the Sharia law?
Will the marriage under
under the Islamic law be valid?
What will happen to the previous marriage? Is there any punishment for it? Okay.
I what I think the person is saying is that if a person were to live
in a circumstance,
what we call in the Philippines they call a living circumstance, where, you know, a man has a woman and he's living with her like his wife, but there's no marriage ceremony that's taking place, you know, or in America, we call it cracking up, you know,
if a person lives in these kind of circumstances, right, then
they become Muslim.
according to Islamic law, they should get married together. Because this was not married. They were living in there would be no punishment for them. For what came before because we know Islam, canceled whatever came before when the statement the problem was, I fell in love that Islam canceled the sin. Whatever wrong you did in the past, this has been canceled by your acceptance of Islam. If
you follow through,
because if you come into Islam, and then you become corrupt, then you will carry the sin of the previous time. You no longer have
As often,
as is so that absolution is unconditioned, that you continue in a righteous path.
And also, it's unconditioned that the crime that you did did not involve the thinking of somebody else's property. You know, if you stole somebody's
property, then you accept Islam. Though Islam wipes out the act of stealing, it doesn't make halau the thing you're stolen.
So, if you've accepted Islam, you must now take that thing you've stolen and return it to the people that you stole it from.
Right, you're absolved of the sin of the stealing, but you're not absolved, in the sense that you can now keep that makes halau for you, what you saw no,
such a person who lived in such circumstances, they will not be considered sinful, after Islamism law would not be applicable to them. They would remarry.
If they accepted Islam, and continued in such a relationship,
you know, a woman accepted Islam or the man accepted Islam. And they continued in a live in Shakopee kind of situation, of course, they know becomes sinful.
Once they continue that relationship, they become sinful. But just like a man, for example, or a woman, I wouldn't have thought a woman who accepts Islam.
If he accepts Islam, and her husband, a person who has been legally married,
does not accept this lab, then she may not have sexual relations with this man.
If he does, then she is committing a sin doesn't take her out of Islam. But she is intent.
She is committed.
So when she accepts Islam,
though she may go back to her husband to try to convince him to come to Islam, etc. She has to hold him up. He should not have sexual relations with him until
she has finished trying to bring him to Islam. If he decides he doesn't want to have anything to do with Islam, then she now must make the choice that perfect is strong, she has now to make the choice of separating herself completely from her husband.
Divorce if and look at the current Islamic law that the marriage is canceled. It's nullified. When he became a Muslim, her marriage was nullified. It became null and void at that point in time. So it's not really a divorce, but she may have to go through a divorce in the legal system, which requires divorce without separation to take place.
I hope that answers the question. I could also just mention that if a person was married in the Christian system before Islam, when they come into Islam, you know, the person and the dogs when and why they don't have to remarry. I know some people mistakenly think that it becomes necessary to have an Islamic marriage. But no, if you are married legally, in a system before Islam, then you may continue that marriage after Islam without having to remarry.
Not another question by the sisters. Why is it that only experts
are executed?
Who are executed are well publicized?
Are there
executions done for executions done to local countrymen? Yeah,
most of the executions are taking place. They're not to express most of them are to local people. And they're publicize their exploits explained usually on television in all the crime is read out to the veteran, maybe in the newspaper and publicly when it actually takes place before they do the execution. The crime of the individual is read is read out publicly so everybody knows what is the crime being applied for.
What you find is that those were executed locally. Mostly it is for murder.
Whereas those that are executed for bringing in drugs into the country, not to the X Factor normally or bringing in drugs, you know, so you'll find most of those who executed for drugs are expect but you do have some local people who have been involved in drug rings who have been caught and publicly executed also
confirm that for the sisters who asked this question that the person who wasn't apostates was executed for apostasy yesterday in eastern province. This person
was a local citizen of the country was not an expat.
Before we go, let's stick with the with the questions concerning the Hadoop first. If we run out of those, then we'll come back to general questions. Okay. Concerning Hadoop
demand,
you can
find, okay, I've read is this asking for any more clarification on the payments or what is known as dia for somebody who commits a murder. Now,
if a murder takes place, or your neighbor, you know, killed your father, or your brother,
the male members of the family have an option of taking
a, a blood,
blood money, which may be whatever the person offered, if the family members accepted,
then that person is no longer executed for the crime.
Okay, what may happen is that when that person was a father, he was killed, for example, and he has a child who's one year old, or two years old boy, they will wait until that child is one of the few instances where you find the murderer wasting in jail for 10 years, or 15 years, they will wait until that child reaches the age of puberty. That is around 15. And the question will be put to the child
to the young person, young man at that time, would you accept? You know, this money in the place? If he says no, then the person is executed. And this is the only time when you when you find that process? Taking a period of time. In a case of what we call manslaughter in America. Is that right? accidental death?
Yeah, yeah, this is a case of no losing manslaughter. What do you mean accidental death? No, no. I mean, when you hear people get into a fight, yeah, there's different levels of manslaughter, they take two men get into a fight and one hits the other one hits you to set up against the wall and he died. Know
where it is just the rule that accidental death, this is not the case. Accidental Death a person pays a set
fine for the life of that person. Were the first were the were the cases judge that murder where the person has dropped that person with a instrument, which could
mean premeditated murder. A person can plan another person's murder and then proceed to kill it. premeditated, or a person hits the other person with an object. I mean, if I hit you over the head with an axe, you see, I cannot say I didn't mean to kill you. Right? You know, this is an instrument which normally causes death. If they saw such cases that it ruled as murder, you know, even though you're just having to grab it, because that was what was nearby. But this is an instrument which normally causes death. But if you just punch that person, and the person fell and hit his head on something and died, then this is not considered a case where you have murdered that person. Right?
They make it we'll make the distinction in this case.
Okay.
Yo, what's
up?
First
up my
question concerning an individual who victimizes other people do what we call in the western gap, you know, he's got some kind of a letter or you know, some kind of a program that he offers you give some money in advance, he promises you something in return, either a job here or whatever. So, he took the number of people into giving them his money and their monies and then he runs off with this money, what type of stuff in individuals,
this is not this does not constitute the type for which the hand is removed. Now, it is up to the discretion of the judge. You know, how, how this person may be punished. They may be punished by whatever properties they have been sold and the money's gotten back and given back to those people, and he may also spend a time in jail. You know, this is a case of
misrepresentation or you know, dispute, you know, like forgery, you know, you we see people, you know, being caught for forgery, etc. And what the usual the punishment, they're given some lashes spend a year in jail, they're given also a fine you know if the money which has been taken illegally This is returned if it is possible. These are the it's up to any the judge as to exactly what will be the punishment for the person but it wouldn't include the cutting of the hand.
You want to add something to that?
Yeah, okay. I mean, this is what I'd understood from the beginning that it is not, it is not really set in the sense that it has to be this amount. In the case of accidental, when there is again, a set amount made, but the person does the family does have the right to to forgive the person altogether. You know, and it's even mentioned in the ayah in the Quran, know, concerning the murder issue that you know, that forgiveness is also an option.
Okay, what you mentioned initially, was in the case of
accidental murder, or you know, a person dies from accidental crime, that there's a certain amount of money paid, in the case where a father killed his own child,
according to Islamic law, you know, as
practiced by a number of the schools of Islamic law, such a person is not executed. If father is not executed, for killing his son, he may be punished, jailed in a variety of other things. But he's not executed for
killing his son, because of the principle that he was the one who brought him into this life in the first place, you know,
a certain confession is, is made on based on that fact.
Just
being done with
that before?
I totally
Well, no, it's not usually several years. But what happened
for Filipinos,
there is a due process, but it doesn't take years.
Just
depends on the case, what normally
is the process of justice is fairly Swift, It is finished to at once your evidence has been gathered, etc. The ruling is made the point the point is that it is not just the ruling of that judge, which,
you know, automatically this person is excluded. There's the ruling that the person has made is reviewed by a higher Council, you know, which we'll look into it and look over the evidence again, and be ascertained, make sure that there are no positive and then this has to be also ratified by the king himself a decree is made work it is again, looked over. So there's like three levels before the actual thing takes place. And this is what would give this design process. But the issue of when a person has committed a murder or most of the evidence is brought fairly rapidly that person is brought initially to the first court, but then you know, the case is reviewed, you know, twice after
that, before the actual execution takes place. So this was gives us a certain amount of time, but relatively speaking in comparison to what happens in other societies. It's relatively swift
The question if a person commits a crime in a Muslim society
for which he is executed,
income or committed similar crime and anonymous in society, which is not executed. I mean, how is the judge in the sight of a law? Well, you know, of course, a law committee judges people, according to their intentions, if they are turned back to God, sincerely in repentance, the person commits a crime in a non Muslim society turns back to God in sincere repentance, that person may be absolved of that crime. You know, in a lot of sites,
though the law has not been applied to them, whereas somebody else in a Muslim society may commit that crime, and the lie is applied to them, but they have not repented within themselves. And there are still has to count on the Day of Judgment. You know, so ultimately, it goes back to the person's own intent, whether they do turn back to Allah ultimately, in repentance, and whether the, whether they will still have to be accountable law judges them. And we have the classical case, you know, and the some of the problems I found them, where one woman, you know, had committed adultery, and it turned herself into the executed frog, our solemn has sort of tried to discourage her from actually
turning herself in. But she insisted, you know, he told her to come back after she delivered the baby, he came back, you know, giving her time and also the option not to come back. When she came back, you know, she still wanted the law to be applied to her. He told her to come back, after you're finished weaning the baby another two years, you know, and after the three years is up, he came back. So when there was nothing left now, but to apply the law because he or she is compressing, and once the application was on the law, he was taken and stoned to death. And during the course of the stoning, you know, some of the blood splattered on the, the garment with Omar was
wearing Omar was there taking part with department about the love, and when the blood splattered on his garments, because it's
so different for babies from cursing, the blood of this woman or the woman saying that the repentance that this woman makes, it's so great, that if it were divided up amongst the inhabitants of Medina, it would have been enough to absolve them of their sins.
This repentance, this is from Salomon forming something was revealed to him by Allah because he does not have the authority to say this, this is from Allah saying that her repentance is so great. And it's divided up amongst the inhabitants of minutes of Medina it would have been sufficient to absolve them of their sins.
So
that's what we said ultimately, it goes back to what one's intention.
Okay, so a lot deeper is waiting for us. We are we have gone over our time. Point is now after two o'clock. So you know, we'd like so because the number of people here who have to get back, you know, they've come from far distances, transportation and brought them here, we have to try to stay within, you know, a certain limit. And
so, the point is that, you know, other questions can be made, you know, given to me person or whatever, as we're leaving, you know, if they can be answered or they can be raised next week, but just to give, you know, brother the chance to, you know, I've come from long distances and, and are anxious to have lunch, you know, that we should stop at this point here. Now.
We have a lot to accept, you know, the, the our intentions for being here, you know, one in terms of seeking knowledge, understanding Islam, to improve our practice of Islam, to take what the Imam has given us of the hookah, you know, concerning the importance of the application of Islamic law, that we should strive in whatever area we go back to, or whatever we live in, to try to apply these laws to the degree that we can and we ask the law that you accept
all of our our deeds, righteous deeds as being done sincerely for his benefit, and that they give us the reward a product in the next life, some hammock a long old hamburger, to allow the stockbroker to go like
Everybody