Story of Fiqh

Bilal Philips

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AI: Summary © The speakers discuss the importance of understanding the "medianity of Islam" and the "medianity of Islam" in the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the time of the
AI: Transcript ©
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Alhamdulillah Alameen wa Salatu was Salam ala Julian Karim, while Annie was hobby are many Stan Nabisco, Nettie ilium indeed,

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all praise is due to Allah and may Allah has peace and blessings beyond the last prophet muhammad sallallahu alayhi wa sallam, and then all those who follow the path of righteousness until the last day.

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The story of Fick

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actually begins

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with myself, when I first accepted Islam, back in 1972, before most of you were born.

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I accepted Islam in Toronto.

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Converting from communism. Though I come from a Christian background. During my student days, I had

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changed over to communism,

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believing that

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it had the best solution to the problems faced by human beings all over the world,

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problems which are economic, social, etc. They had the answer.

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But after being a communist for a couple of years, I came to realize that they didn't have the answer.

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So

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the next option that made itself available to me was Islam.

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And

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after reading about it,

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I quickly became convinced that Islam in fact, had the answer. It had the answer, which communism didn't have.

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And it wasn't missing

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the things that Christianity and other religions had.

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So, having accepted Islam,

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and trying to learn about Islam, the teachings, not satisfied to just

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culturally, leave Islam, as most cultural Muslims do, doing what their parents did,

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and what the society tells them to do.

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I set out on a

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journey

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with Jamal Lake

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because that was the only movement at that time

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that was

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trying to do something

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to claim that they did have access to knowledge. So I set out with the Jama

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and

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visited their centers of learning

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and came back

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Hanafy.

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Having come back to Canada, where I'd accepted Islam, Toronto,

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coming back a Hanafi.

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And then

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moving next to the masjid

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and beginning to study with the Imam from the masjid

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who was from Egypt

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and began to teach me from Phil persona.

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And when I started to find some differences in terms of what I was studying,

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he informed me that yes, fipple Sana is basically Shafi.

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So now I had to look at

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deciding Well, which way am I supposed to go? Because I'd been told already that, you know, as Muslims, we've got four month house

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and everybody has to follow on.

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If you don't follow on, then your mud hub is the month hub of Satan.

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So

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This is a serious matter here, you know. So

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then I was

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suddenly convinced that since then,

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most Muslims around the world are Hanafis

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number wise.

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And I will Hanifa was the first of the Imams

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that it made sense

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to go with being a Hanafi and of course, the Jamaat that I traveled with they're all from India and Pakistan and you know, everybody was Hanafi anyway.

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So

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when I started to learn,

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from the Imam of the masjid,

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teaching from federal sunnah

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and he was teaching the same Fick. Basically when I traveled with the German I went to the various Masjid sites with the MO Lana's.

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They were teaching the same flip,

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the method was different

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Molana method and the masters that I went to, I'm not saying this for every Mowlana they were basically teaching do don't do.

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This is okay to do that's not okay to do. Don't do this. They weren't giving, like any evidences or reasons just this is how it is.

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As a Muslim, you don't do this.

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That's not allowed. This is what you have to do. This is the way you need to do it. This is when you need to do it, et cetera, et cetera.

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I made a lot of notes. I carry those back with me. But now, as I'm studying fifth persona, the persona has evidence. So the Imam was not just saying do and don't do. He was saying, why should you do because Allah said in the Quran, verse one. So the prophets, they got to be some blessing be upon him. Said from the Sunnah.

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Do this or he did that or whatever.

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So there were some evidences which made it more convincing to me.

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So though I didn't say okay, I'm no longer Hanafy. But I was

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absorbing that information.

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Only to develop new friendships there in Toronto as a new Muslim with some brothers who came from Morocco.

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And of course, coming from Morocco, you all know you're all smiling. Yes, Moroccans are mainly Maliki's. So now, here comes something else, right. So

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at this point, I started to look at what I was learning.

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And

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I concluded that

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I needed to take a different approach.

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I couldn't learn properly from immigrants, who are there without scholarship behind them, basically, they were trying to do their their best sharing with me whatever they could, but that this would not be the route for me to find out.

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The actual facts of the matter, I needed to go study Arabic,

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and study in one of the institutions in the east

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and learn Islam from the sources.

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That's what I concluded. Because what was being offered to me

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under the guise of

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the form of hubs, which everybody was careful to say, they're all correct.

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You just need to follow on. They're all correct.

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But I had a problem dealing with

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issues where one might have said one thing and another one said the opposite. And these two opposites couldn't come together, I couldn't put them together.

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There are some differences which you can live with Okay. These are variations etcetera, etcetera. But when one might have says, If you do this,

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you don't have to do

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and another one says, If you do this, you still have to do

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how can they both be correct?

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To accept that,

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to accept that they're both correct, for me, was like accepting that one too.

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as one plus one equals one,

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you know what that's about, right?

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The Trinity. So, I accepted, I had rejected that because it was completely illogical.

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So now this idea of both been correct. For me to be able to accept that, I would have to do the same

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step, turn off your brain and just say I believe

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so

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was because one, this was one of the major factors for me to have left Canada, back then go to Saudi Arabia,

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to Medina, study Arabic, and to study in the University of Medina

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from which I graduated, it was solid in

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in 1980, still before most of you are born.

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Okay.

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Then,

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having graduated,

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and I started to do a Master's course, in Arcada theology from

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King's College University in Riyadh.

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And I started to study

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a course,

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which was called

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Daddy addition here.

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Or the

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history of

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the establishment of the Sharia, the history of the Sharia.

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When I did this course,

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I realized all of those issues, which I had,

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in the very beginning back in Canada, which I had come to understand, as something of a solution for

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from studying from Medina, I came to understand that, you know, you don't have to follow one of those math hubs.

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But that course, put it all together

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in a very concise way. And I felt they're teaching this for other than Surely our students, the teaching this, at the masters level, most students who graduate from Islamic studies don't make it to the masters level. So they miss out on this course, those who have

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specialized in Sharia, of course, they get it. And the last year is whatever, of the course.

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And as a result, having studied that

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one of the first books that I wrote

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was the book called The evolution of Fick. That's this book here.

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And

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double Corner Bookstore

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has it available.

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And that was the compilation of that knowledge from which I'm taking for my presentation this evening, on the story of fic.

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And I should mention, that after I had prepared the manuscript for the book,

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I gave it to

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a brother, Muslim, who was based in five, and he was Pakistani,

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but had very good English background, he had a strong English background, maybe studied in UK or whatever.

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And he was a newspaper, journalist,

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writing articles in English. I asked him to review the book for me.

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And

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after he reviewed it, checked it, proof read it, etc.

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He brought it back to me.

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He brought it back. He was at that time. Retired, was already in his 70s

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he brought it back to me. I remember a day in life brought it back with tears streaming down his face.

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I said I saw him you know, says something wrong with what happened, you know, are you okay?

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He said, No, no, no, this, this book, he said, for the first time in my life,

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I have understood what the madhhab is about.

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He had passed with all life, it was just like an unknown, what really is the madhhab about.

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So it touched him so much that said, it brought tears to his eyes.

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On the other hand,

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before I published it,

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I passed it to my father,

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who was an English teacher,

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specialist in the teaching of English.

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And after he went through it,

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and he was anonymous them at the time,

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he said to me, you know, I didn't realize that Islamic law,

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or Islam has such a detailed legal system. You know, he had a positive view about Islam on a cultural level. But he didn't know I mean, he was thinking Islam like Christianity, it doesn't have any legal apparatus within it that, you know,

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sets the foundation for governance and all these other things, he was quite surprised.

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And that was one of the factors which led him

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to accept Islam. And he edited as a non Muslim. He also edited the book, I did.

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Other features, and in fact, the very last chapter of the book, he wrote himself

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summing up the ideas of the book, he put it together, and mashallah, very effectively.

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I'm sure you wouldn't imagine that he wrote it as a non Muslim.

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Anyway.

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The story of

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first and foremost, to understand that story,

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is implore important to clarify.

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What is FIP?

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What is fake? And what is Sharia?

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Because, in translation, both fic and Sharia

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are referred to as Islamic law.

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Islamic law,

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going into Arabic comes in as both filk and Sharia.

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But the fact of the matter is that they're not the same.

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There is overlapping, but in fact, they're not the same. So, to understand that story,

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it is important for us to understand the distinction between the two.

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FIRK first and foremost,

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is

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a methodology. I'm not going from the linguistic perspective.

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But it's a methodology of deducing Islamic laws, from evidence found in the sources of Islamic law.

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That is, how

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how do we deduce from the sources of Islamic law? What are the main two sources of Islamic law?

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Quran and Sunnah. So how to deduce from the Quran and Sunnah.

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Islamic laws

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which are not spelled out in the Quran and Sunnah.

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Based on the evidences from the Quran and the Sunnah, whereas the Sharia, on the other hand,

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represents the totality of Islamic laws

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revealed to Prophet Muhammad Sallallahu wasallam

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and recorded in the Quran and the Sunnah.

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So this squalane sunnah is the overlapping feature

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So, this is the basic distinction.

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The Sharia, or the actual law revealed laws.

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These are the texts, which are divinely revealed either from the Quran or from the authentic sunnah. We look at the authentic sunnah as part of Revelation.

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It's not just

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what came to the Prophet sallallahu sallam.

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From a legal perspective, God came to his mind, what he thought what he felt. Now it is based on actual revelation when I interpreted how Allah said in the Quran,

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that he that is Prophet Muhammad, Salah Salem does not speak from his desires in Hawaii, Washington. You have what he speaks is

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Revelation which has been revealed to him

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while in the case of FIQ

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what we're talking about

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is

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what is deduced

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from the Quran and Sunnah. What is deduced from the Quran and Sunnah.

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And not found specifically in the Quran and Sunnah.

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This is from human effort,

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the laws are revealed, we need to apply the laws

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as we reason out how to apply it different circumstances how to modify its application this way and that way, this is the fifth

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fifth meaning understanding deep understanding.

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Furthermore, in terms of a distinction between the two,

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the laws of the Sharia are fixed.

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Sharia laws are fixed.

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Whatever was haram 1400 years ago,

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unlike other religions, doesn't evolve and become Halal today.

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Right.

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Because when you deal with democracy as your main

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system of practice,

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from a religious perspective,

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if it is left up to people to determine what is halal and haram, then you have removed from the basis of Islamic law from Sharia,

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the stability

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which makes it unique in the world today.

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Everybody else is evolving.

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All the other societies all these things are evolving.

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People raise issues that we are backwards.

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We don't evolve, we don't modify our laws. But the bottom line is that

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human beings haven't changed.

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Go back 5000 years 10,000 years same human beings.

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So when a law made a particular practice haram

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for human beings, then

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it will be haram till the end of time

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because human beings fundamentally don't change.

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So the laws of the Sharia are fixed. However, the application

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the application of those laws may vary

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depending on the circumstances that are involved,

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so, we can derive different ways of applying those laws

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and derive other principles even from that.

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I mean, we know five times daily prayer

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we pray

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before sunrise Fajr, Lahore

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out

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So Multilib Asia

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different times, but

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after the setting of the sun

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but now what if you're in a place where there is no sun setting for six months the sun is up the whole time.

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So, now applying that

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has to

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change, how do we determine the prayer time that cetera

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is a different circumstances.

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The third point

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is that the Sharia laws

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are general.

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Whereas, the fic

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laws, the laws of FIP

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will become

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very particular,

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because it's dealing with

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particular circumstances, by nature, it will have this

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particular ness to it. So, this is where the flexibility of the Islamic legal system remains, in spite of the passage of time 1400 years ago, there is that element of flexibility which allows for changing in rulings depending on time, information etc. So, when, for example, cigarettes, tobacco, first reached the Muslim world, in which the Ottomans

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brought over from the US and clay pipes.

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The scholars of that time

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and looking at the

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impact of smoking.

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They concluded from the impact

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that it was

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my crew

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this light,

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why?

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Well, the only harmful effect that seemed to come from it

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was that it cause bad breath.

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The smokers breath.

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We know.

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Stores are filled with different things to spray in your mouth, gums to chew and everything to try to keep that smokers breath down.

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Not very pleasant.

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And since in our prayers at the end of the prayer, you turn to the person next to you and you say what salaam aleikum wa rahmatullah.

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And the province, our salah, realizing that this could be problematic.

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He did inform the companions that those who are eating garlic, raw garlic

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and onions, please pray at home

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to spare the rest of the people praying in the masjid, the harm which comes from that garlic.

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Salam aleikum.

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Okay.

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So,

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that was the general

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opinion held by most scholars around the world.

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till the late 70s, when, after a long struggle with the cigarette companies,

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it was finally conclusively proven that cigarette smoking causes cancer.

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We now had a different situation, that additional information

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concerning smoking cigarettes, that it causes cancer, knowing that cancer causes death.

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So, cigarette smoking,

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can cause often cause most often causes death.

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So what now is the ruling?

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Do we still go with the early ruling? Because it was made by scholars at that time back in the 15th century? Do we just go with that because they made the ruling? No.

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It has not this This in no way

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Does it diminish the value of those scholars who made that ruling for us to say, we need to change rules?

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Because the law said clearly in the Quran

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Well, I don't call the ID Camila Toluca. Don't throw yourselves into destruction with your own hands.

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So, if we're told not to kill ourselves,

00:30:25--> 00:30:37

don't kill yourselves clear instruction, this is haram. For you to do, what is going to cause death, your death? It's four minutes.

00:30:39--> 00:30:44

So that became the most appropriate ruling.

00:30:45--> 00:30:53

So those of you in the audience who are still going according to the old as Harry ruling, of mcru,

00:30:54--> 00:30:56

know that it is haram.

00:30:57--> 00:31:01

Give up those cigarettes in sha Allah.

00:31:03--> 00:31:04

So

00:31:05--> 00:31:12

this is the nature of Islamic law, that it will vary its position based on

00:31:13--> 00:31:19

new information that comes it is capable of adjusting itself, and so on and so forth.

00:31:22--> 00:31:25

Even if somebody will say but

00:31:27--> 00:31:30

in the Guinness Book of World Records,

00:31:32--> 00:31:38

the Chinese woman who was had lived to the oldest age

00:31:40--> 00:31:48

when she was asked about what was her diet? What were her practices? She said, I smoke a cigar every day.

00:31:49--> 00:31:50

says

00:31:51--> 00:31:53

how you can say that's haram.

00:31:54--> 00:31:55

How can you say It's haram?

00:31:57--> 00:31:58

She's smoking a cigar every day.

00:32:01--> 00:32:02

No cancer.

00:32:03--> 00:32:05

She lives 210.

00:32:08--> 00:32:08

Hey,

00:32:10--> 00:32:11

but the point is,

00:32:13--> 00:32:17

we don't think practically that way.

00:32:19--> 00:32:23

You will find in the Guinness Book of World Records. That

00:32:24--> 00:32:28

one individual jumped out of the airplane, an airplane.

00:32:29--> 00:32:31

And his parachute didn't open.

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

And he hit the ground.

00:32:35--> 00:32:45

20,000 feet something like this. He hit the ground. And he lived to talk about it. He may have broken almost every bone in his body still alive.

00:32:46--> 00:32:56

So now what you're gonna do, you're sky jump diving and whatever, you got to jump out, you're gonna go according to him and say, Yeah, look, one survived. So you know?

00:32:57--> 00:33:09

No, you don't do that. That's not how your mind works. You say, hey, you know, he was lucky. Seriously lucky. I'm not gonna do that I'm gonna put on two parachutes.

00:33:12--> 00:33:13

So

00:33:15--> 00:33:17

this is the the nature

00:33:19--> 00:33:20

of the law.

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

It does adjust itself

00:33:28--> 00:33:31

according to the needs of the society,

00:33:32--> 00:33:36

the time, the place, etc.

00:33:39--> 00:33:43

With regards to how Fick came about.

00:33:47--> 00:33:51

It went through a series of stages.

00:33:52--> 00:33:58

What we have today, is a product of an evolution.

00:33:59--> 00:34:03

It's not an evolution of Sharia law. Sharia

00:34:04--> 00:34:06

doesn't evolve.

00:34:08--> 00:34:11

But the understanding and application of the Sharia

00:34:13--> 00:34:15

can and will evolve.

00:34:16--> 00:34:24

So, if we look first and foremost, at the time of the Prophet sallallahu, wasallam,

00:34:25--> 00:34:29

the 23 years of his prophethood companions around him.

00:34:31--> 00:34:36

We can see the foundations of being laid there.

00:34:39--> 00:34:50

Though the basic source of Islamic law and the time of the Prophet SAW Salem was the Quran and whatever was revealed to him

00:34:51--> 00:34:56

for the Sunnah. That's the basic source of Islamic law.

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

However,

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

But

00:35:01--> 00:35:06

what he did do was that he trained the sahaba.

00:35:07--> 00:35:08

And he had

00:35:11--> 00:35:14

he gave them lessons and he had

00:35:15--> 00:35:23

he explained the principles of how to reason how to judge

00:35:25--> 00:35:31

gave them those foundations. And then told them that if you make a judgement

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

sincerely, and you're wrong,

00:35:36--> 00:35:45

you will still get one reward. If you are correct, you will get double that reward. If you're correct,

00:35:46--> 00:35:52

you should strive to get the correct information. So that when you make a judgement,

00:35:54--> 00:35:56

it is as close to correct as possible.

00:35:58--> 00:36:12

And he told them a variety of other things concerning how judgments should be made, etcetera. And he gave them the opportunity to make he had themselves.

00:36:15--> 00:36:18

One of the well known occasions is that of

00:36:19--> 00:36:25

Salah in the citadel of Benny or Eva.

00:36:27--> 00:36:28

Where

00:36:30--> 00:36:31

the Prophet SAW Salem

00:36:33--> 00:36:37

because of the treachery of battle Corella,

00:36:40--> 00:36:42

the province or Salem had sent the Sahaba

00:36:44--> 00:36:47

to go and punish them for their treachery.

00:36:50--> 00:36:50

And

00:36:53--> 00:36:54

he told them

00:36:57--> 00:36:58

because he said them

00:37:01--> 00:37:02

before

00:37:04--> 00:37:07

Oscar came in, they told them

00:37:09--> 00:37:11

pray your answer.

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

In the vicinity of the citadel of Danny forever

00:37:21--> 00:37:23

they were Jews.

00:37:24--> 00:37:34

But no kureta are Jews among the founders of Medina. No one has Yathrib right.

00:37:35--> 00:37:39

So the Companions headed out, they went out

00:37:41--> 00:37:43

for the citadel of Banu credo

00:37:44--> 00:37:45

and all the way

00:37:47--> 00:37:48

on the way,

00:37:50--> 00:37:52

the time for us or came in

00:37:54--> 00:37:55

there was still traveling

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

and it looked like the time for us there was going to end.

00:38:02--> 00:38:09

So some of them suggested, let us pray answer now.

00:38:10--> 00:38:17

And the other said, No, the Prophet SAW salem said Pray Azur in Bani Karela

00:38:21--> 00:38:24

the other group said, but

00:38:25--> 00:38:30

Allah said that prayer is supposed to be done on time.

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

The other group said But the prophet saw salem said, Pray in Banu Kurama.

00:38:40--> 00:38:48

So the group that decided Listen, we're going to follow exactly what the Prophet SAW salem said.

00:38:49--> 00:38:50

They went ahead.

00:38:51--> 00:39:03

Those who had reason that he said that for a reason, it didn't just say it, he said that in order for us to hasten to get to

00:39:04--> 00:39:05

ban forever.

00:39:06--> 00:39:12

So they prayed on the way after they got there and

00:39:13--> 00:39:16

I Banu Karela, surrendered, etc.

00:39:18--> 00:39:23

They took the story, the problem, this issue back to the prophets was

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

for him to say, who was right and who was wrong.

00:39:32--> 00:39:33

And the Prophet SAW Salem

00:39:35--> 00:39:37

didn't give any remark.

00:39:40--> 00:39:44

Some observed that the Prophet SAW Salem prayed on the way.

00:39:45--> 00:39:56

So it seems like that was the better choice, however, because the instruction he gave them could have been interpreted this way or that way.

00:39:58--> 00:39:59

He did not

00:40:03--> 00:40:11

indicate to those who went ahead and prayed as they're late after sunset, he didn't say anything to them.

00:40:12--> 00:40:42

So this was an issue of which they had there on that spot. They had a text, a statement from the Prime Minister Salam, they had to interpret that statement. And there were two possible interpretations from it. And by the province on Salem, giving the okay to both, he has trained them in the issue of jihad. And we also know that with regards to the surrender, of bamboo kureta,

00:40:44--> 00:41:06

they agreed to surrender only to Saudi Benoit, one of the companions of the Prophet SAW Salem hoping that side would be easy on them, right, in spite of their treachery, because they knew side so I knew them is from Medina.

00:41:07--> 00:41:09

So they're expecting him to go easy.

00:41:11--> 00:41:19

So that agreement was made and they decided to go with that. That side would make the judgment

00:41:21--> 00:41:22

for the surrender.

00:41:25--> 00:41:27

Son, the Prophet SAW Selim agreed,

00:41:29--> 00:41:36

he could have taken it over from there and made a decision by the left side, go ahead

00:41:37--> 00:41:38

and make the judgment.

00:41:40--> 00:41:53

And son, judge that all of the warriors, the fighters, from among bandhu Pereda, because of their treachery, they should all be executed,

00:41:55--> 00:42:11

the women and children would be taken as prisoners. That was his decision. And then the province of Salem praised that decision and said, you have decided the judgment which Allah would have instructed.

00:42:13--> 00:42:20

So here was sad, didn't love making his HD hot, because where did you get that from?

00:42:21--> 00:42:24

He didn't have a text to deal with that.

00:42:25--> 00:42:35

So, in the time of the Prophet SAW Salem, witch is considered what we may call the foundation for the story of

00:42:36--> 00:42:38

that foundational period.

00:42:41--> 00:42:44

The foundations of HDR,

00:42:45--> 00:42:47

the fic, were there.

00:42:49--> 00:42:50

Of course,

00:42:52--> 00:42:53

at that time,

00:42:55--> 00:43:02

whatever decisions were made, needed to go back to Rasulullah sallallahu alayhi wa sallam,

00:43:03--> 00:43:05

they didn't just make decisions and keep moving.

00:43:07--> 00:43:28

Whenever they made he had they will take it back and check out with the province Assam has the right to do the right thing, they will do that. So, it was not fit there was not a source of law at that time. Because when the Prophet SAW salams approval, it is still considered from the Sunnah.

00:43:31--> 00:43:32

Now

00:43:35--> 00:43:39

following that period, after the death of the Prophet SAW Salem,

00:43:40--> 00:43:45

the second stage in the evolution of the fifth story

00:43:47--> 00:43:50

is the era of the sahaba.

00:43:52--> 00:44:02

Basically 29 years from 630 to when the browser's have died to 661 when

00:44:03--> 00:44:07

I live in a battalion, but the Allahu Anhu died

00:44:10--> 00:44:23

and in that period, the principles to principles which become a part of the fic story

00:44:24--> 00:44:29

HMR that is consensus and trs

00:44:30--> 00:44:31

which is

00:44:32--> 00:44:33

deduction

00:44:34--> 00:44:36

and illogical deduction.

00:44:39--> 00:44:43

These two became activated

00:44:46--> 00:44:52

because in the time of the righteous caliphs, before I just collapse

00:44:55--> 00:44:59

it became necessary for FIP

00:45:00--> 00:45:01

To be applied,

00:45:03--> 00:45:06

the Islamic State was expanding,

00:45:07--> 00:45:10

going into Egypt, going into

00:45:11--> 00:45:12

Syria,

00:45:13--> 00:45:22

Palestine, going into Persia was Persia at that time. So with that expanding

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

state,

00:45:26--> 00:45:30

Muslims, we're now running into new circumstances.

00:45:31--> 00:45:34

Life in Arabia was relatively simple.

00:45:35--> 00:45:36

Desert life,

00:45:37--> 00:45:42

you know, even if you had some towns etc, it's still relatively simple.

00:45:43--> 00:45:46

complexities were few.

00:45:47--> 00:45:55

And the basic principles that already been laid down from the Quran, so not from the prophets or salams clarifications.

00:45:57--> 00:46:00

So now they were encountering new circumstances.

00:46:03--> 00:46:10

And Medina was expanding as a city, these other cities were expanding. They had to make

00:46:12--> 00:46:18

decisions concerning different issues, which were arising.

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

But

00:46:22--> 00:46:23

because of the fact

00:46:24--> 00:46:26

that the caliphs basically

00:46:29--> 00:46:35

prohibited the Sahaba from leaving Medina. This was the

00:46:36--> 00:46:37

birthplace

00:46:38--> 00:46:41

of Islam as a state statehood.

00:46:43--> 00:46:50

The righteous caliphs prohibited them from leaving so that they could benefit from their consultation.

00:46:53--> 00:46:53

So

00:46:54--> 00:47:11

the principle of Jamar, which came out of Shura, Allah already said, Well, I'm sure by now that the affairs among Muslims should be done with mutual concentration. So they had

00:47:12--> 00:47:21

applied those principles. They call on the rest of the Sahaba together to make decisions on what was to be done.

00:47:22--> 00:47:37

In the provinces and the new places that were opening up and Islam was spreading to, as well as in the cities Mecca, Medina that were expanding in size as people came from other parts of the

00:47:38--> 00:47:40

Islamic State, they're.

00:47:43--> 00:47:44

Now at that time,

00:47:47--> 00:47:58

we could say that the madhhab in the time of the process, we'll have to say the madhhab was the madhhab of Rasulullah sallallahu sallam, right?

00:48:00--> 00:48:10

Whoever says that Abu Hanifa or whoever it says the Prophet Muhammad says London was a Hanafi. You know, they don't understand what being an FE means.

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

Even Abu Hanifa himself was not fe, we'll come to that.

00:48:18--> 00:48:25

But anyway, the point is that in the time of Rasul Allah Azza Salem, the main man's hub was

00:48:26--> 00:48:36

the man's hub of Rasulullah sallallahu wasallam. And the time of the sahaba. That's the next stage, you could say the establishment now of the fifth principles.

00:48:38--> 00:48:39

The Madhab

00:48:40--> 00:48:45

was that of the Khalifa of our

00:48:46--> 00:48:49

time, la Bucher, it was the map of Abu Bakr

00:48:50--> 00:48:53

and the time of Omar it was it Madhava

00:48:55--> 00:49:02

was man and ally. In each of their times, it was their mother they had the final say.

00:49:03--> 00:49:25

They use Shura to get opinions from everybody else, but sometimes they made decisions, you know, where they felt this was the better decision even in spite of the fact that the shura indicated otherwise. We all know the stories of the times those times of Abu Bakr, Omar etc.

00:49:28--> 00:49:31

So, it's then not surprising

00:49:33--> 00:49:49

when Amara does a pub for example, he canceled the practice of giving cash gifts to new converts, saying and explaining that that was done in the time of the Prophet SAW Salem when Muslims are few etcetera to encourage people

00:49:50--> 00:49:51

to come and stay

00:49:52--> 00:49:59

for as Islam was now strongly need to reach out in that way, you know, we have priorities in terms of the mental model

00:50:00--> 00:50:01

Now it should be used.

00:50:02--> 00:50:07

And we know for example with man, but Allahu anhu, also

00:50:10--> 00:50:12

introduced

00:50:14--> 00:50:16

a second icon,

00:50:17--> 00:50:17

right?

00:50:18--> 00:50:28

There was just one of them, the time of the Prophet SAW Salah damn Abu Bakr is just one. But when the marketplace of Medina had become so big

00:50:29--> 00:50:43

that the noise from the marketplace drowned out the advance of people in the marketplace, couldn't even hear it. He sent I'm wandering into the marketplace to make the event let the people know that the design and the master is coming.

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

So this was

00:50:48--> 00:50:49

his HDR.

00:50:51--> 00:51:03

And of course, there are many other examples. But this was the period now when each mark and HD had took on a life of its own.

00:51:05--> 00:51:08

Still, what they were

00:51:10--> 00:51:17

forming a consensus about was still things from the Shaddai data bases in the Shaddai was not coming from nowhere.

00:51:20--> 00:51:21

Just purely from their minds,

00:51:22--> 00:51:23

they had the basis.

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

So

00:51:28--> 00:51:30

it wasn't then surprising that

00:51:31--> 00:51:38

in the next phase of the evolution, they refer to it as the building phase.

00:51:39--> 00:51:40

Right,

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

the period of the Romanians, that's basically 100 years after the time of Ali for that 100 year period 661 to 750.

00:51:55--> 00:52:07

We find further developments taking place because of changes taking place within the Muslim states.

00:52:10--> 00:52:14

turmoil which had begun in the time of

00:52:15--> 00:52:29

Ali will be Taalib dama was man and there was also some in the time Bob Walker, but it now evolved into actual sectarian differences.

00:52:30--> 00:52:31

So, we had

00:52:32--> 00:52:34

the coverage or the College Heights,

00:52:36--> 00:52:37

the Shia

00:52:38--> 00:52:39

and

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

even Abdullah moment that's where also the clash which developed between himself and you made rulers at that time

00:52:55--> 00:52:57

which created

00:52:59--> 00:52:59

an effect

00:53:01--> 00:53:05

on the development of faith their

00:53:06--> 00:53:16

decisions started to be made as the domain rulers began to appear more and more like kings

00:53:18--> 00:53:28

they took on some of the practices the middle and later ones took on some of the practices which were from the neighboring kingdoms.

00:53:30--> 00:53:32

So what happened

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

was that

00:53:38--> 00:53:42

you now found in the court of the Calif

00:53:44--> 00:53:54

where scholars among the Sahaba like the four Abdi laws used to go and sit with amaretto hotdog or Abubaker, whatever.

00:53:55--> 00:53:58

Now, when the court of the Caliph

00:54:00--> 00:54:03

was now adulterated

00:54:04--> 00:54:08

by the introduction of music,

00:54:09--> 00:54:13

dancing girls, magicians and astrologers, because in the

00:54:15--> 00:54:32

other kingdoms around, that's what they had in the court to entertain the, the ruler and his entourage, they would have these elements elements which are known to be haram in Islam. So

00:54:34--> 00:54:40

the big scholars from among the Sahaba and others, they moved away from the courts.

00:54:41--> 00:54:58

Because of course you sit in their presence, you're more or less giving the okay you know, you would have to speak out and if he spoke up, it's just gonna create serious problems for yourself and for others etc. So the the preference was to move from there

00:55:00--> 00:55:03

So the scholars are no longer concentrated

00:55:04--> 00:55:06

in the center.

00:55:09--> 00:55:10

Medina

00:55:12--> 00:55:13

became

00:55:16--> 00:55:21

overridden by Kufa and Basra, other cities of Iraq.

00:55:23--> 00:55:27

And the scholars who

00:55:28--> 00:55:35

came after the Sahaba, we say the first of them, of course, well known from the Imams was Abu Hanifa

00:55:38--> 00:55:40

followed by malloc, etc.

00:55:41--> 00:55:43

These scholars

00:55:44--> 00:55:56

avoided the court, even if they were offered positions, as parties, etc, they refuse them. Some of them were punished, some of them ended up in jail for it, et cetera.

00:55:58--> 00:56:03

And at this point in time when these deviations were taking place,

00:56:04--> 00:56:09

you had people who fabricated Hadith

00:56:10--> 00:56:12

in order to

00:56:14--> 00:56:16

justify some of these practices.

00:56:18--> 00:56:19

And

00:56:22--> 00:56:36

because of that, the negative impact had a negative impact. But at the same time, it spurred on the development of Hadith criticism as a science

00:56:38--> 00:56:39

that region a hadith

00:56:40--> 00:56:45

in order to ensure the correctness of statements attributed

00:56:46--> 00:56:52

to Prophet Muhammad Sallallahu Sallam which became the evidence for

00:56:54--> 00:57:02

the evidence sources to ensure those sources were, in fact, authentic, it became necessary

00:57:03--> 00:57:31

to authenticate through the scholars who are narrating the Hadith. And it should be noted that scholars were not just narrating verbally, because this is how hadith is presented and so on. So said so and so said at the fella, Akbar, Anna, Amba, Anna, etc, etc. And the conclusion from that, especially amongst the orientalist is that they were just passing down messages.

00:57:32--> 00:57:41

So if I told him something in the front here, he said it to the one behind go to the one behind to you reach the person at the end of the call.

00:57:42--> 00:57:48

That story at the end of the hall will not look anything like or sound anything like what I told him.

00:57:49--> 00:58:00

That's a well known phenomenon. So they said, Well, now, if this has been handed down for so many years, that way, and surely the information must be garbled.

00:58:01--> 00:58:08

But the bottom line is that the information was being recorded from the very beginning.

00:58:10--> 00:58:15

Among the Sahaba people like Abu Huraira, we know is the main narrator.

00:58:16--> 00:58:20

We don't have evidence that he did writing but all of his students the majority

00:58:22--> 00:58:35

75 to 80% of his students not wrote down whatever he narrated to them, and they also narrated while writing narration was much faster way of communicating then writing.

00:58:36--> 00:58:37

So,

00:58:39--> 00:58:57

the science of Hadith criticism, which became important for protecting the Sunnah evolved as a result of that corruption sometimes, you know, what we may consider to be an evil can cause the development of a great good.

00:58:59--> 00:59:01

Anyway, at that time,

00:59:02--> 00:59:08

the scholars of that time and Abu Hanifa Soufiane authority

00:59:09--> 00:59:20

and Kufa, Imam Malik in Medina and outside Beirut and a lathe inside of Egypt. They were already

00:59:23--> 00:59:33

centers of learning they represented in their areas centers of learning for fifth, which was far away from the centers of the state

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

which had now

00:59:37--> 00:59:39

gone through sufficient changes

00:59:41--> 00:59:44

to be not really an Islamic state anymore.

00:59:45--> 00:59:47

Now, what happened

00:59:48--> 00:59:49

in those days

00:59:51--> 00:59:52

with the

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

the Fed

00:59:56--> 00:59:57

was that

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

We found two camps arising

01:00:06--> 01:00:12

by in that period, who had their origins back in the time of Prophet Muhammad SAW Salah

01:00:14--> 01:00:17

because you remember when those two groups of Sahaba different,

01:00:18--> 01:00:28

one was taking the literal text and following that, and the other one was interpreting that text and following the interpretation

01:00:30--> 01:00:33

that now manifested itself

01:00:35--> 01:00:36

on a

01:00:38--> 01:00:44

level of what we may call madhhab. At that period,

01:00:46--> 01:00:49

one group who is referred to as Anil Hadith,

01:00:51--> 01:00:53

those who followed the Hadith as they were,

01:00:55--> 01:00:58

and the other group, which came to be known as Al Orion,

01:01:00--> 01:01:15

and right, the people who use reasonings to work things out. And these two groups amongst the Sahaba, you had Abdullah bin Omar, he represented the and Hadith approach

01:01:17--> 01:01:21

from the time even from the time of the qualifier as he did,

01:01:22--> 01:01:24

and Abdullah bin mustard,

01:01:25--> 01:01:26

who

01:01:27--> 01:01:30

took the approach of interpretation.

01:01:33--> 01:01:39

So this was an extension This was also the evolution of fifth.

01:01:40--> 01:01:45

This is the development, which can take us all the way to today.

01:01:47--> 01:02:05

We find differences from the different schools, which can be traced back to these different approaches. The key that we need to learn from that time is that those are different.

01:02:06--> 01:02:09

They didn't blame each other,

01:02:11--> 01:02:15

declare each other to be disbelievers, or deviance, etc.

01:02:16--> 01:02:47

But they respected their right to interpret and to follow that path. And the other group respected there's so from the story of FIP. There are many, many lessons and the time doesn't really permit. For me to go into it all. I think somebody held up a sign at one point with said 10 minutes left, that was 15 minutes ago.

01:02:49--> 01:02:50

So

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it's enough for us

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to take that lesson. If we take that home,

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that we as Muslims will differ. It is inevitable that we will have different opinions.

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But giving our fellow Muslim, the benefit of the doubt that

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they have come to their conclusions based on evidence is that they are found,

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though we can discuss, we don't make it a point of dividing splitting up our ranks. And it's very important in these times, because so many cases we hear of where people break up go different directions over very simple minut issues.

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They were the example to us that earlier generation. The man hub didn't represent a basis for division, though, there came a time and we didn't have the time for me to go to reach that point. Where

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the scholars those initial scholars were talking about Abu Hanifa and Malik and the others became becoming centers of learning.

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They

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those who came after them studied from each other.

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A mama Shafi, for example, studied from Mr. Malik

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longer than with anybody he studied under a number of other people.

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But under Imam Malik, he's done study the longest. He even learned the book memorize the book of Imam Malik is collected collection of Hadith and more thought he memorized it

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is one of the narrators of it.

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But nobody calls Mr. Maliki

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right.

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That's a sharp eye.

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But in reality is that these names when you tried to put

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upon the so called founders of the math hubs, they don't fit

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because the madhhab is to a large degree different, maybe as much as 50% and over is different from what those leading scholars taught.

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They taught based on the knowledge that they had their students changed, opinions, change rulings, etc, you know, based on the knowledge that came to them.

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And what we see among them,

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as we mentioned, Imam Shafi studied under Imam Malik he studied under Imam

01:05:46--> 01:05:48

Muhammad, a che Bani

01:05:50--> 01:05:51

he studied

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also under the students of Imam a lathe

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are made in the humble. He also studied under Imam Shafi. And he studied also under Muhammad a che Barney in

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Iraq. So this was their way they studied under different scholars, another 10 minutes. Thank you. Okay, they studied under each other, they didn't have a problem about it. And that's the example that they've left us that we shouldn't have a problem about studying under the scholars of our time.

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Those who have knowledge or teaching, because some people say, but, you know, if I follow this mother hub, and then I hear different from, you know, some another teacher, you know, that's kind of confusing if he tells me that it's this way, and then I say, Okay, I agree. It's this way, and I follow that, then I study under another teacher, they tell me, No, no, it's that way. And then I agree, and then I follow that, and I'll be flipping and flopping all over the place.

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This is what they say. But reality is that, are we better than Imam Shafi?

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Did he not study under Imam Malik, you know, under the scholars in Yemen, in Iraq, and then write a book called alhaja. That was his

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classical work, only to go later to Egypt. Study under the students of Imam 11 wrote that wrote another book along the

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way change many of his rulings from Elijah.

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Do we have a problem with that? Do we blame him and say he's flipping and flopping Imam? No, we accept that he can change his opinion based on the evidence that comes to him. And that's the approach that we need to take with the dean. There is no nothing wrong with following a madhhab.

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It is.

01:07:59--> 01:08:18

And we have to keep in mind that as I said, In the beginning, I will Hanifa wasn't the Hanafi so now, if you feel I'm joining the Hanafi madhhab. Join the shafr a mud hub, you know, because everybody around me SHA phase and Imam Shafi that was his No no, it's not his.

01:08:20--> 01:08:41

It's a matter a school of law. But the madhhab of Imam Shafi, like the madhhab of Abu Hanifa was the madhhab of Rasulullah Salado, etc. That's the bottom line, they were trying to follow up as best as they could, the madhhab of Rasulullah sallallahu alayhi salam,

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its people after them, generations after them, who put a name on it.

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And insisted only to follow one set of rulings, there was a time to come. And as I said, there's no time to go into all of that. But that's part and parcel of the fabric

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and the history of it.

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And it is important for us to have this knowledge. Because when we learn the religion, we shouldn't be open minded enough to take that knowledge from a variety of sources.

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Otherwise,

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it creates problems for us. We go to Morocco, and pray behind the Imams there. And at the end of the prayer, the Imam says

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and you're waiting with somebody, then the other thing is, they're finished. They end up walking away.

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There's no proper prayer.

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The Prophet SAW Salem did that too.

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And there is no harm in learning that this is an option. So it was a no it's going to confuse the kids. No, no

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We're gonna confuse them. They know you can do this or you can do that symbol. And the rest of the differences, especially those that are what we call variational differences.

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Every Muslim should know them. There's not that many

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minus 10. Okay. Everybody should know that. And we should approach our deen in this way. Because faith is to help us not to harm us, not to divide us but to bring us together. So in sha Allah, I hope that this brief presentation

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of the story of film has helped you in one way or another. And understanding the phenomenon of the madhhab word should be how we should deal with it baclofen comm send our