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An introduction to Islamic Law #01

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Faaik Gamieldien

Channel: Faaik Gamieldien

Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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hamdulillah and humbly line up my to understand you know and as the few who want me to be here on a taco alley now alerting me to Luna and Christina will say Marlena

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is in love for love of Allah who was my duty to follow her.

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When I should have a La Ilaha illa Allah who are shedding color when I should have made an Akuma Rasulullah sallallahu alayhi wa sallam who had it all early was happy when God did what he did. I'm not I know Brothers and Sisters in Islam Salam aleikum wa rahmatullah wa taala.

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All right, today, Inshallah, we're going to start we start one or two parts. And today we're going to start a series on Islamic law, introduction and introduction to Islamic law. Because I feel Maybe I

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was too, too much in haste to start off Quran and Sunnah give you a background

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to what we mean, when we exclude maybe, you know, Sheffield or Hanifa, or whatever else there is, of the great scholars.

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I think I needed to put that into a context.

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What is Islamic law? What is Islamic jurisprudence? What is FIP? What is so sick? I think maybe we need to understand and also the history of law, how did the law develop

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and we ultimately have this law that we practice which of course, have been extracted from the from the four sorts of law by Imam Shafi, Nava Hanifa, Imam Muhammad in humble and evening, we Malik up.

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So I'm basing this talk on you can see this is very, this is not cuneiform writing. This is still English. But it's a lecture which I attended.

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And son Sunday, the 16th of January 2000, in Pietermaritzburg.

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And I kept the notes, there's just the notes, it wasn't good to try to keep the notes. So this is how important it is to keep notes. It's extremely important. You must have a little notebook with you. Otherwise, of course, now you have the advantage, because you can go listen to it if you forget anything. But it's important also to keep notes, why is it important to keep notes?

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For one fundamental reason, and that fundamental reason is on the Day of Judgment, all these records that you've recorded will appear in front of Allah. And it will attest to the fact that you have sat in a lecture in cases this nificant your certificate that you wrote, which is the notes which

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will make everything good will appear in front of Allah, everything good, everything you said every detail if you wrote down, so sitting and writing down is not just writing down. Even if you just make note that you can just write words down with me, that you may

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want to use again for another time. So this lecture was given by one of my professors at Islamabad University professor Muhammad Rasool Allah, Muhammad, Allah Rankin. Jana is a great scholar. Again, one of our scholars that we lost, we lost a great scholar now in

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in the shape and form of Dr. Khan going on.

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Probably one of the great scholars of the century in the world.

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He was not only a scholar, but he was also politician. He was a spiritual head of the Muslim Brotherhood. And for that he was exiled to Saudi Arabia and then Saudi Arabia also fed up with a brother media to finally see in Qatar, we passed away follow grantee Janome

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Alright, so today Charles and introduction mainly it's a talks about the talks about the dynamics and dimensions of Islam, Islamic Allah quarantine, the reward for me, I've made these notes and are able to teach you so and you of course will get rewards for every word that I say and also for keeping alive what he had said.

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Alright, so we have three books. Read the Quran refers to and these three books are the Torah, which are given to Nabi Musa Ali Surah, to Salah. And, and the word torah means the law. The law is the law.

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So the Torah is a book of law.

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The urban Journal of Injeel

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or the gospel of Jesus, our listener, base, our listeners, Elisa Tuusula

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And then we have of course, the all embracing word for the Quran. And that is that which is read that which is read, it means that the Quran will be sent

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to the centuries where people would be able to read reading wasn't very widespread. elevator lobby booths are all there isa, are they ma salatu salam. But of course now we know it's become extremely widespread everybody it is 90% of the world's population, I assume

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is able to read

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Nabil Issa, just as a note, which he made of course, I'm just repeating what he said when I could write down he said that nobody or ISA came to,

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to swatch fingernail, the word is a swatch swatch in English, to make it easy

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to take away the harshness of the low of the, of the in jail.

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And

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if we look at and both these documents are basically spiritual documents, now sorry, the legal documents, they say the Jews cannot do this, they cannot do that. The Jews of course, the Torah was sent to the Jews and the Injeel of who also seem to the so they receive two books.

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But amongst legal systems in the world, among legal systems,

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you know, we have a legal system we have a constitution, we are constitutional constitutional democracy can be very common.

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Amongst the legal system, there is no parallel to the

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there is no parallel to the Sharia.

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The Quran

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when it speaks about legal issues,

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it raises up those legal issues

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in spirituality.

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So everything the Quran says there is a every verse upperhand you read no Quran, if it's illegal versus about voodoo or salah or inheritance, it is always followed up by praising Allah or referring us to the Quran or referring to the Nivea salsa itself.

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So the Quran the whole Quran is enmeshed in spirituality.

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All right.

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The Quran

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is less than a quarter of the Bible. The size of the Quran is less than a quarter of the Bible.

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The Bible you can put in your pocket, I will have to cut in your hand if I were to when people go to church you see them getting the big Bibles they have to carry it in their hand.

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The Quran you can put in your pocket.

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The Quran is memorized by 1000s of people every day in the world.

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Yet despite its smallness, despite its smallest 6600 rather 6600 verses

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it caters for every eventuality in life. It caters for the whole of your life.

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Okay, this past life, your present life, and of course, the station the Quran is on your future life, life after after.

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So,

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all these 6600 verses how many nurses deal with law with legal issues. The whole torah was a legal book, the whole of the Indian law as a legal book

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and the Quran of the 606,600 verses, only two, maybe maximum 300 deal with the Archon of Islam, they deal with criminal law, the law of inheritance, so many other laws that we will shall a touch upon.

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And these laws in the Quran touches upon covers the whole of the spectrum of law that mankind needs to live on.

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The Quran doesn't live on any law that is

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relevant to our lives in this world.

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So if you look at the Hadith ordinary Salah Salem, Salem, so that is the Quran

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is therefore the foundation of our spiritual and physical life in this world touches everything. You know that the first thing our children do today's before they can even walk they start reading.

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They look at the phone and they know how to where to touch and the thing switches on and then they can switch it off and on to the can't speak it because I have a granddaughter who can't speak he's only

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Maybe it's over a yo

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when you give her the phone she will do that to the phone to your pool too as you start walking around

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Oh, all right. So this collection of Hadith there is the biggest compilation of a hadith is 50,000 Hadith.

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Somebody collected 50,000

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over the 50,000 Hadith, how many deals with legal matters only about 3000 deals with legal matters. So you can see that legal matters

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is not an essential part but it covers everything

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3000 deals with

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legal issues then there's blue

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on the ramp I mean hasn't alas Palani

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will consist of 2000 Howdy.

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Then they show Kenny Imam show Kenny? I'm sure Connie is

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the last majestic Mujaddid Yemen Yemeni Mujaddid the road on solo

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solo

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here we are Hi John. He collected you know the higher Ashkelon is very very famous he wrote what what is this famous What is he famous for?

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Nicholas Balaam is famous for the

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for

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yes

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is famous for

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writing the commentary on

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it gives you simple base

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Yeah, he he wrote the famous

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and then he is a member of by the same name

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and hates me this hazard

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has already been hired mean

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I'm not going to tell you why Father gave them this name.

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If you hadn't been son of the stone, son of his tell me the story behind why some there, of course, some of the children son of stones.

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But with that.

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So this evening, I'll ask Kalani famous one.

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The intent not interpreted is another word

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of the Hadith of the human body. And how hate me is the second one if the hazard arise, and we assure you with a sharpie jurist on the grid, so if we do this

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so

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in western law, the two things that distinguishes Islamic law from Western law, or from manmade law, the first is that in even a democracy that we have, and all the laws that we have,

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if you see somebody committing a crime

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you are witness.

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But you cannot only report that crime to the police. You cannot say I saw somebody being robbed.

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So I'm making the case for that person, though. conduct this country. But then in Islamic country, it is your duty to report crimes yourself, you see something, somebody's doing something wrong. You go to the police and you make a case. Okay, so no,

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crime gets excluded.

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Because today, there are lots of crimes that take place. And the statistics that we read says, Oh, 3000 of this happened, but actually it's 6000 10,000 of that happened will actually is 20,000 because 10,000 The people who report the case, when Islamic country you are you are bound by the law to report every single visit somebody breaking in, you should report it. Okay. So the second thing is that in a democratic system, or any other law, any law, any law, any crime that is committed, for which there is no law, there is no punishment.

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If a law says nothing about it, then it falls outside the realm of law of that country's law.

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So if a country for example, doesn't say anything about,

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about men and women getting married, well a man and a man rather getting married, can fall outside the law.

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Do what you want, unless

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There is a stipulation to that effect. But in Islam, everything falls under the law, there is nothing that falls outside the law. And so maybe that will be my second lecture, when I'll be discussing the

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act of a human being has got a value every activity will be encoded Hoko what is the hook of of Salah? It is

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what is the Hakama of haram, you can't commit it. And if it suddenly you can eat, you can eat it, etcetera, etcetera, etcetera. Give me some news MOBA, it is allowed, somebody can play soccer, Cricket was a thing, so we're not gonna get any reward for it. In this dunya Yeah, not everyone in this room, sorry, but you're not gonna get any reward in the Astra I will see any place we say that keep it around to get some reward for it or maybe to reward score your goal or anything like that. So when you can do it, complete dominance.

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Now, of course, you don't do it during the court that you have to make some.

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So

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a law that and fit is not the same. I just give you two examples. We last expanded to include everything, given Islamic State or for the strips. So

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low in Islam can loosely be translated as. So when we say the law of Islam we can say the fit of Islam.

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Islam, then what does the word mean?

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means on the surface,

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it means understanding.

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It means understanding. So then at least how I guess and let me say to Allah,

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Oh, Allah give you an understanding of the deep understanding of the deal. The understanding doesn't just mean superficial understanding, when the Prophet MedWatch was given many real deep understanding, therefore a lot of their Hadith from the above is considered to be so.

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And a lot of these fatawa delegates accepted and East epsiode of the Quran is the first written test zero

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to v beta. Although not in the way we do it in three or four volumes are people once more word,

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the syrup. It's a nice stuff to take you back to of course, everything you write in there was what the Prophet said. Everything he wrote in the was with the Prophet said there is no interpretation by someone else. You want to ask the Prophet what is Ironmen? And you would write it down, and you'd record it.

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So low is given by a sovereign or by a parliament.

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With no in Islam comes from the law, given the Sharia, who is the Sharia the law given Islam?

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Was the law given Islam who makes laws in Islam?

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The logging Allah,

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every single law in Islam must be traced back to the

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every single law in Islam must be traced back to the

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of course, the Quran says nothing about it, there can be a hadith of Muhammad Sallallahu.

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And in Islam, all the knows

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of a personal jurisdiction.

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For example, if Allah so Allah says, Make Salah no police intend to collect Salah will lock you up, if you will make some that is where it's called the law of personal jurisdiction yourself onto the responsible for fasting giving us a car, nobody comes along and there's no text message that says, you know, where's your your submission now for the year 2020 to 2020 or 2020.

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That's all personal jurisdiction, then of course there is what is called so that in Islamic State is your own business, then there is called territorial jurisdiction, for the jurisdiction of the place that you in, for example, if you're in a Muslim country, then you fall under the laws of the country as well as the laws of Allah who's foreigner who without

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coming back to the questions is very quickly on how is it possible for the Quran

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to include all the laws of inheritance in the Quran?

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When if you study inheritance or African love inheritance, you get a sharp like that right up to the roof full of books on inheritance in accordance to the law of South African law about this and about that, but then the act over time.

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The Edward was

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Time, but in Islam

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how many Surah Surah Do you think deals with the law of

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all right, how many lines of the Quran? Who do you think deals with the law?

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No other line is from that covered from that side of the page who decided?

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And I told you this before that it was in the time of

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one of the presidents of America. I told you this.

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When he wanted to learn about Islam,

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President doesn't Kennedy,

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I think was Nixon.

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He wanted just an overview of Islam, What is Islam? Because he was gonna go to Saudi Arabia and the Arab states and he wanted just to know what Islam is about.

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So

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he was particularly interested in the financial side of Islam. What does Islam say about the heretics?

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So eventually, the question ended up at the desk of one of the professors of Harvard University is a professor on inheritance, American Indian.

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And

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he went to the Quran to make research

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on what the Quran says about the characters

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and became Muslim Professor became Muslim. How did you become Muslim? What happened? Whatever you needed the Quran, they became Muslim.

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Do you know

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what is so

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wonderful about the verses of inherited in the Quran

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the verses of inheritance is found in Surah Tulisa which is the fossil record on women. Sure to miss

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verse 11. And verse 12, two verses

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18 lines 1881 18 lines,

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two verses, verse 11.

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Please record read it with the coho.

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It deals with everything about inheritance in Islam.

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And this professor was amazed

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that 18 lines could embrace everything you need to know about inheritance, we'll get one.

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So that tells you

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the divine nature of

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now, we find we are familiar with. There was this Hindu law, the Jewish law. There's a law of Hammurabi, those of us who went to high school, there's about camaraderie, there is Roman law. Our law, of course, in South Africa is based on the Roman Dutch law. We were a mixture of Roman Dutch law that makes them industrial Hadley, basically, our

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South African law on those two laws now.

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Hindu law

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all these three, all these internal Jewish law firm, Robbie, Roman law, when we all know is based, there is no jurisprudence in Hindu law. And I'll tell you what that means.

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There is no jurisprudence in

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Jewish law, no in Roman law, no in the law of Hammurabi, like any other.

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It took Roman law on which our law is based. It took Roman law 1300 years to develop jurisprudence of law. What is the jurisprudence of law?

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The jurisprudence of law is a system of being able to develop the law according to rules and regulations.

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Today, how is our law made? No more than a Western country people sit in a parliament and they scream at each other shout at each other for years and years and years. And eventually they say well, they

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completely manmade law, they don't follow any system. They don't follow any rules. They don't follow any regulations. They don't have to consult any other book.

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For example, there's only more LGBTQ and and all that stuff. This all the knows to do that is generated in a tournament. So generated in going back to the Bible, or going back to the Torah.

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But in Islam, it took only one century to develop

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our

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methodology of extracting law from the Quran and Sunnah. That's why our law it comes from the source and will remain to begin to come from well, that is what is the source of the of our low Allah subhanaw taala the Sharia law Santana is the law giver is the lawmaker is the parliament, he is the legislature. Everything comes from Allah.

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And from the it goes to Muhammad Sallallahu sallam, and of course we have the other there are many, quite a few

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sources of law, which may you haven't heard of Colas or hobbies also sort of know that what's your hot word? Iijima, which of course is the consensus of opinion of scholars and loved in a certain age.

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For example, scholars, they will give an example of

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consensus in our

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in our raise the alarm is reach consensus on the fact that we cannot present any profit in a movie.

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All the scholars, whether the Shia Sunni, whatever they are, all the scholars of the world have agreed that that is how you cannot put a face or the spirit of a prophet. It's an example of hmm

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so they didn't come from the Quran, nor from the Sunnah, nor from any other previous source. And that came from the source code each month and each bar has been with us.

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Now

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so the Quran has provided an iron frame

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that stretches from where I'm sitting right up to the time the Quran was revealed, or iron chain rather, everything that I say when I sit here has to be connected right up to Revelation.

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Everything that I say must be they must be connected with ICA about Islam and the deal that goes right back to the Quran and Sunnah. Or one of the other sources of law, I cannot create anything new. If I create anything new, what is it called?

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It called Buddha. If I create anything new, it's called Buddha. I'm not allowed to do that. Why? Because all low must start at the Quran. Then the Sunnah. First Allah then is Messenger, then the sahaba. Then the tattooing. So we go, and that's a chain.

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So the Quran is also part of the chain because the Quran was revealed and verbally, nothing was written down, and yet and verbally given it off. And so it was that even up to today, despite the fact that we have

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we still transfer the Quran by word of mouth and memorization. And this will go on until the end of time.

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So this chain

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has also been implemented in other fields of obvious law, for example, in law. Let's look at some of what happened in law. Let's look at Abu Hanifa Wuhan Eva was the first of the four Hola, la Rashidi of the four Imams our mother.

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The Hanafi mother was the first one, the second one was

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second one was Imam Malik. Alright, we also Abu Hanifa based was based in Iraq in Iraq. And Imam Malik was based way in Medina.

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Imam Shafi and was based in many places eventually settled in

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Egypt. We die he settled in he died. But he was he traveled, we spent lots of time in Yemen. Lots of time in Makkah, lots of time in Medina, in fact, an age of 15 he was studying in math in Makkah, and he was given us he was he was allowed to be a judge, age of 15. He was so brilliant to the age of 15. Now that's Baca was not like when he came to Lansdowne he can to go go to the movie or No, no, he was 15 living in a city where most consciousness was consciousness.

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So that shows you the brilliant man that you know shopping. Then the last one was a

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Well

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no I didn't handle

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was the top student of Imam Shafi.

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He was a top student in Shafi.

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So one day another student of Imam Shafi came to me humble city you know

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let's take it easy man. You know when our when our teacher Imam Shafi is riding on his donkey, you should leave him alone and now you're gonna walk next to him and ask him questions all the time all the poor maritime

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students while live in the city, you

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stood on the other side of the donkey. You would not be a donkey today.

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You would have learned as much as I learned from our stances Han Allah because not even a minute they would leave him alone, of course when he's sleeping, but that is our students, your students, well, are you eager to, to learn from the from the teacher?

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So let's look at a chain of a Hanifa collected a group of disciples are about 120 quantified by the 100 220 students who studied

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for the years that he studied

00:31:18--> 00:31:19

Charmin

00:31:21--> 00:31:32

how old How long was he? How old was he when he died? I know you corrected me was it 7575? What Yeah, once 175 to 250 years that they lived from

00:31:34--> 00:31:38

180 to 150 8180, that's 70 or

00:31:39--> 00:31:43

80 to 170.

00:31:46--> 00:31:48

Or activity, however, long lead

00:31:49--> 00:31:51

with 120 students

00:31:52--> 00:31:53

and collectively

00:31:55--> 00:31:57

they contributed.

00:31:59--> 00:32:05

This is a big number. 1 million issues were discussed about deal in his classes.

00:32:07--> 00:32:14

In fact, he was such a brilliant Master of Teaching that you also had a subject called future studies.

00:32:18--> 00:32:19

future studies

00:32:21--> 00:32:22

where the future studies

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

future studies will tell you that the mambo Hanifa not only knew the for the Hadith.

00:32:30--> 00:32:36

You Bombo honey but look at Baghdad, Euphrates River and the Tigris River. Hold on through the

00:32:38--> 00:32:39

end he had

00:32:40--> 00:32:41

one day city students

00:32:43--> 00:32:53

know what will happen if these devils dry up and we got a contingency plan. If we got a plan, can you can we assemble the

00:32:55--> 00:33:09

engineers of Baghdad let us have the call a seminar to look at what we could contribute now the right questions asked about the geography

00:33:10--> 00:33:12

of Iraq at the time.

00:33:13--> 00:33:15

That is why it's binary.

00:33:16--> 00:33:26

All these billion issues, only about 90,000 came down to us 90,000 came down to us in writing. We had a very famous student called Muhammad ash.

00:33:27--> 00:33:28

Hamid

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

Ahmed

00:33:32--> 00:33:38

Abu Yusuf is the one very famous one he became the judge of that and the other one was Muhammad

00:33:41--> 00:33:42

Amelie

00:33:44--> 00:33:55

Pamela Shiva, Mohammed a Shaban very important. Is this a great you know, the great scholars you have to remember the names you know, I don't know if I was gonna ask you was it made the question of asking, you

00:33:57--> 00:34:07

know, don't ask is not part. But still it's good to remember. It's good to remember for your children, or you in a discussion you could talk about the great scholars of Islam, Imam che Barney

00:34:09--> 00:34:16

started recording or recorded all these issues that we'll discuss in the class you wrote down every class

00:34:18--> 00:34:22

and that was in the second century. How many centuries ago was that

00:34:24--> 00:34:27

2012 class

00:34:30--> 00:34:32

we are now in 2020.

00:34:37--> 00:34:43

This was this was Indonesia sorry mafia. So how many how many centuries that class centuries

00:34:46--> 00:34:53

you know, two dozen books 24 Books recording every single question that was discussed in the classroom in Abu Hanifa.

00:34:56--> 00:34:58

This 24 Books

00:34:59--> 00:35:00

was it

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

reduced to Oil Coffee P for over 100 a year, somebody came along and said use too much the Reedman is just gonna condense and take the same book and condense it. Then somebody else came along. And finally in the 12th century in the 11th century the final commentary was written on the original book of Muhammad Shava

00:35:23--> 00:35:51

but it was based on that book and only on that book came right down for 10 centuries they wrote commentaries on what a che BURNETT He calls it as a student of Imam Abu Hanifa. So the chain you see the chain nobody came in none of his students came along and said, Well you know, I'm gonna pick I'm going to be the new Abu Hanifa and I'm gonna start writing now they took all this stuff and 14th centuries How can you then you could make research on one man to work for 10 centuries

00:35:52--> 00:35:53

so

00:35:54--> 00:36:02

this thing is the legitimacy and the validity that other systems of law don't have they don't have that connection

00:36:03--> 00:36:14

they make new laws all the time brand new brand new brand new changing all the time. But Islam you must have the chain you break the chain as I said, you committing

00:36:17--> 00:36:17

sorry

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

some

00:36:24--> 00:36:25

other way All right, so

00:36:29--> 00:36:42

there's no other system of law that has this and many law systems collapsed and is out of sync nowadays it doesn't even exist anymore because of some

00:36:43--> 00:36:54

people who made laws made laws to change everything they just want to change everything then the other countries in other Parliament's that want to retain they want to remain

00:36:55--> 00:36:58

in the time of Queen Victoria don't change that don't change they don't change.

00:37:00--> 00:37:06

So some legal systems lost a lot of the law because they wanted to

00:37:07--> 00:37:08

change

00:37:09--> 00:37:16

and others didn't want to change and both fall into the same trap. They got lost along the way and they lost

00:37:18--> 00:37:25

it conceptually. Islam good old balance da mon harmonic balance between permanent he

00:37:26--> 00:37:45

says if a new situation comes up you're allowed to apply your new HD had you apply your mind to brain expecting new laws for the new situation because no new situations arise? As I said for example, the situation of can you can have a face over

00:37:46--> 00:37:56

the Filipina so what am I to apply the mind okay to decision something new or other new things? People say well, you know

00:37:58--> 00:38:18

smoking weed is not haram because probably didn't say It's haram nor does the Quran say anything about so where's your proof? Ratio? Zero I smoke weed But nowhere does it say I called smoke which show me the Hadith. Or show me in the Quran. I can't show you what I can show what I can do is I can tell him that everything that intoxicated is haram

00:38:21--> 00:38:30

everything that intoxicates everything that has the same effect as hammer hammer. So that is an analogy I use that I have and I base my answer on that particular

00:38:34--> 00:38:36

girl of course areas.

00:38:39--> 00:38:40

And this has to do with a

00:38:41--> 00:38:43

little bit of deeper insight into the

00:38:45--> 00:38:59

subject of a solution, which deals with a methodology of how to how to how to bring about law. So there's there are things which has, where there is room for application of the mind.

00:39:00--> 00:39:03

We can apply a mind to the to follow to,

00:39:05--> 00:39:14

to, to the car, or to anything else in the shed is part of Australia. There is Gaston County, but there are things that we can

00:39:15--> 00:39:19

there are Hadees we can look at and say what does that word mean?

00:39:22--> 00:39:28

For me, if I look at that word, and it means something and for somebody else it would mean something else. Give me give you an example.

00:39:31--> 00:39:33

A Beethoven came to the prophets of Salaam and he said

00:39:35--> 00:39:38

we live in a country with scarcity of water.

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

scarcity of water

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

how do we determine if we find water in the desert? How do we how do we find water anyway? How do we determine that that water is clean to take or do

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

or to drink?

00:40:02--> 00:40:04

Christian prophet had to answer all questions

00:40:05--> 00:40:07

and the prophets questions will be broad

00:40:08--> 00:40:16

when he gives an academic his answers will be broad so what did the Prophet say? I know Cassie you law you not just who who che?

00:40:19--> 00:40:30

Maybe the person asked assays water clinical unit five words. You don't tell him not to contest the water, put something in the water. Don't forget don't drink the water. No Prophet says

00:40:32--> 00:40:42

Allah will give you a lot of water from a block of water cannot be made impure. A lot of water cannot be dirty.

00:40:43--> 00:40:47

That is his answer. He says a lot of water is clean.

00:40:49--> 00:40:55

He didn't say a lot of he said a lot of water. You cannot impure rify what is it? What I'm looking for

00:40:57--> 00:41:07

contaminate particles you cannot contaminate. So now the question arises, what is the profit mean by lot?

00:41:11--> 00:41:23

It's a question open for determinations or any person. Any person who's a brain you can say well, my experience is that this is the prophet meant a lot of water mentors a lot of water.

00:41:24--> 00:41:32

And we find that Abu Hanifa for example, the jurists had a different view, because they all came from different places.

00:41:38--> 00:41:44

So have you ever said if you fell upon 15 feet long by 15 feet wide by two

00:41:46--> 00:41:49

feet deep, two feet deep, crusty Why 15

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

Anything nothing

00:42:01--> 00:42:03

nothing can contaminate that

00:42:05--> 00:42:06

you my bollocks is

00:42:08--> 00:42:23

urban jobs, urban urban John's that word made of clay. He said if we take two of the biggest urban jobs in Medina refillable water in those two we can put it together then it cannot be

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

contemplated

00:42:30--> 00:42:31

and what is the man who shot the

00:42:32--> 00:42:34

Imam Shafi talks about to

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

company Muhammad, you should know this word is old with color.

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

Color, two colors.

00:42:45--> 00:42:49

I didn't I didn't make a note of how much water that is, but it's also a lot of water.

00:42:51--> 00:42:55

But what I'm trying to say is that in the Sharia

00:42:58--> 00:43:22

although allows, Ramona is the Go Giver, but Allah also another thing, this prophet, also to allow the Muslims to apply their minds depending on where they are. Today when people say something different. Ask a person who cater what is what is that you would Oh, yes, provided provided everybody agrees provided that the smell and the taste and the color of the water doesn't change.

00:43:24--> 00:43:30

So if you look into our water, have so much water you see, looks like water tastes like water.

00:43:31--> 00:43:39

It's the color of water. Fine, you can drink it you can take control with it. So those three particles will also be present.

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

So this thing is the room that is grateful for each day.

00:43:49--> 00:43:52

But remember, each day hard must be based on what comes from allows.

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

So allows why not, for example, uses the word in the Quran

00:44:06--> 00:44:07

that

00:44:09--> 00:44:10

the waiting period

00:44:12--> 00:44:16

of a woman when she gets divorced

00:44:18--> 00:44:25

is three Kuru three Kuru. Allah's either use the word guru.

00:44:26--> 00:44:31

Now, the word core which is the singular means

00:44:34--> 00:44:35

a period

00:44:36--> 00:44:40

of quiet, bleeding or cleaning

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

lady should notice

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

anyway

00:44:51--> 00:44:53

it means a clean period.

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

So a woman after divorce must have three clean periods before

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

All

00:45:02--> 00:45:04

the divorce becomes final.

00:45:05--> 00:45:11

So an important thing to note about divorce is that when a husband says to his wife, I divorce you they still married.

00:45:13--> 00:45:20

When are we very important? This is extremely important. When a husband says to his wife, I tell you

00:45:21--> 00:45:22

what,

00:45:24--> 00:45:26

they're still married, why they still

00:45:27--> 00:45:30

because he can the next morning say I take back the clock

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

then what is what is remaining what is still standing there

00:45:39--> 00:46:06

so, so he has three menstrual cycles in which to reconcile with his wife. That's the reason why still married to based on married, so she must always ring during the period. And she is a married woman actually was before bed. You know, she wasn't like, way, suck three times thicker than what she wore before. Whatever know The holidays are and this is what makes it also her.

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

She's still married to

00:46:10--> 00:46:20

the two reasons why this an EIGHT during the two reasons why they interpret divorce. One is to see where this is pregnant. And the other one is to allow the husband to take away his work.

00:46:21--> 00:46:27

Because he was a professor at 50 years old, you know, why must you got to go into she she's not pregnant, and Oh, she got pregnant.

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

So it's not have to read. So those are the two.

00:46:33--> 00:46:43

So of course then means clean period, but it also means a menstrual cycle. There are two meanings. opposite meaning. Arabs use this word like that.

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

So now what do we do? We have a word in the Quran and many other words like this, we there's two opposite meanings. You apply both meanings. So Abu Hanifa chose the meaning of

00:46:59--> 00:47:04

menstrual cycle. So when a woman starts a third period, the marriage is over.

00:47:07--> 00:47:12

It all starts with a period called Abu Hanifa. The marriage is

00:47:13--> 00:47:21

no, no, no, no, she has to wash she has to take a bath first of the third period before she can marry anybody else.

00:47:23--> 00:47:24

Both acceptable.

00:47:27--> 00:47:30

So it is not like we in a in a cage

00:47:31--> 00:47:35

that we can't move to say, well, that's the law. That's the law.

00:47:37--> 00:47:45

No, there is also room for application. The only thing is not that is not allowed is to bring innovation,

00:47:46--> 00:47:48

to bring new things into Islam.

00:47:50--> 00:47:53

And the new thing that we're going to celebrate this week that we brought into Islam

00:47:56--> 00:48:05

is the celebration of the birthday of the Prophet salallahu alayhi salatu salam. I'm not going to give a lecture on this. But time is up.

00:48:06--> 00:48:08

But I just want to say two things.

00:48:10--> 00:48:11

One is that

00:48:15--> 00:48:19

listen carefully, because I will actually repeat the same words in front of Allah today.

00:48:21--> 00:48:25

And I'm very conscious of the fact

00:48:28--> 00:48:30

the prophets I said I've never celebrated his birthday.

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

Why not? We don't know

00:48:37--> 00:48:45

Abu Bakr because we say Yeah, we love the Prophet. We mo to give a man who says what we do it because we love the Prophet.

00:48:47--> 00:48:49

We love the Prophet more than Abu Bakr put up your hand.

00:48:52--> 00:48:57

Abu Bakr will be the first person to enter Jana after the Nabhi so long.

00:48:58--> 00:48:59

You love him more.

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

Now,

00:49:02--> 00:49:09

I'm gonna celebrate. They can even pass the proper facet on the day that he was born, fitted foster the day that was born

00:49:16--> 00:49:20

so neither the Prophet SAW Salem fasted on the day it was born

00:49:23--> 00:49:24

on a Monday,

00:49:25--> 00:49:28

not on the date he was born because he didn't know when he was born.

00:49:30--> 00:49:33

The duffer be honest, pure speculation because

00:49:35--> 00:49:40

the Quran refers to the prophets Burton says he was born when I'm

00:49:42--> 00:49:51

the year of the elephant. That's all we have. We only know he was born in the Year of the elephant. What day what date what month nobody knows he also doesn't.

00:49:52--> 00:49:56

But he knew he was born on a Monday somebody said on Monday,

00:49:57--> 00:49:59

but not Monday, the second of October.

00:50:01--> 00:50:02

But we know when he died

00:50:03--> 00:50:05

we died on the top of rugby villa.

00:50:09--> 00:50:15

Somewhere along the line somebody wanted to make a to make it sound good said to either of you.

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

Number two

00:50:19--> 00:50:23

you Imam Abu Hanifa Imam Abu Hanifa

00:50:24--> 00:50:27

didn't celebrate the birthday of the Prophet.

00:50:28--> 00:50:33

Imam Shafi. The minimum that we follow did not celebrate the birthday of

00:50:36--> 00:50:42

Imam Malik Rahim Allah who lived in Medina and died in Medina

00:50:44--> 00:50:46

didn't celebrate the burger

00:50:47--> 00:50:48

and

00:50:49--> 00:50:52

did not celebrate the birthday of the Prophet sallallahu.

00:50:54--> 00:50:56

Now, Imam

00:50:59--> 00:51:08

Al Bukhari the the Celebrate the Prophet, remember, Imam Bukhari hadith is next to the Quran is in authenticity, isn't it?

00:51:09--> 00:51:16

If you if you want to know where to go after the Quran, where do you go to find the most authentic hadith? You open up? So he

00:51:19--> 00:51:32

is the one Hadith he talks about the president of the Prophet, one from this great call of it. Neither any one of the other five said anything about celebrating the birth was the six of

00:51:33--> 00:51:34

six.

00:51:37--> 00:51:37

So why not?

00:51:39--> 00:51:49

They did not mention it. No, he didn't talk about it. No, they didn't discuss it. I mean, Imam Shafi was a great scholar he did discuss it, have you been able to discuss it?

00:51:50--> 00:51:52

Hardly ever discuss it even with his friends?

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

No.

00:51:56--> 00:51:58

So from the time of the province of Salem

00:52:00--> 00:52:02

so when did this discussion take place the first time

00:52:03--> 00:52:07

this discussion took place the first time in Cairo.

00:52:10--> 00:52:18

What is happening in Cairo? In Cairo, the fatty meats were ruling Cairo 600 years after the hijab

00:52:19--> 00:52:25

so the first time this topic came up was 600 years after the Juniper How much

00:52:28--> 00:52:29

is it not a better

00:52:31--> 00:52:34

if you introduce something into into the Dean after six seven it is what are you doing?

00:52:37--> 00:52:43

And why? Because the 30 mins mushiya And they ruled Egypt at the time

00:52:44--> 00:52:53

and they wanted to get closer to the students because the shears celebrate everything. Celebrate my husband's birthday in a person's birthday, say

00:52:54--> 00:53:02

party mother's birthday all the people that they said they wanted to celebrate they celebrate and assuming that we celebrate anything that's happening

00:53:03--> 00:53:08

in Egypt seem so nice also to celebrate what is even we can indent

00:53:11--> 00:53:21

to bring the Sunnis closer to us. So they discovered that they could introduce celebrating the birthday of Muhammad Sallallahu and so on of course in like us

00:53:22--> 00:53:23

the Sunni said ha this

00:53:25--> 00:53:31

sounds good. This This of course the Allah was against it. The scholars warn against the Imam nawawi

00:53:33--> 00:53:35

so that way it started

00:53:37--> 00:53:38

and how many years ago

00:53:42--> 00:53:44

100 years ago it

00:53:45--> 00:53:46

started

00:53:49--> 00:53:57

so I'm not telling you that you mustn't celebrate moment I'm telling you what I'm gonna tell Allah Allah I told you on this day in this mercy at all

00:53:59--> 00:54:04

because question is going to come up this question is going to arise when at the help

00:54:05--> 00:54:09

what is the health the how does the place be pond of water

00:54:10--> 00:54:12

on the day on the day off

00:54:17--> 00:54:17

there

00:54:21--> 00:54:25

and this will mark all of us will stand in the row in the queue

00:54:26--> 00:54:30

the profit will be hanging on the water so all the profit q2 First

00:54:31--> 00:54:32

the OMA

00:54:33--> 00:54:35

and all of us will come and and

00:54:36--> 00:54:38

those of us who

00:54:39--> 00:54:44

brought new things into the into the deen of Allah into the Sunnah.

00:54:46--> 00:54:52

The breed will stand in that person will come and the Prophet will want to give him water and he will say no, no, no, no, no.

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

But Mohammed No, no, don't do remote us. What do you mean don't give him water

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

keys were thought of my own money.

00:55:03--> 00:55:05

Don't give him one.

00:55:06--> 00:55:07

Profit. Ask why

00:55:08--> 00:55:20

subaerial will say, because he invented and practice new things. Grow that into your dean, which Allah gave you as a pure Dean which came from the Quran and from your son.

00:55:21--> 00:55:22

He changed it

00:55:26--> 00:55:34

that's how important it is to know what you're doing. And that's how important is for me to say this to you to tell you around.

00:55:37--> 00:55:38

Continuing,

00:55:39--> 00:55:40

I'm doing my duty.

00:55:43--> 00:55:52

And it's for you to take this further. If you don't believe me, go to your army. Go to your Mufti ask him these questions to the Imam Shafi celebrate.

00:55:54--> 00:55:56

The Prophet celebrate

00:55:57--> 00:56:03

the Abu Bakr celebrate well, then it goes on about the Prophet that he fasted on Monday. But then why didn't Abu Bakr following Brahma

00:56:07--> 00:56:18

be followed every act of the Prophet they walked like the Prophet, it looks like the Prophet, the ape like the Prophet Subhan Allah, by wonderful, the most important thing would have done was to celebrate his birthday isn't a

00:56:20--> 00:56:20

good thing.

00:56:23--> 00:56:23

This

00:56:25--> 00:56:28

is no reflection on our love.

00:56:32--> 00:56:38

Any person who tells you don't love the Prophet, because it doesn't go to him brother.

00:56:41--> 00:56:49

This has got nothing to do with my love to the prophets. In fact, Allah talks about in the Quran I'll repeat the verse, Allah, Allah says.

00:56:53--> 00:57:02

Tell the Muhammad, Allah talks to the provinces, tell them tell them what in contrast to a Buddha Allah, if you say you love

00:57:05--> 00:57:08

Allah says to the Prophet, tell the Muslims

00:57:10--> 00:57:20

called the Muslims Quraysh far what idol worshippers tell the Muslims in country. If you say you love Allah, because who says they love Allah?

00:57:22--> 00:57:24

operation to be the idol worship as

00:57:26--> 00:57:26

we say?

00:57:28--> 00:57:33

So what does Allah say? Unless it's old Mahatma go the Muslims who say they love Allah

00:57:35--> 00:57:39

what mostly two factor they only tell them they must follow you.

00:57:40--> 00:57:43

But can you only follow me?

00:57:46--> 00:57:53

Follow tell them follow me. What will happen is they follow Mohamed Salah what does it mean follow him it means follow the Quran and the Sunnah

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

what will happen to you if you follow the promises

00:58:04--> 00:58:06

yes Viva como. Allah would love you

00:58:10--> 00:58:12

to come to Nova and he will forgive yourself

00:58:14--> 00:58:14

in a lot

00:58:19--> 00:58:20

more than than a concert

00:58:21--> 00:58:22

more than a second

00:58:24--> 00:58:25

this is also

00:58:27--> 00:58:31

a heads up as they say to the heads up for us to look at everything that we do

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

to scrutinize everything

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

for us to do this

00:58:38--> 00:58:40

profit do this it's hard

00:58:41--> 00:58:48

I've been making all about our grandfather my mother my father made more than maybe before then they make more

00:58:50--> 00:58:51

easy for me to

00:58:52--> 00:58:55

I lost off my family because I say it to be that

00:58:57--> 00:58:59

I lost three quarters of my friends because I said

00:59:00--> 00:59:11

we never bid ask this for Shabbat Oh these things which was never celebrated by the Navy. So I have to tell you this. I can't prevent you. I can't force you.

00:59:12--> 00:59:19

But my content let's be clear that I told you and now if you still think that you still like to do

00:59:21--> 00:59:21

ask

00:59:25--> 00:59:25

a lot of

00:59:28--> 00:59:28

guys

00:59:30--> 00:59:32

like us firm in

00:59:36--> 00:59:41

our jihad in retirement if you live on Long Island Salam aleikum, wa Rahmatullah.

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

They may not be close next week, I don't know yet. But if there's not of course, if you have a name on our books, then we will you'll get a you get a whatsapp to say.

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

I'm not sure you can only know by Friday. So

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

It

01:00:06--> 01:00:07

was