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The Dynamics and Dimensions of Islamic Law
Channel: Faaik Gamieldien
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hamdulillah Al Hamdulillah Ahmed who was standing on a movie on a taco alley
Well now that we learn him in Cerulean personalmente Marina lady love alone will build La Hoya you do you follow Heidi Allah?
When I should Oh la la la la la la, la sharika wanna shadow Mohammed Abu or a solo? solo Toby was Allahu alayhi wa he was heavy. Woman da da da what he he Isla Yogi Dean, ama bad
blood brothers and sisters in this llama Salam aleikum wa rahmatullah hit Allah wa barakato.
Today, inshallah will be a prelude to a series of lectures that I intend to give on Islamic law of Islamic law being my subject of research.
I, I'm looking forward to the series of lectures in sha Allah.
I want to tell you that my master's thesis was on Islamic jurisprudence particularly, and I had written a thesis on
some of the judgments that are given by the whole of Russia don't see them abakus in the hallmarks in Holly das man, and for my doctoral thesis, I translated the thesis, I translated the manuscript from Arabic into English,
which deals with the position of the layperson when it comes to deciding
how to deal with all the different opinions that we find in the face of Islam. We, for example, have four basic ones, Shafi,
Hanafi, hanbali and Maliki. So how do you deal with this? How does an ordinary person deal with this? How does a sharpie I deal with this because I've been where we are,
follow Shafi mother in Cape Town, but we know of course,
that our Deen is not based on the shafia mother our Deen is based in the Quran. And so now from where Imam Shafi derived all his rulings, which he put into one
into one container, as we put it, to make it easier for people who cannot be buried at a vehicle, do all the studies that he did, and did a great favor to humanity.
But I think it's also important for us as Muslims to know, what is the link between
our practices and going right back to the Quran and Sunnah. I think that he that is what I'm going to teach you inshallah, which of course is called the science of pseudo fake out foundations of law, but we'll go into the, the definition of what a soul really means. So if it is a fundamental science,
it is a science that every Muslim has to know to understand his Deen. In fact, his whole Deen cannot be understood without having studied
the subject of surah.
So these are very important days for me and for you, gives me an opportunity again, I
gave lectures on this in the early years of I returned to Cape Town, after finishing my Master's in Malaysia, and I haven't really gone into it in depth again, and now inshallah, I will take this opportunity of doing it with you in Sharla. So this is a great opportunity to really go, I know, you know, I know that you probably most of you haven't studied, so well.
So, I will not go very fast, I will go slowly. And today inshallah, what I will do is I will give an introduction to the dynamics and the dimensions of, of what is called Islamic law, generally samygo can be faked, it can be a little thick. All this comes under the umbrella of Islamic law.
And secondly, I have to tell you that
I'm also going to allow people to write questions to me on Facebook and not not not on not while in life, because I won't be able to concentrate on the lecture. So you'll be able to answer questions and I will tabulate those questions and I will, inshallah, maybe after every lecture,
I will answer one of your questions or if it's related to the topic, then I will do it while I'm doing the topic.
All right, Lee. Let's look at
the generality of Islamic law compared to other legal systems that we have a particular two legal systems also based on, on revelation. So we find that the Torah
which is the which means the law, Torah, in the Hebrew means the law. So the Torah basically is a book of law right?
And then we find the Injeel or the evangel, which is the gospel
is the gospel.
And of course this is the Injeel.
The Torah was revealed to be musala so to Salaam and the Injeel was revealed to Nabi Elisa Elisa to Salaam.
And the Injeel, particularly was was revealed to Nabil
Elisa to Salaam in
Tibet to lighten the burden of the law at the time. The Torah which never he said an elephant from w Moosa. That was the law g also implemented his attitude was that
it turned people more from the practical implementation of the law to the spiritual aspects of the law.
So a lot of the law in the time will be easily sorta Salaam was
not watered down but was made more panels to bow to the Jews of the time.
But the Sharia
of Islam, which is extracted in Thailand, absolutely, or found founded rather, and based upon the Koran, and this is my most important part of the sentence. And Sunnah Mohammed Salah Salah, because you can't have one without the other one, Sharia
which means, the literal meaning of Sharia means the way or the road or the path of water in place.
And the desert for the Arabs, this is a very meaningful phrase, because it meant the path to paradise, because paradise, water was. So the word Sherry
means that path will lead you to water.
In other words, in a spiritual sense, it means which leads you to Jenna. In a more worldly sense, it means it leads you to that which will lead you to gender, it will lead you to that knowledge which will which will take you on the pathogen.
So, Sharia then, when we when you hear people say Sharia and many people just speak glibly about Sharia, Sharia is that law, which when you hear the word Sharia you think only Koran and Sunnah
and waipara angsana. We know Quran is a revelation from allows for Abdullah to the Prophet sallahu wa salam by gibreel Allah salatu salam, and the sooner the sooner is, the one can omit a commentary on the Quran Burnaby South Salah. But what does Allah say about this commentary? What does Allah say about these words of Mohammed Salah? Because there are a number of people in the world law sections of Muslim who say but you know, we mustn't, the sooner we don't know whether it's authentic or not authentic with the Quran, we know it's authentic, so we should just stick to the Quran, but it's an impossible task. It's not only possible it's, it's empirical. Because Allah tells us in the Quran
and exhorts us in the Quran, what does Allah say?
Well, Amma Taku rasuluh whatever the messenger has brought you take it. Cuckoo Cuckoo is a
is a is a verb of command. Let's just take it whatever he gives to you clicking
one manakamana Phantom and whatever he
prevents you or prohibit you from
Phantom stay away from it. Don't go
and allows for how the law says that
the prophet SAW Selim legal speak from his own knifes from his own self from his own house or from his own desire. But it was the revelation from Allah
Lai, antico and in our in Hawaii Illa Allah says he did not speak from his own desire in what Allah what you have, but it was a revelation. Everything he said and did was revealed to him by laws, in different forms, in dreams in sending gibreel
and giving him inspiration to do that which is right.
So you cannot you cannot
disconnect or disentangle the Quran from the sun.
Just as you cannot disconnect La ilaha illAllah
Muhammadan rasul Allah, they go together without Mohammed Omar Hello, we will not have that Sharia that pathogen. So what is this agenda Allah tells us about the agenda, but
Allah doesn't give us a shout out to the agenda,
the way to the agenda, the Sirat to the agenda, which is another word. So the prophet of Islam came to show us the path to the chain.
there is no
to a Sharia, the law of Islam.
everything in Islam, the civilization of Islam,
and the legal of Islam, the essence of it is
essence of Islam and the essence of the civilization of Islam history. And you can use the N word to read we get in the world, how then the
that the whole of Islam, and the worldview of Islam is based on one
La ilaha illa Allah and inshallah I will want to give you some of the beautiful insights into
the the, the art of the Hague. These are all
aesthetic qualities that the heydays doesn't only mean that there is only one Allah, that one is extends over the whole of creation. And the beauty of that one is,
is inclusive of the whole of creation on and talk about that next week because I can't talk about law unless I've spoken to you about the rate. The rate is the foundation to understanding everything in Islam.
So, the Sharia is no parallel, the Sharia amongst all the legal systems and religious issues always speaks both in terms of spirituality or spiritual terms in spiritual terms and talks in material terms. Whenever our last one talks about Salah talks about Zika whenever Allah azza wa jal anythings will talk also about the practical side of that action. So for example, if you look at
look at look at circa
the rich men of the world,
the rich man, the rich people of the world, the rich Muslims of the world,
well not go to gender unless the poor people of the world take the soccer.
Look at the interaction, the rich people of the world and the guys in the middle. The rich man is there, he can't attain it if you make salon gives any any goes for hi Jamie Foxx, and the beauty of football of the heat and the beautiful part of the Sharia of Islam. Now, Islam deals in the Quran,
ultimately, with the three dimensions of human life.
The Quran, and this is what we talk about all the time.
And what is my position in the world around me, when I as a human being and as a Muslim, when I look at the world
these three things,
the Quran speaks about origins, the Quran speaks about our destiny, the asker and or an speaks about
our surroundings, our past, that is the academic subject,
that we can change our destiny we can
and our origins we can look into and learn from them. And also
we have control of our destiny.
By implementing the plan and the sooner we control our destiny to lead us to the agenda inshallah.
And the only thing which is around speaks about and the three things which the Quran speaks about, is the Quran speaks about pfam peran speaks about understanding. Quran speaks about applying your mind, the Quran speaks about using each at heart, applying the mind, because this is as I said last week, what makes us greater than angels? What raises us degrees above the angels
out, not not knowledge, because the angels also knowledge, they said, Oh Allah, we have no knowledge in law, except the knowledge you told us. So that knowledge, what didn't they have and what didn't they have, which we have, they had, they didn't they don't have and they will not have and they never had and he
Dependent understanding of the world around where they could apply their own understanding and come to their own conclusions.
We have that.
So, our station where our last handle is higher than the station of the ages,
we can decide
to be obedient
or we can say not to be obedient to our last choice, file my choice.
So in the field of thought, the crown speaks a lot about application demand in the field of
Coronavirus says you don't apply your mind you don't apply your thoughts do not apply our understanding. So if Allah gives you understanding of the deen
there's a Hadith of the Narcissus along with Navy SEALs Salaam said, either or the law who
if Allah subhanho wa Taala wants to do good to somebody.
If allow us to do hail to anybody want to shine with his blessings? What does he do?
It gives him understanding of the deal, not just knowledge of the deal, he gives him
the ability to apply his mind because you can't understand anything if you don't apply your mind.
So there are many things in the DNA to just memorize. If you don't apply your mind to it, that isn't a gift from Allah.
Philosophy good to you, he makes you apply your mind
Secondly, the Quran talks about emotions and sentiments, talks about that talks about feelings Toko talks about relationship between husband and wife to children and pets.
And then the Quran and the Sunnah, both talks about our daily activities outside our house, aka how we deal with our neighbors and so forth and so on, etc, etc.
when we look at the Quran,
as a book of Revelation,
we see the Quran is about a quarter of the size of the Bible that you could pick up on.
And you can put your top pocket a small cat in your pocket.
This Quran, as we know, is memorized by millions and millions of Muslims.
And this Quran, as you know has answers for everything. It only has 6000 plus minus 6600 verses
and only 200 to 300 of these verses speak about
the laws that govern us.
So the legal part of the Quran only 300 verses 200 or 300 verses, even if the whole on all 6600 versus a to be about legal issues, but law but marriage in this region seven on the 6600 verses would not have been enough. So how is it that from 300 verses of the Quran, we could construct
a whole civilization of law
and we can create law that has not been created by people before us, even after us.
I mean, the first bad man to write a book on international law
was who was a Muslim?
You wrote a book on Syria international relations between nations.
The West came maybe five 600 years that was 800 years ago the West came long after that in writing about international relations. And of course, they international relations is not based on
respect for each other respect for others allegiance respect for the for the humanity. No, the United Nations is about what it's about self interest, we know that it's about
the interest of the country. Don't act in the interest of your neighbor will act in the interest of humanity.
was then at the forefront and started a lot and Roscoe pound talk about Islamic jurisprudence,
or Islamic jurisprudence Sharla you'll get to know what it's about.
Islam is the only faith and civilization that starts its laws with jurisprudence. What is your experience? It gives you a methodology of how to get the law from this from the revelation, how to extract low from Revelation.
And Mr. Shafi was the first man in Islamic law to put two
Students in a book form
called the risala.
the first band to write into students in the West was
left 500 days before Roscoe pound, the great.
sociology began sociologist was not only in the late 18th century wrote about jurisprudence, he called it analytical jurisprudence.
But it was so far ahead today, so
we can be proud of our Dean, Mashallah. And of our Sharia.
People don't do this talk about No, no, no, sorry, I'm with integrate Western law to Sharia. And we must abandon Sharia to go holla that is
a person who says you must amend the Sharia to fit waist and know that there's so many Muslims out of the fold of Islam, yes, to reread this Shahada
matoba. And really, why? Because he checks the terrain of amongst panel, which allows for him that is the master of everything.
Later, the genesis of everything starts with a lot with Isaiah 16 believed that to do near the universe was created by our laws.
We are sustained by Los Angeles and all the knowledge we have, it comes from a loss
is unless it to the angels, Allah,
I know what you do not.
So Allah knows everything will be careful. We talk about aligning the law with us and aligning. And I can tell you, eventually, Western law as we call it, or South African law, will get closer and closer to natural law.
And what is natural law, the law is law.
polygamy is a natural state is the natural state of men.
It's always been the natural state of man. It's been practiced by not if not all, but most of the profit or loss are listed as an example. What we do with it that is
the obstacles that we put in the path of it, the negativity that means that we see that that's from us.
But the law is from our laws. And it is a natural state for those who
practice that part of the Dean of our last panel. So if we look again, if that's the Quran, if you look at the Hadith of the Navy solo,
we find that there's approximately about 50,000 a hadith of that.
Maybe 3000 speaks about law.
And that 3000 Mashallah, suffices us the Quran and that we can talk about cryptocurrency going back to the Sunnah in the Koran, we can declare whether it's haram not on the basis of what we think or what or what the Constitution says or the Bill of Rights is no, oh what
kind of economics is no if somebody says something Hello, where do we go?
We go to the scholar the witch died. Or you say we have this thing called Bitcoin Can you please examine it for us? We have ingredient in this is this halaal Gold exposit halaal Where do they get what they did all of that have studied that subject? They make the research and they tell us what it's hella
we'll come back to that, that I am connection that I am chain chain of connection, because what I'm telling you now and the Quran and Sunnah was revealed more than 1400 years ago. It has to have that connection.
That is the connection that is the uniqueness of Islam. So there are Hadith Mashallah,
in conjunction with Revelation the Quran has the answers for every conceivable situation that may arise
from the time it was revealed until the day of Yeah. so naughty him it now allows hydrolysis in the Quran sanitarium it nephele OFAC wafi anthracene hacked diet obey you know,
Allah says, We will show you
it now, Tina.
We will show them yet in our signs
unforeseen in themselves, when they study their body in themselves, what we are facing what unfolds and in the horizons, in other words in the universe, in themselves. So this is the universe on its own. Allah telling us that this human being
is a universe on itself and we know that he so Allah says, You are looking to yourself when you look
At the universe, and what will you find?
that lies the truth and the Chronister
millions and millions of people accepting Islam on that basis have to bow down and say, This is the truth,
nothing to the story.
next week inshallah I will tell you what the difference is between Fiq and oufit very important for us to know these brothers and sisters, this is essential knowledge,
essential, you must know, what is still here, what is what is this?
What is Hadees inshallah Allah gives me, my strength and my health and my time on this dunya I would hope to quit to cover some of those sciences, the signs of honey scientists, the texture of the Quran, the signs of soul fit the signs of may 15 already.
So cities divided into
fear of personal jurisdiction and fit of territorial jurisdiction,
lack of personal jurisdiction is
let's make the law following a Muslim.
And he himself governs that, Phoenix Allah, not because
this is gonna get it.
He makes it because he is in charge of himself, he has got jurisdiction over himself to raise academics allowed to go for high too fast, you'll get into experiments, this is all within his power, then this territorial jurisdiction, things that you can't do unless you have the authority to do it in a particular place, or you live in a particular place. So if you have an Islamic State, and you commit some crimes, certain kinds of crimes,
there's a death penalty for it.
No, I don't say this, it definitely allows for that imposes the discipline. So don't tell me that, oh, that's barbaric. And we have to now abolish the death penalty, and so forth and so on. No, no madness, allows continents.
That is the biggest constraint for people not committing those kinds of crimes, like rape and
highway robbery and all these things.
If they know they have to give their life.
It's like a restraining
So when we look at
when we look at, let's, let's look at the law of some of the other religions in the world. Now we know that
we say sometimes we don't do as we say, but we know that our law is entirely based on the Quran and Sunnah.
What a beautiful, relaxed idea that you don't have to go and invent anything, you just have to apply your mind usage the hard way up what you have read in the Quran and Sunnah and come to a decision based on your own findings.
So we've Maria with into law and Jewish law and the law of Hammurabi and Roman law, I mean, students of law in all these four legal traditions, Hinduism, Judaism, and Roman law, there is no jurisprudence
developed much later. So, in Jewish law, there is no jurisprudence. In Hindu law, there is no jurisprudence. There's no methodology of constructing law.
Hammurabi, no jurisprudence didn't exist does exist.
In Roman law, sorry, math, Roman law, it took 1300 years for Roman law to develop a jurisprudence, any of the lawyers can,
can conduct this statement.
And he took Islam Muslim jurisprudence
after the first entity of Islam, and within time took 400 years for us to develop our own jurisprudence.
And the first as I said, book is written by Michel Foucault or dishonor.
jurisprudence, very important point also in the waist is theoretical, and what you can't do anything with it beautiful and nice and analytical, and so forth and so on. But you can't use it as a tool as a as a method to create law.
In the west Parliament's create law, the Sovereign, the king makes a law the pilot makes the law
in Islam, so they don't even judge rulings. They say, look, we think of what is right and what is wrong and we take that what is legally applicable or not applicable and we write it down in a book and we make it law
and everybody has to
whatever it may be.
In Islam, it guides the judge.
Islamic guides, the early it guides, the scientist, guides, guides, all
the knowledge which allows for how well it's given us,
in order for us to use it for the benefit of humanity, and of course when it comes to the DEA for us to be able to understand and to live in this world, and to do things legitimately in terms of what Islam demands and require of us.
So I've said to you that
you've heard the word fatwa. So somebody who's a fatwa, say about the moon, who say about something which is halal, or say about marriage or divorce or about Bitcoin, or whatever it may or Islamic Finance, if there's something called Islamic Finance, which a discussion on its own.
We know that if anybody gives a fatwa on this has to based on the Quran and Sunnah,
which means we're now sitting in 2010. And whatever we're going to say now, there's that iron chain that goes right back to
the revelation. And the sooner than evisa, salah and the practice of a tunnel by the companions of Muhammad sallallahu alayhi wasallam.
and that gives the factual legitimacy. So you can't just say, Well, I'm the Mufti. What did you ask me? Or I think you should do it this way. You should do that. No,
he must tell you that I have applied my mind and I have found this hadith or that is, or extracted from the, from the underlying meaning of the verse or underlying meaning, but there has to be a connection. And that is legitimacy of Islamic law.
How do we determine our law, not in a parliament, not by people voting, two thirds majority to enact a law? No. Our legitimacy is taken back to
the Sharia. Was the Sharia, not Sharia? The Sharia? Sharia is the name of
Sharia means the law
allies the law giver. So if you trace the law back to the Quran, where were you chasing rose back to you Tracy euro back to
Allah, hi, Natasha. And in at the same time, to the sooner Mohammed Al salam, which is also revelation
allows for hunter to be subtle Allahu alayhi wa sallam.
So we find that if you look at for example, in this
world, this particular article, which I'm referring to, he talks about Abu hanifa and his disciples are bonafide about 200 disciples.
And they wrote fact out on about can you believe this a million issues.
And he was the first man to to develop the concept of a man the hub and to create a mud hub must have been equal to a path counselor with the habit
to walk along a particular path.
They look at the milling issues. And let me tell you, let me explain to you how these buildings and all these building issues based on the Quran and Sunnah.
The currently 6600 versus get 1 million issues are based on Koran and 50,000 or less more proximately hadith of than Elisa Allahu alayhi wa sallam.
About 90,000 of those rulings, was written down and came down to us between 90,000 and 100,000 of the median pizza around figures.
in bookfull, to eventually
in the 11th century,
the last synopses of those 100,000 questions that were
resolved in Baba hanifa was brought into one book called the hidayah.
From I don't know how many volumes to
in fact, they can put it in just one volume
So this is the chain of legitimacy. Abu hanifa Ravana was great man Panama.
He was for me
with a limited sources is that
the greatest, the greatest legal mind that ever lived was a body
of great understanding.
To give an example
of his mind, your classes in the masjid, wherever you had it, open to the general public.
And all of that time in Iraq, all the professionals used to come and sit in the front row
of the mostly to learn. Unfortunately, we don't have that today. We go and sit everywhere else to learn, but we will come to the mercy to learn.
It's really very, very sad.
And, and, and one day, Abu hanifa came and he said to his students, or to them to introduce to you a new subject,
the signs of future studies.
what was the future studies? She had all the experts in front of us, you know, the two Greg rivers runs through Iraq, the Tigris and Euphrates, and he told the people that are qualified in that field, you know, in water and rivers and so forth and so on. He said, I want you to draw up for me
what these rivers will be like in 50 years time, or 100 years time.
And what will it be like if we look after it? And we What should we do to it, to keep it as pure and pristine as it is today? was one of the issues I did discuss. But just to have the idea of future sorry, so heinola in the time when people
could read and write, and he was, he wasn't lucky. He wasn't which day? You're supposed to be a bit of Dean. But always mind wait. So when of Dean need to know that when we are men have degrees also think outside the box? Yeah, bonnyville was thinking right outside the box.
So we find in that
Hinduism is no Hindu law.
The other day still Christian law.
Nobody quotes Christian or anyone in Parliament if you want to make a law.
No, all the laws are just the law of the land. Christians follow the Bible in the church, and they follow the law of the land outside of the church.
Islam has said that the whole world is a church, though world isn't magic. It's there to practice your religion. Wherever you are in the world. You can pray wherever you are. And wherever you find yourself, you have to practice the Sharia with the New York London, Cape Town.
in Cape Town, I must now follow the law of this African Parliament new stems of Islam Yes. In other things that you need to follow the government law, but everything else which person and religious, you follow the law of Islam.
And so, Islam also the traditions of Islam also is that it harmonizes
balance a balance between permanency and change.
Why did Indian law, suffocate and die? And why did Christians or suffocate and die because they didn't know how to keep the balance between
permanency and change how to be prone and to change at the same time.
They couldn't balance that they couldn't remain where they were and yet change at the same time. Islam Subhan Allah could keep this balance,
permanency and change.
I'm gonna give you an example. Simple example.
The province of Salam was wonder asked by a Bedouin
a man of the desert and travels on Camelback all over
all the atoms we'll be doing in a sense because they all traveled on camels and donkeys and so forth and so on. So this veteran came to the Ibiza Salamis he complained about the scarcity of water in the desert
and this is a water in the desert in a mistake we'll do mix Allah we have to drink from it and so on and so on.
And he says my question jasola is if I come across water, and I don't know whether the water maybe adult lake in the water or whatever, is the water cleaner with the water not clean.
So the prophet SAW Selim said to him,
the mouth feed lion just
listen to this answer.
say to him, a lot of water cannot be polluted?
What is the property? Take 10 liters of water can be polluted.
Oh well of water can be polluted.
etc. A lot of water can be polluted.
it's open for interpretation. For the rest of you for the rest of time.
When the property, a lot of water, What did he mean?
Abu hanifa said, the promises are made by a lot of attorneys. This is what he says, of course, he could never have known what the prophet meant. But in his mind, he says 15 feet long 15 feet wide and two feet deep. If that is the size of the water, then that water can never be
that then water can never be polluted. It cannot become dirty.
Mr. Malik says
two big oven jars full of water. And you know the times they know what the biggest size of oven oven job was, it kept water from what he said. And honestly, they'd have to have that together in a place or in a in a container and nothing can polluted no matter what the dog can take from it that can fall in. Wanted 660 sinks to the bottom the word will be clean, you can use it for those who needs to drink.
that's just one example of permanency and change.
Many that the interpretation of this can change as time goes on in terms of the amount but a law be permanent
that a certain amount of water cannot be polluted.
It's for you to decide.
You don't follow hanifa Imam Shafi Mushaf talks about cool attain
and that is 500 pounds of water can you measure 500 pounds of water when you when you have to decide whether it's clean or not. You can you can guess you can see Well, I see there's a lot of stuff in this water but all this stuff is sunk to the bottom, the water on top looks clean it looks like a lot of water. This below
so I'm just gonna ask you about to the doctor's office or something, a lot of order cannot be polluted.
I'm happy that I could start this series of lectures. Now last 100 as I say, give us the strength to continue and give you know if it wasn't for you listening to me, and being so so enthusiastic to listen to me I would not be doing this. So you could look forward to quite a few lectures on Hulu, and inshallah we'll start the next week. Well Lord Allah Allah
wa salaam aleikum wa rahmatullah wa barakato.