Haitham al-Haddad – To Establish Justice Was NOT Mentioned

AI: Summary ©
The speakers emphasize the importance of shaping for achieving the highest goals of the century, including achieving justice and civilizations. The law is applied in the correct way, but it is applied in the wrong way. Shaping for building a successful nation includes promoting Islam and building civilizations.
AI: Summary ©
In the name of Allah, the most Gracious,
the most Merciful In the name of Allah,
the most Gracious, the most Merciful Peace be
upon the Messenger of Allah Peace be upon
you Brothers and sisters and friends And we
are going to be talking about a very
important topic which is about the high intents
or the high objectives or the objectives of
Islamic law In other words, the philosophy of
Islamic law This is something that I'm interested
in I don't know much about and that's
what we have with us today our beloved
Shaykh Haytham Al-Hadad May Allah bless him
and preserve him As-salamu alaykum wa rahmatullah
Wa alaykum as-salam wa rahmatullahi wa barakatuh
Jazakallah khair brother Hamza May Allah reward you
Ameen, Ameen you too Shaykh Jazakallah for coming
down So, I remember almost 15 years ago
I sat in a session with you concerning
the Maqasid The objectives of Islamic law And
I found it so fascinating the way you
presented it I don't remember much but because
I like philosophy and that type of stuff
I really found the way you framed it
very, it was intellectual but it was profound
And this is why I want the audiences
to understand this topic So they understand the
superiority of Islamic law but also its application
across time And that it facilitates human flourishing
in a Dunya sense, in a worldly sense
and an Akhira sense So, let's start with
the basics You're teaching me this now, yeah?
And therefore teaching the audience What is Maqasid?
What is this topic?
Give me an understanding of what this is
Start from the basics and we start unpacking
the complexity Jazakallah khair Jazakallah khair brother Hamza
Of course, we have a limited time So,
there is an introduction that I might need
to not go through it I might need
to omit in order to get into the
topic in this one hour First of all,
what do we mean by Maqasid?
Maqasid, just simply the higher aims of Islam
The higher aims of Sharia, the higher aims
of the Islamic law What do we mean
by that?
We mean or what it means Does Islam
intend to achieve something behind the detailed laws
that we have?
Does Islam want to achieve something behind the
detailed laws that we have?
So, let us talk generally Now, we know
that Islam commanded us to worship Allah Islam
commanded us to establish Tawheed Islam commanded us
to establish the five daily prayers Islam commanded
us to do Muamalat in a particular way
The social transactions The social transactions and the
financial transactions as well Does Islam want us
to achieve certain goals behind all of this?
This is what it means Now, when we
say obviously Islam is not an arbitrary religion
It is not an arbitrary way of life
Definitely, Islam wants us to do these particular
rituals or to follow certain guidelines in terms
of financial transactions, social transactions Islam wants us
to achieve certain goals Definitely The second question
comes Those goals, are they goals limited to
this life?
Or are they goals limited to the hereafter?
Or are they goals for both?
This life and the hereafter And so, this
is just the overview Now, how do we
know that Islam is really trying logically as
we said Islam aims to achieve certain goals
Logically, a great religion that managed to build
the greatest civilization known to humankind And managed
to survive and flourish in different cultures And
take over other civilizations So, it has a
level of civilization that goes beyond the Roman
civilization Goes beyond the Persian civilization Goes beyond
any other civilization And even currently now, the
civilizations that we are witnessing now We still
as Muslims who understand Islam We feel that
Islam is far superior than those civilizations Maybe
we could not prove it physically But intellectually,
we can prove it and we believe in
it So, if Islam, forget about the situation
now But Islam managed to flourish And take
over different civilizations And be a better replacement
for those civilizations So, definitely Islam has certain
goals Certain higher aims and objectives to achieve
This is logically Now, if someone said, ok,
but is this mentioned in Quran and Sunnah
This is like the simplistic way of approaching
such matters And you know, some of our
brothers They, out of simplicity They think that,
oh, unless you show it to me in
the Quran directly And you show it to
me in the Sunnah directly I'm not going
to believe in it Which is a very
simplistic approach, to be honest with you And
I want our brothers to be more, you
know, intellectual Than this simplistic approach Be careful,
I'm not saying that Asking for a dalil
from Quran and Sunnah is a simplistic way
No, no, no I am asking that Sometimes
the dalil from Quran and Sunnah Is not
what we think of That Allah explicitly says
that The Shari'ah has aims and objectives
Some people think that the dalil is this
No, the dalil, yes, is definitely taken from
Quran and Sunnah But the way the dalil
is understood Needs some intellectual exercise Yes, it's
like you're developing an usool almost Or principles
It's an aqeedah issue, because Allah is Al
-Hakeem Yes, definitely He is the wise, Allah
has the totality of knowledge and wisdom He
has the picture, we've got the pixel To
say now the law has no higher wisdom
or divine wisdom Is going against basic creed
Excellent, so this is a dalil Yes And
some people might say But it's a principle
as well That it creates a frame to
understand the specifics Absolutely But what I mean
is some brothers out of simplicity They say,
where is this?
You told me that Allah is Al-Hakeem
But this is not a dalil This is
what I'm saying No, it is a dalil
Absolutely It is a dalil, don't be just
over Don't be shallow in your understanding In
your approach Ok, so this is absolutely As
you said, it's a matter of aqeedah This
is the most important dalil But we have
even more closer a dalil Ok And how
to extract those adillah or proofs From Qur
'an and Sunnah We need to see, to
survey the Qur'an and Sunnah And to
see where Allah mentioned that I have done
all of this in order to do something
So I have something like I have revealed
Sharia and Islamic law to achieve this Something
like this I have sent prophets to achieve
this So if we find something like this
in the Qur'an Then we say, oh
yes, it is in the Qur'an These
are the higher aims and objectives of Sharia
Or the divine intention Yes The divine intention
What Allah wanted to tell us Of course,
quote and count the intention Yes, is it
right to say that divine intention But let
us use it in a very, what is
it, metaphorical way Sure Ok We see in
fact, there are so many verses in the
Qur'an That talk about what we just
mentioned One verse that is known for everyone
And we always quote it The verse of
Surah Al-Dhariyat وَمَا خَلَقْتُ الْجِنَّ وَالْإِنسَ إِلَّا
لِيَعْبُدُونَ I created Jinn and Inns for I
want them I created them and this is
what I want from them Which is what?
عِبَادَة Yes, to worship Allah To worship Allah
Jalla wa Ala And then Allah Jalla wa
Ala confirmed this مَا أُرِيدُ مِنْهُم مِّن رِزْغِهِ
وَمَا أُرِيدُ مِنْ يُطْعِمُونَ I don't want anything
that is physical He doesn't need provision And
he doesn't need provision He doesn't need ibadah
He created us to worship him Of course,
absolutely Allah is Al-Ghani He is rich,
he is free, he is Al-Samad Absolutely
independent And even if we don't worship him
That will not add anything to him That
will not take anything from Allah Jalla wa
Ala It's good for us Exactly And that
is also linked to the maqasid of sharia
by the way And it's good in the
dunya and the akhira In the akhira, yes
So this is one verse Also we see
some other verses Allah Jalla wa Ala also
Because this is related to creation So some
people might say But this is related to
the purpose of creation To worship Allah Jalla
wa Ala Also, we see another verse of
surat Surat Al-Lam Yakinu Al-Ladhina Kafaru
Allah Jalla wa Ala says Wa Ma Umiru
Illa Li Ya'budu Allaha Mukhlisina Lahu Al
-Dina Hanafa Wa Yuqimu Al-Sala They were
commanded to worship Allah Jalla wa Ala So
Allah Jalla wa Ala here is talking about
his commandments The purpose of commandments Not the
purpose of creation And all of both are
the same So the Qadr Al-Qawni, the
Qadr Al-Shari'i are the same So
no one can say But that is the
purpose of creation Not the purpose of Shari
'ah No, the purpose of Shari'ah is
the same thing Because Allah Jalla wa Ala
says what?
They were commanded to worship Allah Jalla wa
Ala alone Yes Okay We can in fact
The more we investigate The more we see
similar verses Allah Jalla wa Ala says in
Surat Al-Hadeed لقد أرسلنا رسولنا بالبينات وأنزلنا
معهم الكتاب والميزان ليقوم الناس بالقسط This is
really interesting And okay This is really interesting
Allah Jalla wa Ala said We have sent
prophets So now when we listen to this
We need to pay attention So now this
is the very part that we are talking
about Yes The very matter that we are
talking about That Allah Jalla wa Ala is
talking about sending what?
Prophets, all prophets لقد أرسلنا رسولنا بالبينات وأنزلنا
معهم الكتاب والميزان We sent them with proofs
And we sent with them the book and
the Meezan Okay, interesting Why Allah?
To establish justice The Meezan And then Allah
Jalla wa Ala says what?
ليقوم الناس بالقسط To establish justice To establish
justice Oh, Subhanallah And then Allah Jalla wa
Ala further said ليقوم الناس بالقسط Yeah وأنزلنا
الحديد فيه بأس شديد ومنافع للناس وليعلم الله
من ينصره ورسله بالغيب And for Allah wants
to see who is fighting for his cause
In order to aid the religion of Allah
Jalla wa Ala Okay, so this is another
purpose That Allah Jalla wa Ala wants to
see who are what?
Who are sacrificing for Him Okay, interesting So
now we added what?
So we had Ibadah We had what?
Establishing justice In fact, we see establishing justice
throughout the Quran Allah Jalla wa Ala says
إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُعَدُّ الْأَمَانَاتِ إِلَىٰ أَهْلِهَا
This is a major commandment in Surah An
-Nisa Allah commands you to what?
To fulfill the trust Yes أَن تُعَدُّ الْأَمَانَاتِ
إِلَىٰ أَهْلِهَا وَإِذَا حَكَمْتُمْ بَيْنَ النَّاسِ أَن تَحْكُمُوا
بِالْقِسْطِ That you judge between people according to
justices We see also another important key verse
that even it was attributed that some of
the Khulafa said We need to read this
verse in the Khutbah of Jum'ah إِنَّ
اللَّهَ يَأْمُرُ بِالْعَدْلِ وَالْإِحْسَانِ وَإِيتَاءِ ذِي الْقُرْبَى وَيَنْهَى
عَنِ الْفَحْشَاءِ وَالْمُنكَرِ وَالْبَغْيِ يَعِظُكُمْ لَعَلَّكُمْ تَذَكَّرُونَ
Ibn Mas'ud رضي الله تعالى عنه He
was a great Sahabi and he was a
scholar He said this is the most comprehensive
verse in the Qur'an in terms of
halal and haram And many other scholars said
something similar Allah جل وعلا says إِنَّ اللَّهَ
Allah commands you to establish what?
Justice And to go one step above justice
Which is what?
إحسان Justice You take your right, I take
my right إحسان What does it mean?
It's goodness, excellence Aha And in excellence, above
justice So above the minimum Justice is the
minimum For example you go to some Arab
marketplaces or in North Africa And you want
to buy some dates And what do they
do?
They throw extra dates just in case Yes
So that's a nice example Or they give
you more They give you more yes They
throw a few more just so it's over
the balance So they didn't cheat you Yes
They're absolutely sure that they've kept the kind
of social justice transaction Even, let us take
about more examples In courts Courts are meant
to establish justice Not to maintain Ihsan Islam
says You took your right I take my
right But it's good to what?
To forgive Yes of course Forgiveness is part
of Ihsan Yes It's a higher virtue It
is a higher virtue And mercy is part
of Ihsan And this is unique for Islam
No other religion by the way No other
system has this value Yeah Islam is stressing
on this Reminds me of the verse Sheikh
And this obviously we know the backstory concerning
Abu Bakr But it's one of my favorite
verses Forgive and overlook Do you not want
Allah to forgive your sins?
So forgiving others is connected to Allah forgiving
you Exactly yes I remember when someone came
up to me And forgiveness And the story
that you were referring The story of Abu
Bakr And it is his right to stop
Spending on the person who insulted Yes His
daughter Absolutely He can Anyway it was It
was a Sadaqah from him So he is
not obliged to Let alone that this person
You know Insulted my daughter Or accused her
of something Allah said no Abu Bakr You
are a higher person Absolutely Yeah Forgive And
overlook And overlook Do you not want Allah
to forgive your sins?
To forgive your sins So Allah is connecting
it to His forgiveness Which in a way
when you forgive You gain everything Yes So
These are These are higher aims and objectives
of Sharia So we added now what Al
-Adl Justice Establishing justice So we mentioned The
Ibadah of Allah Okay Worshipping Allah Worshipping Allah
And we mentioned establishing justice Okay We see
also some other verses Okay So we see
For example That Allah Jalla wa Ala says
He created death and life Oh Now this
is something big What for ya Allah?
To test you So this is To see
who is best in conduct Exactly So this
is This is This is another aim Okay
We see Allah Jalla wa Ala Saying in
the Quran In Surah In Surah Al-Ahzab
Yes Allah Jalla wa Ala says We have
presented the amanah The commandments of Allah Jalla
wa Ala On heavens and earth They declined
They cannot They could not carry it Human
beings They carried that Because they don't know
What are the consequences Then what did Allah
Jalla wa Ala say?
Allah Jalla wa Ala said So
Allah Jalla wa Ala wants to punish The
hypocrites and the disbelievers And Allah Jalla wa
Ala wants to repent Yeah To accept the
repentance Of the believers So This is another
Higher aim Because Allah Jalla wa Ala said
This is what I did I presented the
commandments My commandments Which is something major Something
You know Fundamental Okay We can But these
are Now The The main Verses There are
some other Connected verses to them Now this
means that We have One aim is to
worship Allah Jalla wa Ala Another aim is
to what?
To establish justice Another aim is to Be
tested Allah Jalla wa Ala wants to test
us To be forgiven To be forgiven This
is connected to Testing Now Are these aims
Connected or not?
And the reality is that Yes They are
connected Yes Worshipping Allah Jalla wa Ala truly
Will lead to what?
Establishing justice Because Worshipping Allah is not just
a private matter Exactly It's individual, social, political
Everything Yes So that will lead to establishing
justice Which means that If you don't worship
Allah Jalla wa Ala It is very unlikely
that you will not Establish justice And So
if you don't worship Allah properly You won't
establish justice Yes If you worship Allah properly
Holistically You will establish justice You will establish
justice And this is what we see that
The Prophet Sallallahu Alaihi Wasallam The Prophet Sallallahu
Alaihi Wasallam When he was asked about The
greatest sin Yeah And the Prophet Sallallahu Alaihi
Wasallam said Is to what?
To associate someone To worship someone Shirk Yes
While Allah is the only one who what?
Who provided you And Allah Jalla wa Ala
called shirk Dhulmun Azeem Inna shirka la dhulmun
azeem The greatest oppression The greatest injustice Injustice
Yes So which means that Injustice is a
holistic term Yeah Which means that Justice is
connected to Ibadah Ibadah, true Ibadah As you
said Is connected to justice Justice, holistic justice
again Yes Holistic justice Not as we understand
it Therefore Therefore The Ibadah And establishing justice
Yeah They are like Two sides of one
coin Subhanallah Yeah It is the same reality
Establishing justice truly Yeah Cannot happen Unless you
what?
Surrender to a super power Yes Allah Jalla
wa Ala Because we know Yeah Now we
are talking little bit more philosophical We know
Ya Sheikh Hamza That Human beings If they
don't believe In a super power above them
To keep them under all They will commit
injustice Yes Yes And by the way This
is now even western and philosophical are talking
about this You know when they killed George
Floyd This discussion came again Which is That
You know the power of police Power breeds
injustice Power breeds corruption And then the discussion
came again How to make sure that power
does not lead To corruption and injustice And
we have seen now Yes Alhamdulillah Congratulation to
our brothers and sisters in Syria Congratulation for
the entire Muslim Ummah That we got rid
of this dictator Yes Dictators normally will commit
what?
Injustice because of the arrogance of power Yes
We have seen this in front In fact
Are you telling me that America doesn't create
Doesn't cause injustice They are the cause of
the global injustice in the world Yes for
sure Yes So power Power breeds injustice And
this is you know It can Yes No
it is definitely going to Lead to injustice
Unless You have a delegate authority from the
one who is the source of all power
Allah Yes but put it this I like
to put it in this way Unless They
believe that there is a super power above
them That will hold them accountable For what
they do Absolutely Yes And we had this
in our history You have the famous righteous
Caliph Umar Ibn Abdul Aziz When he said
Oh people put wheat on the top of
the mountains So the people don't say we
kept the birds hungry Hungry Yes They were
worried not only about Serving human beings They
were worried about the animals Animals Subhanallah And
see You know Thomas Hobbes 1660 something Yeah
He in his book the Leviathan Yeah He
mentioned something He said if there are two
powers Yeah Fighting To What is it Acquire
something that cannot be divided Between both of
them They will end up what In a
state of war Unless there is what There
is a power above them To keep them
under all And this is what Allah says
In the beginning of the revelation In Arabic
Human beings will progress If they see what
Themselves Self sufficient Yeah Now there is a
point here I know a bit of tangent
But it is a fundamental point Muslims Yeah
Are the only People who are qualified To
have power Yes And to become a superpower
Without committing injustice Yes Because we have a
world view That we believe to be true
And we could prove it to be true
And we hold principle We are not going
to make our God in the morning And
eat him in the evening You see this
with what happened in Gaza So called humanitarian
law International law All of a sudden It
is nothing now Exactly It is basically Veils
to hide The arrogance of the current superpowers
But in Islamic tradition We have our non
-negotiables We cannot go beyond these red lines
Allah said something We have to be just
to these people To all people We cannot
transgress that Because we are going to be
held accountable Yes That is the key point
Because you know that You are going to
be held accountable And not only held accountable
Look at the justice of Allah Allah Jalla
wa'ala Yes as it was mentioned in
the hadith Allah Jalla wa'ala forgives The
sin between you Between us and him But
the sins between us And other human beings
Allah Jalla wa'ala doesn't forgive them Unless
the other human beings forgives That's why the
prophet s.a.w. said If there is
any injustice between you And your brother in
the dunya Try to reconcile now Before what?
Before the day of resurrection Where the reconciliation
is not taking place Yeah By physical By
money By no By hasanat And we know
that Ok your hasanat will be given to
those Whom you committed injustice to And once
you run out of hasanat Their siyat will
be put on your shoulders And the person
will be thrown in the fire of *
Unless he truly repented to Allah Jalla wa
'ala Then this is the mercy of Allah
Jalla wa'ala Allah Jalla wa'ala will
help him To reconcile with the other person
So in summary we see that Allah Jalla
wa'ala mentioned Among that his intent Yes
Which is the higher aims and objectives of
his sharia Of his revelation Ok To worship
him To establish justice Now and to test
the human beings What is the link between
all these three?
Yeah In fact as we said It is
just like two sides of one coin Yes
Establishing justice comes through Submission to Allah Jalla
wa'ala alone Submitting to Allah Obeying his
commands Is an expression of worship Exactly And
by the way Establishing justice See just a
quick point Can human beings establish justice Without
revelation?
This is a big question We can discuss
it later Yes Yeah which is Which is
related to tahseen and taqbeha Yeah the mu'tazila
debate etc And I'll give you a summary
for that Values can be seen Including justice
Can be seen of two circles The core
of the values Yeah And the outer circle
of the values The core of the values
It is the rahma of Allah Jalla wa
'ala That human beings were born Created upon
fitra So they The natural disposition The natural
disposition So they know the core Allah Jalla
wa'ala put in them The core values
For example the broad category of justice We
have an intuitive understanding Of what that means
Exactly So for example we see that Any
human beings He would see what the Syrian
regime Have done to his people That this
is injustice Yes No one You don't need
revelation for that You don't need revelation for
that Any human being would see Any human
being He would say that when a big
man Is killing a small boy That this
is injustice You don't need revelation And to
say that you need revelation For these kind
of intuitive Basic fundamental values Is making a
mockery out of revelation Because Allah uses these
words In a way that the target audience
Would understand Yes So why is Allah using
the word justice What is it Yes Because
this should be known It's so funny I
can't even communicate it Yes When Allah says
rahma When he says justice When he says
ihsan The target audience Which is obviously The
Arabs of the time They understood what that
meant Yes Generally speaking In general yes But
there are specifics Which revelation informs Exactly So
the specifics now Which is the outer circle
So this person who killed a child What
is justice To kill him Life for life
Or to imprison him Ok to imprison him
for 20 years Is this justice 30 years
10 years Because you are punishing the family
as well Ok so where is justice Absolutely
So the specifics is from revelation So now
we need what Revelation in order to tell
us what The details of this value Of
justice But this means there is a role
of the intellect Of the intellect here Oh
definitely Who said that the intellect is discarded
Who said that we should not You know
Our community They are like when it comes
to issues of law Commands, revelation Like ignore
the intellect No no no no This is
We will have another podcast to talk about
The role of intellect No no no Allah
jalla wa'ala praised the intellect In the
Quran As our Sheikh Jafar Idrees May Allah
jalla wa'ala give him good health and
long life He said show me in the
Quran That Allah jalla wa'ala spoke Or
condemned the intellect Or spoke negatively about the
intellect Impossible No Ok so Now these are
These are Higher aims And they are all
connected What about testing people Testing people Is
embedded in the Ibadah So Allah jalla wa
'ala created a human being To test them
Whether they are going to worship him Or
not Yes and the way you react to
the test Is By worshipping Allah jalla wa
'ala So this is You pass the test
You do it in a way that Allah
wants you to To do it To react
to the test And by the way Sheikh
Shankiti Ya rahimahu Allah He said Wa ma
khalaqtul jinna wa'al insa illa li'abduna
I created jinn and ins to worship Me
He said To test them Whether they are
going to worship me or not Ya So
this is You know That's why we say
the dalil Don't just read it And think
that this This is a dalil Don't be
over simplistic There is a hidden meaning Ya
And you have to understand How to extract
The meanings From the Quran And it's very
deep because The whole concept of worship The
whole concept of Ibadah Abadah Which means subjugation
But many of the ulama Ibn Kathir, Ibn
Tamim and others They said this is the
Peak of love And the peak of submission
Yes It's love and submission Yes So all
of this Is embedded within it Is love
as well Loving Allah Ya This is Now
we will come to this As a second
Ya But let us establish That Ok Now
we establish that The higher aims Exactly The
higher aims And objectives Of Ibadah Is to
Definitely worship Allah Jalla wa Ala I like
to put it like this And worshipping Allah
Jalla wa Ala Is a test for us
And worshipping Allah Jalla wa Ala Is the
only way To establish justice Yes Ok And
Part of establishing justice Is to promote anything
That is good And to what To Prohibits
anything that is bad Yes It is connected
to justice Some people See that it is
connected to justice Some people say Now we
need to Mention it as a separate aim
What is Ihsan?
Ihsan Ihsan Excellence No, this is Maybe a
little bit different Ok Why The Prophet Sallallahu
Alaihi Wasallam said In Hadith Musnad Al-Imam
Ahmad I was sent to perfect What?
The Akhlaq The Akhlaq So The Prophet Sallallahu
Alaihi Wasallam said This was my mission To
perfect Which means We already understand There is
a basic understanding Of what good morals and
But I want to Perfect them Yes Which
means that Enhance Once of the One of
the High aims And objectives Of Islam Is
to perfect People's character Excellent Which is So
Now we have Ibadah We have establishing justice
We have promoting anything That is good And
forbidding that is evil But also This is
the summary Of the higher aims And objectives
of Sharia But isn't also In Surah Al
-Baqarah I think verse 30 You have For
example When Allah says I'm going to send
down A viceroy on earth Isn't that also
A Maqsad An objective To take care of
earth Okay On every level Environment Politics Spirituality
Society Family Let us come to that The
viceroy Okay Is it connected Sheikh?
It is connected It is connected Let us
come to that But Now When you think
about it To worship Allah And worshiping Allah
Is the only way To establish full justice
So Now we want to establish Justice on
earth And to promote Anything that is good
And to forbid Anything that is evil This
is all What is needed To what To
Do this Khilafa This Imara Of earth Yes
Of this The earth Of this earth Of
the world Yes What is it?
What do we need?
Yes To establish justice To promote Whatever Is
good And to prohibit What is evil And
now Look But justice is also here Connected
to Rahma right?
Justice Because of the Ihsan element as well
As you mentioned The ayah previously So it
is not like Because I don't want people
to think The English word justice In a
kind of secular sense In Islam Is far
more comprehensive It is linked to goodness It
is linked to mercy That is why we
said Yes That is why we said We
said Worship Allah Jalala Leads to establishing justice
And promoting whatever Is good So Ihsan Rahma
Is part of that Yes And prohibits anything
That is what Evil Yes And these are
the qualities Of the Ummah Allah Jalala says
Why you are the best nation Ever raised
to mankind Because you enjoy What is good
And prohibits what is evil And you believe
in Allah Jalala Now let us go One
step further You know You asked me in
the break About the What the scholars mentioned
Yes About what are the Maqasid Because we
categorize them In certain categories Like preservation of
life Yes Preservation of religion Yes Preservation of
lineage Good Preservation of the mind Yes And
so on and so forth Let us discuss
this before I go one step further But
this is not static In the Islamic tradition
Yes This is one thing Now see Preservation
of life Preservation of wealth Preservation of Of
mind Intellect Preservation of Honor These They were
mentioned By Ghazali Ghazali died 505 And then
After Hijrah After Hijrah Yes sorry And then
Ibn Taymiyyah These are milestones In the In
the discussion Of Maqasid In the development In
the development Of Maqasid As a science Yes
The Maqasid were there Yes Okay So Ghazali
mentioned this Ibn Taymiyyah Mentioned some other Maqasid
He mentioned testing As a Maqsid He mentioned
Perfection of Akhlaq As a Maqsid Yes That
is beautiful Exactly And then No one Shatibi
Also spoke about Maqasid Yes Spoke about Maqasid
In a In a general sense But he
did not say Maqasid Al-Sharia Are as
follows He didn't say this Even Ghazali didn't
mention this Even Ibn Taymiyyah didn't mention this
They All what they mentioned is Wa Al
-Sharia Taqsid Taqsidu Al-Sharia Tarmi Sharia intends
to do this Yes Islamic law Wants to
achieve this Yeah Then Until Recently The Al
-Lal Al-Fasi One of the One of
the One of the Tunisian scholars Along with
Al-Tahir Ibn Ashur Yeah They started to
talk They This is This is Fort Sorry
80 years ago Around 80 years ago They
started to speak about what To speak about
The Maqasid And they celebrated what Ibn What
Al-Ghazali mentioned Which is the five higher
aims and objectives Of Sharia And then the
world celebrated that Or the scholars celebrated that
More and more Which is Preservation of life
Yes Sorry Preservation of religion Preservation of life
Preservation of intellect Preservation of wealth Preservation of
honor And they said Sharia came to Achieve
this Preservation of lineage Of lineage Yes Now
We say yes Sharia came to Achieve this
But you cannot say that these are The
higher aims and objectives Of Sharia It's not
the only ones It can expand them Yeah
It is the only ones but they In
fact They are second They are Of the
second more Detailed levels After the higher aims
And objectives of Sharia That we mentioned Which
is what?
Which is Ibadah So what you mentioned is
In a way The core Yes The very
high The very high And the other ones
are Expressions of them Yes And there could
be more Yes Definitely There are more So
the question here is How did they develop
The Maqasid Say ok So For example I'm
really astonished Why they didn't mention Establishing justice
As a Maqsid Although It is very clear
in the Quran And by the way From
an academic perspective Once I mentioned this in
front of Some academics Doctors in Usulul Fiqh
And they said There must be a reason
Sheikh But you know This Preservation of religion
Lead to that I said ok If they
lead to that We should mention first What?
Establishing justice As the higher aim Not to
just to mention What leads to that This
is very interesting Especially Establishing justice Is the
language that the Quran used More than preservation
of religion Preservation of life Preservation of wealth
and honor Yeah Mention it as what?
As a higher aim of Sharia I'll tell
you something else Where is security?
Amin Peace Subhanallah Yeah Where is it?
In those aims Yeah They say preservation of
life Ok So mention first of all That
establishing justice Which leads to peace I think
as well Sheikh I'm just thinking aloud From
an analytical perspective They came from an environment
When you had Islam As the dominant Ideological
force You had relative security And peace And
maybe they weren't thinking On a macro level
Maybe Because they lived in that system Maybe
But you for example So you From an
analytical perspective You have in a way The
luxury of being Outside of that Well it's
not luxury Because we want it back Yeah
I'm using that word From an intellectual perspective
That you have now the ability To think
that way Because we don't have That establishment
of the Deen Ok I understand that Let
us accept it as an excuse Yeah Ok
But that doesn't mean It's an interesting insight
Sure Yes But that doesn't mean That we
get stuck with that Yeah Agreed And the
interesting thing One brother He was a doctor
He said Wallahi Sheikh What you mentioned Is
One of the Thinkers mentioned it Mohammed Amara
And he sent me A long essay By
Sheikh Mohammed Amara The Egyptian thinker And scholar
Where he said Why the maqsid of justice
Was not mentioned And then he surveyed The
Quran and the Sunnah And he said It
is a clear maqsid In the Quran and
Sunnah Why they didn't celebrate it Yeah Yeah
I mean As you previously mentioned It could
be the case That the maqsid That we
just mentioned Of Al Ghazali May Allah have
mercy on him It's implied That if you
preserve life And Deen Yeah maybe Preserving justice
And so on and so forth And by
the way Al Ghazali He didn't make those
As the higher aims And objectives of Sharia
He didn't say And the higher aims And
objectives of Sharia Is preservation of Deen Etc.
etc.
He didn't make it like this In fact
The ilm of maqsid As a separate science
Is relatively new Relatively new In fact not
relatively It is a new Sure Those who
At-Tahir Ibn Ashur And Allal Alfasi As
we said They died in 1360s Hijrah Yes
Which is almost 80 years ago Yes They
celebrated this And then This ilm al maqsid
Became a separate Independent science Yes Of course
It doesn't mean that It did not exist
It did exist But like Asul Ilm asul
al faqh Like Language Yes Grammar language It
used to exist But as a separate Crystallized
Yeah Formulated Science Was not there Sure Ok
So Now We understand that Among the higher
aims And objectives of Sharia Ibadatullah Ibadatullah Leads
to what Establishing justice Leads to what Promoting
what is good And prohibiting what is evil
Yes Leads to Establishing peace and security And
by the way Ok The prophet When he
came to Medina What was the first hadith
he mentioned I don't know Yeah This is
an interesting And let me give this as
a gift For our brothers and sisters in
Syria Yeah How to And this is This
hadith I wrote Different academic papers I presented
them In different academic conferences Yeah How to
establish the Islamic state Yes Reflection upon one
hadith Subhanallah Yeah Reflection on one hadith I
submitted different papers And I remember I gave
khutbah About this hadith During the time of
Just before the time of Mursi And in
the beginning of the time of Mursi May
Allah Jalla Ala Have rahma on him In
Egypt Ameen The prophet When he came to
Medina He clarified his manifesto To run Medina
To rule Medina Yeah He said So he
is addressing what All the people Not believers
Because he knows that In Medina there will
be believers And there will be disbelievers There
will be The people of the book The
Christians And maybe atheists etc The Jews Yeah
Jews Sorry Jews I mean Yeah Mainly Jews,
Muslims And maybe Christians And of course Yeah
We see this in the treaty of Medina
Yes What did he say O people Spread
peace Subhanallah Spread peace Peace Peace Which means
that He knows that The higher aim And
objective Of what Of my mission As a
prophet Is to establish peace And just by
common sense You are coming to run a
country What is priority number one For a
human beings Peace Peace After salam Then Share
food Feed the poor Feed the poor Which
is what Which is Economical Peace And security
Economical security Yes And then Wasilul arham Maintain
the ties of kinship Social security Of course
I am summarizing it Otherwise the benefits of
that Are huge And then the prophet Said
You will enter Jannah peacefully This is what
I Promise you That you will enter Jannah
Let us not be diverted And Now The
first dua In the Quran What is the
first dua In the Quran After the dua
of Guidance Of asking Allah Guidance The first
Dua mentioned In the Quran Is the dua
of Ibrahim Peace be upon him When he
wanted To what When he made dua For
Mecca What was it My lord make This
a safe country O Allah make This country
As a safe Secure Country Or city Or
city Yeah So what is it Peace The
prophet said Peace Peace So Ibrahim Said peace
Allah give them peace See Can you see
the match Between both Absolutely Yeah This confirms
the theory And then what did he say
And then Feed them The prophet said Yeah
Very interesting Okay You see the similarities Absolutely
Symmetry Exact Which
is what Which is the Spiritual Connection With
Allah So As Muslims How to establish A
country And I'm I'm telling Also the I
sent to Or I wrote an article Meant
to be For Taliban When they took over
Yes And same thing This can be applied
To Syria Priority number one Is what Peace
Yeah There is no dawah There is no
peace So sheikh That means Muslims are people
of peace People of salam We will come
to that Maybe we'll have We'll have a
long Session about it Okay Peace in the
country Absolutely There will be If you go
to And then the second one Is peace
in terms of economy Security in terms of
economy Economic stability Economic Stability or Security If
you go to A homeless person And you
start Giving him Giving him dawah Will he
listen He will say man Feed me first
I'm hungry And then talk to me about
Islam Yes or no If people are killing
each other Will there be any Room for
dawah If there is Civic Outrest Yeah Outrest
or Chaos Yes Yeah And that's why the
prophet Sallallahu alayhi wa sallam In the Bakkan
period There was no jihad Because jihad Then
it will be Civic war Civil war Yeah
Civil war There will be no dawah Peace
Is mandatory Is one of the highest Aims
and objectives Of sharia Establishing justice Promoting what
is good Prohibiting what is evil Is what
These are the higher Aims or And objectives
of sharia That lead to Establishing what Security
And peace Okay So these are The top
High aims And objectives of sharia So the
question now is How do we use these
In the modern world And how do we
do it in a way That we navigate
The specifics Okay So We don't want To
Go too fast With our minds And think
Okay well you know Islam says Promote peace
Security But then to take it to the
degree Where it now Undermines the specific Rulings
of Islam Okay Or If there happens to
be a Particular friction Between a particular ruling
And what we perceive To be the higher
objective How do we navigate Can I just
before Answering this question Because this is a
very Valid question This is the Crocs of
the matter As they say Yeah Let me
just When I talk about Ibadah Let me
just mention Something that is I mentioned it
Sometimes And many people said You know Sheikh
Wallahi This Really have a Transformational Effect on
our life When we say Ibadah The essence
of Ibadah Is the glorification Of Allah The
essence of Ibadah Is what The glorification Of
Allah What does that mean That you glorify
Allah Allah is the biggest Allah is the
highest Allah is the greatest You No one
will worship Allah Unless he believes That he
is The greatest The biggest The most magnificent
Yeah And After that comes The love of
Allah And then the fear of Allah But
one would argue As well Sheikh That You
know If worship is like The peak The
summit The height of submission And the height
of love Glorifying Allah Is a natural expression
Of that If I If I love something
the most If I Submit myself To something
the most Naturally I am glorifying That entity
Yeah Let us not get into This discussion
This before this Or that before this But
Just one question How Do you submit To
someone What motivates you To submit to someone
What motivates you To love someone The most
By virtue of who That being is Yes
Yes So unless you believe That attributes He
is the highest He is Unless you believe
That he is the greatest Of course Well
that You can never submit To Someone who
is not The greatest Yes So it is
not really Submission Yes So that is why
we say The essence of Ibadah Is what
Yeah of course And you cannot love It
is glorifying Allah And you cannot Love someone
Who is not the greatest In your life
Absolutely Or the one who is The most
loving Or the Lovingly Merciful He is Al
-Rahman He is Al-Wudud He is Al
-Bar He is the greatest benefactor Yes So
that is why Agreed Good point Yeah So
it is We worship Allah We love Allah
We glorify Allah By virtue of who he
is Of who he is Absolutely And that
is why If you want to worship Allah
more You learn his names And attributes And
that is why Brothers Please Brothers and sisters
I say Please Whenever you do Any act
of Ibadah Don't do it As what A
tick box I prayed Dhuhr Tick Prayed This
Might You know It will Inshallah Remove the
obligation Sure But the best Ibadah Is when
you what You worship him Because you want
to Glorify him Absolutely Yeah Allahu Akbar Yes
When you read Quran You read Because you
want to Glorify him And brothers Please Do
put that In your mind That you want
to Glorify Allah Wallahi That will motivate you
To pray Yeah More That will glorify That
will Encourage you To do more Tasbih Of
Allah That will motivate you To enjoy Anything
that comes From Allah Because you want to
Glorify him More So sheikh That was a
very Insightful point And I've used that actually
Because you taught me this Many years ago
You know there's this Whole discussion of Should
we recite the Quran Even if we don't
know The meaning I know there's A big
debate Yes of course You have to The
whole point of the Quran The objective of
the Quran Is for guidance Yes But you
framed it Very easy We have to be
careful One of the objectives Of the Quran
Because it's a shifa It's a healing And
so on and so forth But One thing
that you said Was amazing Recite the Quran
With the intention To glorify Allah Yes Yes
That changes everything It changes the debate Right
Wallahi Although I do really believe That you
need to do Tadabbur of the Quran Ponder
over the Quran You know when Allah says
Do they not ponder Over the Quran Or
their locks on their hearts Meaning the more
you ponder The more your heart Will be
open to Allah's Mercy and guidance So in
my view And you can correct me on
this One of the highest goals Of the
Quran is for guidance Right It's not just
to recite Definitely But If you don't know
the Arabic Or you don't access the meaning
Reciting it If you have the intention To
glorify Allah Is rewardable Of course Without a
shadow of a doubt Yeah But you changed
that for me Because there is a debate
Even amongst the I know I know Why?
Because we We evaluate Everything In a very
Mathematical way We evaluate everything According to Coming
from an engineer Yes That's why I You
have You've progressed Into the liberal arts And
the humanities No That's why I said I
agree I don't agree with engineering It's too
binary Exactly I don't like it Exactly Too
binary Black and white I have this Sorry
This might be a bit personal But I
have this view That I wouldn't really Go
to a sheikh If His background Is very
binary Yes Because you're dealing With social nuances
Yes Exactly I don't know if I trust
Your ability to apply The Quran and Sunnah
In this context Yes Because you don't know
How to ask the right questions Absolutely What's
the context What was the intention What was
the social variables These are deep questions In
fact Most of the sharia Is not binary
Yeah yeah sure Most of the sharia Is
not binary Brother That's another podcast Yeah Inshallah
Yeah Now we have many Just Recall them
So yeah The list Okay so Now So
going back to the main question How do
we now apply The maqasid But I want
the brothers And sisters Just to summarize Please
brothers and sisters Think of the glorification Of
Allah Jalla A'la In all of your
act Wallahi brothers and sisters You will love
Allah You will enjoy You will enjoy Just
talking to Allah You will enjoy Believing in
Allah You will enjoy yourself Because you feel
that Allah is the closest to you Yeah
You will enjoy making istighfar Wallahi brothers and
sisters I swear by Allah That when you
commit a sin You will make istighfar Out
of embarrassment Before out of fear That Allah
Jalla A'la Is going to punish you
Yes It is Wallahi It transforms you You
will live in the paradise of the dunya
When you glorify Allah Jalla A'la like
this You will have an intimate relationship With
Allah And you will have a romantic relationship
With Allah And you know Now when Unfortunately
when When we talk about this They say
Oh this is a Sufi approach Call it
whatever you call it But this is the
reality وَمِنَ النَّاسِ مَنْ يَتَّخَنُوا مِنْ دُونِ اللَّهِ
أَنْدَادًا يُحِبُّونَهُمْ قَحُبِّ اللَّهِ وَالَّذِينَ آمَنُوا أَشِدُّ حُبًّا
لِلَّهِ They love Allah More than anyone See
not more than they love anything else No
Way beyond that More than anything loves anything
else Subhanallah Even Ibn Tamir said that You
taste the paradise of the dunya Which is
the dhikr of Allah Yes But when you
do it what?
Not to tick the box Of course sometimes
we are tired etc Do it But always
what?
Try to encourage yourself to what?
To do it out of glorification Out of
love I'm driving Say in the evening The
athkar you say One of them is سُبْحَانَ
اللَّهِ وَبِحَمْدِهِ أَحَنُّ تَيْمًا Sometimes your mind goes
elsewhere Sometimes you're tired But even if you're
doing it mechanically What has helped me is
what you've said I'm The very fact I'm
doing it Is because I'm glorifying Allah Exactly
Yes So if your mind drifts or it's
mechanical Don't let shaytan think Oh you're not
doing it properly Don't let shaytan make you
think that Right?
Absolutely This is a great thing It changes
everything Yeah yeah yeah Emotional And subhanallah It
makes you more encouraged to do ibadah And
the ibadah is easier for you Yeah You
understand the real intent behind it Okay Now
let us come to your point Because we
are coming to the end of this session
Although this really is a discussion We need
a pause to be honest Yeah Now Let
me mention something Minor but it is major
The high aim and objective of shariah Ibadah
to Allah that leads to established justice Anything
that goes against injustice That is not from
shariah So anything that goes against justice is
not from shariah Anything that goes against justice
Yes Is not from shariah Okay Simple So
if you apply any islamic ruling And that
leads to As you said It is It
goes against a higher aim and objective of
shariah Then stop Stop There is something wrong
in your application of that Subhanallah Yeah That's
why This is needed even for our brothers
and sisters in Syria To understand How to
implement now Islam Yeah The context is different
There are minorities There are women who are
asking for their rights They have They have
The Zionist next to them They have They
have these challenges They have So if they
think In a micro way This is another
discussion If they think in a micro way
They cannot run the country They need to
start thinking what?
In a macro way And they need to
think of these higher aims and objectives of
shariah Like this So priority number one Yes
Establishing justice But A detractor An objector might
say You know Someone listening or watching But
you can't do that By going against the
particulars Yes And you If you go against
particulars That means that you understand those particulars
Wrongly Or you are applying them wrongly Okay
Yeah Because maybe they haven't understood the context
Yes Because there's law and applied law Applied
law Yes That's why Umar ibn al-Khattab
stopped certain punishments During the famine Yes Because
if he applies it Which is from shariah
Yes It will go against what?
Justice Justice It will not be just to
them But to be clear That's not That's
not going against the law It's applying the
law in the correct way Yes Because if
there's a famine It's going to encourage people
to steal out of necessity Yes And if
you're going to now cut the hand of
the thief Because they were starving Yes That's
not justice That is not justice Yes For
sure See And that's why That's why when
we say Brothers and sisters Have those aims
Teach them to younger children Younger children You
know When I give khutbas So many people
come to me And they say Oh sheikh
You know when we were young We were
hitting And shoplifting And yeah Young people They
think that And then now We knew that
Oh We committed injustice And Allah will not
forgive it Yes So what to do?
And listen When you teach the ummah Yeah
That your ibadah is connected to establishing justice
They will not lower their heads For an
unjust ruler Subhanallah Yeah Because they know That
we cannot survive Islam cannot survive Fully With
this level of injustice And this is what
happened In In In Syria Yeah And that's
why Allah jalla wa ala This Confirms That
justice is one of the Highest aims Of
shariah Is the highest aim of shariah Which
is the second face of Or the other
face of ibadah Allah jalla wa ala says
Ya ayyuhalladheena amanu Koonu qawwameena lillahi shuhadaa bilqist
Ya ayyuhalladheena amanu In the other verse Ya
ayyuhalladheena amanu Koonu qawwameena bilqist shuhadaa lillahi All
you who believe Establish justice Stand for justice
Yes To
achieve what?
Higher goals Higher goals Yeah You need to
overlook Certain My wife does that with me
all the time Yeah Alhamdulillah Alhamdulillah But this
is something that we need to what?
We need to promote To promote among people
That let us think Okay From Let us
think of shariah from a holistic way And
by the way This is the only way
we can Use these guidelines in order to
Build or to rebuild ourselves as a civilization
But this is hikmah Yes this is hikmah
If we think micro We will not be
able to build countries Let alone build civilizations
If we think micro We need to think
macro In order to build what?
Civilizations In order to compete With other civilizations
that what?
That do exist now And then we show
them Yes We show them The justice of
Islam Yeah This is known in our history
For example You know we were talking about
a Syrian context When Heraclius was Governing Syria
He was Really bad to the different Christian
minorities In actual fact many of them saw
him as a heretic He was very oppressive
And they actually preferred Muslim rule over Heraclius
Of course And because justice lived under Islam
And You know we even have for example
The situation in Gaza The only time where
Muslims, Jews and Christians lived peacefully The only
time Was under Islam Karen Armstrong The popular
historian says this The Muslims created a system
of governance That for the first time And
now the only time That Muslims, Jews and
Christians lived peacefully When the inquisition took place
The Jews Where did they flee to?
Ottomans Ottomans Ottoman Empire There's a really good
book By Philip Mansuk of Constantinople He cites
a primary source from a Rabbi A Rabbi
He says All my brethren My brothers Come
to the land of the Turks Rich are
the fruits of the earth We live in
peace and freedom And we're not Hindered or
oppressed by heavy taxes Or something like this
There are many There are many Jewish historians
Who have mentioned this I used to quote
One book in my PhD Sheikh, there's a
Jewish historian Called Zain Zohar He wrote about
the Iberian Peninsula And when Muslims took over
The Iberian Peninsula He says That the Jews
Saw the Muslims As liberators from Christian persecution
You even have a book called A World
Within It's two volumes, Sheikh You'll love it
Because it's to do with Ottoman law It's
written by Amnon Cohen He collects around Yes,
I think that is the one One thousand
records, Sheikh One thousand Ottoman records And he
says Although the Jews Had the freedom Right?
To go to the rabbinical courts The Rabbis,
the rabbinical courts A substantial majority Went to
the Islamic judge And he goes to the
Manushay He even sees that Jewish women were
Complaining about nafaka Maintenance, yes From their husbands
So even You know, we have a rich
tradition, Sheikh And just finally Yes, of course
Now, subhanallah Recently, just today Today Someone collected
clips From Iraqi Shia Yeah It is ajib
The first time I have seen it Sports
people Lay people Thinkers They said Listen Do
you want Iraq to be stable?
It should be run by Sunnis Subhanallah Yes
Wallahi, it is amazing This is the first
time I looked at it And some of
them I know These are well-known people
They said See We, Shia Have just Slapping
us No, Sunnis They have a complete System
of Governance And they Are known Historically For
their justice Subhanallah And they say If you
want Iraq To be a stable country It
should be run by Sunnis We cannot run
it as Shia So This Goes hand in
hand In what you have mentioned I think
we are running out of time So listen
This was mind-blowing May Allah bless you
and reward you You have a book coming
out On this issue Inshallah Which when it
comes out We'll talk about it We'll do
another podcast as well And we'll promote it
as well And it will be in English
and Arabic Yes Maybe we could do a
version Where the English and Arabic Are together
It would be fantastic So it could be
studied By students of knowledge And many others
May Allah preserve you But there's so much
more to say Of course There's lots of
nuances About moral philosophy Yes And how to
unpack Potential friction How do you apply it
In the modern world Yeah But that's for
another time Yes But what we've done today
I don't think exists In the English language
May Allah bless you And preserve you And
we have to go To an event now
As-salamu alaykum Wa alaykum as-salam Wa
rahmatullah wa barakatuh Jazakallah khair