Hamzah Wald Maqbul – Mlik Fiqh The Inviolability of Life, Property & Honor Addison 04022020
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AI: Transcript ©
So we continue,
reading from the Kitab Al Kitab Al Jamere
from the
and he, continues,
talking about
those things that are
the,
the obligations of Dean,
in general.
So we left off yesterday talking about those
things that the tongue,
that the tongue is forbidden from speaking.
And we continue today. He says,
So he he mentioned something which is,
again,
a remarkably
small number of words
that contain
the summary
of most, if not
almost all of the sharia
in terms of interacting with the other members
of the ummah.
And that is that Allah has
made haram.
Allah has forbidden,
for the Muslims
the blood of the Muslims
and the, property of the Muslims,
and the, the honor of the Muslims.
Meaning,
it's haram for you to harm
someone physically.
It's haram for you to destroy or
misappropriate,
from their wealth or from their property,
and it's haram for you to misappropriate
some part of their
their their honor,
and to speak ill of them.
And this is essentially the commandment of the
messenger of Allah
during his,
during his
farewell Hajj,
in which he,
he said. And it's one of those things
that he said that was
heard, most widely. It was one of those
things that he said when he had the
biggest
of,
of audiences in front of him, sallallahu alaihi
wasallam, during his Hajjat Hajjat
at farewell Hajj, after which he passes away
maybe less than 4 months after.
And, so it is
one of the last things that he commands,
and one of the,
most well known things that he commands is
the thing that he chose to say when
he had the biggest
audience in front of him,
probably that he had in his entire life.
And what did he say? He says,
he said
at that time
that
indeed your blood
and your property
and your honor, meaning your reputations between you,
are sacred.
Like this day is sacred,
and it was the,
it was the day of Arafa or the
day of Naha.
In this month of yours is sacred, which
is the which
was the most sacred of the sacred months.
And then thereafter,
this land, just like this land of yours
is sacred, and it was the the the
Haram of Allah Ta'ala,
the sacred land of Allah, Allah
and,
even that during the time of Hajj. So
the messenger of Allah
turned his and his focus to the heavens,
and he said, have I not,
have I not,
caused this red message to reach its audience?
Have I not delivered this message?
And,
the companions,
they
all,
to a man, they said
they said,
oh, Allah. Yes. We bear witness that indeed,
indeed you have.
And so the prophet
then he says afterward, he says, if this
is the case, if the message has reached
you,
then don't,
don't return
back to your previous state after I had
left.
Such that you're, you show such ingratitude to
Allah
that you would,
strike
some of you would strike at the necks
of others, meaning that you spill each other's
blood to the point where you kill one
another.
And this is this is a very important
message, and guess where we're at right now?
This is exactly what's happening in the Muslim
world is that people people don't have, you
know, they don't keep the the sacredness of
any of these things.
And it's interesting
because you in America, you know, the Muslim
community, no matter how bad it gets in
general,
we refrain from physically harming one another.
And we, in general, refrain from destroying one
another's property, although it happens from time to
time. But we don't tolerate that. You know,
in general, we we refrain from those things.
But the third thing, which is
the honor
and the,
you know, the inviolability of the honor of,
of a Muslim,
we don't seem to respect that all that
much.
And unfortunately, you
know, I think it points to
an issue which is a kind of a
broader issue
in the ummah, which is that because of
people's lack of respect for Din,
or because of people who have respect for
Din but pigeonholing it into just like the
salat or
into fasting or into like particular
parts of the deen that they want to,
follow,
you know, like
Allah asked this question of.
So do you believe in part of the
book and do you disbelieve in part of
it? He says because for the people who
are like that, there's no
punishment except for dishonor and, humiliation in this
world. And on the, day of judgment, such
people will return to even a more severe
punishment than that. And Allah is not, heedless
of that which they do.
So the idea is what is the point
of mentioning the the stories of
in the Quran is not because of, like,
some sort of anti Semitic bent or whatever.
We're all Semitic people anyway, and there are
many good people, upright people from
as well,
other than their their profits.
The point is is what is that don't
go down
the lizard hole that they went down.
Yet that's what we do. What what what
do we do? We, you know, we will
refrain from physical
altercations and, like, you know, theft or destruction
of property, but we will engage the day
all along
in, deprecating one another's honor, and this is
very problematic.
And,
this is a way in which we have
in which we have, I guess, imitated the
people who are around us in as much
as
in the law of the United States of
America. Freedom of speech allows a person to
say, you know, a lot. You can say
almost whatever you want to. And there are
very few
legal repercussions, whereas if you, you know, spit
on a person's car, you you might get
the cops
called on you. If you, you know, if
you, deface someone's property, you'll get the cops
called on you.
And, if you murder a person, you'll probably
go to jail and you might even get
the death penalty.
And,
look, you know, the the the law of
the land in America
is it was never meant to be an
all encompassing law that,
that that solves a person's problems for, you
know, personal problems or,
that, you know, will rectify your life in
this world and the hereafter.
The point of the American law is what?
Is,
you know, just to ensure, like, the general
order
and the prosperity of the nation,
in general. And that's theoretically,
in reality, it oftentimes serves specific people kinda
more than it serves others.
And,
you know, there's an interest in the law
not being totalitarian. You know, we don't want
we don't want,
Lindsey Graham,
and
we don't want,
what's this guy's name from Kentucky?
Mitch McConnell. And we don't want these cats
to be, like,
legislating what we do on a daily basis
or what we can and can't say. But
that doesn't mean that nobody has the right
to do so, nor does it mean that
you shoot your mouth off and say whatever
you want, and there won't be consequences.
And, you know, one of the things sadly
due to the situation in Burma, due to
the situation
in East Turkestan,
with Chinese occupied East Turkestan,
and due to the situation that the Muslims
are going through in India and Kashmir.
We know that,
you know, freedom of speech is not like
just sticks and stones will break my bones,
but words will never hurt me. We know
that that words do hurt, and words are
the prelude to violence, and words are the
seed,
and the,
the seed of the plant of hate,
and the harvest of crops from that plant
is what? It's violence.
It's, it's defacing property,
dispossessing
property.
It is unfair legislation
and eventually becomes violence, which escalates to genocide
and death.
And, that kinda that's kinda is is what
it is, and that's how it is. And,
we have to be, you know, we have
to be cognizant of that. We cannot we
cannot talk garbage about other people. We cannot
talk garbage about Muslims. Sometimes certain people actually
deserve it.
And we have to hold our tongues back.
Why? Because we don't wanna plant a seed
of violence
that today,
we plant the seed and then, you know,
when we go about our business, one day
that tree grows very strong and you can't
cut it down and the fruit of it
is bitter and everybody has to deal with
that. We don't want that.
So the and the consciousness as to what?
Just hold your tongue.
Just hold your tongue. This world wasn't meant
to be a perfect place. This world wasn't
meant to be a place where justice is
established.
Allah Ta'ala himself is a Dayan Al Malekud
Dayan. Allah Ta'ala is
He is the the the the the the
the the the one who will decide disputes.
He is the one who will arbitrate and
decide disputes. He is the one who is,
the the truly just. He is the one
who will take vengeance. He's the muntaqim. He
will take vengeance. He's the Dayan who will
will will take vengeance for every wrong.
That that belong with Allah subhanahu wa ta'ala.
That doesn't belong with the creation.
And if, you know, we as a creation
try to go,
an eye for an eye, then it will
literally it will leave the whole world world
blind. Even if Allah ta'ala, if Allah is
justice this is a matter of Aqidah, you
know, for all of us. If Allah
went full justice mode on everybody, then
himself, you know, he said that nobody will
enter Jannah except for to Allah's mercy. You
see, even you, RaaS,
even me.
If it will,
if it wasn't that Allah immersed me in
his, in his mercy and drowned me in
his mercy.
And if one of us were to say
that, even if it was correct, it would
be considered
bad eddah with the prophet sallallahu alaihi wa
sallam. It really would. But he said it
sallallahu alaihi wa sallam,
and he's the only one who can from
the sunnah.
And he said it why?
Because
he wanted to show and teach us something,
which is what? Which is that,
that that that we need to we need
to have an attitude that
lets us, like, let certain things go.
And that doesn't just mean let letting things
go in terms of killing people and in
terms of, like, physically harming them or financially
harming them. It means even with our tongues,
we have to let things go. And it's
hard. It's not easy. Because some people hurt
us really badly.
But, you know, there's and Chetan uses the
emotions because what happens when a person is
emotional,
the emotions overwhelm
their their rational faculty.
And, we're not androids. We do have emotions,
and our emotions, when they're in check, they
help us and guide us
to,
be able to do those things that we
need to do in life. However, we cannot
let the emotions overwhelm,
overwhelm our intellect.
Rather, they have to work together. If they
fight with one another, your ship is gonna
sink.
And, you know, it's just like, for example,
a person who'd, like, get under stress. When
they're under stress, whether it be physical or
emotional, what happens is the immune system starts
to shut down. That person goes into fight
or flight mode. And when you're running from
a lion, you know, your immune sys system
isn't your, like, first concern.
And so,
what happens when that,
you know, what happens when that, that that
that happens?
One useful part of your body will overwhelm
another useful part of your body, and,
the thing that's doing the overwhelming is not
helping you at the time, and the thing
that's getting overwhelmed is gonna harm you.
And, so,
this is what happens with a person's emotions
is that when their emotions get to you
know, they get out of place, they overwhelm
the intellect.
And,
that's when Chetan's like, this is my time
to this is my time to make my
move. And so what happens, people hurt you,
and then Chetan somehow convinces you that somehow
in harming another person you have benefit.
Now tell me something. Okay? If I if
I have, for example, I'm upset. Okay? I
am upset because I can't afford to pay
my rent this month.
Okay?
And then, I'm really upset about it, you
know. And then,
someone's like, hey, you know,
Adolf Hitler is, like, you know,
still alive, and he's in the other room.
I should hit him in the head with
a baseball bat. You know, yeah. Let's get
them. You know, get him. He's a jerk.
Right? And sure, he is a jerk, and
he probably deserves far worse than that. However,
cracking Adolf Hitler in the head with a
baseball bat is not gonna pay you rent.
But when your emotions over overrule your intellect,
what ends up happening is that,
is that Chetan steps in and convinces you
of this kind of, like,
faulty logic which appeals to emotion,
but it doesn't really make a whole lot
of sense. And the intellect and that's what
happened with the whole poor our entire call
with poor Americans, you know.
They don't have jobs like their fathers had
jobs. They can't provide for their families. You
know, fathers cannot be respected by their, wives
because they can't provide anymore.
They're not respected by their children because they
can't provide anymore.
And,
you know, it's causes, like, all of these,
like, systematic breakdown in society and and family
life, morality, etcetera,
and they're just upset. They're emotional. So they're
like, hey. Let's build a wall and, like,
screw the Mexicans, you know. That's gonna solve
our problems. Right? It does not work like
that. It doesn't work like that. The same
thing is happening in Europe right now. You
know, weird, like, all these, like, far right
parties, they're like, oh, screw the Muslims. You
know? It's like, look, friend.
You guys don't work.
You guys don't wanna learn, mathematics. You guys
wanna watch football, whether it be American football
in America or European football in Europe. You
you wanna, you know, you you don't you
don't wanna have families. You don't, you know,
you wanna marry your boyfriend. You wanna do
all of these things, and,
your economies are are not doing well. You
can't get a job because you don't have
the skills that you need to in order
to get a job and
etcetera ad nauseam. You're, you know, you're being
outbred and you have all these kind of
weird fake YouTube videos that are, you know,
shorts and clips that are going around with
WhatsApp that would convince you that Muslims will
be like the majority population of of Europe
by, like, November 25th or whatever.
That's fine. Kill all the Muslims in the
world. How is that gonna solve your problems?
You're still gonna have all the same problems
that you had from before.
So this is the thing that Chetan does
with a person, is that it makes a
person, when they're emotional,
it makes them think that somehow harming another
person is gonna benefit me. Who cares if
another person gets harmed or is benefited? In
fact, the sunnah is what? It's even your
own enemies. You should wish well for them.
You should wish. If your enemies are evil,
you should wish that they're like, hey, you
know, I you know, wake up one day
and be like, I make Tawba. I repent
from my evil and I become good and,
like, they try to fix things. That's a
sunnah. Right?
You don't have it inside of your heart
to do that?
Okay. Don't. But, like, how is somehow harming
your enemies going to,
going to make life better for you?
Whether your enemies are doing well or whether
they're doing poorly. Okay. Fine. You pushed a
button and incinerated all of them. They're all
you still have to pay your rent next
month. How are you gonna do that? How
are you gonna how are you gonna solve
your problems? You know, if you're out of
shape, you're still out of shape. If you're
broke, you're still broke. If your if your
family life is a wreck, your family life
is still a wreck. How is, like, somehow
harming another person gonna do it? But we
have hard time letting go of these things.
And this is one of the one of
the important, you know, things about why people
should make dhikr and why one of the
catastrophes of why,
you know, the vicar of Allah Ta'ala is,
like, completely removed from
our masajid,
and from our,
practice of Islam in America to the point
where I go to masajid and, like, people
will say, like, yeah, Ashish, last week, the
was, you know, about why, you know, saying
Allah Allah has a and a person
shouldn't do it. Protect us and forgive us
and and protect us from ever committing that
sin. The punishment of which is that you
go around giving kotabas,
telling people not to take the the divine
name.
But the point is is what?
You have to
because sometimes people, the stuff they knew to
you is like really bogus, you know. Imagine
the prophet sallallahu alaihi wasallam went through, like,
the highest amount of that.
Imagine he was an Amin, they loved us.
Sa'd ibn Amin, he was the truthful one,
the trustworthy one. They loved him. He would
do anything to help anybody who is in
need,
and he never did harm to anybody. What
did they do? They boycotted him. They caused
his, his beloved wife to pass away, under
Hussar,
under boycott.
They, you know, they they, you know, Utba
and Arutayba, the 2 sons of Abu Lahab,
just despite the prophet, sallallahu alaihi wa sallam,
and Ria Abu Allah,
he, he Abu Lahab ordered them to divorce
the daughters of the Rasool Sallallahu Alaihi Wasallam.
And they did him dirty with with regards
to his, you know, with regards not just
to his family, but his baby girls. They
did it. You know,
well,
and, what did they do? They killed the
uncle of the prophet, so they did all
of these things. Just high levels of bogusness.
Right?
And a human being doesn't have it inside
of themselves. Sometimes, you know, some of us
are really sensitive. We get really upset about
little things. That's
not good. That's a sign of nifa.
If
the that like like, we can't, like, live
down small things, you know. We should just,
like, let things go.
But there are some things that are so
overwhelmingly
bogus. It's many people don't have it inside
of the emotional psychiatric makeup to be able
to let
them go. And the only solution to that,
to to those problems is what?
Is the dhikr of Allah
because, you know, you're like an ant, and
I'm like an ant in this material world,
and we're, like, walking around and competing with
the other ants.
But then when your
when your eyes look into the higher realm,
and they see the wonder, the amazement of
the all of the universal
universes Allah made of the
of
the of the of the of the of
the of the of the of the of
the of the of
Jannah,
of of of, you know,
of of the overwhelming vastness of Allah Ta'ala,
that he created
outside of you and inside of you.
Those are the the the ways that you,
are able to put things in perspective again.
And they make the slights and the difficulties
of this world seem insignificant.
The access to that universe is only through
the vigor of Allah, subhanahu wa ta'ala.
And it doesn't mean that you have to
sit in a room and, like, for, like,
6 hours a day and repeat things.
Although there are people who did that and
they reached the that
are indescribable for people like me. But all
it means is what? You know? Like, you
just you plug in the the,
you plug in the,
the lamp just for a second in a
dark room, and you'll see everything in the
room. And even if the
light gets unplugged, you already now you have
a map of how everything looks inside of
the room.
It it it it shifts your perspective.
Right?
And so, my advice to people who find
themselves in this situation
is to do that, is to to make
the dhikr of Allah in so many of
its forms. The highest form is the love
of the holy of Allah subhanahu wa ta'ala
and the quickest form, the easiest form is
to love the love the companions,
love the,
and to, look you know, to to to
to inculcate that love inside of you. But
there's so many things a person can do.
The point is is this, is that you
have to be very careful in what you
say about other people no matter how much
they've hurt
you. Why? Because it will set off a
chain of, of
of
of problematic
occurrences
that will,
that will
necessitate a ripple effect in society, which is
very destructive
which is very destructive. Now there are certain
things that cannot be forgiven,
and that's what the sacred law is there
for.
It's there for recourse for everyone who has
been
Mavloom.
That's why the state is there.
It's written on the outside gates of the
top Kopi Palace,
in, Istanbul.
Allah,
keep
the under his watchful
eye and under his guard and, protect it
from from its enemies inside and out outside,
exoteric and esoteric
alike.
That that that's what they they they wrote
that the Sultan is deep,
shadow of Allah subhanahu wa ta'ala. Meaning there's
authority in jalal in the Sultan,
in the earth.
And
that sultan is the one who every
wronged person and transgressed person can go and
seek refuge in,
for those issues that are that are overwhelming,
that are too much. So we're not talking
about someone making fun of your hair last
Eid. You know, we're talking about killing, we're
talking about theft, we're talking about *, we're
talking about those things. The is there to,
like, you know,
you know,
kick the backside and take names and to
take people to school and, you know, straighten
them out by force when necessary.
Because like
said astutely
noted,
that there are certain, people that will, you
know, that will
be straightened out from through authority that even
the Quran is not gonna work for them.
But, you know, coming back to this issue,
other than that, a person should be very
careful about about these three things. And a
person should be cognizant in how making fun
of people, how passing comments about other races,
how passing comments about the other gender, whether
it's a man or a woman, how passing
comments about people of particular color, how passing
comments about people's physical,
physical,
you know, condition and mocking
physical state, how passing comments about people's languages,
how passing comments about people's,
you know, dress, how passing comments about all
of these things about the poor, about the
rich, how all of these things are, you
know, all of these things are
are highly problematic. Yes. Even talking crap about
the rich, you know, there's a had to
it. In as much as certain rich people
came across their money through Vod,
it is it is okay to to point
those things out.
But, it is it's not okay to it's
not okay to just hate the rich for
the point of hating the rich.
And, this is something that happened, you know.
This happened in the Muslim world. In Libya,
it happened. A
charismatic leader came over through the the the
Sheikh of the Salusia who ruled,
with justice.
And, he said, we're gonna repossess all of
the the the lands of the rich and
and, whoever thinks that that was a good
ruler, you know, you,
you should busy yourself in, like, stopping 5
g from spreading coronavirus or whatever other nonsense
garbage you're gonna believe in life.
You know, what is it? The same thing
happened in Syria.
Syria nationalized
all of the all of the private industries.
And, you know, by the nature of industry,
they're owned, like, factories and,
workshops and and things are owned by rich
people.
And,
you know, the the government repossessed those factories
and nationalized them.
The
He was the head of the weavers union.
So he was a worker,
and the government took the the the textile
factories away from their owners and nationalized them
because the his will bath.
The bath party was,
socialist,
and they just they just took it they
took it away.
And, he he he he said that this
nationalization is theft. These are private property of
these people. You can't just take it away
for no reason just because you resent rich
people.
And, because of that, they fired him from
his job and they,
they cut off his pension.
But those were those were the men of
Allah to Allan. They spoke the haq. They
spoke the truth, and they didn't fear, with
regards to, what would happen thereafter.
But, you know, you can't, you know, you
have to look at all these. You can't
just talk garbage about people. Otherwise, what ends
up happening tell me is Syria, like, in
a good situation, does Hizbull Baha taken it
anywhere good with regards to his Din or
its Dunya? No.
Nor is Iraq,
nor is,
nor is, Libya,
nor is a lot of a lot of
places where these types of things happen. This
happens. There's so many places in the Muslim
world. People would be like, you know, oh,
yeah. We kicked out all the Jews. I
go,
who gave the Jews Aman in the Muslim
lands in the first place? Allah and His
Rasool
You kick somebody out that has Aman from
Allah and His Rasool
Wait.
The one who was sent as is,
going to testify against you and be the
damning evidence in the,
in the case that throws you in the
hellfire with.
And what ends up happening is that those
yahood who lived in peace and and,
in in in, harmony with the Muslims. It
wasn't Disneyland,
but, like, you know,
people got by, you know, they survived.
And they lived with each other, through hard
times.
And they definitely did better in our lands
than they did in the pilgrims of of
Europe.
Those people then what ends up happening is
that they get driven into the arms of
the Zionist state, and, they're the ones who
end up making the bulk of the army
that,
that that oppresses our brothers and sisters in
Palestine.
Why?
So some people who have no fear of
Allah Ta'ala can steal their property
because of their resentment and their jealousy of
their, their wealth in the Muslim world, because
they own, like,
important part of pizza pieces of property in
the old city and and and and most,
Muslim metropoli,
that's bogus. That's completely you can't. You do
be careful be careful how you talk about
people.
Be very careful how you talk about people
because
seeded inside of those poison words is what?
Is the destruction of their property
and the violation of their, of their of
their lives. And here wherever it's mentioned that,
Allah Ta'ala has made haram to,
to to to to impugn,
the the the the honor of a Muslim
or to
oppress them with regards to their life or
their property.
Included in that is the Aludimah.
Those people who live as the subjects of
the Muslim state
under contractual
agreement,
that was made by the Salaf with their
forefathers,
that they will that they will follow and
abide by,
the the rules of them, and they will
be excused from the religious obligations of Islam.
And in lieu of that, they will, they
will pay the jizya.
And for that, they they have the right
of protection, and they have the right that
all of these things be protected. Their lives,
their property,
and their their honor that they shouldn't be
unnecessarily,
humiliated,
when they're going about their business. They should
be recognized as not being Muslims, but there's
no call to unnecessarily humiliate them. All of
these things, be careful how you talk about
people.
Be careful how you talk about people. Because
if a person under the protection of the
Muslims is harmed, this is a dishonor on
Islam.
And it's not it's not right. It's not
okay.
So,
we continue. He, then mentioned certain Sharia sanctioned
exemptions to this, to this very important rule
very important rule.
He says he says,
and this is the rule and there are
exceptions, and the exceptions are not the rule.
The exceptions are the exceptions. They're rare. And
you make chaos on the rule. You don't
make chaos on the exceptions. You don't make
analogy on the exception, rather you make analogy
on the rule, and that's one of the
important differences between a rule and an exception.
Muslim. So he says that it isn't haram
to spill the blood of a Muslim to
kill a Muslim, and then he gives certain
exceptions that are there in our in our
sharia.
It says that, except for, except for the
person who formally renounces Islam after
having, formally,
announced its belief.
And, this is obviously something that is not
palatable to the modern sensibility.
However,
you know, Islam is,
not just something that we do on Friday
like Christians do on Sunday.
Islam is an entire way of life, and
it is the bedrock and the foundation on
which the state is is made.
So, to accept Islam
is to enter into a particular,
role in society
and to enter into a particular pact with
the state. The
revocation of which is a declaration of war,
and is a type of treason.
And,
this is why,
this is why, the Sharia allows for the
killing of a Muertad of an apostate.
Now
this being
said,
the the prerogative of killing the apostate is
in the hands of the state. It's not
in the hands of most individuals.
The vigilante action is not not not not
encouraged nor is it even permissible.
And,
so that's something to think about. In the
Maliki school, the killing of the apostate is
is
an option that is
at the hands of
the of the state.
But it's not a habit. It's not a
necessity,
versus the Hanafi school and the Hanafi school,
by the Nasr of the Hidayah.
If a person leaves,
leaves Islam
formally, it is the sacred duty of the
state,
to execute such a person. The Maliki School
doesn't doesn't share this view. And,
that's something important to important to remember and
important to keep in mind,
that it is an option that is there
at the hands of the state because it's
different. You know, the apostasy of different people
has different political and different social ramifications.
And, just like in America, you know, Trump,
actually jokes about it, that traitors are are
to be shot or killed.
And the bit you know, the treason of,
you know, the treason of, like, you know,
you know, 18 year old,
jobless person with, like, 5 YouTube followers
is very different than the treason of someone
who works for the state or someone who's
in the military,
or a person of prominence or a person
who, you know, sits at the,
you know, at the choke point of the
lifeblood of the economy,
of the of the nation. They're different and
the judges and courts will deal with them
differently.
So, it is a an option
of the state. It is not in a
necessity, whereas the Hanafis,
you know, in their books, it's written that
it's the sacred duty of the state that
anyone who declares their apostasy openly.
Person keeps it hidden inside their heart or
in their private life, then the the the
there's no case really to talk about. But,
if a person declares it openly that that
it's the sacred duty of the state to
have that person executed.
And if there's any Hanafi,
Muftis or whatever, who are listening to the
live stream as there are from time to
time, you're welcome to comment about this or
or issue any sort of clarification or
or
further information or even correction if there's something
wrong.
But that's that's how that is.
Or that a person should a person should
commit
after their
after their, protection.
Protection here meaning that they have
had the experience of,
lawful,
sexual *.
That's that process is called Islam, which literally
means protection, but for legal purposes, that's what
it means. Before a person,
a man or woman has had lawful sexual
*,
if they commit zina,
if they,
fornicate,
then,
then that that,
person, the punishment for them is lashes.
If that person if that person then commits
in after having,
had, lawful sexual,
*,
then,
after that the punishment increases to stoning.
But what does this mean? Because this sounds
very barbaric to and it would sound very
barbaric to a lot of people.
Muslim and non Muslim alike.
Islam is a religion that has a concept
of privacy,
which I don't think was there in medieval
Christianity.
The idea is this is that the zina,
the burden of evidence for
a case of either in the case of
lashing or in the case of
or in the case of,
of of stoning
is what is that either,
you know, either the person admits in front
of the judge that they did this. In
which case, if a person, for example, admits
that they
committed with
another person,
then their admission is only valid for them.
At that point, if they take the name
of the other person, they have to establish,
they have to establish that that person actually
commits. And that otherwise, they'll receive the have
the first of other of of of,
of unlawful
and false witness against the person, and then
afterward, they'll receive the punishment
of. Whereas,
that, you know whereas,
you know,
if they just said that I committed and
they don't name the other party, then they'll
just receive the punishment of Zina. So either
out of their own volition, they have to
admit that they committed that crime,
or that person has to that sorry. That
act has to have been witnessed,
to have been done voluntarily.
And the metaphor is used in the hadith
of the prophet, like the eye goes through
the thread of the needle.
Meaning, the the the act of penetration has
to be witnessed by 4 upright witnesses,
which is impossible.
I mean, who
and and, like, video, for example, videography
doesn't doesn't count.
You have to see it in person.
And so,
you know, it's not that I guess for
people in in in the history of Islam
have never witnessed,
someone committed zen committing zenah before. I don't
think that's the case.
But the issue is this is that if
there are 4 people watching
a group of people committing Zina, usually, they
don't fit the the the very stringent,
criteria in Islam for being an upright witness.
Because upright people don't just, like, watch that
type of stuff happen.
And if there are witnesses inadmissible in the
court, it it it's as if it doesn't
really exist.
And, I actually wondered
about about this issue that has any
has ever anyone been
last or stoned,
in the history of the Sharia,
based on witnesses.
And I have yet to see any, evidence
that that ever happened.
You know, I've asked, you know, there are
places in the world where they still this
this, punishment is still administered,
or was administered until
relatively recently. And I've actually asked the people
in those places,
has has anyone ever witnessed
this act or has the, punishments only had
the punishments only been administered through a car
through,
confession.
And, thus far, I've only heard of them
through I never read in a book any
case where a judge has actually found,
you know, this to have happened.
So,
you know, my my feeling is made the
the the system the way it is for
a reason.
People should know that this is a very
severe crime that undermines the very foundation of
civilization of society,
And that if people are to do it,
they should hide it.
But at the same time,
he made it very difficult to establish the
burden of proof in order to get a
conviction for this
crime. And,
he also made very stiff penalties for he
made very stiff penalties for a person who
makes an accusation regarding this crime and is
unable to,
bring that level that that, you know, evidence
to those evidentiary standards that are
set by the Sharia. So the the accusations
are necessarily
very few.
This is one of the things actually in
Pakistan.
Has the what they call the Hudud Ordinance
that people agitate
for or against from time to time.
This is a procedural fault in the Hudud
Ordinance in Pakistan as far as I can
tell. That automatically, if someone makes a a
a a an accusation of Zena against another
person,
automatically, if they're unable to,
unable to
bring evidence to a standard in the Sharia,
there should be automatically a case filed against
them,
with regards
to Kadef, with regards to wrongful accusation.
And as far as I can tell, that's
not what happens.
And, you know, this has to do with
the theoretical difference between the judgeship in Islam
and the judgeship in the British system.
The latter,
the latter, of which is practiced in in
in Pakistan.
I remember when I was in Madrasa over
there, people, they know you're studying, so they
ask you a masala issues about about Islam.
And so,
by some,
happening,
the chief justice of the Supreme Court of
Pakistan
for a very short period of time was
an individual by the name of Rana Baghwan
Das. And as the name,
as the name indicates, he was a Hindu.
He was an idolater. He was not he
was not a Muslim.
And, people would ask, Mohammad
Saab.
Is
it Mohammad Saab, is it permissible that that
a, a non Muslim should be made chief
justice in the in in a in a
Muslim country? And he said, look, as far
as I can tell, majority of the laws
on the books in in, in Pakistan are
still from the British era.
And procedurally, it's,
you know, it's all run according to that
system anyway.
Culturally, it's all run according to that system
anyway as well. So,
you know, I think the more pertinent question
to ask is is it is it permissible
for a Muslim to be a judge in
that system? And as far as I can
tell,
I don't think it is. I don't think
I don't think it is.
And Allah Allah knows best. But one of
the differences in the judgeship, the Kaaba of
the model of judgeship in Islam,
versus
the model of judgeship in,
you know, in the British system is that
that
the latter functions on plug and chug. You
know, they're very, you know, the the the
amount of
the amount of discretion that the judge has
is very little, and even that is very
defined.
And questions are are are
dealt with
in a kind of reductionist
fashion.
The I guess the reason that their system
is like that is in order in order
to,
have a type of uniformity
and a type of predictability and outcomes,
which as far as I'm concerned is fine
if you're manufacturing widgets. Right?
The problem is human beings are so different
and their circumstances are so different. And 2
people could do the exact same thing or
be in the exact same,
circumstance or predicament, but they're,
you know, what got them there is so
different that, like, in one case, a certain,
judgment might be,
justice and the same judgment in, the case
with different individuals.
Even if certain,
you know, details and facts with regards to
that case are the same, It may be
end up being a hood. It may end
up being, it may end up being, a
a a an act of of oppression
and
a transgression against the Lord. And so, you
know, one of the precepts, in Islam about
the Qadi is that the Qadi is Mujtahid.
He is not,
he is not, he is not a Muqaddid.
He doesn't
follow blindly in other person's
rulings with regards to Sharia, but he has
commanded to look directly at the book of
Allah and the sunnah of the prophet
and rule according to what he believes is
the intent of,
of Allah and his messenger sallallahu alaihi wasallam
rather than,
rather than just formulaically
pushing some, you know, some stuff through. So
this happened, for example, like in Zina. Right?
In the Maliki school, there's a third
a
third,
a third,
way of getting convicted for for for for
fornication or adultery,
which is
that if a woman,
becomes pregnant
then,
and there's no way possibly that it could
have been from a valid marriage.
That this is this is also a proof
that a person can get convicted,
by,
of pregnancy.
And, you know, apparently it's not like that
in in in other madahib.
And so it's a purely rational it's a
rational,
proposition. It makes sense. It has to do
with things that we know about, about the
way, life works.
And but, you know,
a judge in Northern Nigeria, actually the very
famous Amina Lawal
case, a colleague in Northern Nigeria, he actually,
let her off the hook by saying what?
That the Hudud are the Hudud are established
by consensus.
And, the fact that the other madame don't
consider this a a
a
a
sufficient evidence that, the crime of has been
committed.
And because the Rasul
said,
to ward off the hadith punishments,
through shubuhat,
if there's any any any
doubt
about,
about a hadd punishment crime,
then the taqwa, the fear of Allah, the
ikhtihad, the
cautiousness is in what? Is in in not
enforcing them.
And so for that reason the judge who
was Amalek, he
he actually
stayed the case.
Now,
this is, you know, this wouldn't have been
possible if he was,
if he was functioning according to the plug
and chunk system. They would have stoned that
woman to death and it would have caused,
you know,
it would have caused her death. And the
political implications are something, you know, other people
can talk about in some other form. But
from a purely
legal, point of view, you you can see
an outcome in which someone will save the
particular punishment because
the hobby has this,
this type of discretion.
But coming back to this issue with regards
to,
the Sharia allowing people to be stoned to
death for,
certain
sexual crimes.
In reality, it's it's, you know, the to
to mount the amount of evidence for that
person to be punished,
in any way other than them voluntarily,
voluntarily,
confessing their crimes.
It's really it's it's as far as I
can tell, it's never happened before. It's practically
impossible.
And,
you know, someone might say, well, that's barbaric
that a person can come and, you know,
confess in front of a judge and be
killed. Well, I mean, according to western liberal
standards, you know, people, you know,
medical assisted euthanasia, and things like that, really,
they have
no grounds to stand on,
when once when, you know, trying to invoke
an argument for a person not choosing the
right to die.
Not that not that we really care. I
mean, we argue against other people
after having understood our dean, and those are
certain people who really don't care.
We only argue against them in as much
as it protects the dean from
unfair tohmmah that,
of accusation, unfair accusation that may become a
a fitna for the iman of certain people.
But,
you know, so if a person wants to
have that argument then, you know, I don't
really feel like they have any legs to
stand on,
given that, like, a person's
own choice for
So,
you know, that's that. But
we continue.
Or that a person should,
or that a person should be caught,
causing mischief in the earth. And here, we're
not talking about, like, you know, college freshman
pranks.
Rather, we're talking about what,
we're talking about,
So it's what? It's it's
violence against people,
for the purposes of coercion.
So one thing is violence against people for
the, you know, because you're angry or you
get into a fight with them. Another thing
is violence for coercion. So if you, you
know, like and it's known in the Sharia,
for example,
and although there's a lot more detail to
it. But it's known in general that the
thief,
gets their hand cut off.
And that theft is is what
is that thing which is taken unlawfully through
stealth,
through
through stealth.
So,
you sneak into someone's house and you take
something and leave. If you get caught,
and certain conditions are met, then,
the punishment of that is that the person,
should have their hand amputated.
And they practice that in certain countries in
the world, and guess what? No one steals
anything.
But here we're talking about what? This is
different. This robbery is different.
Robbery is what? It's to by force of
arms or by the threat of violence, say
give me this or I'll kill you or
I'll hurt you or to * your fist
back or to take a a weapon out
in a way that insinuates that you're gonna
harm them.
And likewise, other types of coercion, *,
also falls into this category.
In those cases in those cases
where people do that,
and it meets
particular conditions. According to Malik, this is a
had to punishment.
If that person is caught,
without voluntarily giving themselves up and rectifying what
they what they wronged
on their own, then it's a head of
punishment. The punishment for which is that, their
right arm is cut off and their left
leg is cut off and they're crucified.
And, you know, this is why Islam is
really not the not the religion of terrorism.
Because terror terrorism is like trying to course
people,
to, some sort of political,
some sort of political direction or economic direction,
through causing violence like this. This is how
they were dealt with in the old days.
If they're brought by, you know, they're brought
in front of the Qadi, the Qadi would
would order an exemplary
punishment as a hadd, as a as a
divinely sanctioned,
sacred duty of the state.
This is not cool.
It's not cool to threaten violence against people,
and it's not tolerated by our sacred sharia,
and it shouldn't be tolerated ever.
And,
this is a sharia,
sharia,
sanction exemption to the prohibition against spilling the
blood of a Muslim.
Oh,
or if the person if the person here,
means to leave the deen. And so one
might ask, well, what's different different between this
and what was mentioned before of Kufr after
Iman?
Here, the the the point is is that
that the the the first the first mention
was that a person formally renounced Islam.
Here, we're talking about a person,
may not formally announce that I'm no longer
a Muslim, but they
they will start saying weird things like I
worship God and,
you know,
I worship a trinity with God, pink lemonade,
and Santa Claus, you know, and I'm still
a Muslim. So that person is functionally not
a Muslim, but they've left Islam because the
deviant
deviance and their belief has reached a gross
level. That such a person is also,
also liable for for for capital punishment,
if they do not repent from their if
they do not repent from their their their
following their errors.
And it's actually, it's actually most to have
for the the the judge in these cases
to give, even if they intend on killing
the person, to give that person 3 days
to think it over. And it's mentioned in
the books that during those 3 days, they
should not be starved or treated harshly.
And, if they wish, you know, someone should
come and try to, like, talk it out
with them and see, like,
you know, if if something can be explained
to them. So the his
his was that he would he would spare
no expense and spare no effort in order
to try to reconcile such people with the
deed. And, I think that's,
that's, you know, I I don't recall him
ever having executed an apostate.
But but
on the on the flip side, it would
it would hurt him inside that someone would
leave Islam, and he would try to find
out why is it that that that that
happened.
But at any rate, this is,
you know, there are a lot of the
disclaimers or whatever that we mentioned earlier, they
all apply here as well. But, a person
cannot do this, on their own. The killing
of such people and the judgment of such
people is a prerogative of the state. And,
again,
you know, you can flip back
to,
to what was mentioned earlier with regards to
this,
in order to kind of flush out the
nuance,
if you're joining in, later on in the
video.
So let a person hold their hand back
from all of those things that are haram
in regards to wealth or a body or
or
blood.
So,
obviously, don't go kill people.
But, like, you know, be careful also. Don't
hit a person.
You know, this is another thing that happens.
People will
I don't know. You see, like, I see
the, you know, kids do this in the
masjid from time to time. There'll be, like,
a box of cookies in the community room
or there'll be like,
water bottles or whatever,
sitting somewhere, and then they will they'll just
crack out a bottle and drink from it.
A person should be very, very careful,
with regards to other people's property that they
not misappropriate it, large or small.
Because things that we see as small in
this world, they're misappropriation
on the other side.
It will be a difficulty that we cannot
cope with if the person doesn't forgive us
for it.
And,
you know, these small misappropriations
we do has to do with the Masjid
property. Our were
very, very stringent about them. So they say
that, said, Namer Abdul Aziz, he used to
buy candles from his own money for his
own personal business. So if he was riding
at nighttime,
he would burn the government candle and use
a government ink and ink pop. If he
had a personal letter to write or if
someone came to meet with him about something
about a personal nature,
he would do what? He would snuff out
the government's candle and he would, you know,
light his own and then
continue with people.
This is this is the taqwa of our
elders and our forefathers. They say something similar
about,
Moana Ahmed Ali, Moana Ahmed Ali, Saharanpurri,
one of the founders of the,
Madrasah,
He not only was one of the he
was not only the Muhasi on, who wrote
the hasi on, bukhari that they use in
Darshanese army, which is one of the best
hashias
of bukhari for a student of knowledge.
But he also wrote the hashiya on, Mishkaqo
Masabi, which is also one of the best
halashiya on the mishkaq
That's used by the Darshna's army students.
And, he was he was
the Ustad and hadith of, not only the
Akabir of Deoban, but also of Bir Meher
Alisha.
Bir Meher Alisha was
a a very pious and righteous man.
He wasn't, he didn't follow Maslikh Abdul Band.
And,
but he was a great sheikh of Tasawwuf
in the, in in the Indian subcontinent. And,
this was a, you know, this was a
teacher
and he was actually quite accomplished in the
field of hadith. He was a very scholarly
individual,
on top of his his asha'ar that he
wrote, in the ma'rifah of Allah ta'ala and
his excellence in,
in the spiritual,
in in the spiritual,
tradition of Islam.
But he was a very learned he was
very learned in the hadith of the prophet
sallallahu alaihi wa sallam. So they say that
this,
because he was a student of this,
Moana,
Ahmed Ali, Saharan Puri.
So Moana Ahmed Ali Saharanpurri himself, he would
also like, when he would go on Madrasa
business to Delhi or to one of the
big cities, He would refuse to meet with
people,
for personal matters as well.
And there I mean, it's not just him.
There are many people. Their their their steadfastness
was that they were very careful not to
misappropriate,
material,
material wealth.
Extremely careful. They showed a lot of stuff
quite even beyond what's legally necessary out of
the fear of if they're asked on the
day of judgment to recompense,
you know, the people, for for their money,
or for their resources. How are they going
to do it? And we should also, likewise,
be very careful about that. I remember when
I was in elementary school, we had a
very,
like a kind of a a a like
a Calvinist,
very religious protestant teacher
in 6th grade.
And,
she left a box of candy bars out
and
the she left the room for some business
or for whatever reason, and the kids all
distributed them and ate them. And,
I was in 6th grade. I said, well,
they're not ours. We can't eat them. So
I was the only one who didn't eat
it. And,
when we came back and she saw that,
like, her her box of candy bars was,
like, ravaged,
you know, she was distraught. She was upset.
And then someone's like, well, Hamza didn't take
one.
I think that distressed her even more.
One with some kid in class is the
only one who didn't partake from it. This
is this is this is our deen, brothers
and sisters, young or old.
You know, this is our deen. We don't
we don't misappropriate,
the wealth wealth of others. There's no barakah
in it. There's no khair in it. Allah
make us upright people.
You Allah make
your halal enough for us.
Make it make it enough for us to
the point that we don't need your harm.
And and,
make us free of need
through you,
free of need of anyone other than you.
You know, Allah
give us the of making amal on the
things that we read. It's not easy. I'm
not gonna claim that, like, I'm making amel
on, on these things. Rather, I'm the
the the messenger who's just reading the letter.
And I I'm in need of
I'm in need of,
just like the next person. So Allah
if we read and there's some pious person
who says, I mean, do our duas inshallah,
maybe Allah will change our life for the
better as well.
And, give us a tawfee for making all
along these things.
We keep asking a lot to Allah and
trying our best, even if our best is
not very good.
And we keep attending these majalis in the
hope that one day the nur of of
this ilm will overwhelm,
our our desires to be sinful or rebellious
or just our heedlessness and apathy.
I
say.
Sharif Pratt. Says,
Ruben
Batista.
Says what? Leaving Islam would openly,
not praying, fasting,
be sufficient
evidence or only
openly disbelieving Allah.
So this is a disagreement amongst the the
I think I think,
leaving the the prayer
according to an opinion of the Hanbali, Mahabis
Kufr.
And I know Hanbali Mufti, so you're gonna
ask Mufti Musa,
or, Sheikh Bahadu Basir, or one of the
Mashayah who has
learned it in the Hambali school,
with regards to with regards to that.
According to the rest of the,
according to the rest of the olema, leaving
the prayer openly is not kufr.
There are punishments,
involved in it, some of which are very
severe, but, leaving the prayer is not kufr.
Nor is leaving fasting. They're considered sins. They're
only kufr when they're there's a that a
person
no longer believes in their,
in their,
and their obligation
or no longer believes in Islam. Otherwise, a
person can be a sinner.
And many Muslims were up to like high
levels of debauchery through the,
history of Islam.
Some of which are inconceivable
by small minded people like
us. But, you know, Kufr is sin is
something else, Kufr is something else. Allah spare
us from both.