Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Penalties
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I'm about to proceed.
So inshallah we will go over about the, the atom, JIRA, or the chapter on indemnities For runes, and then if we can finish seated as well, that's facial wounds.
face and head
back the Bab diethyl giraffe chapter on indemnities for wounds.
Tacoma in San Jose Manuel heights for FY the tune kellisa and he went he was lucky he was sorry, he was me, he, he
figured out then men sorry he won, yada yada and he was sweet. He was he was, he was lucky but he he was here as he were here t there. So the mutilation of anything of which there is one part or faculty in the human body makes a complete indemnity binding. This includes the mutilation or dismemberment of one's tongue, nose, penis, hearing, eyesight, sense of smell, intellect, speech, ability to strike and ability to walk, likewise, is the case for twisting his face
to one side, like this
blacken in it, or his cheeks that is changing the color of his face to a different color, causing him urinary or fecal incontinence, or causing hairlessness of his head or beard hairlessness of his head or beard and applies to four different types of hair. scalp,
the hair on the scalp, the hair on the jaws, that's the beard, the eyebrows and the eyelashes.
Of course, the eyelashes your you have, how many of them for upper eyelid lower eyelid right left for 25 for each year, you remove the eyelashes on the lower eyelid alone 2525 2525 Okay,
eyebrows 5050 we're using the main sort of Muslim male 50 this
the beard 100.
The Act are based on GitHub American has
the profits basically messaged to hammer up nahas and cover us the hub
kitayama hasn't is controversial, whether it is traceable to the profits outside them or not. However, to use it as a basis for the law would make sense, because some consider it traceable to the profits or loss
and it was used as a basis for the law. So to use it as a basis for the law would make sense.
To have a clean that the Prophet wrote this book even though the authenticity is controversial. We are saying that there is no opinion that the authentic ones are traceable to the prophets of Salaam unless they are motivated in the sense of yaqeen definitive transmission.
This agreement and there is no disagreement between the scholars except about
the Hadith that are agreed upon the between Bukhari and Muslim were some scholars minority of scholars said that they induce pain or certainty, and the majority of authorities said they do not induce pain or certainty. No singular reports that are reported by a small number of people and each layer of the chain will have
the power of inducing the pain, only mutawatir things that have this same strength of transmission like the Quran but can
Alabama has its controversial there is there are many scholars who accepted it. And it would be a good basis for the laws in terms of the the act without considering it definitive final
then the safe said
one of the men who say entropy, Medea dehumanise, anyone heard of anyone separator anyone with an A and you were lucky Amy. While you're dying, he was 38. He well, only a tiny while on saying he will escape. I will ask at any words rain. As for a pair of organs or parts a complete indemnity is binding for the mutilation of both organs or parts. mutilating one of them makes one half of a complete indemnity binding such as one of the eyes, eyebrows, lips, ears, jaw, bones, hands, breasts, buttocks, testicles, labia, Majora, or legs. Anything that you know that comes in a pair,
there will be half of the day for the dismemberment, or the mutilation.
Let me see if he talks about it later maybe he will talk about it later. So we'll come to it later. So basically, whatever it is that you have one like it then that there is complete therefore two, then each one won't be half the four eyelids each one would have quarter of the end and so on. Easy well that's funny in our bar at the with the ad that we had there were frequently were headed Robo have and kind of I have the baby What about the head. A complete indemnity is binding for mutilating the four eyelids and it will also be binding for their eyelashes for each one is one quarter of a complete indemnity. If he removes them along with their eyelashes, only one complete indemnity is
okay, so the
so the eyelid and eyelashes, so if you remove is the whole thing 25
if he only removes the eyelashes, it's still 25.
Because they and also you learn some things from from the the app as well and the app and the value of the art which is the
importance of aesthetics and Islam.
you know, the sort of the three levels of aesthetics, ethics and spirituality, and how people need to ascend in this order. And people need like people who have
a taste for aesthetics, they will also have a taste for ethics. And people will have a taste for ethics, they will not be fulfilled until they have a taste for
spirituality and connecting with the transcendent, the divine and so on. So it's three different levels. But there is a you know,
what our computer met on hannity when our Hangout is a whole new level
danfoss so when last one that I mentioned is favours and creating a title we have an HMI he talked about the beauty also. So if the alertness to point us to that concept, aesthetics, it's not only about the utility of horses, look at how beautiful they are. And enjoy that beauty.
That's what I was trying to say. The same applies here. When you remove one eyebrow 50
cameras when you
cut off four fingers 40 candles, when you break my break, not cut off. When you break my sense that is breaking
What is it? Two camels when you break my toccoa one camel when you break my dog
One camel to the store ribs two. That's the clavicle toccoa is the clavicle that is the rib 1234567 so on.
But when you basically cause the hair to go away off my one eyebrow 50 camels. So, that is why because of the that concept, you know, the demand the beauty, it is important for people like it is a disfigurement of the face. Yeah, disambiguation I just want to because I
can go ahead, if it is thick. As far as I'm Brown, is it to cause it to never return again? Or is it possible to cause it to never return again? To cause it to never return again?
Like the difference
between no breaking is different from me. It's permutation you break my arm, the amputation will be 50.
amputation is 50. Yeah, because I have two hands. You
thinking when we talk about breaking,
breaking the wrist? We're not Yeah, it is not disappearing, but you broke my two bones each bond on the end of the fibula. Each bone is one candle
Sheikh said Wabi Sabi dia de nada sobre Delaney they are equally as
equally on more than solo so arkadia ill Avraham of equally on Moulton ness for Huck Leah. There is a binding complete indemnity for mutilating the fingers of both hands, or the toes of both feet. For mutilating each finger or toe there is 1/10 of the complete indemnity. 10 camels for a male Muslim, or a Muslim male. For each phalanx is 1/3 of the indemnity of the finger, except that for each failings of the thumb, there is one half of the indemnity of the finger, it's straightforward, you know, then you know, one hand is 55 fingers is 50.
Keep in mind, you call off my five fingers, that's 50. You cut off my hand that is 50. You cut off my
forearm that is 50. You cut off my arm that is 50.
So if you have to do something,
it's all 50. So 50. But keep in mind, if you do it intentionally, I get to come up from here as well. Because I don't have to accept the indemnity. So if you do it intentionally, and you call up from here, I get to come from here
equals retribution. Okay.
Then that's a sad
Okay, so 50 each finger is 10 camels. 10 camels was sizable, really sizable.
10 camels. So then each one is 3.3 3.3333. So three candles and the value of one side of a candle. So for each on motor failings, because there are three balances in your finger, for each one, there is 331 third of the 10. So frequencies is everything. And then except the thumb, the thumb has how many? Two? So five and five, five and five.
Vendors he said what do you call this synonym come soon unable either. lamda odd for every tooth that does not rewrapped there is an indemnity of five cameras. every tooth that does not re erupt. There is an indemnity of five cameras. How many 32 total 160 camels for your teeth. 100 If I kill you 160 if I remove all of your teeth
keep in mind that Amara the Allahu kebab er by the year fee. Rajan barabara Jalan Obasanjo. wahaca who
was Shama or something like this, that he basically struck him in the face.
And he caused his hearing his eyesight is like smell or
and his intellect to go damaged all of that. So Amara, who
basically adjudicated this case, and gave the victim for the ad, that is 400 candles. That's it, you know you become a kid and you're like this.
Okay, so then what we imagine is what Hannah Mattis said he woke up for Kadam was Zachary Mahara. Minna sin. What a sweetie. They are, what we call what he brought up the Vatican but his abdomen deity
for the mutilation of the soft tip of the nose.
The nipple of the breast,
the hand or foot, the gland spinners, which is the tip of the penis or the erupted part of the tooth or blackening the tooth, a full indemnity of the Oregon will be binding for mutilating a portion of them, the corresponding indemnity will be binding, why because they said that a breast without the nipple is like no breast, you know,
they say that what matters in the nose is the soft part the cartilaginous part of the nose, keep in mind if you cut off the cartilaginous part intentionally, not mistakenly intentionally, equally, retribution couldn't be administered. If If you break my nose from here or you come up my nose from here, no equal retribution to long DB the indemnity because we have talked about this before why we cannot guarantee a non transgression to rd in the execution of equal retribution. And I told you what the surgical precision Nowadays, there I mean, if people are flexible enough and they don't have to read from the mahatama all the time, then they could expand that.
Then it says here,
what else glands the glands are the erupted part of the tooth or blackening it, a full indemnity of the organ will be binding for mutilating a portion of them, the corresponding indemnity will be binding. So they have the mutilating a portion of them, and that corresponding indemnity will be binding like half of it, for instance, then half of the indemnity will be binding. They talk about like, a weird scenario where someone cuts off half of the penis longitudinal, I don't know how to do it or how, and then like, how they figure that out is like,
but sometimes they hypothesize even without there being a practical precedent, they just hypothesize
that it would be half. If someone cuts off the glands penis, that's the tip of the penis. That is the full indemnity because that is like, like cutting off the whole thing. But if someone cuts cuts, it cuts off half of it along the long axis, then it is half of the indemnity except if the remaining half will not be usable in terms of holding the urine and the erection. So two functions for that organ. If you lose the function,
the full indemnity will be
well be prescribed. But if you do not lose either function, and you cut off half of it along the long axis, they said that half of the indemnity is prescribed.
But I never heard the best of any practical precedent here.
But but also the amount of detail and the the pursuit of equity, the pursuit of justice,
they were almost obsessed with the pursuit of justice, how do we be how do we do justly? How do we figure this out? You know, equitably, is that is that concern? And that is what we need to learn from them, not the exact sort of applications that they themselves disagreed over all the time.
What we had a shadow luminaria Okay.
area or region was Becker was
in need when he signed up for us while I was sitting so there was second. It was another matter what antidote or nap it was Admiral asaba walk it ha ha Kuhlman, okay for mutilating the paralytic hand paralyzed hand leg for penis, the penis of the castrated or impotent, the tongue of the mute.
The timing of the mute, the blind eye, the black tooth, the penis whose glands is missing, the breast whose nipple is missing, the nose whose tip is missing, or the extra digit, the compensation will be determined by the authorities her kuhlmann via a coma. Oh, cool, Akuma means adjudicated by the authorities. How did they do it? They said, if you have a slave of the same gender, and the same thing happened to them, how much does his value diminish? If it diminishes by 10%? Then it's temporary, it is that's the Akuma in this case, then 10% of the day. So that's how they figured out the hacker mouth. Well, nowadays we will have to find a way to figure it out.
But then, so they said all of this, keep in mind, just keep in mind the principle. So they say if there is the penis of the impotent you cut it off, there is no data. But keep in mind that that there is a principle here that beans of the impotent was holding the urine and now the person cannot hold the urine. He lost the function he lost a faculty he lost that function he is entitled to that there
because the Hakuna will never reach that there
have the Oregon it will be always less than the of the Oregon the Akuma of any Oregon would be always less than the of the Oregon
sometimes the Akuma could be more but that is that is not when you cut part. Like if I if you break someone's rib and it goes back. It heals well. What is the there one cam if you break someone's rib, and it becomes bent or protrudes you know it doesn't heal well doesn't heal straight. What happens how cool man? Could the hukou man this case be more Yes.
coma in this case could be more but let us say you
call up someone's
come up something that cannot be measurable of an Oregon that is hard to measure of any Oregon, that's her Puma would never be equal to the day of the whole Oregon because it doesn't make sense.
In this case,
then the sheikh said we shall eliminate ozone when an mphil action will open Assam dia to hack me as for the paralytic ear the nose of one who has no sense of smell or the ear of the Deaf the entire indemnity of the organ will be binding what is the difference between this and the previous examples? They provide
exactly beauty aesthetic advantage that like he cut off my nose, okay, I you know, didn't affect I did not have
the sense of smell you cut off my nose, still man this is quite
devastating or my ear and I did not hear out of this year but I just wanted my ear because it you know looks good to have to. So, if you cut off one then that the camella okay versus versus
sL luminaria heroes you come up my paralyzed hand. There is beauty in having two hands. But it is not the hand is mainly not for beauty, it is mainly for utility versus the face and the organ the different parts of the face the the utility, the the beauty is the focus here, more than the utility. So if you come off my paralyzed hand there is no there is a coma.
compensations to be determined less than the day
less than the
but people can can always dispute over things but I told you like you know,
we will have to keep in mind that if I lose a function I'm entitled to the whole day
now quickly let's go over a sheet that because it should not be a big deal, rabbit Shijiazhuang idea chapter on hidden face injuries and others facial injuries as she just here to see what what we're here this
notice in the math hub there is an additional one that will come after in a moment. There is number 10 and it is in your commentary.
So she does he or
she jabbed are the hidden face injuries these are nine arranged in order of their depth of one Ohio harissa.
Roman houden and harissa which disrupts the skin without the without causing any bleeding that is a superficial abrasion in the epidermis like a very superficial abrasion that would not call cause any bleeding some Melba zerah Allah tianzi domina damania see and it does not matter how big it is.
So you know, no, it's here and we're talking here so and Okay, it doesn't matter the length of it. However, if it crosses from the scalp to between the head and the face if it crosses it's too You see that line if it crosses that line it's too if it is in the on the face or on the scalp and not crossing the hairline it's one
if it crosses the hairline here between the head and the copper or the nape What is it tool one no two this one
because there is no the for the for the wounds except the face and the head. So it is one and how cool my for this compensation for this to be determined compensate equipment you know compensation to be determined for the cut here, but if it crosses here between the head and the face it is two Okay, so thermal Bezier latian 00 Bezier which causes slight bleeding some nail bar they are unlucky top down
number three above the eye which exposes the flesh underneath the skin some messin happen let the brain our brain allows this rotten rocky
Okay, no no no. So
then I'm with the Rocky Mount which cuts through the flesh which cuts through the flesh. So, my son hackl at Vayner have and
then his son hack which separates from the bone by a fine membrane periosteum. So, if it reaches the periosteum
which is the the fine covering of the bone,
that's the SM hap these are how many five?
Is there any there more and more data for this the designated there for any of these? No.
for heavy incomes a lot of petofi Howard aka salsa we have
these five injuries above have no fixed compensation and no retribution in any case. So what is binding helcom compensation to be determined. Not fixed compensation compensation to be determined. What is the difference between how do I have is a punishment that is designated fixed by the law is this discretionary punishment now to Azir
would not be in our times you can keep the Azir up to everybody like every judge to figure out Taseer by himself and some judge who will say we'll cut the
judge will tell him you know, you do two hours in community service.
That would not make sense, you will have to give them basically a window. So for this, you know crime and that is the legislature's and Muslim countries that had to figure this out. You will have to give him window here is the year window for this here the window for this and then the judge uses his discretion based on the circumstances on based on the offender and how frequent they
commit crimes and all of that stuff to us that window up and down. But anyway hakama then the five that are coming in they will have the particular day What are they sub Malmo that
is in particular
different from anyone else because that's the only one where equal retribution in the case of what intentional
assault is prescribed for a mobile only and what is the reality once the la mafia comes in minute a bit while disaster evac cannot on the other hand, which reaches the bone, five camels are due for it or the equal retribution if it was intentional,
why is it different because it reaches a certain extent that is measurable, identifiable discernible, we cut until we get to the bow that said can you do it the same way Yes, cut until you get to the bone. Now if it is less than that or more than that, I can not guarantee
equity I cannot guarantee equality between the original wound and the inflicted wound al-mada some men have seen
what was symbol for pa arch road minute able number seven and a half CML which exposes and crushes the bone and bone then camels are due for it and more than five camels or equal retribution and hashima that broke the bone but it did not move it it broken. Now how can you break the bone and establish equality very hard, very difficult, how could you break the bone and ensure that the person would not die? Also you can't figure this out. So the first victim did not die You know, otherwise the whole deal would be due so the first victim did not die how do you do this to the offender and make sure that it's very hard so I know the equal distribution here only that then some
man wanna killer wanna be Kassadin copywriters media some madman a killer we're lucky today what we're actually more to tell our weapon call
mafia comes when he comes to
me not even
and when a killer which exposes crushes and displaces the bone 15 counts are due for it.
Some mama when he tosses the map what he has to do so as they're called moment because pasa Illa Ahmed the map, the map is called unmet demand. Some my watch reaches this sheath of the brain, the dura mater 1/3
of the full indemnity is due for it. So more they have reached the bone.
Enhancing it broke the bone but didn't move it. And when I moved to the bones, so it's this place fracture.
Then if I read if I go through the bone reaching the dura mater of the brain, the covering of the brain that is 33 cameras 1/3. Now, what is the next one at dhammika at dhammika that reaches a demand that cuts through that dura mater cuts through the dura mater is very unlikely to live. But if you live, you know you're entitled to 33 as well. It's just like that moment. So that's why he even didn't mention it here. Because it's just like
other injuries he says Phil, if there were a lot of Okay, so just mentioning something about mobile in mobile
you know, so here is this person here.
if you cut here like
from here to here, another half from here to here, and another motor half from here to here to move the house from here to here. What's the other day here?
Guys motor has five promote the highest five.
What do you have here? Then.
So what do you do to pay five? you complete the job you can test.
You get to come
This before this heals before these heal, you will actually pay five, not
two separate times.
But then keep in mind that a few if you do it intentionally, I may ask for equal distribution.
So if you feel like you got, like a woman, like a woman's three fingers, like according to the gym or before the heel, if you cut the force, you pay 20, not 30.
And that's sort of before they hear you pay 20 unnecessarily. But then, keep in mind, if you do it intentionally, I get to ask for equal distribution, I can ask for equal contribution. But if you do it from a place where I can't answer for you,
because that is equality cannot be determined, then you get to pay less. Now, certainly, I don't accepted this position, and I would not accept it. And don't tell me it's certainly matamata not matamata certainly I would not take it.
And the idea here is that
rigidity and sort of like
basically defending the damage and accepting America will make us look like legendary creatures to the world outside
to the Muslims primarily because that is the that that is the whole issue. You know, the rest of the Muslims who don't actually listen to us because they think that we are completely irrelevant. And for you, you have your own community of like minded people and as long as you are able to enjoy your biryani or capsa together go to Starbucks, you think that you have the world because you have enough friends gives you that's the momentum any radical group will have a momentum like how is it that some people here some people here in America can live a completely medieval life
All you need is enough social circle like and if you don't care about the world, and basically the interest of the religion, the interest of the ohmmeter in the interest of the humanity and so on. And all you care about is basically
enjoying your sort of delusion of Orthodoxy and greatness and piety among a group of like minded friends, all it takes is like a very limited number of people. And you could with online the virtual world, you could actually we could be talking about like a group of 200 people in the world coming together having a WhatsApp together like one of those groups on WhatsApp, and basically connecting together on Facebook and they think that they are that that they are not for each other and they could actually radicalize each other, it could be a vicious cycle, or radicalization could be endless, because they have everything they need for support for confirmation for acceptance, they
have all the need.
If you do this, and if like if you say to people nowadays he has some nafi like a you know,
like, Sydenham, SIPE cetera VR
But that is why in sort of all Muslim countries, you know, the condition that the people are in and all of those Muslim countries anyway
she except for
the positive for Jasmine gentlemen hyperphagia. For the wounded that penetrates into a body cavity, the compensation is 1/3 of the complete indemnity. If it comes out from the other side, it is considered it is considered to Jeffers to Jeffers. So, wonder if
anything that reaches a cavity, a cavity would be gyfer. So, if it penetrates What if it penetrates copper or sahabah armor? Is that or Abu Bakar I think if it penetrates, you know if it goes from here comes out from here that is penetrating two sides of the cavity, two sides, the from the cavity, then it's two JFS. That is two thirds of the data. That's two thirds of the data
to attorney by Iran where what is under any arvato?
for breaking a rib one camera is that you compensation for the two collarbones, two cannons for each one and for breaking the wrists, four counts. That's two lists. Each list has two bones. That is four counts. We said $1 if it comes out if it heals Well, that is one gamow if it does not heal Well, that is her Kuma compensation here that how cool Matt could be more than the there could be more than one camera.
Well, my other have lo
fi who are female, who fluffy Akuma and Yoker woman Virginie or Ali Abdullah denia Toby so miyakawa Mahi kabara at Fermanagh Asante Mati follow because the human deity elantech una jenaya aldwin Fie him cut the fellow Yoda with su alfalah Yoda was OBE arson
follow there always will be
you know in active voice follow jawas ob or shouldn't
that's in the passive voice mithila Ania should who do not know the half and I Addy boo, x Saruman, RC ha ha how
on Moulton fella here double XL main deity, aside from the injuries that have fixed compensation and those like them, the compensation will be determined on a case by case basis compensation is determined by assuming that the injured is a slave and his value as a slave before the injury will be determined, then his value after the complete healing of the injury will be assessed. The depreciation in value as a percentage will be the basis of calculating the data for the injury or the compensation for the injury. The exception to this is when the mutilated Oregon has a fixed compensation, in which case he the assessor should not should not exceed that, for example, for a
head and face injury that is less than or more than less than the compensation cannot be more than that for the mother. Likewise, compensation for injuring a fellow phalanx should not be more than
that for cutting it off completely.
Of course, it should not be I want you to keep one thing in mind.
All of this is in none.
the victim can ask for equal retribution or negotiate whatever they want.
So we're talking about
crimes and quiz I intentional crimes, these ones they have these fix penalties or fixed compensations, if it is arm, this compensation stands as suggested, I suggested compensation However, they victim and arm could basically demand the equal retribution or $2 billion
if you can collect the $2 billion
okay. Otherwise, I want equal distribution, your hand cut off your legs off your eye poked out and so on.
So this is this is important because this puts things in perspective.
And whatever it is that you find the discomfort then you will really need to appreciate the beauty of their extreme interest in equity and their extreme effort in realizing that equity within their own sort of paradigms and circumstances where views which are very different. And how do we realize the same objectives.
Keeping the same principles in different times keeping the same principles because that's also important because some things are not changeable. And some principle there are three different levels of abstraction. There are the detailed rulings. And there are the 50 principles.
There is the mocassin, the macrossan, three different levels, three different levels. Some people want to deposit without these, that that will be a problem because the mechanics of the law when are too abstract that will be shared by all systems, all religions, all sorts of legal frameworks or ethical frameworks.
However, some people are fixated on this level, which creates a huge problem, if you are fixated on the detailed rulings that changes in social structures will create a huge problem for you. The people who want to realize the process while respecting the principles and making the detailed rulings that basis, the detailed rulings are there basis, we are accepting all of them until proven otherwise, we're working with this. This is the raw material that we're working with. And then if there are changes, then we will have to basically consider these two levels of abstractions to make the needed adjustments after this level of particulars. So that actually already means viable. But
really, you should be proud of our legal heritage. It is really remarkable.
The amount of detail the amount of effort, the amount of good intentions invested in this legal heritage is
matchless and any other legal heritage historically, and then just don't look at today's laws and look at the History The history of, you know, development of different laws in different cultural backgrounds and different nations. You will find this to be really much less politically has also provided some radical iconic Shadowlands.