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FJT04 Fiqh of the Judiciary & Testimonies – Correspondence of Judges

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

Episode Transcript

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So tomorrow

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I'm about to proceed.

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So now we will go over the chapter on

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not conflicting claims but we will go over the chapter on correspondence of judges or bap, how can we get up and call the name having to put down my name Allah who died in the year 620 after the Hydra seven his book on that effect,

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which is a homebody primer

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under the book of Kava, and the chapter of how can we can have a coffee or correspondence of judges? Yeah, who's gonna help me AP cannot die No matter how can an event, some macatawa the cloud the better than ludzi mahoe kobudo

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Akuma Eb judging against an absent T is permissible. If the claimant has proof judging against an absentee is permissible, if the claimant has proof.

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This is the authorized position in the mother. We said there is another position in the map that says judging against

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judging against an absentee is not permissible.

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The person has to be present. However, what if someone is hiding?

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What if someone is far away when we insert a pause the establishment of justice because someone just decided to travel,

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have a disputation with someone over this building. They emigrated to America. For them, they're not coming back to the US to give up my rights

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and something like that. So, the authorize the view and the Hungary method is that

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no, we will move on. If you have proof, we will employ that. And we will judge you in favor of the person who has proof even against an absentee.

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They don't judge for an absentee unless the absentee hires an attorney agent to basically represent because they don't judge for people unless they make up our unless they establish a claim can't establish a claim if you're not present. And if you did not hire an attorney to act on your behalf or representative, but they will judge against you.

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We should say that to incorporate both assertive concerns,

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we should try our best to summon the absentee to court and if they don't come, then we proceed.

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But then the SEC says why when judgment is passed against an absentee and the judge who writes to the judge in the town where the absentee resides to inform him of his of this judgment, he the second judge must accept and enforced upon the person against whom the judgment was passed

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against whom the judgment was passed. Now, if

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Okay, so, the judgment was completed, he rooms It is not that something was like the you know, was established for instance,

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because there is a difference between giving the final verdict and

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the establishment of the Vienna if the if there be you know, was established, this is judge a, this is judged to be he is in this town, Judge he is in this town.

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Johnson he writes the judge B tells him that I judged against x

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a judgment against tax

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enforcement

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enforcer

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jobs to be should act upon this and enforcement. He will not restart the case he will enforce it.

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Okay. Now we've judged he says

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to judge me, that the ban was established I did not pass a judgement but then I was established he will not have to act on this. Unless, unless is down is

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shortening like distance where in which you shorten the prayers farther than a distance in which each organ the primes

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you know, maybe maybe these are more details when we need to discuss

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The idea here is that when our judge writes to another judge, when judge a rights judge B, Judge B should enforce the judgment of the day. There are certainly a lot of details here.

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And even

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when he talked about this

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Yeah, I think he may talk about that a little bit later. Okay.

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Then the SEC said what I asked her to elaborate Dania lane Jaco Lam Corolla in Korea, Allah, Allah He behati for college, a year and a half kitabi you know, how many years with him and kobato Muslim, you know,

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the letter must be authenticated through the testimony of two trustworthy witnesses who say, he read it before us, or it was read before the judge in our presence. And then he said, witness that this is my letter to so and so, or to whomever it reaches of the Muslim judges and rulers. So just a win, send the book,

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come up with a drawing, you must realize that.

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But you send the book, this is the book.

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This is the message. This is the letter. It's called the Kitab. Its means letter, you know, send the letter to judge be

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carried by two witnesses.

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For the end of the day, if the Two Witnesses go and testify and say something opposite to what is in the book, Judge, we will go by the two witnesses, not the book

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in the mouth.

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So the bottom line actually is, well,

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we have two witnesses, so

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but to write all the details and all of that stuff. And the two witnesses will be basically testifying that the content of this content content of this letter could be a mentee letter was read before was read

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before us

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to the judge, and he approved that.

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And if the ad, which is not a conditional, but the ad though it's not condition or prerequisite or requirement. And he told us be my witnesses that this the content of this book is my letter to this so and so judge or whoever creatures of the rulers or judges, Muslim rulers or judges, and that would be helpful. But they are carrying givers. And they're taking it to the judge. Why did I say

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these two witnesses.

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At the end of the day, it's two witnesses carrying two witnesses go and say to judge B. This was the judgment of Judge he will go by the testimony of the two trustworthy witnesses. But certainly, like I said, the book could have, you know, details that they may not memorize.

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So that's why that's the benefit of the book. But according to another report in the Hanbury method, which is not the authorized report, in fact, it is not the authorized it is it is a medium is chosen position.

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So remember Benzema Kamala chose that position.

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And others also chose that position from the different mazahub. But that position is not to authorize the view in any mouth.

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The judge should speak and act on the handwriting competency. If the handwriting gets verifiable, if there if the stamp if the seal

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is uncompromised, the handwriting is verifiable. He would act on the sealed letter with verifiable handwriting.

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This is a minority position traditionally,

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a very minority position traditionally, this is not authorized to view in any of the form of, however, by the time of the left hand and Manasa, who is a great great scholar struggled to math hubs, Maliki's Maliki and Chafee methods

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predominantly Maliki though

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Because he was from West Africa and Andalusia, he was between West African and Volusia.

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highgrade scholar Manasa.

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He said that 620 after the hedger, he said, in our times, hold the judges act upon this position,

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which will tell you many things

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that, you know that the idea that there was consensus that you must act and authorize the view of the mazahub.

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That consensus was reported. But the very interviews within the mudah have continued to be acted on

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without interruption

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variant views that are not considered the authorized the views continued to be acted on without interruption. And sometimes, for practicality, it was just not doable. And he says

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he says that they all the judges act on this, their privacy and handwriting.

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T because of the dire need for this position.

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You know, it's, you know, you're not going to be always when you have

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a larger state, and, you know, greater population, and so on and so forth. You cannot afford to have two trustworthy witnesses all the time, communicating things between judges,

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therefore, hacked and gone, the handwriting down to the scene would be

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permissible.

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Now, if you go and say that we judged against X, and X was this crime, and access, I'm not the person,

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I'm not the person. Excellent describe.

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Excellent need to prove that someone in this sound

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may have his name, or close to his description. And if he can prove it, we will judge against facts.

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Keep in mind that

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we will come later and talk about the scope of application of this.

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Because certainly you're not going to establish had on this basis, at least according to the math. And according to the 100 ps as well.

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Okay.

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Remember sexes.

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So we're with

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that concept of acting on the handwriting, verifiable handwriting cut the club, the

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verifiable handwriting of the judge, in our times,

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we have to just make sure

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that this process is secure. Because nowadays, it's electronic. So nowadays, we're going to be talking about what

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cyber security, you're going to be trying to say if it is, if we can verify the security of these documents are these files, encrypted this and that. And that could be the language that we will talk about nowadays, in this language literally, every time has different lingo, different circumstances, that must be taken in consideration.

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And it's access for inmet and matobo. In a

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housing for also v Amina V in metal categories in by the community.

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If the one that's the judge ruler being addressed by the letter dies or is removed from his post, before it reaches him, and it reaches someone else, then that person should still act upon it.

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Okay, by the time the letter reach

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B was fired or died or anything happened to the B is not there anymore, C replaced B.

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See, that that book is addressing B. C should still occur

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because it has the same jurisdiction.

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Now what if a

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That's the that's the writer of the book, not the recipient, the sender of the book or the other. One, if he died before the letter reached to the he says it would be permissible to act on it.

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And actually should be,

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you know, in our times that it will be binding to act on it because we are not going to reverse. You instead enforce the rulings of the judges after they die. Keep in mind that this was before enforcement here before enforcement and interim between passing the verdict and enforcing the verdict.

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Because he's writing to be to enforce the verdict.

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Why Okamoto keytab will call the vehicle they happen in law, sauce.

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vendor checks as

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letters from judges are accepted concerning all cases, except for dude, and key sauce, letters of judges are accepted in all cases, except for dude, and pithos.

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This particular position

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except to her donkey sauce, is not the authorized position in the mother, by the way,

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this is a weaker position in the mother

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because the authorized position in the mouth makes the distinction

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what

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how can learn

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how can

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rights of Allah

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rights of people

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when it comes to how can

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I say the authorized physician in the mother when it comes to happiness? What?

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fixed penalties

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so when it comes to happy lawyer,

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the lawyer the judge does not is not enforceable in the authorized position in the mother. Why is this?

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So basically efforting the penalties with

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civil or sort of

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contingencies any reasonable amount?

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Yeah, reasonable doubt.

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So that is, that is the reason why you don't apply.

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So

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far greater or a couple good enemy.

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All right. Alright, so a lot greater the rights of people?

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Well, that question may sound blasphemous, because if you're thinking it's, you know, a la creation, right, so the creator are greater, of course, but in terms of binding this, the rights of people are given precedence and the rights of a large job, because at the end of the day, Allah does not benefit from our power, and is not harmed by our manslayer. At the end of the day, the rights of Allah are for us also, for our own well being, because it doesn't add to his dominion.

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What I

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can

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say,

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or what I know what I can wear for the comprehensive

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income, and as other very creepy monkeys, that's how they could see. So So if the person the last dungeon and the end someone you were as biased as the most pious view, this will not increase my dominion of the first one the last time. You know, you didn't advance among you were as wicked as the most wicked of you, this will not decrease my dominion. So a lot of us not benefit from any of those. So the hardwood, hardwood also are for our own well being.

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That is why happened is that, you know, is basically corresponds nowadays to what

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the right of the state

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that's what

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responds to in secondary judiciary's.

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So it's not an individual, right? It's the right of the state.

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So what are the rights of the society at large? So that's why it's not an issue here that

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when we say that we're giving precedents that could either mean

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you have to understand what this means is not because Hakuna demeanor greater than Coca Cola is because

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they are based on what's on my heart, which is leniency. And how could I have now

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based on the Shahada, which is what

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Yeah, you could say that

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stinginess miser Venus,

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Mars and Venus. Okay. So, then

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then, according to the, you know, the hadoo according to the canopies, according to American chapter is the book or the letters of the judges will apply to all things. According to the canopies on hand bodies, the book, the letters of the judges will not apply to produce

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and according to a variant position

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in the 100 emails,

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the HANA fees they will not apply to

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us either

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right. So,

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E plus h

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except

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hunka sauce

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capital except

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on me.

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Hammer plus has

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without exception.

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Okay.

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So, that brings us to the end of this correspondence between judges. And the point that we need to remember here is that

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the bottom line here is what continuity of the judiciary, continuity of the judiciary, between different judges between different rulers between different jurisdictions or districts, there should be continuity

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that may sound

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more like central government than a confederacy when Muslims when the Muslim state and was more like a confederacy than a central government.

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But now in terms of applying the enforcing the judgement of the judges, you can have

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hanafy judge in this territory and Hanbury judge in the next territory hanafy judge who would send it to the combat agent

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to enforce a particular noting that combat a judge does not believe in that

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the Hanbury judge would enforce the ruling

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because it has been passed has been passed already, then would enforce that already. That is in favor of one

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concept of stability, continuity, and all of that stuff. The fact that we have a hanafy judgment this this frickin home value judgment business record that is based on what

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consideration of local culture consideration of local considerations.

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So more in favor of a confederacy more in favor of central government different aspects anyway. But in general, I just want you know, the concept of being that we're talking about here is the continuity, part Harvard judiciary.

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So that's where there are no inconsistencies. There are no inconsistency is once the ruling has been passed, to be enforced by the other judge whether or not he believes and the soundness of the ruling in his book.

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Certainly, if not ruling is completely crazy, then the judge will

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basically not be bound to it.

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And the other concept that is important to hear to remember in this particular chapter is the concept of verifiability. Because that's what they talk about the talk about a lot of talk a lot about the verifiability.

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So,

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this is all about cybersecurity nowadays, because all correspondence between all people happens nowadays in that space. So,

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you know, making sure that there is enough cybersecurity. That's probably from audio that comes from

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Africa to weather