FOP01 Fiqh of Penalties ā€“ Book of Fatal and Non-Fatal Assault

Hatem al-Haj


Channel: Hatem al-Haj


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I'm about to proceed. So today inshallah we'll start a new segment. And

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we're, you know, we're almost there.

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We have the segment on it to do with Jeanette, and then the segment on a Jihad and then the segment on it.

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So three different segments that we will need to finish before we finish all the fab. And Hadoop while Jenna

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and Jihad will be next after due diligence.

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will be next. And then that is part of it. You know, I'm just not talking about the books I'm talking about the distinct segments that we ought to finish to finish the entire book in sha Allah. So what have we finished so far is

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and then we finished that in Malaya.

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And then we finished in Mallory's

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and then we finished

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for family.

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And then we finished after it was raw

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foods and drinks.

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And then we finished a man when the zoo

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the segment on hosts and vows. So these are how many big segments 23456. And then we have 789. To finish, keeping in mind that the section on it, I bet that is bigger than all these three,

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by multiple folds. So

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so we're done with basically most of the book, you could say that this is all the three segments that are left with constitute like one seventh to one eighth of

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so hopefully,

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we can,

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you know, because usually I end up being wrong, whenever is just like making those predictions. So I'm just not going to say how long it may take us to finish.

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But then Elgin app is the Hadoop, Hadoop.

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And he started by imagenet

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is the first

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is the first segment. So since we're starting a new segment, we'll talk about

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the different approach, we will follow

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from here until the end of the book, because it's not going to be the same approach.

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The different issues that we have discussed in the past are extremely relevant to your personal practice as a Muslim, as a Muslim, right? I bet that financial interactions, family inheritance, Olsen vows, foods and drinks are extremely pertinent.

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Therefore, our approach was pretty classical, you know, not classical in the sense of you know, so we're, we're talking about the Hon Betty method, and then we're given a little bit of comparative flavor talking about the positions of the other myth I have. And we may have also addressed some of the contemporary issues that are pertinent to the different chapters.

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That's the usual stuff. Now, when it comes to geography.

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And when it comes to jihad, and the other who said that.

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So, you know, penalties, judiciary, jihad, these things are,

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you're probably not particularly sort of.

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Yeah, I don't expect that you will be establishing any Hadoop anytime soon or that you will be presiding over any court hearings and

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any sort of

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penalty is fixed penalties. Therefore, therefore,

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what we will do is

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hand the

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Important thing that the reason why I told you before that I like to take a classical book and go from cover to cover, and not skip and so on is that you should be familiar with everything. Remember that anecdote I told you about the learns that my grandmother used to be very religious, and then she read the Bible cover to cover and that's when she lost her face. So, Muslims should be always exposed to the tradition. And we should discuss everything in that tradition with transparency and accuracy, but also with contextualization, because it is important to contextualize it is important to have a better like a deeper understanding, it is important to understand the sort of the modern

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application It is important. So, we will talk about the rulings, the rulings.

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But since we need more flexibility, we will be talking about who you are, we will be talking a bit more in detail about positions that may

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suit our times

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despite the fact that they are not necessarily Hanbury position. So, when it comes to

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like Muslim and McCaffrey for instance, a

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Muslim should not be

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basically killed for a

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non Muslim.

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This never meant that it was okay for Muslims to give non Muslims it just meant that one of the conditions of one of the conditions of his defenses or the basically fulfillment of the conditions of equal retribution was missing according to according to the mannequin shock phase and combat is

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not according to the honeybees, who said that this hadith applies to how to bees not to non Muslims in general, it applies to heartbeat it does not apply to them me which is the contracted Muslim live in their Muslim land.

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Because further than me, they report that something means have been killed for getting Muslims highly reports from our enterprise from others.

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that detail may be less

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when it comes to the technicalities, may be less because as I said, I do not expect you to be presiding over any court hearings anytime soon, for establish any hurdle. Therefore, the the the amount of details will be less, we will go over the on the and provide some commentary on the on the but we will not expand beyond the 100 like we did in the previous chapters, because your need for detail here is less than you needed for inheritance or worship or foods and drinks and things of that nature. So there will be less detail and you will you do find in the book less commentary from here until the end of the book, you'll find a lot less commentary than from the beginning of the

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book until here.

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then we will dedicate some energy to the defense of Sharia in the sense of justification. And in the sense of discussing the modern application.

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In discussing modern application,

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it is important to note then we when we discuss modern application, I sent you the articles, please read my article on the apologetics Islamic apologetics and the you know, please read it all if you can,

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because it will explain to you much about you know how we will proceed from here. And what I mean by justification and what I mean by modern application. And modern application is based on the principle that the fact work can change with the change of time and place. This is a principle that was basically

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and emphasized and defended by some of our greatest most sort of

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illustrious scholars of our history.

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For our tree, you know, our tradition from different backgrounds.

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That is not changing the divine address. But the divine address itself has built in flexibility to allow us to change the Fretwell with the change of circumstances.

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There is also a concept that is extremely important to understand which is the concept of reciprocation, while other super levena had been doing it live, so bolado and behave and Do not insult those they invoke, besides Allah, less, they will insult Allah.

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That means what, we're not living in a vacuum.

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And more than ever, the world has become much smaller and compact, more than ever before. communities do not live anymore. Who parallel lives. They live, very engaged, involved intersecting lives.

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People used to live in ghettos or used to live in different neighborhoods, where this is, you know, Christians lived here, Muslims live the year, you know, or Buddhists live the year, you know, Hindus lived here,

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and they sent their kids to religious schools, and then they have different professions, the interaction was limited. Now, this is not that change in the world is not all about a liberal democracy conspiracy, and that is making that diluting religion, some may be related to that. Some people want to trivialize religion, and make religion irrelevant and push religion completely outside of the public space. Where absolutely not further, however, there are different logistically, there are different mandates different requirements of maintaining the Civic good, in a world that is so

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integrated assembly, you know, assimilated,

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you have the nation state, and you have people from different backgrounds, who share the same space because of logistics, logistical necessity,

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you know, you have trains, you don't have to, you know, carry, you can take your camera there anymore, and, like, wherever you want to go, there are trains and buses and airplanes and so on.

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There are factories where people of different backgrounds will need to work, if you aren't in your workers lounge, should you hand up a verse of the Quran or the Bible

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that talks about you know, that may be

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I want to say something like respectful,

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that may hurt the feelings of the co workers who come to the lounge, you know, in your, in your factory, for instance,

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things of that nature, these are dictated by logistical necessity, necessities, not

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an attempt to to trivialize religion, but an attempt to maintain the Civic good, because the world has become very different. And people are mixed, integrated, assimilated in the public space a lot more than they were in the past. Therefore,

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what are basically how can we

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figure these things out? Can a Muslim country

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and that is part of the discussion that is ongoing, between the secular elite and the sort of Islamic movement, there does need to be listening from both ends. People need to listen to each other, so that we can find the way out of the chaos and the misery that we live in.

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Because without

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a system of righteous governance, peaceful transition of power, these are good things, these are not bad things. Whenever people hear this, they you know,

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they just like they think that this is you know,

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corrupted now corrupted this course, peaceful transition of power is a beautiful thing. Good thing, it doesn't have to be like Dr. Bessie and would have to take over from the movie and slaughter all the movie and and so on and every sort of dynasty taken over and making a big slaughter so that the beginning of every dynasty, you know, is a massacre. And we have, you know about the less affair to begin with the episode dynasty. So it doesn't have the peaceful transition of power is a good thing. You know, it happened from the province of Quebec, this happened from a molecular trauma, and in different ways, there was not one sort of

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political, that was unified between the prophets of Salaam and Abu Bakar, between Abu Bakr and Omar between Hamas and Osman between us men, and it happened in different ways, not one protocol, but there are principles that are respected principles that are respected, yet the technique the mechanism that the dynamics have different within one generation, there have been differences. So can you imagine after 1400 years, and with the enormous changes in work conditions, should there not be accommodation for the changes, there should be accommodation for the changes? Now, keeping in mind that that concept of reciprocation,

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can you now say that a Muslim should not be killed for a non Muslim? Like if a Muslim killed a non Muslim in a Muslim country? like Egypt?

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Can this this course even be

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sort of

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bearable by the, you know, the so called secondary elites, or the majority of people, not the secretary leads? The the people in the different coffee shops in Egypt to go and talk to them about this? It is not it's not it's not possible.

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Now, wherever this may be,

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theoretically applied, like in Saudi Arabia, their hand batteries, have batteries.

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do believe in this, the you know, and certainly,

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it is the it is the majority aside from the HANA fees.

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But at the end of the day, if this non Muslim that was killed, is backed by a comes from a citizen of a strong country, he will not be

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that Muslim is not going to sort of, you know, find his way out of this.

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Now, generally speaking, you know, traditionally historically so that we have a proper understanding of our tradition as well. That Muslim

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was viable.

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Was he committed a crime

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that is punishable but not by equal retribution? Not cases according to manage interface and combat he's liable and subject to equity, retribution, according to the higher fees. Okay. So

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but, but nowadays, taking the hannity position

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is it is not a matter of luxury, it's a matter of necessity, it is not even affordable to to take the position of the majority.

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And if you want to say you know, this is our religion, we just do whatever we want.

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Then then that that certainly is there is up to you. But again, at the same time, what are super the neither one of us

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can we say that

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you will be okay here, since you live in a non Muslim majority, to not have equal rights.

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You have to be you have to be fair and reasonable.

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The type of work that we aspire to have, we have to be consistent because most of us our this course, sounds very hypocritical. Including including

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your liberal Imams, the orange

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Whatever you call it, that this court still sounds hypocritical, because everyone,

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everyone tries to build that mutual bond with the rest of the community, the rest of the Muslims.

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How do you build that mutual bond,

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you either built it through shared love or shared hate, we're having a little bit of difficulty with the shared love thing.

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Because we, you know, look, look at, you know, look at the social media, like, if you are, you know, just the other day someone was saying, Tamia La La to LA. So

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that is, we're having a little bit of difficulty with the shirt life thing. So, it appears that for most of us,

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you know, the hate of the other is the way we can get closer, build a bond, that is a miserable way of building the bond among ourselves, you know, if that if that is the only way we can build the bond, and promote, enhance and improve the mutual bond among ourselves, that's a very miserable way, because that will basically make us more

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you know, that will just create more problems for us, as minorities, and keep in mind, most importantly, it will make more problems for the Muslim majority countries.

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So, we have to understand that the concept of reciprocation, we have to basically understand that

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there are certain things that you need, you basically need to, to consider that that particular piece of modern application, how are you going to do this? Now, when we talk about this, we have something called the definitive or Cockney.

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And that

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and, and certainly,

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certainly that properly,

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for the definitive is also subjective, even among, among the scholars to some extent, but some of it is not subjective, some of it is objective, we have the copy of the revelation,

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the copy of the revelation,

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like for instance, sodomy will never be allowed in Islam. It's just like, it's will never be harder. It just doesn't happen. You know it, because it will basically he like, if you want to make it harder, you're blowing up the whole system, the whole value system, the whole pyramid.

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So there are certain things that are

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uncertainly and I'm talking about this between two different genders,

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or two different sexes. It is it is halal, according to the it is haram according to the majority. Always, always. But when I'm talking about definitive here, I'm talking about between the same

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between the same.

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So, now that that definitive thing

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that is really definitive is is out of touch,

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out of touch, except when

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in the Aurora

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and the rural, even that definitive, don't you eat pork in Aurora

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is a definitive or in definitive, definitive, it is out of touch except in Aurora, but if there is no Aurora, or League of Aurora, then we can discuss it. So, we have like a bottom line, that we cannot we have bounds, we have a bottom line and we have bounds and every religion has for their religion survival. You can't make the religion sort of without bounds and without the bottom line.

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No religion would survive that like this. So we have a bottom line and we have boundaries and we have to respect them and anything that is definitive is out of reach except in cases of necessities and so on.

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But then, beyond this, then we basically will find in our tradition in our heritage, we will find positions that will

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will not put us in hardship,

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has communities has a community as a religious community that will not put subject to hardship.

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The issue here is that we have

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different groups of people,

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we have a group that is that wants to start anew.

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And basically find that the legacy is too

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and unsuitable for the times. And they want to start anew. Some of them profess Islam, and they are they fast and pray and so on. But they still find the laws, the legacy, the legal tradition, to just be insufferable. And they want to start anew.

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Some of them they want, and it's expected human beings are like this, at the other end of the spectrum, some of them are so radical that they want basically,

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to completely disregarded the notion of context suitability

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propriety, etc. And they want their own understanding to be imposed on the majority of Muslims, and non Muslims.

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And their own understanding could be very rigid. And they may, it may be dictated by their under sort of their sort of psychological makeup.

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Keep in mind that many of the Muslims that grow up in in this culture will tend to be or in Europe will tend to be extreme like this, they will tend to be either here or there.

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Because they don't have to work with other people, like, you know, to grow up in a Muslim country gives you that advantage of having seen it from inside, you know, what is working and what is not working, and where is the tension and where's, and all of that stuff. But people here,

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and particularly second and third generation people that are detached from Muslim countries back there.

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To them, it's a theory. And it is either, you know, all or none, it is either,

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that they become sort of disenchanted with our legal tradition. And they just go away, they become extreme in that sense. Or they develop a reactionary position, and they become extreme in this way. So they want to defend everything that they consider to be Islamic, without any sort of consideration of it may not be the only Islamic position, have you already studied the this matter? Have you investigated? Do you know, if this is the only Islamic position, do you know, that contemporary discourse among the scholarly community? now talking about the contemporary discourse, like among the sort of,

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you know, the laity, do you know, that contemporary discourse among the scholarly community or not, no, nothing, it's just that because because they identify as Muslims, they just want to defend anything that would be sort of Islamic.

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The people that are that are working in the middle here, who want who want to respect the definitive want to work within the legal tradition, to find solutions that are suitable for the time and that are possible.

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Today, you know, these people are always accused by both ends of extremism.

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These people will see them as radical. These people will see them as sellouts.

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And they just have to suffer through you know, if they're if they want to do this for the sake of Allah. They just have to basically continue doing it and ignore all the noise. Ignore all the noise this dead word will

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Want to work with the definitive they want to work within our system, our legal tradition, our system, but they are they have flexibility and they have like a level of understanding. Like when applied I'm not sure says that what the bullhorn that the state can stop. And I'm not necessarily it's not particularly that

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example. But basically Wife

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Wife hitting when a target of now sure can say that the state can

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put like

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for a bit while hitting because people have abused because people have weak religious commitment can become corrupted to where the state may intervene and stop this

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have we seen things change during the time of the Sahaba have we seen measures have we seen Homer suspended the you know the heart of Sarika have we seen Homer suspending and continues to be suspended up until now, at every presenter, which is exciting people if they commit fornication, because

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although it was it happened during the time of the prophet SAW Southern, but it was fear that it would lead for those people to leave Islam. So that tech ribs segment of the heart was basically suspended up until now.

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Have we seen off man change things about you know, the ability label for instance, and order them to bring a lot of debit to a you know, pick up the table and not leave it? and things of that nature? Yes. So when I thought I'm not sure it says something like this

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certainly for the the deck completely unqualified, that complete and it is okay for the qualified scholars theory to refute? Absolutely, because that is the healthy discourse, prospectively refuted

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completely acceptable, but for the completely unqualified to consider a sellout to consider him a mother and this to consider him a liberal This or

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this would this is just

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there is no there there are no words of thought of now Sure.

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is a scholar, well grounded in knowledge.

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Not just a scholar, he is from Drosophila and

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that of Sierra Club nashor is unparalleled.

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Since the beginning of Islam until now, there is no better Tafseer.

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And many, many would would would agree with it. Many, many people would agree with us, you know people who are impartial and fair. So, for someone who have not finished one book on

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to basically

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recline or second his recliner, and say, I'm not sure is allowed. And you know,

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the keyboard is trying to like wage a campaign, like virtual campaign.

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How can I how can we survive like this? How can we have civil discourse? How can we, that is completely like completely, utterly crazy and disheartening. And it will prevent people from providing solutions from within the system

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to basically for our legal tradition to survive,

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and for our legal tradition to not be wholesale rejected by now the secretary leads that you project all of your blame on but the majority of Muslims in the Muslim majority countries is not a secondary leads. It is the majority of people who profess Islam.

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Therefore, we have to give some room

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we have to have some decency in our discourse. And we have to allow some room for this color is that are well grounded in knowledge, to work with our legal tradition, in a way that when

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that will be conducive to survival in modern times in modern

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there is a difference between antiquity and modernity.

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When the Christians cross the from antiquity to modernity, they had a very rough and chaotic crossing.

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We want to cross safely in what sense in preserving our Deen preserving our Deen without plunging into complete chaos and

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sort of

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tribulations and that we are going through in the Muslim countries.

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So we just wanted to safely cross

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and preserve our the tradition preserver the and preserve our legal tradition. Therefore, when we talk about these things,

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try to

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basically understand your little position in the sort of the corner of

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society coroner there,

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just try to treat yourself if you have any delusions of grandeur or leave it up to the scholars, well grounded the knowledge that are in their own countries and pray for them and support basically a civil discourse within the Muslim community support, what you can support if you want to work for the betterment of the Muslim community worldwide, do your best there there is so much room for you to me to help so much room for you to help but do not

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you know avoid that lift to

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lift yatala and Harlow and Hawk which is do not usurp the right of others,

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the people in charge the people in authority whether they are added in or out of the 100 locked because that would need not be suitable not appropriate

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at all, just leave them what you want to believe in deep in your heart is that whatever Allah had prescribed is perfect, because that is integral to being a Muslim.

00:37:31--> 00:37:55

Whatever Allah had prescribed is perfect. Now, if he asked you what do you suggest for the Muslim countries of this point and when it comes to the huddle when it comes to this defer to the people who should be in charge of this, who should be discussing this, you know, the scholar is well grounded in knowledge and added Hello ad hoc in the different Muslim countries.

00:37:58--> 00:38:07

Okay, this was a long introduction, but it is important that we start with this, it was important to start with this introduction.

00:38:09--> 00:38:12

There will be some issues here that

00:38:15--> 00:38:18

are sensitive. And

00:38:21--> 00:38:32

like we did in the past, we will be clear and transparent. We will talk about them. But we will also try to contextualize them and talk about modern application

00:38:33--> 00:38:39

development for them or him Allah in his book alone, which is a comedy primers under

00:38:40--> 00:38:47

the book of crimes of fatal and non fatal assault. Kitab Jeannette?

00:38:48--> 00:38:52

Why did he what is internet What does that mean? What does gentlemen?

00:38:55--> 00:38:56

transgress transgressed

00:38:57--> 00:38:58

means harvest

00:39:08--> 00:39:09

or harvest

00:39:10--> 00:39:18

the harvest? Why? Why are we using this for generic or crimes?

00:39:20--> 00:39:24

Because you will harvest the consequences of your evil,

00:39:26--> 00:39:40

you will always harvest the consequences of evil here in this dunya and thereafter. So denia Jana denia. He had committed a crime, it means that he will harvest the consequences of his doing.

00:39:42--> 00:39:53

Why did he use the plural instead of the singular, generic versus generic? Because there are different types

00:39:54--> 00:39:55

of generic.

00:39:56--> 00:39:59

So what are the generic in the sense of crimes

00:40:00--> 00:40:01


00:40:03--> 00:40:04

and linguistically

00:40:06--> 00:40:10

they are about assault or aggression against

00:40:12--> 00:40:12


00:40:14--> 00:40:16

that includes fatal and non fatal

00:40:23--> 00:40:24

that would be

00:40:26--> 00:40:28

assault against property.

00:40:33--> 00:40:35

That would be assault against honor.

00:40:39--> 00:40:55

assault against property would be like a lot of things, you know, study count stealing, if the last embezzlement was forceful seizure, so hospice when you take it from me

00:40:57--> 00:41:01

not discreetly, just like by force,

00:41:02--> 00:41:08

Sarika is when you take it discreetly, if the last does not fulfill the requirements of sadaqa

00:41:10--> 00:41:22

you know, as an employee, you have the money with you for instance, but you take some invisible some of the money, but the money is not in a head is away from you, it is not in a safe

00:41:23--> 00:41:34

away from you or locked and so on. So, that we call it Sadiq Khan, it would be tell us, so, different types of you know, violation of property here

00:41:35--> 00:41:52

vandalism and so on. And honor such as accusations, libel and accusation stuff like this. Now, when it comes to and jenai In fact, what do they refer to

00:41:53--> 00:41:58

then basically, they refer to all of this in fact, they refer to this only.

00:42:00--> 00:42:07

So, how are we going to call like aggression or how are we going to call transgression of your

00:42:08--> 00:42:11

property? What are we going to call this

00:42:13--> 00:42:18

and why Where are we going to place this

00:42:19--> 00:42:22

under and even the honor here

00:42:23--> 00:42:24

under which

00:42:25--> 00:42:28

category Hadoop

00:42:30--> 00:42:57

this will be under which category open source it is geneon you know, because here we have kasasa these are generic fatal and non fatal assaulting the body fatal and non fatal assault on the body here it is here dude. So, why are we separating the category of Hadoop engine x?

00:43:06--> 00:43:15

Correct? Correct, but why why is it like this, that this loss would involve that the family would have a say in persons or

00:43:17--> 00:43:45

the entitle heirs of the victim or the victim himself in the case of non fatal wounds? Why is it that they have a say, but they don't have an say here except with the habit of class or accusation of change chased people of fornication or something, where there may be some disagreement here about the hot

00:43:47--> 00:43:53

produce, you know, are considered to be the rights of Allah

00:43:56--> 00:44:00

or to help you have to learn how can I bet right have a

00:44:01--> 00:44:25

generic or a bad to handling fee How can a bad either have color you give precedence? Although all of them are both hakalau capillary bed, but in Jeanette, you are given precedence to how could I bad and in her Dude, you're given precedence to Hopkins.

00:44:30--> 00:44:31

Why is this?

00:44:36--> 00:44:41

So like, someone stole money from me, someone

00:44:42--> 00:44:43

punched me in the face.

00:44:45--> 00:44:47

broke my nose. Why is it different?

00:44:52--> 00:44:53

public welfare

00:44:54--> 00:44:57

is a safer lie saying that

00:44:58--> 00:44:59


00:45:00--> 00:45:01

There is enough

00:45:04--> 00:45:11

there is enough motivation or interest in retribution.

00:45:12--> 00:45:23

But here they may they may there may not be and because the violations here which is for vacation accusation, which is

00:45:27--> 00:45:33

you know the shadow had the camera and drinking wine

00:45:35--> 00:45:39

from Rui Sarika taraba

00:45:42--> 00:45:49

because some may consider these things like fornication like stealing or like

00:45:55--> 00:46:07

a lie saying that I will not leave it up to the community to decide, not leave it up to the community to decide the evil of this because the evil may be subtle.

00:46:08--> 00:46:09


00:46:11--> 00:46:13

you know, someone who stole

00:46:15--> 00:46:18

like an iPhone,

00:46:19--> 00:46:21

really you cut off someone's hand for this?

00:46:25--> 00:46:27

Well, that's the question that people will have.

00:46:31--> 00:46:37

So ally, saying that the evil the that the sort of the societal harm

00:46:38--> 00:46:40

is such that this

00:46:41--> 00:46:43

individual incident

00:46:44--> 00:46:46

may not be that big of a deal.

00:46:47--> 00:46:52

But the fact that that person had violated the sacredness of property,

00:46:54--> 00:47:06

and he may do it the same in the future. And keep in mind that this is in an in an Islamic environment, where we have we have fulfilled all of the

00:47:08--> 00:47:11

requirements and conditions for this to be applicable.

00:47:13--> 00:47:27

And there is compassion, and there is this and that, and there is a cat and, you know, and certainly not in times of famine and Latin. But anyway, the issue here is that the violation of the sacred property,

00:47:29--> 00:47:35

if we allow this to happen, because we are always saying that is not really a big deal,

00:47:36--> 00:48:18

that will recur, and will spread vertically recurrence and horizontally spread to other individuals, because when this crime is not punishable by something severe, the possibility of spread will always be there. So, that is the difference between these two different segments, and croissance, which is equal retribution, and Hadoop, which means the boundaries, these are the fixed penalties, these are the bounds the laws don't cross here are the fixed therapies for these crimes.

00:48:22--> 00:48:26

So keytab internet is then

00:48:28--> 00:48:45

about what about assault, but not all forms of assault and not all forms of violation or transgression, but the only body bodily transgression of the body fatal and non fatal, fatal and non fatal.

00:48:49--> 00:48:55

And the safe here started by talking about the three different types

00:48:56--> 00:49:02

of clubs. So the first thing that he talks about, so it is fatal

00:49:06--> 00:49:07

and non fatal.

00:49:12--> 00:49:13

So this would be algebra

00:49:17--> 00:49:18

and that's what being cut

00:49:24--> 00:49:28

and the non fatal, he will discuss later.

00:49:30--> 00:49:32

Now we have the feta.

00:49:33--> 00:49:35

So this will be

00:49:36--> 00:49:38

he will divided into

00:49:39--> 00:49:53

three different types. And that is the Hanbury classification. Three different types. One of them is alarmed, which is intentional. That is murder proper, intentional murder.

00:49:54--> 00:49:59

One of them is of kata, which is error out of error.

00:50:01--> 00:50:23

And one of them is similar I'm the one I'm the copper or copper element with which is sort of quiz I murder quiz I murder it is haha because you did not intend to kill it is harmed because you intended to hurt you know

00:50:24--> 00:50:28

the profits of a lot inside of themselves the to alarm

00:50:30--> 00:51:04

the alarm the mechana bees south south iwasa me at one minute Ebon fever Tony How would I do so that they are for that Queensland murder is that which is done by the whip and the stick or the shaft or the cane. So if you hit someone you did not mean to kill you meant to hurt and then you kill them, then that would be considered somewhere between

00:51:06--> 00:51:08

and hotter.

00:51:09--> 00:51:37

So these are the three different types of killing. According to the honeyberries there is another type, according to reports in the combat email web supported by a man that adds that is added by the Maliki's the Maliki's are the ones who have this type which is higher than which is called Caitlyn Vila.

00:51:39--> 00:51:55

That is deceptive, treacherous killing, where you bring someone gives like someone an appointment out in the desert and killed them. When like a wife puts like a mohawk out there or something,

00:51:56--> 00:51:58

you know, for

00:52:00--> 00:52:02

now, and another person another poison that's

00:52:03--> 00:52:15

intoxicant or whatever, for her husband, and then you know, and then smaller Smoking kills. It includes I'm not giving any ideas that

00:52:19--> 00:52:48

it includes a level of deception and treachery. And that particular type that's not according to the Hanafi scheffers or honeyberries. They don't have that business they they have nothing to do with Vila. They consider this to be armed and that's it just like any other keelin but this one, according to the Maliki's and deposition and how many males have chosen by me or him Allah, this one

00:52:49--> 00:52:50


00:52:51--> 00:52:52

this Vila one

00:52:56--> 00:53:25

is not there, there is no option for clemency here, there is the family does not does not have the right to pardon the killer. The family does not have the right to pardon the killer. The family does not have the right to accept blood money there. There is only one route for this, which is death

00:53:26--> 00:53:27

equal retribution.

00:53:31--> 00:53:38

Let me finish and viola. And then we can defer the rest of the next time because we only have six minutes.

00:53:39--> 00:53:58

So why did they make an exception here? The Maliki's Why did the Maliki's make an exception here? The medic is said that there are certain times where the Prophet sallallahu Sallam did not ask them for their opinion.

00:53:59--> 00:54:04

Once Why don't we report two batteries one of them is that had a fitness away

00:54:07--> 00:54:13

and one of them is midges about a quarter of their misery. Ziad

00:54:15--> 00:54:45

This is reported by a happy from an ad but from an ad it is a little bit shaky. It's not really bottom line. This is not established, but it has been used because it was reported that had a 70 slide that images are killed the father of enhanced sadness, right. So it had to be swayed wanted to kill him. It's that and

00:54:46--> 00:54:55

on the day of the both were wearing a bed on the day, he found the method so he came from the back end to them.

00:54:56--> 00:54:59

That involves treachery because they are on the battlefield.

00:55:00--> 00:55:13

On one side, you know that okay. So, then hadass kept on asking the Prophet sallallahu Sallam to play the DIA or, but the Prophet sallallahu Sallam have,

00:55:15--> 00:55:17

you know the family there have

00:55:19--> 00:55:53

have many admits that, but he did not accept department, hirings anything except establishing the resource. It is also reported that when the people from the UK came and spent time in Medina, and then became sick and the professor, someone told them go out and with the shepherd of our candles or with the caretaker of our candles and spend time with him and drink from the milk and the urine of the candles, and the give the caretaker of the candles.

00:55:54--> 00:56:04

Some reports said that they are that do but some, many or most of the reports don't talk about read, and the Prophet cuts them. And you know what he did to them?

00:56:09--> 00:56:14

You know, he cut them up in pieces and left them in the desert. So

00:56:16--> 00:56:19

But anyway, the

00:56:20--> 00:56:26

the point here is that the prophet SAW sort of did not ask the point that it's been made is that the Prophet was not asked

00:56:28--> 00:56:31

whether they wanted the or not, he just killed them.

00:56:33--> 00:56:56

There is this Jewish man who killed a woman, a young woman to steal her jewelry. And Rob Doris, I have a daughter and he killed her with a rock like, you know, crushed her head with a rock and the prophet SAW Selim crushed his head with a rock. It's not reported that he asked the family whether they wanted to do

00:56:57--> 00:56:59

all of these have been answered by

00:57:01--> 00:57:48

a hazmat, whoever told you he didn't ask, you know, the hubby's does not saying that. But he whoever told you positively, not just assume a presumption that because the hobbyist did not mention it. Anyway, there is some room for disagreement here. But this is the position of the Maliki's one report, that's not the authorized one in the hand very method chosen by a mayor which separate between treacherous killing and all kinds of intentional other kinds of intentional killing and in this case, they say treasures giving no chance for clemency. That is the

00:57:50--> 00:57:51

is the punishment

00:57:52--> 00:57:57

by doing this, what have they done the move this

00:57:58--> 00:58:02

completely outside the segment and made it a hat

00:58:04--> 00:58:14

they made pressure skin and gore calculated ILA had because a heart does not basically negotiable. So, they made the calculator the

00:58:16--> 00:58:19

next time inshallah, we will talk about

00:58:20--> 00:58:35

the three different types of gearing which is Landon hopper and what is do for each one of these different types of giving and why is it that the family will have a say here

00:58:37--> 00:58:42

they have the ability to pardon the killer.

00:58:43--> 00:58:44

Put according

00:58:48--> 00:58:49

to the