FQP06 Fiqh of Penalties – The Book of Indemnities

Hatem al-Haj


Channel: Hatem al-Haj


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I'm about to proceed. The next chapter is actually the book of indemnities or GitHub would be

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in his book along the

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the Muslim alpha con with nowshera Alpha Durham

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Amina label the indemnity for getting a free Muslim man is 1000 1000 myth calls 1200 their homes or 100 camels. Okay. So,

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he will talk here about the difference the

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and he started by the male, the free Muslim male, because of that they are

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And as we said in the Hammadi method with the other different and certainly when it comes to male and female, that's in the older method,

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but when it comes to freedom and religion, in the hands of females hub, which is the hub of the the sort of the efficient roadmap and most of the Islamic history

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that he had are the same

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aside from that gender distinction, and that gender distinction is obviously

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keep in mind the person who was killed is not getting the money, the heirs are getting the money. So, the person you know, the person that was killed, like if you kill the woman, her husband will get less than if you kill the man, the wife will get more. So, it is not basically

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it's not basically for that person. Now, why are they Why is there a difference in this case, because the data or the compensation is not for the person who died, they don't get any of that payment in the grave, it is to compensate the family for the loss, you know, oftentimes, because oftentimes, it is about people that get killed to compensate the families for the loss of their

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sustainer breadwinner.

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So, that she acts as the Muslim unfamous girl okay. So, now,

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he, he says

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Okay, so, we have five different types of data, he mentioned the only three here there are two more that are mentioned that are part of the data and the math hub and they all are considered in the embedded MATLAB also.

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In there is a disagreement, whether the eBill the camels are the US the default and everything else is basically

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the value of the camels or each one of these are US and in the hunt very method, all five are asking. So it's either this, this, this, this, this or this and the option is given to the victim or offender

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the option is given to the offender. The offender may pay this this this this, this or this, like the cafaro in general expectations in general, when there are options, the options are given to the offender. So here Here are the add in the Hanbury method 100 camels

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200 cows

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2000 sheep

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1000 myths Karl's mascot is DNR so just use dinar

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and dinar is like somewhere on 4.25 grams or something.

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And 1200 to 12,000 Durham's

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that's somewhere around

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like almost three grams. Gold right

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now know that their homes are silver.

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their homes are silver.

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So gold cool

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Insert dinars or miscounts and their arms would be silver coins. Each one of these five is asked in the Hanbury method

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and the offender is given the choice to pay whichever one they would like to pay. which will cause an issue here when we talk about

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Elisa there are compounding the

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compounded the Lhasa, Milan How do you translate?

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anyway it's

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anyway, so the shark's

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fin cannot data on the info as soon as soon Java are bound,

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however, made with a goon Halla female got it. If the 100 cannons is an indemnity for the intention of murder, then it consists of 30

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Okay, so the 100 will consist of now intentional murder.

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Okay, so, for intentional murder, it will be 30 handcar

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30 jaza 30 califa pregnancy camels for the I'm sorry for the

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for the height of a pregnant she camels.

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Hakka would be three year old

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camel, Java would be four year old

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camel, all our females.

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Females are more expensive

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in camels at least.

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so all our females here and that's intentional murder.

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Now in the Hanbury path.

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In the Hanbury method

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the authorize the view actually end the method is different from this. The authorize the view is called tarbiyah not asleep tarbiyah means to make it like four different categories or four

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So that'll be on the embedding method will be 2525

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Okay, so 25 what 25

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Benton Harbor Ventura Boone headquarters are

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so 25 one year 25 two year old 25 three year old 25 four year old that is the authorized view in the hunt Valley

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for Elisa de magnifying the four intentional murder for magnifying the entire intentional murder. What is that they are or they are for Platinum copper, which is mistaken murder. What is that there? It is mocha Massa. It is divided into five different types of candles. Why what are they

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2021 year old. Male 21 year old female

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plus 22 year old plus 23 year old plus 24 year old. Three years old this Hedgecock data is for two year old is called Ventura Boone.

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Hand one year old is called bento Mohamad but, you know, so you have the four types but you have also 20 have the one year old Edna Mohamad, which is the main one year old 21 year old male camels.

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Now that is 101

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23455 2041 20 female 20 ma'am.

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Okay, so we're in Canada. Okay, so now

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What about here? Here, here here?

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Oh, how do we like it for intentional murder? We're saying that this is the end Canales mistaken murder you do 2020 2020 2520. But you magnify to this or this

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to 25 times four or to the 30 3040. You magnified. So what do you say about magnifying this? cows, sheep dinars their homes, there is no magnification.

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There is no magnification it's only for eBill for camels. And that is actually the position not only of the Hanbury is but the majority who said there is magnification. And I didn't know this. I didn't know that some people said there is magnification, I looked it up. And I found it. Someone asked me before about magnification and I looked it up, you know, Mom, I thought that everybody said there is no magnification except in ebbed. And someone asked me so I looked it up and I found that the Maliki said there is magnification of the

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regardless, they say figure out

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figure out the magnification in camels. And you know, what is the value of the 100 Gamble's divided into five? What's the value of this figure out what what what is the percent the added percentage of value? Like if,

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if this is 130% of this, then add 30% to this, this, this and this for magnification?

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That sounds nice, actually, it sounds fair.

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Because if we're gonna magnify this, we're gonna magnify everything else. But anyway, according to the ham bellies, there is no magnification except in a bell. They don't take that Maliki position, the majority that does not take that Maliki position,

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but I actually liked the madaket position, it sounds like nice,

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like coherent like philosophically coherent, I mean if you magnify here magnify there as well.

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But then, but then so if someone

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you know if it is armed, and we will magnify this very wise if it is arm then we will tell him, No, you're not gonna pay this. You're gonna pay 33 year olds, 34 year olds, and 30 pregnancy camels? And then he says, Well, no, I'm just gonna rather pay 200 cows. He has no right to do that.

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How many ways not Maliki but how many ways and according to the majority, he does have the right to do that.

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anyway, whatever you wanted to think about this, but this is yeah

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2.75995 I guess it's almost 2.3 it's almost 2.8

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It doesn't say 2.9 Yeah, whatever it is. It is

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2.9 Okay.

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Okay, my this Okay, it's my dyslexia.

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So then the SEC says

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when kanchipuram the infec evatik vs nanny howery Allah lockira FISA la cc Nene Eros equally Santa Soto Sawa. If it is quazy intentional manslaughter mistaken death resulting from a deliberate assault. Co si intentional childhood armed is what when you're fighting, and you hit somebody and you kill them. You did not mean to kill them. But it is not mistaken because you actually hit him hard in his head.

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So that's called Chapin Quasar, intention, manslaughter mistake in death resulting from a deliberate assault. Then the ages are the same. It is binding

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Daca extended paternal family over three years with one third of it due at the beginning of each year since the death

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okay. So, now who is I intentional murder is going to be different from mistaken and from intentional. It is like intentional in the distribution of camels internally is magnifying

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that they are particularly in camels, it's like intention of who is our intention is like intention, but it is not like intentional in two respects. One, it will not be immediately binding

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to it is binding on the family not the offender only

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for intentional murder, that they are is immediately binding on the offender only for Koozai intentional

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it that there is the same in terms of leaves as the as the intentional but

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it is binding over three years on the family, the paternal side of the family of the offender, not the offender.

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then the sheikh says in Canada Takata

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tilaka kazanlak Elana schroon, Penang mcob schroon ben Omaha schroon Burnett la Boone, y schroon, Hakka schroon Java. It is in the A if it is an indemnity for mistaken killing. It is also binding on Dr. Keller, but it comprises 21 year old female camels. 21 year old made camels. 20 Binta Boone, two year old female camels, 23 year old female canons 20, Java, four year old female camels, as we said, that's the of hot

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Okay, well Nowadays most of the time, it will be this. And you know, you have to be flexible also in understanding the law to achieve the objectives of this very are the sort of sometimes people are literal and people. There are scripture, there are literal lists scripture lists, and there are literal lists traditional lists, and both of these types of literature lists are actually a problem for the Sharia itself, and for the viability of the Sharia. Whether you're a literalist scripture list or literalist traditionalist, you are a problem.

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Because it you will really

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hinder the viability or compromise the viability of the Sharia, you have to be

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consistent with the objectives compliant with the principles.

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But also, you have to be cognizant of the reality and the changes of circumstance or variables, so that you could make the adjustment that is that are needed for the Sharia to continue to be viable.

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So the literalist scriptural lists are the people who are you know, have like, you know, so the texts from the proponents and then they understand that literally the literalist, traditionalist are people that will make the analysis of the forca also like the scriptures, and then be so too literal and understanding the source of the fuqaha. And in all honesty, I have, I would have more, you know, I have respect for all people. But I,

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you know, I am distressed more by the literalist traditionalist than the literal scripture list, at least, the scriptures are superior in their form and meaning and everything. So if you have to be a literalist, I'd rather you be a literal scripture of this than literally traditionalist.

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But I think that you would be much better off for yourself and for the Sharia. If you're not literalist.

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don't think anybody's ever literalist that embodies our scripture almost. So there is a difference between being literalist and scriptural. Yes.

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The logic here that since it's not intentional, it is not a punishment, and therefore it wouldn't be wrong to extend the obligation to his family. Yes. Whereas when I say

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He did it deliberately so

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over three years,

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Pepe Fatah Sahaba and I don't it's not traceable to the promises on the surface down from this hub

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as far as I remember is

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now the

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the safe here says

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we're here to Harada muslimah Okay. So, what I wanted to say is that you will have to be flexible and in this case because sometimes like if you are like a like literalist traditionalist then you say that somebody said any one of them have the you have the option of paying any one of them and then nowadays 12,000 their homes would be really little

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because the gap now between gold and silver is huge in their times it was not this was comparable to this comparable to this comparable to this.

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But nowadays, if there are if there are huge gaps, you don't just come and say well in the mess have you know the authorized view in the mess up the offender has the option to pay anything he wants. And then you give the open the the the offender the option to pay 12,000 dirhams, and that would be incoherent and just

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Yeah. So anyway,

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moving on, the sheikh said what a Muslim and escudier Rajan what to say we Jura who had Yahoo Illa pseudo Cydia is is that

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the indemnity for getting the free Muslim woman is one half of that for the man. As we said, You're compensating the family for the loss of their breadwinner. You're not compensating the victim. The victim is already in the grave.

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What to say we gerada how illiteracy Dr. Elizabeth solidness, her wounds are equal to his up to be in one word up to up to being worth one third of the complete indemnity for killing. If it is more than that, it will be half it will be half. And that's an interesting issue that is between

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they had fun with this issue.

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Because it is a report from the Prophet sallallahu Sallam that they are to

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Auckland monocular Roger in a service

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that the the the day of the woman is like that they have the man up to one third, and then it gets hacked.

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So what do we do this? What does that mean? So robbia when deciding the Messiah be in order, we are the teacher of Eman Malik and he was considerably the call them arrabbiata. Right? Despite the fact that he's the teacher mathematically mathematic his hobbies and so on. But this is the make you also understand that the separate there was no distinct Lyons has some may think but probiota I was

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very inclined to arrange this in ratiocination rational evidence and things of that nature. That's why they call them arrabbiata here from reason. So we are satisfy them the Messiah. So what is that they are for one finger of the woman you know, so if we say here there is like the day of the man up to one third and then it gets half. So he said what is the day for one finger? So Saeed said to him 10 camels, two fingers 20 camels, three fingers 30 camels. And then he said to him What about four fingers inside said 20 camels. So he said, lamb Masada to see but to have padlock loha so when

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you know you lose another finger.

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Okay, just

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forgive you for cutting off this the forest.

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That is that's a complication here. So, now the HANA fees and the shafa is the and and the separation here the line of separation is hobbies and sapphires are usually opposite to each other. But here the Hanafi is in Shafi sided together and the Maliki's and honeyberries

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sited together. The Magic isn't homebodies they fall outside Mussa. Yep. And they said, that's what that's what it is. That's the hobbies. What do you what do you want? That's that is up to one third and then it gets haft afterwards. So up to one third, it will be the same like the man. One finger is thin, you know, two fingers is, you know, so it's not like you know, the kind of use of chef eyes were kinda like to you in terms of the number because they said it is half all the time. One finger two fingers. So, you know, the honeybees and shafa is and they reported something from earlier the Aloha know, that Auckland Miranda's Femina haukeland Rajan enough suwama Dona, that the day of the

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woman is half of the day of the man with regards to life and anything short of life, fantasy, or Madonna. So they said that you know it, and it looks consistent, you know, so one finger will be five, two fingers will be three fingers will be 15, four fingers will be 20. And you just move, you keep going like this. for them. They said one finger is then two fingers is 23 fingers and 34 fingers is 20.

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And that's the magic is and the hand berries.

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Because to them it is, you know, I don't need to give you like an answer. This is the Hadith and I don't need to basically rationalize it.

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no, but no.

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That's what I said that I said, you know.

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So, you know, a friend of mine came up with a solution that is actually really neat.

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He said,

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it hasn't been mainstream that maybe one day it will be mainstream.

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He said that.

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He said that he you know, he follows the medic isn't from Belize. But he said that it will be half afterwards.

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The increments will be half.

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Not the whole thing will be half the increment will be half. And you could say to yourself, well,

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but he found some sort of precedent, but not not nothing from the very early generations. It says yourself How come like a later

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sort of person

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can come up with something of that nature? And would it be considered whether it be like how would it be mainstreamed? Because we have these two positions. I think it is not a problem. Because this position is not an extreme here or an extreme there. It's actually somewhere in the middle between the two positions. It is not like an exact middle, but it is a concoction. That that is still, you know,

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between the two positions that we have that the two traditional positions that we have, and I think that things of that nature should be accepted because they provide solution for like rational dilemmas. Because honestly speaking this might be an embody. This idea does not appeal to me like three fingers 30 like 420 it is just not a very coherent idea.

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That the Hanafi is what the hell do the hobbies itself is controversial? Is the traceability of the Hadith is controversial and they have the

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they have the Hadith family which is the author of audio the law I know that is Auckland maraca Harlan SP monocular, Roger finaps, Yama Duna.

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So they would have this author from Adi, they would have the principles, you know,

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the guide to go by

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and the rational argument on their side, and then they can always

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basically talk about the traceability of the Saudis to the Prophet sallallahu sallam.

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Yes, so now, the next

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point here the check set with the A to B and this for the attend Muslim when he said oh my goodness. What do you see the man woman had their hands

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When he said oh my god on this feeling that the indemnity for a man from the people of the book is half of that of a Muslim and for their women is half of the indemnity for a Medusa, Zoroastrian man is 800 Durham's

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and for the women is half of that, and let me repeat that I sound like a broken record in the Hanafi Meza which is the official madhhab of the majority

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of Muslim history, the day is equal, you know, the minus the mean is equal to that and Muslim.

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But going by this

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it is half and that the further women is half of the the of the Muslim women and so on.

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And the majority and the like the majority will be all people that are not of the People of the Book. And they So, what about synovium Sonata and keytab it applies only to

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basically taking the jizya from

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not an old regards, because so no beams are not a handicap, treat them like the people of the book does not mean that you could marry their women, or at least to the very vast majority does not mean that you could marry their women.

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now, if you look at this, if you look at this, is this really doable? Nowadays

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and you if you want to be looked off and you want to be like sort of like a conservative, tough Muslim that just be as whatever you want. You could always it could be as radical as you want in your bubble. But when it comes to, you know, people that are actually in charge and people that are actually doing this stuff, they can't afford the you know, they can't afford the

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extremism or excessiveness of theorizes or just like keyboard warriors that that you could do as as much of this as you want. And in fact, you know, this might be going on a tangent here. excessiveness may survive in the West way before it is obsolete in the east or in Muslim lands.

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Why is that?

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You know, even if you have like, islands of excessiveness and in the east,

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people from the west would gravitate to them.

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For many reasons, one is your disenfranchisement Muslim youth in the West feel like identity crisis, not fitting disenfranchisement, and so on. And you won't you want to look for sort of the someone to embrace your identity and you want to be So, you will gravitate towards like extreme prepositions coming out of the East.

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The second is

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being thought of as you know, as the fringes of the face, you know, on the or that Muslim minorities out there are on the fringes of the face and you want to react to this.

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So you want to say no, we are actually the core we are right. Like, no, we're not on the fringes of the face. We are right in the middle. And right in the middle to you would be excessiveness

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sort of radical prepositions will be easier to accept. Because you want to prove to yourself No, I am not on the fringes of the face. I am solid.

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The other one is that

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you'll never have to worry about practical consequences. Because all of this is just theories. Like you're not the legislature in any Muslim country to worry about practical consequences. So you could be as radical as you want. You could enjoy sort of your radical, you have the freedom to be radical.

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After all, the West really

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embraces a lot of radicalism. Like you could be wherever you like, you know, you see how the Amish are living their life.

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And I'm not saying that they're radical in that sense. I'm just saying that they are living a very radically different way.

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So that's another thing in the West, the tolerance of difference can have may allow you, just the freedom to be radical.

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In addition to this,

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you have been all exposed you guys who grew up here to post modernist philosophy, or the

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ripple effect of postmodern philosophy and humanities. So you could justify any radical proposition,

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you have the dialectical tools, you can be philosophically incoherent. And oftentimes you are, but you could, like with that have the dialectical tools tools to look good. You know, for the people who

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are philosophically unsophisticated, they just understand a little bit at the level of dialectics, or rhetorical speech, you could look good and smart, and like genius.

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And that is the vast majority of people. So you will look good in front of the vast majority of people, because you have those dialectical tools.

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But at the end of the day,

00:36:22--> 00:36:26

as Muslims, we have to offer

00:36:28--> 00:36:40

a worldview that is viable, that will help us survive, and excel and basically,

00:36:41--> 00:36:47

outdo others, in different fields in human progress and development,

00:36:48--> 00:36:50

stability of our nation's

00:36:51--> 00:36:53

prosperity, peace,

00:36:54--> 00:37:03

we're in our nations and so on. So we have to develop a philosophically coherent worldview that is viable.

00:37:07--> 00:37:12

So people like product called visionary who died recently, and I'm saying all of this, because I'm really

00:37:13--> 00:37:16

grieving the death of radical visionary

00:37:18--> 00:37:21

people like radical history who died recently, people like Muhammad cityville

00:37:24--> 00:37:44

these are people that are have been worried about providing a worldview that is viable, and that is them loyal to the Scriptures, and the tradition to the Sharia, but viable, applicable,

00:37:46--> 00:37:58

and whatnot, basically plunged our countries into chaos and mayhem, and will not make us the sort of Rogue nations that are enemies of all other nations.

00:38:00--> 00:38:02

So May Allah bestow mercy on him

00:38:04--> 00:38:10

by the age of 88, because of Corona, because of this COVID-19

00:38:11--> 00:38:13

that can so many scholars

00:38:15--> 00:38:21

and, and in fact, we should have like a, like a record of the scanners that were killed, and that died in the last

00:38:23--> 00:38:25

year and a half or so, because of COVID-19.

00:38:27--> 00:38:28


00:38:29--> 00:38:38

like, who would go from the west to learn from productivity or who would be reading you know, particle batteries or even Hamas, even ours?

00:38:39--> 00:38:42

books? Very few.

00:38:43--> 00:39:03

And it doesn't mean that I agree with everything they say. Of course, everybody will have to keep their intellectual independence to be able to sort of make their own synthesis. But it just means that that sort of concern for

00:39:04--> 00:39:14

practicality and some level of pragmatism, good wholesome pragmatism, what are the negative connotations of a word

00:39:15--> 00:39:17

is, is always advisable.

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


00:39:22--> 00:39:25

so, like ideas like

00:39:27--> 00:39:37

we have to be traditional and so on. And in the form of AI, for instance, there is no room for forensic medicine in terms of the established

00:39:38--> 00:39:43

sort of admissible proofs. The destructive idea,

00:39:44--> 00:39:59

to destructive idea to Islamic legislatures is the struggle of led to the Islamic judiciary because with all the advancements in forensic investigations, particularly forensic medicine, if you do away with that, your will look very, very

00:40:01--> 00:40:13

backwards. So it's it's a destructive idea, although on paper it sounds very solid. I mean if we if we said if you have like a Facebook discussion,

00:40:14--> 00:40:20

you will be able to outdo anyone in quotations and solid citations

00:40:22--> 00:40:24

and you will look a lot more Orthodox.

00:40:25--> 00:40:31

But at the end of the day, you know, if you take your ideas to court and start to apply them

00:40:33--> 00:40:37

they could be quite detrimental to the cause of justice.

00:40:41--> 00:40:41


00:40:43--> 00:40:44

enough of that for now.

00:40:46--> 00:40:56

Then the shakes out under the indemnity for aborting a fetus, whether to Janine and her daughter Ava sakata eaten hora?

00:40:57--> 00:41:03

We don't have the metal combs comes from in a bin marusan

00:41:04--> 00:41:24

what do you do? Janine hurry. Eva sakata Nathan hora have done lm t metal hanselman and abt morosa Toronto. The indemnity for the aborted fetus is a horror male or female slave, which is equal in value to five camels and will be passed on to their heirs.

00:41:25--> 00:41:56

Well, I'm sorry but in Hamlet, though, and spotted v. Janina folly, however, lottery to mean how shayan if a pregnant woman drinks medicine, thereby deliberately aborting her fetus, she will be liable for that hoorah of which she will not inherit anything. What is the hora? It is the value of a slave man or woman, it is the value of five candles, it is the value of newness.

00:41:58--> 00:42:05

There it is the value of us radiate, amen. These are different expressions they use

00:42:07--> 00:42:12

for the hora So, five candles the value of a slave man man or woman

00:42:15--> 00:42:16

It is called one 10th

00:42:18--> 00:42:20

of the

00:42:22--> 00:42:25

have their mother.

00:42:27--> 00:42:28

Now keep in mind

00:42:30--> 00:42:34

now this Janine whether it is male or female is a different

00:42:35--> 00:42:37

different male, female, Janine.

00:42:44--> 00:42:46

What can I do according to the revision? Yes.

00:42:48--> 00:43:19

No, it is not different. It is not different. And that it is not different. And that is why the handout is actually used this the gym or use this to say that we're right up to one third. The male is like the female and then it gets haft after the one third. Because look at this. The dm for the female and male Janine as is the same. So they use this anyway. But they are for male and female. Janine is the same. And it is five camels.

00:43:22--> 00:43:30

It is Russia that they have his mother. So what is it in dinars? 50 dinars, right.

00:43:32--> 00:43:35

50 dinars, 50 Gold dinars.

00:43:36--> 00:43:39

Now, that's the Guinean Janine the fetus

00:43:41--> 00:43:55

50 dinars, isn't it 1000 dinars for the male and 500 dinars for the female. And then one 10th of the 500 is 5050 dinars for the Janine, okay.

00:44:00--> 00:44:12

If the woman drinks medicine, and aborts the fetus, then she will be liable for this day. liable to whom,

00:44:16--> 00:44:54

to the end to the rest of the heirs, she will not get anything. We said that the data is inherited, like the rest of the inheritance or estate that they as inherited. The Heirs will be entitled Larry Carlton, the murder does not inherit she did it. She will not inherit but to for the rest of the heirs. Now this plot and layout is as if he does not exist he's not there. So we will divide as if this part of does not exist.

00:44:55--> 00:44:56


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

keep in mind now like

00:45:00--> 00:45:05

When it when it comes to abortion, because you may be wanting to ask about this.

00:45:09--> 00:45:12

This is certainly abortion that is not permissible.

00:45:14--> 00:45:15


00:45:20--> 00:45:23

so if if she upwards and yes,

00:45:25--> 00:45:26

heirs of

00:45:27--> 00:45:29

the heirs of the fetus.

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

And we'll just quickly go over this, since.

00:45:40--> 00:45:44

Okay, since we're talking about abortion, now this woman

00:45:50--> 00:45:54

will have. So abortion, what is the ruling of abortion.

00:45:55--> 00:46:03

So we have zero to 40, we have 40 to 120. And we have more than 120 days from conception.

00:46:06--> 00:46:18

And as I said before, like they say this before, they're talking about this before we see the 14 day difference between consumption and gestational age. So this means what

00:46:20--> 00:46:40

this means up to 54 gestational age, up to 130 for gestational age, and more than 130 for gestational age, because conception takes place.

00:46:42--> 00:46:43

Two weeks after

00:46:45--> 00:47:16

the, you know, the gestational age of it at the beginning of gestational age, because they when they calculate the gestational age, they calculate from the last menstrual period. And we calculate from conception. Anyway, this is something that many people don't pay attention to. And that's why many fatawa are mistakenly given to women. They told her No, you're past the time when she's not past the time, because there are two weeks that are not factored in here. So between zero to 40.

00:47:18--> 00:47:22

Who would allow this abortion

00:47:23--> 00:47:47

between zero to 40? In every man's have there is interim as happy differences. So you don't like come and say well has that is you think you're more fit than because it already know about Chavez model, of course, because it would not allow it. But the shafa is in the authorized view would allow it and they were allowed here as well. So here it would be Hanafi,

00:47:48--> 00:47:53

Shafi and pembeli would allow it in the spirit

00:47:54--> 00:47:58

based, like upon mutual agreement between the two

00:47:59--> 00:48:06

parents, the HANA fees would even be kind enough to say the Father has consented does not matter.

00:48:10--> 00:48:14

So that you can be any more liberal on this. So

00:48:15--> 00:48:19

the HANA fees are saying that one element isn't

00:48:20--> 00:48:22

even without the permission of the husband.

00:48:24--> 00:48:26

Because it is her body, I guess.

00:48:29--> 00:48:30

No, they don't say that.

00:48:33--> 00:48:37

But anyway, so that's the Hanafi, sapphires and honeyberries.

00:48:39--> 00:48:43

And then who is saying that we still can do it here?

00:48:45--> 00:48:53

That's the Hanafi sand shefa is in their authorized possession? They say that we can still do it here in the authorized possession.

00:48:55--> 00:48:58

who say we can do it here? None.

00:49:01--> 00:49:26

But can we still do it here? Yes, but this is not basically because of the permissibility of abortion. This is weighing two evil acts or two harms should we sacrifice the mother or the baby? And they would say, you know, in the stronger view of the majority, you will say sacrifice the baby.

00:49:28--> 00:49:42

Because the mother is the US and the baby is the Father. So he sacrifice the branch to save the route. Okay, so here so it will always be okay. Always.

00:49:43--> 00:49:49

Always. Okay. For the

00:49:50--> 00:49:54

health of the mother.

00:49:58--> 00:49:59

This discussion here Hey,

00:50:00--> 00:50:33

Excluding the health of the mother issue was the discussion. So based on this, but like I said, you will find a lot of hafeez were saying no, that it will fall off sapphires. We're saying no, they say that you know if if Casper Bible Haram is forbidden because Seidel Haram is Mataram is that then this must be permitted. Because the Academy has matara. They say if you break the eggs of the game birds of the harm,

00:50:35--> 00:51:01

you're liable because the game birds of the hot Mr. matar unrespected inviolable. Therefore, the same would apply to aborting the origin of human the human being or the individual. And that's the fetus. So But anyway, in the we're talking about, like I said, there is interim of heavy

00:51:02--> 00:51:03


00:51:04--> 00:51:34

all the time. So but so the HANA fees and shafa is in the authorized view will say is okay, now, the contemporary scholars, they see the growth, they see the ultrasound they they have, they are more strict, contemporary scholars are more strict. Certainly no one is going to be stricter than the medic is because the medic, he said, expulsion of the semen after it goes in is haram. So this is

00:51:35--> 00:51:44

this is from the very get go. There's no abortion Maliki's are the strictest in this case, there is no abortion whatsoever.

00:51:46--> 00:52:08

But then, aside from the that madikwe strictness in this regard, the Islamic views are pretty moderate. And there's contemporary scholars coming and seeing the ultrasounds of babies and so on, and the look at the variety of positions that we have in the tradition.

00:52:09--> 00:52:28

They say, you know, you know, and certainly we're talking about the majority here are the bulk of the contemporary scholars. So they allow that here upon mutual agreement of the two parents, and they said that there would be there will be a legitimate cause, they will have a legitimate cause.

00:52:29--> 00:52:32

They prevented it here unless

00:52:33--> 00:52:42

the baby has deformities, that or diseases, deformities, or diseases that will be

00:52:43--> 00:52:48

incompatible with dignified life, or

00:52:50--> 00:53:05

the Cunha to Adam and Holly holiday, he said the madman, that that if the the his life will be a source of pain for him, or her or their parents, then it is permissible to abort here.

00:53:06--> 00:53:33

And why is this number important? 134 here, because the ultrasound can sometimes be done late. And discovery of severe deformities, we're not talking about deformities, like losing a limb or any thing of that nature, we're talking about severe deformities that will make your life a source of pain for yourself and your parents.

00:53:34--> 00:53:43

So severe deformities can be discovered before the 134 day mark. And in this case, abortion would be permitted,

00:53:44--> 00:53:48

according to the content of the majority of contemporary scholars.

00:53:50--> 00:54:00

And then after 120 days, it's murder because that's the installment or personhood islamically, happens at 120 days

00:54:02--> 00:54:18

from conception 134 days, just occasionally, and it will not be permitted, except if there is danger here to the health of the mother. What about rape? Some of the scholars added rape to this category.

00:54:19--> 00:54:22

Some of the scholars said rape What?

00:54:23--> 00:54:59

Because why is this they have to authorize the view in tumors I have that between 40 to 120. It is permissible upon mutual agreement of the two parents. So no matter how much they want to be strict, but it is very hard for them to say to a raped woman having these two positions in the tradition. You want to be strict and you want to be sort of careful and conservative and this but having these two positions in the tradition, and then a raped woman comes to you and says you know can I have abortion

00:55:01--> 00:55:07

Have 50 days for instance, or 60 days from conception,

00:55:09--> 00:55:11

it becomes a little bit hard

00:55:12--> 00:55:13

to say to her No.

00:55:14--> 00:55:16

And she is just, you know,

00:55:18--> 00:55:19


00:55:21--> 00:55:24

by the rape and the pregnancy as well.

00:55:27--> 00:55:32

So now, if she's doing something lawfully, she will not be liable.

00:55:34--> 00:55:57

She's doing it lawfully. She was not reliable, even if it is done after 120 days, even if it is done after nine months of pregnancy, and the doctor tells her that it's either you or him. And she, you know, aborts the fetus, then she is not liable for any of that.

00:56:04--> 00:56:07

It is based on what the doctors that, you know,

00:56:08--> 00:56:14

it's not none none of our business. In fact, that's basically a medical decision to be made.

00:56:15--> 00:56:25

No, no, no, it's not the method is not our business. It's whatever the experts the the to be deformities incompatible with dignified life.

00:56:27--> 00:57:02

As far as the contemporary scholars will rely on the physician as far as going up to 120 days, and their reasoning for that, obviously, is that had he been stolen the installment occurring at 120? And I'm not sure I'm guessing they didn't differentiate between the installment and the the heartbeat or the initial embryogenesis. And now that we know, contemporary scholars, and of course, through modern science, that that occurs much earlier than relying on that opinion, how does that help knowing that had they had that they wouldn't have extended someone to this point? I mean, it's kind of like, proper database, knowing that their reasoning was like, what the heartbeat just be an

00:57:02--> 00:57:05

organ? There is no soul. Yes. Yes.

00:57:16--> 00:57:18

Yes, she is right. So well.

00:57:20--> 00:57:55

They did not differentiate were differentiating, now we're accepting there is math that is not. So there is two types of asthma there is a C, which we have not seen it now that is based on text. scriptural evidence is merit that is not based on scripture evidence, we give weight to the matter whether or not it is based on scriptural evidence. So the edge here is based on scripture evidence and that scriptural evidence, we have a different understanding of it, we will still give way to the edge, despite the fact that the basis of the edge now is invalid.

00:57:56--> 00:58:30

Even if we believe that the base of asthma is invalid. The second thing here is that we separate between embryogenesis and the installment installment, rationally should happen when your body is ready to receive the soul. Look at the other end, when the body is not ready to keep the soul it departs. So when is the body able to receive the soul? It's not 40 days, you know, the body is not ready to receive the soul and in Surah, Muna

00:58:33--> 00:58:53

Rama Rama, Samantha now for the Baraka Lavasa Nagasaki. So, in short, this is like not this is straightforward that installment does not happen after the model, there is a vironment there is flesh and there is a long process

00:58:55--> 00:58:59

that that will have to take place after the model

00:59:00--> 00:59:16

in order to some engineer who How can Alfa escalera de la hermosa breeze the soul into him That is until now Kanaka made of him a different creation, a different creation meaning human being not just tissues, not just flesh. So

00:59:18--> 00:59:26

So, you know I'm very comfortable with with accepting the smell of the 120 days without accepting

00:59:28--> 00:59:35

the basis of it, the scriptural basis of it, I separate between the two and I find that the scriptures are

00:59:36--> 00:59:59

in support of a delayed installment. Now this delayed installments that happened to choose 120 days for their understanding of the Heidi swapp dilemma so good for them. You know, and we'll take we'll take their agreement and consider it to be sort of divinely guided not innocent period.

01:00:00--> 01:00:13

Chair type of concept, but the agreement of Muslim scholars must have a weight and we'll give it their way to do and we'll just take it.

01:00:15--> 01:00:27

Membership said, let me finish because when we were in Canada Nene kitabi and fluffy, Giroux, dear to me, when can I have them for free here also crematorium.

01:00:28--> 01:00:35

If the fetus is from the people of the book The indemnity required is one 10th of that for the mother.

01:00:36--> 01:00:42

The indemnity is one 10th of the mother, whatever the mother's indemnity is,

01:00:43--> 01:01:35

Medusa will be, you know, one 10th of the one 800 dirhams at terms and sakata 21. A No actually Medusa will be 40 terms because 8800 is for the male and the juicy 400 is for the female juicy 40 years for when soccabet Janine haiyang sama Matta Amina darba fi diaton Camila is I cannot support to hoody locked in yeah issue famously, if the fetus is expelled alive, and subsequently dies because of the flow. And this abortion happens at a time or phase of the pregnancy, after which he or she could have lived, who then the complete indemnity for killing is required on his or her behalf on his or her behalf. What does that mean? It means that, you know,

01:01:37--> 01:01:37


01:01:38--> 01:01:59

after six months, that is when they that's what they mean by locked in here. So females here after like, Well, after the age of viability, age of viability to them was six months. So someone strikes a pregnant woman who is seven months pregnant,

01:02:00--> 01:02:03

and the Janine comes out that what is that?

01:02:07--> 01:02:07

One turns

01:02:09--> 01:02:16

they strike her and the Janine comes out screaming and then dies. What is that? full day.

01:02:18--> 01:02:27

So that's the difference between the two scenarios. So if the Janine showed us signs of life after they came out before the die,

01:02:29--> 01:02:33

we will basically give them the full day

01:02:34--> 01:02:39

they are invited to the for the in this case.

01:02:40--> 01:02:44

And that brings us to the end of the book

01:02:46--> 01:02:48

or indemnities.

01:02:50--> 01:03:01

convention Allah We will take a five minute break and then take your questions. And I understand that you may have many questions

01:03:09--> 01:03:11

in the program, yes.