Hatem al-Haj – FQP15 Fiqh of Penalties – Hadd of Adultery & Fornication

Hatem al-Haj
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The speakers discuss the legal framework for deterring violent behavior in Muslim lands, including the use of the god's name and the use of the flag and armpits to prevent spiders from coming to the ground. They also touch on the use of hesitation and hesitation in various cases, including addiction and addiction. The speakers emphasize the importance of avoiding hesitation-related behavior and offer advice on how to avoid them. They also discuss the negative consequences of hesitation and bribery, including the negative consequences of a "slugged" act used to cover up a "slugged" act, and the importance of fulfilling good desire outside of marriage.

AI: Summary ©

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			I'm about to proceed. I'm just gonna finish the book. I'm gonna have to finish it. So anyone who
		
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			so anyone who has to leave please go ahead and leave I'm just gonna finish this book and or
		
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			you know and I'm not going to be able to finish the the specific Cordova Xenakis cars fan and suck
or have the muscular that I sent you I will try to finish everything next time because I'm really
very determined to finish before we go on the Ramadan vacation so that when we come back we start
from the book of the heavens.
		
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			Okay, so can we do this or the Magna Carta American Allah said in his book, Rhonda, they would have
to allow them to live in alignment with
		
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			our neighborhood. The HUD the punishment is only binding against one who is McCullough legally
liable and aware of the prohibition and no one other than the Imam or his deputies, authorities may
executed. First part of it is of course, the HUD surely cannot. You can't establish a hard on a
child. You can't establish harder on person who's mentally unstable. But mentally unstable, like
here in America may be a little bit different.
		
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			Like they meant insane. You know, someone who does not discern between right and wrong, because if
you ask the psychiatrists here, we're all mentally unstable. So
		
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			But anyway, that it means you can't establish the head on someone who's not more callous, or not
liable, legally
		
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			and aware of the prohibition, aware of a prohibition means what does not mean aware of the
punishment, keep in mind, but aware of the prohibition. So if you are aware that Xena is forbidden
in Islam, and you commit Zina without knowing what the punishment is, you're liable. You are liable.
But if you're not aware that Xena is forbidden in Islam, you are not liable.
		
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			Is that possible? Yes. For someone who grew up away from the land of Islam, or someone who is a new
convert or this or that, they may not be aware of the Islamic injunctions and teachings and
prohibitions and obligations, and so on and so forth.
		
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			Okay, what are people who mm owner Eva who are no one other than the Imam, that's basically the head
of the state or his deputies, the authorities may execute it, you don't execute the HUD yourself.
You don't take the law into your own hands. This is this is the jurisdiction of the authorities. So
whatever it is, that is that may happen by radical extremists in Muslim lands or non Muslim lands.
This has nothing to do with Islam, and Islam. As we said, these punishments are less than 1% of the
Sharia, less than 1% of the Sharia, they must be carried out within the framework, the legal
framework that is part of the larger framework of the dean.
		
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			It is a framework of virtue, a framework of ethics or framework of justice, a framework of equity, a
framework of a virtuous society, and they're left for the authorities to establish as a form of
deterrence. Then women apparently have done so Marotta on whose account if one confesses to a crime
punishable by a hat and then recants that confession, it is dropped, the hat is dropped. Do you
remember when we said that when mass mass tried to run away the profit and he didn't let him run
away Unfortunately, when they were executing the punishment against them, but when they reported
that to the prophet SAW Salem, he rebuked them for not allowing him to run away.
		
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			To seek you know repentance on his own and basically to be forgiven by God and carry on with his
life.
		
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			Then the sheikh said fast the wild rockfill have the busselton ladder even while I had it
		
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			What are you mad do what are your about what are you? Well, Taka what, who were who were Purdue
subsection in flagging the web used should be neither new.
		
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			New nor worn out. Because new will be too painful or an hour will not be deterring will not cause
pain. So the web should be in the middle
		
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			reported that the prophets of Salaam was given was shown a weapon he said more than that, and then
another weapon he said less than that. So it's an average one. The person
		
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			been flagged as not to be laid on the ground
		
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			restrained or stripped of his or her clothing, the flagger should spare the face had an external
genitalia
		
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			and and of course,
		
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			McCartin
		
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			sort of
		
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			places that I would be fatum to try to hit to hit, like the heart, for instance, they mentioned in
other books. So, here, the point here is not to disgrace the person. Because one thing that I also
wanted to mention in the previous discussion is that when the prophets Allah, mon el chlamydia, came
to the prophet SAW Salem, she is the same person. She's into honey, yeah, vomit is part of your
hyena. So that woman is the same person when that when she came and confessed, he said to her
guardian, what, you know, the could be her father or like, or what, what a,
		
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			what did he see say, you know, what's in LA?
		
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			For in water artefacts in Ibiza, she was pregnant. He said, Take good care of her, or be kind or be
good to her. And when she gives birth, bring her back. He wanted to let her go. Just like he did
with my eyes. And in fact, she's like the, she was involved with my eyes in the same incident. So he
wanted to let her go. She wanted to be purified. She was pregnant. He said, x in LA, be good to her.
He also said what he also said about another incident when you started a ballet, and he should not
rebuke or blame her. So the habit is to be established without rebuking and then he also was you
know, would pray for them the janessa he would pray for them to janessa if someone was indebted the
		
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			Prophet sallallahu Sallam did not pay after that. The Prophet did not pay prohibit and so for them
to basically highlight the sacredness of people's rights. But when someone committed the habit like
in Ramadan, yeah, the prophets Allah prayed the janessa for her and when Omar said to him, you pray
for her walk khazanah Sunday.
		
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			The prophet SAW Salam southdale famous statement in Apatow Bella was the heart Allah Subhanallah
Medina was at home and we can see here the Allah so the jihad,
		
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			repented, repentance that would be sufficient for 70 people of the people for Armand Medina isn't
enough that she had sacrificed herself for the sake of God. So,
		
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			so the all of these teachings are basically like, you know, the, as Abdullah minister, who said,
there is no Matador that read or in Islam, that
		
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			the person should be should be basically not laid on the ground,
		
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			not stripped of their clothing. So they will have one or two layers. So they will be flagged,
flagged and not on the bearing skin, but they will be wearing their clothes but certainly if like
you bring the like,
		
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			like those puffy the Zack is not gonna work. But we're like one or two layers. And then if if she is
a woman, they would have her sit down.
		
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			And then she will be called covered and they'll have her sit down. And then the web should not be
too new or too old. And you will avoid the face because it's honored the face of man his honor,
		
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			and the head and the genitalia because because he would be it kills people like to and and in the
heart also, and any place that will be deemed fatal to strike.
		
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			It is also is also known that he should that the Flogger will not show his armpit meaning what if
you see the how they flag in Saudi Arabia if you have been Saudi Arabian scene in front of the they
actually make them fix their elbow to their side, like you know, touching their side of their elbow,
so that you're not using the shoulder join the flag. You're using the elbow. So this is the flagging
so you don't show the armpit
		
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			And then that's you know
		
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			the position in the method where the rubber Roger even when Mirage Elissa to shadow Allah has the
Abu avatamsaka The man is plugged standing while the woman is plugged sitting because that is more
sort of modest or decent for her. Her clothes should be fastened on her so that she doesn't get
uncovered and her hands held
		
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			you don't hold the hands of the of the man because he like he should be able to handle it. I guess.
That's the presumption.
		
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			Woman kanamori done your job Oh, who? Okay rohatgi Abra. If one is sick but is expected to recover,
the punishment will be deferred until he or she recovers, the punishment will be deferred until he
or she recovers. The Maria LMR Ali and Amazon as well as asylums samsara. amarante energy reader
have either hobbies or hadn't been fast, fussy to Ana de la to her and Apertura for the characters
delicate and abyssal Southern for Karla accent.
		
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			This is because of what has been reported on the authority volume on the line with the bondwoman
belonging to the Messenger of Allah sallallahu Sallam committed adultery. So he ordered me to flog
her but she had recently given birth to a child and I was afraid that if I flagged her, I might kill
her. So I mentioned that to the Prophet sallallahu Sallam and he said You have done well. For lm,
your job, oh crla HeMan assault the jury, the devil thin fee then be added magic lie maratona head
if recovery is not expected, and there is a concern about the safety of login, then he or she will
be stuck or struck once with a handful of as many branches or shoots as the number of times he or
		
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			she would be flogged.
		
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			And this was reported from the Prophet sallallahu Sallam that a man
		
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			committed fornication with a woman and the man was brought to the prophets Allah was alone. And so
the people of this man told the Prophet sallallahu Sallam Rigel, by if like as sort of a weak man,
and they said to the Prophet sallallahu Sallam
		
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			that he, you know, has a baby.
		
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			Or like he committed fornication with a bra, and with a woman, and the professor Sallam said, flog
him, and so he said to the professor, someone he would die, he would not be able to handle it. And
the professor said, and told them to bring, you know, 100 shoots, put them together, and strike him
once.
		
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			With it, I mean, this is, you know, like how much like pain can this cause like, what, like 100
shoots, and you strike him once with it.
		
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			Keep in mind that according to the majority, the other position in the math hub,
		
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			it says even more either in your job or
		
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			abroad, if one is sick, but is expected to recover, the punishment will be deferred until he or she
recovers, that's not the authorized position in the Hungary method. In the authorized position, very
method, even if you are expected to recover, the hard that will be applied, the harder will be
applied. But it will be applied with these sort of caveats that if you are unable to handle it, then
we will bring all the shoots, put them together and strike you once
		
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			or like do whatever it is that you can handle.
		
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			But certainly the hat is not meant to kill you. It is meant to cause some pain for deterrence for
rehabilitation. Keep in mind people now like have you seen this?
		
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			In Russia, the people who are addicted to wine,
		
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			they actually pay people to like them
		
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			has a form of rehabilitation.
		
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			And like if you Google it, you'll find it. So flagging for rehabilitation for you know from
alcoholism and addiction to to drinking. So anyway, so in the Hunger Games have you don't defer the
heart according to the majority and another position in the Hanbury method which is mentioned by
lambda here. He's agreeing with the majority here if you are expected to recover, the hardest
differed in the embodiments of whether you are expected to recover or not expected to recover. It's
not defer the but it will be executed in a way that will not kill you.
		
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			Remember, she said way faster and it's timeout hadoo later if you have learned
		
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			cotulla was a professor iroha was Anna Mirada and Osaka Mirada and when you had for her doing well
had any stomach to do admin as an S lab, he has to fit Soviet code Aloha.
		
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			While you're happy for a half a minute subsection if many had the punishments come to you for a law
against one person and these include the death penalty, then he will be killed and the rest are all
dropped. So, someone
		
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			stole
		
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			fornicated
		
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			and drank wine
		
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			he is more than
		
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			previously married.
		
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			So, this is death
		
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			This is amputation
		
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			and this is what flagging
		
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			So, do this and then base and members
		
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			know that this
		
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			should be enough
		
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			so, it so only this
		
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			what I was on I'm Iran Osaka Mirada and what have you had the huduma had if he commits fornication
or theft several times and had the punishments are not executed only one had the punishment will be
binding today what is economic Jensen What if the different hadoo are of the same nature they the
punishment the there is one punishment. So, someone who for negated six times he will not have six
punishments he will have one unless he for indicated then was punished and then for negated, then he
gets punished for any given gets punished. But if he fornicated six times and he was not punished
instead it was known that you know, then it was would be one punishment. Okay. The same applies to
		
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			the other hurdles.
		
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			Then he said
		
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			then he said if many had the punishments of different sorts excluding the death penalty become
binding,
		
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			they will be carried out starting with the highest starting
		
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			with the lightest, yeah, it's not iPads says the lightest
		
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			so he was not my son. He was not Muslim.
		
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			So what is it flagging how many times 100 Okay, so we will flog him for drinking? You know, first 80
then we will flog him for Xena 100 and then we will cut off his hand
		
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			because he started from the lightest to the severes that
		
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			then the SEC said what other people had said what he thought of in fee are mokra and Osaka and
mallala houfy I will you already we're in Suffern, Owlman Malaga Remi Allah Jada's on
		
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			we are just on the fleece he men who become very happy let me know how hard the punishments must be
averted if there is any doubt or ambiguity if a man has * after a questionable marriage or
under duress or he steals from a property in which he or his descendants have some entitlement, if
you see from Baten man from the you know, Treasury, Muslim Treasury, no had because you are one of
the Muslims so even though there are 100 million Muslims in the country, but you're one of them, so,
you have some entitlement, so, there is no hard
		
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			or he steals money from from an opponent who is not who is not fulfilling his rights, then he will
not be punished by the HUD. In the previous lecture go back to what we have discussed the this issue
of avert or ward off the huddled by ambiguities and we said that these ambiguities could sometimes
be so far fetched but that is what the professor's element kurz just avoid if there is any
possibility to let him go. Let him go or her.
		
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			Then the shakes first the woman had done pharyngeal haram for military a little haram I will not lie
man holla he pithos lamb you still
		
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			For men who had their fruit, lacking Ly obeah Well, I will Shara and Father valic have in harm's to
fear men who v. In other way in attr had done filler as well i'm used alpha had the afro German died
of heart subsection if one commits a heart the crime while outside of the harem, and then seeks
refuge inside that or if one who is liable for retribution, seeks refuge inside it, the heart there
will not be executed until he leaves the harem. However, he will not be sold to or bought from.
		
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			If he commits that crime and the harm, then the heart will be executed there. If he commits a harder
crime while on a military expedition, the hard they will not be executed until he leaves the abode
of war.
		
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			And that is a statement from the Prophet the traceability of it is questionable, but this is the
practice corroborated by statements from the Sahaba. And this is been the practice of the Sahaba and
the followers. So the bottom line is,
		
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			you know, if you commit, if you commit a heart, the crime and then seek refuge general Haram, we
will not establish the habit against you and harm. If you can make the habit in the Haram itself you
have violated the sacredness of the Haram so we will punish you in the Haram. But if you committed
the heart, the crime outside the harem, and when you go to a harem, we will not establish the heart
against you and the harm.
		
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			But what do we do? I mean, Will people will be doing that, you know, no one will talk to you. No one
will sell anything to you. No one will buy anything from you until you are forced to surrender and
to go out of a harem
		
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			and the sacred prison and then the harder will be established against you. So it's just out of
respect for the harder but certainly, you know hidden crimes that you commit inside the Haram will
be punishable inside. I mean if you live in Mecca, you're just going to be punished in Mecca.
		
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			Inside the Hara.
		
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			Yeah, but but the idea of suspension of collusion because was suspension overdue then in travel like
outside of the mainland service lab, is an idea that is agreed on because of his fear that if you
are on a military expedition and you commit a crime,
		
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			if the heart is established against you that may basically tempt people of weak faith to join the
enemy. You know,
		
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			like if they have weak faith? Well, most Muslims would certainly go through 100 HUDs and not doing
the enemy but some people have weak faith may be tempted to do that. So that's why the HUD is not
established and quickly 100 of that seems that we are doing well here.
		
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			So let's let's go over how to zinna quickly since we already covered part of it. Babel had the Xena
chapter on the HUD the penalty for fornication and adultery and Chef Rahim Allah said Manhattan
faceoff Jacobo did holdover. Miriam, rotten lamb Like who? How many?
		
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			How Men.
		
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			Amen, amen for that he has Alec for hado Rajma and CanAm oksanen. I will just do me a very warm in
lahmacun. Sun
		
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			powder.
		
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			Oh honey pajara pajama, Punjab Allah with Sevilla will be group will quickly get to the domain with
a very warm with able to say Rajan. So the sheikh said under the chapter on the heart penalty for
fornication, adultery, fornication or adultery are two different things in Islam because they have
two different punishments.
		
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			If one commits fornication and but certainly the definition, you know, we have our own definition of
what that means.
		
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			If one commits fornication in the front or back, private parts
		
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			of a woman who is not legal for him, or with a boy or man, or have this is done to him has had the
punishment to well be stolen and if he is my son,
		
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			or 100 lashes and exile for one year if he's not, this is because the Messenger of Allah sallallahu
Sallam said take from me for Allah has
		
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			The way made for them for the version who commits for vacation with a version is 100. lasses had
exiled for one year and for our my son
		
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			who commits adultery with my son is stolen. Okay, so this is okay. Yeah.
		
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			Yeah, that's
		
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			an assignment. But this hobby, if any mama might infer that it was abrogated, because the professor
or someone did not combine flogging and stoning in his practice, nor did his quota fat, do the
flogging and stoning.
		
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			So, yes,
		
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			so, the point here is,
		
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			as we saw in the previous lecture, you know, in Sora to node Raj has not mentioned uncertain node.
And
		
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			we have talked about transmitted a bit before, but the hub therefore is in for fornication is
mentioned in Surah to node.
		
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			So, as as a Zani, it wasn't as if it
		
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			can be modified.
		
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			So that the fornicator on the foreign aka dress who flog each one of them 100 times, that's what's
your other notices. Prior to this, what used to be done is to basically
		
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			keep the woman
		
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			under home arrest, basically home arrest at home. And
		
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			this grace, the man that used to be the case, disgraced the man, keep the woman under home arrest.
And then the punishment was revealed and sort of, nor is in the middle of the money, period, five
years after the hedra of the Prophet sallallahu sallam. So the middle of the money period This was
revealed.
		
00:27:07 --> 00:27:20
			And I was reminded of the Hadees of, of Isola. In the break, it was reminded the hadith of Isaiah
where he said that had these, you know, halal and haram, these commands and prohibitions been
revealed.
		
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			Early on, people would have not where people would have been raised.
		
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			People would have rebelled, but the various verses were the first half that was revealed that Islam
or I had from sort of the facade, about the dunya and dinar and belief in Allah subhanaw taala. So
when people return to their Lord, that is when the halal and haram, I art were revealed, and then
after the holidays, were revealed, and society became a society of virtue, equity and justice and
compassion and so on. The her dude, were revealed somewhere between five and 10, after the hatred of
the professors and then at the end of his ministry salani isn't so in order to nor talks to us about
Java does not talk to us about Rajma however, it is sort of established that five to six people were
		
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			stoned during the time of the Prophet salallahu Salam ba aqui, you know, you know, hit within his
jurisdiction by his command
		
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			that I'm hamady, which is for the 200 a year and my eyes and the two Jewish, the Jewish like man and
woman two that committed adultery with each other and were brought by their community. And
		
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			and then
		
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			this, this lady that that committed that
		
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			he had * with
		
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			her husband's
		
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			worker or employee, and the worker was flogged and she was stonewalled. Do
		
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			you have a final thought for Jim hahahahaha. And the professor said I'm sad to go when I used to do
that to the to the wife of that man and if she admitted to adultery events on her and she did and
he's thrown her on ice.
		
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			So we have these incidents of the Prophet sallallahu Sallam commanding stoning and then we have the
hadith of Amara de la Anu in which he said that they were about stoning were revealed and we were
		
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			you know, and the prophets Allah
		
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			performed stoning, who were ordered stoning and we did, and I'm afraid that some people will not
find that out in the Quran because the IOD were abrogated. Their reservation was abrogate but the
ruling was not
		
00:30:00 --> 00:30:33
			abrogated and that is a class of abrogation where only the recitation could be abrogated without
abrogating the ruling sometimes it is both sometimes it's one and not the other and in this case the
rescission was abrogated but the ruling was not abrogated so i'm afraid that people will you know in
islam will will not find that in the quran and they would say that rajma is not a prescribed
punishment and and it is for either from allah is prescribed by allah subhanaw taala
		
00:30:35 --> 00:30:58
			the discussion on art rajma as you know is a contemporary discussion and the reason why that this
discussion comes up so often is because of the severity of the punishment and says you know somewhat
graphic if you think about it and like sound severes stoning
		
00:31:01 --> 00:31:09
			and some of them some of the contemporary scholars they raised questions about the punishment and
		
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			the vast majority of scholars had not question that that particular ruling the vast majority of
scholars keep in mind that that people who were still on the journey and founded the profitable side
i'm not of them
		
00:31:26 --> 00:31:41
			you know it wasn't that it was never established by four witnesses so we're talking about people who
admitted to the crime and we're talking about mass and chlamydia who came in insisted to be stoned
because they wanted to be purified
		
00:31:43 --> 00:32:15
			but in general as we said before in the previous lecture in 500 years of the ottomans ruling over
kind of constantinople stoning was only performed once in 500 years so it's very rarely done unless
someone comes forward and wants to be stone you can eat is the evidentiary standard is so strict
that it is almost impossible almost not impossible almost impossible to establish
		
00:32:18 --> 00:32:47
			but what that's what it is but now the contemporary it's the hands of some of the scholars qaradawi
for instance has this it's the hub that is a valid it's the hat where he says that this particular
you know the hobbies that you were alluding to backfills that were the prophets allah ceremony
forgiveness summit where the prophet saw some themselves because ronica donilon muhammad said sabina
take from me allah made an exit out for them
		
00:32:49 --> 00:32:52
			back on becker becker
		
00:32:53 --> 00:32:57
			gel to me whatever evo
		
00:32:59 --> 00:33:01
			was sable
		
00:33:03 --> 00:33:04
			the
		
00:33:06 --> 00:33:43
			jump to my wall right so the sec says that you know on target target a bomb to be exiled for one
year already bomb you know the hafeez don't take zeile amarga exam for one year so jonathan so there
is a distinction between gentlemen had because if exile if exile as part of the hat then can almost
suspend that no and then to our to our to form a vibe suspended following in the footsteps of armor
xilin
		
00:33:46 --> 00:33:56
			and they only affirm the flogging for 100 so that is for then non previously married non previously
married
		
00:33:57 --> 00:34:00
			this is the punishment for them so second
		
00:34:01 --> 00:34:17
			half of a law says with a beside our job the man is like the mayor here this is the hub also for
this but in in place of
		
00:34:18 --> 00:34:32
			that read the exile for the thalia raj is basically at our theory punishment at the discretionary
punishment that was added by the professor's allah it is not uncertain nor
		
00:34:35 --> 00:34:38
			and if you say that armand said that it was revealed and abrogated
		
00:34:40 --> 00:34:59
			the question is why was it abrogated and is the abrogation of the presentation completely
inconsequential or does it infer that it is not a habit but a valid punishment is just that you know
in order for you to say that it was never done
		
00:35:00 --> 00:35:03
			is not a valid punishment you will basically
		
00:35:05 --> 00:35:17
			compromise the whole system you know compromise the whole set up like all of these reports from the
prophet sallallahu sallam talking about stoning what are we going to do with them
		
00:35:18 --> 00:35:56
			adam if you defy all the reports and you just deny that they existed and pretend that you know then
you are you are occur at night you don't sort of believe in the sun altogether or if you believe in
the sun but you have the audacity sort of to deny that there was ever stoning during the time of the
prophets of salaam then you're pretty much inconsistent or like completely incoherent because there
is plenty of reports to say that this was actually done during the time of the prophet sallallahu
sallam yes
		
00:36:03 --> 00:36:05
			oh yeah well so stunning
		
00:36:08 --> 00:36:11
			yes the stoning was prescribed and
		
00:36:12 --> 00:36:24
			and the previous scriptures and was actually prescribed for things that are less than adultery like
starting was prescribed for working on the sabbath you know it's not
		
00:36:28 --> 00:36:29
			anyway but
		
00:36:30 --> 00:36:48
			we're just talking about islam you know some of them sort of muslims some of the muslims who have
their own sort of interpretation of the religion they feel that stoning was borrowed from the from
the jews
		
00:36:49 --> 00:37:00
			that signing is an islamic and it is borrowed from the jews but it just causes like complete have
acted all hermeneutics
		
00:37:01 --> 00:37:26
			what are we going to do with these hadees that came from the prophet sallallahu sallam collectively
to deny that stoning happened with the permission of the prophets of allah or on the command of the
prophet sallallahu sallam he requires like sort of some type of hermeneutical gymnastics are
completely detrimental to the system
		
00:37:28 --> 00:37:30
			the principles of effect yes
		
00:37:35 --> 00:37:37
			process also the controls
		
00:37:41 --> 00:37:55
			within unsafe so we set this we didn't we said so of course it is you know we said it if one commits
permutation in the front or back private parts of a woman who was not there yet and we did say
before that you know
		
00:37:56 --> 00:38:21
			in the previous lecture maybe we said that you have to establish the evidence that the male organ
went into their female organ like an eyeliner stick with go into the container its container you
know kellner what phil makalah tell me what phil makhado like an eyeliner goes into the container so
it has nothing to do with oral *
		
00:38:23 --> 00:38:29
			that would be punishable by if it is done between unmarried people
		
00:38:30 --> 00:38:34
			if it is between married people that's not that's not an issue
		
00:38:36 --> 00:38:47
			if it is done by it's between unmarried people as is punishable by tazio discretionary punishment to
establish it you don't need that the same evidentiary standards established
		
00:38:50 --> 00:39:04
			because there is no harm before it is a discretionary punishment so if you like pe catch people like
doing something in public and they're not married you could punish them by tazzy year
		
00:39:05 --> 00:39:09
			some people will say well when the man came to the prophet sallallahu sallam and he said to him
		
00:39:10 --> 00:39:59
			you know that i have seen a woman in an orchard and i've done everything with her except penetration
and the prophet sallallahu sallam said to him knock on the salata after i find her osama bin laden
of hostility with msc in established prayer in the beginning and the end of the day the very good
deeds wipe away bad deeds and the prophet did not punish him so why are you saying about the
discretionary punishment is prescribed that is basically what the scholars have said this christian
encouragement is prescribed to protect the society this man came confessing he repented and came
confessing but if you allow people to do acts of lewdness in public and do not the society does not
		
00:39:59 --> 00:39:59
			determine that
		
00:40:00 --> 00:40:02
			That could be consequential
		
00:40:03 --> 00:40:11
			to society and, you know, in various society, they they put some, you know, they put some red line
somewhere,
		
00:40:12 --> 00:40:22
			like here in like, I don't think that they would allow, you know, the whole act in public. Right.
Which then, you know, no.
		
00:40:26 --> 00:40:29
			So, some right minds have to be put anyway.
		
00:40:30 --> 00:40:56
			Okay, so so that's the issue here. The the punishment for fornication is 100. It's been flagged 100
times the punishment for adultery is stoning. And what's the difference between fornication and
adultery? The chef will tell you now, he says, Well, my son was horrible. ballyhale hockaday love
the pad. What the Zodiac.
		
00:40:57 --> 00:40:59
			mithila, who has his
		
00:41:01 --> 00:41:03
			physical body? Phoenix,
		
00:41:04 --> 00:41:16
			who is the Mohsen the My son is the same free adult who has previously have * with a wife
who has the same attributes in the front genitalia
		
00:41:18 --> 00:41:30
			during the course of a valid marriage, during the course of a valid marriage, so someone who had
* with his wife, that's not my son.
		
00:41:32 --> 00:41:44
			So he will be a fornicator and an adulterer, even though he was married, and even though he had *,
but since he did not have the very sort of usual *,
		
00:41:46 --> 00:41:52
			then in the mouth have, he is not Mohsen someone who was
		
00:41:55 --> 00:42:06
			who had a like, dubious marriage and invalid marriage, not my son. So he for indicated, you know,
before or something, he is not, my son
		
00:42:07 --> 00:42:11
			has to be in a marriage he had, because why is this
		
00:42:13 --> 00:42:28
			and also he has to be free and sane and his wife has to be similar to him. And these qualities, he
is also free insane, because they say that we are,
		
00:42:29 --> 00:42:36
			the punishment is intensified, is magnified. Because Allah, Allah,
		
00:42:37 --> 00:42:42
			Allah had completed his favor on you, allowed you to get married,
		
00:42:44 --> 00:43:12
			and sort of fulfill that desire in a permissible way, in a wholesome way. And despite that, he went
he had committed that crime. And keep in mind that, you know, you may not, you may, you may, and
people may say, it's consensual, why is it crime? Why is it a crime when it is consensual,
		
00:43:14 --> 00:43:36
			because of all the consequences to that to society, because of all because of the hundreds of 1000s
of kids that are born out of wedlock, and they clog the foster care system, and they don't know
their parents, because of people having doubts about the paternity of their fathers, their, or the,
you know,
		
00:43:38 --> 00:44:25
			people have doubts about their children not being theirs, you know, kids are having doubts about
their fathers not being theirs and so on. This is of enormous impact on the society. This is an
enormous impact on the society in every respect, you know, having fulfilling that important desire,
that wholesome, that Islam never condemned, that wholesome good desire, fulfilling it without being
regulated without outside of the institution of marriage, that wholesome good desire, if it is
fulfilled, without regulation, outside the institution of marriage, can have detrimental effects,
who is
		
00:44:26 --> 00:44:30
			accountable to those kids that are, you know,
		
00:44:31 --> 00:44:59
			that do not have the support of the normal, wholesome family, the support of family, the family of,
you know, husband, and wife, father and mother, they get the support and from the Father the
compassion from their mother. And they could also get support from their mother and compassion from
their father but mainly support from the Father compassion from the mother and they get, you know,
within the dynamics, the
		
00:45:00 --> 00:45:07
			normal natural dynamics of family who is accountable you know
		
00:45:08 --> 00:45:24
			someone has to be held accountable those kids have been wronged and someone needs to be held
accountable that's why the charity prescribes a punishment for you know the fulfillment of this
wholesome good desire outside of the institution of marriage
		
00:45:28 --> 00:45:39
			so that's my son and that's the difference and we talked about the flogging and stoning and then as
you exhale finally when i asked what is in my body i'm ryan prower on behalf of r barmera masari
		
00:45:42 --> 00:46:14
			i put this under the the admissible proofs of xena fornication cannot be established fornication can
be established only with one of two admissible proofs the first the offender admitting to the act
four times while being explicit in describing its true nature so the prophet saw sanlam said you
know you've done this penetration like an eyeliner stick goes into the container and he said yes and
that's
		
00:46:15 --> 00:46:20
			because you do not want to leave any room for any possible
		
00:46:21 --> 00:46:22
			error here
		
00:46:24 --> 00:46:43
			so that's the first admissible proof and you have to admit four times if you admit three times you
have not admit you know we we will let you go so if you say i committed the crime i committed the
crime i committed the crime three times and not the fourth you will go home free
		
00:46:44 --> 00:47:45
			then the second admissible proof you know is our header to our body regarding a harar do drc funa
xena where the owner female is in wa headwear puna allah had busine and were had the testimony of
four free adult trustworthy men describing the act of fornication in one session and agreeing on
their deep tale testimony concerning the very same act of fornication the way they cross examine
those witnesses in fact is amazing you know they basically like you do not want to be cross examined
like this so they ask you so which part of the room what was he wearing what color how many layers
and so it is exhaustive cross examination to create or any sort of for any inconsistency in their
		
00:47:45 --> 00:47:58
			testimonies they have to give a detailed testimonies and they keep on questioning them with aim of
basically finding inconsistency when they find the inconsistency they are in trouble
		
00:47:59 --> 00:48:18
			our if one of them says well i take it back i really can't i know i'm not quite sure that it was you
know what you're saying you know this penetration or or this or they find the internet whatever
inconsistency they will be in trouble so what does that what does that tell people
		
00:48:19 --> 00:48:21
			you know don't do it
		
00:48:23 --> 00:48:39
			cover them up don't do it just like you know because you will subject yourself to be in flagged and
to being called that facet forever even though you saw it three sahaba were slugged because the
forests
		
00:48:41 --> 00:48:44
			are three during the time of amara yamano
		
00:48:45 --> 00:48:59
			they the act used once a hobby of fornication and since since the evidentiary standard was not met
three were flood
		
00:49:00 --> 00:49:23
			so just like it is telling you to basically avoided unless you were quite certain and you're quite
certain not only of your detailed testimony that all of you will be consistent so if like one of the
guys it has a little bit of dementia you're risking your
		
00:49:28 --> 00:49:44
			field go to the person and maybe talk to them oh of course no no of course yeah and then and then if
you don't say it was zinner and you bring it up a notch down you don't have to establish that
evidentiary standard
		
00:49:45 --> 00:49:54
			if you bring it up a notch now for so it's not a hard the crime now then you don't have to establish
that evidentiary standard
		
00:49:56 --> 00:49:56
			for recording