FQP15 Fiqh of Penalties – Hadd of Adultery & Fornication

Hatem al-Haj


Channel: Hatem al-Haj


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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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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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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 intercourse 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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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.

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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 sex 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

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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

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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

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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

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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

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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

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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

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back on becker becker

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gel to me whatever evo

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was sable

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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

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and they only affirm the flogging for 100 so that is for then non previously married non previously married

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this is the punishment for them so second

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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

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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

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and if you say that armand said that it was revealed and abrogated

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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

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is not a valid punishment you will basically

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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 sex

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 intercourse 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 sodomy 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 sex, but since he did not have the very sort of usual intercourse,

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