FQP16 Fiqh of Penalties – Hadd of Fornication and Drinking Khamr

Hatem al-Haj


Channel: Hatem al-Haj


File Size: 55.18MB

Episode Notes

Share Page

Transcript ©

AI generated text may display inaccurate or offensive information that doesn’t represent Muslim Central's views. Thus,no part of this transcript may be copied or referenced or transmitted in any way whatsoever.

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

From now on proceed

00:00:23--> 00:00:31

as far as I said, inshallah, today we will try to finish the rest of the Hadoop or fixed penalties. And

00:00:32--> 00:01:00

last time we talked about it in general and we talked about a hot designer or the fixed penalty for fornication and adultery. And today inshallah, we will talk about hidden costs, which is the fixed penalty for accusation of chase people fornication, and had the silk or had this horrible hammer. That's the fixed penalty for drinking come.

00:01:01--> 00:01:09

And then had the surgery power, which is a fixed penalty for seft, although not all kinds of theft.

00:01:11--> 00:01:12

It's sorry,

00:01:13--> 00:01:14

best translated as theft.

00:01:16--> 00:01:24

And then we will talk about the fixed penalty 400 herrada, which is banditry. And then we will talk about

00:01:26--> 00:01:39

according to the Hungary's not had the red, which is a fixed penalty for read, but rather have a pool better, more thought, which is the punishment for the apostate.

00:01:41--> 00:01:45

As I said before, we will go back to have the

00:01:49--> 00:01:59

sinner Sienna, which is the fixed penalty for fornication and adultery. And the reason why I wanted to go back is that I promised you to basically

00:02:01--> 00:02:05

be transparent and let you know of the contemporary discourse

00:02:06--> 00:02:27

about these issues and other issues, regardless of my personal position, because that is not my personal position that matters. The most, if you're learning you're learning, you want to learn not only my personal position, and that's also an issue that often preachers fall in.

00:02:30--> 00:02:37

And I'm not saying that they do this, because they are egotistic. But they do this often, because they are

00:02:39--> 00:02:47

concerned for the people and want to relate to them the correct position.

00:02:49--> 00:02:50

I have

00:02:51--> 00:02:52


00:02:53--> 00:02:57

discovered that the correct position is not always what I believe to be correct.

00:02:59--> 00:03:01

And time have taught me this very well.

00:03:02--> 00:03:11

Therefore, I don't limit your exposure to my correct position.

00:03:12--> 00:03:27

Having said that, I talked to you last time about how the center and particularly the fixed penalty for stoning, and the fixed penalty for stoning, the prefix penalty for adultery, which was thrown in, and I told you

00:03:28--> 00:03:33

that we have an in the contemporary discourse,

00:03:34--> 00:03:36

we have

00:03:37--> 00:03:45

three different directions, we have the direction of affirmation and apologetical affirmation,

00:03:46--> 00:03:48

we have the direction of

00:03:51--> 00:03:52

complete rejection.

00:03:54--> 00:03:58

And then we have the direction of

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

basically a reconciliation between the two.

00:04:04--> 00:04:12

So, it is affirmation of the presence of some basis for stone Indian Islam. But at the same time,

00:04:14--> 00:04:26

it seems that this particular direction wants to say that it's inapplicable or that it is not binding on us nowadays.

00:04:27--> 00:04:28


00:04:29--> 00:04:36

we've gone over, you know, the affirmation and basically, the fact that I told you

00:04:38--> 00:04:57

and remember, I told you also that my concern, I tend to believe that some adjustments are needed because of the changes in circumstantial variables and particularly the changes in the last 200 years. make adjustments to our legal discourse or to our discourse

00:04:59--> 00:04:59


00:05:00--> 00:05:06

Because the change in circumstantial variables should be consequential and not inconsequential. However,

00:05:08--> 00:05:22

it is important for like my approach to this, my attitude about this is that our hermeneutical system should not be demolished, because that will be devastating.

00:05:23--> 00:05:30

So, adjustment has to be made within the hermeneutical system. So people who reject the hands,

00:05:31--> 00:05:33

they can work within the system,

00:05:35--> 00:05:40

which would be very hard, and they can work outside the system

00:05:41--> 00:05:44

wanting to demolish our system,

00:05:45--> 00:05:54

basically, a denial of the sun. This stoning is not in the current period, you know.

00:05:57--> 00:06:10

So, to deny the sun would be basically devastating to the hermeneutical system, to our resort and to the way we approach our Deen and understand

00:06:11--> 00:06:20

to the referentiality of the sun and once you demolish the referentiality of the sun, that is consequential.

00:06:21--> 00:06:24

So, working within the system is to work within the hermeneutical system.

00:06:28--> 00:06:32

And working within the hermeneutical system, whether you are here or here,

00:06:34--> 00:06:39

it will be impossible to deny that there was some stone and at some point,

00:06:40--> 00:06:58

that stoning was a punishment at some point, why because we have fixers five or six confirmed cases of stoning have happened during the time of the Prophet sallallahu sallam, including mouse and mouse salami and chlamydia which are

00:07:00--> 00:07:02

the same woman, and the

00:07:04--> 00:07:26

woman who tested the story of an Aussie, or the woman who committed adultery with the servant of her husband. And then the two Jewish people that were brought to the Prophet sallallahu Sallam by the Jews. So we have certain cases that are undeniable

00:07:29--> 00:07:35

in terms of being reported in the sun, and reported in the authentic collections.

00:07:37--> 00:07:47

Now, if you deny those, based on a denial of the sun, that is devastating to the hermeneutical system,

00:07:48--> 00:07:58

because that is basically a very consequential issue here. And if you're trying to renovate a building, and renew what an renovation,

00:07:59--> 00:08:05

I have shared my sort of article on renewal or renovation

00:08:07--> 00:08:26

with you and you know, my position on this because certainly the word itself, although it's traceable to the Prophet sallallahu sallam, but people mean different things by it. But if you have a building and you want to renovate the building, you know,

00:08:30--> 00:08:41

sometimes you could basically decorate a wall, sometimes you could add a window, sometimes you could basically knock out a wall.

00:08:43--> 00:08:45

But then if you knock out a pillar,

00:08:47--> 00:08:57

you want to ask like if you want to make a particular room more spacious, you want to ask yourself, a Fike, if I knock out this wall,

00:08:58--> 00:09:01

is it load bearing

00:09:02--> 00:09:12

or non load bearing? If I knock out a load bearing pillar, I'm just gonna be in trouble. This is not renovation then

00:09:14--> 00:09:33

unless I want to replace the building, so that is important to apply here. You ask yourself, okay, if I say that all these reports are don't count. I don't care. It's not in the plan.

00:09:35--> 00:09:57

I am basically going to be denying a large number of reports that would corroborate and they are in the se ha, that would corroborate each other and, and so on, or I'm denying that the Prophet sallallahu Sallam himself has the capacity to legislate.

00:09:58--> 00:09:59

The Prophet did not

00:10:00--> 00:10:08

Just the the prophets relayed their legislation but that legislation of the Prophet sallallahu Sallam has inspired, divinely inspired

00:10:10--> 00:10:17

the denial of this or that is detrimental to the hermeneutical system. So you don't want to go there.

00:10:19--> 00:10:21

See, I don't want to listen to

00:10:23--> 00:10:24

these narratives.

00:10:25--> 00:10:26

But then

00:10:29--> 00:10:47

I told you that I told you last time that the one narrative the one entity had contemporary it's the had that may be that that is working within the hermeneutical system. And that's that's the heart of like, that was.

00:10:50--> 00:10:53

Second qaradawi and Sufism, to some extent also

00:10:55--> 00:10:56

cause cars

00:10:58--> 00:11:20

qaradawi and Zara Zara. Zara did not write in detail so he did not expose to us his position in detail, but he was the first of the contemporary scholars to assertively deny the presence of stoning. And Mohammed Abu Zahra or Abu huraira

00:11:21--> 00:11:27

was one of the greatest things howdy scholars of the 20th century like, respected across

00:11:28--> 00:11:31

the different backgrounds.

00:11:34--> 00:11:57

And no one can deny that I mean, no one who knows anything about scholarship, particularly contemporary scholarship could deny that so Sheikh Mohammed Osama was the first one two then I hit and then chef Mustafa Zarqa is comparable to chef Muhammad ozora in stature.

00:11:59--> 00:12:08

Also one of the greatest answer covered so we're not we're talking about heavyweights there are no doubt

00:12:09--> 00:12:28

and they try to work within the system because they are traditional orthodox scholars. So are trying to work within the system. I have told you that the number one the only way to work within the system is basically to say that stoning was

00:12:31--> 00:12:36

at Ozzie the punishment a discretionary punishment. And where did they get this?

00:12:38--> 00:12:42

They got this from the hubby's of one

00:12:46--> 00:12:50

big global Dec region domain our theory was soluble with a bit of domain.

00:12:52--> 00:13:08

So one of the reports of this holidays in the authentic elections, what do I need take from me a lot made a way out for them. The people who commit adultery as they grow back, you know, the sort of on previously married

00:13:09--> 00:13:10

or big

00:13:11--> 00:13:15

committing committing fornication JAL dummy

00:13:18--> 00:13:19

what a very

00:13:21--> 00:13:23

was able to save gel domina

00:13:24--> 00:13:32

waratah. And we said particularly according to the Hanafi, Maliki's and Amara, the Allahu

00:13:33--> 00:13:43

amarante Alon who suspended activity because it resulted in more problems during his time. So he suspended it.

00:13:44--> 00:13:47

And the judge demeanor isn't the poor and

00:13:48--> 00:13:54

so the Prophet sallallahu Sallam said gentlemen, gentlemen, our Raj, people are saying that

00:13:55--> 00:14:16

is a discretionary punishment, otherwise a hammer would have not suspended and aurasma is also a discretionary punishment. Because tell them it is the punishment that is mentioned in the Quran and the Prophet said about both. Now how come they don't do the flogging and the only do the stoning

00:14:17--> 00:14:26

because, like Remember when I said that flagging for has been abrogated, although the claim of abrogation is

00:14:27--> 00:14:31

is also does also need to be proven. But then remember

00:14:32--> 00:14:49

that the Prophet stone hands did not like the muslin arm are dead. So he said that this is abrogated, explained as hobbies because there's hurries seems to be making two punishments for the back. Two punishments for the

00:14:50--> 00:14:59

one fixed punishment for both which is flagging and then an additional punishment for an object which is exile. Additional punishment for the say, which is

00:15:00--> 00:15:05

stone in. So now one is, you know, doing both

00:15:06--> 00:15:32

for the site. Yep. The shaft Asian companies are doing both for the big but no one is doing both for this and say yep, they're only doing this stone in. Remember that said that this is abrogated, because the profit afterwards did not like them and Alma did not like them and so on. So I told you that this is the only service they have that is trying to work within the hermeneutical system.

00:15:35--> 00:15:46

The other ETS they have that is trying to work within the hermeneutical system of Viet by less prominent, and that's why I omitted it last time.

00:15:47--> 00:16:01

But I figured that I should not omit it to be completely transparent and to relate to the entire discourse of current contemporary discourse. The other answer you have by sort of more junior

00:16:02--> 00:16:07

scholars like Chef santenay, man and others.

00:16:09--> 00:16:15

They're saying that stoning was done by the prophet sallallahu Sallam

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

before the revelation of surah. to note

00:16:20--> 00:16:46

in conformity with the sort of the previous scriptures, because the prophets also non canon, we have a more fat Alcatel female and you're highly iffy, because the prophets are seldom used to agree with the people of the book or the people of the Scriptures and things that in which about which he did not receive revelation. And then when surah Noor came to America nor abrogated, stoning

00:16:48--> 00:16:52

and only affirm the punishment by flagging

00:16:55--> 00:16:59

this will not be basically without difficulties.

00:17:00--> 00:17:11

Because it seems that particularly for the holiday, yeah, holiday literally based on reports in this one, and these will be also contested by the same people.

00:17:14--> 00:17:29

And basically, and consistencies will be tried to prove it and so on, but based on reports in this webinar, how to determine whether you attended, and how many years stoning and we know that Parliament rallied, you know, accepted Islam

00:17:31--> 00:17:48

not necessarily after fat Hanukkah, but have been hammered on the loss of beat fat hamaca by the acceptance of Islam. So right before fat hamac he accepted Islam which is much later than the revelation of surah. to note.

00:17:49--> 00:17:56

But then, these are reports also that they tried, they tried to contest and they say that

00:17:57--> 00:18:01

there are two different proofs that are rotten as

00:18:02--> 00:18:12

they certainly cite many proofs, but their main proves that harassment is not prescribed and Rodman has been abrogated, as far as nor

00:18:13--> 00:18:20

one is the generality I mean, the generality of the statement is sort of lower than it was an infertility

00:18:24--> 00:18:25

Allah well as

00:18:27--> 00:18:27


00:18:29--> 00:18:35

as anywhere in parallel because any oils are in almost every column Amina within our mamasan

00:18:37--> 00:18:38

until the

00:18:40--> 00:18:42

manifest your code a lot of the

00:18:44--> 00:18:47

interview thermogravimetric is longfin Allah for Rahim, Allah denormalize

00:18:49--> 00:18:50

Shahada we learn for some facade

00:18:53--> 00:18:57

by Allah in Canada, we've been why other Ahava untouch

00:18:59--> 00:19:01

in North America has been on camiseta and

00:19:03--> 00:19:06

so in Surah, Nora last minute Allah

00:19:08--> 00:19:14

talks about the punishment for his any ozonic and the above mentions on the

00:19:15--> 00:19:23

flagging and does not mention stoning of course, as you know. But then the point of the interesting point is that

00:19:24--> 00:19:27

Allah subhanaw taala called the punishment for them

00:19:29--> 00:19:31

by Homer for Everton

00:19:33--> 00:19:34

men and mini

00:19:36--> 00:19:41

if you remember in certain era when we talked about the you know,

00:19:48--> 00:19:49

when we talked about

00:19:53--> 00:19:58

when I was not in Latin America, American for the article moment man at

00:19:59--> 00:19:59


00:20:00--> 00:20:07

Learn the compound common badfinger hanabi is near the N word ohana odawara on the model mountain bed most of

00:20:08--> 00:20:22

us in favor Atlanta for either a la Santa Fe none of them follow him on this one I don't know he made a lot of entertainment with him follow him Nashville mahalo masala tea minute either

00:20:23--> 00:20:25

for either Osman

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

for him

00:20:29--> 00:20:30


00:20:35--> 00:20:37

Miss for now holla

00:20:38--> 00:20:41

Come on it may not.

00:20:44--> 00:20:52

So, this is uncertain. So, the iron says that these bondwoman are slave women become moistening,

00:20:57--> 00:20:58


00:20:59--> 00:21:04

and then and then the they commit if they commit,

00:21:05--> 00:21:14

which is Xena, then upon them is half of the punishment that is due upon a maximum and most

00:21:16--> 00:21:17


00:21:18--> 00:21:20

must not hear

00:21:21--> 00:21:23

by the majority would be

00:21:24--> 00:21:25

interpreted as what

00:21:26--> 00:21:27

the free women

00:21:30--> 00:21:38

and forever opsin here, even if it says Islam, they became Muslim.

00:21:46--> 00:21:58

But we have to agree and you know, you you want to be honest, you know that my position is the position of the majority, but you have to be honest, that that makes sense.

00:22:01--> 00:22:05

Sort of their interpretation, using this verse

00:22:07--> 00:22:15

to support their position, that there is no rods is actually powerful. Because

00:22:17--> 00:22:19

forever Center

00:22:21--> 00:22:28

by they say that the axon here is by marriage, falling in vain identify husband product and on this model.

00:22:30--> 00:22:37

They say that we will have to basically interpret Amazon out here to mean

00:22:38--> 00:22:43

it's a long discussion, but the bottom line is that they're saying this is the masala

00:22:44--> 00:22:45


00:22:46--> 00:22:50

if this if this slave woman after marriage

00:22:52--> 00:23:02

becomes a masala by marriage, then the punishment for her is half of the punishment of her counterpart. That is the free woman who's married.

00:23:04--> 00:23:11

And if you're saying that and this this, this sort of it would be

00:23:15--> 00:23:18

it will be clear that far I fall in on this model.

00:23:23--> 00:23:27

What would not be half of stoning, because stoning

00:23:28--> 00:23:40

to death cannot be haft. But rather it would be half of the flogging. Because 100 lashes could be half 250. So that's

00:23:45--> 00:23:46

that is that?

00:23:53--> 00:23:55

Yeah, and so sorry.

00:23:59--> 00:24:00

Yes, go ahead.

00:24:02--> 00:24:03

What's the

00:24:04--> 00:24:05

that's the interesting question. What's the

00:24:07--> 00:24:09

What is that? What's what

00:24:10--> 00:24:12

they're saying that that applies to the flooding?

00:24:14--> 00:24:15

What's the

00:24:16--> 00:24:26

regular interpretation of the regular interpretation, which is the mainstream interpretation of this? Yeah. Is that ever upset now by becoming Muslim?

00:24:27--> 00:24:28

Follow him and his family

00:24:29--> 00:24:36

upon them is the half of the ASVAB that is prescribed before

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

the the free women, so they interpreted my son out here as free, not previously married.

00:24:45--> 00:24:47

As free not previously married.

00:24:48--> 00:24:56

And yeah, so that's the only way the questions are what they say about the Vietnam War where he said most often and

00:24:57--> 00:25:00

so they will have what do we like in this case?

00:25:00--> 00:25:11

Because that has been shattered, we will take it back to the GM, which is what almost said is definitive that we can apply that. Therefore, their secondary applications have to be rejected because

00:25:16--> 00:25:36

they will have, they will basically have to rely on two defenses thus, one is the possibility that Omar was not aware of the abrogation. Two is the possibility that this report is not traceable to armor

00:25:37--> 00:25:38


00:25:41--> 00:25:46

that he was applying this was a harbor witness, it would have to be that nobody was aware in that case.

00:25:49--> 00:26:19

That is why it is a little bit. It's not without difficulties, but he also want to recognize this point that they're making, because it is a point for him and his model. If you say that the plan is definitive and implication and transmission, they are trying to say that the poor and that our regular interpretation is a little bit sort of

00:26:21--> 00:26:47

that we're not clear because maxima is mazzara. So to interpret maximal out here as free women versus the regular definition of massage that is throughout, how and to interpret massage for her face off center, like is one who tried to interpret Roxanna to become Muslim.

00:26:49--> 00:27:04

The beginning of the IR says that he's Muslim already, in fact at one moment so you have to also be honest in recognizing the inconsistencies in your mainstream interpretation.

00:27:07--> 00:27:14

sense where one word we use quite the same context and have different meanings when I'm telling you the same so that

00:27:15--> 00:27:23

means the Medina was with me for all up is the person talking about Adam The second is talking about the human being was created from

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

the sentence

00:27:29--> 00:27:33

inserted here so you could basically talk about

00:27:34--> 00:27:47

after recognize the difference between the two you have to recognize that that song is used when you use them that can text follow him on espoma Hello mark. So not even a lava masan up to be Hara.

00:27:49--> 00:27:50

And if

00:27:52--> 00:27:59

you know she is a married woman, so even if you say is a husband of an attainable for her children follow him on a smartphone

00:28:02--> 00:28:10

masan at minocin medic medic, the amendment for that movement out on the Army Medical Department Bob. Thank you. Hi, my name is

00:28:12--> 00:28:20

Bill Murphy, my son Adam, after she became married, my son and I are items if you

00:28:23--> 00:28:24

follow him on his forehead and

00:28:25--> 00:28:36

then if they become Muslim, it's obvious from the siac of the see by getting married family in this format. And Masato nadab It's obvious that

00:28:37--> 00:28:39

that this is

00:28:40--> 00:28:46

but but anyway, the other position the other thing that they want to mention, as

00:28:48--> 00:28:53

I told you when he asked for effect on men and women in in the beginning of skeleton node,

00:28:55--> 00:28:59

and then later as well to nor where it talks about in what

00:29:00--> 00:29:01

it says what

00:29:03--> 00:29:06

we have on hand and who's on here and what I know,

00:29:08--> 00:29:09

will moulana

00:29:10--> 00:29:11

whether on hell

00:29:12--> 00:29:40

and touch Arbaaz hadn't been in a minute cassadine one comments about another kind of anisotropy. So what averts the punishment from her is to make four testimonies that he is a liar and the fifth testimony is that is harder. The fifth one is that the anger of Allah will shall be upon her if she as the liar, okay?

00:29:41--> 00:29:48

They're saying that in within the same context, what is up here?

00:29:49--> 00:29:50

They're saying this

00:29:52--> 00:29:59

must be this elephant lamb. The article of the definite article v must be alpha lamella

00:30:00--> 00:30:03

She means the app that I just talked about.

00:30:05--> 00:30:14

Because, you know, it's not like a generic other app that I just talked about, what is the other app that I just talked about in the beginning of sort of note

00:30:15--> 00:30:16


00:30:17--> 00:30:21

So, this is a married woman, how come?

00:30:22--> 00:30:34

What, you know, how come the area is saying wherever one had a verb and not the other on her mouth. Of course, you could say that that is Abby's and mouth. This is also

00:30:36--> 00:30:40

every interpretation that we because his

00:30:42--> 00:30:56

mouth is usually not mentioned and the complexity of adapt for. For that may, it may be mentioned in the context of that, or the family of the maid, but not for the Marriott. And then this

00:30:58--> 00:31:06

means that we're talking about the ASVAB that was just mentioned, whether on Alibaba in touch with our boss, or

00:31:07--> 00:31:13

whatever it's the other app from her is to make the testimony

00:31:14--> 00:31:30

four times. So that's their, basically, that's the summary of their strongest proofs. I wanted to bring this up so that I'm not hiding any part of the contemporary discourse from you. The issue here is that

00:31:32--> 00:31:42

with the agreement of the forum, as I have, with statements like almost statement, with the ongoing, sort of

00:31:43--> 00:31:45

uncontested practice,

00:31:46--> 00:31:53

it makes it very unlikely very difficult to, despite the fact that that using a puranic

00:31:54--> 00:32:01

basically approach in the sense of using the Qur'an, they do have powerful arguments.

00:32:03--> 00:32:12

And these are part of the arguments that shouldn't have been absorbed by us himself. They do have powerful arguments using the puranic.

00:32:13--> 00:32:27

It is just that when you add the reports of the sun, you add the ongoing practice, you add the agreement of the scholars, you are very important consensuses,

00:32:29--> 00:32:33

it becomes difficult to accept that

00:32:34--> 00:32:41

these powerful arguments are basically the superior arguments.

00:32:43--> 00:32:54

That's it. Moving right on to the next one, which is Bob had the cause for the chapter on the heart door the penalty for unproven accusation of fornication.

00:32:56--> 00:32:59

One on runner, my son and I'm sorry that he

00:33:01--> 00:33:31

attacked me, Melissa had Allah He God, the femenina delta is a Taliban makazole while my son who had heard valuable Muslim would rip that off Eve, if one accuses a mock son of Xena or testifies against him or her, but he does not meet the requirements for a valid testimony. He will be flagged at times, if the accused demands that my son, here is that chase saying pray about Muslim.

00:33:34--> 00:33:36

So the

00:33:37--> 00:33:39

hardest class which is basically

00:33:41--> 00:33:48

the penalty for unproven accusation, offering negation and that is one of the basically

00:33:50--> 00:33:51


00:33:53--> 00:34:02

teachings of Islam because protection production of honor is one thing that Islam emphasizes and places a lot of weight on.

00:34:04--> 00:34:22

You see that the label culture the tabloid culture could be detrimental to morality could be detrimental to individuals, families, societies, that could be detrimental to the morality of people.

00:34:24--> 00:34:46

Particularly when people feel that everybody is corrupted, like what would make me want or aspire to being virtuous, or to be upright if everybody is corrupted. And that's what that culture produces. It basically makes morality unattainable

00:34:49--> 00:35:00

as yet alpha has. So you know, corruption becomes rampant becomes because everybody's talking about corruption, whether and no one

00:35:00--> 00:35:04

needs to prove anything you can just talk freedom of speech,

00:35:06--> 00:35:18

devastate individuals, their families and an entire societies and that is basically just because of an idol called freedom of speech what.

00:35:20--> 00:35:24

And even that idol sometimes is devoured

00:35:26--> 00:35:29

when it crosses certain lines,

00:35:31--> 00:35:43

but not when it is devastating to the society and such ways that human beings because of their short division are unable to assess.

00:35:45--> 00:36:13

But but certainly have their cause for basically as and then have that pathway is not limited to accusation of fornication, but also there is tozzi for accusations that are shorter fornication. So anything that is shorter fornication, any Canaria, which is implicit accusation of fornication, not takes place. Any accusation of something shorter fornication,

00:36:14--> 00:36:24

even like curse words, that is fuzzier. In Islam for kids where if you say to someone you fast, there is Thursday for this?

00:36:25--> 00:36:58

You would say that, where's my freedom of speech? Then? Who hell? But where is the you know, the sacredness of honor? Where is the protection of honor? You know, if you want to say whatever you want, and basically, as long as you don't touch them, you could say anything you want. That's not, you know, words could be more devastating than punches and kicks, for sure. And that is what Islam recognizes.

00:37:00--> 00:37:25

So had the password the penalty for unproven accusation of fornication. The Magna Kodama, as we said, sadly, if one accuses my son of Zina or testifies against him or her, but he does not meet the requirements for a valid testimony, he will be flagged at times if the accused demands it. And this isn't sort of to know the viruses that we just recited.

00:37:26--> 00:37:30

What are the snotty from here to there? Well, I definitely didn't femenina Jaga

00:37:32--> 00:37:47

abita Hola. Como se Poon, very severe punishment, because Allah says those who accused chaste women of fornication and it applies to chase men as well. But as as women, because that's what people mostly then

00:37:48--> 00:37:53

and then do not produce for witnesses, then flag them at times.

00:37:55--> 00:38:03

And never accepted our testimony afterwards. And those are the two facets. And those are the two facets

00:38:05--> 00:38:05

about varicose

00:38:06--> 00:38:14

veins except for the ones who repent afterwards and and rectify their actions or

00:38:15--> 00:38:19

reformed themselves, then Allah is Forgiving and Merciful.

00:38:21--> 00:38:29

So that is the punishment for the person who asked us as someone accuses chase person of fornication, whether male or female.

00:38:30--> 00:38:53

And as we said, if we if the evidentiary standard for the accusation is not met, if he accuses if he uses implicit language, if he accuses of something short of fornication, in all of these cases, there as the as the year there is a discretionary punishment should be severe enough to deter people from

00:38:54--> 00:39:02

compromising people's dignity and, you know, assaulting the honor and dignity of others.

00:39:06--> 00:39:06


00:39:08--> 00:39:30

not only this, but you know, now only if you do this out of anger, but if three people act use one person of fornication and cannot produce the force, or four go to the court and one recants or, or have they gave an inconsistent testimony,

00:39:31--> 00:39:38

many, many things that would make them liable for this hard for this fixed penalty.

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

And it is, as I said, legislated for the protection of the society, individuals and the society. Honor is sacred in the American one Welcome arada. Come on, I come here. So your blood that's life, your property

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

It and your honor is called sacred

00:40:08--> 00:40:09


00:40:10--> 00:40:11


00:40:14--> 00:40:34

when there is like one point here that I wanted to mention, so, if like the at times if the accused the demands, if the accused does not demand that what happens in this case, now flagging if the accused does not demand, if the accused demands that and verify if and when they die before the execution,

00:40:35--> 00:40:38

their heirs inherit the right to execution

00:40:40--> 00:40:54

if the accused does not demand that in their life and dies before does not demand that in their life and dies, the heirs do not inherit the right to

00:40:55--> 00:41:07

demand demanding and the person who has been accused is the person that needs to demand What if you accuse someone who's them,

00:41:08--> 00:41:10

the heirs inherit the right

00:41:11--> 00:41:23

the heirs have the right. So, only if you accuse someone who is alive and they decide to forego part of them, you know, and not demand

00:41:25--> 00:42:19

the punishment in this case it drops and if they die before they demand that no one wanted inherited, because it seems that the accused wanted to forego their right. So, no one would inherit that. So that is as far as the demand. Then there is another point that we want to make here about demanding, which is that cars in particular, a manga dude is considered happily, the Coachella at the end of the day. But cars in particular no handling fee hack, lab data, aka Rob novella fee. We give precedents, more weight to the right of the accused,

00:42:20--> 00:42:56

over the right of God in execution, certainly, we're not making parables between rights of God and the rights of people or between God and people. But here the right of the accused takes precedence over the right of God, which sometimes now is called in in in secular laws, the right of the state right. So, but the individual right will be given precedence here. Therefore, the individual can drop that even after the they go to court.

00:42:57--> 00:43:02

So, this is a habit that reaches the man and can still be recanted.

00:43:04--> 00:43:29

similar to this, but not all the way has had the sadhika as we will say, because for have this Sarita there has to be proverb there has to be a demand the made by the victim a demand made by the victim no club and no cutting off of hands without the demand made by the victim.

00:43:32--> 00:43:37

Unlike Xena right unlike herrada

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

were not made waiting for demand by the victim

00:43:45--> 00:43:49

because Xena you know who is willing to demand

00:43:51--> 00:44:08

but we're not waiting for demand by the victim Sarika we are waiting for them in class we are waiting for the man the difference between cathkin study apart is that we give a lot more weight in class for two How can a dummy because to the extent that they can recant retracted

00:44:09--> 00:44:10

after it goes to court

00:44:13--> 00:44:16

you know the but Sarika No,

00:44:17--> 00:44:43

they can if they demand that and the take the person to court and gets established in court that they can't retract it. Because once upon Abner ommaya said to the prophet SAW Southern man stole a garment, that safarnama you know, use the like a pillow who he made, he folded this garment uses as a pair of when a man snatched it from, you know, below has beneath his head.

00:44:45--> 00:44:59

And then, when the man was brought to the province of Solomon, he, the prophets of Salaam, decreed that he would be his hand would be caught off. safarnama wanted to forgive and the Prophet said, For Allah Allah

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

To answer it, and he had you only done this before you brought him to me. So sorry. You have to demand that once you have demand that it went to court, you were done. Okay.

00:45:14--> 00:45:18

Cards cars is a little bit different, you still have the right to drop it.

00:45:21--> 00:45:40

Yes, I heard there was a difference of data about the testimony after they forgive, or after they repetitive their testimony can be accepted in court below and some didn't. Yeah, because, you know, as we said, when I didn't want to be about

00:45:42--> 00:45:43


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

hubba when I came home, and fasciae cool.

00:45:56--> 00:45:58

Ella levina taboo.

00:46:00--> 00:46:05

Except, so the HANA fees, the HANA fees,

00:46:07--> 00:46:41

basically, and consistent with their also they made the exception except for those who repented from the last punishment mentioned the not from all. So they said that this there is an exception excluded from what I can infer upon the those who repented. But they did not say excluded from while I talk about hula hoops you had those who repented. They said that the exclusion is from the last segment of the punishment. So frangelico home

00:46:43--> 00:46:55

we did this while I talk about it, we don't have ever accepted our Shahada. This is this will continue forever. What are the economic facts econ and those are the first econ

00:46:56--> 00:47:13

lm livina taboo pertains only to this, except for those who repented pertains only to those are the fasciae code does not pertain to one or to a pertains only to three. That's the heart of is that you're more said except for

00:47:15--> 00:47:20

those who are evented is an exclusion from all three.

00:47:23--> 00:47:25

Oh, of course, they were already

00:47:26--> 00:47:29

flagged. So it would be an exclusion from

00:47:31--> 00:47:31


00:47:34--> 00:47:35


00:47:36--> 00:47:37

I think

00:47:46--> 00:47:49

because October 3 womanism became

00:47:53--> 00:47:56

kind of a zombie Commander bambara who

00:47:57--> 00:48:01

we will come to how the hanabi honeyberries are so

00:48:02--> 00:48:03

kind about this.

00:48:16--> 00:48:16

could be

00:48:17--> 00:48:20

further from one day.

00:48:21--> 00:48:21


00:48:24--> 00:48:25

So so yes.

00:48:28--> 00:48:30

So going back to huddle because

00:48:31--> 00:48:38

I don't want to miss it. Like if I miss something in the commentary is just remind me you have the commentary in front of you, you know.

00:48:40--> 00:48:51

Then the SEC said the one Watson had harder and better had Muslim in arkadelphia. The Muslim here is the chaste, sane, free adult Muslim. Okay, well, that is clear.

00:48:55--> 00:49:07

What if someone accused a child of fornication according to the Mazda hub, because this may not be clear here, according to the NAS hub, if you're a 10 year old boy or a nine year old girl,

00:49:09--> 00:49:13

boy, girl, and you're accused of fornication,

00:49:14--> 00:49:18

it will be binding the punishment

00:49:20--> 00:49:24

but you can only demand it when you reach puberty.

00:49:27--> 00:49:35

Okay, so if someone accuses a 10 year old boy fornication or a nine year old girl the fornication it will be binding

00:49:36--> 00:49:37

bind them.

00:49:41--> 00:49:45

That is that is not the authorized position in the naza.

00:49:47--> 00:49:59

Okay, if you ask us a 10 year old boy or a nine year old girl or fornication, the punishment will be binding the app they made the man execution only

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

They reach puberty

00:50:02--> 00:50:24

is a clear, you accuse a 10 year old boy for an occasion you accuse a nine year old girl, the fornication she cannot have, she cannot demand your flagging until she reaches puberty, the issue she becomes legally she has very good capacity to make the demand. But if you have accused her after she was nine,

00:50:25--> 00:50:33

and she's now 14, and she reached puberty or 12, or 10 and reach puberty, let's say nine.

00:50:34--> 00:50:46

And she already she already reached puberty, she can demand it now. She has not reached puberty yet. Then next year, maybe when she does she can demand it, and then you will be flagged.

00:50:47--> 00:50:58

Okay. Why? Because accusing anyone less than this is almost frivolous. You know, when you're accused, like a four year old child, it's almost frivolous.

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

That does not mean that you will not be punished, but it would be Gaussian discretionary punishment, but not the hard.

00:51:08--> 00:51:09

One if you use

00:51:11--> 00:51:15

basically an entire country of Zener

00:51:16--> 00:51:17

this will also be prevalence.

00:51:19--> 00:51:30

That does not mean that you will not be punished but it would be easier because like who in the right mind would believe you if you accuse an entire country of Xena

00:51:35--> 00:51:40

What if you ask us our people you know accuse someone

00:51:41--> 00:51:48

and say to him, urs Annie, and your ancestors are all xanies all the way up to add them

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

well, they used to do this

00:51:57--> 00:51:59

you know which which shows you that sort of thing.

00:52:02--> 00:52:03


00:52:06--> 00:52:08

Sometimes I want a job could be

00:52:09--> 00:52:17

you know, one of the worst types of a job and usually the it's it has to do with sexual behavior. It's

00:52:20--> 00:52:21

the worst

00:52:23--> 00:52:26

poetry and I believe as you have no idea.

00:52:27--> 00:52:35

You have no love to handle Camaros or pattonville Yamato but if you had a really miserable home run higher on the docket and Essman

00:52:36--> 00:52:38

vitamin hodi hotter either

00:52:40--> 00:52:47

Fabi sukru karma Isla Fiat according to arbiter theory of economic thought so in Qatar

00:52:50--> 00:52:51

men Cameron y&z

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

so basically he just destroyed like, destroyed his father and mother. Yeah.

00:53:01--> 00:53:04

So he's he said that, you know, your father was

00:53:05--> 00:53:11

he? Yeah, yeah, your father had to surrender his supply. He said, his rosary needs,

00:53:13--> 00:53:16

to the liquor, to the sort of

00:53:18--> 00:53:20

water kamar is the bartender I guess,

00:53:22--> 00:53:26

to use it in counting glasses of wine.

00:53:28--> 00:53:38

And then he kept on eating pork and drinking wine until he became intoxicated, and then proceeded to your mother who

00:53:40--> 00:53:42

bleeds all the time or like

00:53:46--> 00:53:47

it's just like his.

00:53:49--> 00:53:55

Anyway. So if someone says this, you're you're all the way up to

00:53:57--> 00:53:59

what what? So what's the punishment to

00:54:00--> 00:54:27

them? It doesn't seem like it's very, you know, it's not like they're doing it with malicious intent, or malicious, but it's not really defining what counts for one, it will count for one cause. So your immediate ancestor who would country immediate ancestor, everything else would not count for them. And it doesn't count for Adam, of course, because on the home value must have the cost of any profit

00:54:29--> 00:54:30

is less penalty

00:54:32--> 00:54:40

the cost of any Prophet, his wives or mother is a death penalty.

00:54:41--> 00:54:43

Every vocable has

00:54:44--> 00:54:53

not all them as I have but I think it's the majority. But I'm very mindful of is every vocable death penalty, even if your event

00:54:57--> 00:54:58


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


00:55:00--> 00:55:02

So if someone says Adam,

00:55:03--> 00:55:17

then in the Hungary meth lab in the heart differ This is death penalty, not flagging at times. But if in this particular context, he said your ancestors are all up to harden

00:55:19--> 00:55:21

anyway, so, he says here

00:55:28--> 00:55:56

what what if he accuses a non Muslim of fornication there will be discretionary punishment. So, whenever you are missing part of the definition here of the masan there will be discretionary punishment. Well huduma pedophile Marina what are the likewise the one who accuses a woman involved in their own or her child will be punished by the head of cars

00:55:58--> 00:56:07

on cosafa Jana B Kalimantan, wahida for hadoo I had so so if el Medina you know, the woman who was accused by her husband

00:56:10--> 00:56:12

and the went through that and

00:56:13--> 00:56:22

when I Anna's reputation should be there after protected forever, no one can say anything about her

00:56:27--> 00:56:34

because she went through it and she took the five O's and if she took the five volts, you cannot

00:56:35--> 00:56:41

you cannot accuse her or her child will be punished by the heart.

00:56:44--> 00:56:45

Of course,

00:56:46--> 00:57:15

women can often be Kalimantan wahida for have done well, Eva tolerable away hidden men home for an alpha about the hula Moscow taco viry whoever wrongly accuses a group in one statement will be punished once if they are one of them demands it if some of them pardon him, the rights of the others are not relinquished or not relinquished.

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

So, if you make plans,

00:57:20--> 00:57:34

like a large number of people, but not like a whole country, because the whole country, everybody who hears you knows that this is prevalence. But if you say to 10 people, you're zona

00:57:35--> 00:57:36


00:57:38--> 00:57:42

and it is kalama Heather, you are such

00:57:43--> 00:57:46

a fan. Each one of them has the right

00:57:47--> 00:57:54

and if some of them forgive you, the rest will have the right to applying hard against you.

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

So it is

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

not a diverse it is not

00:58:01--> 00:58:05

many hats. It is a single hab but the right to ape

00:58:06--> 00:58:11

is granted completely granted to each one of the akyuz.

00:58:13--> 00:58:20

What if you have 10 people and say to them, you are and you are and you are and you are

00:58:21--> 00:58:26

you would have 10 HUDs 800 times you will be like

00:58:29--> 00:58:30

20 people

00:58:32--> 00:58:35

just endless 1600 flags.

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

And so

00:58:42--> 00:58:52

we talked about how to before and we talked about if someone cannot handle it, we will try to figure out a way to punish him without getting him to remember this.

00:58:54--> 00:59:05

So you bring 100 shoots and you put them together and you strike once in stuff if they will not be able to handle it. So you have to figure out how much they can handle.

00:59:08--> 00:59:11

The 100 shoots you bundle them up.

00:59:16--> 00:59:21

Yes. 1234. Yes. Yeah.

00:59:23--> 00:59:31

I think that brings us to the end of hottel Pass. Did I miss anything on how the class Okay, good.

00:59:33--> 00:59:36

stuff here too. We like to take a five minute break.