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FQP19 Fiqh of Penalties – Hadd for Banditry

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Hatem al-Haj

Channel: Hatem al-Haj

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Episode Notes

Episode Transcript

© No part of this transcript may be copied or referenced or transmitted in any way whatsoever. Transcripts are auto-generated and thus will be be inaccurate. We are working on a system to allow volunteers to edit transcripts in a controlled system.


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Hello Hello Osama Rasul Allah, Allah Yosef me I'm going

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to proceed.

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inshallah today it is my intent, my intent to finish the three chapters at the end of the book on Hadoop, and these would be

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first one is bipod the Mojave

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The second one is bad Patel Bobby.

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And the third one is Bob Pokemon more.

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So, Bob the chapter

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on

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the hub or the penalty

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for the bandits, highway man

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apartado sometimes they call them also Cotabato had the potahto or have the mojarra been bandits highway man. The second is that chapter

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on

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fighting

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rebels and sarjan rebels

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fighting the insurgent rebels. The third is the chapter on

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the ruling and pay attention to the US He did not say the had he said the ruling of the apostate.

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So, in sha Allah, we will attempt to finish the three chapters if I couldn't then we will.

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Or the last one until next week, and to do it before we started the book on jihad, Allah.

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So all our interesting topics

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in the Mount Rushmore line his book at Ananda, which is a Hanbury primary manual of

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sad that had the mojarra been a chapter on the hardware penalty for bandits. He said wahama levina oredo nasty fissara Jarrah Li Hua Zhu Amala home they are those hope in the intercept people in the desert to seize their property. There are they are those who open the intercept people in the desert to seize their property. Okay, so mojari been bandits highway man.

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Allah subhanaw taala says in the Quran intimate is all of you know how to one Allah Allah so Allah that's where have you been came from? You had a boon Allah Rasool Allah who in damages that will Lavina Johan Allah Allah as well as our photographer sada yo cataldo, Salah boy Takata it more gentlemen, we own film in a lot. So it verily the recompense for those or the punishment for those who will fight against Allah His Messenger, fight against the lion, His Messenger

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and spread corruption on Earth. So whenever the ad fissara spread corruption on Earth, that they be killed, crucified or crucified, or have their arms and legs cut off from opposite sides or be exiled.

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This is

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an economically for them in this life and in the Hereafter they will have a

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greater tournament.

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So that's where where this comes from, that is hard and mojarra been in the Quran. So how do we know that these are Muslims and not non Muslims fighting Allah and His messenger?

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Because of two things, lol Athena top woman coffee and taqdeer Allah, Allah and Allah for Rahim except for those who repented before you were able to subdue them. They know that Allah is oft forgiving golf merciful, so you don't have if they repent before you subdue them, you don't punish them. So what if the mohareb who is non Muslim repented?

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What if the Mohammed who is not Muslim repented after you subdued them not before?

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Like what if you

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defeated the the enemy?

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army

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do you apply the punishment that

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them, now you don't, there is no punishment for them. They are warriors, you defeated them, then you apply the international law as per, you know, the Islamic teachings, whatever that is for a moment and Babu in Africa or you know you have the ruler have the four options that we've talked about before. And that is basically that's for the war criminals

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or ransom or pardoning

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or just, you know, okay, so that's exchange ransom pardoning. These are the four options. That's, that's ransom exchange, pardoning. These are the four options. So this has to be about Muslims, because Muslims are the ones who are punished, they who are the ones who are subject to the Islamic legal code.

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If they repent before we subdue them, if those bandits repented, before we subdue them, then we don't punish them.

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Can the state reserve the right to some form of punishment? We talked about this before? If the heart is not applicable, can state still reserve the rights to controversial issue? controversial issue.

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But we said that there is no way that the modern state will not reserve that right. And that is why, even during, you know, the fifth and sixth centuries and so on, they started to recognize that in order for the state to preserve its high

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integrity, it's all the state will have to reserve the right to punishment if the heart is not applicable.

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So, so that's basically the the basis of this hub in the poor and now with the map, Kodama says,

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they are

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those who open the interceptor people in that desert to seize their property desert

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of a Sahara fissara. So, this habit is applicable only if they are in the desert. The idea here is the idea here is

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eligos.

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Can they fight can be basically get rescued, rescue, sorry.

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In the Sahara, you can't really get rescued. So if you know if there are those bandits, when they intercept caravans and travelers and the Sahara, those travelers have no way to find the house.

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So, some said it is about us, regardless of the Sahara or not, regardless about sovereign. In other words, if you are in a society like this, and someone attacked you, you could always there were there there are there is police there, you know, so, you could find you could get rescued.

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But when there is this order and chaos, and bandits start attack people even in their dwellings, they will still be considered the bandits, according to according to the Maliki's Shafi eyes and the authorized position and the hanbali madhhab which is not the position that epidemic codes here. The authority position embodiments have means what for us, according to the latter generations, because Kodama is most of us from the middle generation, it is actually one of the examples of a method of making a complete U turn.

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Because, according to the amount of a hanifa, it has to be in the DESERT. Desert, according to the middleham berries.

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Did we not say before that when it comes to the middle ham bellies, if not for them, and if not, they may or the grandfather agreed on a position that is the position of the mother.

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They agreed with the canopies that this applies to the desert, not that weddings, not the city.

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You know, the weddings can applies to bandits, intercepting people out cyber

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City

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you could say the desert jungle, you know, it doesn't have to be desert they are using their own. But if you can say like jungle

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versus desert, I think they would be flexible enough, you know, to recognize that, you know, there are different sort of

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topographies out there, or different environments out there. So anyway outside the city limits, so that made that happen. Belize agreed with the HANA fees, it applies outside the city limits.

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The Maliki's and shaft is the ladder ham bellies completely made a U turn. So you'll find that UK now on a Montana agreeing that it is in Sahara and bonyen in the desert or that wellings City dwellings

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it doesn't it's either or. So that is a matter of making a complete U turn between the Motor City and

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the motor figurine or the metal and the latter generations. The middle generation agreed with the Hanafi is it's only the desert or you know outside the city. The latter generation. They said like the magic is in Jaffa is it depends on your ability to get rescued. So if there is this order and chaos and people attack people in their dwellings, they the Maliki's and Shafi say, this is an a4 sheet II argument that is even more dangerous than the people who enter except people outside, you know, because caravans usually are prepared for this, and so on. But if you're sitting in your own home, and you get attacked by bandits,

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then that that is an a4 sheet or analogy. Okay. So that's the first thing that we wanted to discuss. Now.

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Certainly, these issues require flexibility, and they require basically consideration of the public.

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Of course,

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the sheikh said from Qatar I mean homework as a man caught it was all they had.

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Were the mafia you know, actually, those who commit murder and seize people's property must be killed and crucified until their punishment becomes well known. Afterwards they are their bodies will be given to their families. Where, man khattala What am Yakuza man putting out a meal slub those who kill but do not unlawfully seize property must be killed the buck should not be crucified woman alcohol marijuana marketed quote yada yada yada now original adios Rafi mccammon wowhead wa Hirsi matter, while Jaco l m and akadama yocto. Sorry to be

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those who seize property unlawfully but do not kill must have the right hand and left leg or left foot are more precisely amputated in one session. And cauterize Jose Mater cauterized.

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Now one should have his limbs amputated unless he steals an amount that meets the threshold for cutting the hands of the thief.

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Membership said woman I have a severe while I'm yocto aka melon nofima. Lord, those who frighten the wayfarers but do not kill or seize property should be exiled, should be exiled. Where is this all coming from? The Quran does not say that. The Quran says it you can tell how user level how to cut ID Mr. Jerome and how your informational or or or or there are punishment for those who find a lot in his messenger and spread corruption on earth is to be killed or crucified or have their hands and feet cut off from opposite opposite sides or exactly exiled.

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So eppinger bass is the one who says

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it is not let the here it is less than we are. It is not he didn't say that, you know, but I'll tell you what he said. He said that it is not to give options. But basically, to give

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sort of a variety of rulings for a variety of circumstances or a variety of scenarios, because banditry they don't all do the same thing. They could do different things. So I have a vast rahimullah interpreted this the main man katella

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What happens when a man

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puts in

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whoever kills and takes money sees his property unlawfully. Well, it should be killed and crucified. And when he said, woman katella

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while I'm here was

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a man

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go to our club

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so Portilla while you're slow,

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woman, after well malaba

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call TRT who wanted to know Coco Dr. Dr.

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Mengele

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or Katia mansilla whoever takes money takes property unlawfully but did not kill will have his hands and feet cut from opposite sides

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that his right hand left foot right hand left foot

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What if he

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will come back to it and then Mr. Bass said my man a half a Sabine

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however, causes frightens people and causes you know

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insecurity and

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but did not kill or take seize property unlawfully should be exiled no fear should be exiled.

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So four different things

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you can take money you get two punishments out of the four you get killed and crucified until your your affair becomes known to people and that is for deterrence. And then whatever kills and does not

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take money they get killed but not classified.

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Whoever takes the money and does not kill they get their hands and feet cut off right hand left foot cut off from opposite sides right and left whatever causes you know insecurity and frightens people but does not kill or seize property I'm hopefully they will be exempt now they will be exiled so people who will have to think you know exile nowadays is like you know so if you say to someone for like if if you want to apply this in Egypt for instance Okay, we will exalt you We'll send you to Italy

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Yeah, I guess most people will welcome that I mean if you if you're able to basically secure a visa for them.

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So is this could nowadays be imprisoned? Because if you exiled them I mean with anxiety you will exonerate Saudi Arabia make harder anomala is not going to work but they said exiled with everyone should be exalt to a different area so that they don't regroup and stuff like this, which tells you how

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dramatic that punishment was in their times you know, to be to be sent away

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to be exiled It was very severe punishment.

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So these

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are these

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are

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scenarios where

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Yeah, cut XML if offered Sabine.

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And certainly you know, calcula is not toxic. So, Allah and enough siani will

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so attacking people attacking their women, their honor, or attacking of their their body. But when it comes to attacking given that is short of killing, short of killing, it is not a hard anymore, it becomes a pithos it moves to kiss sauce. So if someone in herrada if if a bandit attacked a caravan and instead of getting someone they cut off their hand,

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what's the punishment for this? They did not. They did not take money. They just cut off their hand. What's the punishment for this?

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This loss is equal to retribution.

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Equal retribution. The hard to pull back

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will be canceled. There is no datum here it is not a binding punishment like had because uncover rape and banditry

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it is not precise. You can't pardon them, you know, the victims cannot pardon them. Because it's a hard that's a fixed penalty.

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But if it does not reach the level of if it is not one of those,

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then it becomes a different type of crime. It becomes a different type of crime.

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You know, Caitlyn and aquapel mal, and if after Sybil, that becomes a different type of crime, and in this case, he will apply the default, which has equal retribution pithos.

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Yes,

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maybe you've come across people that

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include, for example, rape and drug dealing,

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as

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well, you can you could include it depends on the context here.

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Rape per se is not considered Hurghada. But unless you have a group of people using force, where there is no rescue for the victim, then you can apply the same rules of Hurghada. So it is a group of people using force there is no rescue. So it is like the outskirts of the city. There is no rescue, and they used force and it is a group of people and raped a woman. You could apply her robber in this case.

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Well, we're not saying it we're not saying if it is one person it's not a crime. We're just saying it is not banditry, because banditry has to be banditry. You know? Yeah. It's a bad yeah, banditry, but it is a crime. Of course it is a crime. But it is not necessarily banditry,

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drug trafficking. That would be basically,

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you know, flexibility, I guess.

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I would say some people may say, you know, it would be a controversial issue, you know, it will be something up for discussion, whether that would be included or not in banditry. If you want to be more flexible, and say that this meets the sort of the purports of the Quranic teachings, or the instruction concerning herrada, that these people are actually in fact fighting Allah and His messenger and spreading corruption on earth, and not bind yourself to the technical definitions of the haha.

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You could say that, but so people like drown countries with

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you know, drugs and things of that nature. Are they so one of the RV persada? Are they spreading corruption on earth?

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Is it organized crime. So if you want to have to basically go a little bit higher than just the technical definitions to more abstract thinking and sort of the more mikaze type thinking, the this, this is organized crime, spreading a lot of corruption and ours and so on. So I'm not opposed to that line of thinking. I'm just saying that it isn't based on the technicalities of the definitions that I had given.

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It's controversial.

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Human Trafficking,

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human trafficking, you know?

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Yeah. So you have

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the concept here is that you are going to a higher level of abstraction. So you're saying that banditry is about

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the organized crime

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and spreading corruption.

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And when this when these two come together, you know, it is a form of robber fighting along his messenger and spreading corruption on earth by organizing yourselves and

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like the bandits, the bandits, you know, are groups of people that come together to spread corruption and to intercept caravans and so on.

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So it requires a little bit more flexibility and we will talk about, you know, the concept of,

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you know, how much when we come to talk about Patel

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Wherever you are fighting the insurgent rebels and we talk about you know the vomit happening for Islam and

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Islamic system of governance or whether Islam provides any guidance when it comes to systems of governance and so on, we'll talk about the difference between about that and how the yet and how much flexibility can we basically cultivate and rulings of

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our the or worthy affairs

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Okay. Then this is basically the answer from Abdullah Abdullah bass, that we are going by to interpret out or in the area, it is not giving people options, but rather are diversifying the punishments according to the diversified scenarios.

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Then the shake said, woman taba, Kaplan karate Allah, He sakata tanto de la, I want you also to understand the flexibility to understand the flexibility.

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Here, I want you to also

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recall that the prophets are seldom applied have that herrada

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to the people who kill the,

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the is like the caretaker of cameras, can you call them a shepherd, I guess you can, whatever. So that there is like, there's probably a word for caretakers of camels, so that that can take care of camels or you know, when people came to the Prophet sallallahu Sallam and they fell ill because of the environment of Medina and he sent them to the caretaker of the cameras of Baden mal outside and they killed them and ran away and the prophet SAW Salam caught them and a prophet SAW Southern applied had that Hurrah baptism.

00:27:05--> 00:27:29

So was that technically just like, What the fuck, talk about people who intercept others in the desert and so on? It's not exactly the same. So can there be a room for flexibility and to basically bring into the fold of herrada some other scenarios where there is organized crime and

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use use of force organized crime and spreading corruption on Earth, like

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crimes that cause great harm to societies insecurity and harm to societies. There may be some room here for flexibility. And this was a discussion in Egypt some time ago, particularly about rape, where people that are completely secular, we're all you know,

00:28:05--> 00:28:06

sort of

00:28:07--> 00:28:19

up for applying had that herrada which tells you that people are usually bias that it just depends on their interests. I mean, if you're a completely secular

00:28:21--> 00:28:50

Why are you so fond of like hard punishment when you are completely opposed to the hadoo it's time to remember now that there is a hard and then they they asked for it, they asked for how the Hara better be applied to rapists. Because those people they also have their sort of Eastern inclination, you know, like protective of their or Arab and so on.

00:28:52--> 00:28:56

And they figure that yes, that would be a good habit to apply.

00:28:59--> 00:29:00

Anyway.

00:29:02--> 00:29:03

Then

00:29:04--> 00:29:05

the SEC said,

00:29:07--> 00:29:31

woman tab a couple of cuadra de la Sokka, Panama todo la we're only there Bianco can add me in II. Ella and your fellow ohana. So if one repents before being subdued, when has had the punishment that is due to Allah is dropped. He is still accountable for the rights of the people unless they pardon him.

00:29:48--> 00:29:53

Okay, and this is actually pretty interesting. Why? Because

00:29:55--> 00:30:00

you will find that this is the Hanbury position. It is also

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Shafi possession By the way, but there are two reports within the herbarium the Safa email serves

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

about this

00:30:10--> 00:30:22

it seems that the stronger report supports this position that the the Magna Carta talked about here, which is if one repents before being subdued then has had punishment

00:30:23--> 00:30:24

that is

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due to Allah is dropped he is still accountable for the rights of the people unless they pardon him.

00:30:37--> 00:30:44

This he is not talking about huddle herrada only he's talking about all the Hadoop

00:30:45--> 00:30:51

So, what does subdued mean here when it comes to the other Hadoop

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subdued here means to have to be convicted in the court of law

00:31:02--> 00:31:05

when it comes to the other dude, when it comes to her robber,

00:31:06--> 00:31:25

these are bandits. So subduing then be meaning like really subduing them like you know, but when it comes to the other dude What does subdue them what is subduing them mean here the Prophet sallallahu Sallam

00:31:26--> 00:31:31

said the alpha 100 female beynac confirmable and even had fuck Eduardo

00:31:51--> 00:31:56

okay. So part of them each other concerning the Hadoop part and each other

00:32:03--> 00:32:04

concerning

00:32:05--> 00:32:07

the Hadoop

00:32:09--> 00:32:11

for whatever

00:32:15--> 00:32:18

whatever it gets established before me

00:32:22--> 00:32:25

before me will be binding

00:32:28--> 00:32:48

whatever reaches me literally will be binding It is booted hochma it is when it is established in the court of law. What does that mean? It means according to the hand bellies and according to the shafa is also in that possession of theirs which you know arguably is the stronger position

00:32:49--> 00:33:02

that if you repent from any had the crime before the conviction is established in the court of law there's no hard anymore Scott is gone

00:33:05--> 00:33:14

it is quite interesting because you could be arrested but and repent and that's it how disrupt

00:33:17--> 00:33:23

and when you claim that you repented we will believe you when you say I repented will believe it

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happened

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before it's established in the court of law

00:33:34--> 00:33:35

Yeah.

00:33:37--> 00:33:53

So So booted How come you know the hot mess established? So once it comes to that judge in the court of law, it is not any more droppable but Allah subhanaw taala says on the top and bounds on me ha ha ha

00:33:54--> 00:33:56

ha final law of order Rahim

00:33:59--> 00:34:00

right

00:34:10--> 00:34:11

that is after I had this setup.

00:34:17--> 00:34:18

Oh no.

00:34:20--> 00:34:23

It was it was only about a foot of rain.

00:34:29--> 00:34:39

Okay, well it's not a conservative pocket all ideologies and democratic I don't know why Allah was even Hakeem permintaan bardzo me he was in Allah to Allah and Allah before of Rahim Yes

00:34:41--> 00:34:44

guys look it up. Well Circle Circle

00:34:45--> 00:34:54

be Mecca savannakhet I'm gonna lie Allah came from turban body from yourself and Allah to Allah and Allah for Rahim and entitlement. Allahu Monica sumati are the article

00:34:56--> 00:34:57

below Allah Collegium curry.

00:34:58--> 00:34:59

Okay, all right.

00:35:08--> 00:35:11

I've been talking about putting yourself in a light water in a lot of water right?

00:35:12--> 00:35:33

The prophets are saying I'm also so whoever repents after his aggression or after his wrongdoing and reforms, Allah will turn back to him in forgiveness. Allah is Forgiving and Merciful and then attacked a woman a zombie commander Zambada who

00:35:35--> 00:36:26

come on November. Now, hand over hand buddies and Jeff is among lumber. No buddies in Java is will use this also to say that whoever repents from his sin is like one without sin. And they say that this is not only like the HANA fees, and Maliki's would like to say, it is not only about the punishment, and the year after this is also applicable to the punishment in the dunya so why is it that after the booted hochma, after the Harkness established conviction established in the court of law, we don't drop the punishment because of this from American even had been factored Roger. Whatever reaches me whatever is established before me, it will be binding.

00:36:27--> 00:36:28

So

00:36:29--> 00:36:31

before this

00:36:32--> 00:36:36

repentance from any had not only chapati

00:36:39--> 00:36:41

when dropped the hat.

00:36:44--> 00:36:47

And you only need to say that you repented.

00:36:49--> 00:36:54

In fact, they make it a point to say and he doesn't have to reform

00:36:55--> 00:37:12

like only repentance, because in the IR and sporatic, neither about the CIF. It says from top and bottom he will ask the hurry form rectified his affairs, you know and so on. So in in the mouth have they say that he doesn't have to reform.

00:37:13--> 00:37:25

It is not like they are trying to defy Allah and His teachings. But they're saying that at Toba, as the Prophet sallallahu Sallam said, is sufficient

00:37:26--> 00:37:33

for us, that attacked a woman when became 11 but oh he repents from his sin is like one without sin

00:37:34--> 00:37:45

is sufficient for us. As then it is between him and Allah subhanaw taala to rectify his affairs, so that he will actually truly be saved in the hereafter.

00:37:48--> 00:37:56

So this is an interesting position on the shaft, I am very messed up. And I as I told you, that cut off here

00:37:57--> 00:37:58

for the herrada

00:38:00--> 00:38:01

is to subdue them.

00:38:03--> 00:38:09

The cut off here for the rest of the Hadoop is to establish that conviction in court

00:38:12--> 00:38:14

to get to the judge,

00:38:16--> 00:38:17

to come to the judge.

00:38:19--> 00:38:22

Prior to this, they can repent and had to withdraw.

00:38:26--> 00:38:30

So now, how are we going to do this?

00:38:31--> 00:38:35

That's like another way to mitigate that.

00:38:37--> 00:38:52

Another way to mitigate the heart you arrest they repent has not been established, you know, people catch him, catch the thief. And he says, I repented, then you can prosecute him

00:38:53--> 00:38:56

or her but not for the heart.

00:38:57--> 00:39:38

You know, as we talk to heart said before the state should preserve and it's controversial, but this is what I believe to be necessary. Nowadays, the state has to preserve the right to apply other forms of punishment, if the had is not applicable, because we did not treat to the evidentiary standard for the hat or because of something like this. he repented. Chavez embodies Chavez in the stronger position somebody is in the stronger position. Well say shafa is in a stronger position. Arguably, Hamburg is in the stronger position. Definitely. When say

00:39:40--> 00:39:44

hardest drugs. There is no hard for someone who defended

00:39:47--> 00:39:59

them the SEC said the first woman or a woman you read out of the level. Man you read when upset oh man oh Halima who

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

Mohammed Ali is our deca diamond Zilla who will be very Isn't he thought I would ever will be s haleema your alum who ended up to be the enemy and definitely a lot because he knew who they were in cotulla Daffy of our Shaheed wa t bahmani. subsection, if one is ambushed by someone who wants to take his life property or women,

00:40:25--> 00:41:04

or who threatens him with a weapon or enters his home without his permission, he is entitled to deter him by the lightest deterrent, that will stop him if nothing less than killing will deter him, then one is entitled to kill him without incurring any liability. If the one defending himself is killed, he is a martyr and his killer is held liable for getting him his killer is held liable for getting him now, what is this called?

00:41:06--> 00:41:10

Of course f9 is here he knows stand your ground, right?

00:41:11--> 00:41:17

How does this how does this relate to stand your ground versus Castle Doctrine?

00:41:18--> 00:41:22

So, Castle Doctrine is basically when you're in your home

00:41:24--> 00:41:28

versus stand your ground islamically it is stand your ground and art Castle Doctrine.

00:41:29--> 00:41:31

The duty to retreat

00:41:32--> 00:41:42

is not there is no duty to retreat even in public islamically you know, some of the states have the stand your ground laws.

00:41:46--> 00:41:58

And some of the states have their Castle Doctrine, laws. And the difference between them is mainly about where you are in public places.

00:41:59--> 00:42:05

According to Castle Doctrine in public places, you have the duty to retreat. If you can retreat safely.

00:42:09--> 00:42:11

You don't have that duty in your home,

00:42:12--> 00:42:19

someone breaks into your home you don't have the duty in your home islamically it is stand your ground all the way.

00:42:20--> 00:42:43

However islamically It is very considerate also of the rights of the attacker. Because and also in in in modern laws they do actually mention this the asshat man if your ob you use the lightest force necessary to determine lightest force necessary to variable up to deadly force

00:42:44--> 00:42:52

but it is basically using the lightest force necessary to determine up to deadly force.

00:42:53--> 00:42:58

So it is stand your ground with this caveat that you know

00:42:59--> 00:43:04

you know you're using the lightest force necessary to deter them up to deadly force.

00:43:06--> 00:43:11

Now, now the attacker wants your life or body

00:43:14--> 00:43:17

Your Honor, let's call this woman

00:43:21--> 00:43:22

your property

00:43:26--> 00:43:28

says A man came to the prophet SAW Solomon said to him

00:43:30--> 00:43:31

are either in

00:43:37--> 00:43:38

I in

00:43:41--> 00:43:58

Nam in attorney Raja family or followed by Maria Pilati don't give it give your money to him. He said the writer in catellani what do you think if he fought me? He said fight him are either in

00:43:59--> 00:44:13

catellani So what do you think if he killed me? He said to him, you're a martyr are either in Palo Alto, what do you think if I killed him? He said he is an n phi in Delphi COVID now

00:44:15--> 00:44:22

so that's the basis of of this, even when it comes to property, which is the lightest thing that you have to defend

00:44:24--> 00:44:29

lightest thing that you are entitled to defend or that you have to defend

00:44:30--> 00:44:32

that you're entitled to different

00:44:34--> 00:44:35

in the madhhab

00:44:36--> 00:44:37

these three here

00:44:42--> 00:44:48

so here it is you here it is someone else.

00:44:50--> 00:44:50

Okay.

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

So your life,

00:44:55--> 00:44:59

your life, someone else's life. Someone is attacking someone else.

00:45:01--> 00:45:05

Someone is attacking your women, someone is attacking someone else's women.

00:45:07--> 00:45:10

your property, someone else's property.

00:45:13--> 00:45:16

If someone is attacking your life,

00:45:18--> 00:45:19

there is one caveat,

00:45:20--> 00:45:21

which is that he asked me,

00:45:23--> 00:45:30

if you are completely certain that you cannot deter them, that you will be sort of overwhelmed.

00:45:33--> 00:45:34

One of the Musharraf in Egypt

00:45:36--> 00:45:48

said this, and everybody sort of attacked him, including Christians, you know, because like, there were Easterners, and you can't say that And anyway,

00:45:50--> 00:45:51

but at any rate,

00:45:53--> 00:46:17

so in the Mazda in the Mazda, when you're when you when there is no hope that you can deter them, you do not have to fight. You don't have to stand your ground. If you lose hope, no hope, it is not, when you think that you most likely will not be able one, because it is where they have to the telegram

00:46:18--> 00:46:22

that where they will not be basically

00:46:24--> 00:46:47

revoked or will not be lifted. Just the baizen or even irrelevant one, most likely I will not be able to. But if you are certain, now you have 10 people in arms and you are alone, unarmed, I mean, you should be certain that you can basically deter them.

00:46:49--> 00:46:54

So that is the only caveat. Now. We don't have that. Yes.

00:46:56--> 00:46:59

Then what is what is obligatory on us here?

00:47:00--> 00:47:03

Okay. property

00:47:04--> 00:47:05

is your property.

00:47:08--> 00:47:09

You are

00:47:14--> 00:47:15

you may

00:47:17--> 00:47:18

you're entitled

00:47:23--> 00:47:24

property of someone else.

00:47:26--> 00:47:27

You may not

00:47:28--> 00:47:29

you're not entitled

00:47:31--> 00:47:34

in the matter, if someone is basically

00:47:37--> 00:47:39

taking the property of someone else.

00:47:41--> 00:47:44

You should detect that the the the attacker

00:47:45--> 00:47:52

unless you fear not only for your safety, but the safety of the attacker.

00:47:53--> 00:47:59

Because this is not about money. This is this is this is this is about money now.

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

So if you have an attacker,

00:48:03--> 00:48:04

if you have someone

00:48:07--> 00:48:10

that is basically taking someone else's property,

00:48:12--> 00:48:23

can you deter them without killing yourself or killing the attacker? Can you just push them away? If you can push them away? You should push them away.

00:48:25--> 00:48:35

If you can't, and you fear that this may result in your death, or their thus, then what do you do?

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

If

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

you leave them it's just about money. Yeah.

00:48:44--> 00:48:46

What if it is about women?

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

You must you must

00:48:52--> 00:48:59

must defend must defend must be terror must deter the only exception with still there is that exception.

00:49:00--> 00:49:10

You're you're certain that you will it will not work you will kill yourself and you will not be able to defend anyone or protect any honor.

00:49:12--> 00:49:14

What if it is life?

00:49:16--> 00:49:16

You must

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

you must

00:49:21--> 00:49:31

so you only you don't only have an obligation to deter the attacker from yourself but from others as well. When it comes to life and honor

00:49:32--> 00:49:34

was the only caveat of iasts

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

when it comes to property,

00:49:39--> 00:49:45

your property you may you're entitled, it's not you must.

00:49:46--> 00:49:50

You could leave it and sometimes it's smarter to leave it.

00:49:53--> 00:49:59

You're someone else's property. You're not entitled. If you fear

00:50:00--> 00:50:05

For your safety or the deterrence will require

00:50:07--> 00:50:21

you know, hurting the attacker in some way that like cutting off their lamp or killing them or something of that nature. That is basically the Islamic stand your ground according to the Hanbury Mazda

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

that's

00:50:26--> 00:50:27

the matter the woman is looking

00:50:29--> 00:50:30

for somebody else

00:50:37--> 00:50:38

you know if

00:50:41--> 00:50:43

people who have the our Zima

00:50:45--> 00:50:49

say they have the rights of Muslims.

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

So, you could say that that would not apply to how to be of course, women but that applies to

00:51:02--> 00:51:10

and applies to people who have our covenant whether they live with us or we live with them, but under a covenant

00:51:14--> 00:51:21

then the she said woman's Allah tala he but he met a fella who definitely have the nice leisurely koala manaphy

00:51:22--> 00:51:30

whoever gets attacked by an animal is entitled to deteriorate similarly without incurring any liability.

00:51:31--> 00:51:37

That by him Hema, or someone who's insane or something else, or even a child

00:51:39--> 00:51:42

if you know if it's an arm child for instance,

00:51:45--> 00:51:49

if it is someone who's insane, if it is a Hema

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

you you basically have a right here, you know, your yourself has a right on you. You have an obligation to yourself to protect yourself

00:52:06--> 00:52:11

islamically it is binding on you to protect yourself, as you know.

00:52:13--> 00:52:27

Then, the next one is woman a toffee daddy inserted in our beta HeMan kasar syllabub or it's because I sit here I think it is catharsis Bab in most of the manuscripts singular

00:52:29--> 00:52:36

Amanda Tanaka in Santo bitumen kasasa Bab al nahi hoga who behati FACA Ayana, who falada Monterrey

00:52:38--> 00:52:40

if someone piers

00:52:41--> 00:52:58

into a person's home or sleeping quarters through a hole, or crack in the door, and that person throws a pebble, pebble at him, knocking out his eye, he will incur no liability.

00:52:59--> 00:53:10

You know, this thing's in perspective here. The hobbies and Maliki's say that you need to give them a warning First, the shaft his or her buddies don't require that.

00:53:12--> 00:53:32

So you could poke their I was something sharp or throw a pebble, like a sticker. I mean, if but hanafy isn't magic, he's are saying that you ought to give them a warning first. Because they if that is if that will stop them from this aggression.

00:53:34--> 00:54:02

It's a it's aggression to be or into people's homes, you know, and then basically see that rotten stuff. That's a form of aggression. So the Haida shaeffer is embedded in the base, Arsalan Parramatta Rafi de v very common African halala how many of kawaii now, behind me as an advocate Hello, my name is Karina whoever will look into the people's homes or appears into people's homes without their permission. It is permissible for them to

00:54:03--> 00:54:04

knock out his eye.

00:54:07--> 00:54:12

So you throw them or like if they are looking through

00:54:14--> 00:54:15

no

00:54:16--> 00:54:17

stab stab their eyes or

00:54:18--> 00:54:19

whatever.

00:54:22--> 00:54:30

But like I said, uncertainly, you know, to see all of this stuff you need to basically review the local laws and stuff like

00:54:33--> 00:54:44

she's talking about the HANA fees and Maliki's interface and ham bellies here. So but 100% Mark, he said that you have to give them a warning first and if they don't, if that does not deter them, then you have that right.

00:54:46--> 00:54:59

Then she said and that's the last part in this chapter. We're in other in Santa Monica who fantastic I have a socket with Anya hufa manaphy. Likewise, if someone bites another's hand and that person pulls

00:55:00--> 00:55:47

His hand that way, causing the biters teeth to fall out. There will be no liability for the one who was bitten. So someone is biting your hand and you pull your hand even fours, even with harsh fours. And then that gets there, you know, pulls their teeth out. You're not liable. The Act case like this was presented to the prophets of Salaam and he saw the outdoor hado comida. He can i Abdul fan, led the Atala who. So someone, the same thing that he's saying happened they presented the case to the prophets of Salaam. And he says like one of you bites his brother's hand like a camel with bite.

00:55:48--> 00:55:51

There shall be no day there shall be no compensation

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

or indemnity.

00:55:55--> 00:56:22

And that brings us to the end of this. It is an interesting chapter. It's about banditry. We said that sometimes people can have like a more flexible understanding of what banditry is. and expand this to you know, organize the crimes that use force and cause a lot of mess, like mischief or corruption on Earth, including rape and drug trafficking and things of that nature.

00:56:23--> 00:56:32

And we also said that in this chapter, they discuss sort of the Islamic standard ground laws.

00:56:35--> 00:56:46

And that brings us to the end of this we'll take five minutes. inshallah and come back for Bab Khattab, Bobby chapter on fighting the insurgent rebels.