FQP21 Fiqh of Penalties – Ruling of the Apostate

Hatem al-Haj

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ready

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to proceed.

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inshallah Today we will go over two chapters

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in the last chapter in the book of penalties, which is the Bab health and mortality, order the chapter on the ruling of the apostate. And in the second session inshallah we'll go over the beginning of keytab of jihad or the book of jihad. So let's start by the approximate mokdad, the ruling of the apostate. And if you notice, at Magna Carta, American outlaw started this by a title that's a little bit different. We are this is part of the book of Hadoop. This is part of the book of fixed penalties, but he did not say Bob had done more.

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He said Bob Hawke midmar, the ruling of the apostate not had limited, not the fixed penalty for the apostate, because in the Hanbury mouth,

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the penalty for the apostate is not a habit, it is not a fixed penalty, the major distinction between the heart and the punishment, which is

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the theory of punishment and other half the punishment not a fixed penalty is that once the heart is established, it cannot be dropped cannot

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basically be the the sort of offender cannot be pardoned and the habit cannot be dropped once it is established. Yet looking at the seer of the Prophet sallallahu Sallam several people apostatize during the time of the Prophet sallallahu Sallam actually in his face, and he did not execute the heart there had been a heart it would have not been droppable waivable. So, that is why in the combatting mother It is called Hakuna Matata did not have the martyred, the ruling of the apostate not the heart of the apostate.

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The Maverick Kodama Hola, and I would go over,

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I want always to put like a line to draw a line between

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basically quoting the tradition as it is, and

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providing insight into basically implementation in contemporary times. And this is important, because we want to be familiar with that tradition as it is without basically putting it out putting the tradition out of sight. Because that will have major drawbacks to put the tradition out of sight. And to provide our censuses, without that openness, that transparency, talking about the tradition, as it is there different levels there, the scriptures, the tradition, and then implementation in contemporary times. So we want to be honest, then we want to talk about the tradition as it is and then provide insight. Now, the drawbacks of putting the tradition out of

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sight are obvious. When people stumble on it, they will be shocked. And if they don't have the appropriate context that would cause them fitna in their the inner trial, and their the inner faith crisis.

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Also, their you know, lack of openness is not it's not even prudent anymore. It's not there is you know, in the in the in the in our times,

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that you can't really conceal things. So that's not particularly effective or prudent. In addition to this, if you don't have that tradition, then

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the discourse between us will be basically

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informed because when people don't understand the tradition or have the tradition, they don't know where where they're sort of interlocutors are coming from if you are in the discussion, and you have someone coming from the right and someone coming from the left, and they don't know all the you know, scriptures tradition and current reality, we will not be able to talk and you will think that anyone who says something that seems a little bit odd to you,

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has no basis whatsoever, and is just like a lunatic.

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But to if you understand that, that tradition

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We wouldn't be able to talk to each other without necessarily shouting or screaming at each other, we will be able to understand where people are coming from and understand

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their rationale whether or not we agree with it. Now, these are all sort of

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benefits in in honesty and transparency and openness.

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So that does go over, you know, Bob Hochman more as an immigrant Kodama basically,

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seas

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or as a, as the seas,

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basically your house he understands the harm that he positions to be on this issue. And his book on the unimaginable damage died in the year 620, after the Hydra, and he was the most prominent Hambali in the middle generation,

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as far as prominent family in terms of his commitment to the mother, his commitment to the mother hub and abiding by them as have, of course, remember, the mayor would be the most prominent somebody in terms of his caliber and stature of the middle generation, or the middle generations of ham bodies. But since he was not as committed to the mass hub, he was a little bit more liberal picking from the other mother had been so on and how his own it's the house as well.

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You know, it Kodama would be the most prominent family who is completely committed to the mother above the middle generations. So what he says here, sir is certainly has a lot of weight.

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And it is a sort of

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an honest depiction of the Harmony Hub as understood by the middle generations.

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of the of the companies. He says women are cut down in Islam in our region, even nessa waterbuck come down to the lines of a larios Allah Ma'am, and that that Idina, who flocked to do.

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What Dr.

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Saracen for interborough l aquatera. The safe, whoever, whether male or female

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apostatize is from Islam must be killed because the Messenger of Allah sallallahu Sallam said, he changes his religion, that is apostatized does kill him.

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This this hadith is reported by Bihari from Abdullah nobis, it is an authentic hadith, they are not killed until their repentance has sought for three days. Then they either repent or are executed by the sword, they either repent or are executed by the sword. Of course, if you want to cut this part and you know,

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that Be quiet,

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you know, an interesting quotation here. So that's what that he says. And as I said, we will go over

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the more we're going to have a discussion, but let us first explain what he meant, as he meant, how whatever he was trying to

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relate to us.

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So whoever whether male or female, why did he say whether male or female, because that is a point of controversy. We know that in the form of the ruling of the apostate his death, that the penalty for apostatize and his death that is that after you have been

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basically us your repentance has been sought by who by the judiciary, this is not something that is left for the masses for the public to take, you know upon themselves, basically to establish whether someone has apostatized or not, and what ever the penalty for them could be this is basically

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you and this is a matter of agreement here. You need state authority for this. Just like you need state authority for Jihad as we will talk about in the next chapter of jihad, you need state authority and the judiciary.

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So does this matter is limited it is not up to the individuals to determine who is an apostate it is not up to the individuals to determine

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penalty for the apostate. It is not up to the individuals to determine to execute the punishment for apostasy. state authority, the judiciary within the framework of state authority, and this is a matter of agreement. But within that state authority, the judiciary, based on the form of that has Hanafi Maliki Shafi Hanbury, the punishment for apostasy after the three days,

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establishing definitely against them, and seeking

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their repentance. And that all is important because when we contrast this with the inquisitions in the Middle Ages, you will understand

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you know how kind the Islamic law was to the apostates. If you contrast this to the inquisitions, they are saying that we were establishing a plea against them, keep them for, say, the eyes, as Bob said, give them food and drink and seek their repentance. And all you need of them to do is this, I repented to say I am Muslim, take, pronounce the Shahada one more time. And if they had apostatized, or if the apostasy was because of denial of a pillar of Islam, they just need to say that we have we accepted us we we believe that Salah is part of Islam, and it is obligatory that they just walk away.

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And this is a matter of agreement. And when we come back to talk a little bit more about apostasy in Islam, you will see the beauty of this and the mercy in this. Because in the you know, in the inquisitions, none of the you know, when whenever you were not able to extract confession from the heretics, you torture them until you extract confession from them. And

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and then yeah, so. So the idea here is,

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let us let us also be fair to our tradition and understand that contrast with the same sort of pipeline, and you will see the difference. So he says whether they're male or female, why is he stressing whether male or female because usually he doesn't say that, to point out that we have bodies believe that whatever applies to men's applies to females, unlike the honeybees, who say, that apostasy that the punishment for apostasy by the US is only applicable to males, as if we have internalized what some of those colors will come back. And you know, what, you know, some of the contemporary scholars, when, when basically posit that the apostasy is the punishment for apostasy

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is basically

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because apostasy is a form of violence against the state or is a precursor of violence against the state. And we will see how they will we'll try to prove this based on history.

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But anyway, the position in the form of I have is that for the main it is the death penalty for the female. It is

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also the death penalty, according to the Medicaid shuffle is from Belize, but not according to the HANA fees.

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Why that the HANA fees, get away with claiming that that's not applicable to females? Because it does not appear that there was

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you know, there are conflicting reports one report is that report from home low man on the mattawan either this or that, this hadith where it is said that oma Romana apostatized and the prophets are solemn commanded that it was that she would be that repentance would be sought and if she did not repent, she would be killed. This heavy foam roll man is not authentic, you know,

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not authentic by the sort of the bulk of these scholars, they they can deem that either weak or very weak,

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weak or very weak.

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Then we have the the other hobbies. So basically, it should not be cited like the outside this in the Hanbury method in the books of the mother beside this as a proof against 100 thieves who are saying that a woman should not be careful, because they believe

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they could use other proofs they can use that whoever is making the distinction needs, needs to prove that there is a distinction because the generality would apply to males and females, and that would have been sufficient, but they want it to be stronger in their very bottom of the hafeez who say that this does not apply to women. And they are saying, well, the profits are seldom applied to women, you know, that ends the discussion. So it doesn't end the discussion, because this hadith is not authentic. And that is usually an issue that you find.

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Those who are more squarely scripture lists, traditional lists in the sense of or tradition lists, in the sense of relying more on reports that's called Hobbes versus alibre, who rely more on sort of

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reasoned under reason and understanding and the ongoing principles that they extracted also from the Quran, and Hobbes simply

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it is not simply

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like rogue reasoning is reasoning that is extracted from the Quran and Hadees, you will find that when the people have had these

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have an authentic Hadees, they have the upper hand, but sometimes the people have had these also, because of their reliance on reports, they can sometimes rely on weak reports, and quote, weak reports. And you may well go to reports if it is an established thing. It's not counter to any principles and the D and n it is it is it does not it's not

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basically about rulings, but it is about about mad or virtuous deeds and things of that nature.

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But not in this particular

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regard or respect, you know, we're not when we're talking about rulings, not when we're talking about, you know, death penalty.

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So, yes, a moral man is not basically an authentic report, the other report about the blind man who had unweathered, who had basically a

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slave woman with a special status of being a mother mother who has a child or his two children.

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And it was reported that he or she used to curse the Prophet sallallahu Sallam and he killed her and the Prophet sallallahu Sallam said,

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be witnesses that her basically, I the entire life available or not inviolable, that, you know, not sacred.

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And that report

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may have may have a better chain than the report of Amaro man, but it is not.

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The examination of reports is not limited only to the chain, but it is also about the mountain of the report, and there are some in consistencies.

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Chain wise and method wise, the main inconsistency to me, Martin wise, is that it seems that the prophets are some, you know, this is a man who killed a woman and then, you know, the woman was found that and then men, this man is claiming that I came there because she cursed you,

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then the prophet SAW them basically

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let him go dismiss the case it you know, it is not based on his claim, you know, anyone can make a claim of that nature that does not seem consistent with sort of

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procedures, Islamic procedures and so, in this particular You know, this particular report is it it is quite

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inconsistent with sort of Islamic guidelines.

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And also the chain is not like a formidable chain that you cannot deny

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there.

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But, but the mutton is particularly the problem with this report. Therefore, there are no reports about women being punished

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For apostasy and I will go farther to say and I will come back to this and the discussion. There is not a single report that the prophets Allah Sutherland killed anyone for apostasy

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There is not a single authentic report the prophets on sudden killed anyone for apostasy now does not mean that there is no punishment for apostasy or this is invalid. No, he's saying here some of our solemn men but that Edina move up through here who changes his religion, that's a pastor apostatize is kill him, as reported by karate from our blog nobis. And as we will come back and talk in more detail, there is also you know, in Muslim Muslim in the US,

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you know, the blood of a Muslim has now is inviolable, inviolable, except in three conditions. So, we will come back and talk about this, and we will talk about the counter proofs, but what's the for this discussion? For now, let's just understand what he's trying to say. The same for the mammaprint Kodama himolla, is trying to say,

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so it would have been enough for the ham bodies to say what they say you're making the distinction between males and females, the proof is on you, not on us, that's it. So, whether male or female is correct in this respect, because whatever the profits of the law is themselves, but that

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should apply across the board, it's not limited to means

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as I said, the harpies may have internalized that that concept of that this we are doing this because when people apostatized they joined the the other camp and the other camp was you know price warring enemy. So, they may have internalized that

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then the sheikh said that they are not give the until the repentance is sought for three days. Then they either repent or are executed by the sword they are either repent or are executed by the sword.

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They are naturally so why because Hadith Amaro man, the Prophet sallallahu Sallam said armor and he ordered the Duchy repentance would be sought. Now, we said heavy so moral man is not authentic, that whole story, we cannot rely on it, because it has not been established authentically. yet. It has been established from Omar, but the Allahu anhu. When he asked when he asked the man who came from Abu Musa messenger from Abu Musa Chateau de la who hadn't been motivated, is there are there any sort of news,

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peculiar news or anything interesting?

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He said the amount apostatize then we give them and the armor or the aluminum said to him, did you ask him to repent? He said, No, he said the armor said Oh Allah be my witness that I did not attend this I did not and I did not approve of it.

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And he said

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before that he said to him, why have you not locked him up for three days given him food and drink and asked him to repent? And then he said all lobby my witness. So, this is basically where this is coming from. And I said contrast this with the inquisitions in the Middle Ages.

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But also

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or are executed by the sword. Why is he making it a point to say executed by the sword? Because the Prophet sallallahu Sallam said

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do not punish with the punishment of Allah which is burning. So he wants to say that he is not to be tortured. He is not to be tormented. It is one strike by the sword like anyone else, one strike by the Florida like anyone else. Well contrast this with burning at the stake, which used to be his standard punishment for the heretics and the apostates in the in Europe and in Europe in the Middle Ages. Giordano Bruno burned at the stake 1600. So and this this used to be the standard punishment for those people. So he's saying excuted by the sword, this is this contrast is important.

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So this is the first part here, then

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We'll move on to talking about

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what makes someone an apostate, you know, and that this is an input This is basically

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my when buying a coffee with a man for equitable, this is the place where you look for the distinction between a man and coffee in the books of

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if you want to look at the difference between a man and according to the theologians.

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Look in this chapter, you will find that in this chapter

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so he will say

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he says common Shahada, Allah Allah Allah Allah Allah Who shall he can also habitant at Weller than our Kava alcazaba lotta Allah, Allah subhanho

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wa rasuluh

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Al Kitab Allah, we say admin who

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can in Islam, our Harlem Harlem anthology now, Allah creamy

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ilani akuna. Dr. Mohammad, for your leg, for lm Yup, bell copper.

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Okay, so he says,

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One who denies God most high ascribes to him, partners have made or a child belies Allah, Exalted as he or criticism denies or curses His Messenger sallallahu Sallam denies one of the prophets all or part of the book of Allah or one of the pillars of Islam or makes lawful that which is unlawful by clear consensus, clear consensus, given commits a proper apostasy. So here he is saying,

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Allah,

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messenger,

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the message, so whatever What about Allah, you deny him, you belie him, you reject Him, you insult him. That's all apostasy. What about the messenger? You deny him, you belie him, you insult him? That's all apostasy. What about the message, if you deny something that is established by clear consensus,

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to be of the message that is apostasy.

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So, he mentions here,

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if you if you have any nappy or any Maddock

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he doesn't say matter here, but it is, you know, in in the books of the mouth hub, so if you deny any profit or any Angel, if you deny Moses, if you deny these Jesus, if you deny Jonah, if you deny anybody that is that Allah told us of their Prophethood you deny the prophethood that is apostasy. Just you know, just like if you denied the Prophet sallallahu Sallam to deny Jonah to deny the Prophet, Jonah sallallahu Sallam

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is apostasy

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Okay.

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Then

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also,

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then he says the exception is one who is ignorant of the obligations and prohibitions, he must be taught. And then if he shows no acceptance, he becomes

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this believer, he becomes a this believer.

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So the message

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p deny any profit, that that's part of the message, any angele part of the message, any agreed upon sort of consensus on a prohibition or an obligation, that's part of the message, you're denied part of the message of that is certain. It is all about, you know, Prophet Muhammad is the last messenger of God.

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any act of this believe we'll have to compromise this.

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So the Prophet, the messenger, the message, and

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the difference of the message part, the sender, you know, any act of this belief has to compromise. One of those.

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They mentioned things that are interesting, it's about the rebellion against the established religion. You know, again, you know, this is the religion, this is what we have established, and you have to understand that if someone denies

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That is not not a word

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or a ruling that is established on something that is not mutawatir without that does not enjoy clear cut explicit definitive consensus. They are not

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apostates, they are not apostates.

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It's someone that is that somebody and Muslim we call them mock that they are you can call them whatever you want, you know not not every year single have even party and Muslim because you know, then we would call them major scholars have hobbies. But if someone denies sort of the bulk or denies you know the status of a body and Muslim has largely largely authentic, then we will call them fantastical moqtada or something, but it is not an act of Apostasy or this belief.

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An act of Apostasy or this belief is to deny that which is motivated.

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You know, whether it is the book of Allah, all of it is much more than what the Sunnah of the Prophet sallallahu alayhi wa sallam. Now, they mentioned some interesting examples, like if you deny the prohibition of pork, that's apostasy.

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Of course, because that is not controversial, clear, explicit, definitive consensus. But also if you deny the permissibility of bread, that's an act of Apostasy. That is, you would be an apostate. If you deny the permission, permissibility of bread.

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It is basically to challenge the dean to challenge the message. To deny the message theory object to the message has to be one of these three, the sender, the one who sent and the message that's been sent.

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Now, also what you know what they also mentioned, and this enjoys an agreement is that anyone who denies that Islam is the only religion after the Prophet sallallahu Sallam The only acceptable religion, anyone who

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they even say, Oh shafiqul for anyone who doubts that are not Muslim, is gafford. Keep in mind that there is a difference between

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gafford

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in gamma dunya, and the rulings of the dunya. And, and punishable, like, worthy,

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damnation, eternal damnation, because certainly komak animals we've been up and about. And we were, we were would have not tormented the people before sending a messenger. So

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we have

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a Madden cup,

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and there is no third category. But within that,

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basically category, of course, not everyone is deserving of eternal damnation. We have we have everybody's clear on this.

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But we have to be also clear on the fact that there is a man and coffee and religion and religion that does not have email and is not really a religion. They are interdependent. If there is no this belief, there is no belief. If there is no sort of coffee, there is no email, there just completely entered the pendant. You know, these are things that you have to have faith in. If you have faith in them,

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You are faithful, that is your belief. Keep in mind,

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we're talking here with respect to a particular religion, with respect to a particular religion, with respect to that particular religion, if that particular religion does not tell you, this is God,

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then it's not telling you anything about anything.

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Because if it is not telling you this is the truth, this is false hood, then it is not telling you any truth. Because the truth is basically the opposite of false.

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Unless you have like a very sort of phenomenal list. relativist, sort of completely completely postmodern this attitude about things, you know, truth and falsehood.

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The you know without which is not true is false. And that which is not, is basically an excluded middle here.

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An excluded metal meaning that it's either this or that.

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So it is necessary for any religion to determine the borders

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If you're in your faithful, if you're out, you are a disbeliever in this religion and unbeliever in this religion.

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They also say that you wouldn't be an apostate and this is something that is particularly compelling. So let me talk about this a little bit more in detail because it's particularly humbling this idea of Tarik Salah,

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the abandonment of prayer, I want you to understand that valleys are not making tech fear of every direct Salah like this, they are making fear of Federica Sala, that will be brought and taught and

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that will have the pre established against them you know if they are ignorant because we take in consideration that some people may be ignorant, those who are recent converts those who grew up outside of the land of Islam etc etc.

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But those who have not

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simply even if you even if you grow up in Mecca

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and you abandon the preggers

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you will be considered Capra combat otherwise, if you are basically brought before the judge and asked to repent and refuse to repent and pray in

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the home values are saying no Muslim really would prefer this over prayer except if they are not Muslim.

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I mean, if you like like why are you Why do you refuse to bow? Why do you refuse to prostrate, you've got to pee. Now you've got to be a Kappa. So, so that is important. The three other myths I have do not consider the abandonment of prayer, except out of all will agree that it will basically constitute cook, if you reject it. But if it is out of laziness, out of negligence, then it is only the ham bellies who say that this is still cough, but the ham berries will say the scope when

00:37:27--> 00:37:38

after you are brought and asked to repent and pray and refused to repent and pray then

00:37:40--> 00:37:47

it makes a lot of sense now that someone who would refuse to pray

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

and with fever that's over pray and you're bound to God is

00:37:55--> 00:37:57

has a problem that goes

00:38:04--> 00:38:14

I'm not discussing my own position here on delicate Salah because I tend to be more in agreement with the majority about Casella but that is you know,

00:38:16--> 00:38:18

trying to be faithful to the math here.

00:38:20--> 00:38:39

Then, the it is also mentioned in another which is important to address here because we're talking about the amount and go for it is also important that it is mentioned in the mother that it particle fluffy, a Hadith, Allah sanlam certainly the basically the

00:38:40--> 00:38:41

describing

00:38:42--> 00:38:44

someone has capital or some action as girlfriends

00:38:46--> 00:38:48

are do not necessarily mean

00:38:49--> 00:39:17

do not necessarily mean go for the break. It takes you out of the fold of Islam and in the moment in rewired Humbert from Lima McMahon. He clearly says that this is koforidua knockoff or Yukari will cough or it is for this lead for him, etc. They say that these o'clock that these statements of the Prophet sallallahu sallam, you know moneta, Robin

00:39:18--> 00:39:22

Robins, Elijah Muhammad whoever comes to a fortune teller and believes

00:39:23--> 00:39:37

he would have committed this belief or who you would have rejected. What has been revealed to the prophet SAW seven they actually mentioned this particular example and other examples. They don't even consider fortune tellers to be kuffar.

00:39:38--> 00:39:45

Not the person who comes to fruition or the fortune teller themselves, they don't consider them to be kuffaar unless

00:39:46--> 00:39:59

they basically and then it's a long sort of discussion, that if they sort of try to promote that they know the unseen

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

They would allow the state to execute them, regardless of being confirmed or not, because that is basically spreading corruption and so on.

00:40:13--> 00:40:16

But, this is an important point to hear,

00:40:19--> 00:40:52

to make because there are many hobbies, where the Prophet sallallahu Ala Moana, da, B or Minotaur, often for sadaqa, or whoever attributes himself rather than his father or whoever goes to fortune teller and believes them and there are many hobbies in which the profits of a sudden Cold Spring scope, but they are not necessarily the copper that takes you out of the day in they are a minor go for another major curve, or the prophet SAW Salam said this to deter us from these enormous sins that are

00:40:54--> 00:41:04

caught with that to him at coffee that are close to coffee that come very near to coffee.

00:41:06--> 00:41:17

Okay, so that's that's that section about sort of what makes someone an apostate, then an email Kodama him, Allah says, Well support islamized de la

00:41:18--> 00:41:19

lemak

00:41:21--> 00:41:52

bada bada E. So the acceptance of Islam by a discerning child is valid. If he apologizes, he will not be killed until he is asked to repent for three days after he reaches adulthood, or blue. Like I told you, my promise is to be transparent and relate to you that tradition as it is and then contextualize. So to provide insights about sort of contemporary application

00:41:54--> 00:42:00

later, after I draw the line and start to talk about my own sort of

00:42:01--> 00:42:08

thoughts, but this is this is a position in America that is serving child if he accepts Islam,

00:42:09--> 00:42:15

he will be held to it, and who is a discerning child 10 years old,

00:42:16--> 00:42:19

with a contingency between seven and 10.

00:42:20--> 00:42:35

So 10 is a discerning child female mathematics said that the Islam of a seven year old would still be acceptable if he shows signs that he is discerning. So after then you're not testing you know, if a bad

00:42:36--> 00:42:56

habits, when the water reaches through colors, it does not become impure, it's not render them pure by mixing with impurities. What is this? What is based on the understanding that we have shared before? What's the benefit in this hobbies? If we say there is no difference between

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

two colada and more, more than or less than two kilometer in?

00:43:04--> 00:43:08

The benefit is you don't need to test the water. If it is more than two,

00:43:09--> 00:43:15

you need to test the water if there's less than two less than Palatine.

00:43:17--> 00:44:03

So here, the serving gets done between seven to 10. If they show signs that they are the serving than they are this third thing, you hold them to it, meaning what if they are pacifies? Then they are apostates. But what do you kill at 10? And an eight year old, like if you deem their Islam acceptable at seven, because this is consequential. They wanted to figure out if he's Muslim or not, because it's consequential. There are many rulings where they want to figure out if this seven well Alia accepted Islam when he was eight. That is one of the proofs that Islam have a seven year old is acceptable, because we all say a woman has to be the person one of the children to become Muslim is

00:44:03--> 00:44:33

it we we all acknowledge his acceptance of Islam, you know as a child, so it is basically acceptable. Now, what if they apostatize at eight or nine? What he is saying you wait until they reach adulthood, and then they are the repentance is sought. And then the punishment is meted over. Execute? If they do not repent.

00:44:34--> 00:44:36

Then the check says poor man's arbitrary that

00:44:38--> 00:44:40

could be the man who wakes up Islami and he

00:44:41--> 00:44:49

lied, I lied I Allah and Muhammad Rasul Allah ilaria Khufu de nada Yin bin Alfredo.

00:44:51--> 00:44:59

decade do. And Mohammedan salatu salam ala hora de casa minha Yokohama

00:45:01--> 00:45:06

If once apostasy is established, and then he returns to Islam, his return is accepted.

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

Contrast this with the intuitions as I said before,

00:45:12--> 00:45:37

for his return to Islam, to be valid, it is enough for him to be a witness that there is no God but Allah and that Muhammad Sallallahu Sallam is the Messenger of Allah. And his prior this belief was due to denying a prophet, a book, an obligation, a prophet, Jonah, Salah was able the gospel that was sent to isolate

00:45:38--> 00:45:57

an obligation or the like, or if he believed that that Muhammad Sallallahu Sallam was sent only to the Arabs that has returned to Islam will not be accepted. And then he acknowledges what he had previously denied, until he acknowledges what he previously denied. And that

00:45:59--> 00:46:00

takes us to the next point,

00:46:02--> 00:46:06

which is how to come back, you come back by saying I'm Muslim

00:46:07--> 00:46:10

by saying the Shahada

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

with one contingency if your departure from Islam was not because of the denial of these, you know, it's not like you said, I'm not Muslim anymore. It's not like he said, No, Muhammad is not the last message is not the Messenger of God. He did not say that. But he said no, I don't really believe that john is a prophet that's apostasy. How do you come back? You don't come back by saying that. Because you're saying he said he come back by saying no, Jonah is a prophet units of insulin is a prophet.

00:46:49--> 00:46:59

So, you come back, you say that no, had is not actually an obligation. He come back by saying how does an obligation

00:47:01--> 00:47:02

brothers haraam?

00:47:03--> 00:47:05

You come back by saying bread is

00:47:07--> 00:47:08

and things like that.

00:47:09--> 00:47:20

Okay, now, when is it that you cannot come back? Otherwise, at least you cannot come back because it's controversial. Some people say you always can come back.

00:47:21--> 00:47:30

How many say you always can come back in the sight of Allah, there are certain cases where you cannot come back in the can of the dunya.

00:47:31--> 00:47:40

You know, in the court of law, you cannot come back. Home very wise. If you were in the,

00:47:41--> 00:47:46

you know, is in the throes of Islam. I'll talk to you

00:47:48--> 00:47:50

on what you know, when I was in the

00:47:51--> 00:47:53

you aren't saying that you're Muslim, but we've discovered that you're not.

00:47:55--> 00:48:03

Because if you come back, you know, you're you've been a liar. You know, all your life, how can we believe you? So

00:48:04--> 00:48:11

that's one thing. The other thing that they said that you cannot come back, you know, if you insult Allah, His Messenger,

00:48:13--> 00:48:14

step below.

00:48:17--> 00:48:19

And they disagree over in something got lost.

00:48:21--> 00:48:32

But they don't disagree over insulting the messenger, because this is the right of the messenger. And he's not here to basically forego his ride. So it is on us they executed.

00:48:33--> 00:48:46

That's the company position. So when Evan Tamia writes assignment must load at age 32. You don't expect them to say anything else, because he's somebody. He's 32 years years old. Someone is

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

basically cursing the prophets of Allah. The Crusaders did not leave

00:48:56--> 00:48:58

piano, a sham

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

except when he was 32 years old, you know, that's around the time he actually left the stem. So this was stem. Basically, that's the context in which he wrote the startup and must know what the onsies sword

00:49:17--> 00:49:24

This is a company that the Hanbury position and the context basically is the Crusades and people are

00:49:26--> 00:49:32

being an audacious to curse the Prophet sallallahu Sallam because of

00:49:34--> 00:49:37

feeling emboldened by the Crusades.

00:49:39--> 00:49:42

Venice is another one.

00:49:43--> 00:49:59

The second and calf are not every set. The witches are of two types. There is the Sahaja mocha for her that is considered capital because of his Sephora and that is read witchcraft. That's black magic as the say, read witchcraft.

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

Not the cell that uses tricks or use whatever. No, but this is the gaffer that is seeking help from the fire team. Because the you know, they would not reach that sort of level of witchcraft or until they have committed this belief and that they this this particular issue

00:50:28--> 00:51:17

we said that, you know, all of this is controversial, you know, it is it is controversial because, you know, some people would accept the repentance of those who cares about his messenger and some people will accept the repentance of others and deep Sahar in the three months I have that is the Hanafi, Maliki Hanafi, Maliki and the Hanbury in these three mother had had to suffer barberton decipher that is heavy agenda mcnabola. The punishment for this is one strike by the sword. Now this is not authentic either. So that's why the shaft is have a little wiggle room here to say no, it's not. And they say it depends on what he does. You know, it is not simply by by BSR. Keep in mind,

00:51:17--> 00:51:26

which is what are we talking about? That's black magic. That is the read witches that are getting sort of assistance from the devils

00:51:27--> 00:52:02

but not the ones who use tricks and stuff. So the Hanafi, Maliki and Hanbury they say yes, the the punishment for this is one strike by the story. That's the death penalty. It's a capital crime. But the shafa is would say, Well, if he if he killed by herself, then he would be killed, you know, they say what is what is he doing? And then we will basically determine his punishment on such basis, because the abuse itself is not authentic cabassa barberton besafe is not authentic.

00:52:03--> 00:52:11

Now, this is an interesting concept, because this is a fixed penalty, he called it hard.

00:52:12--> 00:52:16

That is why he is saying that, why is he saying that the

00:52:18--> 00:52:33

repentance, he says but this repent for the period of repentance, because he's always been lying, and how can we believe him? The one who in terms of Allah and His Prophet, because that is the punishment for that and we get this is there right can forego it. So

00:52:34--> 00:52:51

if he repented, then Allah would accept it and the hereafter if he repented, truly Allah would accept that in the year after this is the punishment so what about the second you know, if this if we're saying that he's getting killed the because of this belief, why can't be repaired.

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

Because of this heaviness of the soft rubber button beside people that had well

00:52:59--> 00:53:25

as the as the as one of the traceable version to the profits of the Los Alamos for its as for its traceability to the Prophet sallallahu Sallam it is weak. And if it is a statement from during the webinar, Abdullah than it is a statement of as a hobby and then it is not necessarily binding, particularly according to the Shafi in there, the the or the new method for his new method. So, these are the people that cannot actually repent.

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

But in general, the repentance of the apostate is accepted. Now, this is the chapter on apostasy as

00:53:39--> 00:53:48

related by the management of Kodama and as it is in the Hanbury method, I will draw the line here

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

like we did last time, and

00:53:55--> 00:54:02

actually in the next session, we are aware that it's over, I guess for now, in the next session,

00:54:03--> 00:54:18

I will talk about my own thoughts and contemporary discussion to contemporary discussion to contemporary discourse between the scholars and my own choices.

00:54:20--> 00:54:22

In the next session, could probably have

00:54:24--> 00:54:25

some practical consequences.