Fiqh is Speculative

Ismail Kamdar

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Channel: Ismail Kamdar

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The speaker discusses the confusion surrounding the approach to FIP and how it can lead to a "right answer" to every question, but the "right answer" is not something easy for people to follow. They stress the importance of finding a "right answer" to a question and making peace with the idea that the opinion they have is a right one. They also discuss the misunderstandings of the Islamic approach to knowledge and the importance of accepting and avoiding the idea that a certain opinion is a speculative science.

AI Generated Transcript ©


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Salam Alaikum Warahmatullahi Wabarakatuh. So today I want to address a

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incorrect approach, how many people do they have towards fic towards Islamic law, or interpreted Islamic law. And this is actually very common that I find people are very strict about issues, where they are clear differences of opinion. And they tend to take it very personally, if you follow a different opinion from them on these issues. And I want to go a bit into the mindset behind this, like, why do people think like this? And how are we supposed to think, as Muslims? So let's start with with a simple example. Very often, when I'm teaching Fick to young people, and it's their first time studying the field of IQ, they will come up with questions like, What is the correct opinion on

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wearing your pants below your ankles? Or what is the right opinion on the length of the beard?

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And I usually respond with a response that makes them quite irritated. And my response is, if everybody if we knew what the correct opinion was, there wouldn't be a difference of opinion.

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And this leaves them confused, because

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people assume that there has to be a right opinion.

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And people are not comfortable with the idea that there are many things in life that we do not know the right opinion about. Or we just have to make peace with the fact that we following an opinion, without possibility that it could be wrong.

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Now, today, I want to discuss why it is wrong to approach Vick in this manner of there has to be a right opinion. Number two, I want to go back into why we have this mindset today. And it might be something you never even thought about what I'm going to mention here that you might think is completely irrelevant, but I believe it's very relevant. Number three, I want us to discuss what is the correct approach to FIP. And finally, why all of this is actually important, and what will be the benefits of changing our approach to fit. So let's start with why why are people? Why do people assume there has to be a right answer to every topic? It's not what you think, right?

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I believe that the reason for this is the modern education system.

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Now you may be wondering, what's the modern education system have to do with

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the modern education system?

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Basically, it trains the way our minds work. Many of us the way our brains work, our worldview is shaped entirely by the school system. We are put in school at a very young age, at the age of five, we spend our entire childhood and young adulthood in the school system, we come out thinking in a very specific way. Now those of you who know me and you read my works, and you and you watch my videos, you know that I am a critic of modern education. And I believe that the system is very problematic in a number of ways, and that we need a whole new system for the new era. Right.

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But to me, one of the biggest flaws of the education system we currently have is that it trains people to think that there's always a right answer, and the wrong answer. It everything's binary, everything has a right answer and a wrong answer. Because for 13 years you are in school, and for every topic, you have to know the right answer. Right, any other answer is wrong. There is no scope for differences of opinion, there is no room for differences of opinion, there is no room for creative thinking. Sometimes you may try a new approach to a topic and arrive at the same conclusion as the teacher. But because your approach is wrong, they still mark it wrong. Because it has to be

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exactly what the teacher says. Now, what this does is it trains our minds to think that on every issue, there has to be a right answer and a wrong answer. Especially when it comes to matters of law. Right? When it comes to law, there's just legal and illegal. But this has never been the Islamic approach to knowledge. This has never been the Islamic approach to topics of fear of interpretive Islamic law.

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Many people find it hard to make this mindset mindset shift to make the mindset shift of there's always a right answer to I could be wrong.

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So, to understand this, let us separate knowledge in Islam into two separate areas. We have what is alumina deemed with the with the role of what is known of this religion by necessity. These are issues with there's no difference of opinion. These are issues that are set in stone. These are issues where there's a right answer and a wrong answer. But these are actually really few things. Right the Six Pillars of faith, believing one God His messengers, the angels is books that

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The afterlife and destiny.

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This is clear, right? Then we have the five pillars of Islam. We need to believe in the shahada pray five times a day for the month of Ramadan discharges AKA, go for Hajj. Let's clear we have the major sins don't steal don't commit Zina don't get involved in other types of sexual deviancy don't gamble, don't drink alcohol. This is clear.

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But what many people don't realize is that this makes up a very small part of our religion. Allah subhanaw taala has made clear to us only that which is crucial and important for us to do well in life and to be saved on the day of judgment. And for many other issues, Allah subhanaw taala has left it open to interpretation as a mercy to us. You see Allah's mercy to us. This is part of Allah, Allah's gift and blessings upon this omega, that he has made fixed such that there is room for differences of opinion. So the religion is not too strict, it's not too burdensome, it's not something that people find difficult to follow. The very existence of differences of opinion, is

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supposed to make Islam something that's easy for people to follow. Because if you find a certain opinion to be,

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like not convincing, or you do not see how it makes sense, and you find a different opinion from a legitimate scholar, with his own evidences, which very clearly within the framework of what's acceptable, you can follow a different opinion, you don't have to follow a specific set of opinions to get into gender.

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So what many of us have to get used to is the idea that when it comes to Islamic law, when it comes to fear, there is a spectrum of possible answers, there is a spectrum of possible answers. And whichever answer you end up following, based on your research based on whichever scholars you follow, you have to follow it with the understanding that it could be wrong. And you have to just make peace with the fact that the opinion I'm following could be wrong. And that's an all issues of fake. Right? When you read the works of the of the early scholars, almost every book of fake you read, it begins with a statement that these are our opinions, and they could be wrong and Allah

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knows best that the scholars have fake this approach fake from the possibility from from from the perspective that I could possibly be wrong. This is a matter of HD Ha, this is a matter of, of, of doing one's research, trying one's best to find the correct opinion. But knowing that as humans, we can't always know everything we can't always be right. So there's a strong possibility that I am wrong.

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And when you do this, your approach towards other Muslims, it changes, you stop treating Vic, the same way you would treat Sharia or Aqeedah.

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And this This is again, the big problem in our times, right? I see this, especially in my community, people treat secondary issues of work, where there's a clear difference of opinion, they treat it as if it's a matter of comfort and Ema. Right that they will literally judge your fate on matters, secondary matters of faith. You give me a story about this. Many years ago, over a decade ago, I was in India, delivering a public lecture. And a group of young men came in and they were looking at my face, they were looking at my feet. I could understand why. After a while they walked out.

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So after the lecture, one of my friends, a scholar who was based in India at the time, he came up to me and he said, those young men were looking at the lens of your soul of your quarter. And when they saw it was touching your ankles, they walked out because in their view, it is haram for a scholars pants to be touching his ankles. Now, I know this opinion exists in fact, and I know it has the possibility of being right.

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But you have to be fit and accept that there are many different opinions on this issue. There are many different opinions on this issue. Going all the way event Imam Shafi did not view this as central in the great Sahabi the greatest of the Sahaba Abu Bakr RadiAllahu his pants would be below his ankles. Right? They were differences of opinion all the way back to the first generation on this. Number one historically, the issue of pants being below the ankles was never a big deal. It was never a big deal until about 50 or 100 years ago. It's a product of modernity that Muslims three dislike the issue of Immanuel Cofer rarely go back and study history go back in study books of fit

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from 500 to 1000 years ago, you will never see this list and as a major issue. People just viewed it as a very secondary issue of IQ where there's a difference of opinion

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Some scholars see it as a minus in some seat as mcru. Some see it as halal, you don't force your opinion on others on issues like that. But in modernity, you will become so trained to look at all issues as the same. So we can't distinguish between a major sin and a minus. And we can't distinguish between matters of difference of opinion and matters that are agreed upon. And we treat everything as if it's Gopher, and we treat everything as is something to disunite to people over. And this is a ridiculous approach to fake this is a modern approach to fail. This is a modern approach. Because historically, Muslims did not treat fake like this, historically, Muslims treated

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Vic as a matter of probability, the treated as an element we call it a is one the science is speculative science, a science in which you train, you learn a methodology, you apply your methodology, you study the evidences, but whatever conclusion you come to, you accept, I could be wrong.

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And you have to look for that. And you have to accept that and it's not that big a deal. We have to stop treating differences in fit like such a big deal. This, this is one of the biggest problems I have in trying to talk to some people, that they treat every issue of fake as if it's a matter of comfort. And then you can't have a conversation, you can't get along with people who follow different thick opinions from you. You can't even accept the idea that a different opinion exists. You know, I've had this conversation with people, where I'll be explaining to them a different opinion on a topic from Imam Al Ghazali, or even husband or one of the Greek scholars of the past.

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And they will look at me all confused and say, in my opinion, there is no difference of opinion.

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What, literally quoting you scholars, they said the opposite of what you're seeing. And you're saying, in your opinion, there's no difference of opinion, that doesn't make sense. Are you going to deny history? They're going to deny the scholars exist? Or you're going to deny that the scholars have a different view from you? How do you come to this conclusion that you as a lay man can see, there's no difference of opinion on a matter when very clearly, Imam Ghazali had a different opinion. Even husband had a different opinion. Even Tamia had a different opinion, are you just gonna write them off because your brain can't accept the idea that this is a speculative science and

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you could be wrong, we really need to change our mindset to what's fake, what would be the benefit of changing our mindset towards fake, the main benefit is, we become more tolerant of each other, we become more accepting of the fact that this is a speculative science. And my opinion is not the is not the absolute truth. And somebody else could be right. And I could be wrong. And because of this, we can actually live in peace with each other. I see people this uniting over the smallest issues of faith, where someone has a difference of opinion with them on a slightest issue of fake and they want to cut that person off completely, treating them like a coffin, relax, it's not awful to have a

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difference of opinion in favor. It's always been there from the time of the Sahaba Abu Bakr and Omar had differences of opinion with each other. In fact, why are we making it such a big deal in the 21st century, we have become the biggest obstacle to the unity of the Ummah, when we take the secondary issues of faith, and we treat them as if they are matters of Iman and prefer.

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So let's end with a practical example. Right? How do we deal with differences of opinion? In fact, I'll give you a practical example. The issue of smoking cigarettes, this is a contemporary issue. So whatever opinion you follow, it's a result of each the heart, it's a probability and you could be wrong. Now I am of the opinion that when it comes to smoking, it is haram. I am of the opinion that smoking cigarettes and other tobacco based products are haram. These things can kill you. Because it gets on billions of people. The harms outweigh the benefits. It's not Islamic, to purposely destroy your bodies in this way. Therefore, my opinion is that it's haram. But I know that there's

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differences of opinion, I know that this is a matter of HD hard. I know some scholars think it is mcru something it's Makuta creamy.

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They have different opinions. So what do you do with this? What do you do with the fact that there's a difference of opinion? Very simple. When I'm teaching a class, I will teach my opinion, when I'm advising someone, I will advise them based on my opinion. But when I'm dealing with average Muslims on the street when I'm dealing with other people, I will not make it a big deal because they have the right to follow a different opinion. If I taught my opinion that is haram and another scholar toward his opinion that is more cruel. And they found that other scholars opinion to be more convincing. They have the right to follow that opinion without being judged without being shamed

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without you making the feed of them with just accepting accepting the fact that this is a matter of HD hard. It is probable that I am right it is probably the I'm wrong and they have the right to follow a difference of opinion in such issues.

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A lot of us find it hard to

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Do this. Right because again,

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I think it comes down to the word haram. When I say My opinion is that is haram. Many of us our mind jumps to the disease equal to Zina or it's equal to stealing No, no, no, they are levels of haram. They are levels of haram. Smoking cigarettes is not in the same level as stealing or committing sin of No, not at all. When I say It's haram, it's not clear in the Quran and Sunnah. It's a result of each jihad. Therefore, at most, it's a minus of A minus of it cannot be put in the same category as something that it's clear and agreed upon. And red is a HUD punishment for you cannot put them in the same category. Again, this is a separate video I'm going to make, we have to distinguish between

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the levels of hierarchy. Because Muslims in modernity do not distinguish between the levels of haram, we end up treating all of it as equal. And this is very problematic because then we make the religion unnecessarily difficult. We treat minor sins like major sins or even worse, richiede, minuses the Cofer and that has never been the approach historically.

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So what is the benefit of changing our approach towards fit instead of looking at it from a binary perspective of right answers and wrong answers, and looking at it from the actual Islamic perspective, of there being a spectrum of possible opinions, all of which have the possibility of being right and wrong, you follow the opinion of your local scholars, or if you aren't as calling follow whatever you believe is the strongest opinion, but you accept the possibility that you could be wrong. What do you do? What is the benefit of this approach, the benefit of this approach is that you become automatically more tolerant towards other Muslims. He stopped making it a big deal that

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his hands are yearning Salah and your hands are down in Salah. It's not a big deal. Either way, Allah is going to accept your Salah, he stopped making it a big deal that one person makes dua after slug the other person doesn't. It's not a big deal. Either way that the brother is going to be accepted. You start making it a big deal at some people were Kurita and topi other people were sure their pants, it's not a big deal both ways the Ibadah will be accepted, he stopped making these secondary issues a big deal, because you understand there is a spectrum of differences of opinion, and you cannot force your opinions on others. So you automatically become more tolerant of these

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differences of opinion, you do not force your opinions on others, you start making these issues, big deals, and you start breaking ties with people over these issues. Perhaps over time, as you study this deeper as you learn to accept this more, you learn to appreciate other opinions, you learn to enjoy the fact that there's diversity in the OMA and you begin to really appreciate all the different methods and approaches to fit.

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So to conclude, fake is a science of probability. It is a Lonnie science is a science in which whatever conclusion you arrive at, there is a possibility that you are wrong. So it's not a science in which the right answers and wrong answers just answered, are closer to being corrected others. And the end of the day, when it comes to FIQ. Allah is merciful, and He will accept from you whichever opinion you're following, as long as you genuinely believe that this may be the strongest opinion, which means somebody could spend their whole life believing that something is haram based on each jihad. And someone else could spend their whole life believing that that thing is allowed

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based on HD heart. And as long as he falls within this acceptable spectrum of IQ. They both call to gender. And it's not a big deal, as many of us make it out to be. And I will end with a beautiful quotation from the great Khalifa Omar Ibn Abdul Aziz Rahim Allah who was from the web from the second generation of Islam. He was the Khalifa from 99 to 101. Ah, and he was asked like, what do you make about the fact that the Sahaba differences of opinion? Shouldn't everything just be clear? Should they all just be following the same thing? And he said something very profound. Omar even Abdul Aziz said, he said, I am happy that the Sahaba had differences of opinion. I am happy that the

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Sahaba disagreed on many matters. Why? He said because if they did not disagree, if they just had the same opinion on every issue of it, this religion would have been too difficult for most people to practice. The wisdom of the great Khalifa Omar bin Abdulaziz don't just tolerate or accept the fact that fake is a science in which there are many differences of opinion, but appreciate it. Because this is Allah's mercy to us. This is Allah's way of making the religion easy upon us. This is Allah's way of accommodating the fact that people think differently, people act differently, people have different approaches people perceive things differently. This is Allah's way of

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accommodating the diversity of the Ummah, within the laws of Islam, and wielding a flexibility within the law itself. We learned to accept this and to learn in this way and to deal with each other in this way, then we can really have more hope of uniting. And we will actually start to approach the science in the way that

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People of the past approached it and give it its, give it what it deserves.

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So that's all I have to say for today. I really hope you take time to think about this, and that we take time to adjust the way we approach issues. Stop making these secondary issues matters that we dis unite over. When it's something that's known of our religion by necessity. Yes, we draw a red line there. But we need something where there's always been differences of opinion, whatever fits within that spectrum of differences of opinion. Learn to love and that love. It's not that big a deal. And Allah knows best Walker that Juana and hamdulillahi rabbil Alameen wa