Ismail Kamdar – Introduction to Usul al-Fiqh

Ismail Kamdar
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The speakers discuss the importance of following the Sun statement and the use of various methods of learning in Islamic law. They also touch on the use of drugs and recreational drugs, as well as the importance of following the Sun statement in interpreting the holy grail. The speakers also discuss the differences in interpretation of various people and the importance of following the Sun statement.

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			As-salamu alaykum wa rahmatullahi wa barakatuhu Alhamdulillahi
		
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			rabbil alameen wassalatu wassalamu ala nabiyyil kareem Welcome
		
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			back to our third lesson in the series
		
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			An Introduction to Islamic Law Just a couple
		
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			of points before we get into today's class
		
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			You'll notice I changed the name of this
		
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			class from Introduction to Sharia to Introduction to
		
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			Islamic Law because as I am developing the
		
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			curriculum I realized a lot of what we're
		
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			going to cover is Fiqh, not Sharia And
		
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			in the English world, Islamic Law is a
		
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			catch-all term that refers to both Fiqh
		
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			and Sharia As we go deeper, it'll become
		
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			clear to you what the difference between Fiqh
		
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			and Sharia is But I decided to use
		
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			the English term, Islamic Law because it'll be
		
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			easier for people to understand that this course
		
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			covers both Fiqh and Sharia that work hand
		
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			-in-hand You can't study one without the
		
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			other They go together This does not mean
		
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			that this is going to be a Fiqh
		
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			class I'm not going to be teaching you
		
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			specific Fiqh rulings like the Fiqh of Worship
		
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			or the Fiqh of Transactions I'm not going
		
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			to be teaching the Fiqh of a specific
		
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			Madhhab I'm simply going to explain how Fiqh
		
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			works and how that fits in with how
		
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			Sharia works and how the two of them
		
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			work together to create a cohesive society for
		
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			the bulk of Muslim history and how we
		
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			can revive that in our times as well
		
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			The other announcement I wanted to make before
		
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			we continue is I don't know if you
		
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			noticed but I added mini-lectures to the
		
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			series separate from the main videos and there's
		
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			two main differences between the mini-lectures and
		
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			the main videos The main videos will be
		
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			around one hour long lectures in which we
		
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			will do deep dives into various topics related
		
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			to Islamic law but the mini-videos will
		
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			be between 10-20 minutes focusing on some
		
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			other issues to help you understand the main
		
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			issues The other difference is that the shorter
		
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			videos the 10-20 minute videos will actually
		
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			be publicly available on my YouTube channel while
		
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			these longer videos like this one will be
		
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			exclusively available to the students of this course
		
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			and that's for a number of reasons Number
		
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			one, in these videos we're going to go
		
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			into a lot more details it's going to
		
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			be a lot more advanced this is essentially
		
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			what you're paying for while the shorter videos
		
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			are topics that I want to reach as
		
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			many people as possible so I made them
		
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			publicly available because I believe that knowledge is
		
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			essential for the average Muslim to have while
		
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			what we're covering in this course may be
		
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			a bit more advanced that they don't need
		
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			to necessarily know so just be aware of
		
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			these two things as you move forward with
		
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			the course the name of the course was
		
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			adjusted from an introduction to Sharia to an
		
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			introduction to Islamic law because it's covering both
		
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			Fiqh and Sharia and we've added short videos
		
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			two of them are already up to help
		
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			supplement these lectures so that people can understand
		
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			Islamic law better and also those shorter lectures
		
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			are publicly available they're not just available to
		
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			the students of this course unlike these longer
		
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			lectures With that, let's get into today's topic
		
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			Today I want to share with you an
		
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			overview and introduction to the science of Usul
		
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			-ul-Fiqh the methodology of Fiqh because you
		
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			cannot really understand how the Muslim world worked
		
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			and how Sharia worked and how Sharia courts
		
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			worked if you don't understand how did scholars
		
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			decide on Fiqh rulings in the first place
		
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			right?
		
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			and that's essentially what we're going to cover
		
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			today how did they do it?
		
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			There are some notes you can read through
		
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			I'm not going to go through the notes
		
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			in this video I would highly recommend that
		
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			you read through the opening chapters of Dr.
		
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			Bilal Philip's Evolution of Fiqh as well as
		
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			chapter 2 of Dr. Wael Halak's Introduction to
		
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			Islamic Law because they do explain this topic
		
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			in a good amount of details as does
		
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			some of the opening chapters of Nuruddin Lembu's
		
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			book Sharia Intelligence they all explain this concept
		
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			quite well but today's discussion is basically how
		
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			do scholars form their opinions?
		
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			why are there differences of opinion?
		
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			how do we deal with differences of opinion?
		
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			and why can't anyone just have opinions on
		
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			Fiqh?
		
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			right?
		
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			so I think I'll start with the last
		
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			question first I think it's understood in most
		
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			fields that every field or science has its
		
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			experts and that you trust the experts when
		
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			it comes to the knowledge in that field
		
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			now in our times this is a bit
		
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			more difficult for people to accept for a
		
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			number of reasons number one a lot of
		
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			people have lost faith in Islamic scholarship and
		
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			we'll come to that later in the course
		
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			when we explain how things went downhill in
		
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			the past 200 years that makes some people
		
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			mistrust Islamic scholars right?
		
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			and we'll deal with that later the other
		
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			thing is in the age of post-modernism
		
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			there's a lot of skepticism towards any kind
		
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			of expert right?
		
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			so see with the younger generation people are
		
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			skeptical about medical experts about economic experts about
		
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			anything so to tell them to trust the
		
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			experts when it comes to Islamic law is
		
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			difficult but nonetheless this is the way Islamic
		
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			law has existed since the first generation even
		
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			amongst the Sahaba there were certain Sahaba who
		
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			understood the law better than others and the
		
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			other Sahaba would defer to them for judgements
		
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			on fixed issues on issues related to Islamic
		
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			law so for example scholars like Abdullah ibn
		
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			Abbas Abdullah ibn Mas'ud Aisha binti Abi
		
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			Bakr and the four Khalifas Abu Bakr, Umar,
		
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			Uthman and Ali these were scholars that other
		
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			Sahaba would turn to for advice who would
		
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			seek an opinion from the majority of the
		
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			Sahaba would not try to arrive at their
		
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			own conclusions on matters of Fiqh they would
		
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			rather ask somebody who understands the text better
		
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			because Fiqh is a science and there's a
		
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			methodology to it there's a way of arriving
		
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			at a conclusion and if you don't have
		
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			a clear set methodology you can be all
		
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			over the place and this is what we're
		
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			seeing happening in our times people who don't
		
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			have a methodology to Fiqh and who are
		
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			approaching the text directly mostly through translations end
		
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			up with extremely bizarre misinterpretations of the text
		
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			and this is because they're not following the
		
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			proper process of doing this there is a
		
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			science to understanding Islamic law let's take another
		
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			step back I'm talking about Fiqh now you
		
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			may be wondering what's the difference between Fiqh
		
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			and Sharia for that I highly recommend seeing
		
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			the opening chapter of Dr. Bilal Philip's book
		
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			The Evolution of Fiqh but just to summarize
		
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			the Sharia refers to the primary laws of
		
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			Islam that which is definitive, clear cut, agreed
		
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			upon there's no room for difference of opinion
		
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			it's very clear what the Quran says these
		
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			are very few there are actually very few
		
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			laws that are that clear and that we
		
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			follow that strictly and these are things that
		
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			are known of the religion by necessity those
		
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			things that are known of the religion by
		
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			necessity like there's five daily Salah there's no
		
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			difference of opinion about that praying five times
		
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			a day is following the Sharia fasting the
		
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			month of Ramadan being an obligation that is
		
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			following the Sharia the fact of fornication alcohol
		
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			gambling stealing homosexuality all of these things are
		
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			haram is again known of the religion by
		
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			necessity this is the Sharia what is Fiqh?
		
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			Fiqh means to understand Fiqh is an interpretation
		
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			of the Sharia because the Sharia laid down
		
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			the primary laws and principles for applying those
		
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			laws but the Sharia was left open to
		
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			interpretation and flexible enough that it could be
		
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			applied in every era and could be applied
		
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			to new topics and this is where Usul
		
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			-ul-Fiqh comes in the role of the
		
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			scholars is to master Usul-ul-Fiqh and
		
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			then to use Usul-ul-Fiqh to derive
		
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			rulings for their times so Usul-ul-Fiqh
		
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			means your methodology of interpreting the law you
		
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			need a methodology to figure things out right
		
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			and there are essentially over time four methodologies
		
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			of Fiqh that became the standard the Hanafi,
		
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			Shafi, Maliki and Hambali methodologies became the standard
		
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			in the early years of Islam there were
		
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			many other methodologies of Fiqh there were many
		
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			other scholars who had their own approaches to
		
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			Fiqh and they had their own students and
		
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			their own followers but over time it was
		
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			streamlined to four because these four became the
		
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			most practical the most observed the ones that
		
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			had the most political power behind them and
		
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			the ones that gained the most students you
		
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			may be wondering but why not just one
		
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			why is there more than one this is
		
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			a question a lot of young people have
		
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			why is there more than one Madhhab of
		
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			Fiqh why is there more than one Madhhab
		
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			of Waqidah why are there differences of opinion
		
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			in the first place Islam is clear there
		
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			is only one God and one Quran shouldn't
		
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			there be one opinion on every issue and
		
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			the best answer is this is the way
		
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			Allah wanted it to be this is how
		
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			Allah wanted it to be Allah subhanahu wa
		
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			ta'ala out of His perfect mercy and
		
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			wisdom left a lot of things open to
		
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			interpretation so that the religion does not become
		
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			unnecessarily strict and difficult to follow and this
		
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			was the answer of the great Khalifa Umar
		
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			ibn Abdul Aziz rahimahu Allah when he was
		
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			asked this question when he was asked about
		
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			why were there differences of opinion amongst the
		
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			Sahaba he said that this is from Allah's
		
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			mercy so that the religion does not become
		
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			difficult and he said that I am happy
		
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			that they had differences otherwise Islam would have
		
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			been very difficult to follow so it's Allah's
		
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			mercy Allah knows that He created humans diverse
		
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			we are diverse in the ways we think
		
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			we are diverse in the way we interpret
		
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			a text we are diverse in how we
		
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			understand a specific topic we are diverse in
		
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			our cultures our languages and the Sharia is
		
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			designed to encompass this diversity to in a
		
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			way celebrate this diversity that under Sharia you
		
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			can have a variety of cultures a variety
		
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			of languages a variety of civilizations a variety
		
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			of fiqh opinions a variety of Aqidah opinions
		
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			and all of it would be acceptable because
		
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			the Sharia is encompassing enough to include all
		
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			of this but there are limits there are
		
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			limits to what is acceptable there are red
		
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			lines that cannot be crossed this is in
		
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			general those things that are known of the
		
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			religion by necessity those things that are agreed
		
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			upon there is no room for difference of
		
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			opinion but the main topic we are going
		
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			to talk about today is what is Usul
		
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			al-Fiqh and how does it work now
		
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			Usul al-Fiqh is actually a very advanced
		
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			science and it is something that you only
		
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			study late into your scholarly career meaning if
		
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			you had to embark on a journey of
		
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			seeking Islamic knowledge to become a scholar you
		
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			would start with studying Arabic and basic fiqh
		
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			and some other basic subjects and then you
		
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			build upon that and it is only later
		
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			on in your third or fourth year that
		
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			you actually start to dive deep into Usul
		
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			al-Fiqh there are some universities that teach
		
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			Usul al-Fiqh in the first year but
		
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			it is generally agreed upon that people's minds
		
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			aren't ready to understand it yet at that
		
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			level right that you really need a lot
		
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			more training and familiarity with the text and
		
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			with the terminology of fiqh before you do
		
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			a deep dive into Usul al-Fiqh so
		
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			it is a very advanced scholarly field that
		
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			is meant for training mujtahids for training people
		
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			who are capable of deriving Islamic law of
		
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			interpreting Islamic law and so it is not
		
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			taught to the layman it is not taught
		
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			to the earlier students it is taught at
		
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			a much more advanced level so then what
		
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			are we doing now?
		
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			well we are not doing that I am
		
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			not teaching you Usul al-Fiqh it would
		
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			take a whole 45 hours to teach you
		
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			Usul al-Fiqh or more right I do
		
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			have attached to this course some introductory level
		
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			lectures to all of the main Usul al
		
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			-Fiqh that you can watch but that doesn't
		
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			give you the ability to do fiqh it
		
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			just explains to you how the scholars do
		
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			fiqh what we are doing with this session
		
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			is I am simply explaining to you what
		
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			Usul al-Fiqh is what the basics of
		
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			it are and why the scholars need this
		
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			to interpret the law so Usul al-Fiqh
		
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			simply means that a scholar has a methodology
		
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			that he follows to arrive at fiqh conclusions
		
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			he has a methodology and as I said
		
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			over time these methodologies became streamlined to just
		
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			4 Hanafi Maliki Shafi and Hanbali a lot
		
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			of people misunderstand they think it's just following
		
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			4 scholars no it's following 4 methodologies and
		
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			within these methodologies there are hundreds and perhaps
		
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			thousands of scholars who use these methodologies and
		
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			sometimes arrive at different conclusions from each other
		
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			but the methodology was consistent now having a
		
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			set methodology is important because this means your
		
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			conclusions will be consistent they will not contradict
		
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			each other because if you are following the
		
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			Maliki method in some issues and the Hanafi
		
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			method in other issues you are going to
		
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			end up with opinions that contradict each other
		
00:14:37 --> 00:14:38
			right you are not going to have any
		
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			consistency in the conclusions that you come to
		
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			so very early on scholars developed methodologies of
		
00:14:47 --> 00:14:49
			fiqh and they used these to be consistent
		
00:14:49 --> 00:14:52
			in how they handled and interpreted Islamic law
		
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			we can trace the first examples of a
		
00:14:55 --> 00:14:59
			split in methodology to the sahaba amongst the
		
00:14:59 --> 00:15:01
			sahaba the best examples of a split in
		
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			methodology is Abdullah ibn Umar and Abdullah ibn
		
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			Mas'ud may Allah be pleased with both
		
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			of them Abdullah ibn Umar the son of
		
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			Umar ibn Khattab was one of the greatest
		
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			scholars of fiqh and he his approach to
		
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			fiqh was more literalist meaning if the hadith
		
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			said it he followed it whatever the prophet
		
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			s.a.w. said he would follow it
		
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			to the letter Abdullah ibn Mas'ud was
		
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			one of the first sahaba one of the
		
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			first Muslims he spent a lot more time
		
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			with Rasulullah s.a.w. than Abdullah ibn
		
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			Umar did and he developed a very different
		
00:15:42 --> 00:15:45
			methodology towards fiqh his methodology towards fiqh was
		
00:15:45 --> 00:15:49
			more rational in that he would study the
		
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			hadith try to understand the rational behind the
		
00:15:52 --> 00:15:55
			hadith the reasoning behind it was there a
		
00:15:55 --> 00:15:57
			reason for him to say this was there
		
00:15:57 --> 00:15:59
			a context between it happened and he had
		
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			a very different approach to the hadith so
		
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			what happens is within the very first generation
		
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			of Islam we end up with this split
		
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			where some scholars would see a hadith and
		
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			say the prophet said this this is what
		
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			we are following others ended up with the
		
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			approach of the prophet said this but he
		
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			meant that and they would follow what they
		
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			believed he meant and so this shows now
		
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			two methodologies of interpreting the text which led
		
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			to differences of opinion in fiqh we see
		
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			this play out in real time during the
		
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			lifetime of the prophet s.a.w. in
		
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			the famous incident of Banu Quraida where the
		
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			prophet s.a.w. after the victory at
		
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			the battle of the trench he told the
		
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			army to march towards Banu Quraida because they
		
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			had betrayed the Muslims in this battle and
		
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			they needed to be doubted for their betrayal
		
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			and so he told them none of you
		
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			should pray salatul asr until you get to
		
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			Banu Quraida so what happens is the army
		
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			leaves and they march towards Banu Quraida and
		
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			asr time is about to end so one
		
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			half says the prophet said don't pray asr
		
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			until you get to Banu Quraida so we
		
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			are going to follow what the prophet said
		
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			and they delayed asr it became qada and
		
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			they prayed till the embargo time in Banu
		
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			Quraida another group said the prophet said that
		
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			but that's not what he meant he simply
		
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			meant hurry up get there as quickly as
		
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			possible he didn't mean we must miss our
		
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			salat and make it qada so they stopped
		
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			and they prayed salatul asr and they continued
		
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			their journey interestingly the prophet did not chastise
		
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			either group he did not say that either
		
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			group were wrong setting the precedence from the
		
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			first generation that there will be differences of
		
00:17:47 --> 00:17:50
			opinion in fiqh there will be different methodologies
		
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			in fiqh and both methods are valid both
		
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			approaches are valid those who take the law
		
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			very literally and those who look at what
		
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			did the prophet mean by this both methods
		
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			are valid and so we see this in
		
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			the second generation it becomes a bit more
		
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			systemized so in the second generation it now
		
00:18:09 --> 00:18:11
			becomes known as two separate groups in the
		
00:18:11 --> 00:18:13
			approach to fiqh in the first generation it's
		
00:18:13 --> 00:18:16
			named after specific sahaba but now in the
		
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			second generation they're now known as separate groups
		
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			so now we have the emergence of what's
		
00:18:20 --> 00:18:24
			known as Ahlul Hadith and Ahlul Roy Ahlul
		
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			Hadith those who follow the letter of the
		
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			law Ahlul Roy those who follow rationality now
		
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			again don't take these terms too literally they
		
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			simply meant to define two different groups one
		
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			group would take the law very literally and
		
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			they would follow whatever the hadith said in
		
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			a literal manner the other group would look
		
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			more at what did the prophet mean by
		
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			this and follow the interpretation of the hadith
		
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			and so now we see it starting to
		
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			evolve and it's really in the third and
		
00:18:54 --> 00:18:58
			fourth generations of Islam that concrete methodologies were
		
00:18:58 --> 00:19:02
			developed that would be followed by the scholars
		
00:19:02 --> 00:19:06
			until today and about twenty different methodologies were
		
00:19:06 --> 00:19:09
			developed in this time four of which became
		
00:19:09 --> 00:19:12
			mainstream right and those four being the Hanafi
		
00:19:12 --> 00:19:15
			Maliki Shafi and Hanbali in fact it was
		
00:19:15 --> 00:19:17
			Imam Ashafi who was the first person to
		
00:19:17 --> 00:19:20
			write a book on this topic Imam Ashafi
		
00:19:20 --> 00:19:23
			wrote his book the Risala which is the
		
00:19:23 --> 00:19:26
			first book on methodology of fiqh and he
		
00:19:26 --> 00:19:28
			wrote this because he realised that in his
		
00:19:28 --> 00:19:30
			time a lot of people were not being
		
00:19:30 --> 00:19:35
			consistent in how they interpreted the law so
		
00:19:35 --> 00:19:41
			to create a sense of consistency he codified
		
00:19:41 --> 00:19:44
			his methodology and set it in writing and
		
00:19:44 --> 00:19:46
			this set a new precedence in the ummah
		
00:19:46 --> 00:19:48
			which is that scholars would now write on
		
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			this topic so this now became a field
		
00:19:50 --> 00:19:52
			to write about and many hundreds of books
		
00:19:52 --> 00:19:55
			have been written over the centuries by scholars
		
00:19:55 --> 00:20:00
			across all of the different madhabs so one
		
00:20:00 --> 00:20:02
			of the differences in these methodologies I've already
		
00:20:02 --> 00:20:06
			mentioned one difference which is that some methodologies
		
00:20:06 --> 00:20:09
			are more literalist than others while others are
		
00:20:09 --> 00:20:12
			more they focus more on the meaning of
		
00:20:12 --> 00:20:14
			what was said let me give you some
		
00:20:14 --> 00:20:16
			examples of that before we jump into other
		
00:20:16 --> 00:20:21
			differences between fiqh methodologies so an example of
		
00:20:21 --> 00:20:24
			where some scholars take something more literally while
		
00:20:24 --> 00:20:26
			others look at what did he mean is
		
00:20:26 --> 00:20:30
			the hadith that where the prophet said whoever's
		
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			pants is below their ankles it will be
		
00:20:32 --> 00:20:35
			in the hellfire so some scholars take the
		
00:20:35 --> 00:20:37
			hadith literally and they say it's haram to
		
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			have your pants below your ankles right other
		
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			scholars say no he didn't mean that he
		
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			meant don't dress in an arrogant way because
		
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			the way to show arrogance in that generation
		
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			was that people will wear these long flowing
		
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			robes that will drag on the ground to
		
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			show that they can afford more clothing than
		
00:20:53 --> 00:20:56
			everybody else so one group said the prophet
		
00:20:56 --> 00:20:59
			said this therefore this is haram the other
		
00:20:59 --> 00:21:01
			group said no he didn't mean that this
		
00:21:01 --> 00:21:02
			is what he meant and so this is
		
00:21:02 --> 00:21:07
			haram so here's the point neither group is
		
00:21:07 --> 00:21:09
			denying the hadith neither group is rejecting the
		
00:21:09 --> 00:21:11
			hadith this is a point that's lost on
		
00:21:11 --> 00:21:12
			a lot of people these days a lot
		
00:21:12 --> 00:21:14
			of people these days when they hear that
		
00:21:14 --> 00:21:16
			somebody believes it's fine for the pants below
		
00:21:16 --> 00:21:18
			their ankles they say oh you're rejecting the
		
00:21:18 --> 00:21:22
			hadith no they're not rejecting the hadith they
		
00:21:22 --> 00:21:25
			interpret the hadith differently from how you do
		
00:21:26 --> 00:21:28
			it takes a bit of maturity to understand
		
00:21:28 --> 00:21:31
			this and accept this people in general most
		
00:21:31 --> 00:21:35
			Muslims in general especially ulama do not reject
		
00:21:35 --> 00:21:40
			hadith they simply interpret it differently from how
		
00:21:40 --> 00:21:42
			you interpreting it that they are looking at
		
00:21:42 --> 00:21:44
			it from a different perspective from how you
		
00:21:44 --> 00:21:47
			are looking at it right and there are
		
00:21:47 --> 00:21:50
			many examples of this in the hadith there
		
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			are many hadiths where the prophet s.a
		
00:21:53 --> 00:21:56
			.w. said something some people took it literally
		
00:21:56 --> 00:21:59
			others took it in a hyperbolic manner others
		
00:21:59 --> 00:22:01
			took it as a metaphor others took it
		
00:22:01 --> 00:22:03
			contextually and you end up with a variety
		
00:22:03 --> 00:22:06
			of interpretations it is from the mercy of
		
00:22:06 --> 00:22:09
			Allah that all of these methodologies are acceptable
		
00:22:09 --> 00:22:13
			and all of these interpretations will be acceptable
		
00:22:13 --> 00:22:14
			on the day of judgement as long as
		
00:22:14 --> 00:22:16
			they conform within the spectrum of what is
		
00:22:17 --> 00:22:22
			orthodox Islam so when you look at the
		
00:22:22 --> 00:22:25
			context we look at the concept of usul
		
00:22:25 --> 00:22:28
			ul fiqh the first and the most obvious
		
00:22:28 --> 00:22:31
			difference is when you see something in the
		
00:22:31 --> 00:22:34
			text the Quran or the hadith do you
		
00:22:34 --> 00:22:36
			take it literally or do you look at
		
00:22:36 --> 00:22:37
			what was meant look at an example of
		
00:22:37 --> 00:22:39
			this from the Quran is the verse of
		
00:22:39 --> 00:22:41
			the Quran where Allah says that if you
		
00:22:41 --> 00:22:43
			touch a woman and you cannot find water
		
00:22:43 --> 00:22:48
			you should make tayammum touch a woman Imam
		
00:22:48 --> 00:22:49
			Shafi'i took it literally so in the
		
00:22:49 --> 00:22:52
			Shafi'i madhhab touching a woman literally just
		
00:22:52 --> 00:22:55
			touching like that breaks the wudu the malikis
		
00:22:55 --> 00:22:57
			and humblies added some context to it they
		
00:22:57 --> 00:22:59
			said touching here means touching with desire so
		
00:22:59 --> 00:23:01
			they considered kissing and things like that to
		
00:23:01 --> 00:23:04
			break the wudu and the Hanafis took this
		
00:23:04 --> 00:23:07
			completely metaphorically they said touching a woman means
		
00:23:08 --> 00:23:11
			having * right and so they said that
		
00:23:11 --> 00:23:13
			breaks ghusl and that this verse has nothing
		
00:23:13 --> 00:23:16
			to do with wudu so nobody is rejecting
		
00:23:16 --> 00:23:19
			this verse but there is a spectrum of
		
00:23:19 --> 00:23:22
			interpretation of this verse and whichever of those
		
00:23:22 --> 00:23:24
			opinions you are following you are safe and
		
00:23:24 --> 00:23:26
			you are within the realm of what is
		
00:23:26 --> 00:23:29
			acceptable and Allah will have mercy on you
		
00:23:29 --> 00:23:31
			regardless of which of these opinions you are
		
00:23:31 --> 00:23:36
			following so what are the other differences between
		
00:23:36 --> 00:23:40
			the various methodologies of fiqh first let's talk
		
00:23:40 --> 00:23:43
			about what they agree upon within Sunni Islam
		
00:23:43 --> 00:23:47
			there are certain aspects of the methodologies of
		
00:23:47 --> 00:23:51
			fiqh that all Sunni Muslims agree upon right
		
00:23:51 --> 00:23:54
			and the differences are normally in the subtleties
		
00:23:54 --> 00:23:57
			the nuances of it but the essentials are
		
00:23:57 --> 00:24:00
			agreed upon so what are these essentials well
		
00:24:00 --> 00:24:04
			Dr. Wael Halak divides them into the rational
		
00:24:04 --> 00:24:09
			and revelation forms of sources of law right
		
00:24:09 --> 00:24:13
			as do many others the revealed sources of
		
00:24:13 --> 00:24:16
			law agreed upon by all of the madhab
		
00:24:16 --> 00:24:19
			are the Quran and Sunnah we have a
		
00:24:19 --> 00:24:21
			lot of people today who say they follow
		
00:24:21 --> 00:24:23
			the Quran and Sunnah and they don't follow
		
00:24:23 --> 00:24:26
			a madhab because the madhabs contradict the Quran
		
00:24:26 --> 00:24:29
			and Sunnah this is a very naive approach
		
00:24:29 --> 00:24:33
			to fiqh there is no madhab that contradicts
		
00:24:33 --> 00:24:36
			the Quran and Sunnah by the very definition
		
00:24:36 --> 00:24:40
			of the Usul every madhab follows the Quran
		
00:24:40 --> 00:24:43
			and Sunnah the difference is in how they
		
00:24:43 --> 00:24:46
			interpret the Quran and Sunnah and also what
		
00:24:46 --> 00:24:49
			they consider to be acceptable sources of the
		
00:24:49 --> 00:24:51
			Sunnah we'll get to that in a bit
		
00:24:51 --> 00:24:55
			so let's start with this all Sunni Muslims
		
00:24:56 --> 00:25:00
			regardless of what madhab they follow agree that
		
00:25:00 --> 00:25:03
			the revealed sources of Islamic law are the
		
00:25:03 --> 00:25:07
			Quran and the Sunnah and the bulk of
		
00:25:07 --> 00:25:09
			our laws come from the Sunnah not the
		
00:25:09 --> 00:25:13
			Quran because the Quran does not discuss a
		
00:25:13 --> 00:25:16
			lot of rulings the Quran focuses more on
		
00:25:16 --> 00:25:20
			our beliefs on our morality on our spirituality
		
00:25:20 --> 00:25:23
			on guidance on stories of the past there's
		
00:25:23 --> 00:25:25
			not much in the Quran related to law
		
00:25:26 --> 00:25:28
			the bulk of the law comes from the
		
00:25:28 --> 00:25:31
			Sunnah now they will defer on what the
		
00:25:31 --> 00:25:34
			Sunnah is and how to interpret it but
		
00:25:34 --> 00:25:38
			every madhab agrees we follow Quran and Sunnah
		
00:25:38 --> 00:25:42
			what else do we follow every madhab to
		
00:25:42 --> 00:25:44
			some extent or the other also agrees that
		
00:25:44 --> 00:25:49
			we follow Ijma Ijma means the consensus of
		
00:25:49 --> 00:25:52
			the Ummah now they have differences of opinion
		
00:25:52 --> 00:25:56
			on what is Ijma and what level of
		
00:25:56 --> 00:25:58
			Ijma do we follow and what counts as
		
00:25:58 --> 00:26:00
			Ijma but they all agree on the concept
		
00:26:00 --> 00:26:05
			of Ijma so we all agree that if
		
00:26:05 --> 00:26:08
			the Ummah the Muslim collectively as a whole
		
00:26:09 --> 00:26:13
			believe something it must be true right but
		
00:26:14 --> 00:26:16
			some of them say this applies only to
		
00:26:16 --> 00:26:18
			the first generation some say it can apply
		
00:26:18 --> 00:26:22
			to any generation in history but in terms
		
00:26:22 --> 00:26:24
			of actual practice we tend to follow it
		
00:26:24 --> 00:26:29
			only with the first generation so for example
		
00:26:31 --> 00:26:35
			the entire Ummah in the first generation right
		
00:26:35 --> 00:26:40
			until recently agreed that homosexuality is a major
		
00:26:40 --> 00:26:43
			sin to act on those desires is a
		
00:26:43 --> 00:26:46
			major sin this is a matter of Ijma
		
00:26:46 --> 00:26:50
			so whichever madhab you follow you're going to
		
00:26:50 --> 00:26:52
			believe this you have to follow this because
		
00:26:52 --> 00:26:55
			this is now an agreed upon ruling in
		
00:26:55 --> 00:26:57
			the Sharia there's no room for difference of
		
00:26:57 --> 00:27:00
			opinion right there's no room for difference of
		
00:27:00 --> 00:27:02
			opinion on things where the Ijma is established
		
00:27:02 --> 00:27:04
			so a couple of points here number one
		
00:27:04 --> 00:27:08
			there's disagreements of what counts as Ijma number
		
00:27:08 --> 00:27:10
			two a lot of things today that people
		
00:27:10 --> 00:27:15
			claim Ijma is actually no Ijma right it's
		
00:27:15 --> 00:27:18
			just it's become like a a card that
		
00:27:18 --> 00:27:20
			people use when they're trying to silence debate
		
00:27:21 --> 00:27:24
			you know that there's a genuine Ijma on
		
00:27:24 --> 00:27:27
			a topic when all of the Muslims of
		
00:27:27 --> 00:27:29
			the past give you the exact same opinion
		
00:27:29 --> 00:27:32
			on that topic that's when you know there's
		
00:27:32 --> 00:27:35
			a genuine Ijma so for example the prohibition
		
00:27:35 --> 00:27:38
			of Zina there's Ijma the prohibition of alcohol
		
00:27:38 --> 00:27:40
			there's Ijma that there are five daily solar
		
00:27:40 --> 00:27:43
			there's Ijma right so this is the third
		
00:27:43 --> 00:27:46
			principle of Ijma which means consensus which means
		
00:27:46 --> 00:27:50
			consensus in Islam means there are no disagreements
		
00:27:50 --> 00:27:53
			there are no disagreements amongst the senior scholars
		
00:27:53 --> 00:27:59
			of that generation maybe in later times there
		
00:27:59 --> 00:28:01
			may have been one or two dissenting voices
		
00:28:01 --> 00:28:04
			but that does not contradict Ijma we're talking
		
00:28:04 --> 00:28:06
			about the senior scholars of the first few
		
00:28:06 --> 00:28:10
			generations linked to Ijma most of the Madhhabs
		
00:28:10 --> 00:28:13
			also agree that we can take fiqh from
		
00:28:13 --> 00:28:17
			the opinions of the Sahaba so if a
		
00:28:17 --> 00:28:20
			scholar is dealing with a fiqh issue that's
		
00:28:20 --> 00:28:22
			not mentioned in the Quran it's not mentioned
		
00:28:22 --> 00:28:25
			in the Hadith and there's no Ijma on
		
00:28:25 --> 00:28:28
			it the next step would be to look
		
00:28:28 --> 00:28:31
			at did the Sahaba discuss it and if
		
00:28:31 --> 00:28:34
			the Sahaba discussed it then they would consider
		
00:28:34 --> 00:28:36
			it part of the religion to follow the
		
00:28:36 --> 00:28:39
			opinions of the Sahaba because the Sahaba understood
		
00:28:39 --> 00:28:43
			Islam better than we did now again there's
		
00:28:43 --> 00:28:47
			a difference of opinion on what level of
		
00:28:47 --> 00:28:51
			following the Sahaba is necessary and does this
		
00:28:51 --> 00:28:53
			mean only the consensus of the Sahaba or
		
00:28:53 --> 00:28:57
			the individual opinions as well and the individual
		
00:28:57 --> 00:28:59
			opinions if it's something that the majority of
		
00:28:59 --> 00:29:01
			the Sahaba held or only one Sahabi held
		
00:29:01 --> 00:29:05
			right but in general Ahlul Sunnah wal Jamaah
		
00:29:05 --> 00:29:07
			the people of the Sunnah and the community
		
00:29:07 --> 00:29:12
			follow the Quran follow the Sunnah follow the
		
00:29:12 --> 00:29:16
			consensus and follow the Sahaba a fifth principle
		
00:29:16 --> 00:29:18
			that they all agree upon is the rational
		
00:29:18 --> 00:29:23
			source of Islamic law called Qiyas Qiyas or
		
00:29:23 --> 00:29:30
			logical deduction rational deduction and Qiyas simply means
		
00:29:30 --> 00:29:35
			that when dealing with a new case you
		
00:29:35 --> 00:29:39
			find something similar in the Quran and Sunnah
		
00:29:40 --> 00:29:44
			and you apply a similar ruling for example
		
00:29:45 --> 00:29:49
			when drugs were invented in modern day recreational
		
00:29:49 --> 00:29:54
			drugs that made people intoxicated or high scholars
		
00:29:54 --> 00:29:57
			would do Qiyas and they would say ok
		
00:29:59 --> 00:30:01
			recreational drugs are not mentioned in the Quran
		
00:30:01 --> 00:30:04
			and Sunnah the Sahaba never discussed them but
		
00:30:05 --> 00:30:09
			Allah subhanahu wa ta'ala prohibited all intoxicants
		
00:30:09 --> 00:30:13
			and the Prophet said anything that intoxicates in
		
00:30:13 --> 00:30:17
			large quantities is prohibited in small quantities and
		
00:30:17 --> 00:30:18
			even though we know that this verse of
		
00:30:18 --> 00:30:21
			the Quran and this hadith are referring to
		
00:30:21 --> 00:30:24
			drinks to alcohol to wine but we can
		
00:30:24 --> 00:30:30
			do Qiyas and say that just as wine
		
00:30:30 --> 00:30:34
			is prohibited because it intoxicates recreational drugs are
		
00:30:34 --> 00:30:37
			also prohibited because they intoxicate so this is
		
00:30:37 --> 00:30:40
			Qiyas you are taking the ruling of something
		
00:30:40 --> 00:30:41
			that is established in the Quran and Sunnah
		
00:30:41 --> 00:30:45
			and applying it to something new because they
		
00:30:45 --> 00:30:48
			share the reason of prohibition this is the
		
00:30:48 --> 00:30:52
			key point they share the reason for prohibition
		
00:30:52 --> 00:30:56
			why is alcohol prohibited because it intoxicates you
		
00:30:56 --> 00:31:00
			do drugs intoxicate you yes they do therefore
		
00:31:00 --> 00:31:04
			it's also prohibited this is called Qiyas this
		
00:31:04 --> 00:31:08
			is called a a rational deduction based on
		
00:31:08 --> 00:31:10
			Quran and Sunnah and I would argue that
		
00:31:10 --> 00:31:13
			the bulk of fiqh today comes from Qiyas
		
00:31:13 --> 00:31:15
			and this is the area where you are
		
00:31:15 --> 00:31:18
			going to find most differences of opinion the
		
00:31:18 --> 00:31:21
			majority of differences of opinion on modern day
		
00:31:21 --> 00:31:24
			fiqh come from the area of Qiyas why
		
00:31:24 --> 00:31:27
			because people's brains work in different ways so
		
00:31:27 --> 00:31:30
			people have different methods of rational deduction and
		
00:31:30 --> 00:31:34
			so if three people are doing rational deduction
		
00:31:34 --> 00:31:36
			on one issue you're going to end up
		
00:31:36 --> 00:31:39
			with three different opinions and that's just the
		
00:31:39 --> 00:31:41
			nature of fiqh and that's how it's always
		
00:31:41 --> 00:31:44
			been from the very first generation now whenever
		
00:31:44 --> 00:31:47
			they were introduced to something new that was
		
00:31:47 --> 00:31:50
			not explicitly mentioned in the Quran or in
		
00:31:50 --> 00:31:54
			the Sunnah they would do Qiyas and based
		
00:31:54 --> 00:31:58
			on that Qiyas they would they would come
		
00:31:58 --> 00:32:00
			to a conclusion now it's also important to
		
00:32:00 --> 00:32:03
			note that Qiyas is completely is considered zonni
		
00:32:03 --> 00:32:08
			speculative meaning whatever result you arrive at through
		
00:32:08 --> 00:32:10
			your Qiyas you have to be open to
		
00:32:10 --> 00:32:13
			the possibility that I'm wrong you have to
		
00:32:13 --> 00:32:15
			be open to the possibility that somebody else's
		
00:32:15 --> 00:32:17
			Qiyas is right and your Qiyas is wrong
		
00:32:17 --> 00:32:19
			as long as there's no consensus on the
		
00:32:19 --> 00:32:21
			issue and by the way it is possible
		
00:32:21 --> 00:32:25
			although not very common to arrive at a
		
00:32:25 --> 00:32:29
			consensus through Qiyas because normally Qiyas leads to
		
00:32:29 --> 00:32:31
			different conclusions but it is possible to arrive
		
00:32:31 --> 00:32:34
			at a consensus so for example I don't
		
00:32:34 --> 00:32:36
			know of any difference of opinion on recreational
		
00:32:36 --> 00:32:39
			drugs being haram unless it's medical usage or
		
00:32:39 --> 00:32:46
			emergencies so even though one can say that
		
00:32:46 --> 00:32:47
			that's Qiyas but that's also a matter of
		
00:32:47 --> 00:32:51
			Ijma that all intoxicants are prohibited so that
		
00:32:51 --> 00:32:55
			is possible as well so all of the
		
00:32:55 --> 00:32:59
			scholars of Fiqh from across all from Madhabs
		
00:32:59 --> 00:33:00
			and even those who don't follow a Madhab
		
00:33:00 --> 00:33:03
			they all agree upon these points that we
		
00:33:03 --> 00:33:07
			derive our laws from the Quran from the
		
00:33:07 --> 00:33:10
			Sunnah from the consensus of early Muslims from
		
00:33:10 --> 00:33:13
			the opinions of the Sahaba and if none
		
00:33:13 --> 00:33:16
			of that is available through rational deduction Qiyas
		
00:33:17 --> 00:33:19
			so why are there so many differences of
		
00:33:19 --> 00:33:22
			opinion for a number of reasons number one
		
00:33:22 --> 00:33:25
			there are other Usul of Fiqh that some
		
00:33:25 --> 00:33:28
			Madhabs follow and other Madhabs don't number two
		
00:33:28 --> 00:33:32
			there are different approaches to each of these
		
00:33:32 --> 00:33:35
			topics that I just mentioned so what are
		
00:33:35 --> 00:33:37
			the different approaches to these topics let's look
		
00:33:37 --> 00:33:39
			at the Quran when it comes to the
		
00:33:39 --> 00:33:42
			Quran the scholars may differ on how to
		
00:33:42 --> 00:33:47
			interpret a specific verse that sometimes something is
		
00:33:47 --> 00:33:51
			mentioned in the Quran and scholars understand it
		
00:33:51 --> 00:33:54
			differently from each other for example Allah subhanahu
		
00:33:54 --> 00:33:55
			wa ta'ala tells us in the Quran
		
00:33:55 --> 00:33:58
			to wash our arms up to our elbows
		
00:33:58 --> 00:34:03
			in wudu some scholars would say that means
		
00:34:03 --> 00:34:06
			up to and including the elbows others say
		
00:34:06 --> 00:34:08
			no it's only up to it doesn't include
		
00:34:08 --> 00:34:11
			the elbows this is a difference in interpretation
		
00:34:11 --> 00:34:15
			both interpretations are valid Allah knows best which
		
00:34:15 --> 00:34:17
			one is correct you follow your Madhab and
		
00:34:17 --> 00:34:20
			you be open to the idea that it's
		
00:34:20 --> 00:34:22
			possible that the other opinion was correct instead
		
00:34:23 --> 00:34:25
			and so we have a difference in how
		
00:34:25 --> 00:34:28
			people interpret the Quran we saw that earlier
		
00:34:28 --> 00:34:32
			with the verse about not touching women there
		
00:34:32 --> 00:34:35
			is a difference of opinion in how we
		
00:34:35 --> 00:34:37
			interpret that verse it's the same with Hadith
		
00:34:38 --> 00:34:43
			scholars not only have a difference of opinion
		
00:34:43 --> 00:34:47
			in how to interpret Hadith but also on
		
00:34:47 --> 00:34:51
			other things like what level of authenticity is
		
00:34:51 --> 00:34:54
			needed for a Hadith to be valid in
		
00:34:54 --> 00:34:58
			Fiqh right so there is different levels of
		
00:34:58 --> 00:35:03
			authenticity in Hadith some Hadith are Sahih they
		
00:35:03 --> 00:35:07
			are very authentic others are Hassan they are
		
00:35:07 --> 00:35:10
			acceptable you can still use them but they
		
00:35:10 --> 00:35:11
			are not on the same level as Sahih
		
00:35:11 --> 00:35:13
			some are Da'if they are but weak
		
00:35:13 --> 00:35:15
			some are Da'if Jinnah they are very
		
00:35:15 --> 00:35:18
			weak some are Modu they are fabricated but
		
00:35:18 --> 00:35:20
			there are other ways of measuring Hadith as
		
00:35:20 --> 00:35:22
			well in terms of the number of narrators
		
00:35:22 --> 00:35:24
			now the scholars would look at all of
		
00:35:24 --> 00:35:27
			this so for example in the Hanafi Madhab
		
00:35:27 --> 00:35:30
			a Hadith needs to be narrated from a
		
00:35:30 --> 00:35:33
			variety of people for it to be considered
		
00:35:33 --> 00:35:36
			valid for Fiqh if it's coming from just
		
00:35:36 --> 00:35:39
			one person then it wouldn't be considered strong
		
00:35:39 --> 00:35:42
			enough to build upon what's in the Quran
		
00:35:42 --> 00:35:45
			because the Quran is narrated from so many
		
00:35:45 --> 00:35:47
			people and this Hadith is coming from just
		
00:35:47 --> 00:35:50
			one person furthermore the Hanafi scholars would also
		
00:35:50 --> 00:35:52
			look at is the narrator a scholar or
		
00:35:52 --> 00:35:54
			not if the narrator is a scholar they
		
00:35:54 --> 00:35:57
			would give it more strength and more preference
		
00:35:57 --> 00:35:59
			over a Hadith that's narrated by a non
		
00:35:59 --> 00:36:01
			-scholar because the scholars know more what they're
		
00:36:01 --> 00:36:04
			talking about when it comes to Fiqh the
		
00:36:04 --> 00:36:06
			other Madhabs didn't do this they had their
		
00:36:06 --> 00:36:09
			own methods so in the Humbly Madhab even
		
00:36:09 --> 00:36:11
			if a Hadith was slightly weak but still
		
00:36:11 --> 00:36:15
			acceptable they would still use it in Fiqh
		
00:36:15 --> 00:36:17
			right because they viewed it as we rather
		
00:36:17 --> 00:36:20
			follow the Hadith than following Qiyas so they
		
00:36:20 --> 00:36:24
			had very different approaches to what Hadith can
		
00:36:24 --> 00:36:27
			we follow in Fiqh another example of this
		
00:36:27 --> 00:36:30
			is the Maliki Madhab because I said all
		
00:36:30 --> 00:36:33
			the Madhabs agree upon following Quran and Sunnah
		
00:36:33 --> 00:36:36
			they differed on what to be considered the
		
00:36:36 --> 00:36:39
			Sunnah so until now when we're talking about
		
00:36:39 --> 00:36:41
			Sunnah we're only talking about Hadith but in
		
00:36:41 --> 00:36:43
			the Maliki Madhab there was a different source
		
00:36:43 --> 00:36:46
			for the Sunnah the Maliki's because Imam Malik
		
00:36:46 --> 00:36:49
			lived in Medina and the people around him
		
00:36:49 --> 00:36:52
			were the descendants of the Sahaba he looked
		
00:36:52 --> 00:36:54
			at what they did and he considered it
		
00:36:54 --> 00:36:56
			to be Sunnah why?
		
00:36:56 --> 00:36:57
			I mean if you think about it it
		
00:36:57 --> 00:36:59
			makes a lot of sense right if you
		
00:36:59 --> 00:37:02
			are living in Medina at the time in
		
00:37:02 --> 00:37:05
			which the Sahaba's children are living in Medina
		
00:37:05 --> 00:37:08
			you would assume that whatever methodology they have
		
00:37:08 --> 00:37:11
			in practicing Islam is what they learned from
		
00:37:11 --> 00:37:13
			their parents who were the Sahaba who learned
		
00:37:13 --> 00:37:16
			it from the Prophet and so in the
		
00:37:16 --> 00:37:19
			Maliki Madhab the practice of the people of
		
00:37:19 --> 00:37:22
			Medina at the time of Imam Malik is
		
00:37:22 --> 00:37:25
			considered to be Sunnah a Sunnah passed along
		
00:37:25 --> 00:37:28
			through deeds rather than through words and so
		
00:37:28 --> 00:37:31
			very often he would give preference to the
		
00:37:31 --> 00:37:33
			practice of the people of Medina over a
		
00:37:33 --> 00:37:36
			singular Hadith because a singular Hadith is what
		
00:37:36 --> 00:37:39
			one person is saying the Prophet said but
		
00:37:39 --> 00:37:41
			this is the practice of an entire community
		
00:37:41 --> 00:37:43
			that they learned from their parents that they
		
00:37:43 --> 00:37:47
			learned from the Prophet so Imam Malik considered
		
00:37:47 --> 00:37:50
			the practice of the people of Medina to
		
00:37:50 --> 00:37:53
			be Sunnah the other Madhabs did not so
		
00:37:53 --> 00:37:54
			you're starting to see why there's differences of
		
00:37:54 --> 00:37:55
			opinion right?
		
00:37:56 --> 00:37:58
			firstly they differ on how to interpret Quran
		
00:37:58 --> 00:38:01
			and Sunnah number two they differ on what
		
00:38:01 --> 00:38:04
			is the definition of Sunnah number three they
		
00:38:04 --> 00:38:07
			differ on what level of Hadith is acceptable
		
00:38:07 --> 00:38:08
			in Fiqh right?
		
00:38:09 --> 00:38:13
			even when it comes to for example if
		
00:38:13 --> 00:38:15
			it seems like a Hadith is building upon
		
00:38:15 --> 00:38:20
			or contradicting a verse of the Quran then
		
00:38:20 --> 00:38:22
			in some Madhabs you would follow the Hadith
		
00:38:22 --> 00:38:23
			in other Madhabs you would follow the Quran
		
00:38:24 --> 00:38:25
			right?
		
00:38:27 --> 00:38:28
			I wouldn't think contradicting is the wrong word
		
00:38:28 --> 00:38:32
			there but basically if it's modifying what the
		
00:38:32 --> 00:38:38
			Quran is saying so for example what's the
		
00:38:38 --> 00:38:39
			best example of this?
		
00:38:43 --> 00:38:46
			the prohibition of meat in the Maliki Madhab
		
00:38:47 --> 00:38:49
			in the Maliki Madhab the only type of
		
00:38:49 --> 00:38:51
			meat that is prohibited is what's mentioned in
		
00:38:51 --> 00:38:55
			the Quran because the Hadith prohibiting for example
		
00:38:56 --> 00:38:59
			birds of prey is not considered by Imam
		
00:38:59 --> 00:39:01
			Malik to be strong enough to override the
		
00:39:01 --> 00:39:03
			verse of the Quran and the Quran says
		
00:39:03 --> 00:39:06
			that pork is Haram and carrying is Haram
		
00:39:06 --> 00:39:08
			and anything else is Halal so he's saying
		
00:39:08 --> 00:39:10
			Quran is saying anything else is Halal this
		
00:39:10 --> 00:39:12
			Hadith is singular it doesn't reach that same
		
00:39:12 --> 00:39:13
			level so we're going to go with the
		
00:39:13 --> 00:39:16
			Quran so this Hadith is actually not considered
		
00:39:17 --> 00:39:18
			something that you apply in the Maliki Madhab
		
00:39:18 --> 00:39:21
			because it's not considered strong enough to override
		
00:39:21 --> 00:39:24
			that verse of the Quran so again now
		
00:39:24 --> 00:39:26
			you're starting to see the nuances of Fiqh
		
00:39:26 --> 00:39:28
			and how complex it is as a science
		
00:39:28 --> 00:39:30
			and like I said it's not something that
		
00:39:30 --> 00:39:32
			you can teach in an hour or teach
		
00:39:32 --> 00:39:35
			on the side it's something that's an advanced
		
00:39:35 --> 00:39:37
			science that you have to study with teachers
		
00:39:37 --> 00:39:40
			at a high level after learning Arabic after
		
00:39:40 --> 00:39:42
			learning Fiqh after learning all the basics it's
		
00:39:42 --> 00:39:46
			a very advanced field and in the early
		
00:39:46 --> 00:39:49
			years of Islam the people who went into
		
00:39:49 --> 00:39:51
			Fiqh the people who became the ones who
		
00:39:51 --> 00:39:56
			interpreted the Sharia and gave people the methodologies
		
00:39:56 --> 00:40:00
			of interpretation they were the geniuses of the
		
00:40:00 --> 00:40:03
			community the most intelligent people of the community
		
00:40:03 --> 00:40:06
			and again this is a point that's lost
		
00:40:06 --> 00:40:08
			on many people today because the sad reality
		
00:40:08 --> 00:40:12
			is many people today come from cultures or
		
00:40:12 --> 00:40:16
			communities where the only people who become scholars
		
00:40:16 --> 00:40:18
			of Islam are those who are failing at
		
00:40:18 --> 00:40:22
			school so we end up with a number
		
00:40:22 --> 00:40:26
			one negative attitude towards Islamic scholars but also
		
00:40:26 --> 00:40:28
			we end up with a misreading of history
		
00:40:28 --> 00:40:31
			that we assume that always throughout history that
		
00:40:31 --> 00:40:33
			was the case but it's actually a very
		
00:40:33 --> 00:40:36
			recent phenomenon it's only been for the past
		
00:40:36 --> 00:40:42
			200 years since the Okaf governing Islamic scholarships
		
00:40:42 --> 00:40:47
			were dismantled by the British and after that
		
00:40:47 --> 00:40:50
			there was no money involved in funding Islamic
		
00:40:50 --> 00:40:53
			scholarship that it became a secondary thing that
		
00:40:53 --> 00:40:55
			only those who couldn't manage in other fields
		
00:40:55 --> 00:40:58
			went into for the bulk of our history
		
00:40:58 --> 00:41:01
			for over 1200 years it was the best
		
00:41:01 --> 00:41:03
			of the best who became scholars people like
		
00:41:03 --> 00:41:08
			Imam Bukhari Imam Ashrafi Imam Abu Hanifa Imam
		
00:41:08 --> 00:41:10
			Malik these were all geniuses these were absolute
		
00:41:10 --> 00:41:12
			geniuses in their memory in their intellect in
		
00:41:12 --> 00:41:15
			their ability to understand things I'm mentioning this
		
00:41:15 --> 00:41:17
			because some of us have this myth in
		
00:41:17 --> 00:41:20
			our mind that all scholars are not intelligent
		
00:41:20 --> 00:41:23
			this is a myth based on a modern
		
00:41:23 --> 00:41:26
			problem and we should not be back projecting
		
00:41:26 --> 00:41:29
			that myth onto history the reality is the
		
00:41:29 --> 00:41:32
			bulk of our scholars in history were geniuses
		
00:41:32 --> 00:41:34
			and even today in every community you will
		
00:41:34 --> 00:41:36
			find scholars like that as well they may
		
00:41:36 --> 00:41:39
			not be the majority but Alhamdulillah wherever I've
		
00:41:39 --> 00:41:42
			been in the world I've met amazing intellectual
		
00:41:42 --> 00:41:44
			scholars who are really able to understand the
		
00:41:44 --> 00:41:51
			religion on a deep level ok so where
		
00:41:51 --> 00:41:54
			were we with our main topic we're talking
		
00:41:54 --> 00:42:00
			about Usul Ul Fiqh and we mentioned why
		
00:42:00 --> 00:42:02
			there's differences of opinion you said all the
		
00:42:02 --> 00:42:05
			scholars of Ahlul Sunnah agree in following the
		
00:42:05 --> 00:42:09
			Quran the Sunnah Ijma and Qiyas but again
		
00:42:09 --> 00:42:12
			Qiyas will lead to different conclusions people differ
		
00:42:12 --> 00:42:14
			in how they interpret Quran and Sunnah people
		
00:42:14 --> 00:42:16
			differ in what counts as Sunnah right again
		
00:42:16 --> 00:42:18
			a lot of people don't know this there's
		
00:42:18 --> 00:42:21
			a difference between Hadith and Sunnah and not
		
00:42:21 --> 00:42:25
			every Hadith counts as the Sunnah right so
		
00:42:25 --> 00:42:28
			the Hadith is the text in which the
		
00:42:28 --> 00:42:31
			information is stored what is derived from that
		
00:42:31 --> 00:42:34
			text could be the Sunnah but not always
		
00:42:34 --> 00:42:37
			because again every Madhab has their own methodology
		
00:42:37 --> 00:42:39
			of looking at the text and extracting the
		
00:42:39 --> 00:42:41
			Sunnah from it so when we say we
		
00:42:41 --> 00:42:44
			follow Quran and Sunnah that doesn't mean we
		
00:42:44 --> 00:42:47
			follow every single Hadith no every scholar you
		
00:42:47 --> 00:42:50
			meet will have some Hadith that they don't
		
00:42:50 --> 00:42:52
			follow because they consider Hadith to be weak
		
00:42:52 --> 00:42:56
			or to be abrogated or to be misunderstood
		
00:42:56 --> 00:42:58
			or to be contextual it doesn't mean that
		
00:42:58 --> 00:43:01
			they are rejecting Hadith it simply means they
		
00:43:01 --> 00:43:03
			have a different definition of Sunnah from the
		
00:43:03 --> 00:43:05
			scholars that you are following you see the
		
00:43:05 --> 00:43:07
			more you understand of this the more tolerant
		
00:43:07 --> 00:43:09
			you become to other people's opinions because now
		
00:43:09 --> 00:43:13
			you understand where they're coming from so what
		
00:43:13 --> 00:43:16
			else led to differences of opinion amongst the
		
00:43:16 --> 00:43:19
			scholars of Fiqh the other thing that leads
		
00:43:19 --> 00:43:21
			to differences of opinion amongst scholars of Fiqh
		
00:43:21 --> 00:43:25
			is that they had secondary sources of Islamic
		
00:43:25 --> 00:43:28
			law where they deferred over whether these are
		
00:43:28 --> 00:43:32
			acceptable or not right so for example the
		
00:43:32 --> 00:43:36
			Hanafi Madhab had something called Istihsan and Istihsan
		
00:43:36 --> 00:43:40
			basically means that if the rational deduction is
		
00:43:40 --> 00:43:43
			leading to a conclusion that is too difficult
		
00:43:43 --> 00:43:45
			to apply in society then you can go
		
00:43:45 --> 00:43:48
			with a different opinion which simply means the
		
00:43:48 --> 00:43:51
			Hanafi Madhab looked at Fiqh as a very
		
00:43:51 --> 00:43:54
			practical thing right and they looked at it
		
00:43:54 --> 00:43:56
			from the perspective of making life easy for
		
00:43:56 --> 00:43:58
			the people I know in certain Hanafi communities
		
00:43:58 --> 00:44:01
			this may sound strange but that was what
		
00:44:01 --> 00:44:04
			the original Hanafi Madhab was making things easy
		
00:44:04 --> 00:44:06
			for the people so if a scholar did
		
00:44:06 --> 00:44:09
			Qiyas and his conclusion would make life too
		
00:44:09 --> 00:44:12
			difficult for his community he would ignore his
		
00:44:12 --> 00:44:15
			own Qiyas and follow somebody else's opinion if
		
00:44:15 --> 00:44:20
			it was more practical for society right so
		
00:44:20 --> 00:44:23
			this is a very practical tool for ensuring
		
00:44:23 --> 00:44:27
			that Islamic law is never well overburdensome for
		
00:44:27 --> 00:44:31
			the people and this is again a concept
		
00:44:31 --> 00:44:32
			that I think has been lost in our
		
00:44:32 --> 00:44:35
			times it seems like people in the West
		
00:44:35 --> 00:44:38
			today and English speaking Muslims today seem to
		
00:44:38 --> 00:44:42
			seek out ways to make the religion overburdensome
		
00:44:42 --> 00:44:45
			on themselves and others it's as if we
		
00:44:45 --> 00:44:47
			have this mindset that this religion needs to
		
00:44:47 --> 00:44:49
			be difficult but that's not the case this
		
00:44:49 --> 00:44:51
			religion is meant to be very simple and
		
00:44:51 --> 00:44:55
			practical and so we shouldn't be looking for
		
00:44:55 --> 00:44:57
			ways to complicate things we should be looking
		
00:44:57 --> 00:45:00
			for ways to simplify things so the Hanafi
		
00:45:00 --> 00:45:03
			Madhhab did that through Istihsan the Maliki Madhhab
		
00:45:03 --> 00:45:06
			did that through Maslaha right that they would
		
00:45:06 --> 00:45:09
			look at the concept of the greater good
		
00:45:09 --> 00:45:12
			of the community what would benefit the community
		
00:45:12 --> 00:45:15
			they call this Maslaha and they would derive
		
00:45:15 --> 00:45:16
			a lot of rulings through Maslaha so they
		
00:45:16 --> 00:45:20
			would look at okay is this in the
		
00:45:20 --> 00:45:24
			greater benefit of society and if it is
		
00:45:24 --> 00:45:27
			and there's nothing explicitly prohibiting it in the
		
00:45:27 --> 00:45:29
			Quran and Sunnah they would allow it as
		
00:45:29 --> 00:45:32
			something or they would encourage it right so
		
00:45:32 --> 00:45:35
			they would look at the Maslaha of the
		
00:45:35 --> 00:45:38
			community when deriving secondary rulings now please note
		
00:45:38 --> 00:45:42
			these principles like Istihsan and Maslaha they apply
		
00:45:42 --> 00:45:44
			to secondary rulings normally things that are derived
		
00:45:44 --> 00:45:48
			from Qiyas not from primary rulings meaning you
		
00:45:48 --> 00:45:50
			can't use them to overwrite Quran and Sunnah
		
00:45:50 --> 00:45:53
			with very few exceptions like matters of life
		
00:45:53 --> 00:45:56
			and death and things like that another example
		
00:45:56 --> 00:46:00
			of a principle that was initially disputed and
		
00:46:00 --> 00:46:03
			later became acknowledged by almost all the Madhabs
		
00:46:03 --> 00:46:07
			is the concept of Urf of local culture
		
00:46:11 --> 00:46:13
			and we're going to spend a whole lecture
		
00:46:13 --> 00:46:18
			on this concept separately because understanding the role
		
00:46:18 --> 00:46:22
			of local culture in Fiqh will help you
		
00:46:22 --> 00:46:26
			to appreciate how vast and diverse and flexible
		
00:46:26 --> 00:46:30
			Fiqh is and the vision of what this
		
00:46:30 --> 00:46:32
			Ummah should look like you see many of
		
00:46:32 --> 00:46:37
			us have a misunderstanding that this Ummah needs
		
00:46:37 --> 00:46:41
			to be monocultural that it should be like
		
00:46:41 --> 00:46:43
			one culture for the entire Ummah and we
		
00:46:43 --> 00:46:46
			see this when people try to Arabicize other
		
00:46:46 --> 00:46:50
			cultures or in my context Indianize other cultures
		
00:46:50 --> 00:46:53
			right when they take their culture and they
		
00:46:53 --> 00:46:56
			try to force it on others assuming that
		
00:46:56 --> 00:47:00
			this is Islamic culture this is problematic because
		
00:47:01 --> 00:47:05
			the religion of Islam is meant to accommodate
		
00:47:05 --> 00:47:08
			the good of every culture that it is
		
00:47:08 --> 00:47:11
			built into our Sharia that humans are diverse
		
00:47:11 --> 00:47:13
			in their cultures they are diverse in how
		
00:47:13 --> 00:47:15
			they handle their social dealings and how they
		
00:47:15 --> 00:47:20
			live their lives and the Sharia is designed
		
00:47:20 --> 00:47:24
			to encompass this diversity as long as it's
		
00:47:24 --> 00:47:26
			not harmful as long as it's not Haram
		
00:47:26 --> 00:47:29
			and so when you travel to the Muslim
		
00:47:29 --> 00:47:31
			world today you will find that a lot
		
00:47:31 --> 00:47:34
			of things are very diverse in terms of
		
00:47:34 --> 00:47:38
			culture in Malaysia in Turkey in Saudi Arabia
		
00:47:38 --> 00:47:42
			in Morocco you will find that the way
		
00:47:42 --> 00:47:44
			Islam is practiced in all of these cultures
		
00:47:44 --> 00:47:46
			is very diverse yet all of it fits
		
00:47:46 --> 00:47:48
			within Ahlus Sunnah wal Jamaah why?
		
00:47:48 --> 00:47:52
			because our religion has built into it a
		
00:47:52 --> 00:47:57
			concept of cultural diversity in Fiqh in Usulul
		
00:47:57 --> 00:48:01
			Fiqh this is called Urf Urf means local
		
00:48:01 --> 00:48:05
			culture and in the maxims of Fiqh it's
		
00:48:05 --> 00:48:09
			called Al-Adat Muhakkamat local culture is the
		
00:48:09 --> 00:48:12
			deciding factor and what this means is when
		
00:48:12 --> 00:48:16
			there is a clash of cultures then the
		
00:48:16 --> 00:48:19
			local culture will be the deciding factor on
		
00:48:19 --> 00:48:24
			a Fiqh issue so for example if you
		
00:48:24 --> 00:48:28
			are living in a culture where the business
		
00:48:28 --> 00:48:31
			arrangement is that if you buy something like
		
00:48:31 --> 00:48:33
			you buy some furniture you need to provide
		
00:48:33 --> 00:48:37
			transportation to take the furniture home that becomes
		
00:48:37 --> 00:48:40
			the default if you move to a country
		
00:48:40 --> 00:48:44
			where the culture is that the person selling
		
00:48:44 --> 00:48:46
			it has to provide transport then you have
		
00:48:46 --> 00:48:49
			to adapt because on these issues of business
		
00:48:49 --> 00:48:52
			the Quran and Sunnah are silent and it's
		
00:48:52 --> 00:48:54
			left up to the local culture and whatever
		
00:48:54 --> 00:48:56
			the local culture is that's what you follow
		
00:48:56 --> 00:49:00
			that's the ruling it's the same for example
		
00:49:00 --> 00:49:04
			with the Jummah Khutbah so some people misunderstand
		
00:49:04 --> 00:49:07
			this because the Khutbah of Rasulullah was in
		
00:49:07 --> 00:49:09
			Arabic they assume the Khutbah has to be
		
00:49:09 --> 00:49:12
			in Arabic all over the world but I've
		
00:49:12 --> 00:49:13
			traveled around the world and I found Khutbahs
		
00:49:13 --> 00:49:15
			to be in every language whatever was the
		
00:49:15 --> 00:49:18
			language of the people there's very few who
		
00:49:18 --> 00:49:20
			hold this opinion by the way I'm not
		
00:49:20 --> 00:49:23
			saying the opinion is outside of acceptability this
		
00:49:23 --> 00:49:25
			is an opinion within Ahlul Sunnah wal Jamaah
		
00:49:25 --> 00:49:27
			it has to be in Arabic but it's
		
00:49:27 --> 00:49:30
			not the majority of opinion the majority opinion
		
00:49:30 --> 00:49:32
			is that the Khutbah must be in the
		
00:49:32 --> 00:49:35
			local language so this can solve some big
		
00:49:35 --> 00:49:38
			problems so for example just say a group
		
00:49:38 --> 00:49:40
			of Muslims migrated to a small town in
		
00:49:40 --> 00:49:44
			Canada some of these Muslims speak Arabic some
		
00:49:44 --> 00:49:47
			speak Urdu some speak Turkish and they're all
		
00:49:47 --> 00:49:50
			sharing a Masjid and they're arguing over what
		
00:49:50 --> 00:49:52
			the language of the Khutbah should be in
		
00:49:52 --> 00:49:56
			but the majority of them all understand English
		
00:49:56 --> 00:49:59
			right that's the language the majority of people
		
00:49:59 --> 00:50:03
			in that community understand therefore the Khutbah should
		
00:50:03 --> 00:50:05
			be in English so the majority understand it
		
00:50:06 --> 00:50:08
			this is the local culture being the deciding
		
00:50:08 --> 00:50:11
			factor it's the same with how men dress
		
00:50:12 --> 00:50:16
			right ah this is again this idea of
		
00:50:16 --> 00:50:18
			like if you're living in the west you
		
00:50:18 --> 00:50:19
			have to dress in Arab clothing or in
		
00:50:19 --> 00:50:23
			Indian clothing to be Islamic but the reality
		
00:50:23 --> 00:50:26
			is that you can follow the local culture
		
00:50:26 --> 00:50:28
			in dressing as long as you're not violating
		
00:50:28 --> 00:50:31
			any of the Islamic laws right so for
		
00:50:31 --> 00:50:33
			a man that means you're unable to your
		
00:50:33 --> 00:50:35
			knees must be covered you must be modest
		
00:50:35 --> 00:50:36
			it shouldn't be see through it shouldn't be
		
00:50:36 --> 00:50:39
			feminine it shouldn't be silk right it shouldn't
		
00:50:39 --> 00:50:41
			be part of another religion so if you're
		
00:50:41 --> 00:50:43
			wearing a loose fitting shirt and pants Alhamdulillah
		
00:50:43 --> 00:50:45
			you are following the Sharia right you're just
		
00:50:45 --> 00:50:47
			fitting in with your local culture which is
		
00:50:47 --> 00:50:49
			fine it's a bit more strict for women
		
00:50:49 --> 00:50:51
			because women have to cover up more right
		
00:50:51 --> 00:50:54
			but even there there's cultural flexibility that the
		
00:50:54 --> 00:50:58
			colors the design the format of a woman's
		
00:50:58 --> 00:51:00
			ah what we call in modern terms hijab
		
00:51:01 --> 00:51:03
			later I'll explain the word hijab hijab is
		
00:51:03 --> 00:51:05
			a very modern term for it but nonetheless
		
00:51:05 --> 00:51:08
			this concept of a woman covers everything is
		
00:51:08 --> 00:51:11
			from the Sharia but how she covers it
		
00:51:11 --> 00:51:14
			the designs the colors the styles this you
		
00:51:14 --> 00:51:17
			will find differs from region to region that
		
00:51:17 --> 00:51:20
			there's cultural diversity in how a woman's dressing
		
00:51:20 --> 00:51:22
			is as long as it meets the minimum
		
00:51:22 --> 00:51:25
			requirements of covering her aura in a modest
		
00:51:25 --> 00:51:30
			and loose fitting manner and so this is
		
00:51:30 --> 00:51:32
			an important principle of fiqh or local culture
		
00:51:33 --> 00:51:37
			and this is one of the reasons why
		
00:51:38 --> 00:51:41
			it is highly recommended that you take your
		
00:51:41 --> 00:51:44
			fiqh from your local scholar this is something
		
00:51:44 --> 00:51:46
			that will pop up over and over again
		
00:51:46 --> 00:51:50
			in this course stick to local scholarship because
		
00:51:50 --> 00:51:53
			people in other regions even if they are
		
00:51:53 --> 00:51:56
			pious even if they are geniuses they may
		
00:51:56 --> 00:52:00
			not always understand the cultural nuance of the
		
00:52:00 --> 00:52:03
			community you are living in but somebody who
		
00:52:03 --> 00:52:06
			grew up in that community and who is
		
00:52:06 --> 00:52:08
			a part of that community and who grew
		
00:52:08 --> 00:52:10
			up in that culture and understands that culture
		
00:52:10 --> 00:52:13
			he is able to understand all of the
		
00:52:13 --> 00:52:18
			cultural considerations when giving away fatwa and this
		
00:52:18 --> 00:52:20
			is why fiqh has to be localized fiqh
		
00:52:20 --> 00:52:22
			has to be based on the local culture
		
00:52:22 --> 00:52:24
			and it goes back to what was covered
		
00:52:24 --> 00:52:27
			in chapter 1 of Dr. Wael Halab's book
		
00:52:27 --> 00:52:32
			that the scholar was always a member of
		
00:52:32 --> 00:52:36
			the community who understood the community and its
		
00:52:36 --> 00:52:39
			culture just as well as he understood the
		
00:52:39 --> 00:52:41
			Quran and the Sunnah and the methodology of
		
00:52:41 --> 00:52:44
			fiqh and he would consider all of this
		
00:52:44 --> 00:52:47
			when making a judgment for the people one
		
00:52:47 --> 00:52:50
			of the big mistakes we have today is
		
00:52:50 --> 00:52:51
			that we try to take our fiqh from
		
00:52:51 --> 00:52:55
			people in far and distant lands who do
		
00:52:55 --> 00:53:00
			not understand our circumstances our cultures or our
		
00:53:00 --> 00:53:03
			way of life and sometimes that fiqh becomes
		
00:53:03 --> 00:53:07
			impractical it's even worse nowadays with fatwa websites
		
00:53:07 --> 00:53:10
			because as we covered in the previous video
		
00:53:10 --> 00:53:13
			fatwas are meant to be personal it's meant
		
00:53:13 --> 00:53:15
			to be one on one thing that someone
		
00:53:15 --> 00:53:16
			asks you a question and you give them
		
00:53:16 --> 00:53:19
			a fatwa for their personal circumstances now we
		
00:53:19 --> 00:53:22
			have people posting fatwas online and people in
		
00:53:22 --> 00:53:24
			a completely different part of the world a
		
00:53:24 --> 00:53:27
			different context a different culture is leading that
		
00:53:27 --> 00:53:28
			fatwa and thinking this is the Quran and
		
00:53:28 --> 00:53:31
			I have to follow this and that makes
		
00:53:31 --> 00:53:33
			the religion impractical it makes the religion difficult
		
00:53:33 --> 00:53:35
			and it's not how fiqh was meant to
		
00:53:35 --> 00:53:38
			be so put this now in context of
		
00:53:38 --> 00:53:41
			what we covered in the first video that
		
00:53:41 --> 00:53:45
			the sharia was interpreted not by the government
		
00:53:45 --> 00:53:48
			but by the local scholars the local scholars
		
00:53:48 --> 00:53:52
			were not as some people think you know
		
00:53:52 --> 00:53:54
			these high school dropouts who couldn't cut it
		
00:53:54 --> 00:53:56
			and were not intelligent no that's a modern
		
00:53:56 --> 00:53:59
			phenomenon that's not our history that's not our
		
00:53:59 --> 00:54:01
			history Muhammad Ghazali was a genius Ibn Taymiyyah
		
00:54:01 --> 00:54:03
			was a genius Abu Hanifa was a genius
		
00:54:03 --> 00:54:06
			we have to let go of that mindset
		
00:54:06 --> 00:54:08
			that these were people who were not intelligent
		
00:54:08 --> 00:54:12
			this is back projecting modernity onto history no
		
00:54:12 --> 00:54:15
			the local scholars for the bulk of our
		
00:54:15 --> 00:54:20
			history were intelligent pious and diligent in how
		
00:54:20 --> 00:54:23
			they handled things and the people trusted them
		
00:54:23 --> 00:54:26
			and they had methodologies so that they were
		
00:54:26 --> 00:54:30
			consistent in what rulings they came to and
		
00:54:30 --> 00:54:34
			they were not self contradictory so if you
		
00:54:34 --> 00:54:36
			lived in that time and you wanted to
		
00:54:36 --> 00:54:39
			know if something was halal or haram if
		
00:54:39 --> 00:54:41
			something was an obligation upon you or what
		
00:54:41 --> 00:54:44
			to do in a specific situation you would
		
00:54:44 --> 00:54:47
			go to your local Mufti your local Mufti
		
00:54:47 --> 00:54:50
			would be someone who studied under a righteous
		
00:54:50 --> 00:54:52
			scholar or a series of righteous scholars who
		
00:54:52 --> 00:54:57
			received a certificate of permission to continue teaching
		
00:54:57 --> 00:55:00
			or to start teaching from his teachers after
		
00:55:00 --> 00:56:05
			years of study who mastered the Quran
		
00:56:05 --> 00:56:08
			would listen and they would be just and
		
00:56:08 --> 00:56:10
			they would be wise and they would give
		
00:56:10 --> 00:56:12
			people the rulings that they needed for their
		
00:56:12 --> 00:56:15
			situation and the government stayed out of it
		
00:56:15 --> 00:56:18
			completely the government the only thing that they
		
00:56:18 --> 00:56:20
			would do for the most part was either
		
00:56:20 --> 00:56:23
			stay out of it completely or they would
		
00:56:23 --> 00:56:25
			pay the salaries of the scholars so they
		
00:56:25 --> 00:56:27
			could just focus on their work and not
		
00:56:27 --> 00:56:29
			need to worry about money again it depends
		
00:56:29 --> 00:56:30
			on which kingdom we are looking at and
		
00:56:30 --> 00:56:31
			which point in time we are looking at
		
00:56:31 --> 00:56:34
			but you would find in certain parts of
		
00:56:34 --> 00:56:36
			the world the government completely stayed out of
		
00:56:36 --> 00:56:38
			it and the laws was in the hands
		
00:56:38 --> 00:56:41
			of the scholars there were no lawyers there
		
00:56:41 --> 00:56:44
			were no government lawmakers everything was handled by
		
00:56:44 --> 00:56:48
			the ulama and the people trusted their ulama
		
00:56:48 --> 00:56:51
			more than they trusted their governments and people
		
00:56:51 --> 00:56:52
			looked up to their ulama more than they
		
00:56:52 --> 00:56:54
			looked up to the government and the governments
		
00:56:54 --> 00:56:56
			would try to win the favour of the
		
00:56:56 --> 00:56:59
			ulama because that would make them be legitimate
		
00:56:59 --> 00:57:00
			in the eyes of people that if the
		
00:57:00 --> 00:57:02
			ulama trust this government they must be doing
		
00:57:02 --> 00:57:05
			something right and so one of the biggest
		
00:57:05 --> 00:57:08
			difference between sharia and modernity is that in
		
00:57:08 --> 00:57:14
			modernity we have these secular lawyers making up
		
00:57:14 --> 00:57:17
			laws and interpreting laws in a very by
		
00:57:17 --> 00:57:22
			the book manner right but in sharia we
		
00:57:22 --> 00:57:27
			have pious intellectual scholars who are interpreting the
		
00:57:27 --> 00:57:30
			Quran and sunnah and in the interpretation they
		
00:57:30 --> 00:57:32
			are focusing on justice they are focusing on
		
00:57:32 --> 00:57:35
			society they are focusing on family they are
		
00:57:35 --> 00:57:38
			focusing on what's best for their people it's
		
00:57:38 --> 00:57:42
			not a matter of trying to enforce a
		
00:57:42 --> 00:57:45
			law on people but it's more about ensuring
		
00:57:45 --> 00:57:48
			that people live together in harmony and that
		
00:57:48 --> 00:57:51
			they are growing closer to Allah and their
		
00:57:51 --> 00:57:54
			society functions well and one of the most
		
00:57:54 --> 00:57:57
			unique features of that time is just how
		
00:57:57 --> 00:58:02
			separate law making was from the leadership besides
		
00:58:02 --> 00:58:05
			in the first generation because the first generation
		
00:58:05 --> 00:58:11
			Abu Bakr Umar Usman Ali Hassan Muawiyah may
		
00:58:11 --> 00:58:12
			Allah be pleased with all of them the
		
00:58:12 --> 00:58:15
			six sahaba who held positions of khilafat they
		
00:58:15 --> 00:58:17
			were all ulama they were all people of
		
00:58:18 --> 00:58:22
			scholarly knowledge right they all knew how to
		
00:58:22 --> 00:58:26
			interpret the law and it was after that
		
00:58:26 --> 00:58:29
			when Yazid came into power that people stopped
		
00:58:30 --> 00:58:33
			treating their rulers as sources of law and
		
00:58:33 --> 00:58:34
			they started taking their law from the local
		
00:58:34 --> 00:58:36
			scholars instead and that's when you actually see
		
00:58:36 --> 00:58:38
			that break away that on one hand we
		
00:58:38 --> 00:58:40
			have the scholars where we learn our religion
		
00:58:40 --> 00:58:42
			from and we get our laws from and
		
00:58:42 --> 00:58:44
			we have the government who handle jihad and
		
00:58:44 --> 00:58:46
			the protecting of the border and stuff like
		
00:58:46 --> 00:58:49
			that and that separation existed for the bulk
		
00:58:49 --> 00:58:53
			of our history because very few kings in
		
00:58:53 --> 00:58:56
			the history of Islam were actually scholars I
		
00:58:56 --> 00:58:59
			would say 99% were not 99%
		
00:58:59 --> 00:59:02
			I can barely think of any leader in
		
00:59:02 --> 00:59:04
			our history who was a scholar after the
		
00:59:04 --> 00:59:06
			time of the sahaba besides maybe Umar ibn
		
00:59:06 --> 00:59:10
			Abdul Aziz and Abdul Malik ibn Marwan it's
		
00:59:10 --> 00:59:11
			really hard to think of anyone who was
		
00:59:11 --> 00:59:14
			a scholar after their time and so because
		
00:59:14 --> 00:59:17
			of the split between scholarship and kingship for
		
00:59:17 --> 00:59:20
			the bulk of our history laws were taken
		
00:59:20 --> 00:59:23
			from the scholars and the scholars had methodologies
		
00:59:23 --> 00:59:26
			the scholars were consistent in how they applied
		
00:59:26 --> 00:59:28
			and the scholars feared Allah so they did
		
00:59:28 --> 00:59:30
			the best job that they could and this
		
00:59:30 --> 00:59:33
			is how Muslim society functions that if you
		
00:59:33 --> 00:59:35
			need to know something ask your local scholar
		
00:59:36 --> 00:59:39
			and Alhamdulillah the benefit of this today is
		
00:59:39 --> 00:59:41
			that even though we currently don't have a
		
00:59:41 --> 00:59:43
			khilafat we currently don't have a land that
		
00:59:43 --> 00:59:46
			is ruled by sharia in our personal lives
		
00:59:46 --> 00:59:48
			we can still try our best to live
		
00:59:48 --> 00:59:52
			a sharia lifestyle by following our local scholars
		
00:59:53 --> 00:59:56
			and by living a life that is pleasing
		
00:59:56 --> 00:59:59
			to Allah and by staying away from that
		
00:59:59 --> 01:00:02
			which is haram in that way the sharia
		
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			continues to thrive and continues to grow even
		
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			in an era where it's not being applied
		
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			on a government level but inshallah that will
		
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			end soon and perhaps we will see the
		
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			revival of the Islamic khilafat in our lifetime
		
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			so that's it for today we discussed the
		
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			concept of usulul fiqh we're going to build
		
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			upon this a bit more in the next
		
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			video where we discuss what are the madhhabs
		
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			why do madhhabs exist why do we need
		
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			madhhabs how do they evolve over time and
		
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			we're going to talk about the importance of
		
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			scholarly diversity in Islam and how that plays
		
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			an important and crucial role in how we
		
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			understand the sharia that we understand the sharia
		
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			to be a system of a law that
		
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			accommodates a lot of differences of opinion and
		
01:00:52 --> 01:00:54
			different cultures and different viewpoints we didn't touch
		
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			upon it today but we'll go into more
		
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			details about it in the next video because
		
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			it's very important that if we are studying
		
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			sharia that we understand that there are a
		
01:01:04 --> 01:01:06
			lot of differences of opinion and that this
		
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			system is flexible and broad enough to encompass
		
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			all of these different opinions and approaches hope
		
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			you found this beneficial ...
		
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			...
		
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			...
		
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			...