Qawaid al-Fiqhiyah 2: Conviction and Doubts

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Ismail Kamdar

Channel: Ismail Kamdar

Episode Notes

In this second lecture in this series on Qawaid al-Fiqhiyah, Shaykh Ismail Kamdar discusses the second major maxim of Fiqh ‘conviction is not removed by doubt’ and some of the Fiqh rulings that can be understood and extracted from it.

Episode Transcript

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Hyundai Elantra alameen wa Salatu was Salam ala Karim, Allah Allah. He was happy

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to welcome you all to the session where we will continue with week two in our area, the legal Maxim's. So what we're going to do today is very briefly I'm going to recap last week's discussion on what are the providers Katia, what is the first of these corridors? And

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after that, we will discuss today's session, which is all about the second of the COVID, which is a yachtie News Are you due to be shocked conviction is not removed by doubt. So this is gonna be the topic today. It's actually it looks like a very technical thing. But this is a very important principle that will solve a lot of issues in our community, many, many issues in our community in terms of fear, and in terms of

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myths that are prevalent in the community. This principle can solve most of it. So don't underestimate the importance of this principle. In fact.

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So to begin, when we talk about our PA, what are we referring to, we said that in the later generations have fixed scholarships. So we're looking at around the sixth century of Islam onward, the older man started inventing formula to make it easier to make it easier. So they began to write books on fake which were written from a formula perspective. So what this means is instead of having to memorize entire books of IQ, they just memorize a few formulas and they use that for solving issues. And these became known as the

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the fig Maxim's which are simple formula that are used for solving 1000s of IQ issues. Literally every small statement that we will study over the next five weeks. Each of these small statements can be used to solve 1000 issues or more. They are that powerful when it comes to tech. We also learned last week that the five major Maxim's are agreed upon by the formatters so whatever we teaching is something upon which there is a consensus between the mud hubs that these are the five main Maxim's but they differ in how to apply the Maxim's and some of these subsidiary Maxim's some of the maximum the grandchild from it right but the five main Maxim's which is going to be our

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primary focus that's agreed upon by the format before I go any further Can anyone tell me whether these five Maxim's least one or two of them

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hmm

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intentions that's what we covered last week. Okay district recovering conviction and doubt someone give me an idea another one

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harm must be eliminated go to more

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difficulty causes the law to relax difficulty causes ease right difficulty causes the dog to relax and the final one.

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Yes, local culture is the deciding factor meaning whenever there is a clash of cultures and all options are halaal you go with the local culture right. So, to recap, we said that fick is to make it easy to understand the Ola might have invented this concept of fake Maxim's and all four month hubs agreed upon these five Maxim's that intentions are what matter most conviction cannot be removed by doubt. Difficulty causes the law to relax harmless be eliminated, and local culture is the deciding factor. These five Maxim's call it a cobra, the five major Maxim's of sick day are

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agreed upon by the must haves, they may just disagree in how they applied. Last week, we looked very briefly at the first Maxim, that actions are judged by the intentions. And what we said from this is that in every area of physics, you will use this Maxim. in every area of physics, you will find laws that are based on intention. For example, when it comes to solar intention matters when it comes to differentiating between xhaka and soccer intention matters when it comes to differentiating between bribery and gifting intention matters when it comes to making.

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Seeing the difference between murder and manslaughter between premeditated murder and manslaughter. The difference is intention. Right. So in almost every area of physic intentions are the first thing that is looked at before the actual ruling is decided. So today we're going to cover the second of the maxims of fake which is Ali Aquino, Zulu Bishop, conviction is not overruled by doctors. And historically, this is the first known Maxim to be coined, right. This is the first known Maxim to be coined the very first book on provided by

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Herky jerky. So the first book on qualification was written by Hannah is called. Right The very first Maxim that he mentions in this book is the same Maxim not with the same wording because what happened is, when the maxim were first invented, they were much longer and wordy. And overtime, the scholars shorten it shortening shortening until the court a simple three or four word sentence that could be memorized. So, he had a much longer statement like the original ruling related to anything is that certainty cannot be overcome by any kind of doubt or something like that. I very long winded way of saying it akinola due to a shock. But nonetheless, the first book on alcohol ever written,

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the very first card I mentioned in that book is this one. So, we can see this is the first thing that the llamando does in terms of boy, by the way, the way COVID was formulated is the older man looked for common captains. In fact, they see what they look for, they look for common patterns in tech. So for example, they look at every area and they realize that in every area of intentions matter, so that became a powder. Similarly, they looked at every area of fit and they realized that certain things are are established by yaqeen. Other things are doubtful. And so this principle was established based on that. So this was one of the very first corridors to be established in the very

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first book of God with a PA. This is the first point I mentioned in that book, right?

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This point, the idea many Quranic verses and Hadith says they are taken as evidence for this. The most clear hedges that's used as evidence for this is the Hadith where the Sahaba asked the Prophet sallahu wa sallam about when you are praying Salah, and you are doubtful whether you're gonna do it or not. What did the prophet SAW like something?

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He said, Unless you smelt it or heard it, continue with your Salah, meaning unless you have conviction that you broke your will do, you go with what you have conviction of which is that you have to do so that's considered the primary evidence for this principle. linked to that is another Hadees. That if you have forgotten whether you are in the third or second Raka, you treat it as the

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the second record, right? Because you convinced that you create one tracker, you doubt whether you play the second, so you lose what you're convinced about. And there are many verses in the Quran, Allah talks about the team. And when he talks about don't follow doubt, don't follow shock. All of these verses are considered as evidence for this.

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In pseudo tech, this is called Estes hub. So in pseudo fig, this principle is called is this hub in coiled coil faqeer. It's called akinola

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as this hub means linking something back to its original state or ruling until a change is confirmed. So it's this hub means for example, and we'll cover a lot of this in a later slide. Things are halaal until proven wrong. People are innocent until proven guilty, what is pure until proven impure, and so on and so forth. Everything has an original state in the Sharia, it stays in that state until proven otherwise. Right? So this is called East this hub.

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And technically, all the Muslims have it, they may just have different names for it. It applies to almost every area of fake has practical, everyday usages to such an extent that Geraldo de su de Rahim Allah stated that this Maxim is used in three quarters of issues, three fourths of IQ issues, right? Mr. asuci stated that to read quarter affic issues, so we're looking at hundreds of 1000s of issues are solved with this, but what is one maximum? So for now, you may not be able to understand why but as you go into the subsidiary Maxim's and the examples, it becomes clearer. So this is not a small map. So this is a major principle of tech that is used that to potentially solve hundreds of

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1000s of issues. And as we as you said, three quarters of IQ is solved by this. When it comes to the issue of intentions. As Sharkey said two thirds of fake are related to intentions when it comes to conviction and doubt, as Judy said, three quarters of fake are related is now either not exact numbers. These are exaggerations, right? Obviously, one can be two thirds of the company three quarters, doesn't add up, but rather is exaggerations.

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Put it simply to show that a large percentage is solved using this. So what do we mean by certainty cannot be overruled by doubt, to put it very simply, in in many big issues. There is something that you are certain about, and the something that you are doubtful about. When you are certain about something and doubtful about something else. The freak ruling isn't what you are certain about. Let's look at the examples to make this clear.

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So the most common The most obvious example, if you are certain that you are in a state of purity, and you are doubtful about breaking it, you are considered pure

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Verse is also true. If you are certain about being impure and doubtful about purification, you remain impure. So for example, example of the first one, you remember performing Judo, you don't remember whether you broke the wood or not. So you remain in a state of judo

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example of the second one, you remember going to the toilet, but you can't remember if you made you do after that or not. So you're considered impure, why, in both cases, you go with what you are certain about, in one case, you are certain that you may do so that's what you go with. In other cases, you are certain that you went to the toilet. So that's what you go. So, whenever there is a clash, am I in the stage of Voodoo, am I not in a state of Who do you rule on? What are you certain about? I am certain that I made you do why am I certain that I went to the toilet and you do get what you are certain about that becomes the ruling.

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Similarly, in Sala, when you are doubtful as to whether you are in the second or third or aka, then you treat it as the second Why? If you are doubtful whether you are in the second or third record, that means you are convinced that you played the first record, but you can't remember whether you create the second record. So you go what you're convinced about and you treat this as the second record.

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If someone doubts whether the sun has set yet, it shouldn't break the fast. Okay, I think it's Africa, we take this one a bit to an extreme, right, because sometimes the sun has set and then someone's about to open a file and wait five seconds left until the time on the calendar. Meanwhile, the time on the calendar is set five minutes late as a precaution. I know how many of y'all know that. African calendars are technically said five minutes late as a precaution.

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I break on time because he says you must Acer

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brachiopods. Before they do, yes.

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The decision was to hasten to break the past. Now if you are doubtful, so for example, it's a cloudy day. It's a time we living in an age where there's no watches and clocks and calculations like we have today. That's when this principle would have applied more. Without camping in the forest, whatever it is, it's cloudy, it's raining you don't know if the sun has set yet. So you wait until you are sure it gets dark now universe ashore. Nowadays is wouldn't really apply because we use calculations right to work out sunrise and sunset. But again, as I mentioned in South Africa, our calendar for votes, swing suhoor ends. And when if our cassettes in about five minutes off between

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three to five minutes off,

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you actually check the timings on websites that work with calculations, you will see the suhoor actually in five minutes later, actually robbing us of five minutes of time. And if star is the opposite, that is actually if that sits in about five minutes earlier. So this becomes a big clash. I remember last Ramadan I was having started someone and time setting, I'm opening my boss and he's sitting there looking at my face. And I asked him why he said because he came in with a separate calendar. So I will my first five minutes before him. So this is again, something that you might not be aware of what happened is in the 100, we must have we have this concept of taking precautions

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being safe rather than sorry, right. And so to be safe, rather than sorry, they said the whole time five minutes early, so people don't mistakenly pass the time. And they said the entire time about three or four minutes later. So people don't mistakenly open the pass too early. Now people have taken those as absolute times. And that's where the problem comes in. because technically, those are not the actual types. Right? What we are taking is the actual times are not the actual times.

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Moving on to the next example.

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If someone doubts whether it is to hoor yet he should continue eating until he is convinced, right? If you're not sure when this whole time has ended yet. So you're having your stakeholder theory, and you're not sure where the time's up yet or not. So you are convinced that he was the whole time you're doubtful whether it's over, you actually can keep eating until you are sure that your time is entered. So yeah, it's the opposite of what we do in South Africa. Right. Many of us stopped eating Firstly, our calendar said five minutes too early. Many of us have eaten 10 or 15 minutes before that time, because we scared of going over right? In reality the Sahaba would eat right unto the

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other. They would eat right until the other right until they are convinced okay. times after

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me someone doubts how many rounds of tawaf one has made, you go with a smaller number. Again, all of this is you convinced about one thing you are doubtful about something out so you're going around the Kaaba making tawaf and suddenly mind the fourth or fifth term. So you treaty as we chant

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fought, why because you definitely

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The show you went around the Kaaba three times, you can't remember whether you went around it a fourth time. So you treat it as a smaller number. So you always go with that, which you are convinced about.

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You remember borrowing money from someone, you can't remember whether you pay them back.

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These are in the books, okay? Maybe in the olden days, it was a bit more harder to keep track of these things. Who forgets this these days? I don't know. But this isn't the books Africa is an example of it. I you borrow money from someone you can't remember whether you pay them back. And they saying you never pay them back, or whatever the case may be, they can't remember themselves, then you treat it as you still have to pay them back. Why you are convinced that you borrowed money, you are not convinced that you paid it back? Right? yaqeen over shock. The opposite is also true, right? You remember paying somebody back.

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Right? And that person is arguing about it then is considered as paid back. There's some evidence for that. In some schools, you keep evidence of everything when it comes to business transactions, it should be documented evidence of every business transaction, because you never know. When somebody takes you to court and says, you know, you owe me money, they'll pay me back or something like that. So in our religion is supposed to keep documented evidence or witnesses or signed contracts or whatever it is some evidence that the transaction took place. The longest verse in the Quran is about this. The longest verse entire Quran is about getting witnesses and signing and

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letting people know, you know that you have evidence ad to place between two people, so that there's no disputes amongst Muslims. Right? Nowadays, you know, we have the idea of just going on my word for it. Too many times, just come back to her person. So this is one more way of that make sure now the most of our stuff are done under computers anyway. What I like to do is any EFT I do always make sure I have the bank, send me a proof of payment, and send them a proof of payment as well to the city that will get the payment, or they never get the proof of payment, I still have my copy. Right. So this is again, an important part of our religion, that many people are unaware of making sure

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that you have recorded evidence for every business transaction, then you never fall into this case of doubting

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whether it's justified by evidence or the required number of witnesses is regarded as yucky. Okay, so in our field of Hadoop, in our field of criminal law, we have very strict application of this principle. We will never apply a HUD punishment unless there is Yaki. Right, this is our goal, we will never apply a HUD punishment unless the easier thing. This is why some of the Obama have stated actually has never been in the history of Islam, and actual stoning of an adulterer. Based on witnesses, it's only ever been based on confession, right, because we have set the bar so high that even if there is the slightest doubt, we will not carry out.

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So if there is a slightest doubt whether somebody stole or not, or whether they had the excuse for stealing or not, the judge will not chop off his head. If there is a slightest doubt with his Zina took place or not, the hard punishment will not take place, it is the slightest doubt where the actual murder took place or not, the hard punishment will not take place. The shalya is very strict on this unless it is established by yaqeen.

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We will not carry out the hard punishment. Yes, the judge could put a smaller punishment. So for example, if the husband is accusing his wife of Xena or vice versa, and there's no evidence and nobody wants to go through the whole the process, then the judge could break up the marriage, right as a way of making sure that you know, something that happens, or if somebody stole and there's not enough evidence to chop off his hand, the judge could put him in jail for a few days or send him for some kind of reform classes, or make him pay back the amount that he stole. So the is a lesser punishment they come in but the harsh punishment, these punishments that Islam is often criticized

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for, these are never applied unless there is your team. And your kin can only be established by three ways. clear evidence, and that true nowadays evidence is is something very doubtful nowadays because people can doctored footage, people can make up video people can tamper with photographs. So evidence is very, very difficult to establish with yaqeen. Number two is witnesses. So the witness bar is very high. For some crimes. It's two witnesses. For some, it's four. And after they have to witness the actual thing.

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And number three is confession. That's really the only time we actually find these punishments really been carried out in the time of Rasulullah salatu salam, the only actual stoning of an adulterer or adulterous that we know of by the prophets law, Islam. We're in cases of

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confession. And that to the prophets was I'm trying to make any possible excuse not to do it. He said, maybe you are insane, maybe muscle memory. Maybe you did this instead. You know, but

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I didn't know I committed a sin I want to be stoned. That's literally the only time we ever happened. Because otherwise, our our conditions are so strict, it's just not going to happen. So a hard punishment will not be carried out unless it is yucky. Unless the person himself is saying, This is what I did the confession confessing to the crime, that's a or b, there is clear evidence that they committed a crime, or number three days witnesses, clear witnesses, that they committed the crime.

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Okay, the last one is to do with witnessing. So if you know something, but you're unsure about something else, as a witness, you can only testify to that which you are sure about. So for example, you are witness that somebody borrowed money from someone else. But you don't know whether they paid it back or not. So if the court had to ask you, did this person borrow money from their person? You have to say yes. And if they asked you, did they pay you back? You have to say, I don't know. You have to go with what you can request. You cannot just make things up because you like this guy, you feel sorry for him or because there is some there is some idea. Maybe he paid him back then but

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Oceania never works for me this and we will come to this in the next slide. If you look at the subsidiary Maxim's our Sharia does not work on VPS. You go with what you're convinced about. So when you are called upon to testify, you only testify to that which you are sure about anything else you say? I don't know. I'm not sure. I don't have evidence, right. So that way, you do not end up unintentionally speaking a lie.

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Now Syria has very strict punishments for people doing things like this, you know, like, false testimony in court is something that also has a very strict punishment in our Sharia. So these are the examples mentioned in the books are fake. So you'll find these examples in the early books of Hanafi Fiqh and Sharpie fit Maliki fake homolytic Allah dimensioned the same examples these are actually issues radius each month, every month is going to give you the same answer when you ask a sharpie or other family members are going to give you the same answer on these issues. Because this principle is agreed upon by all the must haves and its application in these issues is agreed upon by

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all the Muslims as well. And this is something a lot of people don't realize about

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the vast majority of fixes actually agreed upon by the Muslims is just a very small portion where the difference of opinion is just a small portion is what's visible in our society. I mean, if you think about the all the Muslims agree that it's five Salah that you pass the month of Ramadan when you Suho when is it start? What's the percentage of Zakat how you perform Hajj all the Muslims agree on these things it's it's the it's the minor things whether your hands a year or your whether you raise your hand before and after ruku these are the minor issues where they have differences of opinion

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Okay, so what we're going to do now is we're going to look at these subsidiary Maxim's now what does this mean?

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What this means is every one of the five main Maxim's have other Maxim's that branch out from them, like for more technical or more detailed issues, so each Maxim has other Maxim's linked to it. So if we look at the maxim that intention, actions are judged by the intention, one of the Maxim's that stem out from there is that there is no reward without a good intention. That's a subsidy maximum maximum profit, right? There is no reward without a good intention. Meaning if you did a good deed with the wrong intention, there's no reward for it. So what we're going to look at at the subsidiary, Maxim's link to the akinola, you're going to be shocking. Most of these are actually the

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maximum of Estes hub. So in Arabic, most of these Maxim's begin with the word Azul. Azul means the original state, or the original ruling.

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So almost all these Maxim's show us the original ruling of something, and that becomes part of is this hub or the akinola, you're going to be shocked. So the most general one is that the original rule of anything is that it remains as it originally was. What does this mean?

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It means for example, water, what is the original state of water? Pure, so any water that you find is pure unless proven to be impure? How do you prove water to be impure?

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There's three things mentioned in the in hanapepe. Right? The smell the taste, or the color changes, right? So if the water smells like NASA or tastes like NASA has the color of NASA then only two impure if none of these three are there, no matter how much doubt you have about it, the water remains pure, right, you do not rule on doubt you rule upon what it originally was. So the original state of water is purity. The original state of

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a belief is an interesting one. The original state of a belief is that it is non existent.

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Meaning, if someone says that

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angels don't enter a hole in which they are men without beards, do you believe that or not?

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We don't believe that.

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I just made a random example, right? Because someone told me something, some of that right. And recently someone told me angels won't enter a woman's kitchen unless she's winning a job.

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How do you get that? Where? Where do you get that from? Right? So it's actually the principle about religion. The original ruling regarding any belief is that it's a superstition, unless proven from the Quran and Sunnah. So if someone tells you, this is the belief, or this is what Islam teaches, the evidence must be upon them. They must show you a verse from the Quran, or Hadith from the prophets law ism, proving that belief otherwise that belief is not part of Islam. Right? This is how we get rid of superstition. And but by applying this principle, anything that is not proven to Quran is not is not a belief that is part of Islam. They are more of this, but they also mentioned as

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separate Maxim's we'll come to those separately. Starting with this one, right? The original ruling or state of human beings is freedom from responsibility. Or as it's worded nowadays, in the West, people are innocent until proven guilty. Right. So the original ruling regarding any human being in Islam is that they are innocent, until proven otherwise. If someone is accused of stealing, of Xena of murder of any crime, our Sharia says they are innocent until proven otherwise. And don't want to be controversial. But they have to. This is the problem with the metoo movement. Right? You're familiar with the meter movement? Right? What's the problem with that? believe all women,

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if some if a woman says a man did something wrong to her, you have to believe.

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And there have been in the past few years, maybe hundreds of false cases where I mean, at least a couple of sports does I know of I've been following the stories. A woman accused him hashtag Me too. He gets fired, loses his family loses his job. Three months later, the woman says I was lying.

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Right? man's entire career is ruined by a lie.

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So we get very emotional about these things. And we get very emotional. So you have to believe them. Our Sharia actually is the opposite. Our Sharia is people are innocent until proven guilty. Because if we open this door of believing anyone they are. This is actually what happened to one of these people was that he was in his hotel room, one of the sports players he was in his hotel room and a female camp, a female fan came to him and wanted to sleep with him. And he said no. And she said, if you don't sleep with me, I'll tell people you take me. And he said no. And so the next day, she posted on Twitter that he raped her.

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And he got fired, and he lost his job.

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So these things are happening. So the idea that believe all women all believe all men, either way, it's wrong. In Islam, people are innocent until proven guilty, there has to be evidence. Now, the emotional issue that pops up here is that if you have to have evidence for every crime, a lot of people are going to get away with crimes. I guess the emotional aspect of it, that people are getting away with sexual abuse with rape. And as Muslims, we don't believe they get away with it. Why?

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Why don't we believe they get away with it.

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You have the Day of Judgment. This is something we firmly believe as Muslims. You see, the people behind this movement don't believe in the Day of Judgment. They believe there's no punishment in this world and the person got away with it. We don't believe that we believe that a crime if it's punished in this world, the person won't be punished for it in the afterlife. Firstly, right? Secondly,

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if they got away with it, they will be punished in the afterlife. And the punishment in the afterlife is most of you actually not getting away with it. If a man now will be that did something immoral to a woman, right against her work, and there is no witnesses, and there's no way for her to prove it. We believe as Muslims that on the Day of Judgment, he is in big trouble. There is no way he's getting away with it. So therefore, we don't need these movements. Because our faith is not in the justice system of this world. Our faith is in the justice of Allah subhanho wa Taala. And we also believe I do something I personally believe from experience that anyone who constantly commits

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a crime will get caught in this world. And I'll erode your status as well. Earlier on you said, you know, when we catch a thief and chop off his hands, it wasn't the first time he stole

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it wasn't the first time he stole because the first time somebody steals whether Allah Allah forgives them in high school.

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is the second time Allah forgives them in hyson. Now once he becomes a habit, once they become criminals, once they become, you know people who are hardened to this crime, that is when Allah subhanaw taala exposes them. It's the same thing with sexual predators. The same thing with men who abuse women. Right? They did it once. Maybe Allah would levy for the DFS, what are they doing it often, Allah will expose them in some way or another in this world, Allah will make sure that they expose in this world, why to protect people from them. So these are things that we believe about this. And so therefore, we must be careful not to get emotional about these issues. It is an

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emotional issue. But when when one of the

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principles of the Sharia is when dealing with fear, and when dealing with court cases, you cannot involve emotion. You cannot deal with a court case based on emotion, you have to look at facts. So in these issues, we do not go with the hashtag, you don't go with the movement, you don't go with what feminism is saying, We don't go with, you know, but what if he's telling the truth, rather, we say if she's telling the truth, either Allah will expose him in this world, or he's going to get in big trouble and they have judgment. Right.

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And if they are witnesses or something or Hamdulillah, Allah will open the door. By the end of the day, we can't just open the door just believing everyone on everything, because not everybody is honest. And they have been so many cases of the opposite happening, right? Where people purposely lied just to get someone fired or to get someone in trouble to get someone you know, to lose the job or just out of spite sometimes just out of spite. If a woman knows a man that she wants to marry is married to someone else to break up the marriage, she could like, even the opposite way around, right? So therefore, people are innocent until proven guilty. This is one of the principles of the

00:31:52--> 00:32:28

Sharia. Be very careful with WhatsApp messages like this. Again, every few months is a WhatsApp message going around. So be somebody new is always a new drama, this person is doing this this person is doing that this person is walking distance, innocent until proven guilty. Right? Whenever we hear there's a verse in the Quran, Allah Subhana Allah says, Why did the believers when they hear such rumors, they should think good about themselves? And just, you know, say anything good about the others, he says, You must think good about yourself, meaning I say, I wouldn't do it. So I doubt they would do it. Right. So thinking good about yourself and the other person, people are innocent

00:32:28--> 00:32:33

until proven guilty. And we leave these things for the Day of Judgment. We don't have to be obsessed with justice in this world.

00:32:36--> 00:33:21

What is confirmed by certainty can only be invalidated by Saturday. So this just reinforces the primary principle. Right? The primary principle is certainty not overruled by doubt. So just to reinforce that, or to clarify what is certainty, overruled by its overruled by a new certainty, right? So someone, right how this would work is someone remembers making widow doubtful whether they groped a widow or not. So they are considered in a state of fudo. But as they are about to start this a lot, they get the flashback and say, Oh, now I remember, I broke my widow. So now it's also certain so now certainty will overcome certainty. And this now makes it that you go with the new

00:33:21--> 00:33:47

information, right? Similarly in a court case that someone's innocent until proven guilty, what will prove them guilty certainty so then here comes from what witnesses or clear evidence or confession right or confession next one, this one is not applied in South Africa at All right, the next subsidiary Maxim of this I'll absolutely assure Alibaba the original state of anything is possibility

00:33:48--> 00:34:00

right the original state of anything when it comes to this dunya is homosexuality. They is for the most part each bar on this concept a

00:34:02--> 00:34:12

three position Okay, let's put industry the Sharpies molecules in humble these all agree upon this Maxim is only one must have. They had a difference of opinion about this Maxim which must have the utilities

00:34:13--> 00:34:27

Hanafi madhhab in the Hanafi madhhab they are three positions, they actually three different Maxim's some Hanafi say the original rule of everything is haram until proven holla some Hanafi say

00:34:32--> 00:34:59

some 100 bc I believe this was the position of Abu hanifa I'm I could be mistaken Yo is that things are doubtful until proven halal or haram. So he doesn't pass judgment. He just leaves it as doubtful until proven either way. But the majority of hanafuda much out history have gone with the majority of other martial history. So actually, the mainstream hanafy position throughout history and this you find practice amongst the hundreds of Iraq, the 100 piece of

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

Turkey the 100 feet of the majority of the world besides Indian 100 feet, for some reason is that the original rule for anything is permissibility. So you can say that 90% of Allah agree upon this principle is a very small group that does not and I really believe any element of the past, we have the view that things are haram until proven halal. I think they would have changed the opinion nowadays. Because

00:35:25--> 00:35:32

if you had to apply that principle today, if you actually apply the principle today, how do we prove a project is halal?

00:35:33--> 00:36:06

How do you prove a laptop is halal? How do you prove internet is hella? You can't You can't prove any of these things that Allah right. So that principle becomes very impractical in the modern world. So therefore, it is my view that nowadays, all of the AMA should go with the majority view and the majority view even in the Hanafi madhab. Is it a slew feel ashamed about how the original rule for any worldly thing is permissibility? What this means is that

00:36:07--> 00:36:25

anything you see, you have yaqeen that is halaal. If you have shocked about it being doubtful or doubtful about you being Haram, then it is permissible until proven otherwise. So for example, if someone tells you that internet is haram,

00:36:27--> 00:36:45

you ask them what is your truth? If someone tells you that television is harder, you ask them, What is your proof? Anything? Things are harder to prove how human beings invent a new thing. It is harder, and it's proven harder. How would you prove it wrong?

00:36:48--> 00:36:53

The principle we're going to discuss next week. That's how you prove it wrong. What's the principle we discussing next week?

00:36:54--> 00:37:33

A thorough user harm must be eliminated. So how do you prove something is haram? you prove it to be harmful. If you if you have evidence that the harms of something outweigh its benefits, then you can say it's how I should This is why I'm of the view that smoking is harmful. This is why I'm of the opinion that painkiller medication is haram except in necessity. This is why I'm of the opinion that recreational drugs are Hara. Right? Because all of these things have known harms. So even though they're not mentioned in Quran and Sunnah, the other principle as we go into the next week ago, you learn that principle makes them harder. So

00:37:34--> 00:37:57

we have a problem in South Africa, that we are too quick to call things wrong. We are way too quick to call things IRA. And by the time we change our minds or change our opinion, the harm is already done. From unnecessarily making things harder. I mean, just look at our our history the past 100 years, right? So when the radio was invented,

00:37:58--> 00:38:11

or the masjid is haram, instead, it's some kind of magic in some kind of see her. And this is haram. And as a result, we got Muslim radio stations way too late.

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

When television

00:38:15--> 00:38:37

was invented, Muslim city was Haram. And then 20 years later, they started seeing his halaal. And now you're getting Muslim television stations started at 20 years earlier. But we behind everybody else to be started 20 years later. It goes further back in time, the Ottoman Empire, right also 100 fees also same problems. Right. They made the printing press Hello.

00:38:38--> 00:38:51

And they fell behind Europe because of that. And by the time they decide, oh, the printing press isn't actually Haram. It's Allah. They were way behind the rest of the world in terms of education. So this is a problem. And now in nowadays we have

00:38:53--> 00:38:54

microphones. Yes.

00:38:56--> 00:38:58

microphone is better, right?

00:38:59--> 00:39:06

It just goes on and on and on. anytime something new invented. The first thing we jump on is hora.

00:39:07--> 00:39:33

IFC, we need to scale back, its halaal until proven otherwise, something new is invented, it is harder until proven otherwise, if you can prove that it is harmful, if you can prove that it is dangerous if you can prove that it violates any of the mikaze to Sharia. If we can say yes. Otherwise, we say it's valid. In fact, to be completely honest with you following the principles I follow. If I lived 100 years ago, I would have said smoking is hot. Why?

00:39:34--> 00:39:59

Because 100 years ago, they were shocked there was doubt about smoking being harmful. But today I say it's haram because now we have yaqeen that smoking is awful. Right? So again, something could be invented today. Let's give an example. Something we all love coffee. So coffee is Hello. Someone see but I think it might cause this problem. I think there might be some harm to it. As long as you think that there's high

00:40:00--> 00:40:33

to it, it remains helot because conviction cannot be overcome by doubt. Now 20 3040 years time, one of our doctors here discover with conviction, the harms of coffee, they do a full study, we find that a million people die from drinking coffee across the globe. Right? Now, let's change our opinions here. Because now we have conviction in this era, hopefully attend never comes, remains halaal until the day of judgment, but that's how it works. So you work with the knowledge that's available in your time. And if I leave 100 years ago, see that smoking is halaal.

00:40:34--> 00:40:52

His ruling was right for his time because he based on the knowledge that was available at his time. Right. So this is how it works. We have to be very careful with this principle. And have some people get worried you see, what do you see? Everything's halaal until proven Haram. You open the floodgates

00:40:53--> 00:41:17

open the floodgates people want to do everything by the sponsors so they can do everything. So he's not around to stop someone from doing something Allah. If you look at the ancient Muslim empires, nobody ever tried to stop someone from doing something. Haha. I mean, the only time I can think of is when the Ottoman Taliban coffee houses houses, not because he was around but because that's what people were plotting against him.

00:41:18--> 00:41:45

There's only time I can remember that happening. But in general, the Sharia gives people full freedom to do anything halaal even if it is macro, because he's our principal, even if it is macro, meaning you see someone doing something macro you can't tell them don't do that. Why? Sahara, Sahara only doing something that's clearly haram then you can do Nahanni mancora preventing them from heart from

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

Egypt.

00:41:50--> 00:41:54

Yes, they can eat influence, the front issues another one to come to.

00:41:55--> 00:41:59

Because in the 100 females have the actual opinions on fronts, right?

00:42:00--> 00:42:10

This is really where a lot of people forget about being Hana fees. A lot of people were so strict on the tech lead just put the anime manga beside when it comes to seafood. But

00:42:11--> 00:42:23

technically, if you go and Eva's opinion, prawns will be around, but nobody wants to hear that to see that anymore. Right? My opinion is halal because of the Quran is very clear on that. But

00:42:24--> 00:42:39

in general, if someone is doing something macro and this is why those are the VA who believe that smoking is macro they will not stop anyone else from smoking. I because individually it is macro. And I'm gonna do this harm. So I tell people don't smoke in front of me Don't smoke around me.

00:42:40--> 00:42:48

Last time someone was smoking in front of me. I literally told him in 40 years time if you have cancer or lung disease Don't blame me cuz I want you

00:42:50--> 00:42:57

know, younger people need to realize the consequences of what they're doing. Otherwise, they don't see it. They don't know.

00:42:59--> 00:43:13

So original rule is that things are holla. Again, the issue that it opens the floodgates there's nothing wrong with opening the floodgates to holla there is nothing wrong with it. Why are we trying to unnecessarily make Islam strict? We Allah did not make it strict.

00:43:14--> 00:43:20

So one of these issues that somebody raised recently on this issue someone told me, so you think dancing is hot?

00:43:21--> 00:43:23

What do you guys say about that?

00:43:24--> 00:43:26

is dancing Khaled O'Hara?

00:43:29--> 00:43:31

Also quantex is a good one.

00:43:32--> 00:43:34

But in general, is Africa happy to give you the answer you get?

00:43:36--> 00:43:38

The whole idea is dancing is haram. But

00:43:39--> 00:43:44

let me ask you a question. Which verse of the Quran or Hadith says dancing is

00:43:46--> 00:44:08

zero. There's literally not a single verse of the Quran or Hadith on that. Nothing at all. And traditionally, any Muslim culture in the world if you've been to the weddings separate for the men separate for the woman, but in the woman's side, the wedding, what are they doing? They're dancing. That's from every single culture, everything about her. Is that Haram

00:44:09--> 00:44:26

is it Haram in a in a woman's only section in a wedding woman adaxial agency with each other? Is it hard? It's not? It's not? Again, context. It's all about context, right? If a husband and wife are dancing individual, right on the anniversary knife, is it

00:44:29--> 00:44:34

going to do much worse things than getting all of that holla How does the dancing Bukhara?

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

Yeah.

00:44:45--> 00:44:46

music

00:44:58--> 00:44:59

do you get the disease

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

The reason why people are scared of this principle, because a lot of things that we assume are Haram, because we associate them with something else.

00:45:09--> 00:45:15

Technically they don't have. So dancing. Yes. If a woman is dancing in front of john Muhammad,

00:45:16--> 00:45:36

it wouldn't be Islamic Lee. Right? Right. But the men alone a woman alone or just maharam so it's just husband and wife, children children dancing is it's it's their fitrah whether you teach them to dance or how to tell them to dance, not to go into dance by the fitrah. It's just part of a child's nature to dance. Not doing anything harder.

00:45:40--> 00:46:00

So the original rule for anything is permissibility. moving in the opposite direction. Not everything is permissible by nature. The readings are haram until proven, this is important to read things are haram until proven Allah number one. Meat.

00:46:02--> 00:46:13

Meat is haram until proven meaning if you find a chicken tikka, perfectly cooked, you have no idea where it came from? is allowed for you read it?

00:46:15--> 00:46:17

No, cuz you don't know. You know,

00:46:18--> 00:46:38

when you started it, was it Muslims? Or did they say Bismillah? You know, meat is actually haram until proven Allah. And nowadays, technically, we can see a certificate from a hollow body could count as proof of eating halal. We don't have to go to the extreme of some of our local movements. They want to know the name of the person who's gotten it.

00:46:40--> 00:46:44

Right. We don't have to go to that extreme. But just knowing you're certified by Muslims is enough.

00:46:45--> 00:46:54

But it's important to know because some people have gone in opposite directions. No, everything's highlighted proven wrong. So you go to McDonald's in the USA. Hello. Could you prove that?

00:46:56--> 00:47:38

It doesn't work like that. Meat is haram unless you have proof that it's now going to pick it up then that's another story. Maybe in the q&a, we'll cover that. Right. The second thing that is haram until proven halaal is acts of worship. right this is with the bit article. Now here this difference of opinion. The Sharpie must have will actually say it's halal and haram, the humbly Muslim says it's haram to proven halaal Hanafi madhhab and propositions. So basically, and this is the position I follow is that the act of worship is bizarre until proven to be an act of worship is not part of our religion, unless it can be proven to be part of our religion, meaning if somebody gets up and

00:47:38--> 00:48:16

they pray six records, extra Salah after Isha, right. And this is this is part of our religion, you will see it is not part of our religion unless you can bring truth on corruption that applies to any act of worship. Now, again, there is a difference of opinion here. So we have to be nuanced about the difference of opinion. And we have to tolerate the difference of opinion, because they are different positions in the different math hubs regarding the issue of what is better and what is not. So we have to be a bit more tolerant to this because certain things for example, reciting Quran as a salad, so up for the dead, is permissible in the Hanafi madhhab. But considered with the

00:48:16--> 00:48:58

humbling meta. So you will find difference of opinion amongst the mud hubs on whether a specific act is better or not. And again, it's one of the issues you get emotional about. But we have to understand this difference of opinion, what's considered without to one person might not be beat up to someone else because they following different principles here. And because they are actually two opposing maximum fear based on two opposing groups of Allah, and both opinions are without sunova. The third thing that is prohibited until proven to be permissible, is sexual relations of all kinds. So our Sharia has prohibited every kind of sexual relation besides to marriage and professor.

00:48:59--> 00:49:00

You want to see that one

00:49:06--> 00:49:07

slave goes

00:49:09--> 00:49:47

completely blank our religion allows only two types of sexual relations one that applies to our time, right? A marriage between a man and a woman and a sexual relation between a man and his slave called the second one does not apply to our time. It does not write a lot of men fantasize about it but it is not right a lot of women are to leave Islam because of it. But it's a fact every you know this is this the pet some people this is like the non Muslims or some of the one of the favorite things to attack Islam or your religion allows men to have sexual snickles my response is technically every religion does. Technically, every single religion in the history of this world

00:49:47--> 00:49:58

allowed a man to have sexually staples, which religion prohibited. Hindus studied Christians in the Bible. Jews did it. So why is it in Islam

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

It's just that we live in a time that doesn't exist. And I guarantee you to save atheists who are so against it, they live in a time of slavery, they'd be the first one to be doing it. Right. So it's just a matter of fact, that's something every religion allowed, including Islam, the only difference Islam set very specific rules for it, and a slave girl who became pregnant true that in relation she had become a free woman when her husband died, and

00:50:27--> 00:50:57

her status in society will be elevated. So for example, many people don't notice that the Ottoman kings, most of them did not have wives, they literally had a harem of slave girls. And the next ultimate King came from one of the staples, and she would be elevated to the status of wallets with Anna Wiley, the mother of the king of the king. And she would have the highest status in the in the kingdom after the king, despite being a slave. So again, this is part of our history, we need to know it.

00:50:58--> 00:51:13

In our times, only one type of sexual relation that is allowed us between a man and his wife. So homosexuality is completely out, not permitted at all, in any form. Again, there's some group trying to see but between woman a woman is not so bad. It's so bad. It's so hard.

00:51:14--> 00:51:19

I know why people see that it's not as bad. It's still harder, right?

00:51:20--> 00:51:34

It's exactly because there's no sodomy involved. So it's not hard. It's still hard. Right? So the only type of relation that will be allowed in our time is between a man and his wife. But technically Oh surely allows two types between a man and his wife, and a man any slave.

00:51:35--> 00:52:15

Anything else is considered Haram. And a man and a woman being together in our religion is considered Haram. And this is proven, and these people know that they are married to each other. And this is why our sherea tells us to make our marriages public. And this is why I'm completely against the idea of secret nikka which by the way, is very prevalent in our community. Secret knickers are very prevalent in our community, and I believe is completely wrong. Because people have to know people have to know your value, otherwise, they can assume committing Zina and it messes up everything from lineage to inheritance, everything is messed up in a secret in cost import. So

00:52:15--> 00:52:27

that's another issue to go into anyway, running out of time. Let's finish this off. imaginary things have no value. That's another subsidiary, mathematic, imaginary things have no value. What does this mean? Someone says,

00:52:29--> 00:52:30

No,

00:52:32--> 00:52:35

no, no, it doesn't apply to cryptocurrency.

00:52:37--> 00:52:43

cryptocurrency is a whole different issue to go into. But imagine it seems over your means, for example,

00:52:44--> 00:52:46

for example, someone saying that

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

the whole story angels are entering the kitchen if a woman doesn't have a headscarf, that's an imaginary thing.

00:52:54--> 00:53:32

Like there's literally no evidence for that. It doesn't come anywhere in the Quran. So imaginary beings will default to false beliefs, assumptions, assuming that there's some harm to something. So for example, if someone says, You know, I think Apple should be harmed because I think he causes cancer. Let's imagine that someone's imagination, you cannot make fake rulings based on imagination, right? So someone who has extreme OCD or some similar type of mental illness should not be in charge. Because, you know, the laws of imagination will end up dominating if it rulings, right. So imaginary things have no value in our Sharia unless you can prove something by evidence, it doesn't

00:53:32--> 00:53:33

come at all.

00:53:35--> 00:53:49

And what is normally unlikely is equivalent to the impossible. So anything that's highly unlikely, we don't consider it in our shunning. Right? So people tend to make something hierarchical what if what if what if so,

00:53:50--> 00:54:01

most common example in our community, you cannot let women go to the masjid because what if they comacina in the masjid? Highly unlikely that anyone's committing Zina in the masjid? Right? It's close to impossible.

00:54:02--> 00:54:40

Impossible, right? That it's like the most far fetched idea, in terms of what possibly going to end up happening in the masjid. So you don't count it as well, you do anything is highly unlikely. We don't count it at all. When it comes to fake rulings. This is normally applied to example, if a man disappeared 35 years ago, no one's seen from him. No one's heard from him, it's highly unlikely that he's alive. So he would be considered dead according to most of the muscles, most of the muscle because the Hanafi madhhab goes in the opposite direction, a lot of issues all the must haves on one side kind of the opposite direction, by the way, on this issue, even though the Hanafi Muslims in

00:54:40--> 00:54:59

the opposite direction in recent times of Hana, viola, even those who are strict on blindly following, they must have to not follow the Hanafi mother position. Why? Because we have more than technology. If someone disappeared for 35 years, it disappeared take on, right I mean, can't do them with GPS, you can't get them over

00:55:00--> 00:55:34

You can't get them with spies, you can't get them with a private investigator, you can't get them with anyone wanted technology, they probably get in some way the bottom of the ocean, right? So even the Hanafi madhhab, which gives I think something like 65 years before you can see his wife so we don't even they have rotted lives, okay, nowadays, it's not realistic to make someone wait that long. So they are true, anything that's highly unlikely is considered impossible. For example, someone disappeared 35 years ago is highly unlikely that they're still alive. So in terms of inheritance, advantage, etc, they will be considered dead until proven alive.

00:55:36--> 00:56:12

So with that we've reached the end. You can see, the reason why we spent the entire hour on just one principle of fic is because there's so much to unpack just so much to unpack next week we're going to cover two principles of fic. I'm going to cover two because we technically covered them already. One of them is harm must be eliminated. We cover that in our Constitution. The other is local culture is the deciding factor. We cover that in a little thick, right so cover both of those who may collide. Vicki Vicki our perspective next week, look at the subsidiary Maxim's related to vote the week after we finish off this topic by looking at the final Maxim again, very important for our

00:56:12--> 00:56:34

time in our community. Difficulty causes relaxation in the law. We'll cover that we'll do an entire hour on that inshallah to extend that will be our final presentation on this topic. I think after that, I'm not sure if we stopping for the holidays or not we decided each other and into extended school holidays right? Yeah. Okay, so q&a Any questions?

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

Okay.

00:56:40--> 00:56:51

Seventh your calculation. Okay. Excellent point. So, yes, the issue right, a lot of people want to stick with moon sighting with the naked eye.

00:56:52--> 00:57:26

Even though technically technically when it comes to determining the calendar for the rest of the year are we dependent on moon sighting or calculations? Most of the world calculations I will select and that will depend on the moon site on the following the sample calculations calculations to the second to the second yes if tolerancia So, what are we looking at sunrise and sunset? Are we looking calculations calculations? So why do we have no problem following calculations and all those issues are when it comes to Ramadan moon suddenly calculations libido

00:57:27--> 00:57:42

so we have I think we need to rethink that issue. I really think we should eating the issue maybe we should now have a global Islamic adaptation calculations it makes sense because for everything else from salado if that to say the recording will calculation so why not Roman citing in a one time

00:57:45--> 00:58:03

schools in forcing students to brace a lot of your high school students is it right or wrong? Now if they are unwilling to break the law enforce this law the intention is not what happens that the schools will have the right to do it because technically even the government could enforce a law

00:58:04--> 00:58:21

the law would be valid meaning if someone is forced to please allow and disallow will be valid, you will not count as as the major sin of missing Salah you just won't get the reward for this. So there's still something there there's still some benefit in that

00:58:26--> 00:58:33

night Okay, so if you ask for two people call you a salary is that happened to everybody? If you ask people for food, they call you salary.

00:58:35--> 00:58:37

Yeah, you say

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

to yourself,

00:58:42--> 00:58:44

because apparently only Salah is for the Quran and Sunnah.

00:58:45--> 00:58:48

That's that's a major form. Okay, so

00:58:49--> 00:59:02

technically all the must haves for the Quran and Sunnah. And so when it comes to an issue that isn't clearly from the math hub, no matter what Mother You follow, you have the right to Ashoka rasuna ism called your salary they call yourself a business you know what you are the people call you

00:59:04--> 00:59:08

a certainty versus doubt now we have a legacy.

00:59:10--> 00:59:12

Legacy backwards news.

00:59:17--> 00:59:56

But when we ever need to budget, meeting the needs of students. So when the question was that we have fatwas from Allah Ma, 50 100 years ago, saying something is hard or something is wrong, and now we have new evidence on the issue. So can the factors change? The factors have to change because remember, we mentioned this sort of kick Vic needs to be revised every 10 or 20 years you can't stick to a firearm in India 200 years ago today, this actually popped up when the issue of smoking causing cancer came up with around the world had meetings on this. And he said, do we stick to the fatwa of our forefathers? That is halala crew, or do we not change the fatwa make it harder? So

00:59:56--> 01:00:00

those who are strict on blindly following the forefathers they stuck with the photography democracy

01:00:00--> 01:00:03

Rule those who are more in favor of following evidence, that's when you start seeing

01:00:09--> 01:00:12

that could very well be the same way.

01:00:13--> 01:00:24

We don't know yet. Okay, so that's important. So things like energy drinks, even joining the soft drinks like Cola, Coca Cola, things like that. We don't know if

01:00:25--> 01:00:39

we will really have concrete evidence. Okay. Doctors that maybe you can clarify this for us. Things like Monster Energy Drink Red Bull, I gave you we have yaqeen that they are harmful or shock.

01:00:41--> 01:00:53

Like you someone drinks one more. Okay, let me give you honest with you today as you take a five kilometer walk and avoid the energy to enjoy walking back home, because I will never be back. So technically, are these things harmful?

01:00:55--> 01:00:56

Okay.

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

quantities quantities, like your straightforward energy is a lot of sugar, caffeine and flavoring and

01:01:08--> 01:01:08

preservatives

01:01:10--> 01:01:11

are loaded with a whole host of

01:01:13--> 01:01:25

your Red Bull monster. Yeah, the same thing on steroids. Okay, a lot more caffeine. So again, if you fit in healthy and have a bit of an extra dose, yes. If you are severe hypertensive.

01:01:27--> 01:01:29

In your head, you start pumping, yes.

01:01:31--> 01:01:35

Professionally, causing harm to the body over potential problems.

01:01:36--> 01:01:38

We have found our patients

01:01:40--> 01:01:42

driving long distances. And we see the effects

01:01:43--> 01:02:20

of kill so many other factors. So what what we can see the news that, again, it will come true most types of food that people who are sensitive to it, we will tell for that individually won't be allowed. But the issue now would be in general, can you pass a general fatwa and say that energy drinks are haram because they are harmful? I would say at this point in time, no, they are halaal until we have convincing evidence that they are harmful to everybody. Once we have evidence that they're harmful to everybody, so maybe 10 years time, half was dropped from energy drinks. Can you give me okay? harmful to everybody? Let's make Ihara until then it's hard to

01:02:24--> 01:03:02

say okay, I have a friend instead of making a long term relationship, they work with intention to get married, when inevitably, something's gonna go wrong with a meeting over time. What do you choose to do choose to have the nikka come together before the wedding so that those around them know they haven't hidden it? But they haven't had big politicize things. Okay, here's a good point. So yeah, I get what you're saying. So the, I say that I'm against secret, because in the example he gave is what if someone makes nikka. And their family knows about it, but they haven't made it public. And maybe like employees tend to have a wedding and he'll then becomes public. Islam is not

01:03:02--> 01:03:05

considered secret, if at least five people know about him

01:03:06--> 01:03:08

who advise him.

01:03:09--> 01:03:10

Okay, he's not

01:03:17--> 01:03:19

needed to go down that path.

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As long as there are people who know about it. So for example, if one of the metro died, there's enough people that know about it to make sure that the inheritance and everything else is taken care of it.

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Is not that I mean, literally this week, there's not a single person in this room who ever see every single member of luminosity Malik, right, eventually, it's just some people know some people don't know everyone, it's just that you need to make it as public as possible. But there's a minimum number minimum number is arbitrary, sometimes up to a five, some say 10. But it's like, as long as enough people know that if you die, it gets sorted out. Yeah, yeah.

01:03:55--> 01:03:59

meeting a bunch of messed up things like lineage and stuff. And inheritance law

01:04:04--> 01:04:06

that we have, because that's what the

01:04:08--> 01:04:10

Americans got this topic of. Right.

01:04:12--> 01:04:27

Yeah, I'm also not too clear on that myself, because I've heard two different definitions of what they mean by that. And I've got friends on every side of that. So I want to go into issue doesn't consensus African, so yeah, leave it off for now. Okay. Let's ask some questions. We

01:04:29--> 01:04:32

can we can eat a lot of food and the women.

01:04:36--> 01:04:51

Okay. So the Koran states that the food of the people the book is permissible for you and the chaste woman above it possible for you. So there's two separate issues here. One is the food one is the marriage. Right? So

01:04:52--> 01:04:59

I'll give you just I'm not going to go into the long stories because the time is already almost up. But my position when it comes to marriage, I believe

01:05:00--> 01:05:19

If that in a Muslim country, for a Muslim man to marry a pious practicing Judeo Christian woman is permissible. It's not the best option. It's not an option I would encourage, I would say it's like makuta Tansy, but it's permissible in a marriage is valid in a marriage is acceptable.

01:05:20--> 01:05:59

In a non Muslim society, I would move in the opposite direction. Right? The reason being that number of reasons. Number one, the children one of the main things to consider in Islamic Getting married is the type of children that marriage is going to produce. So if the father is a Muslim, and the mother is a Christian a growing up in the Christian country, children producing that marriage, especially there's a divorce, are more likely to grow up as Christians. And I personally know people like this in Durban, I know people whose father was Muslim mother was Christian, they grew up as Christian. Right? So that's the big consideration. The other consideration is the One Stop sign. He

01:05:59--> 01:06:35

prohibited men from marrying woman about a tab because they were choosing those who went over the Muslim woman and a Muslim woman were getting married. And now the definition of community was the woman and not getting married. So if the Sunni unmarried was the woman, why are people jumping for Jewish and Christian dating is the Quran says masala to the chase, Jews and Christian. Most of the cases these days and I've been to the Christian girlfriend, is anyone familiar? Now at his church? No, he chased, right. So it's very strict conditions, I would leave it as something that I would not encourage at all in this society. Very rare circumstance, right? If you ever pull up it, but it's

01:06:35--> 01:07:20

technically halaal in an Islamic Society, like mcru meet of the People of the Book. Again, same thing. The meet of a pious practicing Jew or Christian is holla. So I believe kosher meat is hella because kosher meat is slotted on a very strict standard similar to Holland meat. However, the issue of the mass market meat found in in Christian and non Muslim supermarkets in South Africa and USA and UK. The problem is the majority of Christians in these lands don't really follow Christianity, the majority of our secular humanist or atheist or cultural Christians, they are the people who truly believe in their practice their religion, yes, if you had to go to a Christian friend's house

01:07:20--> 01:07:48

who is a practicing Christian, and he slaughtered the animal in front of you, and he takes the name of a lovely stocking the animal it will be allowed to eat it. But the majority of meeting supermarkets is not like that. I would say, stick to meat. So it's Africa, we have enough meat, you don't need to go to it. But like when you're traveling, you travel to America or to a country with no Muslims, stick to seafood or veggie dishes. Or if you have to eat meat go to a kosher place, right at least add kosher meat that will be halachah. But otherwise,

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and the general mathematical meat I don't believe is far

01:07:53--> 01:07:54

more than me, is.

01:07:56--> 01:08:09

It it doesn't really amaze me? Yes. Okay. He invited us to the restaurant, toasters. And then he ordered chops and chips and the big fish and chips. They missed. And for those patients who

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did not

01:08:13--> 01:08:13

come with

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a difference of opinion from my teachers, there are those who believe that like any McDonald's and stuff in America is hard because I think a lot of them I do have teachers deposition. Also have teachers who live in America who don't follow their position because they live there. They admit that Christians have that land and they say these guys are not real Christians. So do my teachers are actually living in America change the point they had it positionally, originally, and then they move to the other side says no committees no holla because he's not slaughtering it in a proper way, not raising it in a proper way. They got real Christian so stout also stay away from it.

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shabbiness was a Moroccan Muslim, we asked him

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about this. And he said

01:09:06--> 01:09:12

and said that because there was no witches, anyway. And then

01:09:17--> 01:09:18

the red meat

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Anyway, it was permissible. Because if you if they didn't do that, the field was a Muslim coin and you could walk into the house and stuff. So to stop that he had never paid

01:09:37--> 01:09:38

me.

01:09:41--> 01:09:42

So

01:09:44--> 01:09:59

I don't know if I would agree with that. But Allah knows best again. He knows their own country and What's the situation? We've never been in a situation so I know what Potter we keep if you were in a situation like that. The good thing is we live in South Africa, which we have haraguchi decided to retire

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This entire area are competing with each other. So we don't have to worry about that until we're traveling

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between

01:10:17--> 01:10:18

like today

01:10:22--> 01:10:35

Okay, so a war capital in Islam when a when a Muslims capture someone in war they have a choice what to do with them the choice being to free them to ransom them to kill them or to make them slaves.

01:10:36--> 01:11:05

So until they make that choice not technically slaves yet to capital so that we look at the Battle of butter when they had the capitals in continent to be slaves, those ones they ransom, right, certain other people they captured the execution like the war criminals like the leaders of the Quraysh certain one of them they had a ruling that if these individuals if we ever captured them, they will be beheaded because they like the main causes or instigators of the problems. So technically, it's only at that point when they decide okay, now they're slaves.

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However, again, doesn't apply to our times. Which of you will walk up this

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

thing is

01:11:15--> 01:11:19

okay, that's a good point people that Boko Haram, those people are crazy.

01:11:20--> 01:11:20

Yeah.

01:11:22--> 01:11:23

Yes.

01:11:24--> 01:11:32

I know they did that. But every single arm of every single Muslim said what he did is wrong. I don't have a single argument any mother who say what he did was

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based on our

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hormonal Jacobi has a good book on that defeating ISIS. In his book, he has a whole section on the slave girl issue and how what they did today as he did is haram, he brings in the issue to take them across it everything that he proves it to be wrong. So if you can get hold the book and read it, it's very clear. Technically, when slavery was removed from this world, Muslim and non Muslim agree that it's, you know, it's no longer acceptable, right? And so Muslims now have a contract with with the rest of the world, not to take slaves. So therefore, it's not applicable to our times.

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The issue of reviving slavery as part of reviving Islam is not part of Islam. because technically, our our religion promotes freedom, slavery was just a necessity of the times.

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I mean, when it comes to why slavery ended, there's two theories, right? The one the common one is that people suddenly realize that it's wrong. But that's not the truth. The truth is slavery ended because of the Industrial Revolution. I don't know longer need someone standing, you're fanning us because we have ACS, right? We no longer need people pulling our cards yet, you know, 1000 people building something called we have construction vehicles, the Industrial Revolution, machines replace slaves. That's what happened. So when that happened, that rolled out worldwide. And I honestly believe if the world had to go back to a time where there's no technology, it will begin to become a

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human necessity. Were those humans empowered enslaving other humans, even those people who are saying it's immoral, will change your stance on it, because it's very easy to say it's immoral, very literally the only time in the history of humanity where it's not needed. But technically speaking,

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Islam does not consider slavery immoral. It's just something that should be avoided if it can be avoided, but it's technically allowed. So in our times, it's avoided because it's not needed. It's social contracts in place. Our governments have signed governments that have signed contracts, other governments not to allow it, all of this is there. So it's something that we don't do, we don't think about we don't talk about but it is technically halaal if the situation had to come up again, nuclear war happens technology gets obsolete 1000s of prisoners of war sitting, they don't know what to do with them. They would have a better life as slaves and sitting in jail, to be honest with you

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in following the Islamic system. Allah knows best.

01:14:11--> 01:14:12

Yes,

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salami, because it often

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does, but community says

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so and it may be worth discussing because it cannot be now that comes up all the time.

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Okay, so the issues have been in our community and the fierce debates over the nature on one side, we have salami, people calling the bidder. On the other hand, the ones doing salami calling for tidigare mata and both sides calling each other's actions without

01:15:00--> 01:15:41

really understand that this is an HD high the issue is really the HDR the issue, there are differences of opinion even amongst the providers to watch the actual maximum. So we have, for example, some olema, who do believe in a concept of data center could be done, and we have other CDs no such thing as could be down. So I don't think is ever going to be consensus on this issue. At the most we can have a sense of tolerance for this issue. That Listen, there are two positions you follow. Those are example. alliums is just coexist. I mean, that's how the majority of Muslims lived throughout our history, it is learn to coexist with these issues. These aren't even what I would

01:15:41--> 01:16:02

consider the big data. I mean, when we talk about Buddha in the classical books of Akira, what are they talking about? They are talking about salami, or molad, or w Jamaat or anything like that, what are they talking about the talking about Guardian ism, Hawaii, which she is talking about groups with beliefs and practices that are

01:16:04--> 01:16:10

far away from Islam in that sense, right? The difference is that we have differences within us and

01:16:11--> 01:16:14

those are each jihadi issues. So

01:16:15--> 01:16:49

you like to eat a topic that needs to be discussed. My problem with bringing it up is I don't think discussing is going to solve anything. Because there will always be differences of opinion, the only thing we can do is maybe understand both sides and learn to understand where they're coming from and maybe create some sense of tolerance here. Okay, these guys do salami. These guys don't. Literally this week, this group celebrates the birthday of the proper slices out of love for the proper Islamism. This group does not celebrate the birthday of the professor out of obedience to the prophet SAW himself. They both doing what they think the prophet SAW some laughs I believe all

01:16:49--> 01:17:02

groups will be rewarded for that. Right? Because they both have sincere intentions. They both have done the HDR the Buddha arrived at the conclusion. They are classical Lama both sides when it comes to the birthday of the Prophet slowly some there are those like

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a suti. I think he will and our we will say these permissible.

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And the rules, like even the miosis is built up on both sides. Great Obama. Right? What are you going to do with these issues? You see a difference of opinion? So yeah, it is a big issue. But I don't know how if discussing, it will solve anything except maybe creating some level of tolerance, that these are acceptable differences of opinion, what's gonna happen to is, if I say it's an acceptable difference of opinion, even now, tomorrow, someone will send me a WhatsApp message, proving it's not an acceptable difference of opinion and telling me that everybody that say that coffee and a coffee person is acceptable difference of opinion or whatever. So I don't know how we

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solve this issue. I don't know our community, just it we just emotional about it. We get too emotional about these things. And they really aren't big issues at all. I don't see them as big issues at all.

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I see this thing alone forgive people for

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it had sisters, any questions of your side?

01:18:02--> 01:18:07

Okay, on the issue of slavery, yeah, there was a thing.

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We said it was a practice.

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And in Islam, they went with it. Because if you didn't take the capitalist sleep is like finding a bat with one hand tied behind your back, because that was a moment at that time. But what what happened was, as you the industry progressed, the source of slavery became less and less, and Islam introduce it as almost like a bucket with more holes in it. So if you want to explain yourself free,

01:18:39--> 01:18:51

strategies free, etc, etc. So you allowing him to get out of slavery and cruising the camp, feeding the slave market, eventually in time, there will be no slavery, like, right, it was,

01:18:53--> 01:19:07

like alcohol, it couldn't have been abolished with 101 ruling as it were, with time as the, the flow with that argument is alcohol was abolished in the prophets lifetime, while slavery was only abolished 50 years ago in Saudi Arabia.

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Okay, so the, for me, the way I look at it is our surely slavery in Australia is similar to divorce. There's the Sharia in countries divorce.

01:19:20--> 01:19:56

No, but it has an entire chapter in the book of divorce. It's allowed. It's a necessity. It happens, right? slavery was the same throughout the bulk of human history. A lot wants people to be free a lot in cottages freedom. That's what he's put so many ways to free slaves and so much honor for this freedom and states. But throughout history, slavery was something that happens. So just like how they speak of divorce, to speak of slavery, just like how there's permission for divorce, there was a permission for slavery, but even there, throughout history, Muslims do not consider slavery to be a good thing. It's something that's there as part of society. So you find many stories of the of the

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idea that some will come to them and say that

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destroyed slaves now coming to give a lecture to tell people to free their slaves. So which means the concern of the people even in that time of slavery was a norm was that people lecture to free the slaves to many people becoming slaves. So that's the Islamic mindset. It's allowed when any was allowed as a necessity, but it's not a part of the religion. They say we won't say divorce is a part of that. So for example, it just magically tomorrow, Muslims stop divorcing each other and everyone has happy marriages. Well, someone said we now need to divide divorce because it's in the Quran and because it's part of the sooner because you're practicing difficult divorce. No, we won't. Right? So

01:20:35--> 01:20:56

same thing with slavery. Right? It's not practice. Now we forget about it, we leave it and if we're living in that time, we probably wouldn't practice it. Right. It's just something which the Sharia has laid down those four because it exists. So time is up and hope you all found this beneficial inshallah. Next week, we will cover two of the providers we kill. These are called a pharaoh and Walker Tawana and your hamdulillah happiness