Usul al-Fiqh 6: Istihsan

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Ismail Kamdar

Channel: Ismail Kamdar

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Episode Notes

In this final lecture in the series on Usul al-Fiqh, Shaykh Ismail Kamdar discusses the Hanafi principle of Istihsan and how it can be used to solve contemporary issues in Fiqh.

Episode Transcript

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Salam Alaikum warahmatullahi wabarakatuh

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hamdu Lillah wa salatu salam ala rasulillah.

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So Hamdulillah, we reached the end of the series.

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Before I begin, I just want to thank everybody for attending.

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When I had this idea for the series, and I spoke to Mohammed about it, I told him, even if I keep it at the end we have in the class, so I wasn't expecting Hamdulillah, the crowd that we got, I'm really, really grateful to Allah subhanaw taala for giving us the opportunity to discuss these issues. And remember that this this six part series isn't really fatwas, it's it's just opening the doors of discussion. That's basically what we're doing, we we laid the groundwork for, for future discussion and future delving deeper into these topics. This is just, this is just an introduction to what what actually can happen in the world of tech. And I really hope that what we've studied

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over these six weeks, will open people's minds to just how dynamic is, you know, the one of the reasons why we don't need modernism, you know, modernism is the idea that Islam has to change with the times. The reason we don't need modernism is because fig is like this, Vic is such that it's adaptable to every culture, every situation, every necessity, it takes into consideration all these different things. So the laws are always changing. That's why we don't need modernism, right. So for those people who believe that Islam has to modernize, it doesn't just have to go back to our roots, we have to go back to using our principles to derive our opinions instead of just memorizing

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opinions. So today, inshallah we're going to cover the sixth and the final of the main issue of the Hanafi madhhab, which is the principle of the sun, right is the sun. So again, to begin quick recap, we said that the principles of heck

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are divided into three types, the reveal sources, which all of the must haves agree upon the Quran and the Sunnah. And the secondary sources which all of the primary math hubs agree upon. Iijima and key is that some of the secondary math hubs like these already must have done except these. But we talking about the primary Muslims, the ones that make up the majority of the oma, we said in the 100 image hub, there are two more principles of pick which are not found in these exact terminology and other methods. Now, what's interesting is these concepts are found in the other multiple images have other terms for it. Right, these two are Earth and Sun. So all we covered last week, was off.

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customization and culture. Right? Islam is adaptable to every culture. And it takes into consideration the customs and the norms of society. Actually, I was reading yesterday one of the interview books a very interesting example of that, right? The author is a very old book, maybe like 1000 year old Sufi book and author says about the verse. Don't say off to your parents, right? He said about this verse, this verse means you should not harm your parents in any way. So he says, if it becomes the old of a society sometime in the future, that the word of is a term of respect, it will become halali that society to use the word go for your parents. This is how it works. Right?

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That is not taking the Quran and Sunnah literally, it's understanding what is Allah telling Allah not talking about a specific word, he's talking about a mindset, right being harmful to your parents. So it's very interesting how the 100 women have from the beginning considered as a primary source of equity, even how they understand the Quran is affected by off. So today, we come to the final final of the major issue, and that is, is the Assad now there are other secondary principles of pick, we did not get a chance to discuss things like can we take from the Sharia of previous prophets, right, from the shall be of use of Elisa Lam or Musa Elisa? That's another area of

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dispute? Can we take Vic from the opinions of the Sahaba? That's another area of dispute, right? Again, that's all very high level detailed things to go into, I wanted to focus primarily on the main principles and ones that can solve our problems. So today's principle is stessa. Before I give the definition, can someone give me your own idea? What do you think his design is? Maybe you read it in a book somewhere or heard in a lecture or just on the word itself? What do you think is your son's

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public good, okay. Any other definitions?

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I should have what hussen means what is good is their son means to seek something good, right? These these letters in Arabic, a leaf seen and Darwin's at the beginning of a verb it means to seek something right to chew chew like to seek assistance or

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Easter

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Nino is the is the honor right needs to seek assistance. So it's the sun needs to seek what is good or to seek what is better. That's the literal definition of this word to seek that which is better. In grip, it is defined as going against the conclusion of prs, or providing an exception to the conclusion of the hours when the conclusion contradicts either the text or the goals of the Sharia. So obviously, to understand this, we have to understand the goals of the Sharia, which we will discuss in the next slide. But let's just look at the definition. First.

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We said that the fourth principle of faith is the US right? Now, do we always have to follow prs. According to all of the math hubs, know, if your er contradicts the text or the goals of the Sharia, then you don't follow that chaos. And we're going to look at many examples of that. But there's a beautiful statement for even a module zero himolla that really summarizes the concept of SSR. And I mentioned in the very first lecture that we gave in the series, and really this is really a sign in action. Even Rahim Allah said, the Sharia is founded upon wisdom, and welfare for the servant in this life and the afterlife. in its entirety. It is justice, mercy, benefit and wisdom. These are

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the goals of the Sharia justice, mercy, benefit and wisdom. So this is this is now talking about SSI. When PRC goes against the goals of the Sharia, with over Rukia associates associate even time says, He says, any matter that abandons justice for tyranny, mercy for cruelty, benefit for corruption and wisdom for foolishness is not a part of the Sharia, even if it was introduced by an interpretation, meaning even if this is your chaos, if your chaos is leading to a result that causes tyranny, or cruelty, or corruption of foolishness, or anything that goes against the goals of the Sharia, then it is not what Allah wanted us to do. So this is where the sun comes in as the sun is

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whatever made to us. And the result is something that's really going to make life difficult for society or cause problems in society, then we say that we need to overrule that chaos and the the list of principles for doing so this is called sdsr. But to understand this design, we first need to understand the goals of the Sharia. Now, next year, inshallah we'll do six weeks on the goals of the Sharia. But I wanted to just summarize them in five minutes, if that's possible. This is another beautiful field of study maku[???]a Sharia the goals of the Sharia. And when I first studied this, it completely revolutionized my approach to fit.

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Firstly, I had finished my audio course for several years before I even heard this term. So when I first heard of it, I was shocked. I was like, This is some kind of modernist thing, what's going on here? I'd never heard of this before. So I read the books on the topic of books by classical Maliki scholars like a shot at classical Hanafi scholars like Sha one Elijah, right? You're not reading modernist books. I'm reading literal classical literature on this topic. And from here, I learned about the goals of the Sharia. So what the goals of the Sharia basically teaches us is that Allah did not reveal the Sharia fanatic, is not just a bunch of random Lords that you're not making haram

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awaji because, you know, you want to test us only that is one reason, but there is wisdom we believe Allah is Al Hakim, he is most wise. Therefore there is wisdom behind the gods of Allah subhanho wa Taala. So the scholars have analyzed these laws to derive What are these wisdoms? What is the end goal? Why did Allah want us to do this? What are we supposed to get out of it? Right, that end goal or the thing that you get out of that law is called the goal or the backside of that specific law? From there they went deeper and they analyze the goals of the Sharia as a whole. So because they analyze specific laws, like imamo ghazali This is how we have Luma Deen right you have example you

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see shows how Salah is supposed to increase our taqwa and our members of Allah subhanho wa Taala. So this is a goal of salah and he showed the same thing with fasting and Hajj anyone who's been through Amanda's Ali's books knows that this is his approach. He focuses on the goal of the act of worship, don't just do it ritually, right, latest scholars, they focus on the Sharia as a whole. What are the goals of the Sharia as a whole. And one of the recent scholars, the great Maliki jurist, even assured Rama hula was from the previous century from literally the 20th century past during the 1960s. He has a beautiful book on the Constitution. And in this book, he summarizes the goals of the

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Sharia. In one beautiful sentence. He says that the Sharia as a whole revolves around two things. attainment of benefits and prevention of harm. This is the Sharia any law that Allah has

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Reveal is either something that benefits us or something that protects us from harm. This is the shadow. Literally any law that Allah has revealed, is something that benefits us or protects us from harm it does both.

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So this becomes the primary goals of the Sharia. the attainment of benefit and the prevention of harm and the prevention of harm is considered the higher goal of the show via meaning when there is a clash when something benefits you but it harms the rest of society, it is generally considered Herat, right, because prevention of harm comes first.

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Going deeper, the scholars of mocassin they divided the goals of the Sharia into three types, the dura, the necessities, the hijab, the needs and the senior luxuries. Now again, next year, we'll discuss these in details. Basically, they put things at different levels. So necessities are things that humans cannot live without needs are the things that you needed to fulfill the necessities. So for example, one of the necessities is wealth. So wealth is one of the necessities in the shelter, you need to be a job, you need a job to have wealth in most cases, right? a luxury is something beyond, right. So having a nice house having a nice car in terms of wealth. So you have necessities

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needs and luxuries. Again, we'll discuss this next year, it's it looks, you will take an entire hour to discuss those three topics.

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Right, so our show here revolves around the protection of the necessities. This is where the sun comes in.

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Is the sun is primarily if any law

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goes against the any of the necessities, what are the necessities? We'll come to that in a moment. If any of the laws have a have a specific chaos, violate one of the necessities, then it's overridden. Now what are these necessities?

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Again, is difference of opinion because this is something that I have derived and understood is not listed in the Quran or the Hadith. But in general, we can say most of the Obama who wrote about this topic, they wrote about five or six necessities in general, right? These five or six number one is religion. Religion is of two types. Number one, protecting Islam itself overrides anything else, protecting Islam itself from being corrupted from being lost from being destroyed. That overrides anything else. Number two, protecting the amount of people. That's the other meaning of protection of religion. Our religion revolves around protecting our mind. An example of this is Allah. When we

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pray five times a day we protect our mind. When we stop praying, our mind starts to disappear from Antara cavaco he prophesized me to ever abandon Salah will leave the religion right. So, this is a prediction of religion. Number two human life, do no harm. So our religion is a religion of protection of human life. This is number two, the religion overrides this guy. This is why jihad is allowed, because jihad is what about what is about protection, protecting the religion from being destroyed, when people are attacking a Muslim man to trying to eyeball the Muslims of a society for the Muslims to fight back to protect their religion, even though human lives will be lost in the

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process. right but this is the prediction of religion takes precedence over the protection of human life and the protection of human life takes precedence over anything else. So many, many things that are normally haraam become halaal if they are needed to protect human life. I'm sure you're familiar with the examples of pork and alcohol, that you become allowed to protect human life, right when it's necessity.

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intellect, right to alcohol and drugs are prohibited because they mess with our minds. So anything any kind of substance that is going to mess up a person's mind is prohibited because our intellect is a gift from Allah that needs protection is a necessity you cannot function in society without you see what happens to people who are addicted to drugs. Right? You see what happens to their brains, you're unable to fulfill the basic necessities of life. So this is why intellect itself is one of the necessities that religion was sent to protect. Number four, the scholars was the differently.

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Sharky because it lineage. Al ghazali calls it honor. Even assur calls it family, and that's what I'm gonna go with family because family is lineage and honor put together. Right? So the protection of lineage, honor and family. This is why Xena is prohibited. This is why marriage is encouraged because it protects the family protects individuals honor it. It keeps the family together. So protecting families. This is why religion is so strong and family rights, the rights of the parents, the rights of the children, the rights of the spouse, have the right to be distant relatives. Family is a major thing in our religion. It's a necessity of life. And finally wealth ownership. And this

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is why this is why

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It is an oxymoron to be a Muslim communist, right? Because well, ownership is a fundamental right in our religion. People have the right to own their own wealth, to build it up and introduce keep growing it. Obviously they have to face a god, you should give charity as well. But nobody can come and say you must, you're not allowed to own that much money, give a quarter of it away or give half it will give all of it away. Well, ownership is a necessity. Now religion is one of those things that the religion was in to protect. Our religion has laws in place for the protection of our ownership, the most basic well being don't steal, not allowed to steal, right?

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So basically what is the sun is, is the sun means when any fatwa or chaos violates one of these five things, then we override it. Meaning if someone's chaos is going to threaten the religion, or a human life, or into the protection of intellect, or the preservation of family, or the preservation of wealth ownership. In each of these cases, we will override each SSR against a very technical subject, hopefully, to stay with me thus far. Before we move on. Does everyone understand? Just on a basic level? What are the goals of the Sharia?

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Have you heard of this topic before?

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Raise your hand if you heard the call of the show to

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raise your hand if you've never heard of it.

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Okay, this is a tough topic we have to teach our communities really imagine if in school, we are teaching children, we pray Salah because of this, we have laws because of that Xena is haram because of protection of lineage and honor. I mean, we just don't get Xena is haram. And they see it all over the TV and they want to do it. What do we actually teach them the gold behind it? And wouldn't that be a far stronger preventative measure? So this is a field that has to be revived in our times. In the past it was studied and taught by Obama nowadays, I think it needs to be taught in every level of society. So now Why did I say it's the Assange is disputed.

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In the early years, there was some difference of opinion of a sign is allowed or not the very first book on pseudo rusada Written by Mr. a sharpie. Sharpie wrote the first book on pseudo tech. In the book, he has a whole section criticizing SSL and seeing that it's not allowed.

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But Imam Abu hanifa allowed it Mr. Malik allowed but he called it something else. He called it Islamic or Muslim. Right attainment of benefits

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have already been humble this they seem to be different durations from him. So the early humble is also had differences of opinion. Right, some humble he said he's allowed some say not allowed. Even Dania came along. And he showed him I'm not even humble they do is they sang therefore it is part of the humbly mahtab as well. So today is generally accepted amongst the humblest as well. So the early Sharpie must have did not really have a concept of the Sun until the time of Imam Al ghazali. Manuel ghazali proved that this is part of the Sharpie method, and that perhaps IBAMA Shafi did not understand what was meant by his design, because when you read him without his criticism, he seems

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to be criticizing a literal understanding of the word not exact concept. This exact concept is something he did himself, he just called the chaos. Right? He didn't, he wasn't criticizing the idea of focusing on the goals of the Sharia, he was criticizing the idea of giving preference based on your own intellect. So Imam Al ghazali said it's the sun is part of the Sharpie mug club, it's just not given that name is not called SSR. But the idea that you override the ruling because of the goals with the Sharia, it's there. It's the old format SOPs, they just have different names for it. So we can see every mother her mother has invented of overriding Diaz based on democracy, but they

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have different names for it. In the Hanafi and humbly malherbe, we call it a son. In the multi mother, it's called masala, how is this law in the Sharpie Muslim is considered part of the US is not given a separate name.

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In recent times, you will find more and more orlimar turning towards sdsr from all the Muslims and even from those who don't follow a method, why?

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Because we are living in a times where things are just, you know, difficult in terms of many things that people took for granted in the past. You know, I'm not so clear cut anymore. And many things that exist today do not exist in the past. And so we find that there are many, many cases today. We can't just rely on to say I have to find another way to fulfill the goals of the Sharia. And so you will find that this concept of Islam and Muslims are popping up all the time in discussions amongst Allah.

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Okay, so how do we know this is allowed? How do you know you can just override the US based on what you assume is the goal to the Sharia. Again, there are many evidences I will mention to her thesis and two narrations from the life of Omar oracular.

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So the Prophet Muhammad sallallahu alayhi wasallam when he

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conquered Makkah. He told Ayesha Raja, that the shape of the Kaaba is not the original shape. Right? The original shape of the Kaaba was what? Anyone knows.

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It was a rectangle, close like a rectangle, right? So it was longer.

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So the purposes of this allow you something that that says the shape of the cup, but I shouldn't ask you so why don't we just rebuild it in that way? Right chaos demands if that's the only original shape of the Kaaba, why not put it back into the proper slice I'm said that the people of Makkah have just converted to Islam. The first thing you have to do is bulldoze the Kaaba to rebuild it,

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to take it, so to preserve the man of the people of Makkah. He did not follow his chaos, which is to build the Kaaba in traditional form. Right. So yeah, he focused not on what he asked demands which which is really build acaba in traditional form, but on preserving the demand of the people of Makkah. Right, which is one of the goals of the Sharia preservation of preservation of religion. Second example, the Prophet sallallahu alayhi wa sallam said, he knows the names of all the hypocrites living in Medina, people who are fake Muslim spies, people pretending to be Muslims. So of course, Omar said, Why don't we chop the heads off?

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If we know this guy's a coffee, we know he's lying. We know he's a spy. We know he's infiltrating us. Why not chop his head off? He asked the man you execute him for treason? Right? What did the prophets lie Some say? He said, If I do that, people will say that Mohammed kills his companions. I mean, think about it today. Think about the the islamophobes in Islamic phobic websites Imagine if the veneration saying so and so took his Shahada, and immediately the Prophet Sam called omo to chop his head off.

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Imagine what a field he did have with that. So the purpose also having foresight, listen, people are going to think like this, they're not going to know that what he knows is he alone will have a disease knowledge of the unseen that he had that these people are hypocrites. So this is the world can't see this. What the rest of the world sees is this person is taking his Shahada and becoming a Muslim, you move into Medina, and the Prophet has your head chopped off. So to protect the amount of people till the end of time, he just let him go let the hypocrites live their lives. That's a punishment for the aphylla.

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The best example of a Sahabi who did a lot of Easter Hassan is Omar Raji Lovato, the reign of Ahmadinejad who had been studied by scholars of Sunil fick in many different angles, from the goals of the Sharia, the Maxim's of fic is the son oath. Why? Because Omar was one of those Sahaba who didn't just follow what the purpose was sorry, some said. He literally went against what the prophets lie Some say that you know what the Quran said many times when he felt that the goals of the show do in a different direction. So really, you know, if you want to study historically, and and study a historical example of someone who understood fig and stood how flexible it was the life

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of Omer Rajan who is probably the best example of this. I'll just give two examples for now, but the like over a dozen examples from his life that we can look at, number one, when there was a drought, Omer prohibited the chopping off the hands of thieves. Now the Quran says,

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chop off the hands of thieves, right? The male and the female thief, amputate The hand is in the Quran. But in the time of Homer, during the time of famine, he said, we're not going to do this. Why?

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preservation of human life in a time of famine, why are people stealing? Because people are dying, people are dying, they are literally dying, so they are stealing. So it is the time of the ruler a time of necessity. So we will not apply this law. Now. When the drought was over, when the famine was over, when the economy returned to its normal level. Then he started applying the law again. Example number two, preservation of family.

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The Quran says that men are allowed to marry chaste woman from the Jews and Christians. Right? In the time of Omer, he did not allow it. Why? Because the Muslim men were choosing Jewish and Christian wives over Muslim woman. And so the Muslim woman is not getting married. So to preserve their honor to preserve their rights of marriage to preserve their right to have a family because really, the rights of the Muslim woman in terms of having a family is one of the goals of the Sharia law.

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And so, right so today, in different situations, you will have different rulings. So for example, in in Islamic Society, where a man marrying a Christian woman is not going to affect his children's image or anything like that, and see the chase practicing Christian it may be allowed,

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but in a country where it's more likely to end up Christian

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With a mom and Christian, we did not have them. So what O'Meara showed us here is that this even though Allah says in the Quran, you are allowed to marry the chaste woman of the Jews and Christian, it's not a set law. It depends on situation depends on whether it's going to fulfill the goals of the Sharia or not. And so the Lord keeps changing, depending on the situation. So really, the reign of Omar Abdullah photogra de la and who is the best example of his son, he did it over and over and over again in many different issues. I'll give one more example. There's not there Zakah on horses. The prophets lawyer son did not charge Zakat on horses. In the reign of oma, he started charging

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sarcoidosis. This is literally you know, if you're someone who takes things too literally, this is literally going against the sender. The Prophet was um, did not charge his account horses. Why? Because the economy changed. In the time of the Prophet slowly Islam forces were a necessity of war. If you're going to be giving Zakat on horses, you're giving one possibly for every few horses you own, you're going to have less horses for jihad. In the time of Omer, horses were big business. So the businessman who was whose property was horses, and nothing else in entropy saga.

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So they found a loophole, instead of going into the sheep business of the camel business going to the hospitals, because there's no Zika. So this is a different situation. When horses were for war, only nosaka horses are now while the property like sheep, camels, and don't consider that a very valuable property.

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There is a car you see over here and you do not take the Quran and the Sunnah. And the laws of Islam in this very inflexible manner. always looked at Why? Why does the professor say this? Why Allah God reveals? What's the goals? Is it achieving these goals today, and accordingly, the either follow the law or change it and really we could do this entire lecture just on Omar because he really is the one who, who we get all of these ideas from his reign is probably the best example of his dead son in the history of Islam. And in the in the way we teach the life of oma is it's not just to him. I think for most of us, we think about Oh, reading of his angry guy, right? So the wise intelligent

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man. So why is an intelligent that the prophets like Sam said, had they been a prophet after me living?

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Such an intelligent man that the prophets have said, some people are inspired by a lion is one of those people. And so this is a man of deep thought, deep understanding of their religion, great care for society, great care for fulfilling the goals of the Sharia. And the only stone you didn't know about him is chopping off people's heads and slapping people around it's really, really an injustice to his life. And we need to really revise how we study his life because there's so many beautiful stories, stories like this, that show what a deep thinker he was and how,

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you know, how he understood the Sharia to be.

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Okay, come to the main part of today's discussion. When do we make SSR? What are the legitimate reasons for sdsr? Now, I'm not going to go into the obvious ones we said when it contradicts the text of the Quran or the Sunnah is the obvious one. So it's the sun will go on Easter Sunday, Sunday, Sunday of each month. All of that's quite obvious. If you're saying one thing and the Quran is saying something else. You go with the Quran, right? Rather, we're going into the maqasid side. What are the goals of the Sharia that if your PS contradicts it, you look for different fatwa.

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So I put up six of them for what I gathered through my research and this week, I read many different research papers on this topic, I came across basically six, which I found in most of these papers. Number one, is the removal of harm. So we said the main goal of the Sharia is the removal of hub. Almost the entire fabric of her arm is based on the removal of harm. Allah has prohibited alcohol because it is harmful. He has prohibited murder because he has harmfully prevented fornication because it is harmful. So therefore, when the results of trc is harmful, we don't follow the PS. Right. So there's two Arabic words for harm in my core series called moxa. In maximum traffic is

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called Data rights to the removal of data or the removal of offset. That's number one. And of course, the opposite as well. We see the other goal of the Sharia is the attainment of benefit Muslims. And this principle in the Maliki measure is called Muslim. Right in the Maliki Muslim this principle he's not called a son is called Muslim. Right? Which means

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what Muslim means is, humans can make their own laws that are beneficial to society as long as they don't contradict the Quran inshallah I am going to give three examples of Muslims in the next slide. Right It is permissible to make our own laws if they don't contradict the Quran and Sunnah. clear example we nobody disagrees. A school making its own rules is that Hara is this not ruling by the laws of Allah

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No, it's it's clear you can make rules as long as this benefit and removal of harm in it, right? number three and four. These are two areas where people get confused and people in general don't know the difference between these two areas masaka and oruro, unreasonable difficulty and necessity, so two of the Maxim's of

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Alaska cottage reboot ACM

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that unreasonable difficulty causes the law to relax, and the other one of the rules to hibou Mahabharat. necessity makes the haraam holla. These are two separate actions.

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unreasonable difficulty causes the law to relax, necessity makes the haraam holla. What's the difference?

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Take a guess. What's the difference between marshrutka and Aurora?

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The rule is usually like in that situations, right. masaka is just unreasonable difficulty.

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What's unreasonable difficulty? For example, if you can't stand him pray, what does the Sharia law?

00:31:09--> 00:31:42

Sit? Is that a matter of life? And yet? No, it's this mashup guys this is difficulty. Right? It's an unreasonable difficulty. If it's too cold to make you do and you're gonna get a flu cold. If you make Hulu, you're allowed to make the mo Why masaka? Right. unreasonable difficulty. So, you know, you're allowed to shorten your prayers when traveling because of a shocker because of unreasonable difficulty. The rura is a matter of life and death. The rule is, for example, if you don't do this, someone will die.

00:31:43--> 00:32:01

If you don't do somebody is going to lose a limb or somebody is going to lose the route or somebody is going to lose one of the five goals of the surely one of the five necessities. Remember we said the number one level of gold of the Sharia the door or the reality the necessities? So the rule is when one of these five is threatened, usually it's human life.

00:32:02--> 00:32:11

So this leads to two different levels of law masaka makes minuses halala the rural can make major decisions.

00:32:12--> 00:32:23

For example, in general, you are not allowed to sit and pray. Is that a major or minor sentence a temporary minor. But he becomes allowed because of Masako.

00:32:24--> 00:33:04

eating pork is that a major or minor? Major that only becomes allowed if you are dying, and there is literally nothing else to save your life. You see the difference? an inconvenience can make a minus and allowed a matter of life and death can make a major sin alone. And this is why it's important for all ama to know the difference between major minuses. And again nowadays we don't know the difference. Why? Because we all use the term wrong. We don't divide our army to major and minuses. So when we teaching our children we teach them murder is haram. wetting your pants below the ankle is haram. Right? So they like murder at the ankles are in the same category, it just as bad as each

00:33:04--> 00:33:18

other. That's what's gonna go through their mind because you're not explaining it, we're not breaking it down into sub categories, we have to explain these different levels of hierarchy. Right. And so different levels become allowed because of different things I'm going to give examples of both in the next slide.

00:33:20--> 00:34:02

Number five is Adela justice. So go back to the statement of even a majority or whatever moves away from justice towards the tyranny is not allowed, even if that's the result of your PR. So when someone's opinion is going to lead to injustice, we have to reload the issue and see Is there another way And finally, the other female supports or can be part of his design, there is a concept in the honeybee mother called is the son who builds right, overriding chaos based on local culture, meaning when there is a clash between chaos and culture, most of the Muslims will go with the US and the females have in many cases will go with local culture. Right now I already gave the example of

00:34:02--> 00:34:03

that earlier. If you remember

00:34:04--> 00:34:21

the verse of the Quran, don't say off to them. The Hanafi understanding of the diverse shows that old can override even what seems to be the key is based on a funny verse of the Quran. Okay, the examples so the examples I'm going to give are covering all of these to some extent or the other.

00:34:23--> 00:34:28

So it's the sun Why am I teaching about this very complex thing, very complicated thing. Why am I teaching it?

00:34:30--> 00:34:59

I believe this can be used to solve many, many contemporary issues. And because we are not using it, we have fatwas that are just making life unnecessarily difficult upon us. And the opinions I'm going to mention now are not my opinions, the opinions from leading Allah across the globe. I have researched each of these things. And I've I've read papers and I've read you know fatwa the fatwa committees of Saudi Arabia, the United Kingdom, United States. All these countries have fatwa committees or law

00:35:00--> 00:35:09

Get together from all the hubs and discuss these issues and then issue a fatwa. Right. And so these are actually good conclusions many times based on is the number one.

00:35:11--> 00:35:51

Insurance being allowed you to necessity. Now, chaos, according to any Muslim prs demands and insurance is haraam. Why? Because insurance contains two haram things, or and Riba overall means you don't know what you're getting for your money. In Islam, if you're buying something, and you don't know what you're getting in exchange for it, that's Haram. And by the way, for the young video gamers here, that includes buying a loot box with your money, right? When you buy in the loot box in a game of real money, you don't know what you're getting, that's actually harder, that's actually harder. You're wasting real money, right? Only the young guys know what I'm talking about. What

00:35:52--> 00:36:33

color is it found in insurance? You don't know? I mean, you're paying every month? Is there any guarantee you're going to get anything? How much is it going to be? You don't know, it's really the luck of the draw. And number two, this regard is obviously rebind. What is the whole process? So in general, all of the mud hubs say that insurance is haram. But see what they say is haram. But, but what besides life insurance with every other type of insurance, the Ola might have allowed you to necessity or in some cases due to Morocco due to unreasonable difficulty, right? So for example, life insurance, if you are living in a country where good medical care is expensive, it is literally

00:36:33--> 00:36:53

a matter of life or death, whether you have life insurance or not. So that overrides the issue of eating wrong. But sometimes it just Masako, for example. Car Insurance. Technically, you can see it's not a matter of life and death, can use an Uber ride, you can find some other way. But

00:36:54--> 00:37:29

it's a matter of Ashoka. Because if you're going to say no Muslims in this country are allowed to own cars because there's car insurance involved in control which is haram. Imagine the level of difficulty you can cause to an entire community. Right? So de masaka unreasonable difficulty override the ruling and we say it's allowed you to write so we must understand this when we say that these things are allowed we do not mean they allow enough themselves. It doesn't mean that Muslim must go and set their own insurance companies or work with insurance companies or, you know, be part of this or to introduce you to countries don't have it. No, it means you living in a country where

00:37:29--> 00:37:40

the ceiling necessity This is a matter of, of Morocco or the rural show the law for you is different. And again, the law can change from person to person, depending on the situation.

00:37:41--> 00:37:46

An example masaka is credit cards, right? So according to most of them as hubs

00:37:47--> 00:38:12

don't really matter. But all the other hubs, if you're going to follow the rules of trs credit cards are technically Haram. Why not the Hanafi maga because we must have in general, if there is a haram condition in the contract, the contract is allowed but the condition is not right. But the other methods many of them say the whole contract is thrown out. So what haram condition is found in the contract you sign for credit card,

00:38:13--> 00:38:54

you're going to pay rebuff if you if you don't pay back in time, you're literally signing a contract says I'm going to pay the rebar if I don't pay back in time. This condition is wrong. The fopr demands that credit cards are up. Nonetheless, every fatwa committee, he says the credit cards are allowed because of masaka. You can't function without it. Now if somebody can, they should. If somebody can live without a credit card today, that's probably no good for you. But it's really a matter of a shocker. So for example, I run an online business, it's literally impossible to set up an online business without a credit card. Because literally every single step requires purchases of

00:38:54--> 00:39:31

software. And that requires a credit card ongoing credit card transactions. So if you're going to say you no longer own a credit card, not a single Muslim will be able to set up an online business. Right? What about traveling in higher car, you know, when you when you arrive in if you're booking your check your credit card to make sure it's you know, if you don't own credit cards traveling becomes machaca becomes unreasonably difficult. So you've been traveling, you're allowed to combine your salary Are you allowed to shorten your salary? This is also a matter of a shocker, right? So you will find this ruling in all of the math hubs nowadays, that credit cards in of themselves are

00:39:31--> 00:39:46

technically the they have a haram condition, but we allow them because of machaca because if you're going to say is haram, we are making life unnecessarily difficult on people and the Sharia did not want to make life difficult for people. This is one of the clearest examples of Ashoka in action.

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

Okay, now let's look at Muslim. So I said that the primary goals of the Sharia is the prevention of harm and the attainment of benefit. This is why it is perfectly perfectly acceptable in our chevier

00:40:00--> 00:40:25

for human beings to make their own traffic laws, again, nowadays, you get some smart guy saying, oh, there's no traffic laws in the Quran and Hadith so i can i do have to obey them. Right? I've heard people say things like this, again, this is ignorance. This is a matter of public benefit and prevention of harm. Because if you don't have traffic laws, I mean, you've been to countries where they don't follow traffic laws, right? I mean, most of us have traveled to those kinds of countries,

00:40:26--> 00:40:56

even to some extent, and this is like, you know, we can put you on a scale of it somewhere in the middle. It's not as bad as some of the countries on that side of the world is moving Yes, with the countries now to say the world is somewhere in the middle, at least is some level of obedience to traffic laws here. But one of the reasons a lot of Muslims here don't obey traffic laws is because they say not only the Quran and Hadees I've literally had people tell me this, I've literally had people tell me, I'm like, you know, manana, you're driving too fast. This is the Mayas, it is not about religion, it's coffee law.

00:40:58--> 00:41:36

It's not coffee law, it's Muslim. And masa, you're gonna kill someone in a car accident. You can't see what Godfrey law, right? It's a matter of law. So not only is it allowed to make these laws, these laws become compulsory for people to obey. When people make a law, and people are within, it's not even to do governments, I mean, for example, if you are working for a company, and the company makes a law, for example, they have a dress code, right, you're obligated to follow the dress code. You can see this is carfree law, if you sign the contract that you're going to work for the company, so you're not obligated to follow the dress code, right, obviously, as long as it doesn't violate

00:41:36--> 00:42:12

the Sharia. So it's the same with man made laws in this area of some people. And you see this specifically amongst the jihadists. Right? They have this idea that humans are not allowed to invent any laws, like the jihadists have this concept they've invented called tauheed hakima, which they believe Allah is the only one who can make laws. And they believe anyone who makes a law besides Elijah coffee. And based on this, they have declared 99.9% of the Muslim the world coffee. Literally, they have declared 99.9% of Muslims over coffee. This is why they have no problem warming machines. This is why they have no problem bombing Muslim supermarkets because they believe

00:42:13--> 00:42:38

everybody's coffee and besides there on what basis that we either make, or we follow manmade laws. This is the basis this is what they base this whole idea on. They believe that man made laws is covered, and anyone who either makes it or be the cafe. So technically, just by living in this country, following the laws of this land, we are covered in the eyes. So this is a very warped and weird concept. And we were the first people to see something like that.

00:42:40--> 00:43:21

The quality Yes, the origins, right windows mon Sol in Mojave and Ali, we're trying to reconcile between the differences after the Civil War. The holiday said this is manmeet Cooper is called Maja capital called aliaga and even killed me, right? This is literally the same mindset that those people had the jihadist have today. Right. And this is why it's really not a stretch to call the jihadist movement to the coverage, because they literally have the same mindset. They've just given it more biggest opinion, no event, a few more ideas around it. So this idea that, you know, man made laws is covered, this is not true. A man made law that goes directly against the Quran and Sunnah.

00:43:21--> 00:44:00

And where the person is openly rejecting the Quran from then and only then you can say to confirm, so for example, if somebody if a Muslim has to say the rebar is halal, completely in every situation, then you can say, okay, maybe that schofer maybe enjoys this thing, maybe because I'm really worried we interfere anyone, right? But if someone is just following the law of the land, that does not automatically take him out to the field of the religion, not just that, but our Sharia is so flexible. It allows us to make laws in areas where Allah and the prophets are silent. So besides traffic law, immigration laws fall in the same category. Again, people are very unlikely,

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

you know, Saudi Arabia talks about Buddha but he had a bit of passport and visa, passport and visa. It's again, Muslim, Masada, how do you keep, you know, dangerous people out of your country? You know, checking their passports and, you know, cheating with entering who's leaving your country? How do you keep track of people like that? You know, we live in a time where governments are forced to do this because of the matter of preventing harm. Right. So this is an idea that humans invented for the prevention of harm, and is perfectly acceptable from a Muslim perspective, to invent laws like this and becomes compulsory upon people to obey these laws. It becomes compulsory upon people to

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

obey these laws. immigration laws need to be obeyed because it is for the Muslim community.

00:44:45--> 00:44:53

The one that nobody in this country takes seriously. copyrights, laws piracy, right? We live in a country where

00:44:57--> 00:44:59

even the police tick piracy laws seriously in this country.

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

All right, what? This this is something we have to think about. Again, I've heard people say there's no copyright in Islam.

00:45:07--> 00:45:42

And for that they take my books and they give it away for free and I make a loss, and the author am unable to move forward, or whatever, because people are literary, you know, not thinking about the fact that listen to this guy put in work, let's at least pay him what he deserves. Wait. So I've seen this with many people why one of my friends opened up a Islamic video company to make Islamic movies. Literally at the same favorite he was selling those videos, somebody opened up a store next to him selling pirated copies of those videos. Right. And then people took his videos and upload them to YouTube. Guess what he ran at a loss year after year here.

00:45:44--> 00:46:23

So this is now causing genuine harm. There is harming Gorka, when we don't respect things like patents and copyrights, when we just violate piracy, we are causing harm to content creators. So yes, the Quran doesn't say anything about it. The Hadees doesn't say anything about it. But from a matter of itself a matter of removal of harm. We have to consider the idea that this is something legitimate for our day and age, we live in the information age information today is money. Information really has more value today than any time possibly in history, you know, where people are literally selling PDF files for 200 or $300. And people are buying it because they have that

00:46:23--> 00:46:41

much value in the eyes. Right? Because information is it's it's one of the most important things in the world right now. So if we are not taking copyright law seriously, we are harming people. We are harming people. And we are you know, especially in the area of Islamic media.

00:46:42--> 00:47:17

The Muslims cannot progress unless we support each other. If a Muslim makes something, buy from them, don't find a way to get it for free. Because when we are getting it for free, we are literally harming the individual. I have seen many companies closed down because because there's not one I've seen many Muslim companies that could have been making a huge difference in the world today closed down because people don't take Pyle copyright law seriously, they pirated videos. And as a result, they can make a profit because you know how much money it takes just to make one Islamic video. I mean, like a proper movie or animated movie, it can take over a million, literally over a million.

00:47:18--> 00:47:55

So everyone's pirating it, how do they keep generating money to make more videos. So if someone's producing good work, paid him for the work, that's the best thing you can do to stimulate the Islamic economy. And something I do all the time myself. Okay, moving on to the issue of justice. So technically, based on chaos, we should not be going to non Muslim courts. I think everyone understand the chaos that leads to that, right. Technically, based on the US, we shouldn't be going to non Muslims for our rights. But in this country, how else do you get your rights now becomes a matter of $1 matter of justice? I mean, if someone's owing someone money, you can't really go to a

00:47:55--> 00:48:29

Mulana to sort it out. I mean, how is he going to enforce it? How is he going to like, you know, force him to do it. The only people who can do this in a non Muslim country, economics and courts. So we would say that, okay, someone says, you know, Toronto to non Muslim countries, technically is haram, but based on his design based on the sake of justice, it is allowed, because in this country, in this situation, being a minority in a non Muslim country, this is our only means to attain justice, to go to the local justice system. Right? So it's the sound will override a person's chaos in this case.

00:48:31--> 00:48:33

Okay, last one off

00:48:34--> 00:48:46

public displays of affection. So, you know, you're in South Africa, we are used to seeing people walking around holding hands with a spouse. Don't try that in Saudi Arabia. Right? It's a different culture.

00:48:47--> 00:48:52

And really, it's a matter of, it really is a matter of respecting different orders.

00:48:54--> 00:49:20

The Quran and Hadees does not have a specific definition of public displays of affection. But it does tell us not to be immoral or shameless in public. Now, what is immoral or shameless in public is really going to differ from country to country. In Saudi Arabia, you can literally be holding your wife's hand in public, right? Oh, and East Africa, a man could be hugging his wife in public and no one's gonna think anything, because our culture is so different. So

00:49:22--> 00:49:57

even though someone's chaos might say that, you know what, Sarah, for you to hold your wife's hand in public. You're the honeybee mother could actually make a sandwich or fancy, in this culture, it's really not considered shameless, to hold us any public, so you shouldn't make it an issue. So that's an example of essential. So public displays of affection, there's no set ruling on it. Whatever is the norms of the culture you are in respect that culture. When you visit another culture, he's picked a culture as well. And again, he's no matter what culture being better than another. It's simply a matter of every culture being different with respect to what is the culture of their

00:49:57--> 00:49:58

society.

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

So these are example, steps on works. And again, these are my opinions. These are opinions of leading allama across the globe. You know, Obama like Abdullah bin beja, Dr. Yusuf Al qaradawi, Nick Samana, Oda Swami by leading orlimar, around the globe, and these are the people whose whose fatwas I've been looking into, and which books I've been reading to learn about these topics. So I'm not really even giving any opinion on my own. Yes, literally just in the reading from the from the people call it the big one, right.

00:50:32--> 00:50:42

Whether we come to a conclusion is the sun is important. It is really important in the Hanafi madhhab I technically every muscle, they have different names for it, but it's an important concept.

00:50:43--> 00:50:57

It's the sun means that we override chaos when it contradicts with the goals of the Sharia. And we gave many examples of that. Now the term is the sun is disputed amongst the Muslims, but technically every Muslim has a similar concept, right, like the concept of his Tesla in the molecule.

00:50:59--> 00:51:40

And finally, we can conclude from this presentation and from this discussion, that a ruling based on chaos can be overruled by an exception to be provided. For it like an example of insurance. We say insurance is haram except in cases of necessity, I should have an example of an exception being provided. Right so a ruling on calibration Diaz can be overruled by an exception provided to it. If there is general benefit for society of prevention of harm, there is a necessity is unreasonable difficulty as a matter of justice and injustice, or in some cases, not most, but in a few cases, when there is a matter of clash of cultures, right in all of these issues is the sun can be done. So

00:51:40--> 00:51:47

with that we come to the end of today's discussion and presentation, and actually the end of this year's presentation inshallah next year, we will

00:51:49--> 00:52:03

continue looking at the goals of the Sharia and a maximum six weeks each, starting probably late January, early February. We'll discuss that a bit later, inshallah. But before that, any questions you have on this concept, now's the time to ask, we have about half an hour, yes. Okay.

00:52:06--> 00:52:10

If under the condition that is a necessity,

00:52:11--> 00:52:17

for somebody who is now making unnecessary purchases, we'll be around for them to allow you to purchase

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

something.

00:52:21--> 00:52:22

Just like

00:52:23--> 00:52:27

in the case of fit by water, they should be where the prices go

00:52:30--> 00:53:07

into the interest. Yeah. So anytime you do, yes, when it comes to credit cards, as soon as you cross over to the party, now paying interest on it. Now you fall into her into the general ruling at all argue about credit cards is that it's allowed, but you must pay it off on time. If you're not paying it off on time, then you're not committing yourself, right, you're committing a sin until you start paying until you make your payments. So therefore, as Muslims, we must be reasonable. When it comes to our purchases, you mustn't go overboard. Make sure you don't ever spend more on your credit card and you get paid off within a single month. Otherwise you fall into Riba which is insane. Because

00:53:08--> 00:53:18

we, you know, in Islam, you're not allowed to take an interest based loan. And that's technically what you're falling into, once you paint the bar on your card. So yes, it will become harder once you cross that point.

00:53:21--> 00:53:36

it out on its own. But just going back to what you mentioned, one of the big stumbling blocks, there are many one of the big ones for the Muslim personal law in the country has been this issue of non Muslim judges.

00:53:37--> 00:53:40

To one Sharia matters, if you have

00:53:42--> 00:53:55

a non Muslim judges, tourists trained properly to apply Sharia law, like the train is everything in everything else. And even in the situation where we were about 20 years now this law setting and woman suffering.

00:53:58--> 00:54:38

Again, I have to think about it. And I'll actually have to read everything that both sides have said in the topic before I say anything. But in general, we have to look at what's going to lead to justice for Muslim community. Right? If justice is is really being prevented by the situation being the way it is, then it would probably become Hello again, I can't give a photo on the spot and have to research this thoroughly. But in general, the Sharia revolves around justice, as we mentioned, with the statement what you've been able to do, right? So if there is genuine injustice happening, because of of not doing this, and this is the only way to get justice in this country. But then I

00:54:38--> 00:54:47

would say 80 or 90% chance that it would become a long enough situation. But this is why we need it will come with us. We can discuss this and we're trying to discuss this. You know,

00:54:48--> 00:54:59

this is something that really boggles my mind. Muslims have been in the UK and USA for what like two generations, three generations, and you already have these allama committees. They already have all the different math hubs.

00:55:00--> 00:55:11

And those who don't follow up getting together, discussing arriving at the conclusions that I just mentioned, we've been here for 300 years, and we still got nothing. I mean, what happened?

00:55:13--> 00:55:48

People just following rulings from books within India, talking about people actually doing what he's doing in the UK and the United States, getting together and discussing from this perspective base, discussing democracy, discussing the maximum discussing justice, discussing necessity, and arriving at the conclusion, because we don't have this, this is why these things are stuck for so long. The only way forward is to train Obama was able to do it. And for them to set up committees will do this for us. Until the end, I think these things are just going to stay stuck in given information, I'm sure the demand was for having Sharia courts or feminine

00:55:50--> 00:55:53

government kind of what it says. Okay, so.

00:55:55--> 00:55:58

So yeah, it was sitting with the judge.

00:56:02--> 00:56:11

And it sounds fine to me, because they're going to beat it. I mean, I don't want to say what's the problem? The problem is caffeine is involved, right? That's basically what?

00:56:13--> 00:56:27

Yeah, again, fit is meant to be practical. That's really the nature of the whole concept of fit is it's meant to be practical. And now, when we are being impractical industry, we are only harming ourselves. Any questions from the lady side?

00:56:30--> 00:56:30

Okay, more questions.

00:56:32--> 00:56:38

You mentioned that, yes, the sun is very similar to this this law. Yes. What's the difference between

00:56:40--> 00:56:41

first and second?

00:56:45--> 00:56:46

mentioned?

00:56:47--> 00:56:48

Yes.

00:56:49--> 00:56:50

We also mentioned

00:56:51--> 00:56:53

the first source of Standard Oil.

00:56:55--> 00:56:58

And he didn't just overwrite chaos,

00:56:59--> 00:57:02

overall. And NASA. Yes.

00:57:04--> 00:57:08

important question you're asking now can then be applied?

00:57:12--> 00:57:17

For an example, if the situation is unjust, if

00:57:19--> 00:57:26

the male and the female using the principle of justice, as an overriding factor, can be

00:57:30--> 00:58:11

contradicted or ignored? And can a person then in the interest of justice in a similar shape to his son and his daughter? Okay, I'm going to discuss that question first. I've actually been thinking about this for the past few weeks, because in this society, we are experiencing great injustice because of this, because technically, in the Sharia, when a man dies, his sons are supposed to look after the sisters, and they're supposed to look after their mother. That doesn't happen in this culture at all, like almost never. So, you know, can that change? Now? I can't give a definite ruling. So the question was, can we override the core idea? Because no matter of injustice, no

00:58:11--> 00:58:14

society, I can give another way out?

00:58:15--> 00:58:28

Yes, I know what you're saying. But I can't give you again, these things need, you know, I'm one person, I need a group of people like me to sit and discuss with each other. Before we can arrive a conclusion, it's two big issues for one person to talk about.

00:58:29--> 00:59:05

But I can give one way out that people in this community do which is completely hollow, according to all the matters, and that is distribute your money while you're alive, giving out gifts. So if you know your daughter is going to be mistreated after you die, why are you alive by her car, buy a house, give a investment account to which one you wanted to have? Give it to her as gifts while you are alive. You know, she now has that, you know, she's gotten what she deserves. So even after you die, whatever is left over, you know, so a lot of human society do this when they reach a certain age, they give the assets to their children, and they keep a small amount for themselves just enough

00:59:05--> 00:59:23

to sustain the life the next 20 odd years and the that that amount they allowed to be divided according to the Sharia law. That's completely holla according to all the Muslims, so that is a way out for some people. But now whether we can actually change the law itself, I cannot see that. I literally will have to sit with them and discuss.

00:59:31--> 00:59:31

Yes,

00:59:34--> 00:59:36

brother. Wait, it doesn't

00:59:40--> 00:59:41

have to be a doctor's not sure.

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

I have to double check that one

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

must have the digital.

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

Often.

00:59:54--> 00:59:55

Yes, because technically,

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

yes. And that's that's a factor.

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

Example.

01:00:07--> 01:00:07

Look,

01:00:10--> 01:00:28

I don't know if you can override the Quran Yeah, there's one example I gave of how to do it. The other another example in that case, if we had the proper Sharia court system, your way to work with the court would be that we could make it compulsory on that man to give each of these dots this amount of money every month, because it's now his responsibility to take care of them. So

01:00:30--> 01:00:45

if we can move in that direction, and set up a system in this country, that will prevent that abuse completely, that we say, Listen, you are a Muslim man, this is your duty to show the other this is your, you're nice, and you have to give her this amount of money every month based on the old obviously, whatever the old fee amount that she needs to take care of her needs.

01:00:46--> 01:01:25

That will be another solution. So it's not something you can just jump into overnight in Quran again did have the we have to first explore every single possible alternative solution, and only when there is no other alternative solutions. And that's the only way forward, then we'll ama will discuss that possibility. But as long as the alternatives we have to first discuss alternative and try to make them work. So as is not something I can give you an opinion straightaway. is required discuss discussion requires group discussion requires various automatic get together and talk about it. But I agree with you it is a problem. In South Africa, it is a major problem. I see myself all

01:01:25--> 01:01:42

around me because I'm in a family with a lot of people who are often in law, people who either don't have a father or don't have a mother don't have both. And I've seen the weekend school. So it is a problem. We have to find solutions. I gave two possible solutions now. Whether what you're seeing is allowed or not, I can't decide that might

01:01:44--> 01:01:47

be the case where you have a son or daughter.

01:01:49--> 01:01:50

Problem. This is

01:01:52--> 01:02:06

in the interest of justice, if he's given the money could disappear days that he's gonna take care of himself, his mother or his siblings? Yes. Okay, so in cases like that be

01:02:07--> 01:02:09

easier to do. Maybe

01:02:12--> 01:02:21

it's a cookie. So Odisha does have a system that usually does it's called ruling on the wealth of idiots. That's basically what it says

01:02:22--> 01:03:00

is basically how you gently nudge equal mothers to perhaps the wealth of idiots. Basically, what the Quran says is if somebody is incompetent in taking care of their money, then somebody else is put in charge of their money, and they became the person so for example, if you know someone's a drug addict, he's not allowed to give him money. Somebody else who's responsible, takes his money and buys him his necessities every month right? So that's what will come into play right so maybe an uncle or an aunt or cousin or grandparent or maybe one of the sisters will be put in charge of his money to make sure she's getting her I this is getting her right and he's still getting what he

01:03:00--> 01:03:09

needs every month to take care of his his religious necessities not his other habit right. So that's the law that will come into play here. Okay, it

01:03:11--> 01:03:12

is still

01:03:13--> 01:03:18

you still love I lost my train of thought here what is the law again?

01:03:20--> 01:03:24

Is this la Are you talking about is this how are we talking about

01:03:28--> 01:03:32

that why is it just slipped my brain completely? I'm wondering Is this

01:03:34--> 01:03:36

the third one is this hub

01:03:38--> 01:03:46

right again, it just slipped my mind completely. So you have the book there right? So just pass it to me but any other questions

01:03:49--> 01:03:50

about the Ross

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refuses to

01:03:54--> 01:03:56

give up on the lack of coastal coffee

01:04:02--> 01:04:03

I don't know

01:04:07--> 01:04:14

that people who for many a day divorce for the sake of tenants Okay

01:04:19--> 01:04:21

guys, this is our community does I

01:04:24--> 01:04:25

buy because the coffee No.

01:04:27--> 01:04:30

No, no you bringing up issues either we really really have to discuss

01:04:32--> 01:04:33

independence

01:04:37--> 01:04:38

okay.

01:04:43--> 01:04:44

This

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is the

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base of inference sorry, legal instruments based on inference. The law

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now

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allows the judicial

01:05:00--> 01:05:02

void stick analogy in a case where no clear precedence could be found.

01:05:04--> 01:05:12

I think that's probably the Sharpie version of it. That's basically because the definition literally has the exact same thing. The definition written yes literally says

01:05:15--> 01:05:45

every mother basically gave it a name. Yeah, it's basically what they do. And I'm Sharpie didn't like the word sdsr. He felt the word sounds to rationalists like the overriding it based on your own intelligence. So he gave it a different way. still arguing with the evidence this way. Sounds. So the definition is literally the exact same thing. The other term was, is this hub, which is something staying in the conditions are proven otherwise, like things are halala until proven harami people are innocent until proven guilty. That's called this this hub. That's another principle. Okay.

01:05:52--> 01:05:53

Yeah.

01:05:55--> 01:05:56

Let's

01:05:57--> 01:06:36

start maybe, yes. So this has to be done by the leading holomorphic community, the ones everybody respects and looks after. Right? So again, all of these things are whatever principles we use here, as I said, by end of this course, you're not going to be making on fatwas is just to show you how the process works. Right? At the end of the day, these tools have to be used by people who are trained in this field, people who spent 10 or 20 years studying Arabic, studying fixed learning, or pseudo fake Mikasa, ciriaco, while studying all of them as hubs, those are the kinds of people who have to get together and discuss and arrive at conclusions based on these principles. If a community

01:06:36--> 01:06:55

do not have those kinds of peoples, then we are committing a sin because it's fun. It is a communal obligation that we have such people. Other ways problems remain problems. And what's the job of what I'm up to solve problems? Right. So we don't have people qualified to solve these problems. We have to train them.

01:06:56--> 01:07:00

Yeah, that's it. So you and I have different definitions of olema.

01:07:02--> 01:07:16

When I'm talking about whatever I'm thinking about a piece of qaradawi, Abdullah bin beja, salmonella Oda, I'm not talking about the local Mamma Mia. Unfortunately, they're not trained on the same level. This is the level they're supposed to be trained on, you know, this is what's going to solve the problems.

01:07:22--> 01:07:26

And JC will say this, as part of this, hello.

01:07:28--> 01:07:28

Yeah.

01:07:30--> 01:07:31

Depends what

01:07:33--> 01:08:05

I mean, if somebody is a genuine issue of difference of opinion, I'll give you the point of gelatine idea, literally two opinions on it. Right? It really boils down to each opinion you follow? You research both opinions, look at the evidences. Look at you know what they're basing the evidences on who's following the accurate definition of what gelatine is who's not, you know, and then figure out on your own which opinion to follow on that. But they are literally two schools of thought on gelatine and so they are going to be two different factors and each product as you're looking at it, there is no each round that issue at all.

01:08:11--> 01:08:12

Another

01:08:16--> 01:08:17

way there's no

01:08:18--> 01:08:22

condition on marrying Jewish Christian woman on eating their food. Yes.

01:08:24--> 01:08:31

But the other part of the argument that says that today's Jews and Christians are not following their own religion properly. So

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because that goes to their food or medicine.

01:08:37--> 01:08:38

Question.

01:08:41--> 01:08:41

It's a good question.

01:08:44--> 01:08:59

It's okay, so the question is Jews and Christians do not like the Jews and Christians have the answer. We can't. That's the that's the first thing that's a false presumption because Trinity came into existence 300 years before the prop slam slam at the concert. And of course, the names are very tight, you just

01:09:00--> 01:09:02

say yes. So

01:09:03--> 01:09:39

that's when he came 300 years before the Prophet stand by the time of the Prophet slaloming salam, the Christian God believing in eternity the Quran speaks about the Trinity. It says don't say Trinity, don't see Jesus is called at the same time the same Quran says you're allowed to eat a food. Right? So it's nothing to do with that. In general, any practicing Jew or Christians food would be halal. The problem today the problem today is with those people who are Christian by name but atheist in the practice. Yes, the cultural Christian, this is the problem today pseudo. The opinion I've discussed this with many of them around the globe their opinion iPhoto last year was

01:09:39--> 01:09:50

with the ship Yasaka do discussing this with him and his opinion, and my opinion were exactly the same. So I think they attributed to him the information, nobody fights with me about it. But

01:09:51--> 01:09:53

basically, kosher is fine.

01:09:54--> 01:09:59

Like kosher meat will be fine that literally fits the categories of Halloween, look it up but

01:10:00--> 01:10:36

Unless you're in a country where the Christians are religious, don't take a chance to Christian. because technically, in countries like South Africa, and America, the majority of Christians aren't taking the religion seriously enough to really to be considered. Get up, in a sense, where we can be confident that it will be Salah, it could be you just when in doubt about food industry stay away. Now you traveled to a country where everyone's a religious Christian, and they take your religion very seriously, and you're slaughtering in the name of God and in doing these things, then I would say it's a lot easier for the Sahaba did that the Jews still do that today? That's why I say kosher

01:10:36--> 01:10:37

is allowed. Right.

01:10:40--> 01:10:41

Marrying them, I would say

01:10:43--> 01:11:09

it boils down to Musleh. One of the benefits and so he points out, in each case you weigh the benefits and harms. I was in South Africa most of the time the harms outweigh the benefits. Also, you're forgetting the Quran says moussaka eat up the chase woman of the Jews and Christians meaning they've never committed Zina. And most of the cases that even in South Africa, where a guy brings his Christian girlfriend to get married, neither he or she are chased. Right. So the rules don't apply there.

01:11:11--> 01:11:13

It's fine for those people to get

01:11:17--> 01:11:57

the grants very specific. Yes, it has a very specific clause mentioned for the for the food, it just says what the food is allowed for you. For the family. This is where most sonatinas pacifically mentioned that the condition of being chased. Right. So therefore, it most it's more strictly just my view, right? Am I right now is in the practicing Christians and kosher meat is fine. But the average Christian today were they having a crisis of faith and also don't take their religion? Seriously, I would not eat it. I won't even say Tara, I will just see how to precaution only a bit. Right? Because technically, technically, you could make an argument that is based on Quran. But just

01:11:57--> 01:11:58

to be safe, I wouldn't.

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

Yes.

01:12:14--> 01:12:47

Islam, we have very strict conditions for something to be halal. I mean, it's not a matter of just being slaughtered for human consumption, the matter of it being slaughtered in a specific way. And also, also the 100 females up the name of alleged to be mentioned. Right, that's, that's, that's necessary, you have to mention the name of Allah. Now, Jews do that when you're when you're slaughtering the kosher meat, and Muslims who have been instructing our wheat. And this is why I only put those two categories that are right, everybody else doesn't do that these days. Right? So therefore, it doesn't matter what is the intention behind you being slaughtered, it's not done in

01:12:47--> 01:13:01

the way that fulfills the conditions for it to be a specific condition certain parts being cut, and you know, saying mentioned the name of Allah, all of that has to be done before it becomes hot. You can't just say Bismillah when you translate the recipe for slaughtering it.

01:13:10--> 01:13:10

Just

01:13:12--> 01:13:15

I didn't hear the question. I didn't hear the question clearly.

01:13:16--> 01:13:20

Some of the sisters when they pray they make up makeup

01:13:25--> 01:13:30

is not considered alcohol. That's a chemical that's not toxic. And so you need to be clear to our people.

01:13:32--> 01:13:56

Yes, there's not any toxic it's a chemical it is a chemical that has the same name. One of the rules of fifths is that a name of something doesn't make it haram it's the effects of it. Right? So if I recall, you know, a piece of chicken pork it doesn't make that piece of chicken Haram. Right? It is not a name then the name makes no difference what the actual thing is. So the chemical alcohol is not Haram. It's intoxicants are haram even if they're not oil. Like that's what this trivia prohibits.

01:14:03--> 01:14:03

Yes,

01:14:06--> 01:14:11

yes. Okay, so stunning an animal. Are you seeing when you make them eat haram? Or is that you're asking?

01:14:13--> 01:14:19

Technically, if after that defeat Bismillah and the enemy slaughtered their veins. The process is haram with the meets the law.

01:14:20--> 01:14:22

Technically, yes.

01:14:29--> 01:15:00

Yes. Okay. But just one last point here. I technically shouldn't mention one point in Islam, if you're even especially in the 100 female, if there is a haram condition in something, but everything else is fine. The whole thing doesn't become point. So many of the ways that people slaughter animals in the country in this country can contain things that are wrong. But also the final thing that Stan is hella so we would say it's hard for us to eat that meat. In most cases. I cannot give you a general photo for everything but I'm seeing the general ruling. It will be hard to eat the meat but the people doing

01:15:00--> 01:15:13

actions are converting so you understand and make a difference between the people committing the sin and the meeting. Right now again, I'm not gonna get specific but one specific point you mentioned, but that's the general rule in the heart of the matter. Nothing will stop the action