Kamil Ahmad – Parables of the Quran #03
AI: Summary ©
The importance of Islam and its sharia law is discussed, along with hesitation and the need for people to obey their leaders. The importance of hesitation and deception in the decision-making process is emphasized, along with the importance of evidence in disputes about Islam. The need for evidence to determine guilty and guilty guilty behavior is also discussed, and deception and deception of the court system are also highlighted. The importance of hesitation and deception in the decision-making process is emphasized, along with the importance of deception and deception of the court system.
AI: Summary ©
In the name of Allah, the Most Gracious,
the Most Merciful.
All praise is due to Allah, Lord of
the worlds.
And peace and blessings be upon the best
of Allah's creation.
And upon his family, his companions, and those
guided by his guidance.
We await his sunnah until the Day of
Judgment.
O Allah, teach us what benefits us.
And benefit us with what You have taught
us.
And increase us in knowledge.
And show us the truth as it is.
And grant us to follow it.
And show us falsehood as falsehood.
And grant us to avoid it.
And make us of those who listen to
the word, and follow the good.
And after this, peace and blessings be upon
you.
We're on hadith number 54.
This hadith is narrated by Amr ibn Shu
'ayb, عن أبيه، عن جده.
Amr ibn Shu'ayb, عن أبيه، عن جده.
And this is a very famous chain of
narration, where you have a father narrating from,
or you have a son narrating from the
father.
And that father narrates from his grandfather.
That father narrates from his grandfather.
So you have Amr narrating from his father,
Shu'ayb.
And this Shu'ayb narrates from his grandfather,
who was a companion of the Prophet ﷺ.
Who was that?
That was Abdullah ibn Amr, رضي الله عنه.
Abdullah ibn Amr ibn al-'As.
And this hadith is in Sunan Abu Dawud
and al-Nisa'i.
He says, أن رسول الله ﷺ قال مَن
تَطَبَّبَ وَلَمْ يُعْلَمْ مِنْهُ طِبٌ فَهُوَ ضَامِنٌ Although
the hadith is considered by many scholars as
being weak, the Prophet ﷺ says, whoever practices
medicine and treats people, and yet he was
not known for being skilled in medicine.
He's not a professional.
Then he is liable.
He is liable.
Meaning, if something goes wrong, then he is
liable for that.
He is liable for that.
Whether he makes the person more sick, whether
he gives him a defect that remains with
him for the rest of his life, or
whether it leads to him dying, whether it
leads to the patient dying, he is liable.
He is liable and he is responsible.
And this is a general rule, the Shaykh
says, this is a general rule with regards
to all trades and all professions.
If someone does something, he makes it seem
to the people that he's a professional in
something, but yet he's not, then he's liable
if something goes wrong.
And this is because the Prophet ﷺ says,
مَنْ غَشَّنَ فَلَيْسَ مِنَّا Whoever cheats us Muslims,
then he is not one of us.
And that's exactly what this person is doing.
That's exactly what he's doing.
He's making it seem as if he's a
professional.
He'll even perhaps doctor fake certificates and degrees.
And he'll make it seem as if he's
a professional.
If something goes wrong, then he's liable.
And they say that what this also means
is that if someone finds out, if the
patient or the customer finds out that he's
not a professional, he can go and ask
for his money back and he has to
give it back.
He has to give it back.
And the Shaykh mentions what this hadith also
proves is the opposite.
Meaning if a person is a professional, he
is a professional, and something goes wrong, not
due to negligence, he did what he could,
let's say a doctor, he was not negligent,
and it leads to someone's death, but not
out of negligence, then he is not liable.
Then in this case, he is not liable.
But as we said, this is if he
is not negligent.
If he's negligent, even if he's a professional,
he is liable.
The next hadith is the hadith of Aisha,
and this is in Al-Tirmidhi.
The Prophet ﷺ says, avert the
prescribed punishments of Allah.
Avoid them, avert them, from the Muslims as
much as you are able to do so,
to the best of your ability.
If there is a way out for this
person who is accused of committing a certain
crime, if there is a way out for
him, then let him go.
If you can find a way out for
him, then let him go.
For it is far better for the Muslim
leader or judge to make a mistake in
pardoning than for him to make a mistake
in carrying out the punishment.
So basically, here the Prophet ﷺ is telling
us, giving us a golden rule.
And this is actually one of the rules
in the Shari'ah.
در الحدود بالشبهات To avoid the حدود, the
prescribed punishments of Allah, due to there being
doubts.
Meaning, first of all, what are حدود?
حدود are those punishments that Allah has outlined
in the Qur'an and the Prophet ﷺ
mentioned.
For certain crimes, right?
So for example, for zina, there is a
certain punishment in this dunya.
For murder, there is a certain punishment in
this dunya.
For theft, likewise.
For drinking alcohol, likewise.
And so on and so forth.
These are the حدود, the prescribed punishments of
Allah.
If someone is brought before a Muslim judge,
accused of a certain crime, we have to
look for as many possibilities that he did
not commit the crime.
It shouldn't be the opposite way around, where
we're rushing to find the person guilty.
And just due to accusations, we're saying the
person is guilty, right?
Instead, we have to leave no door unclosed.
We have to investigate, we have to do
our due diligence.
And then we have to, you know, even
put possibilities out there that maybe this person
didn't know, even if he did commit the
crime.
Maybe he was ignorant.
Maybe he's a new Muslim and he doesn't
know, right?
We have to look for as many excuses
as we can.
And let the person go if we don't
have solid proof, which is based on certainty
and 100% yaqeen.
Right?
Not only that the person committed it, but
that he has no excuse.
Sometimes a person, you know, it's clear he
committed a certain crime, but there could be
other reasons for why we don't apply the
punishment.
Right?
And the Prophet ﷺ explains why.
He explains why.
Because here you have two scenarios, you have
two possibilities.
One, one possibility, that you let him go
while he deserved the punishment.
You let him go while he deserved the
punishment.
The other possibility is that you inflict the
punishment while he did not deserve it.
Right?
So you have these two scenarios that are
before the Muslim judge.
Right?
If I let him go, there's a possibility
he deserved it and the possibility he did
not deserve it.
Right?
If I punish him, carry out the punishment,
there's a possibility he deserved it and there's
a possibility he did not deserve it.
Right?
So if we go ahead with the punishment,
and let's say it turns out later on
that he did not deserve to be punished,
due to one reason or the other, then
that is far worse than if you were
to let him go.
And even if there was a possibility he
deserved to be punished.
Right?
Does it make sense?
Right?
And this shows us the justice of Islam.
This shows us the justice of Islam and
how our Sharia is based on the concept
of ease and flexibility and not harshness.
Right?
And this is because the life of a
Muslim is precious and his honor is precious.
Right?
And we see so many cases today here
in the West of how there are people
who years later, sometimes 20, 30 years later,
it turns out after further investigation, the person
was not guilty of the crime that he
was accused of and they gave him a
life sentence for it.
He's rotting in jail for the last 20,
30 years and it turns out he was
innocent.
Multiple times we have seen this.
Right?
Sometimes a person will die in prison and
later on it turns out that he was
innocent.
Right?
And so this shows us the justice of
Islam.
And the Shaykh mentions that here from this
Hadith, we have a very golden rule in
the Shari'ah which is when we have
two evils, we go for the lesser of
the two evils.
When we have two evils, we go for
the lesser of the two evils.
So here, you have two evils, two potential
evils.
One, that you let him go and he
actually deserved the punishment.
That's evil, right?
The other option is that you carry out
the punishment but he did not deserve it.
That's also evil.
Which one is the greater of the two
evils?
Which is the greater of the two evils?
To punish him when he didn't deserve to
be punished.
Right?
To punish him when he did not deserve
to be punished.
But obviously, all of this, as we said,
does not mean that we now never apply
the hudud of Allah.
Right?
No.
We have the example where the Prophet ﷺ,
there was a woman from Quraysh, from one
of the noble families of Quraysh who stole.
She was caught for theft.
And the people said, we cannot apply the
punishment on her.
She's from a noble family.
And this was when they had just become
Muslim.
We're talking about Makkah.
We're talking about when the Prophet ﷺ conquered
Makkah and entered.
And now everyone accepted Islam.
These people were new Muslims.
So some of them were saying, we can't
apply the punishment on her.
Right?
And they tried to look for someone who
could go and convey this to the Prophet
ﷺ to let her off.
They found Usama ibn Zaid for this job.
He went to the Prophet ﷺ and he
said, you know, why don't we let her
off?
And the Prophet ﷺ got extremely angry.
He got extremely angry.
And he said, by Allah, if my own
daughter Fatima was to steal, I would chop
off her hand.
So it shows us that yes, on the
one hand, we take every precaution to avoid
applying the hudud where there's a possibility that
the person does not deserve it.
But at the same time, it doesn't mean
we completely abandon applying the hudud of Allah
subhanahu wa ta'ala.
The next hadith is the hadith of Ali
ibn Abi Talib.
And this is in Bukhari and Muslim.
It's agreed upon.
The Prophet ﷺ says, there is no obedience
in disobedience.
But rather, obedience is only to be in
that which is good.
Obedience should only be in that which is
good.
And so what the Prophet ﷺ is saying
here is that Allah has made certain people
to have the authority to be obeyed.
So, you know, an ameer of the Muslims,
any Muslim leader who has authority of the
Muslims, we're supposed to obey.
Our parents, we're supposed to obey them.
The wife is supposed to obey the husband.
And so on and so forth.
There are certain people who we have to
obey.
However, the obedience of Allah and His Messenger
override all other obedience.
Overrides every other obedience.
So when there is a conflict between the
obedience of Allah and the obedience of one
of these people, we give precedence to whose
obedience?
The obedience of Allah and His Messenger.
That's what the Prophet ﷺ is saying here.
He says, there is no obedience in disobedience.
Meaning, in the disobedience of Allah.
In the disobedience of Allah and His Messenger.
Because the Messenger ﷺ does not command anything
except that it is from the obedience of
Allah.
So what that means is, if for example,
if for example, let's say a Muslim ruler.
A Muslim ruler says, that I don't want
people to be fasting Ramadan.
Why?
Because it reduces productivity.
It reduces productivity.
People become lazy.
People are not able to work when they
are fasting all day.
So the Muslims who live under that leadership,
are they allowed to obey the leader?
No.
They have to actually disobey him.
No matter what the consequences.
If a leader says, no one is allowed
to pray five times a day and he
closes all the masajid, do we obey him?
No.
If the leader comes around saying, forcing people
to drink alcohol, should he be obeyed?
No.
He must be disobeyed.
He must be disobeyed.
Likewise, if let's say, a father tells his
son, I don't want you to, let's say,
I don't want you to grow a beard.
I want you to shave your beard.
Should he be obeyed?
No.
Because the Prophet ﷺ commanded the men to
grow their beards.
And so on and so forth.
If a husband tells his wife, I don't
want you to wear hijab when you go
out, should she obey him?
No.
Although all of these people must be obeyed.
Right?
But the Prophet ﷺ said, in what should
they be obeyed?
He said, They should only be obeyed in
that which is right.
Meaning, in that which falls under the teachings
of Allah, the teachings of Islam.
Right?
So, what this means is, if Allah commands
us to do something and forbids us from
something else, then there is no option to
obey anyone else in that.
However, if something is optional and not mandatory,
then that is a different, that is a
completely different scenario.
For example, for example, fasting Mondays and Thursdays
is sunnah, right?
Let's say there is a wife, she wants
to fast Monday.
The husband says, you are not going to
fast today.
What should she do here?
Does she have to obey him or does
she say, no, I'm going to disobey you.
Because, you know, this is a good deed
I want to do.
Hmm?
She has to obey.
Why?
Uh-huh.
Okay.
Yes, basically, she has to obey him.
And that is fard.
And, the fasting, it's optional.
The fasting here is not something Allah has
mandated.
It's not a fard, it's not a wajib.
Right?
And so on and so forth.
And so on and so forth.
But obviously, even our obedience, even our obedience,
we have to do it to the best
of our abilities.
Right?
Because the Prophet ﷺ says in another hadith,
عليكم السمع والطاعة فيما استطعتم.
You have to listen and obey, meaning those
who you're supposed to obey, in that which
is possible, in that which you have the
ability to obey.
Right?
In that which you have the ability to
obey.
Right?
So if your parents tell you to do
something and you're not able to do it,
you try your best.
If you're not able to do it, you're
not sinful.
Because of this other hadith, عليكم السمع والطاعة
فيما استطعتم.
In that which you are able to do.
Right?
So ability here is important.
And there's another wording of the same hadith
where the Prophet ﷺ says, لا طاعة لمخلوق
في معصية الخالق.
There is no obedience to a created being
in the disobedience of the Creator.
In the disobedience of the Creator.
The next hadith is the hadith of عبد
الله بن عمر or his father عمر بن
العاص.
رضي الله عنه.
And this is in بخاري المسلم.
And also أبو غريرة narrates this hadith.
قال رسول الله ﷺ, إذا حكم الحاكم فاجتهد
وعصاب فله أجران وإذا حكم فاجتهد فأخطأ فله
أجر واحد.
The Prophet ﷺ says that when the Muslim
judge decides on a verdict in a case
and he does his best to come to
the right conclusion.
He does what is known as اجتهاد.
So اجتهاد is basically where a qualified Muslim
judge he basically tries his best to come
to the correct ruling on a certain matter.
So a case comes to him and he
tries his best.
He looks at the evidence.
He looks at everything.
It's not like he just out of the
blue says this is my verdict.
Right?
No, there's a process.
He puts all his effort into it to
try to figure out what should be the
correct ruling in this case.
This is called اجتهاد.
What is this called?
اجتهاد.
Alright, so this is called اجتهاد.
Alright, so
the Muslim judge he does اجتهاد.
The Prophet ﷺ says if he does that
and then he gets the ruling correct فَأَصَاب
How many rewards does he get?
Two.
فَلَهُ أَجْرَان And if he rules in a
case after doing اجتهاد but he gets it
wrong how many rewards does he get?
Or does he get any?
He gets one.
He gets one reward.
That's what the Prophet ﷺ says here.
And so what we learn from this what
we learn from this hadith is that either
way either way a Muslim judge is rewarded.
The one who tries his best.
The one who tries his best.
And the same applies to our Muslim scholars.
It's not only a Muslim judge in a
court that has cases that are brought to
him but also in the case of our
Muslim scholars who basically have to figure out
what is a correct ruling on certain things
in our deen especially contemporary issues and new
issues and
so the Muslim scholars are the same thing.
They do what is known as اجتهاد.
Right?
They do what is known as اجتهاد.
Now in the case of both the Muslim
judge and the Muslim scholar we said what
is the condition here?
What is the condition for him to get
either one reward or two rewards?
What is the condition?
Okay but before that.
Yeah?
A very important condition.
Yes of course Ikhlas but even before Ikhlas.
A person can be مخلص he can have
Ikhlas but he's missing this condition.
Being qualified.
Being qualified.
Right?
You can't go into something without being qualified.
We already spoke about that.
Likewise in the case of being a Muslim
judge and a Muslim scholar to do اجتهاد
you have to be qualified for اجتهاد.
Not anyone can say I'll do اجتهاد and
yet he's not qualified.
He hasn't gone through years of learning and
training to reach that point.
And that's the difference between that's the difference
between a true Muslim judge or Muslim scholar
and a person who just follows his desires.
Who makes it seem as if he's a
scholar and he's not.
And the Shaykh also mentions a very important
point here that a Muslim judge he cannot
be biased.
He cannot be biased.
For example a case comes before him where
it's a relative of his.
Part of اجتهاد means part of اجتهاد means
he is looking for the truth.
He's being impartial.
He's not looking to favor one party over
the other.
That's part of the whole اجتهاد process.
And what we learn from this hadith is
something very important that our Muslim scholars throughout
our Islamic history even if they may have
made mistakes even if they may have been
wrong on certain issues and sometimes it's a
clear mistake.
It's clearly they were wrong.
Right?
We don't attack them.
We do not blame them.
We don't criticize them that this person is
an ignorant, deviant he doesn't know what he's
talking about.
No.
As long as they are respected Ulama who
are qualified to do اجتهاد then what is
the Prophet ﷺ saying?
That at least they go away with one
reward if they're wrong.
At least they do go away with one
reward.
Finally we'll cover one last hadith and this
is the hadith of Abdullah ibn Abbas رضي
الله عنهما and this is in Sahih Muslim
قال رسول الله ﷺ لَوْ يُعْطَ النَّاسُ بِدَعْوَاهُمْ
لَدْ دَعَى رِجَالٌ دِمَاءَ قَوْمٍ وَأَمْوَالَهُمْ وَلَكِنَّ الْيَمِينَ
عَلَى الْمُدَّعَى عَلَيْهِ and here the Prophet ﷺ
says if the people are given based on
their claims if people are given based on
their claims then there will be men who
will claim the blood of people and also
their wealth.
What does that mean that they'll claim the
blood and the wealth of people?
What that means is they'll say that so
-and-so murdered and so we want to
kill him and he stole and we want
to take this money back that's what the
Prophet ﷺ is saying if people were just
given based on their claims then this is
what will happen today you come to me
and you say so-and-so he stole
$500 off of me if I just go
based on that claim and say come give
me $500 so I can give it back
to the person if that ends up being
the case always then everyone's going to claim
whatever they want everyone's going to claim whatever
they want so then the Prophet ﷺ said
however, those who are rejecting the claim they're
accused what do they have to do?
al-yameen al-yameen ala al-mudda'a
alayh meaning they have to swear by Allah
that they are innocent they have to swear
by Allah that they're innocent now another version
of this hadith and the Shaykh mentions it
and this is in al-Bayhaqi al-Bayyinah
ala al-mudda'i wal-yameen ala man
ankar that
evidence has to be brought by the claimant
and the accused he has to swear that
he's innocent he has to swear that he
is innocent and so basically what this hadith
is telling us is how how basically cases
are resolved in the sharia where you have
a Muslim court you have a Muslim judge
this is the basis, this is the foundation
and this is the very first thing that
any person who is trained to be a
Muslim judge this is the very first thing
that they learn how to judge in cases
whoever is making a claim he has to
bring evidence right it's not the other way
around right the one who is the one
who is saying I'm innocent you don't tell
him, you bring your proof right you know,
if someone is saying that so and so
stole something off of me you don't tell
the one who is accused prove your innocence
obviously he's going to say I'm innocent right,
but you don't say to him prove your
innocence instead you say to the accuser you
prove that your claim that your claim is
true right and this shows us again the
justice of Islam and the sharia our deen
is a complete way of life our deen
has taught us everything and our deen is
based on justice it is based on justice
and so if the claimant cannot bring proof
he doesn't have evidence he made the claim
but he's not able to bring evidence then
the judge, what does he do?
he turns to the accused and he says
look, he doesn't have evidence now you swear
by Allah that you're innocent right, this is
the process he first asks the claimant to
bring your evidence he can't bring evidence right,
so then he turns to the accused and
he says he asks him to make a
yameen yameen is basically to take an oath
with Allah to take an oath by the
name of Allah that he is innocent and
so this is where we'll stop and we'll
continue next week inshaAllah on to hadith number
59 bi-idhnillahi ta'ala if there's any
questions you guys can ask it
depends on the evidence right if the evidence
is clear cut right, if the evidence is
clear cut then that's it the judge gives
his verdict but if it's not that strong
the evidence and the person is still saying
I'm innocent then he asks him to take
a yameen yeah,
so the idea that a person is innocent
until proven guilty this is an Islamic concept
yeah, so again this is something that is
discussed in detail in books of fiqh the
question was that if someone is accused of
certain crime are we allowed to detain him
because we said the person is innocent until
proven guilty so if he says I'm innocent
are we still allowed to hold him detain
him, put him in prison until the court
proceedings etc the answer is, this goes back
to what the judge sees as being fair
with regards to this individual so if he
feels that this person is a dangerous person
and he could cause harm potential harm then
yes, we're allowed to hold on to him
until the verdict comes but if he sees
that no that's not the case then he
can let him go it all goes back
to discretion the discretion of the judge and
we see this we see this in the
life of the Prophet so for example you
had there are two examples from the life
of the Prophet the first is the example
of his own wife Aisha in that whole
slander that Allah mentions in Surah An-Nur
so the munafiqun accused her of something and
there's no evidence right but it's an accusation
made so here she could be innocent she
could be guilty and there's no way for
the Prophet to know unless Allah tells him
and Allah did not clarify anything for more
than a month no revelation came finally the
revelation came declaring her innocent so that whole
period of time the Prophet did not punish
her right but at the same time he
stayed away from her and she mentions the
whole experience the whole ordeal and the difficult
days that those were for her the other
example is the example of Ka'b Ibn
Ubay Ka'b when he stayed away he
did not go out with the Muslims in
the battle of Tabuk and when the Prophet
came back the hypocrites who also did not
go they came with all their excuses and
Ka'b along with two other companions were
truthful they said Ya Rasulullah we did not
have any excuse so now what is the
Prophet going to do with them they did
something wrong everyone had to go in that
battle and they stayed behind what they did
was a crime so again the Prophet did
not detain them nor did he treat them
like everyone else he actually asked all the
Muslims to boycott these three companions and it
was a very difficult time for them and
again Ka'b narrates the whole story this
is in Sahih Al Bukhari and in the
end after more than a month Allah reveals
ayaat in support of them so this shows
us that it goes back to what the
leader or the judge sees as being right
and what to do what course of action
we should take with someone who has been
accused until we decide their innocence so in
the case of Ka'b the Prophet ordered
that they should be boycotted in the case
of the Muslim judge he may see in
the best interest of the Muslims to put
this person in prison to detain him until
we have the court proceedings etc no
there is no set criteria it's just the
judge looks at the individual what kind of
person is he based on various indications and
they use the same process here in the
west some people they let them out on
bail others no they don't let them out
on bail because they are too dangerous any
other questions?
ok we will conclude here and we will
continue next week