Fair & Balanced: The Muslim Way

Mohammed Faqih

Channel: Mohammed Faqih

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Okay, are we doing live streaming?

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Are we doing live streaming?

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Yeah.

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Okay, we sell al hamdu lillahi wa salatu salam ala rasulillah sallallahu alayhi wa sallam playing Eva wahama moussaka Bella,

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about

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this is one of these presentations of mine were

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where I would like to get a bit, talk about different applications and all that. But what I really wanted to do is, and this is I believe this is actually is indeed, my fair and balanced in the life of a believer, of course I can, we can sit and I can

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talk to you about the ayat and the Hadith, in which the prophet SAW Selim teaches us, you know, moderation, you know, to be fair to be objective, and the importance of these things, we can discuss them and we can recession in 2019, I wanted this to be a little more engaging, and for us to

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I want to test myself and test to see if we can have a more engaging discussion as opposed to a lecture or a presentation where I come in, I just present something to you, and you just take it, and then at the end, he asked me a few questions, and, and I get away with answering them the way I want. Right. But I wanted to actually, for us to get a little deep into these concepts. Because when we talk about character or or matters or issues that are related to character, one of the objectives is that we're seeking is we're seeking positive change, right? We're seeking to improve ourselves, and maybe also impact or influence others to change. And,

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yes,

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it's on.

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Okay, yeah.

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Okay, it's,

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so

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not only accept something, but we, we have to buy into it. Right. So there has to be a buy in it has to make.

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So we want to,

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if we want real change, then we have to really and most of these concepts anyways, you know, are things that we know, but we just want, we're struggling

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to come to terms with him. Most of these concepts anyways, you know, are things that we know, but we just want, we're struggling

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to come to terms with them. Right, especially this particular subject, right, when it comes to fairness and justice, what is fair, what is just so?

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So first of all, where does this come from? You know, I am a big fan of a book authored by a scholar from Sham, modern day Syria. May Allah have mercy on him. He

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left Syria, while back in he ended up in the eastern western region of the Arabian Peninsula, where he Rahmatullah they passed away. Right. But he was a great mind, a great scholar in here wrote this beautiful book about

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the fundamentals of character and Islam.

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Right, he wrote a two volume book.

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And, and in the book, he talks about

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truth, like he talks about, you know, the, the, the principles or the foundations, the fundamentals of character, like in Islam, where does you know having to tell the truth, speaking the truth and not lying, where does that come from? Where does it come from?

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Right. So he identifies, he identified about principles from which these these qualities are

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characteristics or values of STEM. And the first one to him is something that he refers to as a good happy without all.

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Right, he says, to love, to love and commit,

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Can Can we set

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to commit to the truth, to commit to the truth and give preference to the truth. So basically, and when you when you read when you read his explanation of how, in Islam or a believer is supposed to uphold the truth, believe in the truth, love the truth, give preference to the truth, truth has to be a priority, right?

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One of one of the, you know, it makes you start analyzing yourself and people around you and how people behave. One of the greatest characters that we have in our history is Omar gonna hop up. And as I was reading, and I was analyzing, I realized that Oh, model the Allahu anhu, even before he became a Muslim, he had

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he was committed to the truth to what he perceived to be the truth. Right, he was he was fully committed to it. Therefore, when he finally when it clicked, when he finally found Islam or realized that Islam is the truth, what happened to him and

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he wasn't like, okay, Islam as a truth. Let me

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let me think about it. Let me weigh my options. Let me see how I can transition into it. Let me see, you know, what is at stake here? No, Omar, as a person, his his character, the way you know, he was created, if you will, he was someone who his commitment to the truth was so strong to what he believed that he was going to do it at any cost, by any means necessary. Right? So as soon as he realized it's the truth, his prejudice and whatever was blinding him, was removed, what needs to be upon him? You know, he came to the Prophet said, Isn't it about time for you, or someone will have to accept Islam? And he said, I shadow Allah, Allah and Allah Rasool Allah, on the spot, the Prophet

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did not even like he didn't come to the province, a messenger of Allah, or Hamad I am here, trying to examine this, I really feel inspired and all of that. So can we talk about this note, as soon as the Prophet got up? When he came, they said that the companies were working on that piece from the Quran that they were reading from. So he took it and for the first time, he gave himself a chance to examine

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Islam. He thought he believed he thought that Islam was a false religion, that Muhammad basically his his

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message,

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divided the community and, and caused a rift between husband and y's, you know, parents and children and all of that. So he wanted to end this. On his way. He was told he was different. He was redirected, he was told to go and check out you know, the situation with his own sister. So when he went there, he found out that his own sister accepted Islam, not only her, his sister, but also his cousin, who was also his brother in law. his sister's husband, accepted Islam, and he confronted them and they had a little

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you know, that confrontation. And then, you know, he found he Holly analytische, are elected kiloton Lima yaksha. And by the time he finished that,

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it is a truth.

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That's not based on his practice, or based on what he heard, and his preconceived notion or, for the first time, he's now examining his he's all took half a page of the Quran. It is a true Muhammad is it near who he claims to be?

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So he's like, I can disagree with this.

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So, so he's like, leading me to him. Where is he? So they took him to the Prophet peace be upon them? The Prophet said, Isn't it about time for you, you don't have to accept the truth. He said, I showed you Allah, Allah, Allah, Allah, Allah, Allah, no conditions, nothing, no discussion is on the spot. So Omar had this great sense, you know, an attachment admiration, he valued, he respected, he pursued, he preferred the truth, the truth, you know, when the compelling truth is presented to him, he will take it, even if it's against his own desires or whims or what he's used to. This was a this was a characteristic of Oman. Now, why am I saying this? Because the role model was one of the

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people that in our

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history that whenever we talk about justice,

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right, like ruling with justice and being fair and being adjust ruler history, that whenever we talk about justice,

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right, like ruling with justice and being fair and being a just ruler, one of the examples that we give after the prophet SAW send them is

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one of the most profound examples is armor. Right? So where did that come from?

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Where did his his sense of justice and his commitment to justice come came from? My argument is it came from that from him

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putting value to the truth.

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Truth is everything. Right? So so.

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And then

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chef, Madani Rahim, Allah, right, he moves forward, and then he starts talking about other, you know, he talks about characteristics, speaking or telling the truth, being honest, or being truthful in your, in your expressions, or in your statements in your speech. Right. in your conversations. Where did that where does that come from? Why do we struggle from that? If so, he traces it back to that, that original principle pursue? And you're willing to, to hold on to it and uphold it or not? That's a question that we need to ask ourselves pursue? And you're willing to, to hold on to it and uphold it or not? That's a question that we need to ask ourselves.

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Then after that, he goes into justice.

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And from from justice, you know, from our sense of justice, stems, everything else now. So what is the definition of justice?

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What What is your your definition of justice?

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up to what it is our understanding or our,

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our understanding of justice?

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Okay, fair, to be fair, okay.

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unbiased, these are various applications of justice. Right. But what does justice mean to you when you hear the word justice? You know, we hear people saying it's a great buzzword nowadays, right? social justice, justice warriors, you know, social justice warriors. Right. What is justice?

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Right, we go to protests, and he will say, what do we want justice? When do we want it now?

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You know, sometimes it takes a while for justice to be to be established. Right? You can't just have it like that. But, you know.

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Fair, right. So you're saying rule of law, but assuming that there, because if sometimes you can seek the rule of law, or do you want to apply the law, but the law itself may not be fair. So

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So is justice, about establishing law or is law that establishing just bringing restoring justice?

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Right, because to some people, the application of the law or the Constitution is justice,

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you know, which was meant for to to achieve what, in my opinion, right? law laws and constitutions and and, and, and, you know,

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penal codes and like it is meant to achieve or to restore justice, right. Bring back so so what is that justice that we're all seeking?

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Yes,

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rights.

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That is great. So, this is what he says, you know, he says, I mean, there are different definitions for a justice. So he said, just this is

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this

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is for me, Mashallah. Is

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that you should next time you should spring for everyone can.

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Everyone can get a drop in shallow sip.

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Oh, let's see, is this justice or not? I mean, this is here's what he says in his definition. He says,

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Justice is to give everyone or every individual what

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They're right, or what belongs to them? Or what is equivalent to it.

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So, and the key word here not of their right.

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Is it just to give it to them?

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Okay.

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All right. So this is one, one definition that he gives. Another definition that he gives is, it is justice is to,

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to balance, like the action itself, and what the right necessitates.

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They must be consistent, or they must they must be aligned. What does he mean by that? I'm just trying to roughly translate what he's saying. So he's saying is that if you have a right,

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right,

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that the actions to my actions towards you, or whatever, or whatever you do, whatever I do for you, or whatever you do, right, with respect to that right of yours, have to be consistent or have to be for the sake of restoring or fulfilling or maintaining that right of yours. That's justice. Now, sometimes it may not achieve that it may not it may not happen.

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However, not the attempt, but the actual application that the actual process took place. So though, you may not end up having having the you know, what you were looking for, like, physically, you may not be able, but the my actions and your actions were all consistent with, with they were all

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they were meant to restore or deliver that right to you. Now, if that right doesn't doesn't happen, for some reason, right. If it parishes, you perish before it's you know, is Does this mean that that justice was not was not established?

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Yes or no? Right? I forgot it here. You found it, and then you realize it was mine. And you were supposed to deliver it to me, and you went out of your way to deliver it to me, what you're doing is the pursuit of restoring something, but in the process, something happened to you or something happened to it? That was out of your control. Right. And I ended up losing the phone or the phone was destroyed, and I didn't get it.

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Is this

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what you mean? Have you done your part and trying to okay, right. So fairness or justice does not mean that I have to actually realize these pursued end results.

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Right, sometimes it doesn't happen. That's not in our hand, you get you get my point. My name is Silvia. So I have to be content that you tried your best. I can't say, Abdullah didn't, you know, Abdullah? Abdullah, you know, if he didn't take it, if he left it where it was? Right, he would have not, I would have still been able to, because Abdullah was trying he didn't. He didn't. Now sometimes we take ourselves, but had he not,

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you know, bothered himself with it and left it there. Maybe I would have been able to go and get it myself. Right. I can't hold him responsible.

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Right for because his intention was to deliver to restore the right, though it didn't actually happen. And and he did his best to do it. And that's fair, then just I have no claim against him.

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At least morally, you know, I don't know legally, maybe I have, where is

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where is

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our wife? Our

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right, maybe legally I have all right. So this is this is justice. Now then he goes into another.

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And then he goes into another very important concept that I want you all to listen to this. All of this, by the way is going to help it will help us reconcile with some of the issues that we may be struggling with when it comes to rights and duties and obligations, men's rights, women's rights, parents rights, children's rights, you know, sometimes we're

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then he said, we also have to keep in mind that justice is not about rights, children's rights, you know, sometimes were.

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Then he said, we also have to keep in mind that justice is not about maintaining, like two sides of a scale. It is sometimes if there are two sides. Sometimes the scale may have multiple sites. Not only two sides, you

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Balancing doesn't mean that they all have to be even at the same level. Right? Sometimes it means, right. So, you know, an example that I like to give it is, sometimes you want to make the perfect

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the perfect.

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My favorite

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Banana,

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banana bread,

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right? Or banana loaf bread, whatever you know, you want to make. Now?

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Is it in order for you to have a perfect banana bread? Do you basically bring all the ingredients and you make sure that you put the same amount of everything?

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Okay, it's not the same amount of everything, it's the right amount of everything.

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Right? That's what is going to give you the end result, the right amount of everything, certain things you may put put, you know, like there is a ratio that you have to maintain. So the ratio could be 122123223224, right?

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Can someone come and say, Oh, this is not right. This is not just, it should be one to one to two right now.

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Right? Just keep you see what I'm going with this. This is what I'm going with it? You see what I'm doing this. So because sometimes people have the idea that that justice or fairness or balance means equality.

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Not equity not not fairness, not balanced, not equality, like it has to be even it has to be the same exact No, not necessarily.

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different components might require more of something or less of the different components more may have more access, less access, you know, and so on and so forth. Then the most important question is, okay, so where do these rights come from?

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With you know, how do you determine the right amount of

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flour versus

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the right number of bananas versus the right. How do you determine where does that come from?

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expertise experiment, right? So, so you think you think someone was trying to make the like, the very first banana bread in the world in the universe, and history, like someone was trying to make it in the first time it didn't come out, right, they have to make, they have to, they have to make multiple attempts until they finally found the right perfect balance or ingredient, ingredients and balance and then they they wrote the recipe when it comes to two.

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Two, you know, cooking Yeah, of course, you have to experiment. But when it comes to individuals, human beings and societies, how to govern a society or family, you know, where do you think these rights came from who determine those rights?

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Right.

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Now, divine guidance tells us that the one to whom belongs all rights, the giver of rights, is who?

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Okay, before we say that, why? The question is why? Why does it have to be a law or the creator?

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There's a very important principle that we find in the Quran, that we may sometimes recite, and we don't reflect a line for answers. It's Allah. Allah Allahu Allah subhanho wa Taala to God belongs the creation. So, you know, the order another another translation for the word

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is what order like order also means what proper order of things the way things are, right? So to God belongs in for for very logical, obvious reasons. If he created then he knows

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he he's the one that made it. And and did God create things perfectly?

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I'm saying what I'm not saying are things perfect, but did He create things imbalanced and perfectly? Yes.

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Right. When God created the universe, a loss of habitat says was Semih Rafa how old armies and he established everything. It was well calculated to the Do we have any physicists here?

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Any physicists, any engineers, any chemists, right? Any biologists and they don't like to identify themselves, you know what I'm talking about, right?

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So I'll ask them how to other creative things with a perfect balance for them to function and to fulfill their mission.

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And it's the same case we're no different than the rest of the of the cosmos.

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We're not we're not any different as human beings. Hmm. Yeah, we're, we're the same as well, when a lot created us and made us and right.

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And he also says,

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Allah, Allah woman Hala Cava who will not even hubiera? Does he not? Does he meaning Allah? Does he not know what he created?

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What he produced? What he made? He does? So who's? Who is the I don't want to say who's best? Who is the only authority the only one that can determine? Who has what, right?

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A lot.

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And there is and when Allah does that he does it for it's not random. It's not to please one segment or one group or, you know, it is actually four, there is a wisdom behind it. Now, some nuts are the wisdom of God, because it's beyond us. There's nothing wrong with trying to pursue and be inspired by, by understanding the wisdom of God. Right, though it shouldn't be a condition to accept, you know, his infinite wisdom subhanho wa Taala. There is nothing wrong with that. Right? There is nothing wrong with seeking to know. And there is nothing wrong with you know, with investigating, I just want you to I'm not saying you should just accept it. All I'm saying is, well, you should

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accept it. What I'm saying is, is there is nothing wrong, there is no there is no contradiction between you accepting it, as a matter of fact, if you accept it, and because you know, it's there, you you pursue it. Right? If you don't, if you don't believe that it's there, why would you pursue something that that is not there? Right. So there is nothing wrong with with doing that, but it shouldn't be a condition for you to submit.

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Right? Just like there are a lot of laws that we don't understand. We don't know, we still accept and submit to right.

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Right? I mean, it's, I mean, everyone is getting their w two forms, right? Or your 1099 or whatever you're on, you're getting them, you're going to be filing for taxes, right? You who understands or knows, you know, 10% of the of an asset class.

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Right? You know, because that's

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right. And sometimes it doesn't make sense, but you just have to do it, you accept it. Now, some of us may try and you you have absolute right to, to, to pursue to understand where it came from, why is it this way? Why is it that way? Should you be supporting

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a OC, or not? And he or her? You know, should you be supporting that or not, you know, then you need to educate yourself. You need to be more, you need to know what, who's, who's AOC that you're asking? Alexandria, ocasio Cortez.

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Now you know Who? The Congresswoman from New York, from the Bronx.

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Right. So.

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Right, but

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it's because I know some people they like, yeah, they're cheering. They're like, yeah, we want that. And then they don't understand what it means. Do you even know as he's asking for what, what? What reform is she's trying to introduce or she's, you know, calling for it. But they're like, I don't care. But she sounds, you know.

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Okay. So anyways.

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So there's nothing wrong with trying to understand as a matter of fact, is something positive that you should you should see, however, do you is a question that you have to accept that. Ask yourself, do you believe that the the the one that has the right, not the right, the authority to give rights and take rights is the creator?

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Right? That's a question you need to ask answering for yourself. Right.

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So now, then justice becomes what? Clear, justice and balance in Islam means that we restore or balance things to the best of our ability, by the way, because sometimes we won't be able to the best of our ability to meet

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divine standards.

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Not earthly standards, not our standards, but divine standards.

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This is the key the key concept or question before we even start talking about what are the rights and obligations and start like doing a power? So

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I'll give you an example.

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I'll give you an example.

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By the way, there are a lot of examples. So please don't ask me. Why are you using this example. You know, you're not being fair, you're not being balanced, you need to give the counter. I'm just using a random example. So I hope that

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One of the the concepts that, let's say that, that I deal with that in the old days, maybe 20 years ago, I didn't deal with it with with it as much as I deal with it now. You know, maybe before that, you know, nobody like 20 years ago or before that nobody even question this. Everybody accepted this. Now in Islam when a when the husband when a couple get married, right when a man marries a woman, and Islam and that's the only the only setup that we have when a man marries a woman.

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The Sharia says that the man is obligated to do to do what

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what is the you know, what's what, what are the obligations?

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One of the obligations is basically the financial right. So, I guess you guys took us to the financial, we're just gonna focus on the financial. Okay, so, so the male that's it.

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You can't call this Oh, this is discriminatory. This is sexist, why? But you know, I'm the man in the Sharia divine law says that it's in the Quran. It's backed by the prophetic tradition. The Quran says that the man has to offer his way.

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Right, and give her and deliver and fulfill a, you know, there's an obligation something called mod, Sameera. It's not Valerie's marriage gift, something that has monetary value.

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It could be it could be $1. It could be a dime, it could be it could be millions of dollars. Right? Whatever the person can afford, whatever is agreed upon, you know, right. But once that amount is promised, it becomes how

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does he have right?

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Can after let's say a man basically gives his wife 50,000? Let's say?

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which I don't think is reasonable. But But if you can afford it, and if she is worth it, why not? Right? Let's, let's say he gives her 50,000. He puts it in her bank account? Or she they open up? You know, does he have a right to it?

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What if he if he loses all of his money in his desperate?

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measure? He says Absolutely not. Unless, unless, right?

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She willingly she comes and says, You know what, here?

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That's what divine divine Divine Mercy says that. Now,

00:32:49--> 00:32:54

what if what if is the reverse the other way around? He has $50,000 in his bank account.

00:32:55--> 00:32:58

And she's broke? She has nothing. And she needs some money?

00:33:00--> 00:33:02

Does he have to give her from that money?

00:33:03--> 00:33:04

He does.

00:33:05--> 00:33:08

Can she take it without his permission?

00:33:09--> 00:33:10

If he says no.

00:33:11--> 00:33:30

She can? Yes, she can. Because she has access to it. She can the province and send them when winter hadn't been talked about asked him she said in Sorry, sorry, men, some of you might come and say oh, my god, you're you know, you have no idea. You know, maybe you should just go and report your credit cards last.

00:33:33--> 00:33:41

So someone had been productive, I came to him. And she said, she said to him, Abu Abu sufian is cheap. And he's not giving me enough

00:33:42--> 00:34:13

for me for the household. So the prophets have said and said to her, he gave her Can I take from him without telling him without getting his permission? Or do I have to give his Do I have to convince him that he said howdy my fi key or whether they're keeping them out of their permission to take as much as she needs to take enough what is what is reasonable? What is equitable, you know, not take all of his money or half of his money and go on vacation and start you know, spending and go and do some, you know,

00:34:14--> 00:34:16

cosmetics, you know,

00:34:17--> 00:34:35

surgeries and stuff like that, though. Obviously, he said take it for whatever is necessary. Whatever you really need, your basic needs, you know, if you need whatever for that take, so the process of time gave her permission. Now, if someone was to put this in front of a judge or in front of any

00:34:43--> 00:34:45

does it does it does it look fair?

00:34:49--> 00:34:58

Give her have rights said right. The wife has a right to this. The husband doesn't have a right without permission.

00:35:00--> 00:35:38

disclaimer, I know some of you are gonna like me, some of you are gonna hate me. I didn't want to lie. And I did not plan this. I wasn't planning, I'm just going to say, you know, that doesn't mean that the woman like a sister who's Mashallah very wealthy, she hasn't her husband needs something or that women shouldn't help their husbands? No, of course they should. And it's, she gets blessed for doing that. And that's part of like, you know, someone might say, is she morally obligated while she is emotionally obligated or romantically obligated? You know, if she really loves and cares about her husband, of course, he will do these things. These are, you know, nice gestures, if, if we are

00:35:38--> 00:35:45

obligated, or if we are told the question here is, is she obligated? Can she be forced? No.

00:35:48--> 00:35:48

She can.

00:35:56--> 00:35:57

So,

00:35:58--> 00:36:14

and this is, this is what the giver of REITs says. So, we can't come to this and say, wait a minute, this is not balanced, this is not this is actually balanced. And Allah subhanaw taala has his wisdom, his ultimate wisdom. So this is just an example that I wanted to give.

00:36:17--> 00:36:45

inshallah, we will continue this discussion in my in my next session will be more detailed, we're going to be talking about different areas, different applications, you know, we're going to be talking about the applied version of this. It's a very important subject, but if you have any question regarding the principle itself, if you have any philosophical, you know, when we say philosophical, we're talking about or theologically speaking, or philosophically speaking, please feel free inshallah.

00:36:46--> 00:36:47

Yes,

00:36:49--> 00:36:50

feel very free inshallah.

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

Yes,

00:36:55--> 00:36:57

living here were

00:37:00--> 00:37:01

more than a guide to

00:37:03--> 00:37:06

divorce, the guidance.

00:37:07--> 00:37:09

That wouldn't be wrong.

00:37:14--> 00:37:17

Except for demand, ask for

00:37:20--> 00:37:21

grants you something

00:37:22--> 00:37:27

that he that that the sherea? Doesn't,

00:37:28--> 00:37:32

the Sharia does not make it your help. Now, the law of the land,

00:37:33--> 00:37:47

says that it's your right, you have a right to it, it's yours. You can take it, you can claim it. Now, Divine Law says it's not your right. You have no, you have no right to it. And you shouldn't take it even if it's given to you.

00:37:49--> 00:37:50

Which one takes

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

precedence?

00:37:55--> 00:38:33

It all depends on the individual's sense of religiosity, how committed are they? Do they really believe that there is a day where they will have to answer to a loss of Hana with the halo or not? Right? So so there is a notion is this is very unfortunate, there is a notion that if the law gives you if a judge, if you get a ruling, if the if the court basically rules, you know, and listen to this carefully, I may have said this in the past, if this is, if I'm repeating this, please bear with me, if the Messenger of Allah saw Selim himself, and the message of a lot is, is a prophet of Allah, he's been.

00:38:34--> 00:38:35

He said,

00:38:37--> 00:38:42

If I rule, if I give someone, something that doesn't belong to them,

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

right,

00:38:44--> 00:38:51

then I am, I'm only cutting a piece of fire and handing it to them, they can take it or leave it.

00:38:53--> 00:39:26

And there is a context to that statement that the Prophet made. He said, I am a human being. I judge based on the presented evidence. I don't know the hidden I don't know the unseen I don't know all the circumstances. And some of you may be more capable of, and our role based on that. However, the problem sometimes is saying that there is a margin like there's there's there is a chance for error. If I end up giving someone something that doesn't belong to them. In other words, meaning that God the Almighty did not,

00:39:27--> 00:39:40

you know, did not give it to them as they're right. Just because they were able to prove it to make a case for themselves, then they're not allowed to take it. You're not allowed to take this is the messenger of God.

00:39:42--> 00:39:45

So mnemba anything or anyone else then you know,

00:39:47--> 00:40:00

so so we have to look at it that's that's a an obvious conflict between what divine message the Sharia says and what the judge says. Now there is, however, the

00:40:00--> 00:40:22

There is there is a different angle to this. Now, if the couple got married based on that understanding, like when they got married, they got married, and they said, Listen, we're going to get married in a court, you know, according to California family, what is it called?

00:40:23--> 00:40:32

California family law code or whatever. Right. So we're agreement and that's the understanding that it becomes binding.

00:40:35--> 00:40:35

Right?

00:40:36--> 00:40:48

If that is the the agreement and the understanding as well, right, because sometimes people make make certain agreements, and they don't, they don't clearly understand what they are agreeing to. Right.

00:40:56--> 00:41:07

Now, there are certain agreements that I mean, the Sharia is kind of flexible, but there are certain agreements that cannot be accepted, like Sharia, or why is there not? What, what is the legal term for that?

00:41:09--> 00:41:11

What when, when a condition or a clause is not?

00:41:14--> 00:41:19

Not Not Not binding, but it's not legal? If it's if it's, if it's?

00:41:23--> 00:41:25

No, no, there's there's a word for it.

00:41:26--> 00:41:28

Anyways, if it's, if it's,

00:41:30--> 00:41:38

if it's not a valid condition, like the court will just throw it will not will not accept it, because to begin with, it's not

00:41:39--> 00:42:23

anyways, so. So there are some some kind of agreements that that that may not be binding, even if people agree to it, because the Sharia doesn't accommodate it, to begin with, but generally speaking, and Muslim Mona Allah, she wrote to him, you know, the head, he says that, you know, you have to fulfill the terms of any agreement that you have, unless, again, the terms are go clearly against, you know, what, you know, like, if the terms make something halal haram or something, how long? You know, let's say one of the terms is that when you die, let's say, let's say husband and wife agree that if, if any one of them dies, the surviving

00:42:24--> 00:42:28

surviving spouse takes everything

00:42:30--> 00:42:41

or his children or her children from a previous marriage get nothing. That is not that is not a clause or condition that would be accepted in Sharia.

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

You can't You can't do that. Right, even if they agree on it, and if they approve it, and if they sign, right, even if they knew what they were, that is not, you know, that is not something that can be that would stand in an Islamic under Islamic rule. Yes.

00:43:11--> 00:43:14

Or even from a Muslim, or even from a Muslim who Ramzi?

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

Yeah,

00:43:36--> 00:44:14

of course, there is differences of opinions when it comes to using the court system to even like going to, you know, to seek judgment from the court. There's differences of opinion, I'm of the opinion that says you can you can use, of course, it's always better to settle your disputes or your differences out of the court. I mean, even though the justice system here prefers that you don't, you don't come? Right, you know, but let's say you couldn't do that you could not reach an agreement, you could not reconcile, and now to seek justice, in order for you to have access to your right. You have to go on a stand before a judge, that judge could be Muslim, it could be Hindu, it

00:44:14--> 00:44:22

could be a Christian, it could be an atheist judge, but the judge is going to rule according to the law of the land. And that is the only way you can

00:44:24--> 00:44:26

achieve or you can

00:44:27--> 00:44:29

get your right or some of it.

00:44:31--> 00:44:38

Then are you allowed to pursue that? Of course, definitely. I'm of the opinion that you can, yes. Now,

00:44:39--> 00:45:00

again, you're seeking your right or maybe some of it. However, if the judgment or if the process ends up giving you more than what belongs to you, and you leave the rest. Right. So if you know for sure, let's say someone you know, took something that belongs to you and you were able to

00:45:00--> 00:45:12

To get a ruling, and you are able to get something of a similar value, but it ends up being more than what was taken from you. Then you owe that person that I said that you know, the excess amount.

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

Yes.

00:45:26--> 00:45:26

Yes.

00:45:29--> 00:45:30

Apologies.

00:45:32--> 00:45:34

So let's say we forgive apologies.

00:45:36--> 00:45:43

Okay. Somebody doesn't apologize. Yes, yes. Yes. And I'm a big advocate of that. Yeah.

00:45:45--> 00:45:50

Yeah. And not only that, but also that's also to seek what Allah subhanaw taala has for you. Yeah.

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

Oh, you mean

00:46:03--> 00:46:06

they're not remorseful. They're not? They're not sorry. They're not?

00:46:17--> 00:46:19

That's a very interesting question.

00:46:24--> 00:46:25

Yeah, yeah.

00:46:38--> 00:47:18

And I truly believe that people somehow are going that that, that people are going to somehow pay pay for their, for them, whether they realize it or not, you know, whether they realize it or not, so, you forgive them you will get you will be rewarded, you will be blessed. You will be given contentment inshallah, to Allah you will be given you will be given better than what you have lost, you know, a lot somehow and compensate you. But then what happens to them shouldn't be a concern of yours. But if we are wondering, yeah, it's, May Allah forgive us, but they could very well, Allah could forgive this up to a loss of Hamlet, Allah, Allah could forgive them or punish them. Allah

00:47:18--> 00:47:45

could punish them for their defiance for their arrogance for their, Oh, actually, if they're lucky enough, they will be humbled in this life, they will experience something and they will be able, and if they're very, very fortunate, they will be able to connect the dots, they will be able to connect what happened to them to their offense and say, Oh, my God, this is for what I have done to so and so 10 years ago, or 20 years ago, if they're fortunate enough.

00:47:46--> 00:47:50

That that's By the way, that's someone who's very fortunate. Yeah.

00:48:04--> 00:48:10

It's, it's good. Yeah. I mean, you're absolutely absolutely. You have the right to hold on to your graduates.

00:48:11--> 00:48:15

You can hold on to your grudges and enjoy them for Yeah.

00:48:17--> 00:48:37

Well, yeah, but what I'm saying you have the right and title to being a big person, and having have a big heart and a pure heart, I'm entitled to have, you know, a comfortable life I'm entitled to going to bed with with a pure heart and have to worry, so I'm entitled to all of that, you know, why should I hold on to this to this harmful, you know,

00:48:39--> 00:48:47

you know, piece of memory or something, I'm just gonna get get rid of it, and I'm gonna let go, right, I'm not going to pursue anything in this life.

00:48:49--> 00:49:04

So it is a, it makes perfect sense for me to let go of something that will just harmed me. And it's not going to do anything to the person that actually put me through that. Right. It makes perfect sense. It's spiritually speaking, you know,

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

intellectually.

00:49:11--> 00:49:15

You can do either or, I mean, you can you can do you can you?

00:49:22--> 00:49:34

You can, it's okay. There are different levels of forgiveness. By the way, by the way, this whole idea of saying, forgiven forget, you're not obligated to forget, as a matter of fact, sometimes you don't want to forget.

00:49:35--> 00:50:00

There's a difference between like you need to learn from your past experience. But there's a difference between me for forgetting something. Right, like actively trying to forget and actively trying to remind myself of it. We are a loss of habitat to designers in such a way where we we we do get over things and we forget and we heal, you know, there's nothing wrong with having

00:50:00--> 00:50:28

scar, but don't look at the scar and remind yourself of what happened. Don't relive that moment, you know, the the wound healed. Don't look at the scar anymore. Just pretend like it doesn't exist. Right? But when you see it saying hamdulillah I survived that, and hamdulillah healed, right? You don't have to relive Lee to relive the incident, right? So nobody's saying that just get rid of, you know, maybe some people might tell you, you need to get rid of the scar?

00:50:30--> 00:50:52

Do you have to know you don't have to? Really, but you don't need to. Right. So. So that's one level of letting you know forgiving forgiveness. Or sometimes you actually you can some people manage to completely forgive, like, not only let go, but forgive. In other words, they may see the person that have done that to them and feel indebted to that person.

00:50:53--> 00:51:09

Like, they're not like, Oh, this person is lucky that I I let them off the hook. They don't when they see that person. They're like, right, they have they have no ill feelings. They could they could experience that. That's fine. You don't have there's these are different levels of it. Right.

00:51:10--> 00:51:15

pardoning forgiveness means that you completely

00:51:16--> 00:51:32

you you wipe you purge, the offense is right. You can do either or whichever you're capable of. That's fine. I mean, no. And for both, you will be rewarded. Whether you let go meaning you pardon the person while you still

00:51:34--> 00:51:41

the offense is still there, it's on record. Right? Or you forgive meaning you take it out of your record, right?

00:51:43--> 00:51:49

So you can do either whichever whatever you're capable of. I'm happy with you let just letting go.

00:51:50--> 00:51:53

not sweating it you know the little things. Yes.

00:51:57--> 00:51:57

Yeah.

00:52:18--> 00:52:18

Yes.

00:52:50--> 00:52:51

In the world.

00:53:11--> 00:53:14

By the way, sometimes that is that is much more

00:53:17--> 00:53:19

when you tell someone I have

00:53:20--> 00:53:29

I have handed this file over to a loss of habitat. Your my issue with you it's now in the hands of Allah, I let a loss of habitat I deal with it. That that has.

00:53:36--> 00:53:46

No, once we say it has to be alone, okay. You can hand it over to lots of hats that that means you left it up to Allah azza wa jal. And that's it. You let go and now you need to move on with your life.

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

Yes, Abdullah.

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

Yes.

00:53:57--> 00:53:58

shower. Last question. Go ahead.

00:54:00--> 00:54:00

Yes.

00:54:19--> 00:54:37

Thomas was on the Day of Judgment. What either no that will suit you. Let be I am being potty let the infant or when the child killed, as in their in their infancy, is asked usually who's whose question Who's interrogated or question, Who do you question?

00:54:39--> 00:54:53

The perpetrator, right, the offender, the person that the criminal the person that committed that whoever is on trial, on the Day of Judgment Allah subhanaw taala you know, the the victim is going to be brought

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

right and will be cross examined or will be questioned us

00:55:00--> 00:55:02

For what crime were you killed?

00:55:04--> 00:55:06

They have not committed any crime. Right?

00:55:07--> 00:55:16

And that will happen in front of the person that did that. All right. So that's why it's a very, very, very critical

00:55:17--> 00:55:34

in a decision if the life of a fetus is established, right. And there is, of course, a debate between 40, like 80 to 120 days, but there is consensus after 120 days,

00:55:35--> 00:55:49

there's consensus amongst the scholars that after 120, except a less if and only if the pregnancy will, for sure

00:55:50--> 00:55:52

is a threat to the life of the mother.

00:55:55--> 00:56:07

Right after 100, because after 120 days, you have a living being, you know, you have a human being not not fully developed, but as a human being, it's a life. You can't take it.

00:56:09--> 00:56:09

Right.

00:56:11--> 00:56:16

And if someone does that, if they say, well, it's just it's my body, it's my right, it's not their right anymore.

00:56:19--> 00:56:20

So,

00:56:22--> 00:56:38

again, it's not to lessen the gravity of it. Right? Because because they have now high almost a law, they know they have an independent life after birth, his murder is kept as its, there has to be there is there is a punishment for it.

00:56:39--> 00:56:39

Right?

00:56:42--> 00:57:10

Again, it's not to lessen the gravity of it. Right? Because because they have now high almost a law, they you know, they have an independent life. They're independent, they're breathing on their own and all that. Right. If a child is born, and they start breathing on their own, then it to them or someone else does it to them. They were not, you know, it was not done that to them directly. They're still connected to the mother. So it's like, it's like,

00:57:12--> 00:57:15

by the way, someone might say, wait a minute. So you're saying that

00:57:16--> 00:57:33

if it will film, it says, well, it's my body, I can do whatever I want with it. It's not true. And it's not, you know, a man or a woman cannot do whatever they want to their buddy. Can you say, Well, I don't like my pinky anymore. I'm gonna chop, I'm gonna cut it out. You can't do it. And Islam is how you can't do that. The Islam doesn't allow you to do that.

00:57:37--> 00:57:42

No, not not capital murder, like killing a person after they were after they were born.

00:57:43--> 00:57:45

That's that's capital.

00:57:49--> 00:57:55

Before 120 days, again, it's debatable. Right, but there is there is a room, if there is a need for it.

00:57:56--> 00:57:57

There is a need for it.

00:58:04--> 00:58:15

But after 120 days, you can't do it for genetic reasons, or whatever. The only case that the scholars give is if

00:58:16--> 00:58:28

maintaining that pregnancy going to threatens the mother. In other words, if she keeps the the child and if she tries to give birth, she's dying, she's gonna die for sure.

00:58:29--> 00:58:38

Then Then you sacrifice the muscle to preserve the you sacrifice the Father, you sacrifice that the fetus to preserve the mother.

00:58:41--> 00:58:45

Then because that then you have two lives, right? You got to lose one or the other.

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

Yeah,

00:58:48--> 00:58:49

yes.

00:59:02--> 00:59:11

They won't, but they still part of their redemption is to their something that they owe the victim or the family of the victim. So they will have to.

00:59:15--> 00:59:15

Yeah.

00:59:23--> 00:59:48

Yeah, they say, okay, Scavo said that, what if, what if you offend someone, right? And you're, you're sorry for offending them. And, but they're nowhere. You know, you can't find them. Maybe they're they they pass away? They're not around or you don't have access to them? You don't? Right. Do you remember the person that you bullied in fifth grade?

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

Or you know, you have hamdulillah we don't have any bullies here. You have never bullied anyone. And so now Now you want to redeem yourself, you know, what do you do? Or let's say you have

01:00:00--> 01:00:26

access to them. But if you tell them, if you go and you tell them ask, you know, let's say you have a good relationship with your mother in law with your husband, with your sister, with your cousin, you have a good relationship, but you have done something to her or to him behind their back. Right? And they suffered from it. And they're like, and now you want them to forgive you for what they you have done, but they don't know it's you.

01:00:28--> 01:00:34

What do you do? You go to them, and you say, forgive me, and they're like, What for? And you tell them? This could

01:00:36--> 01:00:51

completely destroy their relationship, maybe something that they got over or something like that. Right? If you reveal what you have done to them, then it could it could actually destroy the relationship, break the family break the marriage, God knows. Right? So what do you do?

01:00:52--> 01:01:17

Right? Hmm. Okay. So in that case, to preserve this relationship, right? You ask Allah for forgiveness, and then you try to redeem yourself by doing something for them, you know, praying for them, like going out of your way to do something for them, right to compensate for what you have done? Does that make sense? So you tried to redeem yourself in other ways.

01:01:25--> 01:02:03

And that's why you just that's why we are always encouraged to ask a lot of what Allah for forgiveness. And we're encouraged to pray for one another and to pray for those that we have, we have offended the Prophet himself said, If I have offended any any one of you, please come and take your your you know, your help. And and the Prophet said and said, Oh Allah, if I have offended anyone, if I have done anything to anyone, if I have wronged anyone, or law, forgive them and make whatever they have suffered, because of me, a source of Rama and forgiveness for them. So the process of praise that Allah Subhana Allah blesses them. For the path, of course, the person didn't

01:02:03--> 01:02:28

harm anyone, but he himself was teaching us and he was being extra careful. So a lot of them all he was being very sensitive, so a lot of them. So he asked him, begged Allah Subhana Allah that in case he harmed anyone without knowing, right? unintentionally, he prayed to Allah Subhana Allah to make that a source of blessing and a source of comfort and and a cause of of

01:02:30--> 01:02:42

what a cause of mercy for them like to make that you know. So, so, in other words to you know, something you know, to make it turn into something great for them, right.

01:02:43--> 01:02:46

And this is from the Associate of the Prophet sallallahu alayhi wa sallam

01:02:49--> 01:03:02

can we conclude and then we can have our site discussions inshallah so that those who need to leave for any reason that they don't feel obligated the case of hanoch llama Hamdi kenisha de la la lanterna sulfuric conical with a Salam Alaikum warahmatullahi wabarakatuh