The Evolution Of Fiqh – Part 2

Moutasem al-Hameedy

Channel: Moutasem al-Hameedy

Series:

Topics: Fiqh

Episode Notes

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Exploring the Evolution of Fiqh. You will learn about the term fiqh, how it was used in the times of Prophet (SAW), times of Khulafa Rashidoon and how the four famous Madhahib evolved, reasons behind difference of opinion. How fiqh evolved to our time. And many other important and relevant topics related to our time.

Episode Transcript

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hamdu Lillahi Rabbil alameen wa salatu salam ala nabina Muhammad, he was a big man in war band.

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This is our second session on the story of the story of.

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And

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we said, we gave a short introduction last time, specifically about the matter of intention. And I read, I stress this again, I stress this again, knowledge is to be sought only for the sake of a loss of panel autonomy is only to be sold for the sake of a loss penalty. And we don't want to keep the word for the sake of Allah vague because with overuse, some times it becomes for some people redundant. So you need to find out exactly why you're coming to this class. What How does it connect you to Allah? How does it help your relationship with purpose? That everything you do you do it for a purpose, you're aware of the purpose you're doing it? So it's not random, it's not out of habit.

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This is how it becomes an act of worship for the sake of Allah subhanaw taala. Otherwise, it could become problematic. You don't want to be on autopilot, you're just doing things you think you're doing them for the sake of Allah and on the Day of Judgment, you're surprised when you see that in your records. It's not actually for the sake of it was not. And the fact that you did not invest enough to understand or unravel the reality of your intention

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is such a problematic issue, you need to make sure they understand what it means for the sake of Allah. So is this or you're coming to this halaqaat this class, the time you're spending, the effort, you're putting in the the the time you spend reading and researching and going back to the reference, and learning and probably memorizing and doing some effort? What is the motivation behind it? What is the why behind it? That's what intention actually means. It means motivation, in simple words, as well, like sometimes people still want to be stuck in certain words, they say, okay, in em means intention. But with overuse, sometimes we don't realize what words really mean.

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intention, Nia means your motive, your motivation, your desire, what is your desire,

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that pushes you to come to this class? What's your motivation? What is this? That's what needs that's what intent is the reason you came to this halaqa to this class, so there's no, you know, there's, there's no politics about it. So simple, so straightforward. If you unravel it, understand it, you're in a good position, if you don't keep it vague, you're playing a very risky game.

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The reason we are studying this,

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this topic is actually today is very important in the light of First, I would say the ramping differences among the Muslims that have divided the Muslims that have divided the Muslims, the Muslims, unfortunately, today seem to be searching for any difference, for any difference among them in order to make an issue about it, and to make, sometimes create cults around certain issues, and to separate themselves from each other.

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But understanding sometimes is used as an excuse for differences. So sometimes, you hold on to an opinion, or you take the opinion of a certain scholar, and for you, that's the truth and the ultimate truth. Someone else follows another scholar. And that scholar has their own opinion, their own history had this based on evidence.

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And for you, your chef's opinion is the ultimate truth. And then you start taking stances against that person, because they do not follow the opinion that you hold on to.

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So because of these issues, it's important to understand what Falcon really means. And what is the history of Falcon Was this the case at the time of the prophet SAW Selim? was at the time at the whole affair of Russia doing or afterwards, how did fit, evolve and grow into the shape that we know today? Was it always the same? Was it always the same shape on the shape the same kind of structure? Or did it take go through different phases and stages until it reached the level we are in? Fifth as we know it? Is it divine? Is it divine in origin? Does it have divine qualities? Or is it a human effort? These are big questions that we need to understand.

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Sometimes people don't read don't are unable to tell the difference between an opinion a fifth opinion or a fifth he matter. Okay. And a divine legislation. Some people think they are one in the same.

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That's it so if you disagree with them on something or if you don't, don't take their advice on an attorney, follow the advice of someone else or another scholar for them. You have reduced

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Today

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you have rejected the verse from the Quran. So they will come to you

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with a matter. And I remember like one day since this happened, and I like to bring examples that happened to me, maybe happened to one of you, or something that we all know about, because we can relate to these matters better. One day I was praying the jamara here, I was leading the career after the gym. And during the gym, I heard some voice, some people arguing talking in the second or third locker.

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And I thought, you know, who talks in this man, like, they were probably like, there was a proper conversation taking place, and was Audible, I could hear it when I was praying. And just like said, Who would like talk, and it seems like adults, not children, they were talking, who would talk and the right behind the amendment, the second line.

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So after the Salah, I sat down, I was making disappear. So people were just making up the rock as the mist. A person approaches me and he said,

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you know,

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we just came, I just came in the middle of the Salah. And the first role was almost complete, there was a spot for one person. When I walked in, there was another person with me.

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And he pointed at the person who was next to him in the second row, who was making his display

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and the other person. So that person asking me the question of pointing at him. And he could almost hear what was said, I realized there was tension.

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So he said to me, so walked in. And like I wanted to just pray or I told the brother, you take that spot, and I will stand in this, I will I will initiate the new the second row. And he said, No, you can't do this. That's how long you pray will be invalid. And the so that's the argument that happened. So they kept arguing for like a few seconds, maybe roughly 30 seconds, then the guy pushed him into like, or sort of bullied him into standing on this second line and leaving that spot. So he said to me, is that right? I said, Okay, brother, it's come down. It's not about the situation that happened to mature between you and that brother. There's a general case and we can talk about it. So

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I told him, there is a matter of disagreement among the scholars.

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Okay, there's a matter of disagreement among the scholars. If you come, and there is no place in the first or the second drawer, and you have to initiate an euro by yourself. Can you do this is your prayer valid? There is a hadith from the prophets are loud you send them that's why I told the brothers a little girls on Salaam let us know how Salah will affect the I will forget the alpha software down there, the Salah, or the prayer of the one single person behind the line or the roll is invalid. That's the Hadith. And this is why this example shows us the importance of studying the history of

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so I told the brother, there's a disagreement among the scholars about the meaning of this Howdy. So some scholars say, actually,

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if you have no other option, the first row, the second row is complete, you have to initiate a new row, you can be by yourself if there's no one else. Some scholars said no. You have to leave that spot and initiate a new line. So you said what if I come by myself and the first row is full, and I have to initiate a new row? What should I do? I said some scholars say you have to drag someone from the first draw and bring them back. That's the most common among people. All right.

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So that's an opinion that I can't say it's wrong. But many of the scholars say this is inappropriate, because you are sort of interrupting someone's prayer, someone's focus and you're dragging them and you are creating a hole or a gap in a complete line.

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And the professor prohibited this proposal and said it seldom says When was the last one was a lot of fun was hola hola ever connects a line when there's a gap so he bridges the gap was Hola Hola. So Allah will connect him or connect with him. Woman taco or soften up Allah.

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For some said, Whoever creates a gap in a row and a complete line, then Allah will disconnect him

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and as serious matter. So which one should you see? So when I said this, the other guy who was sitting there now he he became more involved? And he said,

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What difference of the scholars?

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So I was shocked and I said brother, sorry, I'm not talking to you. He's asking a question. I'm answering his question. And he was very aggressive in his approach. He said the prophets of Salaam said no one should pray by himself behind the line. Otherwise His praise invalid. I said Okay, brother come down. This is an issue of disagreement among this cause. He said what disagreement when the professor solemn has made it clear.

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I said brother come down. I'm not talking to him.

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This product, he had no answer my question. I said, I don't know. That's a question you asked in such a manner.

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You need to ask politely and I'll answer. He said, I'm polite,

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Marshal of this polite. I said, Brother, I don't want to talk to you at this moment, please, let me explain. He said, I told you, the prophet said, and he was just saying scholars, which scholars, you didn't even name scholars.

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That's the kind. By the way, this is not just what happened to me, that happens all the time, with almost everyone you usually fit, you often face people like this or come across people like this.

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Now, this is not an issue, a reason to put the brother down, because that's the limit of his knowledge. That's the limit of his knowledge. But it's probably in some times these issues, family issues, cause this kind of disagreement sometimes fights animosity among Muslims. This was just a simple kind of situation. But what about when this assumes, you know,

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like a higher level of political issues among Muslims.

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Like for example, issues of Helen, Helen chicken.

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There are scholars who made something about halal, okay, if it's slaughtered this way, fine. Hamdulillah, the name of allies mentioned anyway, it's Helen, someone doesn't agree with this opinion. He goes to MSDN he says, the chicken eating is all wrong.

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Just like that.

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And like almost everyone dismissed it. It's that kind of ticket. It's not about scholars, you know, have another opinion on it. It's how long are you eating is how long and you know, this is a very sensitive issue with Muslims, right? You can't say this. You can't say this, especially when there are scholars, and very well versed scholars who know what they're talking about. And they've studied this matter, and they issued a ruling there. So if you don't understand how fully evolved and you think that opinion of your scholar is the divine statement from Allah subhanho wa Taala, and is your own one and only truth. That's when issues among Muslims happen and the prophets I send them was

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very careful, by the way, you will find me stressing this again and again, besides attention, this is another issue is just because I can see it as abroad, a lot of negativity, a lot of animosity among Muslims. And the sense of brotherhood sometimes is sacrificed and compromised. Because of issues like these, we seem to have a very strong desire to be right.

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Instead of being kind.

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So I don't mind putting my brother down, violating him disrespecting him looking down upon him, just to prove my opinion, right. And I feel good about myself. And his opinion is wrong.

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And this is the kind of attitude which I like to call, I'm right, you're wrong, we both lose. That's how it is. Because we're losing our whole communities losing and we're unable to attend to challenges we're facing on a daily basis. Some of our teenagers, some of our youth are leaving Islam and doubting Islam, and some of them are going into serious problems, when we can't even understand how to deal with differences among the scholars, because of our misunderstanding of what really is. So when we understand the story of work and the history and the evolution of faith, we will we will be in a better position to handle these issues and know what is divine and what is human in this

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process. So we stick to what is divine and we accommodate once human.

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So another reason why

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we actually are studying this kind of topic

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is the confusion as well that many Muslims have when it comes when they see the differences among the scholars. Sometimes these differences are quite sharp like this is Halloween. No, it's how long

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this Halloween this harem there's no like there's no way Okay, it could be held on and held at the same time right. So how can we handle these issues we will see, inshallah we will see and we will learn from the prophets of Salaam and his companions. Once we understand the nature of Falcon our evolve, we will be able to see why these differences exist, and whether they have good reasons to exist, and how we can handle them without compromising our Muslim Brotherhood and sense of community and love for one another.

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And one of the reasons we're studying this topic, as well as the overly strict approach that some Muslims display towards matters of disagreement among the scholars, some people take one side. And as I said, That's for them. That's the truth, everyone, everything else is fulfilled. And they're quite adamant, and they speak to others in a condescending fashion.

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Another reason is the often newly practicing Muslims or new Muslims altogether, you know, they face this kind of confusion because once they start learning Islam,

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once they start learning Islam, someone tells them That's right. Someone tells them No, that's wrong, is how you do this. No, not someone else tells how you do that. They thought what Islam is like was one thing because that's a quite simplistic approach. Because these people are they're Muslim born Muslims.

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But they did not have Islamic education, they did not realize the diversity and the differences among the scholars. And this is something that we have to learn how to live with. And it's actually to a certain extent, it's a healthy phenomenon. To a certain extent, it's a healthy phenomenon, or a new Muslim, who thought that Muslims were all on one word in everything.

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But that's impossible in any, in anything, even people in the same team don't agree on all matters. This is a human phenomenon, to have differences and disagreements.

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Also, you know, seeing and understanding, and some of these principles will become apparent as we study, you will see the mercy and the wisdom of Allah subhanaw taala. And how he sent down the message to the prophets of Solomon he, how he

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made principles there for us to be guided by and how these principles allow some space, allow some space for us. And this gives Islam the adaptability, and the universality, where stem can really, you know, be implemented in any situation. And then with every nation, in every place on Earth, this gives Islam its universality. And its flexibility and adaptability, yet maintaining its own principles and uniqueness.

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And also, when we started this topic, some of the hidden aspects of Islam will be shown. And these beautiful aspects and dynamics are the fuck, there's a beautiful system behind Fuck, beautiful, is very systematic, very systematic, it's a beautiful science, it's profound, dynamic, and very well organized, very well organized, and you will see the contributions of our schools are really great and amazing how they build this body of knowledge around the texts are under on the Islamic principles. So these aspects inshallah will be clarified, as well.

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And we will also touch on something like every now and then, which is the do the two kind of extremes, the conflicting or dichotomous extremes, which is the strict blind following of the mother head? Like taking that that's my dad, that's Islam, anything else is not that kind of, okay, blind following governmental hub

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is one extreme. The other extreme is a complete disregard of

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a complete disregard of the mme and the contributions of the Muslim scholars, this is another extreme, both of them should be avoided. The truth is actually somewhere in the middle inshallah, we will clarify it.

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So, I want to start with a question.

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First, who managed to download the book, the evolution of work by Philips, put your hands up? By show of hands can I see?

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Okay, so please, those who haven't done that yet, download the book of

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about me. And I'd be like Philips, the evolution of it's available, if you Google it, the first few like, websites that will pop up and shop, they will have it for free, you can download it for free, and is I believe online university as well offer the book, I believe, for free as well. So you can go to their website, check it there. So the book is available online, you can get a soft copy. It's by the author himself as well. So he condoned that copy to be online. The evolution of fifth by abominable and Phillips, it's, it's quite a good framing effort, it does frame the issue puts it within a very nice systematic frame. And it's very helpful for us to deal with. So. Okay, that's the

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first question. Second question. There was a homework to read the first 20 pages who read the first 20 pages.

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Okay, and sisters. Okay, good. Please try to try to do this. Because, by the way, I'm gonna follow some kind is won't be that. Let me explain a little bit about the methodology.

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I will not be teaching everything

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some of the burden is on you to read to read and it's only one textbook, like I didn't get your five, six textbooks. And you know, till till you go and read and bring a summary. Okay, and just make a couple of comments and move on.

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I'm not gonna be so liberal. But

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I will leave some of the matters with you. And I will be assuming that you have read that assignment. So I can build on that and we can talk about something. I'll say we can build on it instead of, you know, using the time just to start from scratch. Okay, so please, every time you need to read you need to read the assignment.

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You need to read the assignment. So for next week, the assignment is the same the first 20 pages Plus, you need to finish the he talks about the first period or the first phase of fifth, which is the life of the prophet SAW Salem.

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So you need to finish until the end of that. And that would be on that copy page.

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It'd be quite a bit this time.

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Let me see.

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That's quite a bit, guys. Okay, so the ones who did not read the first 20 pages will actually have have a double burden today until page 45.

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To page 45, on the copy that's available online, it's the same copy.

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Okay, that talks about the the first phase of the evolution of historical fit. And that's basically the meccan period or the period of the Prophet at the time of the Prophet sallallahu alayhi wasallam. Okay, the ones who read

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Can you tell me what is?

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What's the meaning of work?

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What's the definition of it doesn't have to be specific. By the way, I don't believe in

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a specific kind of definition. If you have a good show a good understanding and your definition, that's enough inshallah, even in the exam, if you have a good definition, and you seem to show good grasp through your definition, that's enough. So it's not a school kind of approach. Yes, please.

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Okay, so it's a deeper understanding of Sharia. Did anyone catch this? a deeper understanding? So it's not any understanding? It's a deeper understanding of Sharia. And by the way, this is the linguistic is an acoustic definition. The technical definition is the second part, the brother said, and Sorry, brother, your name? Mohammed, brother, Mohammed, the second segment of his definition is basically deducing the rulings of Sharia, or the fifth he rulings from the textual evidence, right. Did you think, okay, we'll come to this. Does anyone have another definition of

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there are other definitions that we can use? Yes.

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Okay, the human effort to understand the Quran and the Sunnah to deduce applications from these texts, texts for the application of humans, right? For the for humans.

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Why did you say human effort?

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Because some of it involves, involves thought, effort, for example.

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Some matters are not completely clear. There's some new matters that come up.

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There's a human element in it. The human element is using thought, using thought for someone who's got the tools, someone who's qualified to do HD had, there's a human effort to understand have a deeper understanding of the texts and extract from them, rulings and applications for new matters for new matters. Okay.

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So this is an important kind of differentiation. So

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anyone has a another kind of contribution to the meaning of

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human reasoning, reasoning, reasoning, in the Arabic language today, Arabs call it tough care. Okay. The old Arabs call it thicker and thicker. Okay. So thicker is different. It might be used in folk, but fuck itself is not reasoning. Reading plays a role in fact, but it's not reasoning.

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Do you have another part you wanted to continue? Or was that was it Okay, that was it. Okay.

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Sisters any contribution from the sisters so I prove them not by us to the brothers sisters and the definitions and the contribution

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Salaam sola

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What's the last bit?

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Okay, okay. Let me take it. Exactly, exactly here. Let me let's take the word for okay let's start defining it in the Arabic language for example

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we noticed in the story of Moshe let's see the Arabs use

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for meaning to understand to comprehend to grasp. That's what means the basic meaning of okay the basic need to comprehend understand to grasp

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to understand something that's what it means to the Arabs generally speaking, okay.

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You will find in the Quran for example a Lost Planet Allah to only tells the story of Musa and Elisa masala baja Allah beshara li Sudbury Allah expand my chest where silly Umbria am Emily and facilitate my effort. What little rock with a 10 min Lisa, Annie and untie a knot in my tongue. f karhu. coli so they understand what I say.

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So they understand what I said that's that's using the word fuck if Kahu Kohli because most le Salaam we know that he had an issue with his dunk right? Because when he was a child, his tongue was burnt. His tongue was burned. So when he spoke his speech sometimes was not clear certain letters did not come out clear. So when Allah subhanaw taala commissioned him with the message conveying the message to Pharaoh and his people and to Save the Children of Israel.

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Mossad Islam asanas help, and he said Why should we look at the Tamil Sani and untie this knot? This lack of clarity in my speech? Yes, hopefully so they understand so they comprehend my speech what I say when I tell them

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so here the Quran uses

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you have kahuku refseq

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Allah subhanaw taala also, like he talks about the hypocrites he says, family her all over me.

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Dude if Kahuna had eat, what's wrong with these people?

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They do not have Kahuna, you have life, Kahuna had etha they do not understand any statement. These people cannot comprehend basic statements, simple logic, they cannot comprehend. They cannot understand it, they cannot grasp it.

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Also, we have for example, in Surah

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Hood shuhei when he spoke to his people, his people looked down upon him they weren't aggressive towards him. What do they said? How do we actually I Ebo? Yeah, sure. I man f karhu. Kathy on meta hood, man, if we do not know who we don't understand much of what you say we're not comprehend it. We can't grasp it.

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Can we actually bamana Okay. furon mi Matta. Cool. So this is this shows that filk in Arabic and the usage of the Quran What does it mean? It means understanding comprehension.

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Is it any kind of understanding in a general context? Yes. In a general context, yes. But, but

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when there is some

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comparison, there is some comparison in a special context. It's known from the context. Folk also refer refers to a deeper form of thinking, comprehension, a deeper form of understanding, it actually refers to a high quality understanding in certain context. So what tells you, does it mean general understanding or does it mean high quality understanding, it's the context, it is the context. So flick is also used in the Arabic language. So it's first one basic one is understanding comprehension. Second, usage of the word flip is actually deep, understanding high quality, comprehension and grasp.

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So it's high quality, understanding insight.

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In this it has a little bit to do with wisdom.

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So you might for example,

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No Hadith and understand its basic meaning, you might understand its basic meaning.

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Let's say for the show, for example, has given example images, jewelry, images johari one with Tabby was asked,

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he said, and by the way, like their time, water was as the wish shortage of water like it's not like they didn't have water pipes. In order to get water they needed sometimes to travel for a few kilometres to get the water and come back.

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So water wasn't shortage.

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And when someone had like a bottle like this, the amount of water that's in the bottle like this, for them, that was such a huge thing. And they would make more dough and probably quarter of this quarter of this, the person would make holder and almost a third or a quarter of this. Okay, so imaginary was asked someone had literal water and a dog came and drank from it. We know that when the sentiments that had been put in by a Muslim is a wonderful killer, it killed Buffy and I had a company Excel who said that

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if a dog drinks from your drinking water from your drinking cup,

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we have to wash it seven times one of them with dust or with that, in order for it to be purified. So remember, God was asked and the water becomes impure.

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Now remember, sorry, was asked what if someone has little water? Has this water and doc comes and drinks from it? What should he do? Should they make water with it? Or should they make say, there is no water now? It's water and

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he said no, he makes he makes water with the water. Now so Fianna 30 when he had this fella, he said had a hole.

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He said this is this is deep understanding of the head.

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So they asked him how he said because Allah subhanaw taala when he talks about to install it in Nisa, Allah subhanaw taala says,

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I'm Ted you do man and we did not you did not find if you did not find water. You make tell him he says but this is water regardless, who doesn't call it water, its water. And by the way, this is an issue of disagreement.

00:32:21--> 00:32:30

This is an issue of disagreement among the scholars. So some scholars disagreed with it. Sorry, they said no. Water is not just he makes Telmo but I'm just mentioning the usage of the word

00:32:31--> 00:32:41

Sony ma'am. So first of Jan authority heard or he like someone narrated to him the Federal Reserve he said how the whole this is

00:32:43--> 00:33:02

this is proper, deep understanding. There's not any understanding. So he has a hidden even he knows the hidden aspects of hidden indications of this hadith. Okay, so that's what we call effect. And it's why the Prophet was adamant he made dua and since it Buhari, he may draw for me no adverse What did he say? Can anyone remember the Hadith?

00:33:05--> 00:33:21

Allah who fit the deen of Allah give him in the deen. It's not any knowledge about the deen. It's deeper understanding deeper insight, while motawi and teaching the Tafseer of the Quran, the interpretation of the Quran.

00:33:22--> 00:33:29

So first, and this is why again, the word for as well was used at the time of the prophet SAW Selim, after the Battle of

00:33:31--> 00:34:08

her name, after the Battle of her name. We know the prophet SAW Selim gave for example, habits, habits in Accra, one of the new Muslims at the time, a Bedouin, he gave him 100 camels. Another one 100 camels, he gave the people of Mecca who just recently became Muslims. And he did not give the unsolved much he gave them a hygiene. He did not give them solve much. Some of the unsolved said even actually, what someone said was not from the unsilent seems to be the hoysala he said, have you here Chris Mattoon, Marie, that we have which he said this is some kind of division of the spoils of war, that is not for Allah. There is some other motives in that.

00:34:10--> 00:34:33

He said that the race of customer to adilyn the Prophet Sanam became angry, very angry, and he had about this, but the prophets of Salaam had someone someone from the answer he said, he it came to his attention that some of the answers said something were complaining. So the Prophet Sam came down to the answer, and he said, man, a woman was salani uncom. What is that statement that I heard about you?

00:34:36--> 00:34:39

So the narrative that it says, For all fuqaha

00:34:41--> 00:34:48

so the four kaha. Among the answers, these are the mature ones, the ones who have knowledge and understanding and maturity and wisdom

00:34:49--> 00:34:53

on us harbor right in front of me.

00:34:54--> 00:34:59

The ones with sound opinion among the among us did not say anything, but maybe the smaller ones said something. That's how

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

Written responded to the professor. So the word fake was used to mean what experience in life maturity, knowledge about religion, wisdom, you see, so it's a higher level of understanding and comprehension. So I'm trying to, I'm sharing these things with you. So you have a better a better feel of the meaning of the word for you have a better comprehension and grasp a better taste of the word for what it means when it came through the Arabic language, and we'll see how it evolved. So this is how it's used in the Arabic language. Also, the prophet SAW Selim in the Hadith that I believe I mentioned that last week.

00:35:38--> 00:35:39

The wreath reported from

00:35:40--> 00:35:43

collected by a Buddha award and it's also an advertisement

00:35:47--> 00:35:53

from a better Ansari from the one of the tabbing through the bins habit, he said

00:35:54--> 00:35:56

it profitable seldom said

00:35:57--> 00:36:06

nob Bara la whom Marian semi Amina had eaten, may Allah light the face of someone who hears a statement from me

00:36:07--> 00:36:12

feber level, so he conveys it, like he hears a hadith and he conveys it to others.

00:36:15--> 00:36:30

Follow behalf mili fifth hin lace and beef jerky. So how often someone carries like he carries knowledge. But he's not a forte. He doesn't have proper understanding of it. He doesn't have a deeper understanding of it. He just understands the basic meaning of it

00:36:31--> 00:36:39

behind me thin laser before Okay, how often there is someone who carries filk he carries it because he can he memorized it

00:36:41--> 00:37:08

have a different laser. He's not a he has not grasped it. He doesn't know the deeper meanings of it. The other indications of it. What a loss potential really intense behind it doesn't know this world Beckham in a fifth 1011 who have a woman who and how often someone carries a physical meaning carries. He remembers he memorizes like a hadith or a knowledge to someone who has more understanding and more comprehension of it.

00:37:12--> 00:37:19

The profits are seldom used here about deeper insight, high quality comprehension and understanding.

00:37:21--> 00:37:32

Do you get a good good raw grasp of the word first in Arabic? Like Arabs and like in the sun in Arab? One of the best books about the Arabic language and Arabic lexicon.

00:37:35--> 00:37:51

Like when he defines the word for he says an Arab would say to you if they explained something to then they would ask you FFA calamy FFA. Did you have a look of my column of my words? Did you understand? That's what it means.

00:37:54--> 00:38:08

So like in everyday language, people say you get me you get me right. The Arabs were very eloquent at the time did not say. Now today, Arabs what would they say? for him? 20 of a hint of EMTALA. Yeah.

00:38:09--> 00:38:43

But at the time, they would say the academy it's a very deep, profound, you know, kind of style. But these are the Arabs. So Phil means understanding and comprehension. Now, when Islam came so the Arabs would anyone who understood some kind of science or knowledge or art or, or skill they mastered it was called for the, what's called fapy. That's among the Arabs previously, for the when Islam came. When Islam came, the word

00:38:46--> 00:38:51

was used exclusively for knowledge of the deen knowledge of Islam.

00:38:52--> 00:39:00

So once you say fifth, automatically people understand you're talking about like knowledge of religion of the deen of Islam.

00:39:02--> 00:39:06

So Islam changed the use of the use of the word evolved when Islam came.

00:39:08--> 00:39:25

So first became knowledge of the deen knowledge of Islam. Is it knowledge of like practical issues or applications, no knowledge about everything about Islam, about the Quran, about the Hadith about all we call today about partida.

00:39:26--> 00:39:39

or about to see all of this was called all of this, understanding the issues of intention. And as the scholars say, herbaria nuforce the hidden aspects of the self. All of this was called

00:39:40--> 00:39:42

lucky Ma'am, Sandra Sharia

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

who's a very famous

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

soli and one of the scholars have sold.

00:39:49--> 00:39:59

His is one of his books is a totally other key. He mentioned he talks about Falco and he defines it the beginning and he says that alpha

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

The surgery was among the early Muslims the self the early generations. It meant knowledge of the Book of Allah and the Sunnah of the prophet SAW Selim, and knowledge of the hidden aspects of the self and knowledge about the deen in its entirety. This is what it means. So among the early generations with the professor Salaam, the companions probably the tablet in fifth meant a the Arabic general Arabic use was reduced to use exclusively for a specific meaning which is proper understanding of Islam of the sciences of Islam of the knowledge on the Sunnah and everything that's involved with them. That was the main that was the evolution on on the word

00:40:49--> 00:40:50

something that explains this

00:40:52--> 00:40:54

was a statement from

00:40:56--> 00:40:59

Abdullah and Mr. roat probably 1111 Mr. Road

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

said in a comb fiza man in his speaking to who the companions and it's had been in the confusa man

00:41:14--> 00:41:22

Kathy you're on fuqaha you live in a time Kathy you're on super hot. You have many people have understanding of the dean that many for

00:41:23--> 00:41:31

many fuqaha colleagues on camera Oh, you have very few people who have memorized the Quran.

00:41:32--> 00:41:35

Very few people literally number who memorized the Quran.

00:41:36--> 00:41:44

To layer or fee hero for Quran like the words of the Quran and not so much widely memorized and observed.

00:41:46--> 00:41:52

What fabu who do who, where but the guidance of the Quran is maintained and observed.

00:41:53--> 00:42:21

He's talking about the companions and the greatest among the tabbing. Through Maya Tia comes a man then a time will come. Kathy you're on camera. The ones who have memorized corvara the one have memorized it will be so so many, many people memorize the Quran earlier on fuqaha but the ones who understand that the ones who understand the deen and the religion will be very few, very few.

00:42:22--> 00:42:29

To follow fee you will pour on the words and the letters of the Quran will be memorized and protected.

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

What will be yo who do who, whereas its meanings and its legislations and its guidance will be compromised and lost.

00:42:44--> 00:42:53

So that's what is he he's making a differentiation between memorization, learning something at a basic level, memorizing it, and understanding it.

00:42:55--> 00:43:05

So he calls the ones who memorize or raw, whereas he calls the ones who have proper and deep understanding. He calls them fuqaha. That's the difference.

00:43:06--> 00:43:24

So this shows that at the time of the Prophet Solomon, the companions, the word fuck was meant exclusively for knowledge of Islam. So now the the meaning of the word changed. And now it was sort of a consensus. It means understanding of Islam, understanding deeper understanding. And this is why

00:43:26--> 00:43:28

like, I can't remember the name of one of the tabs.

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

Or even later on, it's back Tabby.

00:43:32--> 00:43:36

Actually, it was Abu hanifa one of the writers of Hadith came to him and he said, you know,

00:43:38--> 00:43:41

you don't have much Hadeeth have much Howdy.

00:43:42--> 00:43:51

So it was challenging Abu hanifa By the way, he thought Mr. La was a very, very, very, very, very, very, very intelligent man. extremely intelligent man.

00:43:52--> 00:43:56

So the man came to you said, you don't have much had it. I have I have I have ideas more than you.

00:43:58--> 00:44:01

She says, You're right, you have more Hadith.

00:44:02--> 00:44:02

But

00:44:05--> 00:44:24

from one Hadith, I can extract so many benefits that you have no clue about, give me one Hadith and I will show you footage from it that you never thought of. They actually give him our hanifa Hadith. And remember, Abu hanifa extract extracted many fucky rulings from that Hadith.

00:44:25--> 00:44:28

And the narrator of the Hadith was like baffled.

00:44:29--> 00:44:30

So he said,

00:44:31--> 00:44:35

I will do the memorization and he will do the explanation.

00:44:36--> 00:45:00

And with that, the deduction for you to do use the and extract rulings from the Hadith. So that shows the meaning of the statement of the prophet SAW Selim how often someone carries Africa. He doesn't understand it, but he takes it to someone who has more understanding of it. That's so that's the time of the professor. So it's not limited. It's not limited to application is not limited.

00:45:00--> 00:45:04

For example, to the etiquettes of Salah, the rulings potentials a lot no no Arpita knowledge,

00:45:06--> 00:45:19

knowledge about patience about generosity about all of these was named Tafseer was called fifth c It was called for all everything about Islam about the Quran and the Sunnah, was called

00:45:22--> 00:45:39

later on, and we'll see this will be towards more towards the omae when the khilafah malviya started, start to grow and like towards the end, the end of it around 150 years after the death of the prophet SAW Selim or after the hedger of the prophet SAW Selim

00:45:40--> 00:45:59

around that stage the word fork became more used the like the the general usage was leaning more towards the what we call today the applications which are the four key rulings that pertain to specific issues the camel and Eliya

00:46:01--> 00:46:07

the practical rulings about what to do Helen haraam okay?

00:46:08--> 00:46:11

Mundo macro,

00:46:12--> 00:46:50

okay, worship, these are the rulings, okay. Fuck became more used to that after that it was more systematically used in that sense until today. So until today. Now, this is the later usage in the history of the Muslim effect. There was specifically one discipline, which we call it today. And we know these as the books or as the books of so you have the books of faith have usually two sections, a bear that acts of worship and miraculous dealings and other transactions. Usually these are this. So the word felt became more technical, became more technical.

00:46:52--> 00:47:28

I want to, quote a statement from Shama, Lashkar. May Allah have mercy on him as a profound word just to show you what the word he talks about the Hadith of the prophets of Salaam, the Hadith from Abu Dhabi wrote about how often someone carries a flip, but he's not a forte. He doesn't understand it doesn't comprehend it. He says this hadith shows that the PA, which was the person who is someone who has insight in matters of the deen inside look at the words insight in matters of the deen, who has a penetrating understanding of the meanings of the texts.

00:47:30--> 00:48:05

Such a person is thus able to arrive at the rulings, benefits and lessons contained in the text. When he explains from a logical experience, the 14th is someone who is more able and more capable to infer the intents of Allah and His Messenger sallallahu Sallam that lie behind the rulings and legislations. There are wisdoms. There are purposes behind legislations. And this is the guy who can understand that it's a puppy who can understand them. Okay.

00:48:08--> 00:48:09

Now in order to explain as well,

00:48:12--> 00:48:17

to clarify what taking from what brother was the law said about? It's a human effort.

00:48:19--> 00:48:28

We need to establish the difference. And I believe Dr. Bill Phillips makes the difference here. He mentions, I believe three or four points the difference between Sharia

00:48:29--> 00:48:44

and Sharia, okay, the points he mentions are good, but they are not enough. So we will add to them, we'll add to them. And by the way, I'm preparing some notes. So it's good. We need to communicate somehow.

00:48:46--> 00:49:03

and preferably online where I can send you some stuff and gets probably your questions. I can send you the notes. I can get your questions, I can update you in certain about certain homeworks. So what would be the best medium? I'm not very good with with all these email with

00:49:04--> 00:49:09

email, all of you put their emails on the on the list, everyone.

00:49:10--> 00:49:10

Okay.

00:49:11--> 00:49:22

So please make sure on the attendance sheet that you put your email so at least we can send you that email the idea, so let's not stop with this take another opinion.

00:49:23--> 00:49:25

I will say lower Do you have

00:49:30--> 00:49:30

slack?

00:49:45--> 00:49:54

The problem is I think a lot of people use the PC or laptop. So a lot of people's use their laptop or desktop. So that could be

00:49:56--> 00:49:57

okay.

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

Okay, that's it.

00:50:00--> 00:50:03

Big strike. I'm not sure everyone is willing to take that step.

00:50:05--> 00:50:14

I would prefer something like this. I personally would prefer something like this, but I'm not sure if some people seem to be puzzled and a little bit scared.

00:50:16--> 00:50:17

Right?

00:50:20--> 00:50:41

Okay, at least for the time being please a light, make sure you write your email on the list. So inshallah I can send the notes to you. And they can update you on anything. And just in case sometimes, like, the class is canceled for an emergency, at least I can notify you. I know some people drive from far so.

00:50:42--> 00:50:54

So at least we need a good communication. So the difference between is good to establish the difference between what we call Sherry And this is very helpful. This kind of understanding is very helpful. The difference between Sherry and Sherry And

00:50:56--> 00:51:00

first of all, Sharia is divine.

00:51:02--> 00:51:13

Sharia is from Allah. Allah Subhana Allah says, for example, in Surat Jeff here, he says from Magellan NACA Allah Sherry atin, Mina Murray.

00:51:15--> 00:51:27

Then we made you upon a Sharia a way as a straight path to follow. Sharia minute on a straight path to follow. So follow it.

00:51:28--> 00:51:51

Stay on it. sherea sherea is from Allah, Cherie as from Allah, divine. Fifth is as well as the law said, human effort. It's a human effort. So what's the difference? Sharia is the principles, the general guidance that you have in the Quran and the Sunnah.

00:51:52--> 00:51:59

And also the ADA is part of Sharia law, or part of Sharia.

00:52:02--> 00:52:18

Law, Sharia is the way of Islam the general way of Islam. And it's contained as principles and general guidance and principles in the Quran and the Sunnah. The Sharia is perfect, infallible.

00:52:20--> 00:52:29

It's, in a sense, innocence. Okay, I'm giving this analogy, although it's not perfect, but it helps us understand it. cheriya is more like a constitution.

00:52:31--> 00:52:35

It's more like a constitution is general principles.

00:52:36--> 00:52:41

It's unquestionable, is from Allah, Allah. Sharia is perfect.

00:52:43--> 00:52:51

is more of the law. Now we moved on to use for the technical sense, right, the technical sense that came later on. So we will use

00:52:52--> 00:53:15

about the exact rulings of worship and dealings that are based on evidence from the Quran and Sunnah. So we use focus now on the technical sense. So sherea is more like the Constitution, whereas fifth is more like the law and the interpretation. So the fic is the human effort

00:53:16--> 00:53:22

to understand the Sharia and see how it applies to specific situations.

00:53:24--> 00:53:24

Is this gray

00:53:26--> 00:53:35

See the difference? So Sharia is divine there's nothing wrong about it. It's perfect infallible is device from Allah. It's unchangeable.

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

Should I doesn't change.

00:53:40--> 00:53:42

But Phil could change.

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

Phil could change.

00:53:47--> 00:53:47

Himachal.

00:53:49--> 00:53:50

Phil could change.

00:53:52--> 00:54:01

For example, the prophets of Allah send them know that someone came to him. And he said, Can I kiss my wife during the days of Ramadan? during the day?

00:54:03--> 00:54:04

The prophet SAW Selim said no.

00:54:07--> 00:54:11

Another man came to the prophet of Islam and he said, Can I kiss my wife during the days of Ramadan? He said, Yes.

00:54:14--> 00:54:39

Somebody asked the professor something like it's one person who said no. And another person who said yes, the professor said, Yes, that one. The one I said no to. He's a young man. So usually young men are less able to control themselves. So he might fall into like having an affair with his wife or relationship with his wife. And that means he gets in trouble because there's a kafala there's an expiation, huge expiation, it's difficult.

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

But the other one is an old man and he seems to be able to control himself. He doesn't he doesn't seem to be so physically powerful, or strong. So he's able to do more able to control himself. So that was the assessment. So the fedwatch changed.

00:54:56--> 00:54:57

The fact what changed

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

things do change based on the circumstances.

00:55:03--> 00:55:11

Sometimes people will blame scores, they say, you know, for example, when satellite channels, you know, began in the 90s.

00:55:12--> 00:55:13

The scholar said, that's how

00:55:15--> 00:55:24

you bring it to your house, you have violated the rights of your family and you will be, that's basically you're risking your, your eternal life in the hellfire.

00:55:25--> 00:55:31

Like, literally, if you read their fatawa today, can you say, now Where? Where did these guys live in?

00:55:32--> 00:55:39

Now what actually they lived in their time, it's a different time. Because when these very early channels,

00:55:40--> 00:55:47

like some of them were a lot of them were evil, some of them were evil, like, only had pornography.

00:55:49--> 00:56:04

And there was a huge violation against like, the culture of the Muslims and the religious efforts of the Muslims. So these things like these channels, displayed content that was in sharp violation of

00:56:05--> 00:56:09

the, you know, the way of life of Muslims and that early time, the very first few years.

00:56:11--> 00:56:17

So some people will making fun of these scholars, you know, look what they talk about, like satellite channels.

00:56:18--> 00:56:41

Yeah, but they were talking to their time. They were talking to their time. But now when things changed, the scholars themselves have satellite channels. They're all on, you know, satellite channels, aren't they? A lot of the satellite channels have a lot of these colors, who used to say it's how long now they appear on satellite channels. Did it change? Well, yes, because the situation changed. So that's,

00:56:43--> 00:57:26

that's fair. That's not all changeable. There are certain things that are fixed. Like, for example, in this Allah, what is like you, for example, the pillars of Salah standing in the Salah, reciting In fact, that doesn't change. And that doesn't change you have to do it changes in certain circumstances when you can't stand up. You can't stand up, okay, you pray while you're seated. That's fine. But generally speaking, there are things that are fixed. And there are things that are changeable. So again, some of the differences, Sharia is complete and perfect. firk is incomplete. It keeps evolving, because it responds to the demands in response to the situations response to new

00:57:26--> 00:57:31

conditions. It gives solutions, like at the time of the Prophet sallallahu sallam.

00:57:33--> 00:57:50

There was no credit cards, so you can't get a headache about credit cards, whether they held on or how long. So the we know what's, how long we know, what's heroin, and surely Riba is heroin. What do they do? In fact, they see what transactions fall under Riba so they say that's how

00:57:52--> 00:57:52

they see what

00:57:54--> 00:58:09

lectrons actions do not fall on the river. And they're okay. They say, Okay, this falls under the hammer. That's the what is the Sharia is Riba as Helen That's it? Because it's an abuse of people's rights and an exploitation.

00:58:11--> 00:58:21

Okay, Sharia is binding, Sharia is binding. You have to, you have to follow the Sharia laws monitor justice is justice, what's

00:58:22--> 00:58:27

wrong? What's ethical is ethical. You have to believe in this, you have to believe in this. But fear

00:58:29--> 00:58:52

is not necessarily binding. Like there's an opinion, and this great scholar, and I respect him and I learned from him, but his opinion is not binding on me. If I see the truth, with another opinion, and I see it more in line with the Shetty and more in line with the text, I follow the other opinion. So this imams opinion is not binding on me, in that sense,

00:58:53--> 00:59:14

is not necessarily binding. But there are things that that hold on, agreed upon that's binding. There are things that are known by necessity, and it's done. There's no dispute about them. It's so obvious, like praying five times a day. That's binding on everyone. There's no one that can't say for another opinion, and other opinion is out of the fold of Islam.

00:59:18--> 00:59:29

Sharia is universal and not bound by time it's timeless. It's not bound by time, Sharia is all the same. And it's some of the prophets are seldom, at these times till the end of time she actually doesn't change.

00:59:30--> 00:59:41

Principles of Islam never changed our creed that doesn't change. The principles effect never changed. It's the same. What's How long is how long was that? It's harder, but is time bound?

00:59:43--> 00:59:50

Is time bound. So, so for example, in Sharia intoxicants are heroin ceria

00:59:52--> 00:59:59

and filk. Is this drink considered to be intoxicants or not? So is it okay this drink is Hello. Hello.

01:00:00--> 01:00:08

That's what focus the reasoning scholars use to implement the principle of Sharia on this specific issue it became for now.

01:00:11--> 01:00:13

Okay, so this is done. And this is actually

01:00:17--> 01:00:18

a very good thing to show that.

01:00:20--> 01:00:34

And I'll close with this. So the homework is read the book to page 45. And I asked you to make a summary. Next time, I will ask some of you to read the summaries, make a summary of like,

01:00:36--> 01:00:45

no more than 10 lines for these 45. So five lines for each 20 pages, five lines for each 20 pages maximum, even if it's bullet points, whatever you're comfortable with.

01:00:53--> 01:01:30

So just understanding the difference between four contrary is very helpful. Because some people approach the fit of their shape, or their teacher or their method as Sharia, the one to to abide by to say that's the truth. You have to follow it. They don't realize there's a difference between Sharia as it is as principles as a general rulings as general guidance as a divine guidance from the last panel data, and the fifth, and which is the reasoning that he had that the scholars have used, through their insight through their work. In order to arrive at these rulings, these rulings are human effort.

01:01:32--> 01:01:36

These rulings are human effort.

01:01:37--> 01:01:39

They're not defined, these are not defined.

01:01:40--> 01:01:57

So we have to understand the difference. It helps us understand that because some people try to push their own understanding of the opinion of their own share. If you violated they say, You violated the Hadeeth. No, but I don't agree with this understanding of the Heidi. I don't agree that this hadith applies there.

01:01:59--> 01:02:03

And there are others clauses that tell you otherwise. And they have very good point here.

01:02:04--> 01:02:17

So and the famous example, which I'll keep bringing up again and again, shala is from the companions of the professor so long after the hospital hunt duck Battle of the trench, the professor Salim said live Sunday and had to communist why

01:02:18--> 01:02:29

no one pray us up, except in Venezuela. Some companions prayed on the way before reaching many horiba. The other one said no, the President said don't pray until you reach 24 I was only going to pray that it was

01:02:31--> 01:02:32

time has passed.

01:02:34--> 01:03:16

None of them blamed the other. The President did not blame any of them. He was okay with both. Why? Because the advice or the statement of the professor was Sharia right? How they understood it and implemented it that was fifth. And fifth, there is space, there is there is space, there is leeway, and enough wiggle room for this kind of differences. So once we understand this, it's easier for us to relate to issues and the length of service. That doesn't mean surely as contradictory. Now, that means a lot left that room for people to reason and find the best solution for the situations. Because if people were to abide by one understanding, it will come to points, which is almost

01:03:16--> 01:03:18

impossible to implement.

01:03:19--> 01:03:47

And this also to keep the room engaged in its own affairs as on situations related, they're always keep aware of their Sharia, Allah gave them and try take it as the source of finding guidance for their life. So they're relevant to the Sharia and the relevant to their times and they still using they're still involved. And they still using the logic and the reasoning and their effort in order to implement the rulings of our last panel just striving for this. And this. This is a means for people to intergender

01:03:48--> 01:04:12

so this is basically today. Questions. I will deal with questions and sala shala later on. With this kind of questions, I hope you can send them to my email address which is enam at Abu hurayrah.org some questions cannot be answered in public because there are specific issues with them. So they need to be explained in private. Barak lofi comm channel next time I'll give more time for questions and more discussions, but this is just the beginning.

01:04:13--> 01:04:15

These are the foundations of logical muscle loss