Maxims of Fiqh #04 – Social Norms

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Navaid Aziz

Channel: Navaid Aziz

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And then hamdu lillahi wa Hornstein who and istockphoto when I was a Billahi min Cerulean fusina woman sejati Anna Lena, Maya de la la modelo de humo de la vida de la or shadow La ilaha illallah wa sallahu wa Mohammed Abu Rasulullah sallallahu alayhi wa ala alihi wa sahbihi wa seldom at the Sleeman kathira ama blood, my dear brothers and sisters, Salaam Alaikum, warahmatullahi wabarakatuh.

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So I want to start off by telling you guys a story from Medina. And this was a day where one of my close friends got sent home from school. And it was such a weird scenario. So I single guys, we had no concept of doing laundry, right? So we were very dependent on getting someone else to do our laundry. So in the early days, when I was in Medina, there was no dry cleaners, you had to do laundry yourself. So I remember the first couple of weeks, it was a challenge trying to figure out, you know, where do you get a washing machine from once you got a washing machine? You know, how do you use this washing machine? Where does the water coming from? What are the different types of

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detergent? Can you mix colored with whites? How does that work? It was all a mission. And I think it became real, probably in like the second week of school. When the close friend of mine, he walks into class, and his job is like shocking pink, like the whole thing is shocking pink. And what happened was the night before it was washing his clothes, he had his white thought and the red Shima or the red head cover that people were over there. He had put it in with his white film thinking you know what, that has white in it. This is a white film, you can watch the two together. Now when it's a cheap shame all the ink comes off very easily. So the clothes dry. And he's like, Oh my god, what

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am I going to do? Because that's the only film he had ready for the next day. It was either that or he comes to school in his pajamas. So he makes he hide. And he's like, you know what, I'm better off coming to school in the pink job than I am in my pajamas. Because it's a walk in with your pajamas, which is like, like a half sleeved job. And it's different colors is considered very, very, like non traditional, and you would get a lot of stairs for doing it. So he comes into school with his pink robe on. And we have someone that comes and takes the attendance in your classroom. So the Moroccan comes and takes the attendance he calls out his name. He's like Moosa harder, and Moses like, you

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know, now I'm harder. And then he looks at Musa like this and he goes back down. And then he looked at did a double take. And is it more so what's wrong with you? Yeah, and Hadley bustin this up like this is, you know, women's clothing, what are you doing, and they go musen is broken English, he's trying to explain to them when October stealing was stolen, oh, that time, like, literally we're learning a live but at that time. So he's trying to explain what happened in the laundry, but then a normal doctor would have nothing to do with it. He sent him home. And he said, Go home, change your clothes, and then come back to class. Now that was his only thought he didn't end up coming back to

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class. But it was a very valuable lesson. And that was societal norms have a huge impact in our lives, in terms of the way that we react to them. So I want you to imagine if someone walked in with a pink job today, it wouldn't be as concerning as it would be maybe like 1520 years ago, right? Nowadays, people are wearing orange, they're wearing pink, they're wearing red, yellow, every, you know, color under the sun, people are wearing it. So nowadays, it doesn't really make a difference. But in the society that does have a cultural norm, where the women are wearing all black and the men are wearing all white, then there is a different, you know, ruling that is in play a different

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understanding that is in play. And that directly ties into our principle today, which is a ladder mahatama, which is a ladder mahakam. Now, when it comes to this principle, there's actually a lot of work that needs to be understood before discussing this, and that's what I sort of want to do in terms of how do we understand this principle, you know, what are the fundamentals that you need to know about it? So, let us start off with the first thing, what are the terms that actually let us start off with what is the necessity of this principle? Why do we need this principle allow them hakama the reason why we need this principle and why it became one of the principles that is agreed

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upon in the [???]tier is because the scholars understood that while the Sharia will stay constant, the fic will change from time to time and place to place. And I want you to understand that properly. The Sharia is always constant the Shetty of Allah subhanho wa Taala will never change. However the fuck that is implemented from the Sharia that will change from place to place and time to time. And how is that done? It's looked at the customs of people now in understanding the [???]ty of Allah subhanho wa Taala one of the great imams of the past. His name was Imam Shafi. He defined it in two lines. He said the whole Sharia is based upon two fundamental understandings, obtaining as

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much good as possible and abstaining from as much harm as possible. This is what the whole Sharia is based upon.

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Now the concept of, you know, attaining God and abstaining from harm, this is going to change from time to time and place to place. And this is this principle allows us to accommodate to that allows us to accommodate to that. Now, how did the scholars of the past discuss this issue? What are the two key phrases that they looked at the two key phrases that they looked at were either and Earth, either, and earth? How do we understand this in the English language, either, is something that a person does ritually, they do it time and time again, the exact same way. And then the earth of a people is not the number of times it is done. But it is the way that it is done. It is the way that

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it is done. So when we talk about the idea of a person, a person wakes up each and every single day at 5:45am. Right? attire eventually comes to they don't even need to put their alarm clock on, they'll naturally wake up at 545. We call this an adder, you would call this a habit in the English language, then the earth is the methodology of doing something the methodology of doing something. So for example, let's talk about what is the methodology of doing something that you don't necessarily require, you know, rules on. So for example, even if we didn't have a sign at the door that says, Take off your shoes, would you walk into the masjid with your shoes on? No, you wouldn't?

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Because it's understood that the methodology of coming to the masjid is that you take your shoes off. Now from an Islamic perspective, are you allowed coming to the machine with your shoes on? Yes, your deposit seldom, in fact, prayed many times with his shoes on in the masjid. Right. So this is a mode of doing things. And these are the two key terms that the scholars of the past looked at. These are the two key terms that the scholars of the past looked at. Now, what's really interesting is that as you study this, and also little filk, you will learn that's the scores of the past treated earth like delene they treated it like a hadith or they treated it like an eye of the Quran and I

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want to share with you, you know, some of the statements of the scholars of the past. So, you have a scholar by the by the name of LBT he said a 32 bit Earth saboten be the lily chalet that that which is established through tradition, it is as if it has been established by a religious text and a circle see from the Hanafi madhhab he says a Sabbath will have a Sabbath will not. So that which has been established to earth it is it is it is as if it has been established through a religious text. So they treat it as if it was a text. So now what's important to understand here is that the Sharia recognizes that there are certain things theoretically that are permissible and impermissible in the

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Quran, and the Sunnah. But then there's the reality of life, then there's the reality of life. So particularly when you're dealing with Muslims, living in a non Muslim society with Muslims living as a minority is a completely different ballgame. And I hope you're realizing this, as you were, you know, going along. So when we were talking about the concept of insurance, we were talking about the concept of student loans, these type of understandings would not apply in a Muslim country, because those sort of hardships aren't present there. And when the hardship becomes prevalent towards the Muslims, then the Sharia comes to accommodate, how does it come to accommodate by accepting societal

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norms? And looking at which, you know, concepts the Sharia is willing to compromise on, versus which things the Sharia will not compromise on versus which things the Sharia will not compromise on? So this is how some of the scholars of the past treated

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the concept of Earth and other Now, is there any reference to either an earth in the Quran? does Allah subhanaw taala refer to either an earth in the Quran? Can any of you think of any yet go one and then to go ahead?

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Right so when Allah subhanaw taala is talking about the treatment of women, he says, Why should ohana build a roof that treats them with my roof? Now, my roof is the object from our effort to know right? When you know when you say out of it means I know something right? and narrow is something that is known. So when something is my roof, it means something that a person feels comfortable with. Now in the context of this verse, it is something that is known to the people in terms of goodness. So how should you be treating your wife, this is something that will vary on two things, the time that you and place that you live in, and also the circumstance that she is used to. So

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those are the ways that you will be treating your wife and it will vary from wife to wife, not all wives will be treated the same, right? Certain wives. They come from humble beginnings. They lived in the humble society. There used to sleeping on a straw mattress on the floor. If you were to give us a straw mattress, she would not be appalled. She is used to it. Another woman. You give her a straw mattress, she's gonna fold it up.

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beating you with it. She's like, you know, I want a king size bed that has duck feathers, you know as the base of it and it has 3000 Springs, and it's made out of Egyptian cotton, right? These are the demands now she's that's what she's used to. And the man is able to provide that, then this is what we're actually gonna build model means, right? So there is that context who may be reading the same, the same words. Okay, so another verse that we will be looking at is when Allah subhana wa tada he says, what mode bill bill of that Allah subhanaw taala. He says, and command with Earth command with Earth and I'm going to get you the exact

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number over here. I had it jotted down.

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I'll have to find it for you, inshallah, it will probably come in the future. But what I want to share with you over here is in this verse, there was a famous scholar of the past by the name of Abu Saud, known for dipsea. He commented on this verse,

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what motivates a bill Jamil Al mustehsan, Bill mnlf. For in the hackery baton minako boldness means it means avoiding the kill. So when Allah subhanho wa Taala, he says, what mode of build off that command with tradition, and you know, cultural norm, and this is what is the most beautiful and righteous of actions, what is the closest to being accepted by human beings without being rejected? So the concept of being accepted and not rejected, and also being beautiful and good, that is what our means over here. This is what or means, over here.

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Now, when Allah subhanaw taala talks about acceptance and rejection, who is acceptance and whose rejection This is referring to?

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Who do you think that applies to? When with the definition that episode is given over here when he says, or over here is that which is good and beautiful, and that which is accepted and not rejected? According to

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society?

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by the community in general. So now, what if the society is completely corrupt? What do them so let's just say alcohol, right? is completely ramping indoors in our society. And in fact, some people treat it as good when you look at the ads that are there for alcohol, they beautified like you have our alcohol, and you're going to be partying for the rest of your life. So then how do we counter that?

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Obviously, we definitely go with what Allah says. But there has to be no, I what I'm trying to draw the parallel over here. Okay, what type of person will go towards what Allah says, that's what we're looking for.

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Muslim, there are Muslims that you know, drink alcohol and perhaps think it is good. So there has to be something even greater than that. Or more sorry, not greater, but general than that.

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Okay, now you're going to specific terms, we're looking for a specific characteristic.

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What is the term that almost I know what's out and his promises to them, referred to as a natural disposition, the fifth or so people who are still in tact with their fitrah and with the scores of the past, they didn't use the term fifth at all, but they used a phobia to selima meaning and nurture.

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an instinct that has not been perverted, right, and into instinct that is still intact. Now, how does a person recognize that then that is closest to what is highlighted and abstaining from harm. That is the Tobia to cinema that is understood. So the concept of Fedora is very, very important. So once the fedora has been perverted, once the Tobia to salema is no longer there, then pretty much the earth is taken out of the window, the earth will not be taken into consideration, but we're going to talk about the rulings on Windows and have actually become accepted when does an oath actually become accepted?

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So now what I want to talk about is a hadith that is scholars of the past used to talk about the concept of earth. And that was a hadith is attributed to the Prophet sallallahu alayhi wa sallam Moroccan Muslim Muna Hassan and for whom Allah He has Sunnah, that whatever the believers viewed as something good, then it is good with Allah subhana wa tada whatever the believers viewed as something good, then it is good with Allah subhana wa Tada. This is not authentically attributed to the Prophet sallallahu alayhi wasallam at all. In fact, IGNOU Jain, who is one of the famous authors of unclouded faqeer he comments on this hadith and he says there's not a single narration that goes

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back to the processor, there's no it's not going back to the Prophet sallallahu alayhi wasallam. So, in fact, who does this statement go back to? If you accepted the snatch, it would go back to Abdullah bin Massoud, it would go back to Abdullah bin Masuda. rhodiola I know but even in those Assad need, there are some weaknesses who did, who narrated from Abdullah bin Masood Azhar, a Buddha theodicy and taba Ronnie and Imam Ahmed loser the four that narrated this as a statement from of the loveliness Oh, these are the four that narrated the statement from Abdullah Abdullah Masood, so that's a hadith that

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attributed to the prophet SAW them, but is not actually accepted is not actually accepted. Now the verse that I was telling you about that verse is inserted out of verse 199. So two out of verse 199. So two out of verse 199. Now I want to draw some focus to my students that just did their

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bluehill muram exam, they just finished the chapter of a minor note. Now for you guys,

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chapter number five, verse 89. Why is that significant?

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blank faces, go ahead.

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Fantastic. Now, how do we tie this in with oath? Go ahead, ready, that was to say the head that it wouldn't be covered. Fantastic. So that's the first part of it. So those people that take an oath out of habit, then those also not take into consideration. But let's move on to the end towards the end of the what part can we say would be part of Earth over there? Yep. depending on the needs of the people, which has to be done first. No, no, no, no go to even further go even further. What type of food and clothing are we giving them?

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Excellent. So the person has to give kuthodaw for breaking their oath, then he has to either free a slave fast for three days, or feed and clothe 10 people feed or clothe 10 people. Now Allah subhanaw taala puts a particular condition over here, what type of food what type of clothing Are you giving them? The clothing which you yourself, have the clothes, the food which you yourself, eat. So now, if you are accustomed to having like steak and lamb every single night, then this is the food you have to give the poor people you can't come and say, you know, here's some falafels for you have a good day. Right? It doesn't work like that Allah subhanaw taala wants you to treat the poor people

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like you treat yourself. So this would be based upon the earth of the people would be based upon the earth of the people. And this is what we would call a secondary proof that the scholars of the past used to talk about the concept of a secondary proof from the Quran that the scholars of the past used for.

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Now, here's another example. When we talk about a duel fitter, what's something exclusive about it'll fit or what something exclusive about it'll filter that we do?

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What about it?

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What needs to be given before? Okay, but what are you supposed to give?

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Okay, but in terms of the product, what are you meant to give?

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food? Food is very general, I understand its food.

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I said the smell No, Mr. Cotton, what type of foods? What are we giving? Great. Now what is this based upon?

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What is the what not what is most needed, but what is most easily accessible? So in Medina, when we're talking about, you know, giving a PSA of dates. That's because what was most readily available now in the country that Canada had, we stipulated that you have to give dates prior to import. However, Muslims have to give there's a capital filter over here, you only want to see Plant D trees.

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Okay, beef.

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Have you if people had to give beef they would go broke, the grief is very expensive. So you have to give that which is easily accessible and acceptable, right? So nowadays, if you give poor people dates, people might not know how to deal with it, if especially you know, as generations are getting further and further away from their homelands, prolonged period of time, they don't know what dates is. So that is why the score is looked at. And they're like, it doesn't have to be dates per se. It can be rice, it can be pasta, it can be other forms of grain, it can be other things that are customarily normal for the people that are customarily normal for the people.

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Now what I want to Sorry, just to keep going back and forth, like I said, it's a very complicated subject. So we're going to be keep going back and forth a bit. Going back to the verse from social neither, we're talking about the cathar of the one that breaks his oath. When you look into the books of Tafseer. How did they describe the food that you are accustomed to? So when you look at what some of them are sitting in said, they said oh, Hobbs will love it. Holmes was summon a hopes were thermal. Right. So these are the foods that they were used to and there was no standard of what that food was right. So they said bread and yogurt bread and

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not fat but like a type of oil, right? Bread and dates. So those are things that they were accustomed to. So this shows that the even in the books of the year, scholars are commenting on this verse, by what they them

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selves are accustomed to by the law and what they themselves are accustomed to.

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What else was I going to share with you?

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Okay.

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Okay, now let's look at another Hadith that talks about this. So this hadith is mentioned in Sahih al Bukhari 5364 so al Bukhari 5364. And this is the Hadith of the Prophet sallallahu alayhi wa sallam that I shadowed the Allah who narrates that a woman came to the Prophet salallahu alaihe salam and she said the rasulillah My husband is very stingy and he doesn't give me what suffices me and my child, is it okay that I take from his wealth without him knowing? Is it okay that I take from his wealth without him knowing the Prophet sallallahu alayhi wa sallam he responded, who the McAfee key were, what are the key bill Morrow, he responded by saying, take that which suffices you

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and your son, Bill Madoff, meaning that which would be acceptable for you. Now, this is a very important Teddy's. Why is this going to be appointed? If someone points out to me? Why is this a very significant Teddy's tying this in into something becoming hot on and becoming temporarily permissible? Yep. Go ahead first.

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Because taking without knowledge is a form of stealing. Excellent. Yeah. The necessity of the child and the mother is

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sometimes takes precedence over

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over the fact that what she did is considered to be fantastic, good. And that's exactly what we're looking at. So the default ruling on taking someone's wealth without their permission, even if it is your husband, even if it is a family member, is that it is impermissible, it is held on right it is not allowed. But here the Prophet sallallahu alayhi wa sallam he tells this woman that take from your husband's wealth, that which will suffice you and your son built out of meaning without being extravagant without being you know, putting him into debt without making him you know, feel as if he's being completely like annihilated and robbed, right? Just take what suffices you so this shows

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us that in circumstances, the concept of Earth plays a very heavy role. So for this woman what was sufficient for her she is allowed to take from this man she's allowed to take for this man. Now let us look at what Mr. manoli Rahim Allah said about this hadith at the model orfila morality later Sophie had added on surely that this Hadith, Mr. Manohar mala he comments on and he says this hadith is a clear indication that in those situations where the Shetty I did not specify something, then the audit of the people takes precedence. So in those situations that the Shetty I did not specify something, the off of the people takes precedence, the offer of the people takes precedence.

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Okay, and that's fine.

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Now,

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when we talk about the Sunnah of the Prophet sallallahu alayhi wa sallam, we said the Sunnah of the Prophet sallallahu alayhi wa sallam is of three types, who remembers the three types of sin of the process?

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So how do we define the Sunnah of the Prophet Solomon is three things so statements, actions, will be approved off with the clear, this concept of the clear how did it become a student of the Prophet sallallahu alayhi wa sallam? And what role does it play? So mama shout to him Allah, He comments on the career of the Prophet sallallahu alayhi wa sallam, and he says, the whole concept of Earth comes from the doctor of the Prophet sallallahu alayhi wasallam. How so? The fact that the the people that accepted Islam in Makkah, deposit seldom looked at their clothing before and after Islam. And he stayed silent on the way that he dressed. He looked at the way that they spoke. And he did not

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comment on the way that they spoke, he looked at the food that they ate, and he didn't comment on the food that they ate, except if it was slaughtered in other than the name of Allah subhanaw taala. Right. So here the concept of nuclear ties into the topic of Earth, because Islam did not come to change people's lifestyles or their habits, right? Islam came to embrace it, as long as it didn't oppose the [???]tier. And that's something that's very important to understand that particularly when we're going to start looking at the concept of entertainment in Islam, when we're going to look at rules of engagement in war, when we're going to look at, you know, rules of marriage, such as

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polygamy. Islam did not come to make that which was known and abolish it, but rather, Islam came to restrict the harmful elements of it.

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So for example, when we talk about war, war is a human entity that has existed and will exist till the end of time. So what did Islam come to do? It came with rules of engagement, that you can't harm women, you can't harm children, you can't burn down trees, you can't hurt priests and rabbis, non civilians and combatants. You can't non combatants, you can't attack them. These are rules of engagement. You look at polygamy before Islam, a man could have 100 wives, and he was not responsible to take care of them. But once it's done Cain for each and every wife that you have, you're obliged to provide them with food, clothing, shelter, emotional support, psychological

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support, every type of support that she needs, a man is responsible to provide it, and is only allowed varying for now. Right? And you look at each and everything Islam did not come to abolish, it came to restrict, and refrain from that which is harmful. Now, particularly when we're going to be talking about entertainment. inshallah, Allah gives this topic by the by the end of tonight, it's very important that we understand that Islam did not come to abolish that which is socially acceptable. It just came to give guidelines, it just came to give guidelines.

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Now.

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Okay, we will skip this part. And let's go over here. Now, when does an order actually become established and considered in the [???]tier? Meaning, what do we have to look at in order for an order to be established, so we're in a country like Saudi Arabia, going back to the example that I gave, it's a it was a well established rule that the men will wear white and the woman were were will wear black, right, this is a pretty well established rule. Now in a society like Saudi Arabia, because it is so closed off or it was so closed off from outside influence, they were able to retain the concept of Earth, but the more outside influences came, the more people migrated there, the more

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different cultures coming into play, then the less that off will stay, but rather the the earth will become, you know, a melting pot of different cultures. So, when the [???]tier talks about Earth and other what are the guidelines that it gives, in order for an off to be established. So the first thing it mentions on the corner, the other hour of volleyball, that this action or this methodology of doing something, it has to be the predominant way that people will do something, it will be the predominant way that people will do something. So, let us look at what is the predominant way that people do something. And it is implied that, you know, this is the social norm of doing something.

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So let us look at something like a car rental, right? With a car rental, even though they may not specify it. Actually, that changed. Now, that doesn't work. So difficult. Like once you don't have social norms. It's like every, it's very difficult to explain the concept of either. But I want to think of an example of like a business contract, or the way that you would treat one another. Can you guys think of something? What is a way of doing something that is implied in is not specified?

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So yeah, okay, in business contracts. So now, the default ruling, this is the, to the best of my understanding, and you guys can correct me if I'm wrong, is that when you purchase something, there is an understanding that if the package is not open, and you still have the receipt, you can return that product, right? Even if you keep it for like a week, up to like 30 days, most of the times, as long as the package is not open, and you have the receipt, you can return that, will the person Tell that to you every time you make a purchase? No, not necessarily, right? It's just an it's like an unknown rule. So this is like an example of an off of the people that if the package is closed, and

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you still have the receipt, then you can return it. And now you see that even this order is changing, you take an example of Costco, Costco gives you like up to 90 days, and you don't even need the receipt anymore, right? As long as it can be proven that this is a Costco product. And even if you've opened up the package, you can still return it. So that element of Earth is changing. So it has to be something that is widespread, and is not just implemented in one locality, right. So this earth, it has to be wide spread. That is the first thing number two is that this earth should not have been abrogated by an other off. So this way of doing something should not have been

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abrogated by something else. So an example of this, that I thought of is smoking outside of buildings. So we're not we're not talking about the the ruling on smoking. We're saying for the class for this class, that it is how long but if you go back 20 years ago, you could pretty much smoke anywhere on the street now. Now there is an undefined rule that you have to be be 7010 meters away from the front doors of buildings 7010 meters away from the doors of the building, so that old or if that existed, it has now been replaced by an other off that if someone wants to smell they have

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To be 7010 meters away. Another example. And this probably goes back to the first one, if anyone has a pet, and they're walking that pet, and if that pet has to go to the bathroom, there's no like code of conduct that you're given on how to take care of a pet, you're just expected that if your animal does something, you're meant to clean it up, right. So, that is a code of conduct that is understood. So, the second condition is that it should not have been replaced by another have to not have been replaced by another off

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condition number three is that this earth should not no go against an explicit text this earth should not go on to say against an explicit explicit text eliaquim fill Earth Atilla tablets, only ask them caught a fish area. So this earth should not go against a religious text or a established principle. So a religious text or an established principle or an established principle,

00:30:59--> 00:31:12

okay. And then this has a part A to it. So if you want to say a sub principle to it, and that is, particularly in contracts,

00:31:14--> 00:31:43

there should not be in the order of something that opposes the contract. So the general ruling when it comes to contracts, all contracts in Islam are permissible, up until proven otherwise, you can put in your contracts, any condition that you like. So now let me give you an example. I come to fatty and fat, he says, You know what? I want to rent this bottle of water from you. So I say Fatty, I will rent this bottle of water from you on the condition that you don't drink from it.

00:31:44--> 00:32:22

Okay, do you see something problematic? that the reason why fatty is digging this water is good. He wants to he wants to use the water, right. And if I tell fatty he can't use the water, it goes against, you know, the the essence of the contract. Even more clear, you go to a car rental place, he says I'll rent you the car on the condition you can't drive the car. Right? You do that contract? Even though technically, it may make sense. But in terms of what you're wanting from that contract, it doesn't make sense. Now, how about we take it even a step further. A wife gets married to a husband, and she says I will marry you on the condition that we don't consummate the marriage.

00:32:23--> 00:32:57

Right? This marriage? How does it meet the conditions of was there a job and COBOL were there witnesses was the one either Yes, all those elements must have might have might have been there, but this condition goes against one of the objectives of the contract. So with this principle stays here, and now you have the three pillars. So this earth should not go against a greater objective that is trying to obtain. So the orphan it has to retain this concept of maximizing benefit and minimizing harm, it has to attain, maximizing benefit and

00:32:58--> 00:33:42

minimizing harm. Now, the scholars of the past divided off into two categories. And these are quite simplistic to understand, but I'm sharing them with you. So what they called an earth Luckily, an earth pony. So that which is habitual in terms of statements. So for example, in Islam, when a man and a woman are getting married, you know, the Wali will say to the man, I am married to my daughter on the teachings of the Quran and the Sunnah Do you accept, and the man will say, a belt I have accepted. So now I want you to think about the same statement a man comes here we have someone that's getting married. This is the one he This is the future husband, the one he says to the future

00:33:42--> 00:33:54

husband, I will marry you, my, my daughter on the teachings of the Quran and the Sunnah Do you accept? And he replies by saying, Yeah, that's cool. Is this marriage valid?

00:33:55--> 00:34:02

The possible, possibly, Why yes. And why No? Okay. Possibly, because you did not give a

00:34:03--> 00:34:08

definite answer of Yes. Yeah. That's cool. When he changes his mind.

00:34:09--> 00:34:47

Okay, so what I'm looking for is what is the principal would be using to see if this answer is acceptable or not? Yes, it is cool. If that's the way people respond that particular exactly Well, not even just that it not is it is just the prevalent way of responding. But the term Yeah, it's cool. Is this a form of acceptance? When I say yeah, it's cool. Does that mean I accept what you're saying? Right? So if it is socially acceptable across all of Canada, that when someone says, Yeah, it's cool that I am accepting what you're saying, then yes, that contract would be valid. Whereas if a person wants to go to Saudi Arabia, and a person says, Yeah, that's cool. You know, that might not

00:34:47--> 00:35:00

work because that concept doesn't exist over there. So this is like societal norm. This is like societal norm. So this would be a lot of alcone. Then they have a second concept which is the opposite of Alemany. You know, the

00:35:00--> 00:35:06

According to the customs of the people, or the way that they do things, so for example,

00:35:07--> 00:35:45

a lot of family in Pakistani culture is that when a marriage takes place, there's a huge number of celebrations. Right? You will have the the hen party for the girl, then you have all the celebrations that take place with the guy, they steal his shoes, they auction off his shoes, then, you know, there's like the whole, we have to feed him ladoo she has to she has to be fed ladoo and a whole bunch of stuff that happens. What is the Shetty I say about that? Right? In a Pakistani tradition, if you don't do those sorts of things, it feels as if the marriage is deficient. Right? The Shetty I did not can come to prohibit those things, unless there's a reason to prove otherwise.

00:35:45--> 00:36:24

Right. But those sort of things. If it's not done, it will be considered deficient, right. So this will be considered, or family within the Pakistani tradition of how marriages take place. And each tradition and each culture will have their own format of doing marriages will be their own format of doing marriages. So now understand that this concept that Islam came to restrict and not to prohibit per se. So the prohibition it has to be very, very explicit. So what are traditions when it comes to marriage, that islamically wouldn't be acceptable? Can you guys think of something that islamically wouldn't be acceptable? Drinking alcohol? That's very clear. hamdulillah drinking alcohol would not

00:36:24--> 00:36:25

be allowed Najib.

00:36:27--> 00:36:32

Okay, so complete free mixing of men and women that islamically would not be allowed as well. Yes.

00:36:34--> 00:36:37

You know, what Habibi, what culture does that.

00:36:39--> 00:36:41

kidnap the bride, not a real kidnap

00:36:44--> 00:36:47

a vice documentary type? So yeah, that's sort of culture.

00:36:49--> 00:37:33

I'm not going to comment on that. But yes, the people should not be kidnapped, that was presumed hopefully, now I'm talking more things like that are not clear cut. So how about wearing a ring for engagement and rink for marriage? Right? How about the girl wearing a white dress? Would those sort of things be allowed in the [???]tier? What would we look at? And how would we define the Shabbat bill Cofer or assimilation with disbelievers? And this is something that has been, you know, when you look at a spectrum of very conservative Muslims, very, very liberal Muslims, on these sort of issues, they're on the exact opposite ends of the spectrum. They're like, we look at the origin of

00:37:33--> 00:38:08

these traditions, were they found within the Muslim world? Or were they found within the non Muslim world, if they were found within the non Muslim world that will not accept them? Then the liberal side, they will respond to this by saying, We don't look at where these traditions came from. But rather we look at is there anything being harmed in the city? Is it replacing a Sunnah of the Prophet salallahu alayhi wasallam. Now, both of these arguments have some validity to them. But there's always that middle ground that needs to be found in between. So in these sort of issues, there are certain guidelines to the position I'm came with, and that the idea that it can't be

00:38:08--> 00:38:38

replaced. Now, what's important to understand is that the fact that the city didn't give specific guidelines on how a groom needs to dress or how a bride needs to dress on the day of her wedding, shows that the Shetty is very flexible. And when it comes to the, you know, the the cultural habits, the Sherry has very flexible. So the issue of the rink, per se, I would say that is more problematic than the dress. Why is that more problematic than the dress? You want to answer that? Go ahead. I was

00:38:39--> 00:38:46

like, Yes. short introduction. This was how long the Christians to say, it was

00:38:48--> 00:38:54

the Father, the Son, oh, we go, yeah, we're together. And they used to actually put it on the finger. Correct. He said,

00:38:56--> 00:39:20

I don't know what the pagan was. But I know about the Christian was for sure. So the concept of putting the ring on this finger is, you know, completely based upon that the Father, Son, and the Holy Ghost and four together forever is based upon that. So now, is that still Understood? Nowadays, when you see someone have a ring on their finger? Do you understand from this that this is a Christian person that's married? Or do you understand from it, that this person is just married and taken?

00:39:21--> 00:39:48

More than likely, it's the second more than likely, it's the second so the Christian roots are completely lost. So it's a gray area. And I would say, you know, in this sort of situations, it's probably better to stay away from it. But the odds of it being founded in Christianity and stay in Christianity is becoming lost. It's like a muddled area. Now in terms of the white dress. Even within Christianity, the reason why that white dress was there was not symbolic of

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

a creed that they possess, but rather to symbolize that this woman was pure that she wore white to symbolize purity. Now, taking a ritual like that, it's

00:40:00--> 00:40:15

to symbolize purity, this is something that can be taken or rejected. So the wearing of a white dress is not as problematic as long as it fits within the boundaries of the Sharia is as long as it's within the boundaries of the shirt. I mean, that shouldn't be tight. It shouldn't be see through, and so on and so forth.

00:40:18--> 00:40:56

How do we decide? What is Earth, Amelie? And what is Earth? Cody? So one of the debates, one of the principles that the scholars mentioned over here is that in terms of Earth, golly, the first meaning that comes to mind, then that is what the office so when someone says, Yeah, cool, the first thing that does come to mind is that this person has accepted it right? It's not that he's feeling cold at that time, and he stopped the sentence. Right, that is, the first thing that comes to mind is that it has been accepted. And same way in terms of the earth family, if I was to tell Fadi or Monique to do something, what naturally comes to their mind in terms of the methodology of doing something,

00:40:56--> 00:41:39

then that is what the earth is, that is what they offer. So that is the debate that they gave for it, that is the debate that they gave for it. Then the second categorization that they give for or is or, and or facet, meaning the order that is acceptable, and the order that is not acceptable. So for all, they said, this is the earth that has benefits to it, and does not oppose the text of the [???]tier. So all so here is earth that has benefit in it, and does not oppose a text of the [???]tier or facet, it either opposes a text from the [???]tier, or ties some sort of harm in it. So either it opposes the text from the [???]tier, or ties some sort of harm in it.

00:41:42--> 00:41:50

Now, we want to start looking at quite a few times where the Cydia take into consideration. So for example,

00:41:51--> 00:42:31

if a woman has an inconsistent menstrual cycle, how is she going to decide when to pray? And when to stop praying? What is the what is it going to be based upon? So the scores of the past he said that this is going to be based upon what her regular cycle is. And if she doesn't have a regular cycle, than the regular cycle of women her age in her locality. So for some woman, it may be three days, five days, seven days, nine days, 11 days, whatever the commonality is for her, if there's no commonality for her than women, her age and her locality. This is when all is taken into consideration. This is when all is taken into consideration. Likewise,

00:42:32--> 00:42:47

when they were talking about which actions break Salah for those of you that remember pickup Salah Do you guys remember what we said? Which actions would render a person salon null and void? What did we say the principle was to define that? You guys remember?

00:42:49--> 00:42:53

Actually, if you're trying to pick up someone with a booster, or the pickup selector, the answer is the same. Go ahead.

00:42:57--> 00:43:01

Okay, now you're looking at something specific. I'm talking what is the general principle?

00:43:03--> 00:43:37

contestant what is laughing? not laughing? But the people would see you and you do some action of the thing you're praying, it's fine. Otherwise, you're not training? Exactly. So that would be considered fashio. So a person is doing something, and it's like, Whoa, they can push this surprised? How is this person doing it in the salon? So the person if the person sees you and can still safely assume that you insula, then this is not considered fashio? Everybody, if a person sees you, and they're like, shocked, they're like, Well, why is this person doing this insula, then that is an action that would break your Salah, regardless of how many times you did it. So something

00:43:37--> 00:44:13

simple, someone like text, something like texting someone like talking on the phone, these are actions defined, doesn't matter how many times you do it, it's clearly understood that a person will not be in a state of Salah, but, and can do those things. Worse, for example, a person starts scratching his nose in Salah, it doesn't really matter how many times he scratches, if his hands are like this, and his head is down and he's going like this, he could keep scratching pretty much the whole salah and people will still think that this person is insula, right? So what is that based upon what his face versus non face is purely based upon social norms, some things will be fast in

00:44:13--> 00:44:19

some cultures, some things won't be fast in other cultures, right. So that was again, something that was based upon of

00:44:21--> 00:44:39

now what I want to look at now, what are things that are inherently Haram, but due to the needs of the people became permissible, and we're looking at contracts over here. So we're going to take two types of business contracts right now, they are set up and they are this this now. So beer setup and bear this this now.

00:44:40--> 00:44:48

This this knot is translated as manufacturing. Beer setup is the opposite of manufacturing.

00:44:49--> 00:44:59

In our study, similar to manufacturing, but in terms of it's not being manufactured, it's coming into existence. So I'll give you an example of this. are in Islam Are we allowed something that you don't possess

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

Islam Are we allowed selling stuff that we do not possess. The default rule is that you're not allowed selling stuff that you do not possess. The prophets are set on when he was in Medina, he had Date Farmers there. And the way the Date Farmers used to make their money was on contracts. So the Date Farmers have about 300 day palm trees. And in order for him to make his living, he can just survive on one year's of sale and have enough money to re harvest his dates. So be a seller, what that stated was that you are allowed making a contract. And again, I'll give you an example over here, I have a date farm fatties coming to buy dates from me. And Fadi says, I will buy 300

00:45:41--> 00:46:21

kilograms of dates from you, every single year for five years on this set price that we agree about today. So fatty gives me the money. But he only takes the dates when they come into existence. So this is something which is inherently how long, you're not allowed selling what you don't have. But the Prophet sallallahu alayhi wa sallam made exception for this due to the need that the farmers have due to the need that the farmers have. This is called a big seller, you're allowed to sell something which you do not possess as of yet, on the condition, you set the price, and the money is put forth. And it is more than likely you will be able to provide this, right. So if I don't have a

00:46:21--> 00:46:55

date form, I can come up to Fadi and say, hey, I want to sell you 300 kilograms of dates for five years. And I'll figure out a way to get you 300 kilograms of dates every year, I have to have the date form, because it has to be more than likely that I will be able to provide the service for you. Now the same thing on this, this now, it's this nice manufacturing. So for example, someone wants to buy a house in a particular way. So they go to a construction company, the house doesn't exist, the construction company can sell you the house, but a construction company tells you, you know, I will come up with the design that you want, I will use the furnishings that you want, give me the money

00:46:55--> 00:47:26

in advance. And I'll provide the service to you within the span of six months. So the construction company is paid in advance for the house that they're selling, even though the house does not come into existence. So you're selling something that you don't own. But due to the necessity that exists, because if housing company started building houses, and then started looking for buyers, there'd be a loss. They can't be dependent on just be selling houses, what if there's no buyers at that time? So the shediac came to accommodate for that came to accommodate for that.

00:47:27--> 00:48:12

A second type of contract what we call beta, alpha, beta alpha. And this is like the trustworthy sale. Why is it called the trustworthy sale? Because this is a sale that takes place for someone that is completely desperate is someone that is completely desperate. So for example, muneeb comes up to me and he says, Look, navaid I'm really desperate right now I need some money. But I don't want to borrow money. However, I have something that is very prized to me. And I want to do bear with you. How does this Bianca work? Monique has his water bottle, and he says, Look, he has this water bottle. And I said we need for this water bottle, I'll buy it off of you. It is what was gonna

00:48:12--> 00:48:53

be very cheap. Let's think of something more expensive. The phone, okay, so imagine I have a phone. So I know it's okay, I don't want you. So when he buys this phone, and I tell him money that you know what, I'll buy this phone off of you for $500. And when you're done using the $500, give me back the product. And I'll give you the $500 back. So there's a sale taking place. But it is understood that it's more like collateral. That's why it's called a trustworthy sale. It's called bewafa. Now, this wasn't unanimously agreed upon there was some overlap, but the jumhooree allowed it. They said in this sort of situation where collateral is being given in the form of a seal. This

00:48:53--> 00:49:30

is something permissible, this is something permissible. So he makes the sale to me and says I'm selling it to you in the condition that you don't sell it to anyone else. And when I take my money back, I get the exact same amount. So there's no fluctuation in the price, I give it back to him. So this is something that would be inherently permissible to restrict someone who they can sell to and who they cannot sell to and to tell someone that I will buy this back from you. This is against them that would not be permissible, but due to the need that people had to prevent them from taking debt, then this is something that the Sharia allow, this is something that the Sharia allowed. Now let's

00:49:30--> 00:49:40

look at something from the time of honorable Khattab rajala one, so I shout out the Allahu Allah. She says it's al Bukhari and I will find the reference for you.

00:49:45--> 00:49:46

And she Where did it go?

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

Okay,

00:50:02--> 00:50:39

I'd love to find the reference for you, but I'll tell you the story anyways. So, the prophets of Allah, why do cinnaminson and epidote He states that do not prevent the female slaves of Allah subhanho wa Taala from attending the masjid right clear statement of the Prophet sallallahu alayhi wa sallam, and this remain consistent and the time of departure Salaam and in the time of Abu Bakr, radi Allahu anhu. But during the time of Omar Abdullah, I know he prohibited the women from going to the masjid. And I shout out the Allah Juana. She comments on this, and this is what his insights to help body I'd love to find a reference for you later on in sha Allah, but I shall, Adela Juana. She

00:50:39--> 00:50:59

says, If the Prophet sallallahu alayhi wa sallam saw what the women of today were doing, he even would have prevented the woman from this, he would have even prevented the one from going to the masjid. So this shows us how you have one particular ruling during the time of the Prophet sallallahu sallam, and then even just a short period of time, how much period of time are we talking about

00:51:00--> 00:51:24

two and a half years, right and almost khilafah lasted for about 12 years. So let's just say even if you want to take it at the very end of the khilafah of Omar, let's just say about 14 years, not even 14 years. And this ruling is changing, that Omar Abdullah, who I know is preventing the women from going to the masjid is already the one from going to the masjid. So this shows us that even during the time of the qualifier, there was this concept of

00:51:25--> 00:52:16

you know, a fatwa taking place due to the situation of the people. Now, there are a lot of sub principles that come under this main principle, but what I want to share with you, as the source of our discussion, is this principle, now you can be the hero as Mina was, um, keener was one, that it is not permissible to reject the changing of a ruling, with the changing of the time, the place or the situation, it is not permissible to reject the changing of a ruling with the changing of the time, the place or the situation. And this is what I want to share with you. Now, this principle shows us the flexibility of the Sharia. And the reason why I want to bring this up today is because

00:52:16--> 00:52:30

we live in a day and age where people say Islam needs reform. How do we respond to that? Someone comes into you and says your religion is backwards, it needs reform? How are you going to respond to this? Bring it

00:52:33--> 00:52:42

your backwards? When you have a half hand up? How are you going to respond to this? Someone comes and tells you your religion needs reform? What are you going to say to them?

00:52:44--> 00:52:49

Lots of times religion, culture gets mixed up. Sorry, you ask them which parts

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

of the culture

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

gets mixed.

00:52:55--> 00:52:58

People thinking that we can't drive, and they

00:53:01--> 00:53:02

prefer to think companies

00:53:03--> 00:53:10

and say see better a positive sum investment plan? And is that the best way to go about it?

00:53:11--> 00:53:27

What I do want to do where I want to take this discussion is from the Schulich perspective, so you've gotten into cultural versus religion. And I think that's a great second point. It's not a great first point, what is the starting point that you want to start with? Go ahead. What is the first one you see?

00:53:28--> 00:53:31

Here usually comes from the west, but the worst

00:53:32--> 00:53:50

is happening in the East now as well. Just today, I was listening to a Kuwaiti lady, she was saying that there's no place for the Koran in the Kuwait constitution. Right. So there's constant reforms taking place in the east as well. We can ask like, well, what is it that priests will vote for? Because it's obvious that

00:53:51--> 00:54:04

lack of knowledge from the person that's asking us for to vote? So maybe we could answer that? No. All right. So you're going along the same lines over here? What I want to point out is this every question deserves an answer.

00:54:05--> 00:54:16

Every question doesn't deserve an answer. And when you answer the question, you sort of validated that question as well. So now looking at this question, does Islam need reform? Show to me the fallacy in the question.

00:54:18--> 00:54:32

Go ahead and say my answer because it's Allah God who created me and the rules and regulation scheme for him, so he knows what is best for me. So I'm just pulling the base.

00:54:33--> 00:54:41

Okay, so again, your answer is valid, but it doesn't answer. Where's the policy in the question? What was the form requested to begin with?

00:54:42--> 00:54:46

Don't try to get it like, no. So there's a fallacy in the question.

00:54:48--> 00:54:52

Yes, what is that policy is that Islam is a religion that

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

that gets updated throughout time. Exactly. So the policy that's being stated over here is that you can reform

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

Something that is static, you cannot reform something that is dynamic. How do you understand this? What is the shape of water? Does water have a shape? No, you put it in the bottle, it will become the bottle, you put it in a carrier canister, it becomes a canister. That is what fill is like. So when you when you claim that Islam needs reform, this is not a problem with Islam is a problem in your understanding. It is a problem in the understanding and thinking that Islam is static and not dynamic, that the rules of Islam stay the same all throughout the time. But no, that's not the case. Islam takes into consideration, time and place, time and place. Now, I was thinking really, really

00:55:41--> 00:56:27

hard. Do I want to bring this discussion up or not? due to how controversial it is? But I thought to myself, if we don't create controversy, people don't learn? You agree? Okay. Now, what I want to mention over here, we're having this discussion not for the sake of coming up with a definite ruling, we're having this discussion in trying to understand where the spectrum of filk comes from, and what role does culture play? Okay, so now the issue I want to look at, is the issue of shaking hands with the opposite gender. Okay, the issue of shaking hands with the opposite gender. I believe for the vast majority of people in the room, when we talk about shaking hands with the opposite

00:56:27--> 00:57:11

gender, it is a big no no, that we will not shake hands with the opposite gender. And I agree with this. For the most part, this is the case and this is the scenario. And this is the situation. Now, those scholars that have said that it is permissible to shake hands with the opposite gender, like Shaykh, Yusuf Al qaradawi, like Sheikh Abdullah bin Bayer, like other scholars, as well, what are they looking at? That's different from our understanding, and that's the journey that I want to take you through. So the first thing we want to look at is is the interaction between men and women something that is the aboudi or something that is arfi meaning is it something that we worship Allah

00:57:11--> 00:57:49

subhanaw taala with? Or is it something that is based on cultural and societal norms? And then understand why am I asking this question? So I would say the answer to this, it is Orpheus, right? The reason why I'm asking this question is it to avoid the or or fee, because who is the burden of proof upon the burden of proof is upon the person that says it is doubled? He says, if it is worship, then we have to prove that it is halaal, rather than proving it is haraam, right? The person that says it is our fee, the default ruling it is is halaal, then you have to prove with certainty that it is haraam. So do you understand where this is going now? So that's the default

00:57:49--> 00:58:30

dueling lines. The next step you want to look at is now that we've said it's roughly what are the proofs that we bring forward in order to show that it is how long? What are the proofs that we bring forward in order to show that it is hard on Firstly, we look at the ayat of the Quran. You have the verse in sort of a slot where Allah subhana wa Tada. He says, Why not talk about Xena that do not come close to Xena, right? So anything that leads to Xena will become impermissible wouldn't have itself. Then we have the Hadith of the Prophet sallallahu alayhi wa sallam as reported about double Ronnie that it is better for a man to be stabbed in the head with an iron rod than to touch a woman

00:58:30--> 00:59:15

that is not haram to him. Then we have the hadith of Isola della Juana found in a 10 million in Abu Dhabi wrote that the Prophet sallallahu alayhi wa sallam, when he took Bayer, he did not shake the hands of the women, even when he took Bayer. So monumental events like taking the oath of allegiance, even then he did not shake the hands of women. So now when we look at these proofs, these are the proofs that are being used in order to say that shaking hands with the opposite gender is permissible. So now, let us look at one last Takara buzina that do not come close to Xena. Is this an explicit proof or an implicit proof? It is implicit Why is it implicit? Because in this

00:59:15--> 00:59:41

verse, it does not say do not touch it does not say do not look at it says do not come close to Xena. So things that bring people close to Xena that is what is going to be considered Haram. So now what is the Sharia do in these sort of situations? How many people attended the halaqa eliakim, who now used to be shocked. The certainty is not voted by doubt. who attended that halaqa here.

00:59:42--> 00:59:50

Muhammad, you're in trouble and you're in trouble as well. So now my question for both of you is we talked about four levels of certainty. Do you guys remember them?

00:59:52--> 00:59:55

schuck fantastic. Yes. Sorry.

00:59:57--> 00:59:58

As Alberto Vaughn okay

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

and

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

What is certainty in Arabic?

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

Yaki? Okay, and do you remember what the last one was?

01:00:07--> 01:00:45

No, one one was the last one. So when the Sharia looks at something, it bases rulings on either yaqeen or Alberto done so either based upon certainty or either based upon that it will more than likely happen. Okay. So now in the hypothetical case scenario, if a man and a woman were to shake hands, without any intimate desire without there being any, you know, preconceived relationship, where is Xena going to fall into play, something that is certainly going to happen, something that will more than likely happen, something that might happen, or something that more than likely won't happen.

01:00:47--> 01:01:25

More than likely won't have to justify the shaking of the hands more than likely it won't happen. So this is their first counter argument. Now we move on to the Hadith, the hadith of in October, Ronnie that she called him Allah, He said it is authentic. Even Haji Rahim Allah said it is authentic. And some of the more recently scholar said it is authentic. But if you look at the commentary of the older scholars, the likes of yahi of nine, Ali Abdullah Medina ebina be Hatem. All of these scholars said that this hadith is weak, that there is an ill and this hadith that makes it deficient. And for the sake of time, I'm not going to go into that Illa. But there's a clear difference of opinion

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between the early scholars of Hadith, and later scholars of Hadith. So those scholars that say, you know what, this Hadeeth is not acceptable. If they're basing it upon true genuine intent, and not malicious. Hey, I don't like the opinions, I'm going to make the heavy tweak, like people did with the hadith of music, you know, then there's a case for them to stand on. Now, the third thing we look at is the third Hadith. And that is the hadith of Isla de la Mancha that the Prophet sallallahu alayhi wa sallam didn't shake hands for women, not even for Bayer. Is this Hadith, a proof witness itself? To show that it is impermissible to shake hands with the opposite gender? No, it's not. So

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why did the Prophet sallallahu alayhi wa sallam not choose not to shake hands with the opposite gender. Scholars have said, this is a matter of personal preference. But I believe that is very weak argument. When you look at what I'll call Rafi and others mentioned, the process of them chose not to shake hands with the opposite gender, because this is what their societal norm was. Their societal norm was that men and women did not have physical interaction with one another. The massage, they didn't have physical barriers, but they still had separate entrances to the masjid. So it shows that there's room to be together in the same room. But with guidelines, there has to be

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that Tobia. And then in terms of shaking hands with the opposite gender, this was the societal norm that the Prophet sallallahu alayhi wa sallam was bringing about now, once the societal norm is established, can it be changed?

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Yes, because you saw the example of honorable katapola della Han. So that was a sizable norm that can be changed. So now, what are the guidelines that are put into place in terms of shaking hands with the opposite gender? Now I want to bring in statements from Chef selasa wishek, who lead this union, she has a body? These are the ones that have had the discussion on. So we agreed that the default ruling is that it is something that should be avoided in terms of shaking hands with the opposite gender. But can it become permissible with conditions and guidelines? If so, what are those conditions and guidelines? The conclusion they came to is yes, it can become permissible. But with

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guidelines, what are those guidelines? Number one is that there should be some sort of fear of loss, or some sort of fear of great offense, right. So either you're going for a job interview, and you can tell right off the bat, that this woman is going to be greatly offended if you don't shake her hand. And therefore that is the great loss that is taking place that my job is potentially online. If I don't shake this woman's hand, how about in terms of great offense, you will find these extremely bigoted people that will say you know what, you're a bigot for not shaking my hand. So there's going to be this great offense that can create a further fitna, if you don't do it. So that

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is the first thing there has to be a greater loss or greater offense. Number two, it is not something that you should initiate it is something that should be initiated by them. So if they initiate it, then you are allowed to respond, but you should not initiate the handshake, you should not initiate the handshake. Number three, is that there should be no previous desire towards this individual. So if there's a desire towards this individual, you genuinely want to touch their skin and touch their hand, step back right there. And then because now you're stepping on to completely haraam territory, right? When there's desire involved, you're not allowed touching the opposite

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gender. Number four, the fourth condition is that to the best of your knowledge, it should not be a continuing relationship. What do I mean by that? That is not going to be

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A colleague of yours or a professor of yours, or a student of yours, because if that is the case, then communication is mandatory that you have to tell them, Look, these are my religious guidelines. And if we're going to continue this relationship, I need you to accept my religious boundaries. So these are the guidelines that they mentioned that it would become permissible. Now, for some people, this may be very shocking for other people, like, Yeah, I do it anyways. Right? It's not that big of a deal. But what I want to show you over here is that any decision that we do decide it should be based upon L and not based upon our desires. It shouldn't be based on something that you know what I

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think it's okay to do. Or you know what, I choose to do this because I like the way it feels. It can't be based upon those reasons. It has to be based upon knowledge. Now, what you see heavily over here is that due to the societal norm of people shaking hands with each other, regardless of their gender, this is something that people do that you meet someone you shake their hand, whereas in countries back home, this is not a societal norm. When a man meets a woman, you might say Salaam Alaikum, but you definitely don't stick your hand out, which is really unfortunate, though, that this culture, even amongst the Muslims, is changing. What's going to become really interesting is

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how the Cydia or the scholars of the [???]ter would respond to how about if it becomes a cultural norm, to give a kiss on the cheek when you meet? And you see, and I'm being serious, you're seeing that already. Like, I'm not I'm talking about work gatherings. Alhamdulillah hasn't reached that you go for a job interview, she gives you a kiss on the cheek and hamdulillah that doesn't happen. But in social gatherings, you know, guys and girls, when they when they get together, the customary thing now is to give a kiss on the cheek, the Sharia would have a very explicit stance towards that, as opposed to the shaking of the hands. Why? Who can tell me why

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Xena excellent that the form of kissing is considered a form of intimacy and of itself was the handshake is not considered a high in an act of intimacy. Like no one says, You know, I should this person and then all of a sudden I feel intimate, the one person starts intimacy with their spouse, they don't start by shaking their hands. Right. That's not the way it works. So that is where the Shetty I would bring that guideline. So I hope that made sense. Is that clear? So we're not saying halal and haram. But I want to show you the scope of the scholars and how they looked at these issues, and how cultural and societal norms are taken into consideration. So this last issue of

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shaking hands with the opposite gender, it's not something that applies in the Muslim majority land where it is not the social norm. That concession would only be given in a society where shaking hands with the opposite gender is a social norm. So I wanted you guys to understand that perspective. And I'm not advocating for this opinion. I'm just sharing that these opinions exist. And whatever decision you do decide to make should be based upon knowledge and knowledge upon one's desires. Allahu Allah sallallahu Sallam robotica in the Vienna Muhammad, wa ala alihi wa sahbihi wa sallam, I'll open up the floor for questions inshallah, right?

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What is a bail offer. So the offer is a replacement for a loan. So person has a need for money, but they don't want to take upon debt. And that is something honorable and noble in Islam, to abstain from debt is something noble and honorable. So what is something that the scholars came up with, in order to prevent the person from being in debt, it's still given the money that he needs, this person has something valuable that belongs to him. And he sells it to the other individual with two conditions. condition number one, that he's not going to resell it. condition number two, is that he will sell it back to him at the same price that he bought it for. So this way, the person gets the

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money that they need, and they're not put into debt. So this person wants to die, or in a situation that they never get the money back, then there's no loss over here. It'd be left.

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Because the thing is, so it's not something that's allowed to be stipulated in the contract. So for example, you sell it to me for 500. When it comes back to give you the money, you can say, you know, I poured in $20 I poured in $100, but I can't stick me that in the contract, because that would become like a form of interest. Yeah, go ahead.

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Yes.

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Then all year, would you like contract? Yes, the other party doesn't pay on time. Then you want to put like 3% every month?

01:09:36--> 01:09:39

Yeah, I'm always thinking like, maybe

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it is.

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It is the ultimate. But what is it

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like the cost of service.

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There's not any government money. So it's not the cost of the product. The cost of the product is the initial amount. The cost of additional time is the

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Is the punishment in the money? So that which is required to pay more time or delay in payment is considered interest? Right. But the people

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are experiencing? Yeah. This kind of condition. Yeah.

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Okay, I would say after one year or two years or three, right? When you have that condition, right.

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Okay.

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Great. So now this is something what we would call in a sort of fickle moment, that is a widespread hardship amongst the people. So when landlords are renting out their spaces, if people don't pay on time, what do we do in that situation? Right. And this is a problem over here. So now, the default ruling, or the default course of action, this ruling is that we charge them late fees, right. Whereas in Islamic countries, they're given a grace period, and then they're kicked out, and then they're kicked out. But it becomes a debt upon them for for for them to pay you for the extra time that they took. So for example, if my contract between me and you is for 30 days, and by the 35th,

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day, I still haven't paid you yet, those five extra days that I took from you, I have to pay you that amount on top of the 30 days, and you have the rights to kick me out. So that's traditionally how it would work. Now, what is the solution for landlords in this day and age where there is no concept of they're going to pay you for the extra days, and you might not have the right of eviction right away? What do you do in that situation? That is why some of the scholars did allow late penalties. So they said in terms of late penalties, it would become permissible due to a moment due to the rampant hardship amongst people. But what I would suggest is particularly for this, if you

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want a detailed understanding of it, speak to Sheikh Hassan he will explain to you in detail inshallah.

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Your example of rental houses, in our cases, to serve we provide consulting service, right, upon completion, the service they need to pay off, right, something like that. So maybe they will.

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I think in this situation, the way out for you would be in your contract stipulate that if you do not pay on time, we will send a collecting agency to you and you are responsible for paying the fees of the collecting agency.

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That would be the best thing to do. The I mean, in my head, I think that works, because that way, you're not benefiting from it. So it's not considered a buy anymore. Right? The collecting agency is doing it. And since the collecting agencies providing a service, this is a compensation for the service. So you would be find a way out of labor. And I think it would be permissible. Allahu Tanana. Yep.

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work to their

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ruins over the years. Yeah, you can find some of the most feminist feminist. So and so before, like, you know, when I was younger, I had a problem with people shaking their hands, right in the center scanning the team for them because they have no idea what it is about. Right. So I came up with this idea now that I do share with them. However, as soon as they're working with when I establish your relationship with them, I tell them right away.

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Now I know this is the reason. All right.

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You see me shaking hands with somebody new that because they don't know I don't want to create spring. Alright.

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Good, good.

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hamdulillah Yeah. I can't tell you it's fine or not. Because I don't want to open up that door that someone comes in the future says in the Vedas, he said it's allowed to shake hands with a woman. That's something I don't want. But what I can say is that the way you're you you've approached the situation is smart, that you you're preventing people's feelings from being hurt, as well as they're accommodating to religious beliefs. Now, something that I've learned from my own experience is that if I know I'm going to be meeting a woman, I tell them off the bat, hey, if I don't shake your hand, don't take it personally. This is just the way I conduct myself. I believe a man needs to earn the

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honor and respect of a woman before we can touch her. And they completely understand that they're like, Oh, that's so sweet. Right? And that's how it is a lot of the times, so I think if you can do that, that's great. Well, Allahu Tanana whatever Subhana Allah home we'll be having a shadow day in Atlanta, sakurako to Winnick