Suhaib Webb – On Hijra Texts, Fiqh, Maqasid and Fatwa

Suhaib Webb
AI: Summary ©
The speakers discuss the misunderstandings of hadiths and its impact on the world, including its political and political implications. They also touch on the idea of Darul Islam and Darul Harb, which is related to a land of peace and war. The discussion touches on the idea of migration and protecting oneself from evil and spreading da cessation. The importance of living a decent life and avoiding being a beforehand is also emphasized.
AI: Transcript ©
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The word hijra

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means mafaraka.

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Darul Kufar

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iladari

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al Islam

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a land which is filled with non Muslims

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and migrate to the land which has Muslims.

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To protect your deen.

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We know that the prophet

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said there's no migration after the opening of

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Mecca. But as for the general hijra,

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we have the hadith of the prophet

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This is a good hadith.

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The Hijrah will not stop.

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Until the sun rises from the west

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means that Al Hijra,

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in the general sense is open till the

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end of time.

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But we've seen over the last few years,

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right?

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People use

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this kind of idea of Hijra

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to intimidate Muslims who live

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in lands which are

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predominantly

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populated by non Muslims as a means to

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like,

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scare them or to make them feel like

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they're less of a Muslim.

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So let's talk about some of those ahadith

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and text that people use,

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as well as the opinions of the fuqaha,

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some fuqaha

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on this issue

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because the prophet said

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Whoever migrated for Allah and His Messenger migrated

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for Allah and His Messenger.

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The first hadith that some people use is

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the hadith related by Imam Saydna Imam Abu

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Dawood.

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The Prophet Sallallahu Alaihi Wasallam said, I am

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free from those, and I'm paraphrasing,

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who live amongst the mushokeen.

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And, Abari,

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I'm free from them.

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People come across this hadith. You find it

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online and forums and other places say, you

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know, it's not allowed to live,

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for example, in the lands

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of non Muslims.

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But as we know,

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that's important to know the context

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of a text before

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you make Istidlaal.

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What is Istidlaal ikhamatuhukumalilfil

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before you try to establish a ruling on

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an action?

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You have to make sure there's no context.

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Because the context may restrict the meaning,

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as we'll see in a second, may clarify

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what the meaning is.

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But subhanAllah, when we look at this hadith

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of the Prophet

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we see that there's an event that happened,

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which is very important,

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and that is that

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a neighboring

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tribe and village

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continued to wage war on the prophet

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These were disbelievers

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in Medina.

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So the prophet

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he, first of all, warned any Muslims who

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live in this area, get out. We're coming.

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We're coming.

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We need to clean house.

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And some of those people refused.

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Some of those Muslims refused.

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And when the invading army came,

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those Muslims

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tried to make sujood,

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but were unfortunately

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inadvertently

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killed

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by the invading arm.

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Their family members came to the Prophet Sallallahu

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Alaihi Wasallam

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and wanted to exact punishment on the killers,

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or at least recompense

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a deah.

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And the prophet said, Anna Baree, I'm free

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of the legal ramifications of those who lived

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amongst

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those mushrike.

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This has nothing to do with the broader

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world. This is a place that the prophet

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had warned people to leave, that there's going

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to be armed conflict.

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If you don't get out, you may inadvertently

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die. And if that happens,

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I'm not responsible for you.

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So applying this to someone who lives in

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Chicago or, you know, lives in England or

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live somewhere else,

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this is a misapplication

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of the hadith.

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And and the attempt

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to establish that ruling

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on others is rejected.

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That's the first.

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The second, of course,

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is the idea that it is

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obligatory?

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To immediately leave those lands.

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Without any thought.

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But if we look in the books of

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a Hadith

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and I can't

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stress how important sometimes the chapter headings

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kind of shining the light on the fiqh

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of the writer or the fiqh of Methayib

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or the fiqh of Ulema.

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So, for example, if you look at a

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sunul al kubra of Sayna

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Imam You find a chapter called a rugsa.

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Right. The rugsa

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Right? The allowance

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for someone

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to live

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amongst

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the mushrike,

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the disbelievers,

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if there is no fear

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for their life person and so on and

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so forth. Alruksa. When you hear the ruxa,

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that means that there's a dispensation in fiqh.

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That means that there's an allowance.

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The third is if we look at Fatawa.

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So for example, we take the Fatwa of

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Imam ibn Hajar Al Haythami, not even Hajar

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Al Askalani.

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Imam Hajar Al Haythami, his his Fatwa Al

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Kubra, regardless of what you're following, anyone who

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claims to study

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should be familiar with.

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And he was asked

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by a group of people

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who lived. It is what what is now

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known as Southern Europe.

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Do we have to migrate

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as Muslims

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to the land of Islam?

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And his answer was that according

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to the madhab of Imam al Shafi'i,

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if you are able to live in these

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lands

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and observe your religion

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and call to good and forbid the evil,

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it is an obligation for you to stay,

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not to leave

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Because you are going to accomplish the greatest

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objective,

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which is spreading the light of Islam Islam

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and the beauty and mercy of the prophets

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teachings.

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The last

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deals with epistemology.

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One of my my great teachers and someone

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that had a tremendous influence on me while

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I was in Egypt, and I didn't appreciate

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him while I was in America.

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Sometimes when I was in Israel, I was

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poor. He would actually send a taxi taxi

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and pay for the taxi to come and

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take me to his class.

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That's the kind of person he was,

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man. And I remember, subhanallah, toward the end

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of his life, a lawyer Hamu or Hamatan

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Wasia.

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The sheikh was Maqad.

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You know, he was confined to a wheelchair.

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It was a Friday morning. We used to

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go to his place and read to him

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on a Friday morning.

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You know, great discussions with Sheikh and other

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ulama

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and then us little qataqit

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students.

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And subhanallah the sheikh,

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a guy came knocking on his door. He

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was the Bawab from the Masjid next door.

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He said, Sheikh the

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the isn't here.

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So

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I had to give the Khutbah that day

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in Arabic.

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But Sheikh, he told me something very profound

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that this idea of Darul Islam and Darul

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Harp.

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Nowhere is it found in the Quran.

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Nowhere is it found in the sun, and

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I did research and I found 1 hadith

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in small door.

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The prophet, salallahu alayhi was some said, Larry

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Larry

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You know, there's no interest in war except

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in the lands of war.

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The Hadith Hadith Madhur,

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It's a weak hadith. In fact, it's fabricated.

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So this idea, this concept, the Dar al

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Islam and Dar al Harb.

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Where did it come from?

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It came from

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Muhammad Hassan

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al Shaybani.

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The great student of Imam

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Abi Hanifa,

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who in

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the reign of,

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Harun Rashid.

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Harun Rashid asked him.

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Describe these days for us.

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Or describe the kind of the political

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landscape

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that we're facing with now.

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He said, Yeah, Amirul Mumineen.

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He said, Oh, leader of the believers,

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the land which we occupy, where we live,

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which we govern is the land of

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Islam. And the other lands are the lands

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of war.

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After a Shaybani came say,

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Imam al Shafi'i

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He didn't agree with this, so he added

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Darul Ahat. So he will see if there's

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not an agreeance

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and if scholars are adding

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and subtracting things, then this means this is

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not like.

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This is not wahi.

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This these are theories.

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These are ideas that are able to be

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negotiated and molded.

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So

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the land

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of of war,

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and the lands that we have treaties with.

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After

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came, Imam Shashi Al Hanafi.

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And he also changed this.

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So this is this is not this is

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not the way, man.

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There has to be something which is more

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in line with Revelation.

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So he adjusted the entire thing and said

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that there is where

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the people have accepted faith

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and the

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where people haven't accepted faith.

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Because the goal of Islam is not to

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fight. The goal of Islam is not war.

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The goal of Islam is Dawah.

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If we were as passionate about living as

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we were passionate about dying, the world would

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be a very different place,

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living for what's right.

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And then later on, you have other ulama

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who say, no, no, dar Islam is wherever

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you are. It ain't where you're from, it's

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where you at

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and what you're able to practice.

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Saying

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that the whole earth is made a masjid

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for me.

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Pure and purifying. Allah, Allah, Allah.

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So you see Muslims sometimes they stick to

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this idea, Dara Islam, Dara Harb. We see

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the Islamophobes

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sticking to this idea Dara Islam Dara Harb,

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allahi. None of them unfortunately have really any

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basic idea what they're talking about.

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Where did this come from? The fatwa of

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Saydna Imam ibn Hajar al Haythami and this

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idea that now we see, you know, perhaps

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that creating this binary of peace and war

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is not aligned with

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revelation

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is the Hadith of Fudayk. This hadith is

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related by saying that Imam Ahmed is a

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good hadith.

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Fudayk, he was from Yemen.

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He embraced Islam, and at that time, Yemen

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was still

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predominantly occupied by

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Christians.

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He came to Medina,

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came to the prophet

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during the time where a hijrah was an

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obligation to Medina. Okay.

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He came to say, Narasul salallahu alayhi wasalamah

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came Rahuahu Imam Ahmed.

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And he said, you Rasulullah,

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I live amongst the people of the book.

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Do I have to migrate to Medina?

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And the prophet said, Yeah.

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Established a prayer.

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Call to good.

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Forbid the evil.

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And you must stay with your people. Is

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an obligation.

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You must stay with your people.

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So here we see the position of sadaat

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al Shafi'iha

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that if migration to Medina

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was conditioned,

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then what about migration

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after that?

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So I felt, Alhamdulillah, as we continued this

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discussion on 40 Hadith of Sayyidina Imam Anawhi

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that we unpack some of these

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problematic kind of notions and ideas.

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And as most scholars said, a hijra is

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a personal ishdi head. A person who makes

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a personal decision. You can't tell all of

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the world

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that they have to make a hint of

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why. There's no emir.

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And secondly,

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That in general, these kind of things are

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almost impossible

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to say that everyone has to do this,

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but it's a personal issue you had.

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Some people may find more

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security and more freedom, religious freedom outside of

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the Muslim world than they did in the

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Muslim world.

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They may find more financial opportunities, as we'll

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talk about later,

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outside of the Muslim world than they did

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in the Muslim world. And then they help

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people in the Muslim Muslim world. So this

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is a complicated, usually very personal issue. And

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you should be very careful about taking a

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fatwa online

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that says

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go

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or don't go.

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It's your decision.

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Very strategic.

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But as Sayyidina Imam Ibn Hajar was Sheyfaiyah

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was Sheykhul Umari and others mentioned,

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if you're able to live a decent life,

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observe your religion, protect yourself from evil

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and spread dawah, then it's an obligation to

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stay.

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We ask Allah

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