Suhaib Webb – The Roots of Islamic Law (PartOne)

Suhaib Webb
AI: Summary ©
The speakers discuss the importance of understanding the roots of Islamic law and the use of evidence and evidences in rulings based on the end of times. They emphasize the importance of negotiating and refinishing one's understanding of the concept of man and the limits of religious texts. The speakers emphasize the need for a clear understanding of the limits of religious texts and the importance of creating a framework to bridge the gap between religious text and human actions. They also emphasize the importance of avoiding ambiguity and confusion in political writing and creating a framework to bridge the gap between religious text and human actions.
AI: Transcript ©
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Aldo Billahi is You're there as well.

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I'm fine. I'll take you.

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Good morning, everybody. Nice to see you. So

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I have 4 children.

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That's my excuse.

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And then I hit like really incredibly

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insane traffic on the way here, so my

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apologies. But I hope all of you are

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well.

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It's also an honor to be your Shaykh

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Taha as she taught me, in Egypt. So

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when I was in Egypt, I read the

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Muhamfaqaat

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of Sayyidina Ima mashal to me,

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to Shirdu'a La ilham.

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So a lot of good memories just being

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around and thinking of him and the time

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we had together, alhamdulillah. I remember

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one time I was with him, and,

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it was it was Friday. I used to

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go to him on Friday mornings. And Sheyaf

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Ba has such a love for knowledge. You

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know, in Egypt I was poor. I was

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a student.

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I didn't have a lot of money even

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though I worked in Egypt, but it is

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what it is, a dal ifta. So he

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would actually send a taxi, man. He's like,

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you're coming to class.

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You know? His dedication and, like, love for

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learning.

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And I'll never forget that. Like, there's no

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I mean, if your teacher sends an Uber

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to you, like, you're in trouble. Right? Yeah.

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Absolutely. No.

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No excuse.

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So he said the taxi, and I came

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because he lived far away from me.

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And

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the time for the Khutba came, and the

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khatib didn't show up.

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So

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the,

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the doorman, right, he came and he said,

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you know,

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we don't have any khatibs. Can you doctor

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Taha, can you give the Chub? I said,

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like,

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But the American gave the chuppa. I'm like,

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what? Hold on. So he actually made me

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give a chuppa in Arabic.

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He's like, this is your exam.

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And there was a guy there. He's like,

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Just go and scare people. Like, don't worry

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about about saying anything. But a lot of

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good stories with, a shift. Doha.

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You actually may find on YouTube, there's a

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phone conversation between me and him that he

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recorded

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his answer to,

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from a long time ago, Alayraham.

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So when I say the word, Usol O'lafilp,

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what do you think of? Like, what comes

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to mind? It's question. And you can feel

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free just to be as honest as you

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can without looking at the definition of what's

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written on the board.

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When you think of the subject Usul al

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Filq, the fundamentals of Islamic law, if we

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really wanted to translate it in a better

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way, the roots of Islamic law, right,

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The roots of Islamic law. What what comes

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to mind? What do you think?

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Take first sort of thoughts.

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Certainly a root,

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the main root. Right?

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Absolutely.

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What else?

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Time to turn us next to become an

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issue. So, yeah, these these are the

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I'm asking what does it mean to you?

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I'm not sure, like, the actual adila. But

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I appreciate these answers. But I mean, what

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does it mean to you as a person?

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I mean, you hear the word.

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I had a student tell me, intimidation.

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I feel intimidated when I hear.

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Right? I had a a student say one

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time, maturity.

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Right? Sotaphyl is like a very mature

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sort of science. Yes, ma'am.

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Oh, is the methodology

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of extrapolating?

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Yeah. Methodology

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is a method certainly is providing methods.

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Adila, kind of take what you said and

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and say Adila. Right? The evidence is the

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methods. Good? Yes.

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Absolutely.

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Yeah. What is the word?

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What is, like, the logic of sharia? Like,

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how does it the buts, the the the

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the nuts and bolts of of more so

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we could see the logic of

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of jurists, right, and law

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scholars. Good.

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What else?

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I'm trying to translate translate from Arabic to

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English. I know it. I understand it in

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Arabic.

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It's okay. We can translate.

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It's like the heart, like the inner rules.

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Yeah. It's like the core of everything, sorta.

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That's good.

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Anyone else wanna jump in? It's good. This

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is excellent. All really

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sort of grasping at

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kind of this meaning of it.

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What else?

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So what you can appreciate now is these

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answers that were given

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are very different. Right?

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Sister,

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Bina, I think, is your name. I say,

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Bina?

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Oh, Surya,

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saying, you know, make sure your name's right.

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Sister Sureya is saying, like, the Quran, Sunnah,

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Priyas, Iqma.

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Right? She's mentioning, like, certainly a part of.

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It's evidence is right. And then I, my

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glasses on, so I can't see that far

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of it.

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Bushala, I think, is said,

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you know,

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Al ManaH,

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like, the methodologies

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of the the

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Islam is very axiomatic

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in its approach.

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So, like, what are the methods? And also

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one of the sections in us sort of

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felt is tartibul adillah, as we're gonna see

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in the SIG. I'm like, how how do

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you use the evidences? When do you use

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an evidence? What comes first? Is there a

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priority? Is there you know, what happens when

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there's a contradiction? That's

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all very methodical.

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Right? Excellent.

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And then Nadia said, like, it's kinda the

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heart of things. I can say that in

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my own experience. When I hear someone give

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any speech,

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whether it's a TikTok or a lesson, I

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can tell if they studied the social

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field just by how they may be very

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sloppy with the evidences. Evidences. There may not

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be a respectful methodology.

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Mhmm. The is

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really awe.

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Right?

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I can give an example.

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Right? During the beginning of COVID, people were

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taking the Hadith that said,

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The hour won't start until the Hajj is

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abandoned. So people were saying, you know, more

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or less the meaning of the hadith. Well,

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see now there's no Hajj, so we're at

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the end of times.

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Right? That's that's that's sloppy. That's that's really

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sloppy. And then

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sort of look at it, you know, like,

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well,

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yeah, this hadith is the context of the

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hadith

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is that it's a sign of the hour.

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We have an axiom, a method.

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You can actually make evidences for rulings based

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on the the end of times because they

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haven't happened yet.

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Also,

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this is talking about after Sadie Esau comes,

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after, yeah, jujima jujima defeated, after

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the is defeated, and then after Satan Esau

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dies, and after the believers die, then the

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prophet said there'll be no one left on

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the earth except Shadrachal, except the worst people.

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After saying that Mahdi dies, all of this

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will happen.

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And then there'll be no good people on

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the face of the Earth. So, obviously, if

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there's no believer, no Muslim on the Earth,

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what will happen at the Hajj?

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So now you can see, like, the problem

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of the methodology. We say.

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Right? Context is half the meaning.

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So we're gonna go through this. This text

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is not edited, not finished, so let's let's,

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let's not get too crazy here.

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But this is a text we're working on,

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the first part of it. And then the

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second part will actually be sort of the

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more detailed,

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adilla

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that Soraya mentioned that are not agreed upon.

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So the first part is sort of what's

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agreed upon.

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2nd part are evidences

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specifically in the Madocke school,

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and we'll bring some from the Jaffray School

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just to give their animation for people

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that people don't agree on. So the first

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is the definition of usulufilk. I want you

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to think about the purpose of usulufilk

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is really to

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negotiate

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ambiguity.

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That's how we can appreciate it. It is

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a science which its job, at least from

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a Sunni perspective,

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is to negotiate. And from the perspective of

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the Mutakkalimid,

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we know there are 2 methods in Sunni

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Islam when it comes to osu lofil.

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1st meth hab is the fokaha. The fokqa

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are the halafis.

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The next meth hab is called mutakalimin.

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The mutakalimin

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are the Madakis,

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shafi's,

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and the Hambalis.

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So this again, our approach here is largely

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from the perspective of the mottekelimin.

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It's what I'm trained in.

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And their their challenge and why is it

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called Motteqelemin?

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Because they talk a lot.

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Right? Law what do lawyers do? They argue.

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Right? And that's why,

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you know, in our studies in the traditional

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system,

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you actually taught what's called adab albafl almanadrah

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how to argue, how to research.

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In El Azhar, one of the classes we

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took is albafl alfirpi How do you write?

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How do you defend the premise? We took

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logic,

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syllogisms.

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Doctor. Ba used to tease me all the

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time. He he makes syllogisms that you couldn't

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solve. He's like, see, you don't really have

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to have this. Like, okay. Whatever shit. I

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respect you.

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But the process of learning that is important

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to read the classical books, to read how

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they wrote because they write in a very

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legally style. That's why sometimes the Arabs will

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pick up like an ancient like, Al Razi's,

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in a while, and then they'll go, I

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understand nothing.

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Because how he wrote it, it's not the

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Arabic, it's the style of writing from Moreh,

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from Iran.

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He's coming from at the center. Rey means

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intellect. He came from the city called Rey.

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Right?

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So Ulsolo Filk is really about

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negotiating something that I think is very important

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as we suffer

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through

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sort of the trauma of modernity

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and postmodern.

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Postmoderni and moderni are exercising a tremendous

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amount of pressure on people to be perfect,

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to achieve yaping in places where we're not

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commanded to achieve yaping.

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And that's the irony of a secular system

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that in many ways it may actually demand

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in the areas which are

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unknown

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a perfection which religion doesn't.

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Religion allows negotiation.

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And that

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is largely impacted,

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in many ways, contemporary Islamic thought, whether it's

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through the establishment of Muslim states that are

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very modern. They're extremely modern. They're almost Orwellian.

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We see the security apparatus used in the

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Muslim world.

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Allah says, well, that's just says who don't

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spy.

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Right? Complete opposition to sort of the organic

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freedom.

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I'm not going libertarian either but the freedom

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that sort of religion

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affords human beings because religion recognizes human

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fallibility.

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Made you weak.

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Allow us to make things easier for you.

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The prophet

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the religion is

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by statement after statement about

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ease, facilitation,

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balance, moderation.

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Saidni Mohammed

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has said, you know, don't be like a

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branch in the tree wherever the wind blows.

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You just moral relativism.

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No. No. You have to appreciate your human

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fallibility.

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And in many ways, we

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see that,

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extremist Muslims,

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whether politically extreme or militantly extreme,

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are very modern in how they expect Muslims

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to be perfect. They expect Muslims to be

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monolithic. This is the Huwadis. The Huwadis were,

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you know, in their best form,

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very modernist,

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almost fascist in their modernism.

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Or Islam says,

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no, there are certain things that you'll never

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be able to know. Ariflamim

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is a finger, excuse my language, in the

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face of modernists.

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And a constant reminder to Muslims

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to relax

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a pass especially in a post colonial hangover,

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you trying to achieve perfection that Islam has

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not asked. It's one of the goal outcomes

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of call colonialism.

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So hence we may be more harsh and

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difficult on issues like the Forur, issues of

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fiqh,

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where it was very fluid throughout history. It

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was never, you know, people arguing and fighting.

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You know, if I go,

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And somebody told me, like, you convert, you're

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changing Islam.

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This is like white supremacy.

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Fucking god. All that. Just like 5 minutes?

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Like, you just completely destroyed me. Like, I

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was like, you know, this is the of

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Ibn Kathir. He was like, even Kathir didn't

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write it. It has a qira. He wrote

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it asham. Like, no, it's a different ibn

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Kathir from Kombu, from the 7th. Right? So

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the inability to be flexible

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where we should be flexible,

00:13:13 --> 00:13:15

is actually an indication of modernity

00:13:16 --> 00:13:19

creeping out on us and also a post

00:13:19 --> 00:13:20

colonial hangover in many ways.

00:13:22 --> 00:13:24

And we see this sometimes, especially with women,

00:13:24 --> 00:13:27

like, you, nipaab, no nipaab, hijab. There's people

00:13:27 --> 00:13:29

people aren't tolerant on this issue. They'll fight

00:13:29 --> 00:13:32

over it. 8 rakat, 20 rakat. Right? The

00:13:32 --> 00:13:34

inflexibility that we see, people listening to music,

00:13:34 --> 00:13:36

not listening to music,

00:13:37 --> 00:13:39

eating outside, not eating outside. People react to

00:13:39 --> 00:13:40

these things as well.

00:13:42 --> 00:13:44

If they were to do research, it was

00:13:49 --> 00:13:51

as such and such came to a conclusion

00:13:51 --> 00:13:52

on this issue.

00:13:54 --> 00:13:56

So I want us to appreciate

00:13:56 --> 00:13:58

and don't get caught up in the secondary

00:13:58 --> 00:13:59

issues. Again, that's a sign of modernity. I

00:13:59 --> 00:14:01

did say what I said about music.

00:14:02 --> 00:14:05

That Oso de Filk is about negotiating the

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

ambiguity

00:14:06 --> 00:14:08

that is a natural occurrence

00:14:09 --> 00:14:10

of being

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

salable.

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

That's why the prophet said,

00:14:18 --> 00:14:19

if the person judges

00:14:20 --> 00:14:22

the qualified person judges and they're correct,

00:14:25 --> 00:14:26

They get 2 rewards. But if they make

00:14:26 --> 00:14:28

a mistake, what happens?

00:14:28 --> 00:14:30

They still get one reward. They've negotiated the

00:14:30 --> 00:14:31

ambiguous.

00:14:32 --> 00:14:34

And the Quran immediately no no says in

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

the Quran.

00:14:43 --> 00:14:46

And it's actually these issues that there's a

00:14:46 --> 00:14:48

great book called The Culture of Ambiguity by

00:14:48 --> 00:14:50

Bauer about the Muslim community should read. It's

00:14:50 --> 00:14:51

powerful.

00:14:52 --> 00:14:53

And, you know,

00:14:53 --> 00:14:55

he says something that I felt for a

00:14:55 --> 00:14:56

long time, but he said it much better

00:14:56 --> 00:14:58

than me. I'm from Oklahoma, so my English

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

is not quite there.

00:15:00 --> 00:15:01

And

00:15:01 --> 00:15:03

I've noticed this that oftentimes

00:15:06 --> 00:15:08

inflammatory issues in the Muslim community, we we

00:15:08 --> 00:15:10

react in a very modernist way.

00:15:11 --> 00:15:12

So the qira'at

00:15:12 --> 00:15:14

you can say take for example

00:15:15 --> 00:15:16

Daha Hussein,

00:15:16 --> 00:15:18

you're basically denies them.

00:15:18 --> 00:15:20

The reason that he denies the qira'at in

00:15:20 --> 00:15:22

his famous, I think his PhD, Adab al

00:15:22 --> 00:15:25

Jahiliyah, where he denies is all this ancient

00:15:25 --> 00:15:26

poetry is all made up. It's invented.

00:15:27 --> 00:15:29

There's no historical or anthropological proof for it.

00:15:29 --> 00:15:31

This is nonsense, what he's saying. But he

00:15:31 --> 00:15:33

says that to then say,

00:15:33 --> 00:15:36

there's only 1 qira'ah. All these other qira'ah

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

are

00:15:37 --> 00:15:38

wrong. So this is like a neoliberal

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approach towards

00:15:40 --> 00:15:44

looking at something in Islam which we have

00:15:44 --> 00:15:44

a tremendous

00:15:45 --> 00:15:47

historical record on.

00:15:47 --> 00:15:48

Tremendous.

00:15:49 --> 00:15:50

On the other end you find someone like

00:15:50 --> 00:15:51

Sheikh Saheb Nur Taymim,

00:15:52 --> 00:15:54

you know one of the head Salafi scholars

00:15:54 --> 00:15:57

Alayo Hammu who basically in his you know

00:15:57 --> 00:15:59

his book on Ulumu

00:15:59 --> 00:16:01

Quran, you know, it sort of says that,

00:16:01 --> 00:16:03

you know, the Sahaba used, like, paper.

00:16:04 --> 00:16:06

Right? They used their memory and they used

00:16:06 --> 00:16:08

the written word to sort of protect the

00:16:08 --> 00:16:10

Quran. And and then he doesn't mention the

00:16:10 --> 00:16:12

Qur'aat and the variant readings.

00:16:13 --> 00:16:15

And and Abu Alal Maud mauduri says in

00:16:15 --> 00:16:17

fact you can't go anywhere in the world

00:16:17 --> 00:16:19

and you'll find a different Mus'haf.

00:16:20 --> 00:16:22

So here we have one very conservative

00:16:23 --> 00:16:25

leading sort of group of scholars. Allah have

00:16:25 --> 00:16:27

mercy on them. We have sheikh,

00:16:28 --> 00:16:29

the sheikh, a great,

00:16:29 --> 00:16:32

writer, Taha Hussein, Allah, have mercy upon him.

00:16:32 --> 00:16:34

From 2 different extremes, one is very conservative,

00:16:34 --> 00:16:36

one is very liberal, but they both undermine

00:16:36 --> 00:16:39

the balanced message of the qira'at that Imam

00:16:39 --> 00:16:41

Imojazri mentions very beautifully in al Tayba. He

00:16:41 --> 00:16:43

says the very readings of the Quran

00:16:43 --> 00:16:46

are simply a reminder that Allah's Knowledge is

00:16:46 --> 00:16:49

transcendent and that Muslims will be busy unraveling

00:16:49 --> 00:16:51

the mysteries of the Quran till the Day

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

of Time Day of Judgment.

00:16:53 --> 00:16:56

So Classics scholars embrace the variant rulings. They

00:16:56 --> 00:16:58

didn't see them as a threat. The question

00:16:58 --> 00:17:00

is why do these groups see them as

00:17:00 --> 00:17:02

a threat? You read, for example, Jawad Al

00:17:02 --> 00:17:04

Hamidi in, Pakistan. He says, well, what will

00:17:04 --> 00:17:06

the non Muslims think about us? Who cares?

00:17:07 --> 00:17:08

Like, that's not why we make a decision.

00:17:08 --> 00:17:09

That's not methodologically

00:17:09 --> 00:17:10

correct.

00:17:10 --> 00:17:12

Because if I'm reacting based on what non

00:17:12 --> 00:17:14

Muslims think in this way,

00:17:15 --> 00:17:18

I'm now reflecting my thought through the prism

00:17:18 --> 00:17:19

of colonialism

00:17:20 --> 00:17:21

and postmodernity.

00:17:22 --> 00:17:24

And the other side also, the more conservative

00:17:24 --> 00:17:26

like Sheikh Abu Al Maududi more or less

00:17:26 --> 00:17:28

is saying, like, we have to present the

00:17:28 --> 00:17:28

Quran as

00:17:29 --> 00:17:30

1 piraha.

00:17:30 --> 00:17:32

That's it. Right? I'm paraphrasing.

00:17:33 --> 00:17:35

In order to appease the dua. This is

00:17:35 --> 00:17:39

incorrect. Or classical scholars of the Quran were

00:17:39 --> 00:17:41

like, there are multiple qiras. There are more

00:17:41 --> 00:17:43

than 10 qiras. So what?

00:17:44 --> 00:17:45

Allah's Alim.

00:17:47 --> 00:17:49

And all these have asaneet, and all these

00:17:49 --> 00:17:51

are narrated by people who read them in

00:17:51 --> 00:17:53

great numbers. Back to the Sahaba,

00:17:53 --> 00:17:54

meaning

00:17:54 --> 00:17:56

that the mystery of the Quran

00:17:56 --> 00:17:58

will last until the end of time. Ibn

00:17:58 --> 00:18:00

al Jazri has a beautiful statement. He says,

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

You shouldn't worry about contradictions,

00:18:02 --> 00:18:04

you should worry about unraveling the mystery of

00:18:04 --> 00:18:05

the book of Allah.

00:18:06 --> 00:18:08

And you should busy your life in this.

00:18:08 --> 00:18:10

But when we think about it through a

00:18:10 --> 00:18:12

Judeo Judeo Christian spectrum,

00:18:13 --> 00:18:15

contradictions in a text for them is a

00:18:15 --> 00:18:16

problem. For us, it's

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

not.

00:18:18 --> 00:18:19

Yes, ma'am.

00:18:20 --> 00:18:23

Yeah. You started you started to sort of

00:18:23 --> 00:18:24

propagate the fundamental

00:18:24 --> 00:18:26

of law. And then afterwards,

00:18:26 --> 00:18:28

you start negotiating

00:18:28 --> 00:18:29

the ambiguity.

00:18:30 --> 00:18:32

I mean, when when you said the fundamental

00:18:32 --> 00:18:34

is something very determined,

00:18:35 --> 00:18:37

by the and I wish I said, how

00:18:37 --> 00:18:37

can we

00:18:38 --> 00:18:39

It's a good question. We're gonna get to

00:18:39 --> 00:18:41

that in a minute. So she's saying it's

00:18:41 --> 00:18:42

the fundamental of law, then how could it

00:18:42 --> 00:18:44

lead to something which is

00:18:45 --> 00:18:46

If it's

00:18:46 --> 00:18:46

it's

00:18:52 --> 00:18:54

So I can I can say you can

00:18:54 --> 00:18:55

say I'm here,

00:18:55 --> 00:18:57

but then am I mad? Am I angry?

00:18:57 --> 00:18:59

Am I tired? That's ambiguous. You don't know.

00:18:59 --> 00:19:01

You have to explore that. So the Quran

00:19:01 --> 00:19:03

is the hustle. But what does the Quran

00:19:03 --> 00:19:05

mean? That's the job of human beings to

00:19:05 --> 00:19:08

negotiate on many issues. And that human negotiation

00:19:08 --> 00:19:09

is immediately

00:19:10 --> 00:19:13

denoted as something which is a hypothesis

00:19:13 --> 00:19:16

and negotiating ambiguity. So that way we're not

00:19:16 --> 00:19:17

killing each other.

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

I will show it in the example. It's

00:19:20 --> 00:19:21

a great question.

00:19:25 --> 00:19:27

Alright? The foundation of something is not as

00:19:27 --> 00:19:28

not what it means

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

necessarily.

00:19:30 --> 00:19:33

Depends on who's reading it. And so once

00:19:33 --> 00:19:34

a human being begins to read it and

00:19:34 --> 00:19:37

interpret it, that human being is negotiating what?

00:19:38 --> 00:19:38

Ambiguity

00:19:39 --> 00:19:41

and trying to come to what? A definitive

00:19:41 --> 00:19:42

conclusion.

00:19:42 --> 00:19:45

That's why Al Baidawi says in the very

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

beginning,

00:19:46 --> 00:19:47

he said,

00:19:52 --> 00:19:54

He said that in the beginning, there is

00:19:54 --> 00:19:55

this sense of

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

assumption

00:19:59 --> 00:20:01

in trying to establish the ruling. And then

00:20:01 --> 00:20:03

once he or she arrives to a conclusion,

00:20:03 --> 00:20:06

okay, I've researched the issue. This is my

00:20:06 --> 00:20:07

conclusion. That's the yakin.

00:20:08 --> 00:20:09

But not a Yapine

00:20:09 --> 00:20:12

which is non negotiable because others may have

00:20:12 --> 00:20:13

different conclusions.

00:20:13 --> 00:20:15

You understand? It's a good question you ask.

00:20:16 --> 00:20:18

So I don't wanna take too much time,

00:20:18 --> 00:20:20

but you can take any hot issue

00:20:21 --> 00:20:23

amongst Muslims. And essentially, most most of the

00:20:23 --> 00:20:25

time, our hot issues are driven by the

00:20:25 --> 00:20:27

dominant non Muslim culture.

00:20:27 --> 00:20:30

Now the the whole thing, we sexual ethics,

00:20:30 --> 00:20:32

that didn't come from us. We reacted to

00:20:33 --> 00:20:34

of course, in Maryland, we we had to

00:20:34 --> 00:20:36

with schools, but I'm saying largely it's been

00:20:36 --> 00:20:38

reacted to by the broader

00:20:38 --> 00:20:41

what society holds as important. We don't have

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

a mandate.

00:20:43 --> 00:20:45

So we're gonna start now.

00:20:46 --> 00:20:47

And and what I wanted to get at

00:20:47 --> 00:20:49

with the is that ambiguity is something our

00:20:49 --> 00:20:51

religion values and appreciates.

00:20:52 --> 00:20:53

That's why when you go to Al Azhar

00:20:53 --> 00:20:55

written on the College of Sharia, Al Firk

00:20:55 --> 00:20:56

Mebab Avunun.

00:20:57 --> 00:20:59

Al Firk Mebab Avunun.

00:21:00 --> 00:21:01

In Oqairawin,

00:21:01 --> 00:21:03

the first university founded in the world. If

00:21:03 --> 00:21:05

you go there, it's written right by a

00:21:05 --> 00:21:07

woman Fatima Feria. If you go right on

00:21:07 --> 00:21:10

the front door, what's written? Adafirk M'inbeib Avanun.

00:21:11 --> 00:21:13

Meaning firq is a hypothetical

00:21:13 --> 00:21:14

sort of science

00:21:15 --> 00:21:16

rooted in assumption,

00:21:17 --> 00:21:18

rooted in negotiating what?

00:21:19 --> 00:21:19

Ambiguity.

00:21:21 --> 00:21:24

That's why subhanAllah, what is the fatwa? Imam

00:21:24 --> 00:21:26

Razi says the fatwa is bayan

00:21:26 --> 00:21:29

or hook me shay. Bayan. What does bayan

00:21:29 --> 00:21:29

mean?

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

To clarify. But when do you need to

00:21:32 --> 00:21:34

clarify something when something's what?

00:21:45 --> 00:21:47

Right? That the fatwa is to clarify

00:21:48 --> 00:21:49

something in the face

00:21:50 --> 00:21:51

of ambiguity,

00:21:51 --> 00:21:52

confusion

00:21:52 --> 00:21:53

on an issue.

00:21:54 --> 00:21:56

Is there evidence for this kind of ambiguity

00:21:56 --> 00:21:58

and that we should embrace it? Because it's

00:21:58 --> 00:22:01

really enforcing us to think outside of being

00:22:01 --> 00:22:02

programmed by Instagram

00:22:02 --> 00:22:05

and our biological clocks being led by TikTok.

00:22:07 --> 00:22:08

And that is the Hadith

00:22:10 --> 00:22:12

My prophet said

00:22:14 --> 00:22:16

And they begin to argue. Why were they

00:22:16 --> 00:22:17

negotiating here?

00:22:19 --> 00:22:21

The ambiguity of the of the what the

00:22:21 --> 00:22:23

command was. So the prophet this is a

00:22:23 --> 00:22:25

great example for you, Suray, in which you

00:22:25 --> 00:22:25

ask.

00:22:25 --> 00:22:28

None of the Sahaba doubted the prophets

00:22:28 --> 00:22:29

being, Alai Salam,

00:22:30 --> 00:22:31

a sound source.

00:22:34 --> 00:22:35

That's not ambiguous.

00:22:36 --> 00:22:38

But what he meant,

00:22:41 --> 00:22:42

was what?

00:22:43 --> 00:22:44

It's not clear.

00:22:46 --> 00:22:47

So they were negotiating

00:22:49 --> 00:22:52

Qawdhiya salatu sallam. Just like now you will

00:22:52 --> 00:22:55

find jurors negotiating Dalal at the meanings Dalal

00:22:55 --> 00:22:57

at the meanings of what

00:22:58 --> 00:22:59

his hadith are,

00:22:59 --> 00:23:01

what verses the Quran are,

00:23:02 --> 00:23:04

unless there's Iqma on that. We'll talk about

00:23:04 --> 00:23:05

it hopefully in the meantime.

00:23:06 --> 00:23:09

So they they argued. Some prayed. Some didn't

00:23:09 --> 00:23:11

pray. Did the prophet make Tawrji of either

00:23:11 --> 00:23:12

of them?

00:23:12 --> 00:23:16

No. Why? Because they negotiated what? Where Allah

00:23:16 --> 00:23:17

has commanded them to negotiate and this is

00:23:17 --> 00:23:20

a beautiful hadith. The statement of Sayyidina Ma'azil

00:23:20 --> 00:23:21

Majab radiAllahu anhu.

00:23:22 --> 00:23:24

Unfortunately Sheikh Albani said this hadith is Da'if.

00:23:24 --> 00:23:27

This hadith is not Da'if. There's other to

00:23:27 --> 00:23:30

this hadith and also in the hadith because

00:23:30 --> 00:23:33

this has been People think means somehow there

00:23:33 --> 00:23:34

is

00:23:36 --> 00:23:38

It's not correct because if you read in

00:23:38 --> 00:23:41

the books of Hadith and from the Mas'id,

00:23:41 --> 00:23:43

you learned that all of Ashabim

00:23:43 --> 00:23:44

Mu'adh

00:23:44 --> 00:23:45

were thirqa

00:23:46 --> 00:23:46

barbit,

00:23:48 --> 00:23:49

honest,

00:23:50 --> 00:23:52

and academically accomplished.

00:23:52 --> 00:23:54

The famous hadith of Sayed Muayd and also

00:23:55 --> 00:23:57

as Sheik Leghraniani, a Mufti of Libya, Mela,

00:23:57 --> 00:23:59

preserve and protect him, Mentioned this is one

00:23:59 --> 00:24:02

of those hadith that scholars accepted across the

00:24:02 --> 00:24:04

board, its meaning, the intent because we know

00:24:04 --> 00:24:05

the accent

00:24:07 --> 00:24:09

first of all. So long discussion. We don't

00:24:09 --> 00:24:09

wanna go there.

00:24:10 --> 00:24:12

But the hadith of Mu'adh, when the prophet

00:24:12 --> 00:24:14

is, you know, sending off and he says,

00:24:15 --> 00:24:16

what are you gonna rule by?

00:24:17 --> 00:24:19

The book of Allah? If you don't find

00:24:19 --> 00:24:20

the book of Allah,

00:24:21 --> 00:24:23

if you don't find it,

00:24:23 --> 00:24:25

then what I'm going to

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

exercise

00:24:27 --> 00:24:28

my intellect

00:24:29 --> 00:24:31

to try to come to the proper

00:24:31 --> 00:24:32

answer.

00:24:33 --> 00:24:35

Right? Same like Bani Quresit and the prophet

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

patted him on his chest.

00:24:37 --> 00:24:37

He

00:24:46 --> 00:24:48

That for the one who guided the messenger

00:24:48 --> 00:24:50

of the messenger of Allah to what pleases

00:24:50 --> 00:24:51

the messenger of

00:24:51 --> 00:24:52

Sallallahu Alaihi

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

Wasallam.

00:24:54 --> 00:24:55

So Ufulufirq,

00:24:55 --> 00:24:58

we have a number of definitions for it.

00:24:59 --> 00:25:01

The definition that is used usually,

00:25:01 --> 00:25:03

we'll get to it in a minute, but

00:25:03 --> 00:25:05

I wanna show you quickly about ambiguity.

00:25:06 --> 00:25:06

So

00:25:07 --> 00:25:09

perhaps the best way to answer this question

00:25:09 --> 00:25:11

is without getting too theoretical theoretical is to

00:25:11 --> 00:25:12

give you an evidence.

00:25:16 --> 00:25:19

Allah says, O believers do not approach prayer

00:25:19 --> 00:25:20

while intoxicated.

00:25:20 --> 00:25:21

That's clear.

00:25:22 --> 00:25:23

But is it?

00:25:25 --> 00:25:26

One thing we can all agree on is

00:25:26 --> 00:25:27

a command.

00:25:35 --> 00:25:37

This verse commands the faithful to avoid praying

00:25:37 --> 00:25:39

while intoxicated, which is straightforward.

00:25:40 --> 00:25:42

Nobody got problems with this.

00:25:42 --> 00:25:43

However,

00:25:43 --> 00:25:45

as people's actions and experiences

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

arise,

00:25:47 --> 00:25:49

several secondary questions are naturally going to occur,

00:25:49 --> 00:25:51

and these these questions are gonna occur till

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

the end of time.

00:25:53 --> 00:25:55

For example, what if it's medical marijuana?

00:25:56 --> 00:25:58

Wait a minute. Is America is marijuana included

00:25:58 --> 00:25:59

in this virus?

00:25:59 --> 00:26:01

What if it's prescribed from a doctor? What

00:26:01 --> 00:26:02

if it's not?

00:26:03 --> 00:26:05

Right now we just did like 4 questions

00:26:05 --> 00:26:07

that are nowhere to be found in the

00:26:07 --> 00:26:08

text. So how you gonna make it work?

00:26:08 --> 00:26:10

What do you have to negotiate here?

00:26:10 --> 00:26:12

You have to negotiate something that's

00:26:12 --> 00:26:13

ambiguous.

00:26:14 --> 00:26:16

How do you do that? A methodology.

00:26:18 --> 00:26:19

There's a method to the madness,

00:26:20 --> 00:26:21

right, as they say.

00:26:21 --> 00:26:22

So

00:26:23 --> 00:26:25

there are several questions here because of people's

00:26:25 --> 00:26:26

actions and experiences

00:26:27 --> 00:26:29

that demand a more precise application of the

00:26:29 --> 00:26:30

commands.

00:26:31 --> 00:26:32

Can the faithful engage in other types of

00:26:32 --> 00:26:33

intoxicants?

00:26:34 --> 00:26:35

It wasn't mitzukkah.

00:26:36 --> 00:26:38

They didn't they weren't doing shrooms

00:26:39 --> 00:26:40

in Arabia.

00:26:41 --> 00:26:43

They didn't have meth.

00:26:46 --> 00:26:48

That's you applying a methodology.

00:26:49 --> 00:26:51

I agree with that methodology, but

00:26:51 --> 00:26:53

is that in the text or outside of

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

the text?

00:26:54 --> 00:26:55

Outside of the text.

00:26:57 --> 00:26:59

Can the faithful engage with other types of

00:26:59 --> 00:27:01

intoxicants outside of prayer?

00:27:02 --> 00:27:03

Well, it's not prayer time.

00:27:04 --> 00:27:05

Someone's gonna say this ayah is Mansurah.

00:27:06 --> 00:27:09

That's correct. It's abrogated. But what did you

00:27:09 --> 00:27:10

use to understand it was abrogated?

00:27:17 --> 00:27:19

Let's just avoid all types of intoxicants.

00:27:21 --> 00:27:24

Or is the prohibition specific to alcohol only?

00:27:24 --> 00:27:26

As I said earlier, what if a person

00:27:26 --> 00:27:28

is prescribed drugs that cause intoxication?

00:27:29 --> 00:27:31

What if a person repents when the time

00:27:31 --> 00:27:33

for praying is running out, but they're still

00:27:33 --> 00:27:33

drunk?

00:27:34 --> 00:27:35

So what if someone's intoxicated and they have

00:27:35 --> 00:27:38

an epiphany, which could happen depending on the

00:27:38 --> 00:27:40

type of intoxicated. Right? And they're like, oh,

00:27:40 --> 00:27:42

lie. Forgive forgive me, but then they need

00:27:42 --> 00:27:43

prayers. Don't come to prayer while you're drunk.

00:27:43 --> 00:27:44

What do they do?

00:27:46 --> 00:27:47

And so on and so on and so

00:27:47 --> 00:27:49

someone goes to the hospital, they get

00:27:49 --> 00:27:50

anesthesia

00:27:50 --> 00:27:52

and so on and so on and so

00:27:52 --> 00:27:53

on. If you're like me, when I lived

00:27:53 --> 00:27:55

in New York City, you could just walk

00:27:55 --> 00:27:57

through a park and you might get contact

00:27:57 --> 00:27:59

high and so on and so on and

00:27:59 --> 00:28:00

so on.

00:28:00 --> 00:28:04

These questions don't stop. They will never stop.

00:28:04 --> 00:28:06

And they shouldn't stop. And that's why it's

00:28:06 --> 00:28:09

important to encourage people to ask questions because

00:28:09 --> 00:28:10

it refines you as a jurist

00:28:11 --> 00:28:13

and makes you more of a public intellectual

00:28:14 --> 00:28:15

instead of an academic

00:28:15 --> 00:28:17

who may not be unless you want to

00:28:17 --> 00:28:19

be. That's fine. But it's not gonna be

00:28:19 --> 00:28:21

able to, like, necessarily serve the peep you're

00:28:21 --> 00:28:22

caught up in theory, not caught up in

00:28:22 --> 00:28:23

people.

00:28:23 --> 00:28:25

And there's room for both here.

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

As religious texts encounter real life situation,

00:28:29 --> 00:28:31

their application becomes more complex.

00:28:32 --> 00:28:34

That's why sometimes if you read ancient film

00:28:34 --> 00:28:36

books, he says it's so simple.

00:28:36 --> 00:28:37

They didn't have Bitcoin.

00:28:39 --> 00:28:41

They didn't have all of the issue. Now

00:28:41 --> 00:28:43

history has recorded so many things for us

00:28:43 --> 00:28:44

to become more more more complex.

00:28:46 --> 00:28:48

So as time has gone,

00:28:49 --> 00:28:52

issues become more complex. And Ousulao Feltk addresses

00:28:52 --> 00:28:53

this issue by identifying

00:28:54 --> 00:28:55

acceptable sources.

00:28:56 --> 00:28:59

What Suren, I'm so happy started with it.

00:28:59 --> 00:29:02

She started with the sources, the roots. What

00:29:02 --> 00:29:04

can I use for this?

00:29:04 --> 00:29:06

What informs the methodology?

00:29:07 --> 00:29:09

What am I using as a reference point

00:29:09 --> 00:29:12

to bring a ruling into a situation where

00:29:12 --> 00:29:12

there is

00:29:13 --> 00:29:15

ambiguity or confusion or a lack of text.

00:29:20 --> 00:29:23

So Olsula Fekt addresses this issue by identifying

00:29:23 --> 00:29:24

acceptable sources

00:29:25 --> 00:29:25

of evidence

00:29:26 --> 00:29:28

and providing a system that allows these texts

00:29:28 --> 00:29:31

to be applied to the various human experiences

00:29:31 --> 00:29:34

that demand their application. Imam al Shafi'i has

00:29:34 --> 00:29:35

a great quote.

00:29:36 --> 00:29:36

He says,

00:29:42 --> 00:29:44

He says that religious texts are limited.

00:29:49 --> 00:29:51

But the actions of people aren't.

00:29:51 --> 00:29:52

So there has to be and then he

00:29:52 --> 00:29:54

says more of this paraphrasing.

00:29:54 --> 00:29:57

I heard from this doctor Kamal Iman, Alaik

00:29:57 --> 00:29:58

Hamo Iman.

00:29:58 --> 00:30:00

There has to be a system to keep

00:30:00 --> 00:30:02

the heavens and the earth functioning, meaning

00:30:02 --> 00:30:03

Ibadah

00:30:05 --> 00:30:05

and life.

00:30:07 --> 00:30:09

A system that's saying al Shafi, particularly he's

00:30:09 --> 00:30:10

talking about

00:30:10 --> 00:30:12

sharia, but what he means is.

00:30:13 --> 00:30:14

What's the method?

00:30:15 --> 00:30:16

How do you take texts that are limited?

00:30:16 --> 00:30:18

There's only 500

00:30:18 --> 00:30:20

of Quran. Some say 300.

00:30:20 --> 00:30:22

How do you take 5 to 300 verses

00:30:22 --> 00:30:24

and keep them applicable to the end of

00:30:24 --> 00:30:24

time?

00:30:28 --> 00:30:31

I need power function. It I have a

00:30:31 --> 00:30:32

configuration like you, Leo.

00:30:33 --> 00:30:35

Projecting the volume on the 3 g plan,

00:30:35 --> 00:30:36

but they

00:30:38 --> 00:30:39

Yeah.

00:30:40 --> 00:30:41

It's very empowering,

00:30:42 --> 00:30:44

very liberating. And we as Muslims, we have

00:30:44 --> 00:30:46

a mandate. This is called Kamala and Islam

00:30:46 --> 00:30:47

stuff

00:30:47 --> 00:30:49

where people just argue about meat, music, mortgages,

00:30:49 --> 00:30:52

and this and that. Go to Andalus. Go

00:30:52 --> 00:30:53

to Mallorca, the islands.

00:30:53 --> 00:30:55

69% of the water that comes to them

00:30:55 --> 00:30:57

were built by Muslim engineers in the 10th

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

century. They want to argue about how long

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

your Thalb is.

00:31:01 --> 00:31:03

A a a defeated community

00:31:04 --> 00:31:05

turns particulars

00:31:05 --> 00:31:07

into the big issues.

00:31:07 --> 00:31:09

Because it doesn't have a mandate. It doesn't

00:31:09 --> 00:31:12

feel confident. W did Du Bois talked about

00:31:12 --> 00:31:14

double consciousness. It's a double consciousness when when

00:31:14 --> 00:31:17

us that we have to stop thinking about

00:31:17 --> 00:31:19

making other people happy not in the sense

00:31:19 --> 00:31:19

of irresponsibility.

00:31:20 --> 00:31:22

But we also have religious obligations, like to

00:31:22 --> 00:31:24

bring good to people. Look at DC now.

00:31:24 --> 00:31:26

People dying every day getting shot.

00:31:26 --> 00:31:29

We have a methamphetamine problem, I believe. You

00:31:29 --> 00:31:30

know, across the country, we have many physicians

00:31:30 --> 00:31:32

open up clinics. Look at Muslims do a

00:31:32 --> 00:31:34

great work, It's a mandate for goodness.

00:31:34 --> 00:31:36

I wanna argue about that. Okay. Bye, man.

00:31:36 --> 00:31:38

I remember Mohammed Al Ghazali

00:31:39 --> 00:31:40

in, made Al Mustafa Mahmoud

00:31:41 --> 00:31:43

in Egypt. He would sit every Friday, Magin's

00:31:43 --> 00:31:45

great scholar, one of the greatest scholars of

00:31:45 --> 00:31:47

his time in the nineties before he died.

00:31:47 --> 00:31:49

And he would sit in that masjid and

00:31:49 --> 00:31:51

answer questions for people. So there will be

00:31:51 --> 00:31:52

a line, man,

00:31:52 --> 00:31:54

out the up all the way outside. There'll

00:31:54 --> 00:31:56

be a lot of people. And people come,

00:31:56 --> 00:31:57

can I do this with my finger? Can

00:31:57 --> 00:31:58

I he's like, oh, yeah? Yeah. Yeah. Yeah.

00:31:58 --> 00:31:59

Okay.

00:32:00 --> 00:32:01

No problem. No problem. No. These questions people

00:32:01 --> 00:32:03

asking him. Right? They're important to them, but

00:32:03 --> 00:32:06

he knows these are issues where people negotiate

00:32:06 --> 00:32:06

in ambiguity.

00:32:08 --> 00:32:11

But then my teacher, Sheikh Islam from Libya,

00:32:11 --> 00:32:13

he told me, doctor Islam now,

00:32:14 --> 00:32:16

that a woman came and said, Sheikh, I

00:32:16 --> 00:32:17

was told it's haram for me to work.

00:32:17 --> 00:32:19

You know what he said? Sit down

00:32:20 --> 00:32:23

and tell me the story. My husband died.

00:32:23 --> 00:32:24

I don't have a wadi. I'm taking care

00:32:24 --> 00:32:26

of my kids, and people told me it's

00:32:26 --> 00:32:28

harang for me to work. Look look how

00:32:28 --> 00:32:29

he understands, man.

00:32:29 --> 00:32:32

The understands. Even Tamir said the is the

00:32:32 --> 00:32:33

one who knows

00:32:37 --> 00:32:38

The is the one who knows the best

00:32:38 --> 00:32:40

of 2 best, the best of 2 worsts.

00:32:40 --> 00:32:41

That's the.

00:32:43 --> 00:32:44

Cocomel in Islam, man.

00:32:45 --> 00:32:47

And and we really have to appreciate how

00:32:47 --> 00:32:49

now, especially with social media

00:32:49 --> 00:32:52

and memes I mean, it's really trivialized now.

00:32:53 --> 00:32:55

Really trivialized. It became very simplistic

00:32:56 --> 00:32:57

where Muslims

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

went in places and governed.

00:33:01 --> 00:33:03

And they didn't govern with power only.

00:33:03 --> 00:33:06

They governed because they brought value to people.

00:33:06 --> 00:33:08

49% of the I just came from it.

00:33:08 --> 00:33:10

49% of the people in Andalus

00:33:10 --> 00:33:13

who became who were Muslim were people who

00:33:13 --> 00:33:14

embraced Islam,

00:33:15 --> 00:33:16

not just for spirituality.

00:33:17 --> 00:33:18

Some of them were Muna f Yaqun,

00:33:19 --> 00:33:22

but they found economic value, political utility, social

00:33:22 --> 00:33:24

utility, cultural value.

00:33:24 --> 00:33:26

Their life became better.

00:33:27 --> 00:33:29

Now when people come with a modernist Muslim

00:33:29 --> 00:33:30

state, the first thing they want to do

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

is stone people, take slave girls, you know,

00:33:33 --> 00:33:35

and you and they wonder why it doesn't

00:33:35 --> 00:33:36

work for them.

00:33:37 --> 00:33:39

It's Kokamela stuff, man.

00:33:39 --> 00:33:41

Muslims came into societies

00:33:42 --> 00:33:45

even in Andalus after everything that happened. Right?

00:33:45 --> 00:33:47

They still have every words. Barqiyat is the

00:33:47 --> 00:33:50

most famous food in in Andalus. Barqiyat means

00:33:50 --> 00:33:51

leftovers.

00:33:53 --> 00:33:55

You still find they have a statue of

00:33:55 --> 00:33:56

a Brahman al Awadahir.

00:33:57 --> 00:33:58

They built it because they recognized.

00:34:00 --> 00:34:02

Yeah. I was in an Uber

00:34:02 --> 00:34:04

a week ago. This Spanish guy started telling

00:34:04 --> 00:34:06

me, I wish the Moor stayed.

00:34:07 --> 00:34:09

I was like, that's a long time ago.

00:34:09 --> 00:34:11

Why? I said, man, they brought value to

00:34:11 --> 00:34:13

our life, art, culture, talent.

00:34:15 --> 00:34:17

Right? And and we gotta be very careful

00:34:17 --> 00:34:19

that we are particularizing our religion in a

00:34:19 --> 00:34:21

way where we make things that are negotiable

00:34:21 --> 00:34:23

and nonnegotiable and the nonnegotiable is negotiable and

00:34:23 --> 00:34:24

we forget our mandate.

00:34:26 --> 00:34:29

So is gonna force us to be kinda

00:34:29 --> 00:34:31

at a 30,000 foot level.

00:34:32 --> 00:34:33

And that's why I say you can tell

00:34:33 --> 00:34:35

someone who studied it and someone who hasn't

00:34:37 --> 00:34:38

by what they prioritize.

00:34:40 --> 00:34:43

So Imam Al Haramain, he he echoes the

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

statement of a sheikh. He says,

00:34:54 --> 00:34:55

He said the text of the Quran and

00:34:55 --> 00:34:57

the Surah are limited and finite,

00:34:57 --> 00:35:00

and the occurrence of consensus is quantifiable and

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

catalogued.

00:35:01 --> 00:35:03

Ijma'a is limited. It's rare as we'll talk

00:35:03 --> 00:35:05

about. Actually, sometimes a red herring to stop

00:35:05 --> 00:35:06

people from talking.

00:35:07 --> 00:35:08

You have time to get to it.

00:35:09 --> 00:35:10

However, life is continuous,

00:35:11 --> 00:35:14

and events have no end till

00:35:16 --> 00:35:18

Our belief is that no event is without

00:35:18 --> 00:35:19

a judgment from Allah.

00:35:20 --> 00:35:22

In other words, you gotta stay busy. The

00:35:22 --> 00:35:23

mind has to stay active

00:35:25 --> 00:35:26

derived from the principles,

00:35:27 --> 00:35:28

you said it in the very beginning, of

00:35:28 --> 00:35:29

Islamic law.

00:35:30 --> 00:35:32

In essence, he is highlighting the importance of

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

understanding

00:35:33 --> 00:35:34

that religious texts have limitations,

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

meaning in their number, not in their application.

00:35:39 --> 00:35:41

But the situations they address are boundless.

00:35:41 --> 00:35:44

Well, Soderfelt provides the framework

00:35:45 --> 00:35:47

that is necessary to bridge the gap between

00:35:47 --> 00:35:48

religious text

00:35:48 --> 00:35:49

and human actions.

00:35:51 --> 00:35:53

And that's a very important phrase.

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