In The Court Of Dawood And Sulaiman

Yaser Birjas


Channel: Yaser Birjas

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AI: Summary © The speakers discuss the history and use of the Sharia in relation to court cases, including the case of a woman who claimed to have held her child in her hand. The speakers emphasize the importance of holding a mother-about in shaping one's opinion and behavior, and the need for people to have different opinions to make decisions. They also touch on the use of sharia and the importance of understanding the context of one's opinion.
Transcript ©
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Alhamdulillah Romina Salatu was Salam ala Nabina Muhammad Amala you also have your seldom at the Sleeman Kathira mama bad. Tonight our Hadith from Riyadh Saudi Hain the book of miscellaneous hadith of significant values, one of those interesting stories of prophets that I mentioned about the Prophet, the hood and his son Solomon,

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and their judgment in regard to a specific case and anecdote, Hadith number 18 27.1, Abiraterone the Allahu Anhu semi rasool Allah has sallallahu alayhi wa sallam echoed currently Murata aneema Huma, Huma

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for call it a Sahiba Tia in NEMA The Habeeb Nick, we'll call it okra in nama. There have been Nick. So the story goes on the prophets. RSM says here, there were two women at the time of their own Ali salaam, two women each had her child with her. A wolf came and took away the child of one of them. So one woman said to their companion, the wolf has taken your son. The other one said no, it has taken your son. And it's our argument.

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Sir arguing about that child whose child was that right? Today people that said take him, okay.

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I don't want this child anymore. Understand, but back then she was fighting for it. This is my child. It won them says my child. And they're arguing over that the child worker for the Hakama Isla del Sol they want to do that is Salam Forcados behavioral couvre the old Ali salaam gave his judgment and he has a judgment that the child should be given to the older lady.

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For her Allah Tala Suleiman on the way out so a man was the eldest son his son

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Bharata. So they told him you know what happened? For quarter two and he was seeking Give me the knife says, Give me the knife. I will cut them in half so each one will have half.

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So the younger one she said to cut Atlanta for the hamlet of Allah to fall for hammock Allah, may Allah have mercy on you don't do that. Please give it give it to her. Give that child to her. So he gave it the child to the younger one.

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How come?

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Because that was a mother's love. She goes, You know what I'd rather him survive with her than I lose him completely. By current killing him basically. So should give him give him to her. So that was our ceramah instead, he's yours then? Because the other one kept quiet.

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Why is that? In the kinders was not her child. So let's try to analyze the story right now. So the prophesies MSN that two women have the child that their children with them? I mean, today would say, Are you kidding me? How can I recognize your child, and we want to be easy to organize who your child is? Well, Allahu Allah, at what age these kids were at that time, maybe they were infants, probably. And sometimes of 100 infants, you can't even tell the difference.

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Especially if they're newborns. So that's one of the situation that probably was confusing for them. However, the younger one should recognize And subhanAllah mother's instinct, usually sometimes even you can smell your child's panela like what happened with us valleys, ceremonial COVID. Father, right. The frankness of a child. So eventually, she said that that's my child. And she she can tell he was that her child, the older one you probably in her heart that wasn't her child. And that wolf took took away her child. But obviously, maybe jealousy, maybe desparation, Kelco, whatever you want to call it, she wanted to have, that child will have for whatever reason, she wanted to have that

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child because she needed to have a child. Now when they want to, eventually with that argument, they had to go to the with Ali Salaam and ask for his judgment. So that will that is?

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How can I be healed? couvre he gave him to the older one. Let's try to analyze this. Why do you think that though? That is Salaam? He gave that chart to the older one. Now the Prophet saw some did not give us any details. He said there would just give the child or actually he is his judgment was he's yours to the older one. Why? What could that be for?

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Maybe she had better argument. She was very articulate that she was able to explain her case better than the younger one. That's one interpretation another one

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that's another way of saying it say that would say maybe look,

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you're younger, you're still younger, you can have other babies. This one had a chance with us over so we'll give them to her. What else?

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She might have cried more than the younger one. I doubt that.

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So he knew the older one didn't know the younger one. Now there's another reason for that.

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The older one might need help, you know sooner than the younger ones. So therefore we'll give her help with that child. Oh

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All these are valid reasons in terms of the amount mentioned them as possibilities. But the number one reason for them to say that actually he rolled it for her because she was carrying the child.

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She had the child in her hand.

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So if she had the child in her hand, who's responsible to provide an evidence that No, it's mine?

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The other one,

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and the other one seems that you could not provide any evidence to say that it's my job today, it's easy. You go to do DNA analysis now. That's it, we're done. But back then there was no such thing. So what are you gonna do, you're gonna just grab the baby look in the face, look, another face tried to compare them his years. That was a forensic evidence back then. Subhanallah this handy? So the contemporary scholars, they say that this is a proven evidence that it's okay to use forensics, as evidences in court. Because if you read the classical works of folk, they don't really appreciate much of this forensics at that time back then, like, for example, fingerprints, and all that stuff,

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and so on, they wouldn't be considered in it as part of the evidences. But this is another evidence that, you know, you can use for instance,

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and you can, you can look at things and see how it works. Also from the store of jacobellis Ram, you know, the story when when they ripped his shirt, so there was ripped from behind the front the front, also forensic evidences that were proven to be used in the in court. So here, he told that he said that since it's in your hand, probably, then Okay. Can you have it for the younger one? Do you have a proof that it is your child, because she obviously she's holding the child right now. So she looks like she's the mother. Once you prove that he's your child. She couldn't provide any proof.

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And as a result is okay. That is yours, because it's already in your hand.

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On the way out, they met with Mrs. Sarah. Now, wait a minute here.

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If the judge gives us a decree, we shouldn't be final.

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How come then on the way out, they met Suleiman says, Look, your father said so and so what do you say about this?

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And he says, Okay, fine. Give me a knife. Let me let me finish it and give each one of you half of this child. So how come Sorry, man, after hearing that his father made his judgment, He now makes another judgment over his and law, it's not actually acceptable, unless, of course you appeal. And then with the appeal, you have to go through the process and all the stuff and so and eventually, probably, you might go to the Second Court circuit, and third and until it goes to the highest level. So how come this is the case was that it was okay for him to do that? So LMI they get a different reputation. Some they say and their law back then it was okay. It wasn't you can't you can

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easily do that. Negate adjustments from a previous court, for example, some Allama. They say no, it's not wasn't the case. We get that who did not give a ruling. He gave a fatwa

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and an effort to ah, you can give another fatwa to negate the other move this opinion? That's okay. It's a matter of opinion. But the most most actually, accurate opinion is that the old Alex CERAM gave his judgment based on HD hat. It was not based on nos, which means it wasn't a ruling came from Gibreel. Telling the word Look, that's hers. If it was NUS, and textual evidence of proof, you have absolutely no right to negate the judgment that was based on an evidence from the Quran and the Sunnah of the Prophet said Allah says, but since it was a jihad, which means a human reasoning, and human understanding, it's okay, you can negate that if you have a better st had that will make more

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sense than the previous one. And that's obviously it's acceptable also, among the older man and a scholar so that

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he gave his best judgment based on his on his evidences, he saw that she was holding the baby. The other one could not provide any evidence or proof, he says, Your case is yours. What can I say? But then the Manolis rom here, a nice beautiful trick.

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And he just kind of like try to, you know, when you when you get when you start talking to the witnesses, and, and the criminals and so forth, you talk to them in a way to produce testimony to produce sometimes confession from them. And that's what he did. He just provoked the two parties to see who is going to show more compassion, more motherly instinct that will qualify to be the mother. And obviously, the younger one was the one who proved to be the mother, because she said, You know what? Keeping her hand is fine. I'm fine with that leaving, she can keep him because of kinesio taping, because the older ones just kept quiet. Because if my my son was gone, I'm okay with another

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one to go away.

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Is not mine. Right. And that was the fitna of Solomon Arisa and that's what Allah subhanaw taala dimensioned about the Odin Solomon both of them in the Quran again, for ham nasally man, we give better understanding to Solomon Alice parlato. That is CERAM was strong in in his in his physical power and might. He killed the tyrant

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and that sort of a man's paella give him a sound judgment and a better judgment understanding of these matters well loved and so just basically kind of an anecdote the professor's I'm sure was about how the Anima how them be themselves. They also have different level of fitna of understanding of things Wallah any questions

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in a society there is a ruling by a bigger share, and then a low level share on King as

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somebody who's at a lower level

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than other earlier decision, what happens to the rule of law? So the question is about if we have two layers of lawmakers, a higher authority and a lower authority, higher mufti, Lord Mufti. If the higher Mufti gives a fatwa, and then the lower Mufti do they have a right to negate that fatwa given their de facto on the matter? It depends. If the higher authority is an authority, meaning they have the absolute authority in the state, to give these fatwas, as long as they are given the fact that within the the framework of the Sharia, they will respect the decision becomes a state law. That's it. No one has the right to negate that state law. Do they have the right to voice their opinion?

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Yeah, we can never suppress the difference of opinion mandorla the animal will always have differences of opinion because it's a matter of human understanding and human capacity. But once an opinion was adopted as a state law, everybody has to obey

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even if it's not my opinion, I have to obey that wala na.

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And Islamic Society obviously this is the case and now

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So if you're talking about between David and Solomon or between previous prophets

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look, in terms of the Gambia they were invaluable in matters of the delivery of the Sharia the delivery of the help of ALLAH SubhanA wa Tada and fell, but they didn't make mistakes. But in terms of their dealing with people, it's not that they weren't making mistakes. Allah subhana wa Dhana allows them to make he had that sometimes it's wrong, in the sense wrong, who said basically colorful, I would almost say like, there is something better than that, for us to learn that they're humans. And number two that Allah wants to wish they had and the possibilities of human reasoning. And the human reasoning could be could be correct could be incorrect. Like even the Prophet

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sallallahu wasallam. The Prophet sallallahu Sallam for instance, he made certain choices like when they went to better and he made his choice about the location where he's going to take his camp in the battlefield. However, when that came to the Prophet Salla, salam, ala Rasulillah min, zero and zero Kahala, I'm here hardboard Makita? Is that a location that have been chosen, chosen by divine intervention from Allah? Or is that that's the strategy of war? The Prophet says, No, I think it's a surge of war like this is a good location. He said, Okay, there's a que sera, sera, Allah, I have a better location for you. And I gave the suggestion and the Prophet SAW Salem, he forfeited his

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position and took the other position because it made sense. It actually was better decision. That's one example. But then there's another action in terms of Shara like practicing something from the deed. When the Prophet Salah Salem, he chose to

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consult with over Casa de anima, kappa in regards to what we do with the prisoners of war and better. And Omar says finish them. And our Casa de toda la Solara him, they're still relatives so we can learn from them. And the Prophet says I'm lean towards overcrossing gives opinion but Allah Subhana Allah in the Quran revealed that it's not you shouldn't be doing that hazard you haven't already given your judgment and you give them your word for it, you should not have done that you should have finished them. So again, he was corrected and divine intervention. So that we learn that he had is allowable and can be wrong and can be right. But the Prophet SAW said he had no matter

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what was always sanctioned by ALLAH SubhanA wa Tada which means even with a prophet sasm said something that is supposed to be something else Allah would have already corrected in terms of Allah Allah wa salam O Allah Now

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what those two when it says we'll talk about that qualified Mr. Dean, can we give him a microphone to the sisters the questions of whether the

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Texan semi

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so the question is, the SDR is not for the layman. When we talk about this Jihad here we talk about people of authority, so a man and who are a master and their profit, they were Ambia and they have the authority to make some

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jihad in our time, who are those who are qualified to make us jihad? Obviously when it comes to the matters of the OMA, that's for the highly qualified dilemma and scholars, but for us individuals, the average person is to have between different opinions

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the lesson from this is to ha

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from this hadith what did I learn from this hadith for you?

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What lessons they learned from this hadith

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you always have to make a lot of reason and you have to use your human intellect to discuss to make judgment in this matter what else

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difference of opinions okay, that could happen even among the most knowledgeable people. What else? Well Falcone the element Eileen, above every knowledgeable person, there's someone who is

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more knowledgeable. So never ever think that you are the most knowledgeable or your teacher is the most knowledgeable. Always allow yourself to explore and try to understand what the other opinion means or where it's coming from. Walla Walla? Yes.

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So I was wondering if changing someone's opinion or not going from one person's issue head to another.

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It's almost like photoshopping so how come this isn't considered that? That depends on the depends on the intention. If the person is just trying to look for the easiest opinion or the exit out of things, so he keeps shopping every time every time a new imam or new chef come to the masjid they ask the same question. He or she does okay to eat the halal the meat from work, for example, from Walmart? Or can I eat Chick fil A for example? Every time a chef comes after us this question until we get that share hotels you Bismillah Alhamdulillah

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Dani all these 20 Imams who said no, just you got the one who said yes, hello, that's photoshopping. But if someone is going with a different opinion based on to the best of their judgment in regards to the solid, the opinion, the evidence is the proofs. Not because I feel comfortable with this, or I like to smile, for example. Now that's another reason why we follow different opinions. That Well, you might say, but look, I don't even have the ability to judge these things. I'm very, very basic. If that's the case, then stick to an opinion with one scholar and that's it move on.

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But if you have a level of knowledge, what qualifies you to understand why this really might say what they say? What's the basic of also that they have? And why this opinion for example, the evidence is solid for example, it's okay to follow from one open to the other one development in the past. That's what they did before. Before the establishment of the four muda four schools of thought it was fluid, scholars have liberty of studying with different aroma different scholars they never ascribe to one particular school of thought are always actually fluid. It wasn't until later on when things solidified and these schools became kind of like standards that whenever they start saying

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look is too hard is right now closed. Just follow one opinion and you should define Allah I hope it's clear inshallah.

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You go to a conference, your Hanafi you don't combine between the Salawat but then they call the rasa. Do you join them or not?

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Where are the 100? who's

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like, I became Chevier on this one, right?

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Follow the jemar. Just follow the Gemma. That's a fifth opinion. It's not a matter of Islam or coco.

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You follow the Gemma and that's better for you than following any Filipina Wallah. Now

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as part of Colombia 100

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