Channel: Yaser Birjas
Bismillah R Rahman r Rahim al hamdu Lillah wa Salatu was Salam ala rasulillah Allah, Allah, he was a happy woman, voila, Am I bad?
We hold these truths to be self evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive to these ends, it is the right of the people to alter or abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. These words are the beginning words of the
Declaration of Independence penned by Thomas Jefferson, they have been ingrained in us since childhood, they are considered the cornerstone of what it really means to be American. But very few of us truly understand how dramatic these words were, when they were penned. And how radical a shift that they called for in their times. These words might have been self evident to Thomas Jefferson, and to the other founding fathers. But they were not self evident to most people in the Western world. In fact, for medieval Europeans, men were not created equal, rather, the circumstances of their birth and their rank repre determined by God, and it was the circumstances that place them in
a very specific niche in what is now called the Great chain of being, you are not equal, depending on who your father was, depending on your social status and your social rank, this would dictate the rest of your life. The king, of course, sat at the great at the at the top of this great chain of being, and there was no human authority over him, no law could be dictated to the king, the king was the law, no government, no constitution could tell the king what to do. And of course, noblemen had their position, farmers and laborers had their position, and so on and so forth, to challenge the status quo, to challenge the king to a code higher than the king. This was considered blasphemy. And
it was, of course, the basis of launching the French Revolution and other modern phenomenons of our times. So the question arises, how did this radical shift take place, this fundamental reorganization of human rights that for 1000s of years, medieval Europe had what is called the Great chain of being, and then Thomas Jefferson comes along, and he basically proposes What are you guys doing all men are created equal, all men have the right to pursue life, liberty, and the pursuit of happiness? My argument in this lecture is that the Islamic concept of law, and in more particular, more specific than the costs of the media played some role, perhaps a minor one, perhaps a major
one, I'm not going to discuss the level of role that's something that more detailed talks need to discuss. But my basic premise is that insha Allah, our philosophy of religion, our understanding of law, impacted Western civilization and led to what is now the Constitution of our government. And in order to understand this, we need to understand what exactly is mocassin what exactly is this topic called Mikasa the Shetty I which is the advertised topic here this is that MacArthur MacArthur Shetty I have a role to play in defining life, liberty and the pursuit of happiness. Mufasa Shetty is the knowledge of the goals that the law giver has taken into account when formulating laws. What
is the goal of this law? What is the purpose of the law? What is the wisdom that the law aims to achieve? This is what meqasa the Sharia basically entails? And this branch of knowledge is a very crucial branch for jurists, for people of law for Islamic lawyers, and mastery of this branch separates the heavyweight lawyers from the lightweights. If you understand this branch, which is the goals of the Sharia, you will excel over all of your peers. And like all the sciences of Islam Mikasa the Sharia has its own history, which we don't want to delve too deeply into. But the point is the Quran and Sunnah is very clear about the wisdom and the laws and the reason why laws have
been derived. For example, in pseudo Baba verse 185, Allah says, you read the law who become looser, Allah wants to make things easy.
Well, are you ready to become a loser Allah does not want to make things difficult. This is one of the goals of the [???]tier. To make things easy for us. Allah wants to make things easy and does not want to make things difficult. In sudama, either verse six, Allah says, Allah does not want to put conditions and limits and restrictions on you, but rather Allah wishes to purify you and to perfect his favours upon you. The purpose of the laws is not to burden but to purify. The purpose of the laws is not to restrict to make you feel like you're trapped in a cage. But these laws are for your own good to purify you. Likewise, the Quran in certain dimensions, very specific goals for certain
acts of worship. For example, why do we pray? What is the goal of prayer? What is the purpose of prayer? Allah says so in the Quran, what outcome is salata the decree? The prayer has been established so that you can remember me by it. Allah says in the Quran, in a salata, tenha and in fact, Shaolin monk carry word buddy. Prayer prevents you from falling into lewd deeds and from sins and from transgression. So Allah has told us to pray, but he's also told us the wisdom of prayer. This is the mythos of the Sharia. This the prayer is the Shetty are the prayer is the law. What's the purpose of the law? What's the goal of the law? Is it merely to bow down up and down and say
certain rituals like a parrot? No. There's a reason. And of those reasons these rituals remind us of Allah. These rituals make us better human beings. These rituals prevent us from falling into sin falling into evil. Likewise, Allah azza wa jal has told us the goals of the Islamic economic system of these goals. Allah subhanho wa Taala tells us in the Quran about charity about zakat. Surah tober, verse 103, that giving the cap purifies your money and cleanses you through it. leotta hirako giving Zakat makes your money pure for you. In another verse sort of Hesher, verse seven, Allah tells us that of the goals of giving zeca li Kayla Hakuna dolla dolla tambien linear income, so that
money does it remain a commodity that is transferred amongst the rich only. You see in a capitalist system, the rich get richer, and they continue to get richer. And I think we have all realized this in the last year with the financial crisis. Okay? The goals of the shediac is no, the rich don't just get richer. You don't just transfer money between the rich Allah says one of the reasons why I have instituted Zakat and charity and the whole prohibition of interest and whatnot, so that this is a verse in the Quran. So that commodity is simply not transferred amongst the rich amongst you. This is a goal of wisdom. Therefore, when modern Specialists of Islamic finance sit down to negotiate
what is headed what is how long, they must keep this goal in mind, is this contract guaranteed to make the rich richer. Is this contract simply a transfer of wealth between rich people or is there genuinely a sense of society a sense of help that is being given to to mankind? So we find you that the Quran and Sunnah are very clear that there are wisdoms, there are goals, and the Sahaba understood those wisdoms. And that is why when one of the first crises came, which was the loss, or the potential loss of the Quran, the Sahaba came together. And they basically said, they didn't say this, but they said intellectually, one of the goals of the Sharia is to preserve the religion, we
need to preserve the religion. And the only way we can preserve the religion is by compiling the Quran in a book, even if our association did not do so the goals of the religion dictate that we must preserve the Quran in this manner, even if the prophets or some himself did not do so. So we find here the genesis of Mufasa, the Shetty clearly in the Quran, in the sooner in the actions of the Sahaba. And of course, later on medieval scholars, they continue to, to elaborate on the field, one of the first significant authors was Oh, God, and then his students, I love azali. And then the two main heavyweights of mocassin, or even abdus, salaam and a shot to be is it even abdus salaam
and a shout to be and a shout to him, his book has been translated into English as well, many portions of it, and you can read a lot of what he has to say these are really the people who gave mocassin the primary characteristics that it has, and of course, I have to mention my own mentor that always go back to pay me a share for somebody to pay me. Even Tamia is one of those scholars who utilizes my person very frequently in his fatawa in his writings, and one of the biggest dimensions that even Tamia added that no scholar before him added were the spiritual dimensions of the mocassin not just the physical, but the spiritual. And so even Tamia would always bring up and
say, Okay, well, of the physical mocassin is, for example, peace, or, for example, establishing justice on Earth, but there's a spiritual master as well. And that is to venerate Allah subhanho wa Taala. That is true.
Have servitude to Allah, that is to simply understand that you are a creative being that must obey your perfect creator. And so he always brings up the spiritual side of mocassin. And that is Allah and His names and his attributes, and these mocassin these goals, they have a number of characteristics that help us appreciate and understand them. These mocassin show us that a laws, laws have a divine wisdom and purpose to them. They are not random laws that are just simply put there to make life difficult for us. It shows us that Allah is a hockey game, what is the meaning of a hockey team, and hockey means the one who is all wise, nothing is done by an Hakeem except there's
a wisdom behind it. And when we understand them accosted, we understand Allah's wisdom. These mocassin also help us understand our own humanity, they are in sync with our own human nature, our own fitrah, they bring out the humanity in us the mocassin. These mocassin are universal, they don't change from time to place. They don't change from people to people, they don't change from era to era. They are universal, because humanity itself is universal. And these concepts are complimentary and not contradictory. Each of these mocassin helps the others and does not conflict with it. These mocassin they bring about a higher sense of justice, a higher calling for men, they raised us from
an animal level to that of a human. Allah says in the Quran, well, apotheca, Rama, Benny Adam, we have shown honor to the children of Adam, and it is through these mocassin that we understand and realize we are not animals on earth, we have a greater goal and purpose.
The question arises, what are these mocassin? Well, I don't want to lecture you a long detailed lecture about mecosta because firstly, the time constraint will not allow us to do so secondly, Shasta Burgess teaches a class just on wakasa that I don't want to trade in his territory. And he's definitely the experts about mock classes there. And thirdly, of course, the time does not permit us but what I want to do is give you in a nutshell and if you have pen and paper this might come in handy. If to give you in a nutshell, what are the primary mocassin shediac.
There are three levels of mocassin
there are three levels of makkasan.
The first of these are called the essential or the necessary goals of the [???]tier. These are the essential goals without which life on Earth basically will not function normally. The second of these is a lower level, we're going to come back to them. The second of these are the supporting needs of mankind Hadji yet. And the third of these are the embellishments that Kamali yachts. So there are three levels of mocassin the highest level the necessary goals, or the essential goals, the second the supporting goals, and the third the embellishments. Let us now talk a little bit about each one of these just in a few minutes. The essential or necessary goals this is crucial. Now
this is where we're going to come back to when we talk about the Constitution.
There are five primary goals around which the Shetty revolves, five primary essential goals. Number one, the protection of religion, every single person must worship Allah properly to their level, nobody can infringe on that right to worship Allah, nothing can come between you and the worship of Allah. if anything does so it must be eliminated, we must have the freedom we must to submit to Allah and to worship Him. Nothing can come between you and that worship the protection of the religion. Number two, the protection of human life.
No person has the right to challenge your life and its existence in on an individual level. No human being has the right to inflict harm upon your persona. Unless of course it is in self defense or the state does so but on an individual level, your life is sacred. The protection of life is something that the shadows are in shrines. Number three, the protection of intellect and sanity, your action.
your intellect cannot be impeded upon
how so? By allowing certain things that are non harmful and prohibiting things that are harmful. The idea has prohibited
things that harm the brain such as alcohol such as drugs. So Allah azza wa jal wants us to think and use our minds in an appropriate manner. Number four, the protection of progeny. Our children are sacred. Nobody has the right to take them away from us to harm them. Because of this, Allah has encouraged families, he's encouraged marriage. He's encouraged having children, and he has prohibited every avenue that destroys marriage, such as fornication.
Anything that goes against the sanctity of family has been
When forbidden, Allah azza wa jal wants us to have children and take care of them and love them. So he's legislated upon us to take care of our children we would do so anyways humanity, even non Muslims take care of their children, but it is wajib upon Muslims to take care of their children, they get rewarded for feeding their children. Conversely, children are obliged when they grow up to take care of their, their parents and to treat them with respect. Allah azza wa jal, one of his goals is the protection of family. And the fifth goal, the protection of property and wealth, what you own, that you have acquired legitimately, nobody is allowed to acquire illegitimately. Now,
these are things that when we hear them now they're so simple and common sense. I want you to to go back 14 centuries and tribal Arabia, ask yourself where any one of these five goals in existence, the prophet system came, and he didn't just come with a radical theological shift. He came with a complete different legal system, a complete philosophy of rights that was non existent before his coming. There was no liberty to practice as you as you preached, there was no liberty to do as you preached in terms of religion. The Prophet says, I wanted to worship Allah alone the Quran would not let him do that they would not allow him to preach and and worship Allah alone. They wanted to kill
him because of it, the protection of human life the weak would devour the poor, sorry, the strong would devour the weak you know, the the statement of of Jaffa him that'd be thought him when he was standing in front of the negus he, what did he tell them? He said, Oh Emperor, oh negus We are from a society where the strong devour the weak, the rich take advantage of the poor. This is the Society of Arabia paganistic giant society as for rights of of progeny, right, what rights did they have when you could raid any tribe and take their children as slaves, when you could kill and rape as you please and there was no law as long as you belong to a certain tribe. If you were a quarter sheet,
you could literally get away with murder of a non quarter sheet you were elite. You are the creme de la creme, the highest of society. If you raped pillaged Rob plundered, there is no law above you, you are caught oshi You are the law. You're the nobleman. If you go to a house and you go to, if you go to these low class tribes, who's going to prevent you from who's going to take the law into their own hand, the life of a quarter sheet is more sacred than that of any other human being. And when the Prophet system gave the farewell pilgrimage What did he do? He abolished all of those conceptions of God law. There is no superiority forget Cora Shu over non policy of an Arab over a
non Arab, this is a radical paradigm shift a radical restatement of human values. Similarly, the prophet SAW sent him said, your property your lives Your Honor, is sacred. Each one of you what you own your life, your blood, it is sacred, no human being is allowed to touch that this isn't the farewell pilgrimage, is it not? You all know the farewell pilgrimage, the hope that he gave, these goals are enshrined in that farewell pilgrimage, and the prophesy centum came with a complete restructure of how healthy society was. These are the five primary mocassin. And if you think about it, really these five mocassin can be summarized into three. Number one, the protection of religion,
number two, human life, and intellect and sanity and progeny common to human life because to be a human, fully human, you must have a mind to think and you should have a family as well. And number three, the protection of property and wealth. These are really the three primary goals the five can be summarized into these three. As for the the other two categories of mocassin, the supporting needs and the embellishments. Really, we don't want to get into those they're basically have a lower level than the five primary ones. And the supporting needs basically, are the needs that make life bearable and easy. And their absence it doesn't bring about chaos, but rather it makes life a little
bit difficult. So of the examples of the supporting needs Hajji yet, Allah has allowed the sick person to diminish their prayer and their fast, Allah has allowed the sick person or the traveler to reorient certain minutiae of the law to make things easy for him. Suppose the law had not done. So it would make things difficult, but it wouldn't make things impossible. The first five will make life impossible if your life is not sacred, if anybody can kill you, you're not gonna live a comfortable life. So the first five are the primary underneath them or the supporting needs. underneath those are the embellishments and that is the finer matters of purity of dressing and
garments of proper etiquettes of eating and drinking, etc. So these are the third level the commodity yet now, like I said, I don't want to talk in a lot of detail about the mocassin. Really, the purpose is to show that the mocassin have some role in the formulation of the Constitution of this country. So how did this come about? Before we get to the Constitution of America, let's talk about two documents that
of significant importance and precursors to the American Constitution. The first of these is the common law of England, the common law of England. Now, the common law of England, it was a law that was enacted in the 11th or 12th century of of the Common Era, basically, after Christ in the 11th to 12th century. And what it basically did was it for the first time in the history of England, unified British law, before this time, the common laws around the 1220 to 1230s. Before this time, there was no universal law in England. Before this time, local judges were simply somebody they respected, not trained in any Academy. A judge is not trained, he's simply a respected townsmen. And He will judge
according to his heart, according to what he thinks is right. There is no standard law that all of the country will be unified over. So this is called the the common law of England. It is argued by one of the leading legal jurists of our times, john McDuffie, john McDonough, he wrote a groundbreaking article around eight years ago. This article is entitled, The Islamic origins of the common law. This is the title of the article. And this was published in a very famous law magazine. And he showed that many features of British common law were taken directly from Islamic law directly
have them believe it or not, the right of trial by a jury of peers. Now, this is not mainstream Islamic law. But this is law in certain sections of the Maliki method, some of the problems, some of the sections of the Maliki method, some of the scholars allowed, and requested that any type of Judge should judge over a group of peers as well, who will listen to basically both sides of the argument. Now think about it. The concept of having peers judge you is not something that will come to mind, just automatically. The very fact that this thing existed in Maliki law. And there is a direct link as we're going to come to this is a very interesting fact. Other other things as well,
which we'll go to don't want to get into, but certain economic practices, very specific economic practices are prohibited that were prohibited in madikwe law as well. And in fact, even the medium of transmission has been recorded. And that is there was a certain Thomas brown of England, who went to Sicily, and he studied Islamic law in Sicily, now, Sicily had been one of those freed Islamic states, freed, meaning it had been a Muslim state, then the Christians came and they freed it. So it was our land, and then it became Christian land. But the laws of Sicily, amazingly, were very much Islamic. When the king of Sicily basically came to power. The laws were so perfect, he basically
continued to apply them. So this Thomas brown of England went to study in Sicily. And then he returned, and he became the Exchequer of King Henry the third. And he was the main one who began formulating the common law. So the concept of having a shed he was introduced to Thomas Brown. And when he returned to England, he said, Why are we judging every city in every province differently, we should have a common law, that's what's called the common law, right? We should have a common law, a shared er, if you like, that the entire country is bound by. And so for the first time, in the history of England, a common constitution, a common legal framework was enacted. And this is a
very direct, if you like link between Islamic law, and this common law. The second major document and I refer you back to this article, we don't have time to go into all of it. But you can look this up. It's called the Islamic origins of the common law by john McCarthy. The second major document that we'll talk about is the document that all of you are aware of the Magna Carta, the Magna Carta, what is the Magna Carta for those of you who might possibly not be aware of it, the Magna Carta is one of the most significant documents in western legal history. And for the first time, in western civilization, the people force the king to listen and obey to a law that was higher than the king.
This is the Magna Carta. That's the gist of the Magna Carta, initially, for 1000s of years, the king was the law, nobody has the right to dictate anything to the king. What the Magna Carta did was said, No, the king must obey a law higher than his own. And this is what is basically the Magna Carta. Now, once again, once again, there are links between the concept of Magna Carta and Islamic law, and quite a number of authors, including the famous political theorists Rose Wilder Lane, who died 1968 she wrote a book and not just a book, but actually a number of others.
Because as well, and other legal theorists as well, who that she basically showed a direct connection between the route, the returning Crusaders who witnessed Islamic law in practice, who interacted with the Muslims, who knew that Salah had been at a UB was not the king of the Muslims, but rather he was a Muslim amongst other Muslims, who saw for the first time, a leader that was subject to a law higher than the leader himself. And so when they returned back, they came back with these notions of why does the king have the right when he's immortal, to tell us what to do? There must be a law higher than the law of the king. And there are quite direct, once again, links between
this concept and the Magna Carta. And I refer you to a book written written by Rose Wilder Lane entitled The discovery of freedom, the discovery of freedom, where she very explicitly claims and she proves in her own way, that the notion of rights within the Magna Carta, the notion of nobleman of Gentry of leaders, was taken directly from the Muslims. And she also points out that when the Spanish Christians were freed from Muslim, if you like a rule and the Catholics reconquered, Spanish Catholic Spain, the Catholics who had been under Islamic law, refused to come under the Christian law until the Christian King agreed to some type of Shetty either bound him. Now again, this is
unprecedented where a group of people tell the king sorry, you can't do with this as you please. There are certain rules and restrictions. So the Spanish Christians, the Muslims are gone. So they're letting the Christians come in the Spanish Christians refuse to allow the king to rule them until the king agreed to the same rights and privileges that the Muslim halifa had given them, a Magna Carta of sorts. Now, these are two very important, two very important documents that lay the foundation for the Declaration of Independence, the English common law and the Magna Carta, and the both of them are occurring roughly at the time when Christians are first interacting with Muslims,
when Christians are coming back from the Crusades when Christians are going to Andalusia and returning back to Andalusia and they're seeing for the first time what Islamic law is how many minutes Allah
Okay, and and they're, and they're trying to import these practices into Western lands. With this preview, let us move on to the declaration itself, and in particular, that phrase, certain unalienable rights, that among these are life, liberty, and the pursuit of happiness. Now, we don't really need to read into much to see a connection with the Mikasa, the Sharia, and in fact, historically, is very, very simple.
The single most important philosopher who held the imagination of the founding fathers, the one philosopher whom all of the founding fathers were extremely, extremely impressed with, and affected by was none other than john Locke. You've all heard the name of john Locke, right? JOHN Locke, of course, died 1704. He didn't see the beginning of America, but he's writing in a generation before the founding fathers and john Locke is writing a lot of these concepts. Now, who is john Locke, john Locke is a British philosopher. He was an avid reader, he had graduated from Oxford with a bachelor's and master's at a time when hardly anybody ever went to university and at Oxford, he had
studied with the greatest orientalist in the English speaking world, Edward pokok, who died 1691, Edward pokok, had traveled to Istanbul, and had studied there for many years, he had translated many classical Arabic works into English. And in fact, it is well known, this is not just a far fetched theory, you can read this up, it is well known that john Locke obviously studied with pokok. This is well known, and that he read many of these translations, and therefore, many Western authors have pointed out similarities between the translations of these writings by pokok. And eventually john Locke's theories themselves. And if you're really interested, just one point here, eventful phase,
famous book, a haven near pavon. For those of you who are not aware of this as a philosophical treatise, what would happen if a child grew up on a desert? Without any knowledge? What would this child think? Okay, this is the the setting of this Islamic philosophical treatise. This treatise, is pretty much the whole ideas that are found in john Locke pretty much in its entirety. Of course, he never mentioned it, but it's found there. And very specific examples from this Islamic treatise are found in the writings of john Locke, which clearly show that there is more going on here than simply two great minds as we're at work. Now. We'll never know the details of the lectures that that pokok
gave to john Locke. We'll never know the details. But it is quite clear that the concept of rights that john Locke began to preach now john Locke did not speak Arabic. Don't get me wrong, who john Locke study with
pokok pokok is the guy who studied Sharia pocus because the guy who's traveled to Istanbul, he's lived there for a few years he pretend to be a Muslim. He lived as a Muslim, he came back and now he's one of the few people in the English world who speaks fluent English and fluent Arabic and has studied Islam very intensely. So pokok is the teacher of john Locke, and john Locke's writings reflect many of those teachings. JOHN Locke's writings reflect the fact that even the Calif should be subject to laws greater than his own, and so on and so forth. So, let us now compare this one phrase, certain unalienable rights number one, unalienable rights, the concept of rights being
unalienable is not a Western concept. It is an Islamic concept, where each and every human being including the halifa, is subject to the laws of Allah subhana wa Tada. This is a very Islamic concept, the very first speech that Rebecca gave was what the very first speech he said, If I obey the law, keep me as your halifa. And if I disobey it, correct me or kick me out. This is the foundation of Islamic political thought, even the halifa is subject to laws, we find it certain unalienable rights, also of these is life. This is of the five loaded react life. No King has the right to dictate my life. No person has a right to dictate what I want to do with it. One of the
clear though, to react one of the five major principles is life. Number two liberty. Now, what does Liberty mean for john Locke? Who can tell me
when they're writing, what are they thinking of liberty?
Remember, Christians were repressed by Christians. They were not allowed to worship the way they wanted to worship when he's writing liberty, the primary connotation, this is again, not far fetched. I'm not inventing this, this is the fact the primary connotation of liberty is that I want to worship God, the way I see fit, no king has the right to prevent me from doing so. And there are many quotes here where he explicitly says, so I don't have time to get into them because of time constraints. I encourage you to read his electric concerning toleration, electric concerning toleration, where he explicitly says, Is it not ironic that Muslims allow Christians more freedoms
than Christians allow other Christians he says this explicitly? Is it not ironic that Muslims allow Christians more freedoms than Christians allow other Christian and he has another treatise called a third lecture for toleration, where he also argues the same thing and he explicitly argues for liberty of religion via the laws of the shediac. Now, that so the second phrase is well, Liberty is found in the in the in the in the laws of democracy, the third pursuit of happiness. Now, that's definitely not found in the mocassin. Well, john Locke himself in his writings, on more than one occasion, he repeats what he calls the natural rights of men. And he says they are and I quote
directly from his book, life, liberty, and estate or property. That's what from john Locke, life, liberty, and estate or property what you own. And that's exactly my posit. And that is why, amazingly, and this is again, you can look this up not some far fetched theory, look this up simply we don't do the research. When thomas jefferson wrote the first draft of the Declaration of Independence, do you know what he wrote, he said, of these inalienable rights is life, liberty, and property, the first penning of the Constitution, life, liberty and property that is a cut and paste from the opposite. That is directly taken from the positive, and then for some reason, maybe didn't
sound as exotic enough, he changed property to the pursuit of happiness. Now, to conclude here, two more minutes. inshallah, to conclude here, I want to be very clear in what my line of thinking is. I am not suggesting that the Constitution is taken from the mocassin. It is not, neither am I suggesting a direct causal relationship. What I am suggesting, and not alone in suggesting this is that Islamic law in general, and the theory of mocassin, in particular, helped influence specific European intellectuals and philosophers and thinkers, along with other factors as well of a social and political or cultural nature, and that this was one Spark, perhaps a primary Spark, perhaps a
primary spark that helped to bring about what is now called the enlightenment. I also want to state very clearly that I am not of those who tried to link everything positive in Western culture to Islam, and who somehow read in an Islamic utopia in Western society, there is no denying that the western concept of freedom has now degenerated in ways even the founding fathers would object to, and freedom has now become hedonism the pursuit of one sensual desires.
This concept of freedom is beckoning us back to the very primitive days of JD, where it is a free for all, where the rich get richer, and the stronger, get stronger, and so on and so forth. So I am not suggesting that and hamdulillah I have no inferiority complex that motivated me to try to find parallels and possible direct lines of influence between mocassin and the Constitution, we have no need of such complex rather, what motivated me was a sense of pride in what our religion has to offer. A sense of all in the magnificent structure that we built with Allah's permission with Allah is divine knowledge with what Allah had given us. We built this massive, intricate edifice that was
so inspiring. It was so marvelous that many other civilizations and cultures, including the western civilization was influenced by it in its own way. And as I stand here today, in all of that structure, along with that, oh, there's also a profound sense of nostalgia, even sadness, because that structure is no longer up in existence, we can't really see it anymore. These are days gone by. And it is only found in books that we have to reconstruct with our own imaginations. And not only am I sad at the loss of such a structure, but even more sad that many Muslims themselves are not even aware of what our Shetty I had to offer of the perfection of the intricacy of the grandiose majesty,
that was once hours. And if, in the course of this lecture in sha Allah have inspired some of you, I have sparked my own spark in sha Allah to to make some of you want to go study more about Islamic law, about the mocassin about the profundity of our religion, about the wisdom of Allah, His laws and his teachings. If I have inspired some of you for this further study than in sha Allah to Allah This is a great success and blessing from Allah subhana wa tada I conclude by making sure that Allah allows us to to to basically reinvent this spark and reinvigorate this this feeling of pride that we had amongst the oma that we can once again be beacons of leadership to all of humanity in all fields
as we once were, and that Allah azza wa jal blesses us with Eman and taqwa and knowledge and good deeds, we're after that one and hamdu Lillahi Rabbil alameen wa sallahu wa barakaatuh Mohammedan what are the big Marian was Sarah Mara Kumara to LA he will catch you undeletable alameen wa salam Baraka Nabina Muhammad wa ala alihi wa sahbihi wa seldom at the Sleeman kathira ma but of all the things man pursue in this life, knowing why and how is one basic and most essential need human need. It provides gratification and satisfaction. It liberates both the mind and the heart, from the limitation of matter and the world and the love the life of this world. And the end result is
usually and always would be happiness.
Believing in Divine power, as Muslims believe in Divine Power solves many mysteries of this life. But there are still so many more of these mysteries needs to be resolved. And as Muslims who believe in Allah subhanho wa Taala being the Creator, Al Hakim, the all wise subhanho wa Taala. His creation for us displays this kind of sense, this sense of sophistication, exhibits that most sophisticated system in all kinds of laws, nature and logic. Allah subhanho wa Taala said that clearly in the Quran, in kulesza in Katana who believe that virtually all things we have created and proportionate measure, everything was good in proportion, and measure. Many recognize that today, and many more
don't. The dynamics of Islamic law or institution of law and Sharia are part of his divine order. subhanho wa Taala scholar says inception of Islam they try to explain in different ways and methods, the purpose of halal and haram what is permissible and what is prohibited. And all that in between. They try to explain every possible reason behind that and hikma for generations Sheree out is the source of law. And its higher objectives, Alma casa, she has explained have always been a source of debate between the scholars of Allah suniti, while Gemma and their counterparts from scholars of all other different schools, theological schools, as well as among themselves, the scholars have
understood it well, Gemma, the practical implication, though, of all these debates, shaped Muslim societies all over the globe throughout history and the history of Islamic law. The debate continues until this day, and with it Muslim societies are still being shaped, still being shaped even until this day to the around the ultimate discussion of mocassin A Sharia the entire purpose of the debate over mocassin was always to bring people and that's the entire actual purpose of this mocassin to bring people the answer to what they are seeking in this life, and most
Basically to be content with the divine order, Allah subhanho wa Taala. That when they read, and they, they follow that law, they feel content and happy words coming from Allah subhanho wa Taala. Muslims, they want to feel free living their life and be happy at the same time that they are keeping eye on the divine order. They don't want to have double lives. Specifically today in the West Muslim, they want also to live that happy life. At the same time, they still following that divine order of Allah subhanho wa Taala. Today, this subject of maqasid has become more important than any other subject of law.
You see today there are so many books are coming out every now and then. And many of these books when it comes to Islamic law, focusing on that particular area of the law, which is Mikasa, the Sharia the higher objectives and the intent of Islamic law, mostly because Muslim societies have changed dramatically, and many more are forming outside the traditional geography, and you are the manifestation of this change. Muslim presence outside the traditional geographical inherited land like in America and Europe today is a new phenomenon. never in the history of Muslims never in the history of Islam or Muslims. This happened before Muslims leaving the Muslim land to come living in
a Muslim land in such a massive number willingly and by choice never happened before. And because of that people are now today bearing the generations after generations living and they are born as citizens of non Muslim countries. And or at least society is no longer rules by the Islamic law. There's a huge gap between how Muslim societies are perceived to be like and what they are now, this huge gap is what justifies now the wondering and the questioning in the minds of so many people they need to find solutions for the current challenge lies into the field of mocassin Mikasa. This considered the living part of the Islamic law. People are looking up to Muslim jurists and scholars
to find the answers to the new challenges and challenging situations and mythos it has always provided scholars and jurists with that flexibility to reconcile between the divine order and the real world, it is still doing it, but always in the spirit of Sharia. In an attempt to live as authentic Muslims as possible in an ever changing world and society. Muslims are wondering more than ever, about the meaning of authentic Muslim lives. Today is probably more confused than ever. And those who desire to live that authentic Muslim life. They're facing challenge of defining what that what that authentic life means. What does it mean to be a Muslim and still live in the West? How can
you reconcile between these two things without having any trouble feeling that guilt of manipulating the law matassa throughout its long history has the richest legacy of brilliant discussions ever produced by Muslim jurists and Muslim scholars. It has such a rich legacy that if you study you see some Holic brilliant minds how they put all these things together. And it all comes out from the same source, the Book of Allah subhanho wa Taala, and the son of the Prophet sallallahu alayhi wa sallam, they are now in crucial need for people who live in the West inclusion need to feel the happiness of life without the guilt of manipulating again that law.
Muslim scholars, then you that a discussion of Mufasa the Sharia regardless how far it would go, it has to still keep going and evolving around one principle and one high objective. And that is the Buddha, meaning the submission to Allah, Allah subhanho wa Taala and the servitude to Allah azza wa jal,
scholars of all shades of Islam in order to bridge the gap between Muslims Muslim life and what is in real life have always resorted to that mocassin. And the result was a complex mixture of ideas, discussion and rules, some are traditional, and some became very, very controversial for our time. Briefly, I would like to shallow to discuss the historical development of the approach of matassa the Sharia throughout the different periods of Islamic life? How did the change in lifestyle and society affect the study of law and how it's higher objectives and mocassin? How we will change because of that, how makkasan was understood in the light of societal change? What is beyond what is
beyond the juristic reason and ratiocination of Islamic rulings? What is beyond that for us today when it comes to Mikasa? Sharia and what is the impact of cultural change on the concept of law and Mikasa?
One thing to begin with, definitely, of the main mythos and objective of Sharia is bringing meaning to lives of people, there is no doubt the whole purpose of Mikasa Sharia is to give you meaningful your life. She has explained the different categories of Mikasa the Sharia, the protection, preservation of life, religion, progeny, wealth and intellect and so on. But the meaning the purpose of all these now
categories and explanations as to bring meaning to your life. Because without having any meaningful that life, people will not have that freedom and the liberty to think to do things and to feel happy even in their lives. So that is one fundamental objective, to bring that meaning to the life of people. And of course, in this case, time, location, geography will be completely irrelevant. Once people understand the purpose of the life and the meaning and the reason behind the law, the divine law that comes down to them today, and in this generation, how many times have we encountered answered the question from young people specifically, wondering and even now questioning some of the
rules of Islam, whether it's in devotional acts such as Salah, or finances, such as issue of Riba issue of halal earnings, and so forth, and even some of the civil civil issues such as marriage, divorce, and so on, people are wondering so much about the rules of Sharia more than ever. And that's obvious because of the cultural pressure. And the societal change that they're living in is a very natural process, though. And it tests the flexibility of the law based on that cultural change that are happening in the society, the change would happen, the more the law would stretch, basically, its arms, and we will see how this happened in the history of Islam.
The premise here is that Sharia or Islamic rulings were enacted to serve divine and tense and higher objectives, not just to prove the Hikmah over last panel wattana. It's not just to say last panel, that all wise, we all know that as believers, we are done with this, we believe in this. But now what are the higher objectives behind them? What's the reason the purpose behind the enactment of all these rulings and mythos of the Sharia,
Allah subhanho wa Taala. By doing so bringing meaning to the life of the believers, those who adhere to that rule, the concept went through a long process of development. That concept went through long process development and in and evolve as generations of Muslim scholars and jurists contributed their works to it. And it is still viable until this day, when Muslim jurists and fuqaha Robert matassa classical categories emerged. And these are the shape explained, like necessities, needs, and accessories, things that can be added to your life to enhance the quality of your life, and they won't create any harm if they're missing. These now presented the relevancy of these matassa to the
life of humans, there are now about humans to breed again meaning and purpose of life for humans, to whom the law was sent to abide by, and that's, of course, Muslims, and non Muslims, Islam doesn't matter. Obviously, that meant that the rules of Sharia were enacted to serve the masala of human beings. And the masala means the benefits and the entrance of humans in this world and in the hereafter. Part of this is also includes even the utterance or removal of harm in the jurisdiction, language, this is called jell bowl masala, water all Mufasa means soliciting benefits and interest for man. and preventing damage or harm, trying the best to bring evidence beneficial, and avoiding
everything that is harmful. This is actually basically it's about bringing happiness. People usually they pursue these things that pursue interests and benefits, what reason they want to feel happy, they want to feel good about what they're doing. At the same time, they avoid anything that might cause them harm or damage because it makes me feel sad, feel aggrieved about what they have done. And it's ironically, it's very even common today in the field of psychology to study this principle as one essential concept of human nature. If you study psychology, most of these modern theories of psychology, already integrate this concept into their methods of therapy. When they speak with
people, they try to find purpose for their lives. What is the purpose of the law? What makes you happy? What are you trying to do to get there, how you try to avoid to get you know, to get to the state that you're living in on going through right now. Modern therapists even interpret human behavior to that principle of the pursuit of benefit, and the escape of harm, which is exactly the pursuit of happiness. And that is exactly the main principle of Islamic system and one primary maksud one primary activity goal and objective of Sharia and law. Amanda Chateau de Rahim Allah Allah, who was considered like the founding father of this principle of the system, of the
discipline, because of the Sharia has stated even that clearly with his own language, his own words in his book, Allah for cut the classical work of mocassin, saying divinely revealed, laws have all been established to preserve human beings interest both in this life and the life to come. There are five major interests in the life of man that are to be preserved, and these are nowadays just explained, faith, life, entity, intellect, wealth, and progeny. The laws of Sharia have always been perceived through this higher principle at all times. Whatever law that comes down, it comes down to preserve these purposes.
These higher objectives are Muslims who wish to live authentic Muslim life, wish also to feel so happy that their human needs are met regardless where they live, and what time they would live, whether it's in the east or in the West. Studying the history of law, however, and legislation in Islam, this simple concept does not stand out as clear as it should have been. One reason is that the organization of mocassin, in its current form, became perfect after a long debate which erupted among or between the different schools of thoughts in Islam, in both theology and jurisprudence. This gives Muslim jurists in our time the chance to explore what has, what the process was before,
and how it's going to end up in the future. This gives us today at least being you know, part of this rich legacy of mocassin gives us hope, by going back and see what the process is how this was the process that this mocassin went through, and what we can contribute to today and in the future, as well.
Early in the days of Islam, and the time of the Prophet sallallahu wasallam in particular, metacity appeared in sobrato style,
which presented its fundamental principle alodia, the Soviet Union, Allah subhanho wa Taala. She has alluded to this in his speech, that is one of the highest objectives of mocassin regardless how much you try to fetch the definition under potential matassa it will all go back to that primary principle. Regardless, what do you do what you think how to interpret that, that primary objective should always be there in your mind, and that is the ability which means the servitude to Allah subhanho wa Taala that is exactly the highest objective of all these mocassin. No matter how detailed the discussion of Mikasa became later in the history of the enactment of law, no matter how
sophisticated became the ultimate purpose of the creation, and the higher objective of all laws and rules of Sharia was to achieve that principle, the servitude to Allah subhanho wa Taala allows have just said that clearly even the Quran, one, Allah to general in celeea, Boone, and I, Allah subhanho wa Taala created not the genes and humans except they should worship Me and worship me alone. So this is the ultimate goal of all these markers that would come later, the earlier generation Muslims, the Sahaba, and the tambourine. And this had this as the ultimate objective matassa Sharia for them, it becomes to become a true servant of Allah subhanho wa Taala obedient and devoted. And
because the last panel, they enacted the law for them, there was no much dispute over the rationale behind it. They were very basic nomadic society, the concept of debate, intellectual debate did not exist back then in that form in that fashion. So for them, they were satisfied. And they found this kind of happiness, they found this liberty and submitted themselves after being submitting to all these human laws of the tribal system and so on to some superior law that's coming from Allah subhanho wa Taala. So when they did that, they felt liberated, they felt live, and they felt happiness that is coming from Allah subhanho wa Taala. For them, following the law would ultimately
put their lives into the perspective of this principle and achieving the goal of servitude, and be bringing them happiness and gratification. The examples from the lives of Sahaba tiberian are more than what we can count. And this very basic principle is very fundamental in the life of people regardless of their time, the way it brought happiness to our generation, it can still bring great happiness to the people of our time, as well. As an example for this review, Raven armor rhodiola Tamara himolla. standing before the Persian commander, he went and he explained his summarize the mission, the entire mission of this of this faith and Islam, and he spoke to him Are you coming in
for he said, Gee, nanocrystal a bad man, a very bad, you know, a better job in a bad woman leave the dunya LSR do what he said. We came over here carrying the message he said we came to take people out from the worship of the creation, to the worship of the Creator. And from the tightness of this world and this life, to the vastness of this life and the life to come. Very simple. We're bringing a message of happiness to the world, a superior law superior message that would make people live their lives and enjoy being that with this word they can sense of objective servitude to Allah subhanho wa Taala and they believe that it brings brings him happiness, and indeed it did. simple
message of liberation and happiness. And this was scattered all around the globe. And people are still today, living it wherever they are. And explaining the law givers different objectives in establishing the law, especially during that particular time basic time of the Prophet sallallahu alayhi wa sallam a man of shot Ibrahim Allah and His book are more for God he states clearly that one of these now objectives of the lawgiver Allah subhana wa tada is to establish the law for peace.
Understanding people should understand the law, if they don't understand the law, what's the purpose of it. And that's why Allah revealed now the book on the law in the language that the people can understand. Logically, he says, because that society was unlearned society. The Arabs were illiterate, and the prophet SAW summers was Nabeel amin, he was the prophet of all those illiterate people. And they only knew one thing, the art of speech, the language, that's why when the law came down came in that fashion, which is the art of speech, the Quran, the Book of Allah subhanho, wa Taala, it came in Arabic for basic for basic society. So to prove this basic, in this actually basic
form, the law was revealed to a lot of people, the Arabs, and therefore was revealed in the language that they just can't understand. The significance of this now is that Allah subhanho wa Taala sent them across it and their initial form, linguistic and textual form, which was easily understood by the least educated people.
Anyone can understand that. But it was through development again. And the first and the basic way of understanding the mocassin was linguistic, the Arabs, that's what they knew, and that's how they could understand and relate to the law. Through this linguistic now form. The capacity of the arts was linguistic capacity, and the higher objective word came down with that capacity as well to begin with. As an example, he said, Allah subhanho wa Taala statement wama Ursula K le Rahmatullah el Amin. Surely we have sent you but a mercy to all the worlds. This is now a general objective. She's now the people they understand that one of their objective is to bring this mercy to the entire
world. But on a specific level right now, micro level one rule of Sharia, which is the role of overdue purification, meri De La Jolla, Jalla alikoum. And her Raj says Allah does not want to cause you any hardship. So this is one of the objectives of rule it doesn't it's not that it has to be hard, but there has to be some sort of, of hardship that can that's beautiful to man. So people understood, there is a degree of hardship, but still, this is curable, and it brings them happiness at the end of the day, because that's the objective of the law, the servitude to Allah subhanho wa Taala for generation, the obedience to the law, regardless of its origin objective was to achieve
the higher mocassin Allah Buddha, the servitude Allah Spano, tala, that's how they understood it. There are numerous examples from the life of the Prophet sallallahu alayhi wasallam, I shall be allowed to learn how she narrated the Messenger of Allah sallallahu wasallam. He used to worship Allah azza wa jal at night until his feet gets swollen. And one time she asked me on a sort of law, why are you doing that for me for LastPass forgiving all your sins means you have reached your objective.
So now just putting yourself to hardship. It's kind of irrational. The Prophet salla salam, he brought her back to that original objective. He said, If Allah akuna abdon Shakira, shouldn't I be that grateful servant. missive Allah has forgiven me that since doesn't mean that I quit. Because I've gotten hamdullah what I wanted to go, No, it means I need still need to preserve that objective in my life and be the true servant of Allah subhanho wa Taala. Omar was a top rajala on the content of the Prophet sallallahu sallam. One time he was making his tail off he passed by hudgell as well. And then he said, Baba la inilah alum and naka de la todo Allah, by Allah I know you just don't. You
cannot benefit me You cannot harm me. While I will endure it Rasulullah sallallahu alayhi wa sallam Yakubu Mata had not seen the prophets Allah said I'm doing that which means kissing you, I wouldn't have done that myself. Honorable Katara de la langue, he realizes that is about servitude to Allah subhanho wa Taala through following the example of Mohammed salah and the ultimate, the ultimate manifestation of this now following he said that servitude allows origin, however, he himself for him, Allah wa Taala
did not just deter himself from subjecting the law to scrutiny. He was one of these brilliant jurists who brought MacArthur to the next level, try to rationalize what's behind it and use it. And for instance, in his in his rule, his SD had resulted in increasing the punitive punishment of drinking alcohol and the temporary suspension of the punitive punishment for theft during the time of famine. There was a brilliant accurate understanding from top to the heart objectives of the law.
People they had inquisitive minds, and they still and that's why even during that particular time as well, which is a very basic time the question and wondered about some of the primary rules of Sharia, as an example, more other, the female competitive I shall be allowed to Lana. She was asked what's wrong with managed menstruating women, they're obligated to make up for the days of Ramadan, and they're not obligated to make up for the days they when they miss their Salah. So when they miss Salah they don't make it up when they miss the fasting
Ramadan, they have to do that. I'm sure many women probably and men even today are wondering why what's the difference? That happened back then as well. Now I show the love that on him. And remember she's coming from that same generation of submitted to the body and the server to the last panel with Allah. She surprisingly looked at her students and she said, I had already had an auntie, which means What's wrong with you or your courage yet? Are you one of those extremists? extremists of her time? She said, No, I'm not. But I'm just wondering. She has a full right to wonder and human beings. He wanted to know why. I will still do they wonder, we want to know why. What's the
objective of this? Then she replied, I she replied, this used to happen during the time of the Prophet sallallahu alayhi wa sallam. And we were commanded to make up for these days that we've missed in Ramadan, and we will never ask to make up for that for the Salah that we miss. I showed a lotta she did not even try to rationalize that. to her. That was irrelevant. objective. The origination of Muslims was satisfied with such rationale. But as more and more new Muslims joined the growing Muslim community, that solo answer was no longer valid, or enough for them. They wanted more clarification explanation to that. And that's when my Casa de Sharia start evolving to the next
level. There was a huge cross cultural shift in the Muslim community in society, especially in the new open land that demanded change in the theoretical approach of the law. Not all the Muslim community and especially the body of Muslim jurists were ready to accept that new approach and a lot of them are accepting that which led to that too. establishment of two classical schools of thought in Islam, traditional Alhaji and the classical rational School of jurisprudence, although both schools seem to have taken two different courses in explaining the law of Sharia, Amanda Amanda katabi, Rahim Allah Allah He denotes that both work independently even though both independently,
but still, though, restraining became restraining intimate instruments to the other against each other from going far away from the main objectives of the Sharia. So eventually, that difference even in interpretation, understanding became brought back again, the objective of law, not to go so far away from the main objective of the law, either had either maintained the Orthodox approach of textual rationale. While the school effect went beyond the textual objectives to deeper meanings of the enactment of law thereafter, or not too long, the consolidation of both became inevitable. The amount of Shafi Rahim Allah Allah Mohammed Medusa, Shafi represents a new generation of Muslim
scholarship, more organized and better equipped, acknowledging both approaches Imam Shafi Rahim Allah Allah he wrote his treatise or rissalah, his book or risala, the very famous book, which is considered like the first written book in the theory of law, in a sophisticated system, in an attempt to create a balance between the textual approach and traditional rational approach of objective of the law without indulging too much in scholastic debate, or philosophy. Both approaches though, both approaches flourished side by side in a new different culture, appealing to a wide range of students of knowledge and average Muslims. But since the circumstances Muslim society have
changed, their approach to the objective of law has changed ever since and continued to change thereafter. Until this day, was this However, one thing remained intact during that particular time still, the concept of faith the objective of aboudi the submission to Allah subhanho wa Taala was still alive. And you can read that in the book of Allah. The Book of Imam Shafi Rahim, Allah tala, whenever they speak about the reason about the hekman about the wisdom, regardless how they try to explain that from a formal linguistic perspective, or even from a dualistic perspective, they always resort to the same principle that you should submit yourself to Allah subhanho wa Taala. That's the
main objective of the law. The Next Generation later, of Muslim jurists, scholars, and even average people alike, they all had to deal with a new challenge posed by an emerging school a new school of thought, the philosophical school, the injection of philosophical principles in Islamic theology, poses a major threat to the concept of faith. And this is the system or the belief system of Muslims, the field of Sharia and law was not immune either. This now system introduced after intellect as a source of law in its extreme methodology, I mean, use the vital and intellect existed in the time of the Prophet Salah Salem through the Etihad and even afterwards, but during that time,
it was taken to a complete different level become like the ultimate source of legislation during that time, which would affect the theories of law for generations later, moving interpretation of law from traditional approach towards the rational philosophical approach led to the formation of a new system of theories in Sharia. theological debates founded on Kalam and scholastic theology manage their way into jurisprudence and the theory of law.
Including mocassin. One of these debates was of a mirage Rahim Allah Allah, Who debated the other is the subject of Tallinn which means Can we rationalize the orders and the commands and the act of the Lord and divine subhanho wa Taala or not. Imam Shafi Rahim Allah in response to the majority of Muslim scholars, they do believe that there is a Hickman the wisdom and lead for the action and the orders of Allah subhanho wa Taala. Generation later, during that time from a machete below him Allah, which brings us actually to similar scenarios that we live in today. Imam Shafi Rahim Allah now he is receiving the legacy of the previous generations Mikasa the Sharia became theoretical
subject very technical, and issue philosophical debate more than practical explanation of the law. So duration that during the his time to the 14th century, the institutions are not hubs, or schools of law became well established. And adherence to the text of these laws became the new culture a new challenge. This would weaken the principle of mythos it because objectives have become subjective to the existing law, not to the divine text, and it became a very technical issue. Amanda Shelton Rahim Allah He lived in Angeles, he lived in Andros in Spain today, had he tried to face the challenge and revive the original understanding of mocassin writing his famous book, Alma faqad, and later on, he
was also observing the circumstance of Muslims who fell under the rule of non Muslims, Spain, and the cultural change in their lives demanded that he gives explanation and how even though under all circumstances, they can still live under the macabre sort of Sharia. And somehow this is very similar to our time. You know, the time of a mammal, a mammal, a shout out to him, Allah was very close to the was very close to actually the time of the reconquering that the Iberian Peninsula from from up north, I went to Lytle or Toledo fell in the hands of the Spanish, the Spanish people, they actually inherited the huge legacy of Muslim scholarship, libraries, books and so on. And Muslims
who lived there were welcomed. They were not asked to leave primarily, they were welcome to stay there and Muslim they stayed there anyway. Why? Because they believe that that was the land and they lived there all the lives and even the created you know, the kind of lifestyle and so on, and even the conquerors actually, they welcome them and because they were considering a classy society, exercise that provide this kind of prestige. So they stayed there, but now they're encountering so many different circumstances live in a complete different culture. Eman Malhotra, Imam Shafi Rahim, Allah tala, in an attempt to bring them to bring them back, actually, to the rules of Mufasa. The
Sharia, he issued so many factors. To his understanding this first was to provide ease and liberation and happiness to the people of his time and that time. His first was during that time, as called by Juan Sharif in his book called Maria, a very famous book that collected most of the third was for those for the people who lived in the landeros. It caused him much trouble with the official action traditional Institute of schools of thought to the extent that he was accused of heresy and innovation. Similar to his case, was his contemporary for sleeping with me, Rahim Allah tala,
who lived on the other corner of Islamic Society, in a sham today, Syria, he encountered similar circumstances, as the non Muslim challenge, the weak set of Muslims in terms of faith and practice, then what he thought is the rigid interpretation of the text of the law. His approach to the subject of MacArthur was filled with discussion of Athena, I'm sure allude to this in his speech, that he brought a new dimension, fundamental objective of the of this law, that idea and servitude to Allah subhanho wa Taala. He even disputed the the confinement of matassa to the classical categories, and argue that the subject of sound heart is one of the most objectives of Sharia.
This is the one fundamental objective is to have that sound heart and to have that love for Allah subhanho wa Taala. And to have that feel from him, and subject yourself to Him. That's a very fundamental objective, which basically serves this now purpose today, the regardless where you live, how you live, you keep yourself subject to this higher objective to serve with you of Allah subhanho wa Taala. Even Timmy and later on his students
brought a new dimension beyond the juristic, one to the field of mocassin as spiritual dimension, it seems that this dimension was very much needed after mythos has shifted from its traditional form.
To that to a scholastic scholastic form, and its technical form lack the spirituality, which was the essence of contentment and happiness to its adherents. Today, for Muslims who live in America and I conclude with this, and the West in general, the debate over the MacArthur is still going on. And you feel the fog was developed based on their very presence in the West.
There's a huge difference actually field of design specifically for the people who live in the West. This is called fekola Kalia. She is the, the jurisprudence of the minorities and they are talking about Muslim minorities living in these societies over here. Now that is so ironic panela that this folk, if you check the interpretations of these rules and what exactly been added to it, you will find it that it's coming as bringing out from them from the the primary principles of Sharia Mikasa the Sharia the focus of our time trying to give the people this justification for the lives and keeping under the general rule of Mikasa asurion It feels it takes the material from that rich
legacy of the mocassin.
On the academic field, however, makkasan is still lacking What a shot to be. A man is not the salon, they've been telling me at one time a generation of scholars later brought back to it that fundamental objective the servitude to Allah subhanho wa Taala. Many, many actually, revisionists today are calling for an overall review to the Islamic legal system. They use matassa to justify many of the controversial suggestions. They presented allegedly to adjust the life of Muslims and our time, suggestions ranged from devotional acts such as Salah, which is literally related to the one objective, and that is Dean and religion to financials, which is property, to liberty of life,
and progeny such as civil rules and marriage and divorce. The cultural pressure in the West was the main fact that provoked and shape these discussions. Muslims in the West, being the subject of these suggested rules were caught into this debate. And they are waiting to see what will end up at the end of probably this generation or the century until then, and as faithful believers living some very special circumstances as we live here in the West. They are trying as much as possible to adhere to the ruling of the faith, trying to find life and happiness in both this world and the practice of this faith mythos and object to the Sharia, or their hope for achieving that goal in
life. Well handled honorable alameen wa salam Nabina Muhammad wa ala alihi wa sahbihi wa salam