Yasir Qadhi – Carrying Mushafs, Science, Intoxicants, Sharia Courts Q&A #3

Yasir Qadhi
Share Page

AI: Summary ©

The use of the Quran as a source of protection for the car and the potential impact on people's views of science are discussed. The speakers emphasize the importance of learning from the Bible and not making mockery of one's religion. They also discuss the use of vanilla extract and the importance of protecting one's privacy and privacy laws. The speakers emphasize the need for legalization of couples and the importance of educating Muslims about Islamic law. They also touch on the legal framework for Islamic cases, including the court system and divorce cases.

AI: Summary ©

00:00:01 --> 00:00:40
			lol hamdu lillah wa Salatu was Salam ala Rasulillah while he was so happy he wanted to have a valid
usually Tuesday we have our q&a so mashallah, we have our four questions for today. First one
Bismillah is it permissible to keep a small Quran in your wallet or car for the purposes of Baraka?
And then the questioner says, Isn't this similar to what other religions have done with their holy
icons and question? So are we allowed to keep a copy of the Quran in he says the wallet I don't
understand how the Quran go in the wallet but I guess you can get really small Quran or more
realistically the car for the purposes of protecting the car. So the answer to this actually it goes
		
00:00:40 --> 00:01:23
			back to a very theological issue and that is can you use the Quran as essentially a tamiment Arabic
or in English a good luck charm can use the Quran to bring about Baraka the physical copy of the
Quran. Now, by unanimous consensus, you can use the Quran as recitation to bring about Baraka
there's no till after you can recite at Lakota so you can do whatever you want with the recitation
of the Quran. The controversy that goes back to the time of the Sahaba can you use a physical
written Kitab of the Quran or writing of the Quran? Can you use written AYATUL kursi can you use any
type of verse as a physical icon to bring about Baraka, we find some of the Sahaba they allowed
		
00:01:23 --> 00:02:00
			this. Most famously Aisha Radi Allahu Allah is authentically reported that when members of her
extended family, the children the grandchildren Esma, for example, when they became sick, Isherwood
Radi Allahu anha caused some verses of the Quran to be put around them for example, it is also
narrated from Abdullah have an ambit of no outside of the Allahu and that he would allow using
physical copy of the Quran to a cure a Shiva and he would say the Quran is a Shiva as Allah says in
the Quran is a Shiva oedema for sudo whether it is recited whether it is physically written, and it
is also narrated that some of them would allow,
		
00:02:01 --> 00:02:46
			excuse me, this is the gift of Hajj that happens. Some of them would allow the Quran to be worn on
the necks of Children, Toddlers to protect them from evil eye. So this is narrated from some of the
sahaba. At the same time, it is also narrated from some of them such as Abdullah him numerous
Rhodiola one, that he would not allow the Quran to be worn as protection. And he said it is not
befitting the Quran that it be worn as protection. So we find this little bit of controversy from
the time of the Sahaba themselves that should the Quran be used as a physical protection or not.
Therefore, in light of this, it can be said number one, to use a copy of the Quran as a physical
		
00:02:46 --> 00:03:29
			source of blessings cannot be considered to be shipped. It's not Schick why? Because the Quran is
the speech of Allah. So the Quran is the speech of Allah when you see protection from the Quran, you
are not turning to other than Allah subhanho wa Tada you are not turning to other than Allah, you
can turn to the Quran for protection and the Quran is a respected book because it contains the
speech of Allah you have to have all due to touch it and the physical most half is venerated. So it
is not shook. But the question is, is it proper etiquette to use the Quran as a source of
protection? Is it a dub? Is it something that shows up to the Quran? And some of the Sahaba said
		
00:03:29 --> 00:04:09
			yes, some of them said no. And there is no question that the prophets of some himself did not use
physical written Quran even though it was written in his lifetime, he did not use it to have a
physical protection. Therefore, I personally it is my personal opinion, I lean towards even Mr.
roods position, but we cannot rebuke the other side because who has the other side of the Allahu
anha Abdullah bin Ahmadinejad also the Allahu and you cannot rebuke the other side, there is
legitimacy to those who say, I want to keep a copy of the Quran in my glove compartment. May Allah
protect my car, right? There's nothing I'm not gonna say that's wrong at the same time. Firstly,
		
00:04:09 --> 00:04:51
			there is no question that reciting the Quran. And using your tongue is a higher goal in the eyes of
Allah, you are actually doing an active worship an active versus keeping the Quran in the glove
compartment is a passive, it's not active. So there's no question that reciting the Quran reciting
AYATUL kursi. Making your tongue move every time you start the car say sub handle the Sahara
Anahata. That is a higher MACOM and it is an act of worship. Secondly, let us be honest here and we
all have either done it ourselves or have friends or relatives that do it. When you put the most
half in the glove compartment. What happens the glove compartment fills with miscellaneous issues.
		
00:04:51 --> 00:05:00
			It fills with you know the tire pressure it fills with pens and pencils. Honestly is this up that we
are showing the Quran to put it just like that
		
00:05:00 --> 00:05:04
			On the site. So my personal opinion is that it is not.
		
00:05:05 --> 00:05:42
			It's not the best thing to do, let me phrase it that way. And you should recite the Quran but I'm
not going to criticize or say that it is wrong, and it is clearly not haram or should have to do so
because turning to the Quran, whether it is written whether it is recited is an act of worship, but
we say in my humble opinion, I say it is not the best mechanism or respecting the most half and
Allah knows best. The second and this is assuming a teenager, high school child who email High
School young man or woman who email this to me. By the way, as usual, I have hundreds of questions,
you'll have to choose what is more relevant? The question goes as follows. I have heard someone say
		
00:05:42 --> 00:05:45
			that Einstein's theory of relativity is shift.
		
00:05:47 --> 00:06:27
			Because it says that matter cannot be created or destroyed. How does this affect how Islam views
science and question, Michelle has a very deep question, right? How does it affect how we view
science, their response to this Be careful what you hear, be careful what you accept, okay, just to
make this blanket statement that Einstein's theory and I'm assuming he means the special theory,
relativity, which deals with basically, if objects are moving in the same dimension in the same
speed, then the laws of physics apply equally to them equals MC squared. As for the general theory,
which deals with of course, the laws of gravity, that's a separate topic altogether. But I'm
		
00:06:27 --> 00:06:43
			assuming that the question is the special theory and in particular, equals MC squared. And the
notion being that matter cannot be created or destroyed, rather, it transfers from one form to
another. And so somebody said to this young man or young woman that this is Gopher, and the response
is, calm down.
		
00:06:45 --> 00:07:26
			Don't read in Einstein is not talking theology, Einstein is talking science, and some saying
Einstein himself was a believer whether he was relevant to us, in and of itself, the laws of physics
or the laws of physics, the laws of chemistry of laws, chemistry, when we may apply them with the
simple caveat that if Allah wills he can change. And I don't think any believing scientists would
have any problem with this caveat that Allah azza wa jal has the power to change. But generally
speaking, Allah allows the course of nature to go That's why a miracle is a miracle. Because the
miracle goes against the course of nature, a miracle conflicts with the course of nature. Therefore
		
00:07:26 --> 00:08:09
			a miracle is a very rare event. Because in general, Allah allows the laws of physics to have the
laws of physics. So inherently there's nothing wrong with Einstein's theory as long as we
acknowledge that it is Allah subhana wa Tada who has instituted it and if Allah wants to, then Allah
can make a change, if and when ALLAH SubhanA. Allah wills as also, before we move on to the third
question, please, my dear, intelligent Muslims, please do not make a mockery of our religion, learn
from history, learn what Christianity did to science, and don't do the same. Learn as well how
foolish some modern segments of religious folk sound, the creationists who say that, Oh, the world
		
00:08:09 --> 00:08:48
			has only been for 6000 years. And there's no such thing as dinosaurs. And these are, of course, not
Muslims. And they say that this is God has placed dinosaur bones on Earth to test us whether we
believe in the Bible or whether we believe in dinosaur bones. So dinosaur bones are a fitna from
Allah, we should not sound like them. We are more intelligent than that. You know, my PhD was about
reconciling reason and revelation in the writings of even take me 10 volumes have been Tamia wrote,
how do we reconcile ourselves with Naka, and his main point is so beautiful. He says, Allah created
the creation, and Allah sent the Quran, both are from Allah, how can there be a conflict? Both are
		
00:08:48 --> 00:09:27
			from Allah, how can there be a conflict? So his basic premise of the 10 volumes is, there can never
be a conflict with actual science with actual rationality. And with the Quran, it's impossible. If
there's a conflict, the conflict is in your understanding of one of the two. Either you understood
the Quran wrong, or you understood science wrong, there cannot be an actual conflict between the
two. And that's something that I firmly believe the One who created the creation, and the one who
sent the Quran that is the same entity that is Allah subhanho wa taala, there can never be an actual
conflict. So be careful and be precise in your wording and learn. And that's why I have a very long
		
00:09:27 --> 00:09:59
			lecture about evolution. Maybe one day we'll talk about it. And even in that series, I said, I'm
speaking as a Muslim theologian, not as an evolutionary biologist, let every person know his or her
realm. Let the scholar of Islam speak in the role of scholar of Islam. And don't speak as a chemist
or a physicist or a biologist, and let the chemistry or physics or biologist who's a practicing
Muslim, know what the Quran and Sunnah allows and then speaks within that paradigm. Bottom line.
There's nothing wrong with Einstein's theory of relativity in and of itself. And so too with the
vast majority of laws of physics and chemistry and biology, perhaps one or two issues are
		
00:10:00 --> 00:10:24
			are potentially problematic and for those it is a time for other discussion and Allah knows best.
The third question is always about Islamic fifth. And so the fifth question I chose I combined many
questions in one, vanilla extract, alcohol and food and Kombucha tea. Who knows what Kombucha tea
is? Who has tasted Kombucha tea? Who has tasted Kombucha tea? Not a single person come on. Okay. Is
it tasting good or not?
		
00:10:26 --> 00:10:30
			Sir Oh, he doesn't like how it tastes okay, now, is it halal or haram?
		
00:10:32 --> 00:11:10
			That's my question. Okay. I asked you how it tastes and I'm gonna ask you so I'm combining a lot of
questions into one and in this question is basically about having minute quantities of alcohol in
One's Food. Now, realize this is a very complex topic. I'm going to try to summarize it Inshallah,
in five minutes. The basic rule our profit system said Hadith and Sunnah and they say, mascara
cathedral for Kullu haram. This is the basic maxim of principle that is coming from the tongue of
our prophets of the law, what I do is that they memorize it it is the IDF and it is a rule of fic
that which intoxicates in large quantities is haram in small quantities. This is a maxim of filth,
		
00:11:10 --> 00:11:55
			and it is a Hadith that which intoxicates in large quantities is haram in small quantities. So
whatever intoxicates in large quantities by large quantities, we don't mean if you drink a lake, you
will die if you drink a lake, we mean that which a reasonable average person may consume in a short
period of time 5678 glasses, okay, anything beyond this, you're talking about dying before you if
something kills you before It intoxicates you that's not how long Okay? Water will kill you if you
drink, you know, gallons and gallons in a very short period, as has happened recently the number of
times So, if something in toxic eats in a reasonably large large quantity, a very minut light beer
		
00:11:55 --> 00:12:36
			for example, if you drink 10 glasses you'll become intoxicated. Therefore, a drop of that beer is
haram. Because if 10 glasses and toxic gets 10 small glasses, a person can drink 10 glasses in an
hour or two. If that will intoxicate than a drop of that beer if you put it on your tongue? It is
haram mascara cathedra who so clearly you do haram? However, a number of points first and foremost,
hunger is not alcohol. Not every alcohol is Hummer not every Hamid is alcohol. The Islamic
prohibition is on Hummer not an alcohol. Alcohol is a class of chemical compounds. Anything that has
an O H radical becomes an alcohol. Not every alcohol is Hummer methanol is not harmless it will kill
		
00:12:36 --> 00:13:15
			you before It intoxicates you methanol methanol does not harbor the primary alcohol in our times
that is 100 is ethanol or ethyl alcohol. That is what is found in beer and in other products. And
there are other types of alcohol that also intoxicated but not every alcohol and toxic gates, and
not every intoxicant is an alcohol. Therefore, when you pick up a food item, and you read all the
ingredients, and you read something isopropyl glycol, whatever alcohol, don't just say, Oh haram,
you need to do your research. Majority of those alcohols are chemical alcohols, not common. What is
clearly intoxicating, or potentially intoxicating, is ethanol or ethyl alcohol, both the same thing.
		
00:13:15 --> 00:13:15
			So
		
00:13:17 --> 00:14:05
			not all ethyl alcohol is haram as well. Why? Because if the quantity of ethanol is so minuscule,
that it will not intoxicate you, then it is not Hummer, even if there's ethanol ethanol in there.
And the classic example for this is vanilla. See, we need to look at what is the purpose of that
ethanol as well. Vanilla is a chemical compound that is found in a particular substance, the vanilla
fruit or nut, it is extracted, that is a that is a taste. And in order to get that extraction from
that extraction to your cake to your ice cream, there must be a mechanism to preserve the vanilla.
And that mechanism is ethanol. Ethanol. As every chemist and every person who study chemistry knows
		
00:14:05 --> 00:14:52
			ethanol is innate, and it does not interact with the substance. That's why it's so useful. You can
put another substance in ethanol and preserve the substance from the production to your kitchen. So
ethanol therefore becomes a solvent that has no actual role other than to preserve How can you
extract this and then take it to the kitchen it is via the mechanism of the ethanol. So vanilla
extract. Vanilla extract has a lot of ethanol but the purpose of the ethanol is what it is to
preserve the flavor of the vanilla and then how much do you add you will add half a teaspoon you
will add a few drops and that will then be to your whole cake or to your homemade ice cream which
		
00:14:52 --> 00:14:59
			will invite me to taste this inshallah if it's ice cream. So that amount of vanilla extract that you
add
		
00:15:00 --> 00:15:45
			It will never be enough to intoxicate you. It will never, you can eat lots of vanilla ice cream
somebody has experienced doing that I won't point any fingers. You can eat lots of vanilla ice cream
and you will not feel any intoxication mascara cathedral for Kullu haram that which intoxicating
large is haram and small therefore that which does not intoxicate in large is halal in large and
small. You can eat vanilla ice cream, you can eat vanilla cake, you will not become intoxicated.
Therefore, it is halal because it does not intoxicate in large quantities as well. Some natural
fermentation might occur. Actually, at the molecular level. Orange juice apple juice might have some
		
00:15:45 --> 00:16:25
			fermentation. If you were to do a very detailed chemical study of your orange juice at home, you
might find some fermentation some ethanol produced does it make orange juice out on? No, because you
can drink a lot of orange juice and what will happen? You might get sick but you won't become
intoxicated. So small minuscule quantities are overlooked. Now, what if somebody says then
therefore, why can't we go to a steak house Halal steakhouse we'll get to the meat issue in a few
weeks, I've already been barred from a barter with meat that's on the agenda as well. Meat is always
on the agenda. Don't worry hamdulillah so you go to a halal Steakhouse, and they add wine.
		
00:16:26 --> 00:16:42
			And you will say chef, you just said that if it doesn't and toxic in large quantities head out, head
out in small quantities, I can eat 234 of these steaks, I don't know what type of stomach you have,
but okay and I will not become intoxicated. Does that make the steak halal?
		
00:16:43 --> 00:17:30
			We say there is another principle and this is one of the principles of the Shetty out Omoro Bhima.
Also they have actions are judged by their intentions. This is actually the first principle in
science called the collide or the Maxim's of fillers, a branch of Islamic Studies called the Maxim's
of Islamic law, the number one Maxim the first maxim is, you judge actions by the intention. So we
do not say the ruling of vanilla extract is the same as the ruling of meat in which vodka or rum has
been added. Why? Because what is the purpose of the ethanol in the vanilla extract? It is to
preserve the flavor of the vanilla and to make the ethanol irrelevant? What is the purpose of adding
		
00:17:31 --> 00:17:33
			wine into the meat
		
00:17:34 --> 00:17:36
			to get the taste of the wine
		
00:17:37 --> 00:18:18
			a little more to be more cost Cydia. We do not say the same ruling applies. And so we say that one
is hella vanilla and the other is haram because the goal there is to taste the vodka or the rum or
the wine whereas the goal here actually ethanol is inert you don't even taste the ethanol The point
is to taste the what the vanilla so to conclude this, we say number one first thing you look at
first thing is it Hummer and Hummer is that which intoxicates the mind if it's not Hummer, it's
hella so we look at the ingredients not every alcohol is Hummer not every Hummer is alcohol there
are certain comas are not alcoholic right number two does consuming it in a reasonable quantity and
		
00:18:18 --> 00:18:56
			toxic hate if it does then it is how long so if you eat whatever you know marijuana cake you know
you have these marijuana you know cookies right you have the cookies oh sorry brownie somebody
people know better than I do. I don't know this as well as some of our brothers do. Okay, so the
hubiera knows as much as mashallah his products better so our brother knows his brownies and not
chocolate chip cookies. My mind went to cookies, but he says no, it is sold only only as brownies
but how do you know maybe somebody sells his cookies but anyway, so brownies if you have these
brownies that will make you high and if you have to eat six or seven brownies to get high, can you
		
00:18:56 --> 00:19:39
			eat a piece of brownie yes or no? No based on what? Mascara cathedral fucka noodle haram clear.
Okay, now vanilla cake, you can eat and eat and eat? Will you get high? No. Then you can eat cake.
Okay, that's the second principle. The third principle, even if it doesn't intoxicate you, you then
go to rule number three. Why was it added Macross it what was the goal of adding if it was added to
be a secondary product to preserve the flavor of the vanilla? We say it's overlooked because a taboo
taboo. There's another principle that which is anywhere that I mean it is basically look at it, but
if it was added for the taste, we say no that was the intention. So we then say it is not allowed.
		
00:19:39 --> 00:19:46
			Is that clear? Therefore whenever is it halal or haram? Yes or no? Halal, Kombucha tea What did I
say about it?
		
00:19:51 --> 00:19:59
			I didn't say anything very good. Why didn't I say anything? Because some varieties of kombucha tea,
especially the homemade root brews are actually
		
00:20:00 --> 00:20:38
			intoxicating. However, the kombucha teas that are sold in the market by law, because they are marked
because they are sold as non alcoholic products by law, they are not allowed to be intoxicating.
Therefore, we can say that those teas and what is Kombucha tea it is essentially for the henna here.
It is like the Nabhi that is similar to Naveen where you allow something to be fermented only for a
little bit and then you stop it right and the b There's a classical drink that the Hanafi is allowed
and the others did not allow. And the kombucha tea is something similar to natural fermentation that
is stopped it's not allowed to go all the way just a little bit is done. And its main purpose is
		
00:20:38 --> 00:21:15
			probiotics. They say they say I have not tasted it. You guys are much more experienced in cookies
and villas and whatnot. No, no vanilla sorry. I am experienced in Villa no problem. I am the hubby
and I am the chef of ice cream. No problem. Yes, but other things. I'll leave it to you guys. No
problem. So kombucha insha Allah it is halal if it is sold in the marketplace. As for the one who
makes it at home, I cannot give a verdict because sometimes those who brew it at home, they allow it
to ferment more than it should be as for the one that is holding the market, inshallah it is halal.
Nonetheless, the level of Hummer or sorry, the level of ethanol needs to be just monitored, even
		
00:21:15 --> 00:21:52
			though according to our government's laws, it is not allowed to sell Kombucha tea, unless the amount
of ethanol is insignificant, in which case it would be halal to the Allah knows best. The final
question number four was always miscellaneous. Somebody said, somebody asked me, How do we reconcile
going to Western courts, especially in marriage or divorce issues when it conflicts with Islamic
law? This is again, a very, very deep question. And perhaps we'll have a longer session about this,
however, realize that this question number one, it is generally theoretical,
		
00:21:53 --> 00:21:56
			and not practical. Why? Because
		
00:21:57 --> 00:22:36
			we do not have any legislative power is just talking the end of the day, the legislative power
belongs to the country that you're living in. And number two, generally speaking, people who go to
the courts are not interested in Islamic law. So a couple is having an argument or issue or two
people are having an issue, they go to the court, they're not interested in what a funny horror,
called the Euro chef has to say they've already decided it. Thirdly, this issue is highly
problematic, as well, because the far right loves to jump on this and to claim that us Muslims are
not patriotic. And you probably are aware a few years ago, there was an arbitration court here in
		
00:22:36 --> 00:23:19
			Dallas, and national media jumped on it. Oh, Sharia is being applied in Dallas. There was Fox News,
CNN, everybody went berserk. And what was it, it was a family arbitration little court little room
where the Imam would arbitrate between husband and wife and the national media went berserk on it.
So I have to be very careful because everything I say can and will be used against me in Fox News,
you have to be really careful how things are said over here. And we have to realize as Muslims, we
really need to educate ourselves Subhanallah we Muslims? We have to educate ourselves. Do you know
that our Jewish cousins in this country, they are operating a parallel system of courts for the last
		
00:23:19 --> 00:24:09
			50 years? And it is institutionalized? It is ratified by the government? It is completely legit. But
nobody raises an eyebrow. And this system is called that Dean literally beit Dean, the house of law.
Dean means law. Even an Arabic Dean can also be locked on Beit Dean the house of law, bet Dean and
the Orthodox and conservative Jewish groups. They have hundreds of these many courts, including here
in Dallas Bechstein were business partners, husband and wife can go in front of an actual rabbis
like Sharia, like judges, Islamic judges, they have rabbis who are trained not in American law, but
in what in Jewish law. And they will get their court case in the Jewish Bettin the bad deal will
		
00:24:09 --> 00:24:28
			ratify. And the government will allow this these two parties to arbitrate, nobody raises an eyebrow
when we want to do it Subhanallah the whole world objects. Why, frankly, because we didn't do our
own homework. And we didn't know what to say. And we didn't do it professionally. So in a nutshell.
		
00:24:29 --> 00:24:59
			Ideally, this topic needs to be explored more and that's one of the reasons I'm answering this
question to raise public awareness. Why can't we have our own equivalent of bed Dean's? Why Can't
We? Why Can't We? I'll tell you why. Because we are not organized. Otherwise, the law allows it. The
Constitution allows it and frankly the courts embrace it. Why do the courts embrace it because it
takes the headache off of their back. Instead of a longer list. You can say okay, and by the way,
this is only in certain areas, areas where the court allows arbitration, the court will never allow
you to do
		
00:25:00 --> 00:25:37
			arbitration when it comes to crime when it comes to stealing or * or murder? No, of course, not.
Only when two people are disputing amongst themselves, and they both agree that we want a religious
arbitration, not a secular arbitration, they both agree and there's no third party. So you cannot
have bed Dean, even in the Jewish system, when it comes to child custody, you have to go to the
secular courts, because that's where the court says, oh, no, we cannot have faith based. But if a
husband wife without children, they want to reconcile, right, if two business partners whenever
consult the American Constitution, the court system welcomes arbitration, go ahead, you guys do it,
		
00:25:37 --> 00:26:12
			take it off our back. So we should have no problems where the court allows us to also do the same
thing. But it is a voluntary opt in, both parties have to opt in, and they sign that they will opt
in. And there was a famous case, I think, a decade ago, where a Jewish couple, they went to the bed
Dean, then the wife disagreed, she sued in a civil court, and the Civil Court sided with the bet
Dean, and they said, Look, you signed, you signed willingly, that I want to go to the bed Dean, now
you cannot want it the judgment is something you don't like, you cannot then go and say, Oh, I'm
sorry, I just don't know. So you agree, you have to live up to your word to it. So this is a
		
00:26:12 --> 00:26:48
			voluntary opt in system. And we should also do this. As far as I know, it does not happen anywhere
in America, on the Muslim community, even though it's happening in every large city in the Jewish
community. And honestly, this is one of those areas where we Muslims, we need to learn from the
Jewish people and sit with them and see what have they done. And there are many Jewish rabbis that
are willing to help us out in this regard. Because they realize the more the merrier. They realize
their safety in numbers, they realize the more people do this, the better it is for them. So many
things, we end them we have so many things in common. And that's why in some European countries,
		
00:26:48 --> 00:27:27
			Jewish and Muslim communities have come together Kosher and Halal circumcision, they've come
together because the laws affect the both of us. So politics have their role, and we have
disagreements. But when it comes to living as minorities, we have so much work that we can do
together. And that's something that's a topic that needs to be discussed. In any case, this is all
theoretical, realistically, what is to be done? My response is it this is a case by case verdict, we
cannot make a generic statement. If a Muslim couple goes to the secular courts, and I'm talking
specifically about either a business partnership, or a marriage relationship, they go to the secular
		
00:27:27 --> 00:28:04
			court, and they're not interested in what the city has to say, then what can I do about that? What
can I do leave it to their affairs, if they are interested? First, they should come to the Sharia
compliant, and then see what can be done. See if we can do some type of arbitration within an
Islamic realm with the ratification of the secular court. And that should be done we can, we can
institute many bet deans, you don't need a formal body, you can just have a legally binding
arbitration, any lawyer, any lawyer can give you a document that says these two people are fighting,
and they've agreed to go to this arbitration and that arbitration will be legally binding as long as
		
00:28:04 --> 00:28:40
			these conditions are met. So I encourage all of you Muslims that have any dispute, to think about
going to a qualified, you know, fully qualified Mufti who knows the basics of American law, and also
the mechanism of a lawyer and get it done. Now, suppose it wasn't done. And this is where the
problem arises. And with this, we conclude suppose it wasn't done, and especially marital issues,
because by the way, business partnerships, generally speaking, secular course on Islamic law, pretty
similar business partnerships, generally speaking, you know, whatever the agreement is, is going to
be by the agreement, whatever the contract was. So overall, there will be much more overlap, but
		
00:28:40 --> 00:28:51
			family law, marriage and divorce, clearly, we have separate systems. So what can be done? This is a
tricky one case by case basis. I'll speak generically, if the husband goes to the divorce court.
		
00:28:52 --> 00:29:36
			It's pretty clear that after that has taken place, because the philosopher has the right of the
husband. So if the husband initiates the lab in the secular system, it is an Islamic plateau. The
bigger question comes, what if the wife goes to the divorce court and the husband is not wanting to
do that? This is once again, I'm speaking generically do not apply anything I say to any specific
case. First and foremost, every case is separate and unique. Go to a qualified 40 Remove the
Secondly, speaking in generics, if the wife quote unquote sues for divorce in a secular system, for
reasons that go back to her own personal issues, not abuse, not he's not taking care of me, it's
		
00:29:36 --> 00:29:59
			like I just want to remain married, like her own issues. And the husband eventually signs on to that
divorce proceedings. Insha Allah generally speaking, we can say this is a type of hula. This is a
type of hula, which is an Islamic mechanism of divorce that comes from the woman so She is suing for
divorce for personal reasons. She is not saying he's beating me up. She is not
		
00:30:00 --> 00:30:37
			Think he's not meant to. She's simply saying, I don't like the guy. I don't want to remain married
to him. That's her personal choice in Islamic Sharia. This is called Hola. And how that has its
rulings and cam and whatnot. So if the husband signs on, this is the type of hula no problem more
complicated and therefore I'm not going to give a generic verdict. What if she says he's beating me?
What if she says he's not taking care of me? What if she says he's abandoned me. And then she goes
to the Islamic court, and then successfully gets divorce. And the husband, which unfortunately, is
not uncommon, is simply a bad person. And he's simply not shows showing up to the divorce. And he
		
00:30:37 --> 00:31:16
			simply allows the court to do whatever, is this bollock or not? And the response to this, the fifth
Council has said, in such cases, the lady should come to the local scholar of Fatima and Adam,
present her case. And if he sees that there is validity, he may grant the Islamic divorce on top of
the secular one. Right. So he will look at the most classic example abandoned husband, this is the
most classic example right? The husband is just a nasty person. He leaves though so I'm not going to
divorce you, whatever. You know how it goes in our culture. I'm not going to divorce you you go and
see what you can do. What can she do Myskina she doesn't have anything she goes to the secular she
		
00:31:16 --> 00:31:55
			sues for divorce. She's successful, but Islamically the Nikka hasn't been broken. So what Phil
Council has said this lady should come to a reputable clerical Allah Masha, he should examine verify
that this man has indeed abandoned her. This man is indeed not taking care of her. And then on top
of that, he will then say yes, this man has not fulfilled his duties he should try to contact as as
the Islamic case hear his side of the story. If the man verifies that, you know what he's just being
an evil person he made the shift may then add on and say yes, the Talaq has taken place, and then
essentially ratify the secular divorce. Now, what if it cannot be ratified, that's where the gray
		
00:31:55 --> 00:32:35
			area comes. And I cannot give a generic fatwa case by case basis. But the bottom line, we need to
work within the system and by the way, the Maliki school and it is the most advanced school when it
comes to minorities because the Maliki school flourished in under close after the collapse of the
Nasrid. dynasty for 200 years, the Muslims were a minority. So Maliki filter developed many laws
about what should Muslims do in minority situations and they were the ones who said when there is no
Islamic system when there is no Islamic law, then every community will appoint its own scholar to
act as the call de enforced by the more community the community will then there is no judgment from
		
00:32:35 --> 00:33:00
			Islamic State now so what does one do the Muslim community will say this is our committee what the
committee says will go so that we should do the same in this community as well in every community
where we have a group of aroma to three, generally two, three is good because one person might be
mistaken to three you do that and they will then decide these family matters and base it based upon
that. And Allah subhanahu wata, Allah knows best Inshallah, tomorrow we have our lecture there'll be
two
		
00:33:01 --> 00:33:23
			way a moment that Diems is making fun of me by saying we're ready to have a holiday. No, I am. My
name is Ali, but I am not a coffee coffee, okay. That is an appointment that needs to be done. Okay.
Inshallah. Tomorrow we have our lecture about the science of judgment day between multiple inertia
and show the next week we'll continue our Tuesday class that I'm wanting to look
		
00:33:24 --> 00:33:24
			at