Yasir Qadhi – Gender Roles, Free Mixing, Divorce Dowry, & Apostasy

Yasir Qadhi
AI: Summary ©
The speakers emphasize the importance of maxims and al'ul in modern times and the need for a constantly adjusted approach to the Sharia. They stress the importance of gradualism and rethinking the reality of the situation, as well as preserving the right to obedience and educating men and women on their rights and authority. The speakers also emphasize the need for a strong stance on segregation and prioritize learning and studying, addressing issues such as women's roles and women's roles and issues.
AI: Transcript ©
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Welcome to another podcast with, our Sheikh, our

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mentor,

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Sheikh,

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Hatemal Hajj. And, we had already had a

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past one about a very sensitive topic. Today

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we will continue, inshaAllah, with other

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sensitive topics that are inshaAllah of practical value

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to the Muslim community. So welcome, Sheikh, to

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our second podcast.

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Today, inshaAllah, we wanted to talk a little

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bit about

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the issue of the application

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of fiqh in modern times

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and

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the fact that sometimes

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what we find as the ideal position

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is not

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one that is the most conducive to the

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time frame we live in. And that raises

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a whole host of questions.

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The issue of gradualism, the issue of pragmatism,

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the issue of understanding

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classical fiqh in modern times, to what level

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there's allowed, to what level there isn't allowed.

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So today we're gonna be talking about a

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number of topics

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that overall

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deal with

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the

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internal

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leeway

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that the Sharia provides

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and where that leeway crosses the red line

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in terms

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of fine tuning

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the akham of our fiqh. So with this

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overall introduction, Sheikh, can you summarize for us

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certain

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principles that every single student of knowledge should

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be aware of when it comes to, understanding

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akham and you know the famous principle,

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and all of these types of maxims and

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al'ul from wa hakam. Can you help us

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for whatever, you know, you have in mind

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to summarize the most essential and maxims that

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the student of knowledge should be aware of?

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Of.

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For the invitation.

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And then,

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as as you said, the there are certain

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principles that are immutable principles, Islamic principles that

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are immutable. They are unchanging.

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The beauty of Islam and the genius of

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the Sharia of Islam is that we have

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constant objectives, we have overarching

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maxims that do not change,

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and we have a very flexible legal framework.

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When we say flexible legal framework, people should

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not misunderstand

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this to to mean that we can

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basically play around with our

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detailed rulings whenever we want by Tashahi

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or by passions and desires,

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and biases.

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This is not true. So

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Imam Shatabir has a statement,

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that that is, very accurate, very precise, and

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very thoughtful

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about

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the divine address not being subject to change.

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He says that had the Sharia,

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had had it been meant for this world

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to be eternal,

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the Sharia would never need to be changed.

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We would never need a new

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divine address to humanity. It's done. Is

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done, has been fulfilled

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by the Sharia of Islam and if this

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world would,

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was meant to be eternal or were meant

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to be eternal, which it is not,

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the Sharia will be

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relevant and applicable for eternity.

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And

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he says when customs change,

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it's a

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and and new rulings are applied to new

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customs,

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this is not a change in the divine

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address itself. However, it is

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basically,

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those customs

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falling under different principles

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different principles of the Sharia that are that

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continue to be fixed.

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So imagine 3 layers the highest objectives of

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the Sharia,

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the overarching maxims and principles of the Sharia

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and then the flexible

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legal framework.

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The Sharia, the objectives

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are stable. They are fixed. They're up here.

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The principles

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are here

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and those are basically,

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the the the legal maxims, the manataatahab

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alakam, the effective cause of alakam,

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and and so on. Those are fixed.

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And then,

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underneath,

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you know, there is the,

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changing customs, the changing circumstances,

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changing realities.

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And those changing realities when they move, when

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they change, they fall under different principles.

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The principles are fixed. The reality is changing.

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They would fall under different,

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principles.

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There is

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there has been and there will continue to

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be. And if we were

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to keep the relevance and the practical practicability

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or reality, I'm sorry, of the Sharia,

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then we will have to

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recognize

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that there has always been a dialectic

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between

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the law

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and the reality.

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And this dialectic,

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was

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recognized

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by the scholars. The the erudite,

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verifying

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scholars have always recognized this

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and have always been

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ready

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to

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adapt to new realities and to adjust Al

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Hakam to new realities.

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If you remember in our previous discussion

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about,

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the Khalifa, we talked about how,

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the scholars,

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you know, out of their

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interest in and desire for peace and order,

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they were flexible enough to accept

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sort of different

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forms

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of conferring legitimacy

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on,

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you know, imams whether it's through ahad or

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passing on the covenant or

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even forcible seizure of power in the interest

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of peace and order.

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You could say that this is like a

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manifestation of their pragmatism

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or their,

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basically,

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adaptation

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to different realities of their of their times.

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So

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we we need to make sure,

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at the end of the day that,

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only qualified

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scholars will be entrusted

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with,

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this

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very important work of the jiddeed or the

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renewal and revival

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of the Sharia

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and and the prophet

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used the word Tajdid

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Allah

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will commission,

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send to this Ummah

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Ummah,

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you know, at the beginning of every century

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or at the turn of every century.

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He who will or they who will,

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many people say it is they, not he.

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They who will renew its theme for it,

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renew.

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He used renewal.

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He did not use restoration.

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He used renewal.

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And many people want to say

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that it is only about restoration.

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It is only about bringing the people back

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to the way things were during the time

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of the prophet

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and the companions

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radiallahu anhu. And of course it is,

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mainly about this. It's mostly about this. It's

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mostly about the fact that the Ummah can

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drift away from the Islamic ideals and needs

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to be reminded

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of the Islamic ideals,

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but it is also about its tahari renewal.

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It's also about

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adjusting to new realities and adapting

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to new realities,

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not simply

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restoration. Because restoration would

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be suitable

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for,

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basically restoring

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a fixed structure,

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like a static fixed structure, like a building,

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to its old glory.

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But Islam is a lot more dynamic than

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this. So, Sheikh, all of this is fine

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theoretically. As you know, the devil is in

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the details. Right? Of course. And as you're

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aware, there's a constant pushback and internal struggle

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and dialogue going on between rilemmah and dua'at,

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between movements. As you're aware, you have the

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hardcore traditionalist,

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and then you have, you need the both

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of us are coming from the Tajdidi Wasati

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revival paradigm exemplified by Rashid Doolittle and others

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of trying to rethink through. And then you

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have, of course, modernists and progressives who really

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don't seem to care about the Sharia. So

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you have this entire spectrum. So again, the

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question is in your mind, what is the

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red line like up to what level? What,

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when it, when would it be considered,

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that you are actually rejecting the sharia or

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or trying to do that which is not

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allowed to do?

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Okay. So when you try to change things

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that are not meant to be changed ever,

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there are certain things. There are aqa'id,

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the creeds,

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that are not meant to be changed.

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There are the,

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morality, the principles of morality,

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in Islam. These are not meant to be

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changed.

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There are

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There are the sort of the fixed,

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instructions

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of the Sharia

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and quantifiable

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instructions of the Sharia that are not meant

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to be changed.

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There are,

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mostly in the area of Ibadat. The Ibadat

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are never meant to be changed,

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so there will not come a time where,

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fasting in Ramadan will start from Zohr and

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end at Asro or Maghreb.

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These things are never meant to be changed,

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but there is plenty of room for a

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change in

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certain areas, in international relations,

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in

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financial transactions, in

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some adaptability

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even

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in family rules or family laws,

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that's

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less amenable to change. We'd be closer to

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Ibadat than it is to Muhammad, but there

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should still be some room for adaptation to

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new realities in the world.

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There would Who gets to decide, Sheikh?

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The qualified scholars, the and that's why we

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have it. There will be an internal

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disagreement at times.

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Certainim of certain names. Outside of that circle

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should understand

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where qualified scholars disagree and where they are

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unanimous in this regard. Right? Yeah. Because one

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of the problems we have is again,

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the the quickness with which any type of

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discussion of the type that you're doing is

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automatically disqualified

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because there's a knee jerk reaction to any

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type of fine tuning that the sharia actually

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allows. So I'm gonna now do a deep

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dive and do specific topics. And again, for

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the record this is not scripted. Yeah. We

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were just I have questions and ideas in

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mind but you know, this is something we're

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coming organically insha Allahu Ta'ala. So I wanna

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hear the sheikh's view and obviously I have

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my views and we can,

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discuss them back and forth. But let's begin

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with one of the most

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constantly discussed issues over and over again, and

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that is the hudood and apostasy laws.

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What do you expect a modern Muslim nation

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state, a modern Muslim country that suppose a

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political party because theoretically, I don't wanna mention

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specific countries' name. Suppose a Muslim majority country

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and Islamist party comes to power. Right? And

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now they have taken over, Alhamdulillah, a massive

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group of of of Muslims,

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the majority of whom are not religious people

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5 times a day praying. The majority of

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whom are involved in sins like drinking and

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whatnot. And now this party has come to

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power

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and they decide to

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fine tune

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and not apply the Sharia instantaneously.

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Because according to their view, I mean, again,

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let's look at Egypt when the spring happened

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or spring happened. As you know, the quick

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modifications that, the Islamist party had to do,

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like, is there gonna be Jizyah? Well, okay,

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I guess not. There's not gonna be Jizyah.

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Okay, how about a non Muslim,

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power? Oh, they can have power except for

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the president. What do you mean he can't

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be there? So as you know, the whole

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conversation took place. Is that Kufr,

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the gradualism

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that these parties adopted?

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Can they make a temporary change for the

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sake of a greater good,

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or

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must they apply instantaneously,

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or

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is there actual leeway for rethinking through, for

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example, apostasy and the the the the the

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the the the punishment for apostasy? Some thoughts

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about these types of things. And I have

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my views, but let's hear yours.

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Okay. So yeah.

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The first thing that we have to agree

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on, and I think Muslims practice, Muslims all

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agree on, is the perfection of the Sharia

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and the ultimate wisdom of our lord and

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mercy of our lord.

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And whatever it is that he had legislated

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for us

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is,

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infant infinitely wise.

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As

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said,

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So Sharia is is based on the benefit

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and the well-being, welfare of people

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in this life and the one to come

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and,

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sort of immediate and long term.

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And, he says it's it's all about mercy.

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It's all about justice. It is all about

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wisdom.

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Anything that departs from this is not part

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of the Sharia even if it was interpolated

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into it.

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So

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we we have to,

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accept

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the Sharia in its entirety.

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The prophet Allah

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which basically embrace Islam in its entirety. All

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of you embrace Islam or it could mean

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also embrace Islam in its entirety.

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So we are embracing Islam in its entirety.

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You

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know,

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everything that comes from our Lord is good

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for us.

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But at, again, at the same time, I

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don't think that even

00:14:11 --> 00:14:13

the the most

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

strict,

00:14:15 --> 00:14:17

I I shouldn't say that, but I think

00:14:17 --> 00:14:18

that even

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

the more strict,

00:14:22 --> 00:14:24

there there are people outside of the scholar

00:14:24 --> 00:14:26

of the community, and we're not talking about

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

the people, the extremists outside of the scholarly

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

community, but within the scholarly community

00:14:30 --> 00:14:33

even the stricter scholars would recognize the need

00:14:33 --> 00:14:34

for gradualism.

00:14:35 --> 00:14:38

Even the stricter scholars would recognize that Umar

00:14:38 --> 00:14:39

suspended

00:14:39 --> 00:14:41

the hadd for sariqa,

00:14:41 --> 00:14:44

during Qam al Majah or during the famine.

00:14:45 --> 00:14:46

And

00:14:46 --> 00:14:47

they would recognize

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

how Omar changed certain things because of the

00:14:50 --> 00:14:52

changes in social political

00:14:53 --> 00:14:56

realities. You know? The the the deya that

00:14:56 --> 00:14:57

used to be that

00:14:58 --> 00:15:00

used to be, or the the the blood

00:15:00 --> 00:15:02

money that used to be, the responsibility of,

00:15:03 --> 00:15:04

which is the paternal

00:15:04 --> 00:15:04

kin.

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

Omar changed it because of the changes in

00:15:08 --> 00:15:11

the sociopolitical realities of of their times. People

00:15:11 --> 00:15:13

moved around, and by the time you collected

00:15:13 --> 00:15:14

the data from Al Aqed, it would have

00:15:14 --> 00:15:16

taken months or years and would have been

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

unfair

00:15:17 --> 00:15:20

to the family of the victim. But Omar

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

changed it to Adel Diwan, the people that

00:15:22 --> 00:15:24

are registered in the same or these people

00:15:24 --> 00:15:25

in the same registry,

00:15:26 --> 00:15:27

same town,

00:15:27 --> 00:15:31

same Nakaba or Sendikit, same this, same that.

00:15:32 --> 00:15:35

And that that is basically a precursor of,

00:15:35 --> 00:15:37

like, insurance companies. You know? Like

00:15:38 --> 00:15:39

Interesting. So yeah. So

00:15:42 --> 00:15:44

so even the strictest scholars

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

or the the the the stricter scholars would

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

recognize

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

adaptability and would rather

00:15:51 --> 00:15:53

of course, you know, the Hanafis and Maryknives

00:15:53 --> 00:15:54

accepted Omar's

00:15:55 --> 00:15:57

position on on the issue of lahakila

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

not the Shafi'i's al Hanbari so there is

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

still this

00:16:00 --> 00:16:02

there is still disagreement and there is still

00:16:02 --> 00:16:03

like a,

00:16:05 --> 00:16:08

a dialogue between the scholars and this dialectic

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

between the law and the reality.

00:16:11 --> 00:16:12

But,

00:16:12 --> 00:16:13

gradualism

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

is is basically

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

just

00:16:17 --> 00:16:20

it's untenable to think that you could impose

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

all of these things all of a sudden

00:16:22 --> 00:16:24

on on people without

00:16:25 --> 00:16:28

sort of gradual steps towards the the realizing

00:16:28 --> 00:16:31

gradualism would not be considered Kufr. Oh, of

00:16:31 --> 00:16:34

course not. Like, of course not. So to

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

be very specific then But also the the

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

hadood, yeah, in all honesty, the the the

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

the hype about the hadood, the the there

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

are,

00:16:42 --> 00:16:44

you know, people disagree. How many hadood are

00:16:44 --> 00:16:46

there? The the 3, 4, 5. Well yeah.

00:16:46 --> 00:16:48

So let's say 4 hadood,

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

that that that are fixed penalties.

00:16:52 --> 00:16:55

Look. Why is it why is acclimatally a

00:16:55 --> 00:16:57

team or devouring the wealth of the orphan

00:16:57 --> 00:16:59

more? The simple. Exactly.

00:16:59 --> 00:17:00

Not a hard double.

00:17:01 --> 00:17:02

Hard double is a new one.

00:17:03 --> 00:17:05

Yeah. I use those things. Okay. But but

00:17:05 --> 00:17:07

but why why there is why there is

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

no hard for

00:17:09 --> 00:17:11

a team? That that small bikat, you know,

00:17:11 --> 00:17:12

for for Riba.

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

So

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

if you look if you examine the the

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

Hadood punishments, there is always this

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

huge force,

00:17:21 --> 00:17:24

that is pushing you or pulling you, and

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

Allah wants to deter you. This this this

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

is not meant for revenge. It's meant for

00:17:28 --> 00:17:30

deterrence, and evidentiary

00:17:30 --> 00:17:33

standards that were applied by the scholars throughout

00:17:33 --> 00:17:34

the ages,

00:17:35 --> 00:17:38

indicate that this is about deterrence. It is

00:17:38 --> 00:17:40

not about revenge.

00:17:40 --> 00:17:43

It is about it is about deterrence and

00:17:43 --> 00:17:45

purification but mainly deterrence.

00:17:46 --> 00:17:48

So you have, like, the zine. You know,

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

great harm can can ensue from this family

00:17:51 --> 00:17:52

breakdown, societal breakdown.

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

And then,

00:17:54 --> 00:17:57

the pull, you know, is is enormous. That

00:17:57 --> 00:17:58

that lust

00:17:58 --> 00:18:01

has enormous power. So there has to be

00:18:01 --> 00:18:02

a high wall

00:18:03 --> 00:18:05

to deter people from this

00:18:05 --> 00:18:08

crime that will cause this much harm, you

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

know,

00:18:08 --> 00:18:11

to protect people's honor. The same applies to

00:18:11 --> 00:18:13

kazf, to protect people's honor. And then the

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

push is also great because it's usually done

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

in a state of extreme anger.

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

You have, you know,

00:18:22 --> 00:18:25

not not hadood specifically, but but, which is

00:18:25 --> 00:18:26

also severe punishment,

00:18:26 --> 00:18:27

you know,

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

equal retribution,

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

to protect people's life. You have,

00:18:34 --> 00:18:37

you know, the cry the theft, for instance,

00:18:37 --> 00:18:40

to to protect people's property. And then the

00:18:40 --> 00:18:41

the the drive,

00:18:42 --> 00:18:43

for it is is huge as well. So

00:18:43 --> 00:18:44

let us

00:18:44 --> 00:18:47

understand that we're talking about

00:18:48 --> 00:18:49

4 or 5 punishments

00:18:50 --> 00:18:51

out of 1,000

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

that are left morals are yeah. That are

00:18:54 --> 00:18:57

left for this this discretionary punishment. Yeah. You

00:18:57 --> 00:18:58

know, tazir.

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

And out of

00:19:01 --> 00:19:04

1,000 more where no punishment at all is

00:19:04 --> 00:19:04

prescribed

00:19:05 --> 00:19:06

or, like,

00:19:07 --> 00:19:08

no penalties,

00:19:09 --> 00:19:13

are are are prescribed whatsoever or encouraged whatsoever.

00:19:13 --> 00:19:15

So it

00:19:15 --> 00:19:16

we have to basically

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

think of the hadood in in in light

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

of this and understand that gradualism,

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

is

00:19:26 --> 00:19:27

is an essential,

00:19:28 --> 00:19:30

basically part of the application

00:19:31 --> 00:19:34

of Sharia. Gradualism is an essential purpose. There

00:19:34 --> 00:19:36

be so let's be firstly, give an example.

00:19:37 --> 00:19:38

Again, hypothetical.

00:19:38 --> 00:19:41

So And you talked about apostasy, right? Yeah.

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

We'll get back to the we'll get before

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

we start that one. Hypothetical example, a majority

00:19:45 --> 00:19:47

Muslim land has had an Islamist party. They

00:19:47 --> 00:19:48

win the party, they win it. They they

00:19:48 --> 00:19:50

they're now in parliament or at least they

00:19:50 --> 00:19:51

can maneuver.

00:19:51 --> 00:19:53

But the country has allowed,

00:19:53 --> 00:19:54

has allowed,

00:19:55 --> 00:19:57

has allowed so much for war.

00:19:58 --> 00:19:59

The Islamist party

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

tactically wants to get to a position where

00:20:03 --> 00:20:05

more and more Islamic laws can be applied,

00:20:05 --> 00:20:07

but they can't do it overnight. So they

00:20:07 --> 00:20:09

say that, okay,

00:20:10 --> 00:20:12

let us start, let's just say,

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

taxing,

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

hamar. Let's just say. So that we wanna

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

deincentive or sorry sorry, yeah, deincentive. I wanna

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

make it, you know, more difficult for them

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

to acquire. They cannot shut it down immediately,

00:20:22 --> 00:20:23

let's just say.

00:20:24 --> 00:20:26

Critics are gonna say, this is kufr.

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

They have

00:20:28 --> 00:20:29

not applied the Sharia.

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

And even if they're trying to de incentivize,

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

the fact of the matter is

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

it's still allowed and their laws

00:20:37 --> 00:20:40

are not banning and prohibiting. The counterargument from

00:20:40 --> 00:20:42

their side is that, yeah, but we have

00:20:42 --> 00:20:44

a group of drunkards, we have a whole

00:20:44 --> 00:20:47

society that's immersed in this sin. They're not

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

gonna go from 0 to 100 immediately.

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

So as one simple example, again, hijab for

00:20:51 --> 00:20:54

example, right? As you are aware, those countries

00:20:54 --> 00:20:55

that have tried to enforce

00:20:56 --> 00:20:58

it, generally speaking has been a harsh backlash.

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

You know?

00:21:00 --> 00:21:02

And those countries that are organically

00:21:02 --> 00:21:05

attempting to bring about morality have actually seen

00:21:05 --> 00:21:06

massive success rates

00:21:07 --> 00:21:09

in this regard. So comments and thoughts on

00:21:09 --> 00:21:10

this type of these examples.

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

Well, you you know, the

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

the taxing

00:21:14 --> 00:21:16

hamra, for instance,

00:21:16 --> 00:21:19

this is what our Khalifa did, you know,

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

from the Rashidun,

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

but not not, you know, levying taxes on

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

Muslims, but non Muslims.

00:21:25 --> 00:21:27

So non Muslims and,

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

and

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

the

00:21:30 --> 00:21:31

Omar

00:21:31 --> 00:21:32

said,

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

let them sell it, and then you take,

00:21:36 --> 00:21:37

basically,

00:21:37 --> 00:21:40

your taxes from them. You take the tax

00:21:40 --> 00:21:41

your taxes from them.

00:21:43 --> 00:21:45

So non Muslims in a Muslim country will

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

not be forced to shun ham.

00:21:47 --> 00:21:50

They're allowed to sell ham to among themselves.

00:21:51 --> 00:21:53

And to produce it and manufacture it then.

00:21:53 --> 00:21:54

Yeah. Well, if you're there, they will sell

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

it, they will produce it. Mhmm.

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

And and

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

then they collected taxes from them.

00:22:01 --> 00:22:03

And this is not

00:22:03 --> 00:22:04

this is not.

00:22:04 --> 00:22:05

This

00:22:05 --> 00:22:06

is. This is.

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

But that was for

00:22:09 --> 00:22:11

the. That's for. Yes. So

00:22:11 --> 00:22:14

the idea that you will never find Khamr

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

in a Muslim country and it would never

00:22:16 --> 00:22:18

be allowed, would be completely eliminated

00:22:18 --> 00:22:22

is has not been real or or true

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

even the time of Muhammad bin Khattab. Exactly.

00:22:25 --> 00:22:27

So let's be clear on this. The the

00:22:27 --> 00:22:28

second thing is

00:22:28 --> 00:22:30

now if Muslims

00:22:30 --> 00:22:32

like, if if we can do this with

00:22:32 --> 00:22:32

non Muslims,

00:22:33 --> 00:22:36

we want to to sort of bring Muslims

00:22:36 --> 00:22:37

into the fold of Islam

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

gradually.

00:22:39 --> 00:22:40

And if

00:22:40 --> 00:22:40

if,

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

taxing,

00:22:42 --> 00:22:43

hamr

00:22:44 --> 00:22:45

will be a step towards,

00:22:47 --> 00:22:49

you know, the the complete prohibition

00:22:50 --> 00:22:51

of Hamr

00:22:51 --> 00:22:52

enforced

00:22:52 --> 00:22:53

by

00:22:53 --> 00:22:57

the government, complete sort of enforced enforcement of

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

prohibition

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

by the government.

00:23:01 --> 00:23:02

Prohibition of hamra

00:23:03 --> 00:23:04

can never be

00:23:05 --> 00:23:07

sort of debated among Muslims.

00:23:08 --> 00:23:10

Hamra is prohibited. You are a sinner if

00:23:10 --> 00:23:12

you drink. You are a sinner if you

00:23:12 --> 00:23:14

sell, buy, produce,

00:23:15 --> 00:23:15

etcetera.

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

Certainly,

00:23:17 --> 00:23:19

you know, there there is this this agreement

00:23:19 --> 00:23:21

outside of the Muslim lands and and and

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

then so on in terms of selling it.

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

But but the idea here is we're not

00:23:26 --> 00:23:28

talking about the ruling of Khamri here. We're

00:23:28 --> 00:23:30

talking about a Muslim government

00:23:31 --> 00:23:31

who

00:23:32 --> 00:23:33

comes, like or or or

00:23:34 --> 00:23:36

and and and in all honesty,

00:23:37 --> 00:23:38

I I believe that,

00:23:39 --> 00:23:40

I believe that,

00:23:41 --> 00:23:44

Islam should be kept away from partisan politics.

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

Islam can never be

00:23:46 --> 00:23:47

apoliticized

00:23:48 --> 00:23:50

or can never you know, you can never

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

remove politics from Islam

00:23:52 --> 00:23:55

or Islam from politics, Islam from influencing the

00:23:55 --> 00:23:56

public space.

00:23:56 --> 00:23:59

But I don't think that Islam should be

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

exploited

00:24:00 --> 00:24:01

or used,

00:24:03 --> 00:24:04

for partisan politics.

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

But if

00:24:06 --> 00:24:08

a group of well meaning Muslims,

00:24:09 --> 00:24:12

or like a a well meaning party that

00:24:12 --> 00:24:15

is Islamically oriented, that is

00:24:16 --> 00:24:18

informed in their policies and their strategies and

00:24:18 --> 00:24:20

their priorities and their objectives

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

by their Islamic values

00:24:23 --> 00:24:26

and their commitment to their religious commitment,

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

come into power

00:24:28 --> 00:24:30

and decide that they will,

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

try to,

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

take gradual steps towards,

00:24:35 --> 00:24:37

you know, the the complete prohibition of ham

00:24:37 --> 00:24:38

for Muslims

00:24:39 --> 00:24:39

for Muslims,

00:24:40 --> 00:24:42

then I would not fall to them, let

00:24:42 --> 00:24:43

alone call them kuffar.

00:24:43 --> 00:24:45

So again, Shaikh, as you're aware, no scholar

00:24:45 --> 00:24:47

is of that nature, but unfortunately, we have

00:24:47 --> 00:24:49

to deal with so many especially in the

00:24:49 --> 00:24:51

west, they they don't understand

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

the gradualism or

00:24:53 --> 00:24:54

and they assume that,

00:24:55 --> 00:24:57

you know, we have to implement instantaneously

00:24:58 --> 00:24:59

overnight. And this is something that

00:25:00 --> 00:25:02

we have spoken about multiple times. Let me

00:25:02 --> 00:25:04

give you the, another example of that. You

00:25:04 --> 00:25:06

remember Abdul Malik bin Narmarwan, Abdul Malik bin

00:25:06 --> 00:25:08

Nohmar bin Abdul Aziz and what he said

00:25:08 --> 00:25:10

to Umar bin Abdul Aziz. Like, he blamed

00:25:10 --> 00:25:13

him for Yes. You know, for his timidity

00:25:13 --> 00:25:16

to to enforce all the Always the youngsters

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

when I have that immediatism. Yeah. Who's being

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

blamed here?

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

So

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

so Imam Abu al Aziz told him if

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

I if I do it all at once,

00:25:27 --> 00:25:30

they will rebel all at once. Yeah.

00:25:31 --> 00:25:34

That's what it is. Like, aren't you happy

00:25:34 --> 00:25:36

if you if no day passes

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

except that your father will be Yahi sunnayim

00:25:39 --> 00:25:42

bida? Yeah. It's getting better by bit. Yes.

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

Exactly.

00:25:44 --> 00:25:46

I I think that this the the that

00:25:46 --> 00:25:48

this is the difference between Abdul Malik,

00:25:48 --> 00:25:51

ibn Omer Abdelaziz, and Omer Abdelaziz. Theoretical,

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

youngster, idealistic,

00:25:53 --> 00:25:54

seasoned politician,

00:25:54 --> 00:25:57

wise, experienced. This is the difference between the

00:25:57 --> 00:26:00

2. Pious. Pious as well. It's Much more

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

pious, much more knowledgeable. Yes. This is the

00:26:03 --> 00:26:04

standard clash, so we have to always deal

00:26:04 --> 00:26:06

with it. So, Sheikh, one of the issues

00:26:06 --> 00:26:08

that we constantly get asked, and I get

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

asked this in public by non Muslims in

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

particular, and I've given my responses in this

00:26:12 --> 00:26:15

regard, the issue of apostasy and blasphemy.

00:26:15 --> 00:26:18

And my position has been no doubt the

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

Sharia has

00:26:19 --> 00:26:22

the ideal laws, and nobody has the right

00:26:22 --> 00:26:24

to permanently change the laws of the Sharia.

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

Given the nation states we live in, given

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

that the world has changed and we are

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

no longer under a khilafa,

00:26:31 --> 00:26:34

just like in a nation state, we cannot

00:26:34 --> 00:26:36

implement the jizya. Even though ideally, there is

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

just a selection of jizya. So given the

00:26:38 --> 00:26:41

modern world we live in, that if somebody

00:26:41 --> 00:26:45

changes one's faith in a Muslim majority land,

00:26:45 --> 00:26:47

it's up to them

00:26:47 --> 00:26:49

if they're able to implement. Alhamdulillah, and that

00:26:49 --> 00:26:52

is ideal. Nobody's gonna deny that. But if

00:26:52 --> 00:26:54

in case an Islamic party is not able

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

to implement Allah's

00:26:56 --> 00:26:57

ideal ruling in that particular

00:26:57 --> 00:26:58

situation,

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

This is not in and of itself a

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

rejection of the Sharia as long as they

00:27:02 --> 00:27:04

don't ascribe it to Allah Subhanahu Wa Ta'ala.

00:27:04 --> 00:27:06

As long as they understand that given the

00:27:06 --> 00:27:08

modern dynamics we live in, that this is

00:27:08 --> 00:27:10

not something that is possible for us to

00:27:10 --> 00:27:13

do without repercussions that are worse than the

00:27:13 --> 00:27:16

positives we think will be achieved. Right? So

00:27:16 --> 00:27:18

that has been my position that that is

00:27:18 --> 00:27:21

something that a modern nation state, because they're

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

not a Khalifa and because they're not applying,

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

They cannot apply all the sharia anyway. So

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

what are your thoughts on this of,

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

apostasy laws and and, blasphemy laws?

00:27:32 --> 00:27:34

I would even take it a step further

00:27:34 --> 00:27:36

and say that apostasy,

00:27:36 --> 00:27:37

you know,

00:27:37 --> 00:27:38

you know that I'm Hanbali,

00:27:39 --> 00:27:41

In in our method, it is not a

00:27:41 --> 00:27:44

hard. It is not a fixed penalty. It's

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

a discretionary,

00:27:45 --> 00:27:46

punishment,

00:27:47 --> 00:27:48

a discretionary

00:27:49 --> 00:27:51

punishment that was legislated. I have written a

00:27:51 --> 00:27:53

paper on this. It's it's online. If you

00:27:53 --> 00:27:56

put in my name and apostasy, you will

00:27:56 --> 00:27:58

find my my detailed position

00:27:58 --> 00:28:00

on this issue. I I don't think that

00:28:00 --> 00:28:02

it would be possible for us to deny

00:28:02 --> 00:28:03

that this

00:28:03 --> 00:28:04

ruling had existed,

00:28:05 --> 00:28:07

that this punishment has been executed,

00:28:08 --> 00:28:11

by, you know, the the the the the

00:28:11 --> 00:28:12

Khalifa.

00:28:13 --> 00:28:16

It it is controversial whether it was ever

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

implemented during the time of the prophet sallallahu

00:28:19 --> 00:28:20

alaihi wasallam.

00:28:20 --> 00:28:20

There's

00:28:21 --> 00:28:24

controversial reports about this. I'm aware of them,

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

but it is unclear whether the prophet, sallallahu

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

alaihi wa sallam, ever implemented

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

this

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

punishment. There are

00:28:31 --> 00:28:34

some reports where it's clear that he had

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

not implemented it, people who apostasized

00:28:37 --> 00:28:38

in his face, you know,

00:28:39 --> 00:28:40

who who were left,

00:28:41 --> 00:28:44

and this punishment was not exact exacted against

00:28:44 --> 00:28:46

them. And that is part of the reason

00:28:46 --> 00:28:49

why in Hambeli FEP,

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

this is considered as a discretionary punishment because

00:28:52 --> 00:28:54

how they can never be

00:28:54 --> 00:28:56

suspended once, you know,

00:28:57 --> 00:28:59

it reaches the court and the prophet

00:28:59 --> 00:29:01

was the court at at those times.

00:29:01 --> 00:29:02

It has to be,

00:29:03 --> 00:29:03

basically,

00:29:05 --> 00:29:06

sort of applied.

00:29:07 --> 00:29:10

But since the prophet salallahu alaihi wa sallam

00:29:10 --> 00:29:11

waved it at at certain times,

00:29:13 --> 00:29:16

then it makes it makes perfect sense that

00:29:16 --> 00:29:18

this is this discretionary punishment. It existed.

00:29:18 --> 00:29:20

This is the position of the 4 imams,

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

particularly with Muslim men. The imam Hanifa has

00:29:23 --> 00:29:26

a different position about Muslim women, which also

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

indicates

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

the the the legal justification,

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

the

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

sort of,

00:29:32 --> 00:29:33

racial bias

00:29:33 --> 00:29:34

behind this

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

law

00:29:36 --> 00:29:38

that, why is he differentiating between men and

00:29:38 --> 00:29:39

women? Because,

00:29:41 --> 00:29:42

traditionally,

00:29:43 --> 00:29:45

people who apostasy apostatized

00:29:45 --> 00:29:46

or,

00:29:46 --> 00:29:48

k, you know, went back into,

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

Khafre. They joined the

00:29:52 --> 00:29:53

Kufar. They joined.

00:29:53 --> 00:29:56

They they they, and they they started to

00:29:56 --> 00:29:57

fight

00:29:57 --> 00:29:59

against Muslims, but he

00:29:59 --> 00:30:01

they estimated that women would not be doing

00:30:01 --> 00:30:03

this, would not be fighting.

00:30:05 --> 00:30:08

Anyway, the the discussion on apostasy and the

00:30:08 --> 00:30:11

different positions the different scholars, particularly the contemporary

00:30:11 --> 00:30:12

scholars, have taken,

00:30:13 --> 00:30:15

taken with regard to apostasy is is a

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

very lengthy discussion.

00:30:17 --> 00:30:18

But in my viewpoint,

00:30:18 --> 00:30:21

this is a discretionary punishment that does exist.

00:30:21 --> 00:30:23

It existed in our history.

00:30:23 --> 00:30:25

But being a discretionary punishment, it can be

00:30:26 --> 00:30:28

suspended for a greater benefit. It can be

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

suspended

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

for a greater benefit. This is even more

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

radical than what I have argued for. Yeah.

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

Okay.

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

So you are saying, Aslan, in your view,

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

it's not a had. It's not a had.

00:30:36 --> 00:30:39

It's a discretionary punishment. And in this case,

00:30:39 --> 00:30:40

being a discretionary punishment,

00:30:41 --> 00:30:43

it is within the jurisdiction

00:30:43 --> 00:30:45

of the Muslim authority

00:30:45 --> 00:30:47

to suspend it. It is within the power

00:30:47 --> 00:30:48

and the authority

00:30:49 --> 00:30:51

of the imam or the Muslim,

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

government

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

to suspend it for a greater benefit. And

00:30:55 --> 00:30:58

the obvious greater benefit here is

00:30:59 --> 00:31:00

reciprocation.

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

Yes. The I mean, keep the doors open.

00:31:03 --> 00:31:04

You know?

00:31:09 --> 00:31:11

As an Imam al Hazm said, that that

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

to prevail, there are 2 ways to this,

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

By Hajj al Burhan, by proofs and, you

00:31:17 --> 00:31:18

know,

00:31:18 --> 00:31:19

evidences,

00:31:20 --> 00:31:23

or as Saif in Sinan, or by spears

00:31:23 --> 00:31:23

and swords.

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

Islam

00:31:25 --> 00:31:26

will sometimes prevail,

00:31:27 --> 00:31:30

in both respects but will always prevail in

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

one respect,

00:31:32 --> 00:31:33

which is.

00:31:35 --> 00:31:38

So it would make perfect sense to keep

00:31:38 --> 00:31:41

the doors open, allow people to walk in

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

and out,

00:31:42 --> 00:31:42

you know,

00:31:44 --> 00:31:47

and basically, what what what what are you

00:31:47 --> 00:31:48

seeing? What are you seeing in the world

00:31:48 --> 00:31:49

today?

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

When people are allowed to walk in and

00:31:51 --> 00:31:53

out? Are you seeing people basically,

00:31:55 --> 00:31:56

walking out

00:31:56 --> 00:31:59

more or walking in more? And which kind

00:31:59 --> 00:32:01

of people are walking out and which kind

00:32:01 --> 00:32:02

of people are walking in? Like, look at

00:32:02 --> 00:32:03

it

00:32:03 --> 00:32:04

impartially,

00:32:04 --> 00:32:06

but please look at the the people who

00:32:06 --> 00:32:07

are converting to Islam.

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

Look at how

00:32:09 --> 00:32:12

sincere they are. Look at how thoughtful they

00:32:12 --> 00:32:13

are. Look at,

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

their trajectory also after conversion.

00:32:17 --> 00:32:18

They become scholars.

00:32:19 --> 00:32:20

They become great Duais.

00:32:21 --> 00:32:23

They have complete commitment to Islam.

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

And look at the people who leave Islam

00:32:26 --> 00:32:27

and their trajectory

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

post

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

apostasy.

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

So

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

should we

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

keep the door open?

00:32:35 --> 00:32:37

Is it for the

00:32:38 --> 00:32:39

does it bring about a greater benefit for

00:32:39 --> 00:32:42

the Muslim community? Of course, someone would say

00:32:42 --> 00:32:44

that during the

00:32:44 --> 00:32:47

the colonial times, you know, like in Algeria,

00:32:48 --> 00:32:48

for instance,

00:32:49 --> 00:32:50

during French occupation,

00:32:51 --> 00:32:53

you know, and that is what Sheikh Rabadaibir

00:32:53 --> 00:32:54

said

00:32:54 --> 00:32:56

that had had we not had the that

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

punishment of apostasy,

00:32:59 --> 00:33:01

you know, the the community would have been

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

destroyed because you have a lot of pressure,

00:33:04 --> 00:33:06

you know, on the

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

a pressure to leave Islam.

00:33:08 --> 00:33:09

You're being colonized.

00:33:09 --> 00:33:10

You're

00:33:11 --> 00:33:12

you're subject to,

00:33:12 --> 00:33:13

non Muslim

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

tyrannical,

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

rule.

00:33:16 --> 00:33:17

And in this case,

00:33:18 --> 00:33:19

had there not been

00:33:19 --> 00:33:20

mechanisms

00:33:20 --> 00:33:22

for the religious community

00:33:23 --> 00:33:25

to defend its integrity

00:33:25 --> 00:33:26

and to defend

00:33:26 --> 00:33:27

its,

00:33:27 --> 00:33:28

identity

00:33:28 --> 00:33:29

and,

00:33:29 --> 00:33:31

this sort of faith,

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

there would have been a a great loss.

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

But in our time, Sheikh Jihad So in

00:33:36 --> 00:33:39

our times, it's it's different. Exactly. It's different.

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

When you apply such pressure, we have seen

00:33:41 --> 00:33:43

in multiple lands. Yes. When you apply this

00:33:43 --> 00:33:46

coercive pressure, in reality, the people rebel internally.

00:33:47 --> 00:33:48

Mhmm. And there is actually a detrimental

00:33:49 --> 00:33:51

effect on their iman. And that's why people

00:33:51 --> 00:33:55

actually have overthrown governments that they felt were

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

too strict on them or even in the

00:33:56 --> 00:33:58

case of one land, don't like mentioning names,

00:33:58 --> 00:34:00

but the minute, you know, the the ruling

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

party or the king relaxed, we see the

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

reality of the people. And all of that

00:34:04 --> 00:34:05

strictness is literally

00:34:06 --> 00:34:07

was just completely

00:34:07 --> 00:34:10

shallow to the point of one wonders what

00:34:10 --> 00:34:12

level of iman they had. So to be

00:34:12 --> 00:34:14

clear therefore, and because as you know, I

00:34:14 --> 00:34:15

get especially with a lot of pushback in

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

this regard,

00:34:16 --> 00:34:19

to rethink through the modern applications

00:34:19 --> 00:34:20

of these laws.

00:34:20 --> 00:34:22

Not only is it not a rejection of

00:34:22 --> 00:34:25

the Sharia, it actually might be the wiser

00:34:25 --> 00:34:27

course of action for a person who wants

00:34:27 --> 00:34:29

to apply the Sharia in the long term.

00:34:30 --> 00:34:32

Yeah. Of course. It would be bring

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

about great benefit for for the community

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

and for the faith,

00:34:36 --> 00:34:37

for the deen and for the.

00:34:38 --> 00:34:39

If we have,

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

you know,

00:34:41 --> 00:34:42

gradual,

00:34:43 --> 00:34:44

pragmatist,

00:34:44 --> 00:34:45

and I do

00:34:46 --> 00:34:47

repeat

00:34:47 --> 00:34:49

I use this word, and I understand that

00:34:49 --> 00:34:52

it has a bad reputation within our community,

00:34:52 --> 00:34:54

but I I just, I am basically trying

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

to underscore

00:34:55 --> 00:34:58

the positive connotations of this word,

00:34:58 --> 00:34:58

pragmatist.

00:34:59 --> 00:35:01

What if somebody were to say, Sheikh, that

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

this is reforming Islam?

00:35:04 --> 00:35:06

No. It's not. Well, Omar Khattab did not

00:35:06 --> 00:35:08

change Islam when he changed the the

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

Excellent. Jay You know,

00:35:11 --> 00:35:12

when he suspended

00:35:12 --> 00:35:14

the, you know, the when he did not,

00:35:15 --> 00:35:18

basically divide the conquered lands between,

00:35:19 --> 00:35:20

between

00:35:20 --> 00:35:23

the conquerors or between the, you know, the

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

army.

00:35:24 --> 00:35:27

So this is not changing Islam. This this

00:35:27 --> 00:35:30

is basically applying the Islamic principles to,

00:35:31 --> 00:35:32

different realities

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

and adapting to circum circumstantial variables.

00:35:36 --> 00:35:38

Excellent. So again, this is the key point,

00:35:38 --> 00:35:40

dear viewers, is to understand there's there's no

00:35:40 --> 00:35:43

reformation going on. The only reforming we're calling

00:35:43 --> 00:35:46

for is your understanding of what we're saying.

00:35:46 --> 00:35:48

Islam doesn't need reformation,

00:35:48 --> 00:35:50

rather it is the fine tuning that the

00:35:50 --> 00:35:53

Sharia allows, right? There's no, you know, protestor

00:35:53 --> 00:35:56

revolution going on. We're protesting the shallow understanding

00:35:56 --> 00:35:59

of Islam that some, people have. In reality,

00:35:59 --> 00:36:02

this is the wisdom that Allah has allowed

00:36:02 --> 00:36:02

within,

00:36:03 --> 00:36:05

the Sharia, the fine tuning, and the, the

00:36:05 --> 00:36:08

the gradualism that overall brings about a better

00:36:08 --> 00:36:11

sense of iman and the closeness to the

00:36:11 --> 00:36:13

Sharia. Now we talked about apostasy, we talked

00:36:13 --> 00:36:14

about blasphemy.

00:36:14 --> 00:36:16

Obviously, there's multiple issues. One thing we have

00:36:16 --> 00:36:18

to talk about, Sheikh, is really sensitive, but

00:36:18 --> 00:36:19

it needs to be done.

00:36:21 --> 00:36:22

Marriage and gender,

00:36:22 --> 00:36:25

one of the most sensitive topics of our

00:36:25 --> 00:36:27

times. And we have strong feelings

00:36:28 --> 00:36:30

from the side of many of our sisters,

00:36:30 --> 00:36:31

from the side of many of our brothers.

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

We have the rise of radical feminism. We

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

have the rise of the red pill and,

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

you know, alpha masculinity.

00:36:38 --> 00:36:40

It's just a whole bunch of stuff going

00:36:40 --> 00:36:43

on here. So, let's try to have some

00:36:43 --> 00:36:43

deconstruction

00:36:44 --> 00:36:46

of this sensitive topic.

00:36:46 --> 00:36:48

Do you believe that Islam

00:36:49 --> 00:36:51

has come with specific gender roles?

00:36:53 --> 00:36:54

No. Of course. Yes. It has come with

00:36:54 --> 00:36:57

specific gender roles, and no no one can

00:36:57 --> 00:36:58

argue about this.

00:36:59 --> 00:37:02

But like I said, the the, you know,

00:37:02 --> 00:37:03

your understanding

00:37:03 --> 00:37:04

may not be necessarily

00:37:05 --> 00:37:07

what Islam is about. There is a spectrum

00:37:07 --> 00:37:09

of, different,

00:37:10 --> 00:37:11

interpretations,

00:37:11 --> 00:37:13

that that you have to be aware of

00:37:13 --> 00:37:15

the spectrum. That is the that is knowing

00:37:15 --> 00:37:17

the disagreement between the scholars. It will give

00:37:17 --> 00:37:19

you this broadness,

00:37:20 --> 00:37:23

of your horizons and your your your approach

00:37:23 --> 00:37:25

to things. So you have you have to

00:37:25 --> 00:37:26

know

00:37:26 --> 00:37:28

what Islam says.

00:37:28 --> 00:37:29

And,

00:37:29 --> 00:37:31

when Islam says more than one thing, that

00:37:31 --> 00:37:32

is basically

00:37:33 --> 00:37:36

we have different interpretations, and no one can

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

can

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

say, Mayan is Islam.

00:37:39 --> 00:37:41

There there are matters of agreement between the

00:37:41 --> 00:37:44

scholars and then we can comfortably say, this

00:37:44 --> 00:37:45

is what Islam says.

00:37:46 --> 00:37:47

But oftentimes,

00:37:47 --> 00:37:48

there are disagreements,

00:37:49 --> 00:37:51

and in this case, you can't say this

00:37:51 --> 00:37:53

is what Islam says. You know,

00:37:53 --> 00:37:55

when we have this discussion, the Supreme Court

00:37:55 --> 00:37:56

talked about abortion,

00:37:58 --> 00:38:00

you you should not be saying this is

00:38:00 --> 00:38:02

what Islam says. Islam says so many things

00:38:02 --> 00:38:03

about abortion.

00:38:05 --> 00:38:07

So when you say that

00:38:07 --> 00:38:08

my interpretation

00:38:08 --> 00:38:09

is Islam,

00:38:09 --> 00:38:12

I think that this is just self deluded,

00:38:13 --> 00:38:14

self conceited,

00:38:15 --> 00:38:16

too arrogant.

00:38:16 --> 00:38:17

So

00:38:17 --> 00:38:19

before we get to the the, you know,

00:38:19 --> 00:38:21

specific issues, can you give us, I know

00:38:21 --> 00:38:23

you have an entire book by the way.

00:38:23 --> 00:38:24

He has an entire book,

00:38:24 --> 00:38:27

Sheikh Hadham has an entire book on gender

00:38:27 --> 00:38:30

roles and gender interactions, right? Yeah. So can

00:38:30 --> 00:38:32

you summarize in just a few minutes some

00:38:32 --> 00:38:33

of the main points that you believe,

00:38:34 --> 00:38:36

Islam has come with that we can definitively

00:38:36 --> 00:38:37

categorically

00:38:37 --> 00:38:40

state that of the roles of a man

00:38:40 --> 00:38:41

in Islam and of the roles of woman

00:38:41 --> 00:38:44

in Islam. So in a in a nutshell.

00:38:45 --> 00:38:47

Okay. So so so one of the things

00:38:47 --> 00:38:49

that Islam clearly,

00:38:50 --> 00:38:51

basically prescribes

00:38:52 --> 00:38:53

here is that

00:38:53 --> 00:38:55

there will be some degree of,

00:38:56 --> 00:38:56

responsibility

00:38:57 --> 00:39:00

and authority for the man in in within

00:39:00 --> 00:39:01

the household.

00:39:06 --> 00:39:08

So that's the verse 34 in

00:39:09 --> 00:39:11

so men have and

00:39:13 --> 00:39:15

here is the problem that we fall in

00:39:15 --> 00:39:15

sometimes

00:39:16 --> 00:39:17

when, you know,

00:39:17 --> 00:39:19

I would like to be an Islam a

00:39:19 --> 00:39:22

Muslim apologist. You know, I understand the apologetics

00:39:22 --> 00:39:24

a little bit differently. Apologists

00:39:24 --> 00:39:25

apologetics

00:39:25 --> 00:39:28

or being a Muslim apologist is not about

00:39:28 --> 00:39:29

apologizing

00:39:29 --> 00:39:30

on behalf of Allah.

00:39:31 --> 00:39:33

No. It's a you know, the the word

00:39:33 --> 00:39:34

comes from defense

00:39:35 --> 00:39:36

To to put, like, a systematic

00:39:36 --> 00:39:37

defense,

00:39:38 --> 00:39:40

or to put together a systematic defense,

00:39:41 --> 00:39:43

for, you know,

00:39:43 --> 00:39:46

your your dean or your your particular doctrines

00:39:46 --> 00:39:46

or,

00:39:48 --> 00:39:50

so the Apologia

00:39:50 --> 00:39:53

that comes from the Apologia and how, you

00:39:53 --> 00:39:54

know, Socrates,

00:39:56 --> 00:39:56

basically,

00:39:58 --> 00:39:59

the the it was

00:40:00 --> 00:40:00

Plato

00:40:00 --> 00:40:02

calling the Socrates defense

00:40:03 --> 00:40:04

of himself,

00:40:04 --> 00:40:05

in

00:40:05 --> 00:40:06

the court,

00:40:07 --> 00:40:07

Apollosia.

00:40:08 --> 00:40:09

So this is where it comes from. It

00:40:09 --> 00:40:11

it is to defend you, your deen. It

00:40:11 --> 00:40:12

is not to apologize,

00:40:13 --> 00:40:15

on behalf of Allah Subhanahu Wa Ta'ala. Allah

00:40:15 --> 00:40:16

does not need anyone to apologize

00:40:17 --> 00:40:19

on his behalf. Of course not.

00:40:19 --> 00:40:22

But anyway but what Islamic Muslim apologists often

00:40:22 --> 00:40:24

do is that

00:40:24 --> 00:40:27

sometimes when they are not guided, when they

00:40:27 --> 00:40:30

are not grounded in Islamic knowledge and where

00:40:30 --> 00:40:32

they're trying to be a little too hasty

00:40:33 --> 00:40:35

to conform to circumstantial

00:40:35 --> 00:40:35

variables,

00:40:36 --> 00:40:38

they can do, like,

00:40:38 --> 00:40:39

sort of

00:40:39 --> 00:40:43

detrimental patchwork where they can try to sort

00:40:43 --> 00:40:46

of patch different value systems in a way

00:40:46 --> 00:40:48

that results in inequity,

00:40:49 --> 00:40:49

injustice,

00:40:50 --> 00:40:50

eventually.

00:40:51 --> 00:40:52

So if you say,

00:40:52 --> 00:40:54

for instance, that the rajalukhaumunalan

00:40:55 --> 00:40:56

is a kaltiwama

00:40:56 --> 00:41:00

is not about authority whatsoever. It is simply

00:41:00 --> 00:41:01

about responsibility.

00:41:02 --> 00:41:05

Whoever said that responsibility and authority can be

00:41:05 --> 00:41:07

divorced from each other? Like, whoever said that

00:41:07 --> 00:41:09

someone can basically have

00:41:11 --> 00:41:13

obligations put on them without corresponding rights?

00:41:14 --> 00:41:16

Whoever said that you could be the president

00:41:16 --> 00:41:18

of a country and have responsibilities only and

00:41:18 --> 00:41:19

have no rights?

00:41:20 --> 00:41:23

What sense does is there is no sense

00:41:23 --> 00:41:24

in that whatsoever.

00:41:26 --> 00:41:28

So then we have to have,

00:41:28 --> 00:41:29

like,

00:41:29 --> 00:41:30

we have to have,

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

basically,

00:41:32 --> 00:41:33

a moderate,

00:41:33 --> 00:41:35

truly moderate understanding

00:41:35 --> 00:41:38

of what that concept is about, that Pewamah

00:41:38 --> 00:41:39

is about. There's there's

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

responsibility

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

and

00:41:42 --> 00:41:43

authority

00:41:43 --> 00:41:44

at the same time.

00:41:46 --> 00:41:47

It's you know, profit

00:41:48 --> 00:41:48

basically

00:41:49 --> 00:41:50

is linked to,

00:41:51 --> 00:41:51

liability.

00:41:52 --> 00:41:53

The it's it's always like this.

00:41:55 --> 00:41:57

These concepts go hand in hand.

00:41:57 --> 00:42:00

So now the the the Piwama, we have

00:42:00 --> 00:42:01

to agree

00:42:01 --> 00:42:03

that it means both responsibility

00:42:03 --> 00:42:04

and,

00:42:04 --> 00:42:05

authority.

00:42:05 --> 00:42:06

But

00:42:06 --> 00:42:07

but now,

00:42:08 --> 00:42:10

for for instance, in,

00:42:10 --> 00:42:12

some people think that,

00:42:13 --> 00:42:15

there is a particular

00:42:16 --> 00:42:18

arrangement that that is that is called Islamic

00:42:19 --> 00:42:21

for for the household for instance. Can women

00:42:21 --> 00:42:22

have careers?

00:42:22 --> 00:42:23

Well, nowadays,

00:42:27 --> 00:42:29

the problem is many people think that all

00:42:29 --> 00:42:31

the changes in their reality

00:42:32 --> 00:42:33

are caused by,

00:42:34 --> 00:42:35

basically,

00:42:35 --> 00:42:37

the trickle down effect of,

00:42:37 --> 00:42:38

philosophy

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

and thought and stuff like this, and you

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

can push back

00:42:43 --> 00:42:44

by,

00:42:45 --> 00:42:46

counter philosophies,

00:42:47 --> 00:42:49

counter thoughts. No. That's not true.

00:42:49 --> 00:42:50

You know,

00:42:50 --> 00:42:52

technological advancements

00:42:52 --> 00:42:55

have caused a lot more changes. So the

00:42:55 --> 00:42:56

changes in our reality

00:42:57 --> 00:42:57

owe more

00:42:58 --> 00:43:00

to Newton than they owe to Voltaire.

00:43:01 --> 00:43:04

They owe more to technological advancement. A nice

00:43:04 --> 00:43:05

way to phrase it. I'm gonna give that,

00:43:05 --> 00:43:07

Sheikh, if you don't mind. Yeah. They owe

00:43:07 --> 00:43:10

more to technological advancement than the To intellectual

00:43:10 --> 00:43:12

thinkers. To intellect yeah. Yeah.

00:43:13 --> 00:43:15

And and and science affected philosophy

00:43:15 --> 00:43:17

in the last 200 years. I changed the

00:43:17 --> 00:43:19

rules. More than more than philosophy affected science.

00:43:21 --> 00:43:23

So things, you know,

00:43:23 --> 00:43:24

the industrial revolution,

00:43:25 --> 00:43:26

slavery

00:43:27 --> 00:43:29

And only have been banned after industrial revolution?

00:43:29 --> 00:43:31

Colonialism, slavery. There are so many things that

00:43:31 --> 00:43:34

change within our reality. Mhmm. Not because of,

00:43:34 --> 00:43:36

you know, intellectuals,

00:43:36 --> 00:43:38

or the trickle down of philosophy or because

00:43:38 --> 00:43:39

of

00:43:39 --> 00:43:40

real

00:43:40 --> 00:43:41

tangible

00:43:42 --> 00:43:44

changes in how we do things. In reality.

00:43:44 --> 00:43:45

Yeah.

00:43:46 --> 00:43:47

In people's reality.

00:43:47 --> 00:43:48

So

00:43:48 --> 00:43:49

now,

00:43:50 --> 00:43:51

in the past,

00:43:51 --> 00:43:54

and that's a problem that our Muslim women

00:43:54 --> 00:43:57

also need to understand. That it was not

00:43:57 --> 00:44:00

the tyranny of men that kept them from

00:44:00 --> 00:44:01

realizing their potential.

00:44:02 --> 00:44:03

It was just not doable.

00:44:03 --> 00:44:07

Like, you know, nowadays women have close to

00:44:07 --> 00:44:08

the earning potential of men.

00:44:09 --> 00:44:09

Right?

00:44:10 --> 00:44:12

Not not exactly there but very close.

00:44:13 --> 00:44:15

Many women have, like, a higher earning potential.

00:44:16 --> 00:44:19

In many fields in many fields, they they

00:44:19 --> 00:44:22

have equal earning potential or even higher earning

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

potential.

00:44:23 --> 00:44:25

But generally speaking, they they they're not quite

00:44:25 --> 00:44:27

there, you know. So the CEOs of the

00:44:27 --> 00:44:28

Fortune 500 companies

00:44:29 --> 00:44:31

are mainly men. You know, you know, the

00:44:31 --> 00:44:32

wealthiest

00:44:32 --> 00:44:35

100 people are mostly men, etcetera, etcetera.

00:44:36 --> 00:44:38

So it's they're not there yet, and they

00:44:38 --> 00:44:39

may never be there.

00:44:40 --> 00:44:43

But in the past in the past,

00:44:43 --> 00:44:46

it it was not, like, basically,

00:44:46 --> 00:44:47

like a

00:44:47 --> 00:44:50

conspiracy, like, a made conspiracy against them to

00:44:50 --> 00:44:53

deprive them of earning potential. What were what

00:44:53 --> 00:44:55

were the jobs that were available? Blacksmithing,

00:44:56 --> 00:44:56

fighting,

00:44:57 --> 00:44:58

you know,

00:45:00 --> 00:45:02

who Generally, for them, it was nurses and

00:45:02 --> 00:45:04

teaching Yeah. That was in most of them.

00:45:04 --> 00:45:07

Yeah. So so there were many professions that

00:45:07 --> 00:45:08

they were not

00:45:09 --> 00:45:10

basically suitable for.

00:45:10 --> 00:45:12

They were not suitable for.

00:45:14 --> 00:45:16

They were not going to be and fighting

00:45:16 --> 00:45:18

was not basically, like nowadays,

00:45:18 --> 00:45:20

like you press a button and you drop

00:45:20 --> 00:45:23

a bomb. No. It was like it required

00:45:23 --> 00:45:24

a lot of physical,

00:45:24 --> 00:45:25

strength.

00:45:25 --> 00:45:26

So

00:45:27 --> 00:45:28

so now

00:45:28 --> 00:45:30

you have the women who think that there

00:45:30 --> 00:45:32

was like a male conspiracy and it's time

00:45:32 --> 00:45:33

for them to rebel.

00:45:34 --> 00:45:36

And you have the men who don't recognize

00:45:37 --> 00:45:40

that things have changed and women now have

00:45:41 --> 00:45:44

the earning potential that men have. So nowadays,

00:45:46 --> 00:45:48

here's what happens within the Muslim family.

00:45:49 --> 00:45:49

So

00:45:50 --> 00:45:50

the

00:45:51 --> 00:45:53

they get like, 2 working

00:45:55 --> 00:45:58

people get married and Islam does not

00:45:58 --> 00:45:59

prohibit women

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

from,

00:46:01 --> 00:46:02

from working.

00:46:03 --> 00:46:06

You know, the hadith of Khaled Jaber when

00:46:06 --> 00:46:09

she went out Yeah. Basically during her, like,

00:46:09 --> 00:46:12

during her period Yeah. She went out to

00:46:12 --> 00:46:14

tend to her orchard. Yeah. And she was

00:46:14 --> 00:46:16

she was told to go back home, and

00:46:16 --> 00:46:17

then she went to the prophet and he

00:46:17 --> 00:46:18

said, you know,

00:46:23 --> 00:46:26

Go out into orchard. Maybe you'll be able

00:46:26 --> 00:46:27

to give charity or to take care of

00:46:27 --> 00:46:28

yourself.

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

So

00:46:31 --> 00:46:33

so Islam does not and and Asma used

00:46:33 --> 00:46:35

to carry the, you know,

00:46:35 --> 00:46:36

the

00:46:36 --> 00:46:37

the,

00:46:37 --> 00:46:38

father for Yeah. Yeah. Oh, yeah. Zubairah's horse

00:46:38 --> 00:46:38

and for for 3 miles.

00:46:40 --> 00:46:43

Yeah. Zubairah's horse and for for 3 miles

00:46:43 --> 00:46:45

back and forth and forth and so on.

00:46:45 --> 00:46:47

So Islam did not prevent women from working

00:46:47 --> 00:46:48

outside, but Islam

00:46:48 --> 00:46:51

wanted 2 things and it's clear

00:46:51 --> 00:46:53

for them to prioritize their family

00:46:53 --> 00:46:57

and for them to work within environments conducive

00:46:57 --> 00:46:57

to

00:46:58 --> 00:46:59

their values.

00:47:00 --> 00:47:02

Modesty is is a signature characteristic

00:47:03 --> 00:47:06

of of Islam. So Islam wanted these women

00:47:06 --> 00:47:09

to observe these two things, prioritize their family

00:47:09 --> 00:47:09

and,

00:47:10 --> 00:47:12

work in environments that are conducive to maintaining

00:47:13 --> 00:47:14

their Islamic values.

00:47:16 --> 00:47:18

Having said that, if you have 2 family

00:47:18 --> 00:47:19

physicians,

00:47:20 --> 00:47:22

get married, for instance,

00:47:23 --> 00:47:23

and,

00:47:24 --> 00:47:26

they they bring in the same income.

00:47:27 --> 00:47:28

And and then

00:47:29 --> 00:47:32

because we've been trying to to tell women

00:47:32 --> 00:47:33

that Islam,

00:47:34 --> 00:47:35

basically gives you everything,

00:47:36 --> 00:47:37

modernity

00:47:37 --> 00:47:40

gives you and more. So we are trying

00:47:40 --> 00:47:41

to say to them,

00:47:42 --> 00:47:43

his money is

00:47:44 --> 00:47:46

his and yours, and your money is yours

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

only.

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

Okay? So she expects that he will be

00:47:50 --> 00:47:52

spending, and she will be saving her income.

00:47:53 --> 00:47:55

And she may even go as far as

00:47:55 --> 00:47:57

expecting that he would be spending and splitting

00:47:57 --> 00:48:00

his savings, and she could save all of

00:48:00 --> 00:48:01

her income.

00:48:01 --> 00:48:03

And then she expects that he will also,

00:48:04 --> 00:48:06

basically, since she goes out to work,

00:48:07 --> 00:48:08

that he would also be flexible

00:48:09 --> 00:48:11

because she'll come back tired and she will

00:48:11 --> 00:48:13

not be able to make dinner. So he

00:48:13 --> 00:48:15

would should be flexible enough to make his

00:48:15 --> 00:48:16

own dinner and stuff like this.

00:48:17 --> 00:48:18

And he should pay for childcare

00:48:19 --> 00:48:21

and and all of that.

00:48:22 --> 00:48:22

Does

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

you know,

00:48:26 --> 00:48:28

what nonsense is this? You know, like, how

00:48:28 --> 00:48:30

could this be considered equitable

00:48:30 --> 00:48:31

in any way?

00:48:32 --> 00:48:34

And then at the same time you will

00:48:34 --> 00:48:36

have the man who expects that,

00:48:37 --> 00:48:39

he could be married to his wife and

00:48:39 --> 00:48:40

she could stay home,

00:48:41 --> 00:48:42

be a homemaker,

00:48:43 --> 00:48:45

and give up her career, give up advancing

00:48:45 --> 00:48:46

her career,

00:48:46 --> 00:48:49

be a homemaker, and after 30 years, he

00:48:49 --> 00:48:51

can just divorce her and she about her

00:48:51 --> 00:48:53

for 30 years ago. Yeah. Yes. He he

00:48:53 --> 00:48:55

he can divorce her and give her the

00:48:55 --> 00:48:56

deferred,

00:48:56 --> 00:48:59

dowry, which, you know, sometimes there is deferred

00:48:59 --> 00:49:01

part of the dowry, sometimes there is not.

00:49:01 --> 00:49:02

But he just can divorce her and give

00:49:02 --> 00:49:03

her an

00:49:03 --> 00:49:06

for her like, during her waiting period and

00:49:06 --> 00:49:09

give her, you know, not not necessarily

00:49:09 --> 00:49:11

because it's controversial between the.

00:49:12 --> 00:49:14

That's it. You know? So so she she

00:49:14 --> 00:49:15

goes out.

00:49:16 --> 00:49:18

Okay. So so so now the problem is

00:49:19 --> 00:49:20

her

00:49:20 --> 00:49:21

niece would never want

00:49:22 --> 00:49:23

to repeat that story.

00:49:24 --> 00:49:26

Mhmm. Her niece would never want her her

00:49:26 --> 00:49:27

daughter

00:49:27 --> 00:49:28

would never

00:49:28 --> 00:49:30

want to repeat that story and to be

00:49:30 --> 00:49:33

a homemaker and to prioritize to prioritize her

00:49:33 --> 00:49:33

family.

00:49:34 --> 00:49:37

What is the difference between now and 500

00:49:37 --> 00:49:39

years back? Now they have the same earning

00:49:39 --> 00:49:41

potential or close to the same earning potential

00:49:41 --> 00:49:42

as men.

00:49:42 --> 00:49:43

She would be seeing

00:49:44 --> 00:49:44

her,

00:49:44 --> 00:49:47

like, friends, you know, like, from high school

00:49:48 --> 00:49:50

who now has a career, who is,

00:49:50 --> 00:49:51

independent financially,

00:49:53 --> 00:49:55

and comparing herself

00:49:55 --> 00:49:56

to her.

00:49:56 --> 00:49:57

So

00:49:58 --> 00:49:59

now

00:49:59 --> 00:50:02

we have to figure out how to adapt

00:50:02 --> 00:50:03

to these new realities

00:50:04 --> 00:50:06

and how to adapt to these new realities

00:50:06 --> 00:50:07

without

00:50:08 --> 00:50:11

changing compromise like without devastating

00:50:11 --> 00:50:12

our value system.

00:50:13 --> 00:50:15

So there has you know, men and women

00:50:15 --> 00:50:17

have to complement each other still.

00:50:18 --> 00:50:18

They basically

00:50:19 --> 00:50:20

they they can't

00:50:20 --> 00:50:20

be,

00:50:22 --> 00:50:23

sort of,

00:50:24 --> 00:50:25

equal in all regards because

00:50:26 --> 00:50:26

it wouldn't

00:50:27 --> 00:50:28

make sense because

00:50:29 --> 00:50:32

or there can there cannot be similarity

00:50:32 --> 00:50:34

in in their roles in all regards

00:50:35 --> 00:50:37

because how do we complement each other if

00:50:37 --> 00:50:39

you're not different? You you need to be

00:50:39 --> 00:50:41

different, have different roles so that you complement

00:50:41 --> 00:50:43

each other. So we will have to be

00:50:43 --> 00:50:45

mindful of this. We will have to be

00:50:45 --> 00:50:47

mindful of the qwama of the man to

00:50:47 --> 00:50:48

want him to be qawab,

00:50:49 --> 00:50:51

to want him to be responsible. You have

00:50:51 --> 00:50:52

to give him some authority

00:50:52 --> 00:50:54

to demand to ask

00:50:54 --> 00:50:55

of him

00:50:55 --> 00:50:57

to be responsible

00:50:58 --> 00:51:00

for his family. But that doesn't have to

00:51:00 --> 00:51:01

be the same type of qiwama that was

00:51:01 --> 00:51:03

practiced a 100 years ago. It it is

00:51:03 --> 00:51:04

it it

00:51:05 --> 00:51:08

it it has to be re envisioned. It

00:51:08 --> 00:51:10

has to be basically re conceptualized,

00:51:11 --> 00:51:12

but

00:51:12 --> 00:51:14

he has to still be the head of

00:51:14 --> 00:51:17

the household. He has he still has the

00:51:17 --> 00:51:18

right to obedience,

00:51:19 --> 00:51:21

but in what you know here's here's what

00:51:21 --> 00:51:22

it is.

00:51:22 --> 00:51:23

Obedience

00:51:23 --> 00:51:27

happens in different circles and Sheikha Tia Sakhra

00:51:27 --> 00:51:28

has a very great he was like a

00:51:28 --> 00:51:29

Mufti in Egypt.

00:51:30 --> 00:51:31

He has a great book on on the

00:51:31 --> 00:51:32

Muslim family

00:51:32 --> 00:51:35

where he says that obedience that there are

00:51:35 --> 00:51:36

different circles for obedience.

00:51:37 --> 00:51:40

There is one at the center of obedience

00:51:40 --> 00:51:42

that is basically obedience when it comes to

00:51:42 --> 00:51:43

the marital relationship.

00:51:44 --> 00:51:46

There is obedience that

00:51:46 --> 00:51:50

basically pertains to marital life in general.

00:51:50 --> 00:51:53

And then there is a wider circle of

00:51:53 --> 00:51:54

obedience

00:51:54 --> 00:51:58

which is obedience unless he asks for like

00:51:58 --> 00:51:59

basically

00:51:59 --> 00:52:02

obedience period unless he asks for something that

00:52:02 --> 00:52:03

is nonsensical,

00:52:04 --> 00:52:04

non purposeful,

00:52:05 --> 00:52:06

non halal,

00:52:07 --> 00:52:10

you know, not ma'ruf. Ma'ruf does not only

00:52:10 --> 00:52:12

mean halal but it also means sensible. So

00:52:12 --> 00:52:14

if he asks for something that's nonsensical,

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

non purposeful,

00:52:16 --> 00:52:17

or non halal,

00:52:17 --> 00:52:19

then there is no obedience.

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

But

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

at least

00:52:22 --> 00:52:24

at least you have to preserve the right

00:52:24 --> 00:52:25

to obedience when it comes

00:52:26 --> 00:52:27

to marital life

00:52:28 --> 00:52:29

marital life. That circle.

00:52:31 --> 00:52:32

And at the very least

00:52:33 --> 00:52:35

when it comes to the marital relationship. Yeah.

00:52:36 --> 00:52:38

And then you know certainly there are certain

00:52:38 --> 00:52:40

hadith that talk about, you know, asking for

00:52:40 --> 00:52:41

her permission to

00:52:42 --> 00:52:44

to go out and to, you know, not

00:52:44 --> 00:52:47

bringing in people into his his, his home

00:52:47 --> 00:52:51

without his permission. Even that can, you know,

00:52:51 --> 00:52:53

can can be nuanced, and it can have

00:52:53 --> 00:52:54

different interpretations.

00:52:54 --> 00:52:57

Is that because it is his house, he

00:52:57 --> 00:52:57

owns it,

00:52:58 --> 00:53:00

Or it is because he's the husband?

00:53:01 --> 00:53:03

So at Imam Anawi seems to think that

00:53:03 --> 00:53:05

it is because he owns that house. So

00:53:05 --> 00:53:06

what if

00:53:06 --> 00:53:08

she co owns it? Oh my gosh. What

00:53:08 --> 00:53:09

if she pays You're gonna get into a

00:53:09 --> 00:53:10

lot of trouble for this guy.

00:53:11 --> 00:53:13

No. But but but I'm just saying that,

00:53:14 --> 00:53:16

you know, so there there are different circles

00:53:16 --> 00:53:18

and then it is

00:53:19 --> 00:53:20

unlikely,

00:53:20 --> 00:53:21

unlikely,

00:53:22 --> 00:53:25

that you would expect people to observe or

00:53:25 --> 00:53:28

you expect women to observe the largest of

00:53:28 --> 00:53:31

those circles. They would be recommended. So, Sheikh,

00:53:31 --> 00:53:32

I have a different,

00:53:33 --> 00:53:35

way of explaining which is ending in the

00:53:35 --> 00:53:36

same result, and that is when Allah says

00:53:36 --> 00:53:37

in the Quran,

00:53:40 --> 00:53:43

This is the general rule, rijal or qiwam.

00:53:43 --> 00:53:44

There is a level of authority. There's no

00:53:44 --> 00:53:47

question about this. Right? Then Allah gives to

00:53:47 --> 00:53:47

ilan.

00:53:51 --> 00:53:54

And the first of them signifies the physical

00:53:54 --> 00:53:56

in particular. If you look at the books

00:53:56 --> 00:53:57

of tafsir, it is the fact that the

00:53:57 --> 00:54:00

man is hunting, the man is protecting, the

00:54:00 --> 00:54:02

man is at war. So the man is

00:54:02 --> 00:54:02

physically

00:54:03 --> 00:54:06

protective. And so obviously because he's physically more

00:54:06 --> 00:54:09

qualified, Allah has given him And number 2,

00:54:09 --> 00:54:11

There are there are also intellectual differences between

00:54:11 --> 00:54:12

the way women think and the way men

00:54:12 --> 00:54:14

think. More conducive for leadership.

00:54:15 --> 00:54:16

Yes. Agreed.

00:54:16 --> 00:54:19

Sort of yes. And the second one is

00:54:19 --> 00:54:20

which

00:54:20 --> 00:54:21

is financial. Now

00:54:22 --> 00:54:22

modern

00:54:23 --> 00:54:24

the modern world we live in

00:54:25 --> 00:54:27

has chipped away and eroded

00:54:27 --> 00:54:29

the need for that physical prowess

00:54:30 --> 00:54:31

and the

00:54:32 --> 00:54:35

economic disparity between the 2 genders. This is.

00:54:35 --> 00:54:37

It is what it is. The modern world

00:54:37 --> 00:54:40

has taken away the need for that physical

00:54:40 --> 00:54:42

disparity. We're now in the office, everybody's exactly

00:54:42 --> 00:54:45

the same. Intellectually, in terms of computer programming,

00:54:45 --> 00:54:47

whatever, it's really men and women are really

00:54:47 --> 00:54:48

the same in this regard by and large.

00:54:49 --> 00:54:50

And the economic,

00:54:51 --> 00:54:53

power that is now, you know, given to

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

both genders,

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

it has also stripped away once upon a

00:54:56 --> 00:54:57

time, the financial,

00:54:59 --> 00:55:00

responsibilities

00:55:00 --> 00:55:02

and the financial preference the men had. So

00:55:02 --> 00:55:04

when both of the ila have been chipped

00:55:04 --> 00:55:05

away,

00:55:05 --> 00:55:06

understandably,

00:55:06 --> 00:55:08

the result which is qiwama is also gonna

00:55:08 --> 00:55:10

be chipped away. It's gonna have to be

00:55:10 --> 00:55:11

rethought. It's not something

00:55:12 --> 00:55:14

we are happy about. It's not something we're

00:55:14 --> 00:55:16

embracing, but it is a reality we have

00:55:16 --> 00:55:19

to deal with. And here's my point. In

00:55:19 --> 00:55:21

and of itself, to rethink through

00:55:21 --> 00:55:22

the

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

implications

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

of qiwama

00:55:25 --> 00:55:27

is not against the sharah as long as

00:55:27 --> 00:55:28

qiwama is maintained.

00:55:28 --> 00:55:31

Right? And so the nuances of what qiwama

00:55:31 --> 00:55:31

entails

00:55:32 --> 00:55:33

is cultural.

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

Is

00:55:35 --> 00:55:36

but the manifestation

00:55:36 --> 00:55:37

of

00:55:37 --> 00:55:39

will change from time to place. So the

00:55:39 --> 00:55:42

way that my grandfather and grandmother interacted together,

00:55:42 --> 00:55:44

you know, in the 1800 in in British

00:55:44 --> 00:55:45

India, whatever,

00:55:45 --> 00:55:46

is not

00:55:46 --> 00:55:47

binding

00:55:47 --> 00:55:49

on how myself and my wife, much less

00:55:49 --> 00:55:52

my daughter and her husband in the future

00:55:52 --> 00:55:53

are gonna have to interact. So this is

00:55:53 --> 00:55:56

the way I phrased it. Any disagreement with

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

that phrasing?

00:55:57 --> 00:55:59

I would just say that the we we

00:55:59 --> 00:56:00

have to maintain the qawamah, and we we

00:56:00 --> 00:56:04

also cannot basically restrict Bima Faddalallahu Badhamumalaaba

00:56:05 --> 00:56:05

to

00:56:06 --> 00:56:09

set of qualities that that we

00:56:09 --> 00:56:10

assume

00:56:11 --> 00:56:13

because of the qualities that Allah had favored

00:56:13 --> 00:56:15

them with. Allah had favored men with certain

00:56:15 --> 00:56:18

qualities. We cannot limit them to physical strength.

00:56:19 --> 00:56:21

We we this

00:56:21 --> 00:56:24

will continue to be there. Will it it

00:56:24 --> 00:56:25

will stand.

00:56:25 --> 00:56:29

Yes. I agree with, economic disparity that, you

00:56:29 --> 00:56:30

know, has been

00:56:31 --> 00:56:33

almost clearly eliminated

00:56:33 --> 00:56:35

or or totally eliminated.

00:56:35 --> 00:56:36

But

00:56:37 --> 00:56:38

the will stay.

00:56:41 --> 00:56:41

So will

00:56:42 --> 00:56:43

stay. But again, at the same time,

00:56:44 --> 00:56:46

because she is now contributing,

00:56:48 --> 00:56:49

to to the

00:56:49 --> 00:56:50

sort of financial,

00:56:51 --> 00:56:52

stability of the family,

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

then

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

it will not be the same

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

as it was 200 years ago. But we

00:57:00 --> 00:57:02

have to maintain the family structure.

00:57:02 --> 00:57:05

We have to maintain that structure. We have

00:57:05 --> 00:57:07

to maintain the the husband as the head

00:57:07 --> 00:57:08

of the household

00:57:08 --> 00:57:10

because of the necessity

00:57:11 --> 00:57:13

of having a head for any

00:57:14 --> 00:57:14

functioning

00:57:15 --> 00:57:16

successful institution. Mhmm.

00:57:18 --> 00:57:19

There has to be some a

00:57:19 --> 00:57:21

company, a state.

00:57:21 --> 00:57:24

There has to be eventually some if you

00:57:24 --> 00:57:26

will have constant fighting,

00:57:27 --> 00:57:28

constant negotiation

00:57:29 --> 00:57:33

over all things without decision making being granted

00:57:33 --> 00:57:34

to any party,

00:57:34 --> 00:57:36

then that's a prescription for destruction

00:57:37 --> 00:57:38

of the family and

00:57:39 --> 00:57:40

the subsequent destruction

00:57:40 --> 00:57:41

of the society.

00:57:42 --> 00:57:43

Men have to

00:57:44 --> 00:57:44

understand

00:57:45 --> 00:57:45

that

00:57:46 --> 00:57:48

there that things are different.

00:57:49 --> 00:57:51

They they do have the close to the

00:57:51 --> 00:57:52

same earning potential

00:57:52 --> 00:57:55

than men. And if you marry her and

00:57:55 --> 00:57:58

divorce her after 40 years and expect her

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

to take her suitcase and walk out,

00:58:01 --> 00:58:03

and then expect her niece and daughter to

00:58:03 --> 00:58:04

want to repeat that

00:58:04 --> 00:58:05

story,

00:58:06 --> 00:58:07

you you are deluded.

00:58:08 --> 00:58:11

So Islam would come in now and say,

00:58:11 --> 00:58:13

no, we will protect that woman.

00:58:14 --> 00:58:15

We will give her,

00:58:15 --> 00:58:16

as you know,

00:58:17 --> 00:58:19

this was a part of the decisions of

00:58:19 --> 00:58:21

AMJA in the AMJA Family Code,

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

which which

00:58:22 --> 00:58:24

I really recommend for people to read. I'm

00:58:24 --> 00:58:26

just family code because it it is

00:58:27 --> 00:58:29

very traditional, very orthodox, but at the same

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

time, very cognizant

00:58:31 --> 00:58:33

of the changes in in our reality when

00:58:33 --> 00:58:35

it comes to custody, when it comes to

00:58:35 --> 00:58:37

maintenance, and and things of that nature.

00:58:38 --> 00:58:40

So so we will take the concept of

00:58:40 --> 00:58:43

mutah for instance which is the bereavement gift,

00:58:43 --> 00:58:45

consolation gift, alimony, whatever it is that,

00:58:46 --> 00:58:48

you wanna translate it as, but you take

00:58:48 --> 00:58:49

that concept of and

00:58:51 --> 00:58:54

you take the the scholarly position that is

00:58:54 --> 00:58:55

for all

00:58:55 --> 00:58:57

diversity, for all diversity, not only

00:58:58 --> 00:59:01

for those who have not had, like, a,

00:59:02 --> 00:59:03

you know, the,

00:59:04 --> 00:59:05

you know, like a,

00:59:06 --> 00:59:07

a designated

00:59:08 --> 00:59:09

you know? So so and

00:59:10 --> 00:59:13

and and Islam, there there is the before

00:59:13 --> 00:59:16

the country be between the contract and,

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

or

00:59:19 --> 00:59:22

the consummation of marriage and after the consummation

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

of marriage.

00:59:23 --> 00:59:25

Between the contract and the consummation of marriage,

00:59:26 --> 00:59:28

if she had a designated sabak, she gets

00:59:28 --> 00:59:30

half the designated sabak. If she doesn't have

00:59:30 --> 00:59:33

a designated sabak, she gets the murtah. Everybody

00:59:33 --> 00:59:34

agrees on that murtah,

00:59:35 --> 00:59:37

except that even Malik who considered it still

00:59:37 --> 00:59:39

to be recommended, not obligatory.

00:59:40 --> 00:59:42

But then after the consummation of marriage, they

00:59:42 --> 00:59:44

disagree whether the overseas

00:59:44 --> 00:59:45

will have,

00:59:46 --> 00:59:48

a a murta or not. Be because they

00:59:48 --> 00:59:49

had their mahar.

00:59:49 --> 00:59:52

So some, of the scholars said they are

00:59:52 --> 00:59:53

not entitled to mutah.

00:59:54 --> 00:59:57

But there is this position which is in

00:59:57 --> 01:00:00

agreement with the apparent meaning of the Quran.

01:00:02 --> 01:00:03

Yes. For

01:00:03 --> 01:00:05

the the the the generalized

01:00:05 --> 01:00:06

unqualified

01:00:06 --> 01:00:09

statement of the Quran that the will have

01:00:09 --> 01:00:11

a cancellation gift.

01:00:12 --> 01:00:14

Which will vary from time to place in

01:00:14 --> 01:00:18

the culture. Yes. Exactly. Yeah. So in this

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

case, we can employ this,

01:00:20 --> 01:00:21

and we can take the position of the

01:00:21 --> 01:00:23

scholars who say it's for all,

01:00:24 --> 01:00:26

and we can compensate this woman.

01:00:28 --> 01:00:30

And there will be a panel of scholars

01:00:30 --> 01:00:33

who would put in consideration the duration of

01:00:33 --> 01:00:35

marriage, his contribution to the marriage, and and

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

so on,

01:00:36 --> 01:00:36

and

01:00:37 --> 01:00:38

the the the cause behind the divorce. In

01:00:38 --> 01:00:40

other words, to be very specific then, and

01:00:40 --> 01:00:42

like we're both in absolute agreement as usual,

01:00:42 --> 01:00:43

which is a bit terrifying all the time,

01:00:43 --> 01:00:46

mashaAllah, always coming. In other words, Sheikh, there

01:00:46 --> 01:00:47

is no astaghfirullah

01:00:47 --> 01:00:49

rejection of the shari'a, there is no

01:00:49 --> 01:00:52

changing of Allah's akham if we say in

01:00:52 --> 01:00:53

modern times,

01:00:53 --> 01:00:55

for some couples,

01:00:55 --> 01:00:58

a type of, you know, alimony or a

01:00:58 --> 01:00:58

type of,

01:00:59 --> 01:01:01

settlement that is done in which a divorce

01:01:01 --> 01:01:04

lady will get more than her maha. If

01:01:04 --> 01:01:06

she hasn't been working and if the husband

01:01:06 --> 01:01:08

has no legitimate need to divorce her and

01:01:08 --> 01:01:10

now she has no other source of income,

01:01:11 --> 01:01:12

that it is permissible

01:01:13 --> 01:01:13

to

01:01:14 --> 01:01:16

Quranically, there's nothing, you know, change being done,

01:01:16 --> 01:01:19

to actually allow for more than what perhaps

01:01:19 --> 01:01:20

our earlier scholars would have allowed for.

01:01:21 --> 01:01:23

And if if you think what our earlier

01:01:23 --> 01:01:26

scholars had allowed for, they say,

01:01:29 --> 01:01:31

Yes. So the the least is basically to

01:01:31 --> 01:01:33

give her a garment, and the the highest

01:01:33 --> 01:01:34

is to give her a servant.

01:01:35 --> 01:01:37

Well, do do you mean what a servant

01:01:37 --> 01:01:39

means? Yeah. It's quite expensive. If if if

01:01:39 --> 01:01:40

you actually

01:01:40 --> 01:01:41

give her

01:01:41 --> 01:01:44

enough to hire a servant for the rest

01:01:44 --> 01:01:44

of her life,

01:01:45 --> 01:01:47

That's that's quite expensive. But again, sure. But

01:01:47 --> 01:01:49

we have Anyway, but but Yeah. But you

01:01:49 --> 01:01:51

but but then this is a statement that

01:01:51 --> 01:01:54

this is a scholarly statement. But then we

01:01:54 --> 01:01:56

can adapt to our new realities,

01:01:57 --> 01:01:58

and we can figure out how much

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

what is fair for this woman. And so

01:02:02 --> 01:02:03

What is fair

01:02:03 --> 01:02:05

to to to basically give her financial security

01:02:05 --> 01:02:07

for the rest of her life?

01:02:08 --> 01:02:11

And what would be fair so that her

01:02:11 --> 01:02:12

niece and her daughter

01:02:13 --> 01:02:15

will think, no. She was not wronged.

01:02:16 --> 01:02:18

She still have financial security.

01:02:18 --> 01:02:21

I could still dedicate myself to homemaking.

01:02:21 --> 01:02:22

I could still

01:02:22 --> 01:02:25

prioritize the family. I can sacrifice advancing my

01:02:25 --> 01:02:27

career for my family.

01:02:28 --> 01:02:31

So in order for a woman to enter

01:02:31 --> 01:02:34

entertain, in order for and you're not talking

01:02:34 --> 01:02:34

about,

01:02:35 --> 01:02:35

like,

01:02:36 --> 01:02:37

a small group of women

01:02:38 --> 01:02:39

that

01:02:39 --> 01:02:40

would basically,

01:02:41 --> 01:02:43

would not entertain all of this or would

01:02:43 --> 01:02:45

not be concerned about financial security in the

01:02:45 --> 01:02:47

future, would not be concerned about no, you're

01:02:47 --> 01:02:50

talking about the masses. The Sharia is not

01:02:50 --> 01:02:51

for,

01:02:51 --> 01:02:54

you know, your your small group that that

01:02:54 --> 01:02:55

resides

01:02:55 --> 01:02:57

in your small echo echo chamber

01:02:57 --> 01:02:58

online

01:02:58 --> 01:03:00

on social media.

01:03:00 --> 01:03:02

The sharia is meant for

01:03:03 --> 01:03:05

all the Muslims out there. Jayed, so what

01:03:05 --> 01:03:07

we have, Sheikhna, as usual is,

01:03:08 --> 01:03:11

knee jerk reactions on both sides. You have

01:03:11 --> 01:03:12

those that are

01:03:12 --> 01:03:15

acquiescing to modern notions of feminism

01:03:15 --> 01:03:18

in which they do believe these simplistic ideas

01:03:18 --> 01:03:18

that,

01:03:19 --> 01:03:21

even if they're working, even if they're bringing

01:03:21 --> 01:03:22

money to the table, even if they have

01:03:22 --> 01:03:25

this notion that, okay, the man has all

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

responsibility,

01:03:26 --> 01:03:28

and I don't owe him anything including kwama,

01:03:29 --> 01:03:31

and everything that I earn is absolutely mine.

01:03:31 --> 01:03:32

And no no marriage is gonna function like

01:03:32 --> 01:03:35

this. Then you have on the flip side,

01:03:35 --> 01:03:38

some of our our brothers who are wanting

01:03:38 --> 01:03:38

to

01:03:39 --> 01:03:41

find cultural values of a century ago and

01:03:41 --> 01:03:43

assuming that they are Islamic,

01:03:43 --> 01:03:45

and each one feeds into the stereotype of

01:03:45 --> 01:03:47

the other. What we are both arguing is

01:03:47 --> 01:03:48

that

01:03:48 --> 01:03:50

there is nothing wrong with taking

01:03:50 --> 01:03:52

our situation into account

01:03:52 --> 01:03:53

and understanding

01:03:53 --> 01:03:54

that it is

01:03:55 --> 01:03:58

natural and normal that qiwama will be rethought

01:03:58 --> 01:04:01

even as we still affirm there is something

01:04:01 --> 01:04:03

called qiwama and that financial obligations

01:04:04 --> 01:04:05

and financial

01:04:05 --> 01:04:05

responsibilities

01:04:06 --> 01:04:07

and,

01:04:07 --> 01:04:09

marital or or or divorce situations

01:04:09 --> 01:04:11

can be changed in light of modern times.

01:04:11 --> 01:04:13

In fact, what we are arguing, and I

01:04:13 --> 01:04:14

think you're all and some other way, we

01:04:14 --> 01:04:17

meaning the firk council and amja, is that

01:04:17 --> 01:04:20

we should enforce an Islamic prenuptial agreement.

01:04:21 --> 01:04:23

Where in a prenuptial agreement, we actually have

01:04:23 --> 01:04:26

percentages put in such that it becomes a

01:04:26 --> 01:04:28

shard for the nikah, Right? So this is

01:04:28 --> 01:04:29

one of the ways we can get out

01:04:29 --> 01:04:32

of it. So, Sheryl, before we, wrap up,

01:04:32 --> 01:04:35

inshallah, one other again sensitive issue, and that

01:04:35 --> 01:04:35

is

01:04:36 --> 01:04:37

gender interactions.

01:04:38 --> 01:04:39

And in particular,

01:04:40 --> 01:04:41

the notion of of, you know,

01:04:42 --> 01:04:44

living in the West as we do.

01:04:45 --> 01:04:47

We have our sisters, you know, going pretty

01:04:47 --> 01:04:48

much everywhere,

01:04:49 --> 01:04:51

dressed inshallah. The point is they are dressed

01:04:51 --> 01:04:51

appropriately.

01:04:52 --> 01:04:54

We'll get to what if they're inappropriately dressed

01:04:54 --> 01:04:55

meaning they're not fully wearing their hijab. That's

01:04:55 --> 01:04:57

what we mean by that in this particular

01:04:57 --> 01:04:57

circumstance.

01:04:58 --> 01:05:00

But then when it comes to our Islamic

01:05:00 --> 01:05:01

gatherings, our Islamic conferences,

01:05:03 --> 01:05:05

to what level of strictness are we required

01:05:05 --> 01:05:06

to apply?

01:05:07 --> 01:05:09

Must we bring about complete segregation

01:05:10 --> 01:05:12

in our Islamic gatherings? Because there's arguments both

01:05:12 --> 01:05:14

ways. As you're aware, and to summarize for

01:05:14 --> 01:05:15

our viewers,

01:05:15 --> 01:05:17

those that are on the stricter side have

01:05:17 --> 01:05:19

a legitimate argument like, hey, this is our

01:05:19 --> 01:05:22

space. Let us control to the max, and

01:05:22 --> 01:05:24

let us have full segregation.

01:05:25 --> 01:05:27

And on the other side, you have the

01:05:27 --> 01:05:29

I would say some pragmatists who say, hey,

01:05:29 --> 01:05:31

look, many of our brothers and sisters, they're

01:05:31 --> 01:05:32

not to that level.

01:05:32 --> 01:05:34

And if we were to be ultra strict,

01:05:34 --> 01:05:36

they're not coming and listening to the lectures.

01:05:36 --> 01:05:38

And so we are not going to enforce

01:05:38 --> 01:05:40

that type of complete segregation.

01:05:40 --> 01:05:42

Rather, we have an understanding that, yeah, this

01:05:42 --> 01:05:45

is an Islamic culture and environment. Nothing overtly

01:05:45 --> 01:05:47

haram taking place. So we're gonna be a

01:05:47 --> 01:05:49

little bit on the Laksa side. Fact of

01:05:49 --> 01:05:51

the matter is the majority of conventions

01:05:52 --> 01:05:54

are actually all mainstream conventions are on that

01:05:54 --> 01:05:56

side. So you have the critics who then

01:05:56 --> 01:05:59

come along and argue these aren't Islamic

01:05:59 --> 01:06:02

because they're not enforcing and there are non

01:06:02 --> 01:06:04

hijabi sisters coming along. And the speakers like

01:06:04 --> 01:06:06

myself and yourself attend these conventions.

01:06:06 --> 01:06:07

And

01:06:08 --> 01:06:11

from our perspective, we feel that there's no

01:06:11 --> 01:06:12

question hijab is mandatory.

01:06:12 --> 01:06:13

We feel that

01:06:14 --> 01:06:17

there are bigger priorities at this stage because

01:06:17 --> 01:06:19

many of the people in the audience

01:06:19 --> 01:06:21

are not at a level where

01:06:21 --> 01:06:23

they're going to be embracing

01:06:24 --> 01:06:26

certain aspects of Islam. So we have this

01:06:27 --> 01:06:28

back and forth between

01:06:29 --> 01:06:33

those critics who accuse us and others of

01:06:33 --> 01:06:35

selling out or of watering down or of

01:06:35 --> 01:06:36

not enforcing

01:06:36 --> 01:06:37

versus

01:06:38 --> 01:06:40

our understanding. And it could be wrong here

01:06:40 --> 01:06:41

where

01:06:41 --> 01:06:43

we feel this is not the time and

01:06:43 --> 01:06:46

place when we have 10,000 Muslims, the majority

01:06:46 --> 01:06:47

of whom are not even praying 5 times

01:06:47 --> 01:06:49

a day. The majority of whom are all

01:06:49 --> 01:06:51

in major sin. This is not the time

01:06:51 --> 01:06:53

to nitpick something that is not on the

01:06:53 --> 01:06:55

top 5, 10 of our list here. So

01:06:55 --> 01:06:58

little bit of thoughts about this issue of

01:06:58 --> 01:07:00

segregation, especially when it comes to Islamic conventions

01:07:00 --> 01:07:01

and lectures.

01:07:05 --> 01:07:06

Well, so so,

01:07:07 --> 01:07:09

the book that you pointed out, the or

01:07:09 --> 01:07:10

you,

01:07:11 --> 01:07:13

referred to the book that I wrote on

01:07:13 --> 01:07:15

gender interaction, it's male female interaction in

01:07:15 --> 01:07:17

Islam. I had a picture of,

01:07:18 --> 01:07:21

like, a classroom, like, where men and women

01:07:21 --> 01:07:23

coexist in the same classroom.

01:07:23 --> 01:07:24

And

01:07:24 --> 01:07:27

I have the speaker, which was,

01:07:27 --> 01:07:28

supposedly a man

01:07:29 --> 01:07:30

facing the man, and the women

01:07:31 --> 01:07:33

were to the side a little bit. They

01:07:33 --> 01:07:34

are still able to see the speaker.

01:07:36 --> 01:07:37

There is no partition between them and the

01:07:37 --> 01:07:39

speaker, but they were a little bit to

01:07:39 --> 01:07:42

the side where the speaker is not facing

01:07:42 --> 01:07:42

the women,

01:07:43 --> 01:07:46

all the time. You know, I think that

01:07:46 --> 01:07:48

people would be entitled to critique,

01:07:49 --> 01:07:49

you know,

01:07:51 --> 01:07:52

you know, like, a a young,

01:07:53 --> 01:07:54

male

01:07:54 --> 01:07:55

preacher or speaker

01:07:56 --> 01:07:57

sitting across,

01:07:59 --> 01:07:59

from,

01:08:00 --> 01:08:00

like,

01:08:01 --> 01:08:02

well good appearing

01:08:02 --> 01:08:05

woman. All relative to Shaitan. We're gonna push

01:08:05 --> 01:08:07

back here. It's all relative. It's all subjective.

01:08:08 --> 01:08:09

All these adjectives you're using.

01:08:10 --> 01:08:12

But but at the same again at the

01:08:12 --> 01:08:14

same time that these Who's gonna define these

01:08:14 --> 01:08:15

things? Recognizable.

01:08:15 --> 01:08:16

Right? Recognizable,

01:08:18 --> 01:08:18

things.

01:08:19 --> 01:08:21

Our scholars have always talked about

01:08:21 --> 01:08:22

about these concepts.

01:08:23 --> 01:08:24

Our,

01:08:25 --> 01:08:25

you know,

01:08:26 --> 01:08:27

forget about it.

01:08:28 --> 01:08:29

Not completely,

01:08:30 --> 01:08:31

not well dressed.

01:08:32 --> 01:08:32

Not,

01:08:34 --> 01:08:36

like for for forget about what appearing,

01:08:38 --> 01:08:39

because

01:08:40 --> 01:08:43

a young man sitting across from a young

01:08:43 --> 01:08:45

woman for 1 and a half hours,

01:08:46 --> 01:08:48

I think it's it's a setup that's a

01:08:48 --> 01:08:49

little bit

01:08:49 --> 01:08:50

problematic.

01:08:50 --> 01:08:53

Like, if you have a young man sitting

01:08:53 --> 01:08:55

here and a young woman sitting there,

01:08:55 --> 01:08:57

and they're basically,

01:08:58 --> 01:09:00

face to face for 1 and a half

01:09:00 --> 01:09:02

hours, and you're telling him lower your gaze.

01:09:03 --> 01:09:06

Wait. So you say in just the 2

01:09:06 --> 01:09:07

of them? Or you're talking about No. I'm

01:09:07 --> 01:09:08

talking about

01:09:08 --> 01:09:10

even if it is, like, 2

01:09:11 --> 01:09:11

200 people,

01:09:12 --> 01:09:14

but he's sitting right across

01:09:14 --> 01:09:14

from,

01:09:15 --> 01:09:17

like, a young woman,

01:09:19 --> 01:09:20

that may not be

01:09:21 --> 01:09:21

properly,

01:09:22 --> 01:09:22

dressed.

01:09:23 --> 01:09:25

And the he's sitting across from her for,

01:09:25 --> 01:09:25

like,

01:09:26 --> 01:09:29

2 hours, 1 hour, 45 minutes, half an

01:09:29 --> 01:09:30

hour.

01:09:31 --> 01:09:33

That is not conducive to lowering your gaze.

01:09:33 --> 01:09:35

Like, if doesn't Allah say,

01:09:36 --> 01:09:36

you

01:09:37 --> 01:09:40

know, say to the believing men to lower

01:09:40 --> 01:09:42

their gaze? Like, is is this arrangement

01:09:43 --> 01:09:44

conducive

01:09:44 --> 01:09:46

to lowering your gaze?

01:09:46 --> 01:09:49

What what what is the lowering your gaze

01:09:49 --> 01:09:50

about then?

01:09:52 --> 01:09:55

If we're not going to to try

01:09:55 --> 01:09:56

to

01:09:57 --> 01:09:58

make arrangements

01:09:59 --> 01:10:00

for this to happen.

01:10:01 --> 01:10:04

So, like, you're you're 25 years old. She's

01:10:04 --> 01:10:07

25 years old. You're sitting across from each

01:10:07 --> 01:10:10

other for, like, 45 minutes,

01:10:10 --> 01:10:11

and then supposedly,

01:10:12 --> 01:10:14

you're lowering your gaze. Well, how is that

01:10:14 --> 01:10:16

happening? So, Shazrat,

01:10:16 --> 01:10:18

one example which is I think definitely on

01:10:18 --> 01:10:20

the more extreme side. Yeah. Let's be more

01:10:20 --> 01:10:21

But okay. Okay. So

01:10:22 --> 01:10:22

so

01:10:23 --> 01:10:26

in in in in my in the drawing

01:10:26 --> 01:10:27

that I have in the book, I have

01:10:27 --> 01:10:29

the women to one side. There is no

01:10:29 --> 01:10:31

partition between the speaker and the women

01:10:32 --> 01:10:34

exactly like you had it yesterday at epic.

01:10:35 --> 01:10:37

Didn't we have the seminar? There's a guy

01:10:37 --> 01:10:38

seminar yesterday at epic.

01:10:39 --> 01:10:40

I was facing

01:10:40 --> 01:10:42

the men. The women were to the side.

01:10:42 --> 01:10:44

Good or messaged you. The women were a

01:10:44 --> 01:10:47

little bit to the side. I think that

01:10:47 --> 01:10:49

if a woman was given that lecture, I

01:10:49 --> 01:10:52

would have placed her table across from the

01:10:52 --> 01:10:53

women. That's exactly what we do at our

01:10:53 --> 01:10:56

mission. And the men would be to the

01:10:56 --> 01:10:56

side

01:10:57 --> 01:10:58

so that the arrangement

01:11:00 --> 01:11:00

is sensitive

01:11:01 --> 01:11:02

to our values

01:11:03 --> 01:11:05

and to the concept of lowering your gaze.

01:11:05 --> 01:11:07

And in that picture that I had in

01:11:07 --> 01:11:09

the book, I had a partition,

01:11:10 --> 01:11:12

and I wrote next to the partition on

01:11:12 --> 01:11:12

optional.

01:11:14 --> 01:11:15

And, you

01:11:15 --> 01:11:18

know, I go to different places. Sometimes they

01:11:18 --> 01:11:20

have the partition. Sometimes I don't tell them

01:11:20 --> 01:11:22

remove it. Sometimes they don't. I don't tell

01:11:22 --> 01:11:23

them put it.

01:11:24 --> 01:11:26

At Masjid where I where I usually conduct

01:11:26 --> 01:11:26

my classes,

01:11:27 --> 01:11:29

they have we have that partition between men

01:11:29 --> 01:11:31

and women. But again at the same time

01:11:31 --> 01:11:34

there's no partition between me and the sisters.

01:11:34 --> 01:11:37

I am sitting here facing the men. The

01:11:37 --> 01:11:39

sisters are a little bit Personally, Sheikh, I

01:11:39 --> 01:11:40

agree with you. This is the ideal, and

01:11:40 --> 01:11:42

that's what we do in our masjid Personally,

01:11:42 --> 01:11:44

however, even this

01:11:44 --> 01:11:46

is too liberal for some people,

01:11:46 --> 01:11:48

and it is too strict for others as

01:11:48 --> 01:11:50

you're aware. But the bastards of the prophet

01:11:50 --> 01:11:52

did not have a physical partition between men

01:11:52 --> 01:11:54

and women. Yes. Women were behind the men.

01:11:54 --> 01:11:56

The argument given by the modern critics is

01:11:56 --> 01:11:59

that our modern women are not dressed appropriately,

01:12:00 --> 01:12:02

all the time compared to the Sahabi'at. But

01:12:02 --> 01:12:04

Sheikh, let's get now to the more

01:12:04 --> 01:12:06

explicit question, and that is the conventions that

01:12:06 --> 01:12:09

are beyond our control. Mhmm. You're invited to

01:12:09 --> 01:12:10

these mainstream ones, so am I.

01:12:11 --> 01:12:13

And you're well aware that

01:12:14 --> 01:12:16

there is no segregation in 5,000

01:12:17 --> 01:12:20

10000 people. There is not even a organic,

01:12:20 --> 01:12:21

I e.

01:12:22 --> 01:12:24

Yeah. Sure. There are, you know, certain women

01:12:24 --> 01:12:26

that just sit together, certain men, But overall

01:12:26 --> 01:12:28

in the audience, the I don't think I

01:12:28 --> 01:12:30

don't think that we we that we're required

01:12:30 --> 01:12:32

to have physical segregation. I think that there

01:12:32 --> 01:12:34

should be basically

01:12:34 --> 01:12:38

self motivated segregation because the the speakers and

01:12:38 --> 01:12:39

the Muslim preachers

01:12:39 --> 01:12:43

need to be teaching people about Islamic

01:12:43 --> 01:12:44

modesty

01:12:44 --> 01:12:47

and appropriate Islamic behavior

01:12:47 --> 01:12:49

so that there will be self enforced,

01:12:50 --> 01:12:53

not complete segregation, but self enforced

01:12:53 --> 01:12:54

modesty,

01:12:55 --> 01:12:57

you know, where the the women would choose

01:12:57 --> 01:12:59

to sit next to women, and the men

01:12:59 --> 01:13:01

would choose to sit next to men,

01:13:01 --> 01:13:03

and there would not be inappropriate

01:13:03 --> 01:13:06

interaction. You're saying the preachers would teach this?

01:13:06 --> 01:13:08

The the My But this is the shortcoming

01:13:08 --> 01:13:11

of This is Yes. The preachers,

01:13:12 --> 01:13:13

of course, must teach

01:13:13 --> 01:13:15

this. But And I could be wrong.

01:13:15 --> 01:13:17

But in these massive conventions,

01:13:18 --> 01:13:19

the priority

01:13:20 --> 01:13:21

at that point in time for these 5,

01:13:21 --> 01:13:23

10000 people, we know who they are. They're

01:13:23 --> 01:13:25

the ones that don't come to the masjid

01:13:25 --> 01:13:27

right there. They're the ones that for the

01:13:27 --> 01:13:29

priority for them is not to be taught

01:13:29 --> 01:13:32

segregation at this stage. The priority for them

01:13:32 --> 01:13:33

is to make them feel the 'izzah for

01:13:33 --> 01:13:35

the ummah. The priority for them is to

01:13:35 --> 01:13:37

feel a sense of Khushua and Iman, to

01:13:37 --> 01:13:39

come closer to Allah Subhanahu Wa Ta'ala, to

01:13:39 --> 01:13:41

love their religion. There are people that are

01:13:41 --> 01:13:43

leaving the faith at these types of conventions.

01:13:43 --> 01:13:43

So

01:13:44 --> 01:13:45

my philosophy,

01:13:45 --> 01:13:47

these large mainstream conventions that I'm not in

01:13:47 --> 01:13:49

charge of, where I'm in charge of we

01:13:49 --> 01:13:50

have the segregation,

01:13:50 --> 01:13:52

we don't bring up issues of segregation.

01:13:53 --> 01:13:54

We don't bring up issues of the hijab.

01:13:54 --> 01:13:56

Not because I don't believe in them, but

01:13:56 --> 01:13:57

because I don't think this is the right

01:13:57 --> 01:13:59

time or place or forum to do that.

01:13:59 --> 01:14:02

These are the times where, as I said,

01:14:02 --> 01:14:03

we bring them a sense of Izzah for

01:14:03 --> 01:14:05

their ummah and a sense of pride of

01:14:05 --> 01:14:07

being Muslim. Right? Now, the critics allege

01:14:08 --> 01:14:08

that

01:14:09 --> 01:14:10

this is a

01:14:11 --> 01:14:14

watering down and a betrayal of the Amana

01:14:14 --> 01:14:16

that is given unto us. And in response,

01:14:16 --> 01:14:17

I simply say

01:14:18 --> 01:14:20

I have given multiple lectures in my masjid

01:14:20 --> 01:14:23

about hijab, and about women's roles and issues

01:14:23 --> 01:14:24

and whatnot. And this is for those that

01:14:24 --> 01:14:27

are now more interested in these topics. Right?

01:14:27 --> 01:14:29

So do you You yourself, when you go

01:14:29 --> 01:14:31

to And I know you go to these

01:14:31 --> 01:14:31

conventions.

01:14:31 --> 01:14:34

You yourself do not talk about segregation on

01:14:34 --> 01:14:35

those platforms.

01:14:38 --> 01:14:40

I'm Not to put you on the spot.

01:14:40 --> 01:14:42

Sorry. I don't I don't go to those

01:14:42 --> 01:14:42

conventions,

01:14:43 --> 01:14:45

but, like, you know, I rarely go,

01:14:46 --> 01:14:48

to the to those conventions, but I don't

01:14:48 --> 01:14:50

blame people who go to those conventions.

01:14:50 --> 01:14:53

And I don't basically decide for them what

01:14:53 --> 01:14:54

they believe to be,

01:14:55 --> 01:14:58

the right discourse for at at at that

01:14:58 --> 01:14:59

time.

01:14:59 --> 01:15:01

I just have one reservation

01:15:02 --> 01:15:03

about people who

01:15:04 --> 01:15:05

use the priority

01:15:05 --> 01:15:06

card

01:15:06 --> 01:15:08

or the priorities card.

01:15:08 --> 01:15:11

They never address those issues. Like someone who

01:15:11 --> 01:15:13

is an imam in a masjid, for instance,

01:15:14 --> 01:15:15

for 25 years,

01:15:16 --> 01:15:16

and,

01:15:17 --> 01:15:19

he has never addressed those issues

01:15:20 --> 01:15:23

because it is not a priority. It's not.

01:15:23 --> 01:15:25

Fair enough. You have to you at

01:15:26 --> 01:15:28

like, you have to help. We're talking we

01:15:28 --> 01:15:29

talked about Erdogan,

01:15:31 --> 01:15:33

before in a in a previous discussion with

01:15:33 --> 01:15:33

you.

01:15:34 --> 01:15:36

So you have to say to yourself, it

01:15:36 --> 01:15:38

has been 20 years.

01:15:38 --> 01:15:41

I we I took this congregation

01:15:41 --> 01:15:44

from point a to point b, but you

01:15:44 --> 01:15:45

can't basically be,

01:15:47 --> 01:15:50

standstill in you know, and and say that

01:15:50 --> 01:15:52

it it is not the right time. It's

01:15:52 --> 01:15:54

been 20 years. Like, what have you done?

01:15:55 --> 01:15:57

You know, you you need to be concerned

01:15:57 --> 01:15:58

about

01:15:58 --> 01:16:01

Islamic manners, Islamic etiquettes, Islamic way of life.

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

You need to be Great. Okay. Basically,

01:16:05 --> 01:16:06

you you need to consider

01:16:07 --> 01:16:07

those things.

01:16:08 --> 01:16:10

But when will you do it? How will

01:16:10 --> 01:16:12

you do it? How you know, where

01:16:13 --> 01:16:15

these are questions these are you you will

01:16:15 --> 01:16:17

have to figure out the answers

01:16:17 --> 01:16:20

to those questions, and no one can dictate

01:16:20 --> 01:16:22

to a particular preacher

01:16:22 --> 01:16:24

when, how, and where,

01:16:24 --> 01:16:25

to do these things.

01:16:26 --> 01:16:27

But they just need to be concerned and

01:16:27 --> 01:16:29

they need to be doing something about it.

01:16:29 --> 01:16:32

Yeah. Yeah. Okay. So inshallah, let us summarize

01:16:32 --> 01:16:33

and wrap up inshallah.

01:16:33 --> 01:16:36

So we were talking about gradualism and pragmatism,

01:16:37 --> 01:16:40

and the slow, application of and,

01:16:42 --> 01:16:44

in this regard is that,

01:16:45 --> 01:16:47

there seems to be enough leeway

01:16:48 --> 01:16:48

and,

01:16:49 --> 01:16:49

permissibility

01:16:50 --> 01:16:52

to have a long term vision that is

01:16:52 --> 01:16:56

implemented in smaller steps. And this applies not

01:16:56 --> 01:16:58

only to Muslim majority lands, but also in,

01:16:59 --> 01:17:02

situations like here in America where we feel

01:17:02 --> 01:17:02

that,

01:17:04 --> 01:17:06

does require many steps to get to the

01:17:06 --> 01:17:08

final goal. Any final comments you have about

01:17:08 --> 01:17:11

this issue of pragmatism and, and and gradualism?

01:17:12 --> 01:17:14

No. I I believe,

01:17:15 --> 01:17:17

that this this this is the case, and

01:17:17 --> 01:17:19

I believe that, there should always be priorities.

01:17:20 --> 01:17:22

And I believe that, people who are not

01:17:22 --> 01:17:23

praying,

01:17:23 --> 01:17:25

it may not be a priority

01:17:25 --> 01:17:29

to talk to them about Islamic etiquettes of,

01:17:30 --> 01:17:32

England and to to address their,

01:17:33 --> 01:17:35

greater like, like, if you have a key

01:17:35 --> 01:17:37

cancer, you're probably not going to be that

01:17:37 --> 01:17:37

concerned

01:17:38 --> 01:17:39

about,

01:17:39 --> 01:17:40

like,

01:17:40 --> 01:17:43

a benign mole on your hand or something.

01:17:43 --> 01:17:43

So,

01:17:45 --> 01:17:47

there is there is there is certainly must

01:17:47 --> 01:17:48

be a prioritization

01:17:49 --> 01:17:49

and

01:17:50 --> 01:17:51

prudent approach,

01:17:51 --> 01:17:52

to

01:17:52 --> 01:17:53

and

01:17:53 --> 01:17:55

to preaching and to dawah in general

01:17:58 --> 01:17:58

is necessary,

01:17:59 --> 01:18:01

is is vital for our success

01:18:02 --> 01:18:03

everywhere,

01:18:03 --> 01:18:06

men in Muslim majority lands or Muslim or

01:18:06 --> 01:18:10

wherever we are as, Muslim minorities, but particularly

01:18:10 --> 01:18:10

so,

01:18:11 --> 01:18:14

where where there are Muslim minorities because,

01:18:14 --> 01:18:15

those Muslims,

01:18:17 --> 01:18:18

should not be pushed away,

01:18:19 --> 01:18:22

of course. They should be accommodated. They should

01:18:22 --> 01:18:24

be welcomed. That they should not

01:18:24 --> 01:18:26

be pushed away because it is very easy

01:18:26 --> 01:18:27

for them

01:18:27 --> 01:18:29

to get lost. Mhmm.

01:18:30 --> 01:18:31

And and when we do so,

01:18:32 --> 01:18:34

this is not a reformation of the religion

01:18:34 --> 01:18:36

whatsoever and contrary to what many of the

01:18:36 --> 01:18:37

critics alleged. This is simply

01:18:38 --> 01:18:40

applying the wisdom within the Sharia that is

01:18:40 --> 01:18:43

allowed by Allah Subhanahu Wa Ta'ala demonstrated by

01:18:43 --> 01:18:46

our salaf and our rurama throughout history.

01:18:46 --> 01:18:48

And, when we learn and study, we understand

01:18:48 --> 01:18:50

this is what the Sharia itself allows us

01:18:50 --> 01:18:53

to do, inshaAllah. With this Jazakumullah kesha for

01:18:53 --> 01:18:55

spending so much time. May Allah bless. May

01:18:55 --> 01:18:57

Allah put it in mezzan alazanah. And InshaAllah,

01:18:57 --> 01:18:58

we hope to have further conversations.

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

Viewers, if you have specific topics you're interested

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

in, more than happy to continue these conversations

01:19:03 --> 01:19:05

with our Sheikh, and inshaAllah, we will see

01:19:05 --> 01:19:06

you until next time.

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