Usool al Fiqh, Practice Islam in Secrecy Q&A #12

Yasir Qadhi

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Bismillah Al Rahman Rahim Al hamdu Lillahi Rabbil Alameen wa Salatu was Salam ala Sayyidina Muhammad in while earlier he was slightly as Marine and the first question for today, somebody said that I'm confused between the difference of father and wajib and also sunnah Okada and Sunnah there, moussaka, can you please explain these terms to me? So this question deals with a science that all of us should be aware of all of us should know this broad science it is called a soil. And soil filter is the science of how we derive how we extract laws. What are the sources of Islamic law? What are the terminologies? What are the language rhetorics and devices that we use? And how do we

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reconcile between conflict or potential conflict between the sources itself? Most of the misunderstandings that occur about failure occur because people don't know the chapter of Azula. In fact, one of my teachers used to tell us to complain all the time that one of the biggest disasters, he said, is that the majority of Muslims don't even know there's a science called the pseudo filth. And so they open up the Quran and Hadith and without any knowledge of how to derive, they just think they can extract the laws directly. No, there is the science of how you extract the laws. And the science of solar varies from school of law to school of law. As we're all aware, there are four

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famous schools of law but there are many more besides these but four that are codified and have an acceptance amongst the OMA and also little fake varies between these four and it is one of the main causes why there are differences of opinion between these four. So for example, the School of Imam Malik of Medina, they took one of the sources of Islamic law to be the practices of the people of Medina for example, right so if the people of Medina were doing something Imam Malik said, this means that their fathers did it and their grandfathers did it. And the Prophet system was alive when their grandfathers did it. So this means it becomes a source of law. So for Mr. Malik, he had a

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principle that is called the Amel el Medina. The customs of the people of Medina become a source of law for him, they become a part of the Maliki madhhab. And the other three schools said no, the people of Medina are no more special in the third generation than the beef bowl of pasta and Kufa. And so we're not going to take this as a source of law. It is well known Imam Abu Hanifa. He concentrated on chaos or analogy more than the other three schools. So this led to differences in law. So the point being, The brother asked a question, what is the difference between father and wajib? I wanted to begin by saying this is Chapter One of a solar. If you open up any classical book

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of a solar filter, the first or the second chapter, it is called a gamma takhli fear or the rulings that Allah has placed upon the macula, who is the macula. The macula is the one who is obliged to follow the laws of the Sharia. So an adult sane, male, female, an adult by law, that is able to think rationally so a child is not McAuliffe, somebody who's not rational you know, they're they don't have the intellect they're, you know, mentally challenged, they're not mocha left. So the Mocha Love is the one who is obliged by the Sharia to follow Islamic law. And there are rulings on the Mocha love all over the Sharia I can be categorized into these rulings. Now. We begin by

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stating, as we said, also that varies from school to school. So the Hanafi school has a different categorization than the other three schools and this is something that is general knowledge. I'm not going to go advanced today, but it is something you should be aware of even as Muslims that are not specialized in physical swallowfield. This is general awareness. The Hanafi school has seven primary categories. And the Maliki Shafi and humbly school has five primary categories. Okay, this is something that we should all be aware of. Let's begin with the five so that we get a basis then the seven we extrapolate, so the Maliki the Shafi and the humbly generally speaking, they have five with

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some minor differences, but they all have these five and the highest category. So two categories deal with doing something two categories deals with don't doing something and one category deals with choice between doing or not doing okay, two categories doing

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the doing you have the highest level, you must do it and this is according to the three month hubs, non Hana fees, you call it forward, or wajib. They are synonymous for the three meetups, the three mud hubs followed or wajib or hatom, or rockin or LA Zim. All of this is the same for them. And it is something that you are obliged to do the technical definition, what the McCullough is obliged to do, and what he is sinful for not doing this is the word

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Here are the fourth standard example is the five Salawat. This is fourth or wajib. The second level of doing is sunnah or Mr. hab and that is what you are rewarded to do and you are not sinful to not do. Okay, so the Torah can after the hood is Sunnah the Touriga after maghrib is Sunnah the Toluca after Russia is sunnah. Okay, so this is sunnah. Then you have the two that you're not supposed to do. So the harshest is haram as you know, and Haram is that which is sinful to do. If you do it, you are sinful. Unless this Ebola obviously, there's always exceptions. So for example,

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eating pig pork is sinful It is haram. And then you have the one above that category, which is my crew. And the majority of the mud hubs don't have a differentiation, they just say my crew and my crew means if you do it, you do not get sin. But if you don't do it, and you had the opportunity to if you don't do it, you will get rewarded by Allah subhana wa Tada. It's better not to do but in case you did it, then Allah will not punish you for doing it. So the and then of course you have the middle category, which is MOBA. Neither sinful, nor is it rewarding. It is all permissible. And I'll give you an example of all five when it comes to the dress code for example, so it is wajib for the

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male to cover his hour this is wajib it is sunnah to go beyond the hour. It's not watch if it is sunnah it is Mr. hub you are rewarded. It is wajib to cover naval to knee. Now should a man be walking around in public only naval Toony it's not befitting it is sunnah it is Mr. Hub, it is rewarding that he covers more than just the bare minimum power. Okay, it is MOBA to wear shalwar kameez are thrilled, or pants shirt, all of it is exactly the same. And I have mentioned this in other categories and classes, there is no such thing as Libous as soon as I'm gonna claim and others say all of it is mobile, as long as the outer is covered, and it is according to the requirements

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and surely it is all mobile. It is my crew to wear clothes that are calling attention to oneself gaudy, ostentatious clothes, this is my crew, you're wearing something that is atypical and people will be looking at you as if it's a type of flaunting right this is my crew and it is haram for a man to wear silk for example, right. So these are five simple categories that I have given you. Now, one of the problems of this categorization that we need to explain to our youth the problem is not in the categorization it is we don't explain it is that these are broad spectrums, not all wajib is the same, and not all Haram is the same. And unfortunately, we fail to communicate this to our next

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generation. So the term haram for many of them ceases to have its meaning when we put a large category of things in this box without explaining Haram is a spectrum. It begins with a very small sin it is still haram and it goes all the way to shirk, which is the worst of all, haram. When we tell our children for example, that murder is haram. Then we say music is haram, for example, right? For those who say it is haram, we'll have another long to Elektra, but music one day inshallah. But for those who say it is haram, our children are like murder music, same category. How is that possible, and it's not the same category. And it's failure in our part to communicate to our

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children Haram is a vast spectrum. You cannot just fail to communicate this that there is something called Sahar, there's something called kabbah. There's something called a cabal Cabal, there's something called the seven deadly sins, there's a huge spectrum. But for the sake of the *ty or the technical, you just say haram. Now, it is as if the Hanafis understood this. And they said you can't just put all haram in the same, you can't put all wajib in the same. So the Hanafis divided the wardrobe and the Haram each of them into two subcategories, thus making it seven. Okay. So from five, they have seven, because they wanted to convey that not all wajib is exactly the same. Not all

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Haram is exactly the same. And so they actually have in some ways a more logical than rational categorization. I say this as a humbly but in many ways, this categorization actually helps us to understand the goals of the Sharia. So the Hanafi said that let's look at what Allah has commanded us and realize that not all are at the same level. Some are very, very strongly binding on us, right? Let's call that fault and some

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are binding but not to that level. Let's call that wajib. So for the henna fees followed and wajib are not synonymous for the other three mud hubs for them wajib are synonymous. They're the same thing. If a Shafi says followed and if a SHA three says watch him, he means the same thing. But if a Hanafi says Follow the verses Hanafi says wajib they mean separate things. Now, what is the distinction between followed and wajib? Actually, for the Hanafi is here you might benefit a little bit, actually there is a controversy within the classical scholars of the madhhab even though the default and the beginning position which is taught at the beginners level, is that followed is that

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which is Altria Delilah, and why God doesn't have the same level of Kataria Dellal or in other words followed is very explicit in the Quran and Sunnah and to deny it might even be covered or something whereas wajib is not as explicit in the Quran and Sunnah. This is the majority definition, especially the later Hanafi scholars are holdest. So for example, they will say the five Salawat are filed. Because Allah says so and there's Waterwatch Hadith as for WITR they say the Quran is not explicit about winter. And the Sunnah, doesn't have the same number of a hadith about winter. So it's not as binding, but it is still binding. So they put it in wajib. So they say winter, Salah is

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wajib and the five days Salawat are followed. However, for the advanced Hanafis they should know that this is one opinion and other such as adjust sauce has a much more in my opinion.

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Better but again, I'm not 100 view so it's up to you to decide which one you want to follow with your source. For example, He says that the photo is an essential part of it such that if you don't do it, then essentially you cannot make up but a wajib is not as essential and if you don't do a wager for example, you can make it up so, he has a different way of putting it but both definitions or I should say three or four because the NF have other definitions but there is a spectrum of opinion but in the end of the day follow this higher than watch it however you define it further is higher than wajib. So this is in the fourth category in the opposite category, what the other men

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have say haram the Hanafi is understood you can't just say everything haram because that gives the wrong impression. Some things are not anywhere near as Haram as other things. So they divided it and they said that there is something that is called the

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Kara Hutton Z and Cara had to had me okay and so they had haram then Karahan Z he then Kurata sorry haram Karakuri cara cara Hatton z and then they have MOBA so they have three categorizations under that MOBA rather than two and the difference between macro tansy and macro to Hidemi. So what the majority said mcru the Hanafi said mcru 10 Z, they call it macro and Z he then they have a category between mcru and haram from the other categories from the from the three modems. Are you guys following Am I going too fast? For the three month hubs? You have MOBA mcru Haram. Okay, for the HANA fees. MOBA mcru becomes micro, tansy, he, then there's a new category, then there's a haram and

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the new category is called mcru to Hidemi. Now, what is the difference between the Hidemi Mahkota Hidemi. And haram? Again, goes back to you know, technical difficulties but but technical definitions but the essence is understood by all my crew.

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Daddy, me, the sin is not as big as haram. Okay, so simple example. According to and by the way, I've spoken to a lot of 100 views about this, there seems to be some modern opinion, but the classical madhhab did not allow people to eat shrimp. Okay. And I've spoken to some major major Hanafis and they are wanting to rethink through this shrimpy position, right? This is not small fish anymore. We have to go very, very deep fry about decision anyway. Okay, enough for the so our Hanafi expert here says he two follows the Johor position that allows shrimp but the classical Hanafy position says that you should not eat shrimp. Okay, now, are you going to equate shrimp with pork?

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Obviously the Hanafis did not do that. So eating pork is what category haram according to the classical majority Hanafy position eating shrimp is Cara

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to hurry me according to the majority, but there is a new movement that saying Cara, tansy he I think they liked the shrimp too much. Right? So they're like, upgrading the shrimp gets a free upgrade, it's MOBA. MashAllah he's given double upgrade Mashallah. That's about a koala. And for the majority of men has by the way, we'll talk about seafood one day lecture about that. So they don't even think shrimp is anyway problem problematic anyway, the point being that

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You understand the Hanafi is seven categorizations and in fact it makes actually more sense and Allah Subhana Allah knows best. As for the issue of sunnah moussaka and Sunnah there, moussaka. Once again this is something that all of the various methods have different terminologies for. And so the concept is found in all the mud hubs, but the terminology is different. And so for example, the enough have a whole advanced categorization for the other mud hubs Sundaram. Waka can also be called Nuffield for example, right. So, all of these are terminologies that depends on the main hub of the scholar who uses them pseudonym or aka would be the Sunnah, that is strongly encouraged that the

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Prophet system would habitually do and the best example is the 10 or 12 raka artha we pray after fajr sorry before Fajr after before and after her after maghrib after issue, this is sooner more akkada Okay, so now they're more akkada for the enough would be for example, so that additional for example, right? The for a car before ourselves, for example, and afford a car before Isha for example, right? And the other models will say this is Neville. So, the point is, this is not something that would regularly be done, whereas the other 12 would be regularly done. So there is no Carozza Sorry, there is no sin, I should say because this other is mcru. To leave a sunnah there's

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another also the Estella, but there's no sin in the eyes of Allah if you leave a sunnah, but there is a sin if you leave a wajib or a photo. So this is the answer to this question. And I hope that inshallah it is clear that these categorizations differ from month to month. The second question actually really touched me and it's a very to me, it was a very emotional questions. And I know that really made me pause and it was just an emotional question, I read it and the brother's name is in there, but obviously, you will, when I read the question, you will see why I will not mention his name. So the brother emails and he says, I am from a village in India, and I accepted Islam three

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years ago, and I have been listening to your lectures for the last five years. And in my town, there is not a single Muslim, or a masjid. My parents and friends and family do not know about my conversion. My question is, how do I practice the deen? Because I don't know much about the deen. And I don't have access to people that can teach me as well. I cannot reveal my Islam right now. So am I sinful for hiding my Islam? Since the situation here is not very good.

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And this question really, it touched me immensely. First and foremost, we thank Allah subhana wa Taala for the freedoms that we have to pray and fast and be Muslim Alhamdulillah from Al Hamdulillah, we thank Allah, that we are not in such a position that our very Islam is a difficulty to reveal. And secondly, I thank Allah we thank Allah for the blessings of the internet, that has allowed the data to be spread across this globe to people that we have no contact with. This is a brother. For five years, he has been researching and been listening to lectures, and Allah guided him to Islam. Even though he has never met a Muslim in his small village, he has access to the

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internet, and he's listening to lectures and he's listening to these, the lectures and he got the email from these lectures to give us with Han Allah, what world we live in. This is how them and for the law here, Elena, this is Allah's blessings, that communication has opened the world now and the whole world literally is a village even the village is on the super highway that is connected. Now as to the response to the question. I say to this brother, that first and foremost obviously any we thank Allah and you should thank Allah for having guided you to Islam in such difficult circumstances. And realize my dear brother in Islam and all of us love you for the sake of Allah and

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even if you have not met us, we love you realize that your situation is a typical and you are obliged to do only what you are capable of doing without bringing any undue harm or severe repercussions upon yourself or your movements or your freedom is not just a matter of life and death or else you have to do it. No, the *ty AI allows you in case of harm that is unnecessarily burdensome on you. It's not something that you can bear reasonably, who gets to define what is reasonable only you because you have to answer to Allah subhana wa Tada for what you have done

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If a difficulty is too unreasonable for you to bear, not just a matter of life and death, obviously life and death is clear cut that the Haram becomes Halal that even if somebody forces you to commit shirk, as Allah says in the Quran, Ilam and Ocklawaha were called whoo hoo much more in noble Iman. That's a clear cut scenario, but the Sharia allows concessions, even of a lesser nature, if you choose to do so it is up to you. You don't have to, but the Sharia allows you to do so. And I wanted to

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quote you in some detail, but it is all from Ibn Taymiyyah the famous caller Ben Timmy, he has a Bookman hajus sunnah and volume five 110 For those that are interested, it is a very long passage I have summarized it. He said that ALLAH SubhanA wa Taala has informed us in the Quran in multiple occasions, that he does not place a burden on a soul more than what the soul can bear and learn to California if son in law was was law, knew California son in law was law you can live for long enough son Illa tahap Phatak Aloha, Mr. Tom, Robin, Allah to him Mala Mala Takata, Nabi, all of these verses are as he mentions them. And then he says, and therefore, the kuffar who have heard of

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the message of the Prophet sallallahu alayhi wa sallam living in the lands of Cofer, and they know that the Prophet system is true and believe in Him and believe in what has come to Him. They should fear Allah as much as they can, like no Joshi and others know Joshi was the emperor of Amazonia, and he converted to Islam.

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Ibn Taymiyyah says no, Joshi was not able to perform the Hijra. Now Joshi could not practice Islam openly. No, Joshi did not have anyone to teach him all of the Shetty of Islam and yet he is a movement from the people of Jana. So to Allah He mentions the famous person in the Quran, we'll call the Roger minnow Minh Ali phenomena yuck TUMO Imana, who there was a movement in the family of Freetown who hid his Iman, so to this person that hid his Eman that this person is considered to be of the people of Jana, and likewise, the wife of frown asiyah And likewise, Yusuf Ali Hassan when he was put as the minister over the people of Egypt, all of them were kuffaar and he could not deal

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with them fully according to the teachings of Islam, even though he called them to Islam. Then he goes back to the Joshi. As for the Joshi, he was the king of the Christians, and he realized his people would not accept Islam and therefore when he died, no one prayed janazah for him not a single person pray Janaza Forna Joshi in his hometown, therefore, when he died, no one pray janazah for him, so our Prophet sallallahu alayhi wa seldom bled the Muslims outside and said to the believers, your brother a righteous man, no Joshi has died, we will pray janazah over him in Medina decision as Allah, Allah

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and that Joshi did not make Hijra did not do jihad did not perform Hajj. In fact, it was not even narrated that he prayed the five prayers or fasted the month of Ramadan or gave the cards this is even Taymiyah writing by the way, now Joshi it is not narrated, that he prayed or gave Zakah or fasted Ramadan. And we know for certain that he could not judge in accordance with the Shediac of Allah on his people, because his people would not have let him do that, and his people would have stopped him. Well now you can live enough sun Illa WUSA, so he goes on and on. And he therefore says that the Joshi was excused because of the pressures on him. And he is a believer, despite the fact

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he did not do what other believers did. Even in Abyssinia by the way, his circumstances were different. And this leads us to the issue now that well then when are you obliged to migrate? When must you leave your land? Our scholars mentioned two conditions necessary. And this is based on

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the verse in the Quran. In Medina tower Farhan, Al Malacca to volley me and him all to female quantum Alcona. Masada available out how to tackle Ebola he was written for to hide you roofie her? Allah says when the angels come to take the souls of those who used to commit sins, Allah will the angels will say what were you doing? And the people will say, it's not our fault. We were persecuted in the land we were weak in the land, the angels will say, wasn't the land of Allah vast you

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would migrate somewhere else. Then Allah says, Ill Masada Athena made originally when they say will will Danny, lie yourself to your own a healer and they cannot find a way out. Men, women and children who genuinely are trapped. Allah says these people, I shall forgive them as humans I shall forgive them for like so low and Yahuwah on home. Therefore dear brother in Islam watching from your village in India,

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two conditions number one, if you are not able to practice Islam at a bare minimum level, which means, say the prayers gives Zika fast from Oban, you are not forced to commit major sin, such as in this country of America, we have the freedom. If you have that freedom wajib it is not wajib to migrate. If you don't have that freedom. Condition one is met check condition two, do you have the capability to leave that land? Are you physically and emotionally and financially capable? Are you able to leave or you have nowhere to go? You don't have the finances if you are able to leave. So if both conditions are met, then Hijra is obligatory. If either condition is not met Hedra is not

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obligatory. You don't have to migrate. So dear brother in Islam, if you are not allowed to pray, and you are not allowed to fast, and you cannot declare your Islam, but you are not able to migrate, which appears to be the situation, your circumstances you don't have any place to go. You're in a small village, you don't have the finances to go anywhere. In this case, you must worship Allah to the best of your ability for to Allahu Mustafa atone, and only you know how far you can go. If your life is in danger, you are not obliged to put your life in danger. If your life isn't physical, threatened harm if they will beat you. You don't have to do anything that will cause that beating.

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It is not an obligation to announce your Islam publicly. It is not a condition. You say the shahada privately, you can whisper the shahada when you're all alone, La ilaha illAllah Muhammad Rasool Allah, you can try to pray to the best of your ability with your door locked when you're alone. Try to pray when nobody is watching. Or find a place where nobody is watching and learn how to pray from YouTube videos, you say you're watching my lectures, other lectures online, there are plenty of lectures on how to pray, learn how to pray, if you're able to fast Ramadan without getting giving yourself away, do so. And if you're able to, you know do other things ask for giving zakat inshallah

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that is possible for you to do. My point is fat Tapachula must still try to do whatever you can, in your circumstance, my dear brother as well if you're able to go to a neighboring village where there are Muslims and a masjid, and your identity can remain unknown from the first village, find a Muslim community because finding brothers really helps out perhaps one of them will be able to help you get away from this situation and open up other opportunities for you. But the point is that you must try your best within your means. And Allah will not punish you for what is beyond your means. So you believe in your heart Alhamdulillah this is the main thing, but you must follow up that belief with

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whatever actions you are capable of doing. And whatever you're not capable then Allah subhana wa Tada will forgive you and make dua for your situation, we will make dua for you. And we want you to know that all of us you are our brother in Islam, even if you're watching 5000 miles away and you are where maybe never meet in this world, in sha Allah, Allah, Allah, we will meet in the era you are doing a type of jihad that is inconceivable for us. You are doing a type of jihad living amongst people that might potentially kill you. We know what is happening in that land. Now living amongst people that you're scared your own family and friends might turn against you at any day. And only

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you know the pressure you are in and for you to find Islam in the midst of this environment. Subhan Allah, Allah has willed good for you that you have found Islam in such an environment. So thank Allah subhana wa taala. And I hope that that example serves as a role model for all of us here that here is a person he wants to pray. He's asking, How can I pray? And I'm all alone. what excuse do we have? He wants to practice Islam in a place that he might be killed for practicing Islam? what excuse do we have? So I pray that Allah blesses you and I pray that Allah blesses all of us and inshallah we will continue next week, which is going to look later on was dramatic and Rahmatullahi

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Wa Barakatuh