What Is Sharia

Yusha Evans


Channel: Yusha Evans

File Size: 9.42MB

Episode Notes

Brother yusha Evans is giving a short explanation of what is shari’a mean. So many people misunderstand the word shari’a. Which sounds so strange to the people. So his clearing out for the people.

Share Page

Transcript ©

AI generated text may display inaccurate or offensive information that doesn’t represent Muslim Central's views. Thus,no part of this transcript may be copied or referenced or transmitted in any way whatsoever.

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

The word Shetty

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

Is it a word that they're trying to make everyone afraid of in America? Absolutely. The story is the boogeyman in the closet is going to come out and get you in your sleep.

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

If Muslims become too many in America, they'll start implementing their *tier. Now, within the Sharia, I'm going to give you a few things without running out of time.

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

The Sharia is a system devised by who?

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

Allah azza wa jal, the Prophet sallallahu alayhi wa sallam was not even the legislator of Sharia. He was only the,

00:00:49--> 00:01:13

the distributor of the Sharia. Everything as the law says, This is revelation from the Prophet alayhi salatu salam, therefore surely is from Allah, designed by Allah azza wa jal for his creation, therefore it is perfect, just perfect because anything that comes from Allah is perfect because Allah is perfect. So the system is perfect. Now, within the Sharia, there are something called

00:01:15--> 00:01:19

I'm trying to think of the proper English word mocassin. What is mocassin?

00:01:21--> 00:01:32

aims goals, goals, there is something called the Mufasa of the Sharia, the goals and the aims of the Sharia. And this is the first thing you learn in a course about Sharia anybody here took courses on Sharia

00:01:33--> 00:01:52

know what am i positive the Shetty is the first thing that you will discuss. Because if you don't understand them a positive of the Sharia. Just like I am teaching them a positive they're our You won't understand Sharia whatsoever. And this is the problem. This is what you'll never hear in Congress. This is what you'll never hear them talk about about Sharia. They won't tell you them across it whatsoever. What is the number one asset of Sharia? Anybody know?

00:01:58--> 00:01:59

Number one, because it actually is.

00:02:02--> 00:02:06

The number one facet of Sharia is to make sure that tawheed is known to the world.

00:02:07--> 00:02:09

This is a tough read is everything in Islam,

00:02:10--> 00:02:52

that tell heat is known in the world. And also one of the number one acids of the Sharia is justice, justice, to make sure that justice is always served, Justice is always served. To who to whom, to the Muslims, everyone that justice is served to every single human being on planet Earth, that justice is done. another facet of the Sharia is that no one is oppressed. That is one of the most revolutionary that no one is ever oppressed. That's one of the goals of the Sharia. Another goal of the Sharia is that no woman ever gets abused. Did you know that

00:02:54--> 00:03:19

this happens to be one of this is my field of focus is Sharia and more specifically for cojinete. The graphic of crime and punishment. One of the mythos of the city is also that no child is ever abused, that no orphan is ever taken advantage of that no poor person ever goes to bed hungry, that no one ever sleeps at night without a roof over their head. All of these are the moccasin of the Sharia.

00:03:20--> 00:04:03

And Islam is very severe and serious about them. To make sure that no one tyrant is over another that no one uses their wealth as an abuse power over the poor that the poor are taking care of that women are taking care of that children are taking care of that minorities are taking care of. That no innocent person ever loses their life, then no property is ever taken from anyone else unjustly. This is the passage of the Sharia. This is the McArthur of the Sharia the goals of the Sharia. Is any of that negative with any human being on planet earth say any of that is negative with a sound mind? No, guess what? That's all the *ty is about. That's all the *ty is about nothing else,

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

nothing else.

00:04:05--> 00:04:19

And I challenge anyone to go find something different. Go find something different. And I've made that challenge and guess what you're going to get back you're going to get two things back to examples of where the Sharia does not seek to fulfill these goals

00:04:20--> 00:04:25

to rulings all the time you're going to get these same two rulings. What is the first ruling

00:04:27--> 00:04:48

cutting off the hand of the thief? What is the second one actually, that's the second one. The first one is actually the adultery. The adultery. I love when they bring these two up because these are the easiest ones to deal with. So simple. So simple. Let's deal with them real quick. adultery, and I'm giving you this is not part of the course but I'm leaving you with something adultery

00:04:49--> 00:04:51

is adultery in Islamic crime.

00:04:53--> 00:04:54

Is it in the Sharia

00:04:55--> 00:04:59

does the surely tell us how to deal with it. What is the penalty

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

Death don't apologize for these things. It's perfect death, but

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

in order for death to be implemented capital crime capital punishment to be implemented upon the adulterer there are only two ways that that can happen two ways only only two ways that that can happen what is the first way?

00:05:24--> 00:05:28

For witnesses? That's it just for witnesses.

00:05:30--> 00:05:31

For witnesses who witness what?

00:05:34--> 00:05:42

witness the wife with another man walking in the street? No. What about them at the mall? What about them in a room together? What about them in bed together?

00:05:44--> 00:05:48

No. four witnesses that witness the act of coitus.

00:05:49--> 00:06:01

four witnesses they will act accordingly. Now, those four witnesses can they be any Joe Blow from from who knows where know they need to be for known I mean, upright known righteous people.

00:06:02--> 00:06:03


00:06:05--> 00:06:27

Muslim, right known for their truthfulness, known for their Deen and their a flock and their character. They're beyond scrutiny. That is the only way that that can happen. How many times in recorded history has four upright witnesses been the deciding factor in an adultery case? Never happened?

00:06:29--> 00:06:39

Never happened in recorded history. just doesn't work like that. Okay, so since that one's off the table, since it never happens. What is the other way? There's only one other way.

00:06:40--> 00:06:53

Confession from the person who's done it. confession of the person who has done it, they have to confess to their crime now, if they confess to their crime, did they take them if

00:06:56--> 00:07:01

just one, whoever wants to take the penalty wants to take the punishment?

00:07:03--> 00:07:16

That's what we're getting to. Yes, if they let's say they woke up into the into a courtroom or into a judicial office in a Muslim country where there was a shadow being implemented, right? The right way was talking about

00:07:17--> 00:07:28

things that don't exist, but we're just we're hyper hyper hypothesizing here. Let's say they walk into there and say I have committed adultery, I want to be punished. Are they going to take them out back burying them in the sand and stone them that afternoon?

00:07:29--> 00:07:36

Nope. The cardi when he interviews them first, do you know what he is instructed to do by the Sharia.

00:07:39--> 00:07:48

Ask them to retract the confession. He is instructed by Sharia by the son of the prophet SAW the law and it was a limb to ask them to retract the confession, take it back.

00:07:49--> 00:08:19

I don't care if you did it or not take it back. If that person doesn't want to take it back, then that person has given time to think about it. The judge can send them home, he can put them in prison or whatever have you to give them time to think it over. And then bring them back and ask them again retract your confession, he can even explain to them what's going to happen. Look, we're going to take you out back, we're gonna bury you in the sand. We're gonna pick up a bunker bunch of rocks, and we're gonna beat you to your dead. Are you sure you want to go down this road. And if that person continuously

00:08:21--> 00:08:41

confesses, and says that they want to be put to death for the penalty that they have committed, then the body is under no choice but to give that person what they want? what they want, they're asking for it. They're begging to be punished in this life for a second, they don't want to stand in front of a law firm on the Day of Judgment. So the party gives them what they want.

00:08:42--> 00:08:44

how harsh does that sound?

00:08:45--> 00:08:50

You given the person what they want? Now, is there any other way I can prove with those three?

00:08:53--> 00:08:56

What about if a woman

00:08:57--> 00:09:09

there's some different opinions about if a husband accuses wife and takes an oath, and we're just going to be general now? Because I have some opinions upon that, but I'm not knowledgeable enough to have opinion. Because if that were the case, then

00:09:10--> 00:09:15

husband gets angry at his wife over burning his favorite food and there might be a problem. But nevertheless,

00:09:17--> 00:09:25

let's say a woman becomes pregnant. The husband says that's not my child. The baby is born. They take a DNA test.

00:09:26--> 00:09:31

And the DNA test says that that child is not the son of the husband. Is that enough?

00:09:33--> 00:09:35

DNA is 99.9% Sure.

00:09:39--> 00:10:00

It's not enough, even if it's 99.99999%. It's not enough because in Islam, if you're going to take a life You better be 100% sure, you better be 100% guaranteed that that life you're going to take is justified. Because if not Allah tells you to take one innocent life is as if you've killed all of mankind.

00:10:00--> 00:10:14

And the sherea takes that into consideration. If there's any doubt, even if they have taken the the person and buried them in the sand, and they are about to throw the first stone. And the person says, Look, I retract my confession. Is it too late?

00:10:15--> 00:10:17

They dig them up, send them home.

00:10:19--> 00:10:43

That's just the way Islam treats a life. A life is sacred. And you don't play with that sanctity. So do you think they ever told that in any of their Congress hearings about Sharia? Absolutely not. Absolutely not. And they won't let you tell that story because this is chose the justice of the Sharia. The Sri is the most just system that is out there. Now, what about the cutting off the hand and then we're going to continue on cutting off the hand.

00:10:53--> 00:11:11

If you have videotape videotape, in, in my opinion, in the opinion of the sheoak I've sat under which I have said under some serious issue when it comes to people ginette videotape equals one witnesses. If you have four videotapes, then you can consider that for witnesses, because the videotape is just through one lens.

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

One set of eyes

00:11:16--> 00:11:23

for people can witness it. But at the same time videotapes are not 100% certain they can be doctored.

00:11:24--> 00:11:28

There can be some reasonable doubt. videotape could have been doctored.

00:11:30--> 00:11:31

Hollywood does it all the time.

00:11:35--> 00:11:36

Could they be punished?

00:11:38--> 00:11:48

The man and the woman they could receive some punishment? Sure, that's a zero punishment is up to the party. But I don't think that should be on the table in that instance, and that instance, especially if they deny it,

00:11:49--> 00:11:53

if they both deny it, and there's only one witness, which is the videotape.

00:11:54--> 00:11:57

I don't think that's death that should be on the table. Yes.

00:12:02--> 00:12:04

Well, if there's four witnesses, you don't need to tape.

00:12:06--> 00:12:07

You don't need to take

00:12:13--> 00:12:35

you would have a difference of opinion. And scholars would debate over this and come up with different opinions about it. I personally don't think it's enough, because you're taking a life, that you understand what I'm saying. And most judges, most judges would rule on the side of err, err on the side of caution. Because the Prophet alayhi salatu salam and Omar said this very well as well, I would rather let a criminal go.

00:12:37--> 00:13:10

Because he has convinced me to his opinion, then punish one innocent person, I would rather let a criminal goal every single day, then punish one innocent person. So this is the stance that Australia must take, that I would rather let the criminal go. Because he's not getting away with anything, Allah will deal with it. But I would rather let him go or her go than to punish an innocent person. Because if I punish an innocent person, now I'm the one that has a stand in front of a loan, but the adjustment for that that's why the most honored and revered position in Islam is the position of a party. It's one of the most honored and revered positions the positions of a judge

00:13:10--> 00:13:12

because he has life and death in his hands.

00:13:22--> 00:13:23


00:13:25--> 00:13:46

you can it has happens. It has happened. And there is some leniency given for the for the for the for the for the killer in that instance, because it could be considered a crime of of it isn't. There's no really a crime of passion in Islam. There's no crime of passion in the city, it would be a crime of insanity, when the person's not thinking correctly anymore.

00:13:48--> 00:14:03

But but they're not gonna either. It can't be a punishment, because the husband is one. But there is some schools of thought. There's some schools of thought they say a husband's witness upon his wife, if he takes an oath four times can can can work. It's just not my opinion, I lean towards

00:14:05--> 00:14:06

your system.

00:14:07--> 00:14:07


00:14:09--> 00:14:42

Can the witness be under the age of puberty? Not for this not for a capital crime punishment, according to most of the scholars can be and it has to be for male witnesses, or two female witnesses to equal one witness. So if there was only a woman who's seen it would need to be eight. need to be eight. Okay, let's let's go forward because we can go on and on and go into a deep discussion about that. And that's just something I like to do. But this is not the context of this. What about the the the crime of theft? Is theft a crime in Islam?

00:14:44--> 00:14:46

Yeah, it's a crime in Islam. What is the penalty?

00:14:48--> 00:14:51

Cutting off the hand? Is that true in every case?

00:14:52--> 00:14:59

No. You see, this is the story. That's not told that's not true in every case. It's not true in every case. There are so many deciding factors.

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

Before a person loses their hand, the first one is that they must steal What? above the nisab. Above this specific amount, it must be value. You can't steal a pack of gum, or pair of tennis shoes. Well, I don't know, there's some tennis shoes today that will probably reach above than Islam. But

00:15:19--> 00:15:25

you can steal something trivial and lose your hand over it, because not worth your hand. It must be above then he saw.

00:15:27--> 00:15:40

Also, there must be some forethought behind it, it must be a crime of premeditation or a crime that has some criminal element behind it. For instance, if I leave my watch on a table, and someone comes and picks it up, is that stealing?

00:15:41--> 00:16:21

Yes, but will they lose their hand for it? No, because I'm part of the responsible party, I left my watch there, I am tied to the individual with that, you know, I mean, I left it there part I share part of the blame. So they wouldn't know if that person breaks into my home and steals that same watch, and that watches expensive about the nisab, then they lose the hand and they deserve to. So there must be deciding factors in that instance. And the goal of that penalty is not so that the person loses their hand and they don't steal again. It's so that I don't have to worry about my property. You get what I'm saying? It's so that I don't it's protection of property. Do you know how

00:16:21--> 00:16:23

much Americans spend on security?

00:16:25--> 00:16:54

It's astronomical. It's in the hundreds of billions of dollars that is spent on security securing property. And guess what? Doesn't work? Doesn't work. Fifth in America is higher than almost every other country in the world. So there's something wrong, something wrong with that system, the system doesn't work. Because the thieves are not punished properly, get a slap on the wrist for most cases, or they go to jail, and learn how to be a better criminal when they get out.

00:16:56--> 00:17:17

Now you go to a place where the hand will be taken off. And I'm not saying there's any land where Sharia is practiced properly. But you go to a place where you lose your hand. Like for instance, any of you been to Saudi men to the domain Mecca and Medina, those shopkeepers who sell the the rings and stuff on the kiosks, when it's time for Salah, what do they do, even to this day,

00:17:19--> 00:17:21

they put a cloth over it, and they go pray,

00:17:22--> 00:17:52

nobody's gonna steal anything. Why? Because you will lose your hand over it. And if you're in Medina, they don't have to take you very far, because the *ty accord is right next to my shirt, and I don't have to take you very far, you will lose your hand. So the deterrence is there, the deterrence is there. And you know, how many cases of recidivism anyone knows recidivism is, means the person repeating the same crime? Do you know what the cases of recidivism statistics of percentage of recidivism is for theft in a country where they will lose your hand for it?

00:17:53--> 00:18:29

It's almost non existent, probably zero point something. Because when you lose a hand, it really affects you. You think about that next time. Because I only have two hands and two feet. And if you lose your hand, the next time you see you're gonna lose a foot, and you will look very awkward missing one handle inside one foot on the other. So you think about that, if you think about going back to jail, most of our prisons in America are like, better than some hotels will stay in. I've stayed in hotels that are worse than most of our prisons. Some people will commit a crime just to get off the streets, I would rather take the chance of robbing this bank and getting away with it,

00:18:30--> 00:19:04

then sleep in that cardboard box behind the 711 every day, at least if I get arrested, I'm going to go to a federal penitentiary, which is better than most hotels in America. So our justice system is broken. So when someone wants to criticize the Islamic justice system, then there is a bunch of fingers pointing back at them. But this won't be told, because whose responsibility is it to tell the story? It's our responsibility. It's not Peter kings responsibility. It's not any congressman or senator or Congress woman's responsibility. It's our job. But we don't know it. We don't understand it. Therefore, we cannot give that will properly. Okay.

00:19:05--> 00:19:09

So that is how we implement a model for an animal called the Sharia.

00:19:10--> 00:19:22

And if any Muslim, were to say, they did not want to live under Sharia, and I'm going to, I'm telling you, they're doing these things on purposes. They're sending out polls about whether you would like to live in a Sharia or not for a reason.

00:19:24--> 00:19:59

I would rather you keep your mouth shut than say some of the things that I've heard been said. Because any Muslim who says they would not like to live under Sharia, they have just made a statement that exited them out of their entire religion. They left Islam, their religion is gone. They have to renew their Shahada, if they did it knowingly, because you're saying that you don't want the rule of law. You don't wish to live under the laws of Allah, you're not a Muslim. So be careful. Just declined to say, I declined. You have the right called the freedom of speech in America which includes the freedom to keep my mouth shut. So exercising sometimes

00:20:00--> 00:20:04

Probably the best thing to do in those situations. All right now a law says there must be