by
SHAIKH ABDULLAH FAISAL
23 SHABAAN 1434
/ 02 JULY 2013 (evening)
Notes: AT8 /
Edit: Z & Abuhafiza4
After
exposing Project Ibis - The Satanization Program, it is worthy of covering the
Importance of Shariah
- This is
because everything the SHARIA stands for, the project of Iblis opposes.
THE ISLAMIC
SHARIA means THE ISLAMIC LAW THAT GOVERNS THE INDIVIDUAL AND THE SOCIETY
- The SHARIA
is derived from QURAN & from SUNNAH.
- It is also
derived from QIYAAS and from IJMAA
Note: Please
refer to Shaikh's dars on APPLICATION OF REVELATION
-to study
where the Islamic Sharia is derived from
WHERE IS THE
SHARIA DERIVED?
The ISLAMIC
SHARIA COMES FROM THE FOLLOWING:
SOURCE # 1 -
QURAN
Application
of the revelation
http://authentictauheed.blogspot.co.uk/2013/06/the-application-of-revelation-5-ahkam.html
SOURCE # 2 -
SUNNAH
SOURCE # 3 -
IJMAA
- Ijmaa means Consensus (that is everyone agrees to the matter)
Ex. Allah
said give 50 lashes to the slave girl who commits Zina,
-He did not specify the number for slave boys; in this case the Scholars used Qiyaas
SOURCE # 4 - QIYAAS
Qiyaas means Analogy - to use one situation to judge the other
Allah said
give 50 lashes to the slave girl who commits Zina,
-He did not specify the number for slave boys; in this case the Scholars used Qiyaas
The first
Creation to use Qiyaas were the Angels
- Because when Allah said I AM ABOUT TO CREATE MAN, the Angels asked,
- will YOU
put on Earth those who spread mischief and shed blood
And
(remember) when your Lord said to the angels: "Verily, I am going to place
(mankind) generations after generations on earth." They said: "Will
You place therein those who will make mischief therein and shed blood, - while
we glorify You with praises and thanks (Exalted be You above all that they
associate with You as partners) and sanctify You." He (Allāh) said:
"I know that which you do not know." (Al-Baqarah 2:30)
SOURCE # 5 -
IJTIHAAD
- The door of Ijtihaad is open until the DAY of JUDGMENT
Ijtihaad
means INDEPENDENT JUDGEMENT
Some
companions of Mu'adh ibn Jabal said: 'When the Apostle of Allah (SAW) intended
to send Mu'adh ibn Jabal to the Yemen, he asked: "How will you judge when
the occasion of deciding a case arises?" He replied: 'I shall judge in
accordance with Allah's Book.' He asked: "(What will you do) if you do not
find any guidance in Allah's Book?" He replied: '(I shall act) in
accordance with the Sunnah of the Apostle of Allah (pbuh).' He asked:
"(What will you do) if you do not find any guidance in the Sunnah of the
Apostle of Allah (pbuh) and in Allah's Book?" He replied: 'I shall do my
best to form an opinion and I shall spare no effort.' The Apostle of Allah (SAW)
then patted him on the chest and said: "Praise be to Allah Who has helped
the messenger of the Apostle of Allah to find something which pleases the
Apostle of Allah."'
[Sunan Abu Dawood (3/303) No. 3592]
[Sunan Abu Dawood (3/303) No. 3592]
When the
Scholars cannot find an answer in the Quran and Sunnah,
-they are
forced to use their independent judgment to establish SHARIA
SOURCE # 6 -
MASLAHA
- Maslaha means PUBLIC INTEREST
Ex. Traffic
Lights are a part of Islamic Sharia, it’s called Maslaha.
-The Qadi can
sentence you if you break a red light,
-causing harm
to other people
SOURCE # 7 -
ISTISHAAB
Istishaab means a LEGAL PRESUMPTION
Therefore if
a woman goes to the court and tells the Qadi
-that she has
not heard from her husband since he left for Syria,
-the Qadi
will say to her, Your husband is alive unless
-there is
hard evidence brought forward to prove he is dead
Ex. Everyman
is INNOCENT until proven GUILTY
In case a
women moves on if the husband disappears,
-she will
stay with the second husband if he shows up again claiming his right over her.
-this
happened in the time of the Caliphate of Umar. The ruling helps in damage
control
SOURCE # 8 -
ISTIHSAAN
-Istihsaan means for the Qadi in the Sharia court to use his DISCRETION
- Imam
Shaf'ii opposed this vigorously, and condemned it in his book
- We say to
Imam Shaf'i, The holy prophet said follow my Sunnah, and the Sunnah of my Rightly Guided Caliphs.
- Umar who was a rightly guided caliph used
Istihsaan, when there was a famine in the Muslim land.
- He froze
the punishment of Chopping Off the Hand of the Thief, during the Famine.
Those of
you who survive will see many discords. Beware; refrain from innovations in
religion, for that is error. So, he of you who encounters that must adhere to
my Sunnah and the Sunnah of the rightly guided caliphs. All of you should hold
that firmly with your teeth.” [Tirmidhi 2685, Ahmed 17145, Abu Dawud 4607, Ibn
Majah 42]
Ex. The
Prophet said, 'Do no let anyone else except your spouse sees your private parts.'
But if you
are in a Muslim country with a shortage of Female Gynecologists,
-the Qadi
will use his discretion in order
-to avoid
making the Deen a burden on the People
-and will
allow in this case a male doctor to treat females
SOURCE # 9 -
DAROORA
- Daroora means NECESSITY
Ex. A Muslim
can eat Pork to SAVE his life
Ex. If a
group of Muslims became shipwrecked and they end up killing a boy and ate him,
when the case is taken to the court house, the QADI will examine the characters
of the people, and will throw the case out of court on account of Daroora,
because the men acted out of Character due to Daroora
SOURCE # 10 -
MAFHOOM
- Mafhoom means IMPLIED MEANING
- Mafhoom
Mukhaalafa means the opposite meaning
.removal of what is injurious from the path: and modesty is the branch of
faith." [al-Bukhari (8) and Muslim (56)]
Ex. - If you
remove a harmful thing from the road, it is great barakah.
-Therefore If you put a harmful thing in the road on purpose you will gain the wrath of ALLAH
-The Scholars
say HALF of the SHARIA was established with Mafhook Mukhaalafa
“On the authority of Abu Huraira who said that
the Messenger of Allah (peace be upon him said), “Every small bone of everyone
has upon it a charitable act for everyday upon which the sun rises. Bringing
about justice between two is an act of charity. Helping a man get on his mount,
lifting him onto it or helping him put his belongings onto it, is a charitable
act. A good word is a charitable act. Every step you take toward the prayer is
a charitable act. And removing a harmful thing from the path is a charitable
act.” (Recorded in al-Bukhari and Muslim)
“And removing a harmful thing from the path is a charitable act.”
Ex. When you
go to bed with you wife, both of you get Barakah,
-because you
did intercourse in a HALAL way by marriage
- However if
you have an affair, which is the opposite, you gain the curse of ALLAH
SOURCE # 11 -
THE AMAL OF MADINA
- Amal means PRACTICES
- This is the
opinion of IMAM MALIK and his followers.
- The Amal of
Madina is HUJJAH
Ex. When the
Prophet (SAWS) recited Surah AL FATIHAH,
- the Sahabas would say AMEEN, with a reverberating sound
- today, the
Hanafis, whisper the AMEEN.
- you have to
go along with the Maliki's because the AMAL of MADINA is considered HUJJAH
(evidence)
- this is
because the first ISLAMIC KHILAFA was established in Madina
Imam
Bukhari in his Sahih in the Chapter: The Imam saying "Amin" aloud:
'Ata' said, "'Amin' is a supplication." Ibn az-Zubayr and those
behind him used to say "Amin" until the mosque reverberated. Abu
Hurayra used to call out to the Imam, "Do not let me miss the
'Amin'." Nafi' said, "Ibn 'Umar did not neglect to say it and encouraged
other people to. I heard him say good things about it." [Sahih Bukhari
(1/156)]
The AMAL of
MADINA is HUJJAH especially if they did not find any opposition from any of the
MUSLIMS
SOURCE # 12 -
QAUL SAHABI
- Qual Sahabi means the SPEECH of the SAHABAS
Yahya
related to me from Malik that he had heard...Abu Bakr as-Siddiq came and said,
"I heard the Messenger of Allah (SAW), say, 'No prophet was ever buried
except in the place where he died.' [Maliks Muwatta, Book 16, Hadith #027]
Ex. Abu Bakr
(r.a.) said a PROPHET IS BURIED WHERE HE DIES.
- The Sahaba had no other choice but to go along with what Abu Bakr said
'Umar did
not take the Jizya from the Magian infidels till 'Abdur-Rahman bin 'Auf
testified that Allah's Apostle had taken the Jizya from the Magians of Hajar.
[Sahih Bukhari, Vol 4, Book 53, Hadith #384]
The Prophet
(SAWS) died in the House of Aisha
Ex. Take
Jizya from the Magians (Fire Worshippers);
- treat them like the people of the book
- No Sahaba
opposed this verdict and therefore it is considered Hujjah
Narrated By
Jabir bin Abdullah: On the day of Khaibar, Allah's Apostle forbade the eating
of donkey meat and allowed the eating of horse meat.
[Sahih Bukhari, Vol 5, Book 59, Hadith #530]
[Sahih Bukhari, Vol 5, Book 59, Hadith #530]
-On the other
hand Ibn Abbas said it was Halal to eat donkey meat,
-but we do
not take it as Hujjah, because the other Sahaba rejected his Fatwa
-Ex. Umar
increased the punishment for drinking Alcohol form 40 lashes to 80 lashes
- because
when a person gets drunk he also begins to lie
- and is then
guilty for both drinking and lying
- The ruling
was agreed upon by all the Sahaba and is therefore used as Hujjah
Ex. Umar (ra)
changed the law (when you say “I divorce you,” 3x you are now divorced 3x)
-he was
teaching the people a lesson so you don’t joke about divorce
-the verdict
of the Sahaba is hujjah if he didn’t find opposition from another Sahaba
SOURCE # 13 -
THE URF
- The Urf is the PREDOMINANT CUSTOM OF THE PEOPLE
- The predominant
custom of the people forms the Sharia
Ex. When
shaikh was in Nigeria, the women asked for a day with Shaikh to discuss
sensitive matters.
-The Maaliki girls dont cover their feet.
-and Shaikh
being a Hanbali could not enforce his opinion on them
-because he
had to go along with the Urf of the people. They follow Maalikis fiqh
Ex. In Egypt
they have an Urf Marriage,
-i.e. you can get married by word of mouth
-and they do
not have to write anything down in writing
The Urf of
that society is that when you give your word verbally,
-it is considered a VERBAL CONTRACT.
Therefore if
you were to be taken to court for breaking your word,
-the QADI can hold you responsible for breaking the contract
SOURCE # 14 -
ACTING UPON THE LESSER OF TWO EVILS
Shaykh Ibn
Baaz (may Allaah have mercy on him) said: If it is possible for a person to
prevent a person who commits evil openly from leading the prayer, then he has
to do that; but if he has been appointed by someone else and it is not possible
to stop him leading the prayers or it is only possible to stop him by means of
a greater evil that is more harmful than the evil of the imam who commits evil
openly, then it is not permissible to ward off a lesser evil by means of a
greater one. Islam came to achieve and complete what is in people’s best
interests and to wipe out and reduce evil as much as possible.
[Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/377
[Majmoo’ Fataawa al-Shaykh Ibn Baaz, 9/377
The Prophet
(SAWS) practiced it when some of the Sahaba wanted to cut off their testicles
-in order to concentrate on JIHAD,
-instead the
Prophet (SAWS) allowed them to do MUTAH.
Ex. Car insurance is
haraam
-because the agent would keep your money if you did not have an accident
-it’s called
‘state extortions’
-however, if
you drive in the land of the white man / kaafir countries,
-they will
lock you up if you drive w/o insurance
-we’re
permitted to drive w/ the minimum insurance required
-because this
is better than being dumped in prison
-this is
‘acting upon the lesser of 2 evils’
SOURCE # 15 –
BLOCKING THE MEANS (SADD ADH - DHARAA'I)
The Prophet
(SAWS) practiced it when some of the Sahaba wanted to cut off their testicles
in order to concentrate on JIHAD, instead the Prophet (SAWS) allowed them to do
MUTAH.
-Examples of
SADD ADH - DHARAA’I
-Ex. To
prevent people from drinking and driving
-by
preventing the importation of Alcohol in the country
-Ex. Your wife
is alone at home and she does not allow you brother
-into the
house in order to block the means to a possible situation of mingling of sexes
THE ISLAMIC
SHARIA is all about PREVENTION. PREVENTION IS BETTER THAN CURE
-However, the
Kuffaar LAW is all about INTERVENTION.
-They allow
everything and then try to force new ways to control their foolishness
It was
narrated from ‘Uqbah ibn ‘Aamir that the Messenger of Allah (SAW) said: “Beware
of entering upon women.” A man from among the Ansar said: “O Messenger of
Allah, what about the brother-in-law?” He said: “The brother-in-law is death.”
[Al-Bukhari (5232) and Muslim (2172)]
[Al-Bukhari (5232) and Muslim (2172)]
-The Sharia
does not allow the free mixing of the sexes
-to avoid
proliferation of Zina in the community
Narrated
Umar ibn al-Khattab: The Prophet said, "...Whenever a man is alone with a
woman the Devil makes a third..."
[Musnad Ahmad (1/26) No. 177, Sunan Tirmidhi (4/465) No. 2165, Mustadrak al-Haakim (1/197) No. 387, Sahih Ibn Hibban (12/399) No. 5586, Nasa'i in 'Sunan al-Kubra' (5/387) No. 9219]
[Musnad Ahmad (1/26) No. 177, Sunan Tirmidhi (4/465) No. 2165, Mustadrak al-Haakim (1/197) No. 387, Sahih Ibn Hibban (12/399) No. 5586, Nasa'i in 'Sunan al-Kubra' (5/387) No. 9219]
-The Kuffaar
on the other hand, allow mixing of the sexes,
-then when
Zina becomes rife, they distribute CONDOMS
-and open
ABORTION CLINICS
-they abort
millions of bastard babies
-it’s called
to CONDOMISE the society.
-if you don’t
believe in Shariah law, you’ve become a zindeeq and apostate from Islam
-when you
call for and implement Sharia law,
-you
demonstrate that you believe in Allah’s 99 names and attributes
-one of His
names is al-Hakeem (THE ALL-WISE)
Is not Allah
the Best of judges?
(At-Tin 95:8)
(At-Tin 95:8)
Have you seen
those (hypocrites) who claim that they believe in that which has been sent down
to you, and that which was sent down before you, and they wish to go for
judgment (in their disputes) to the Taghut (false judges, etc.) while they have
been ordered to reject them. But Shaitaan (Satan) wishes to lead them far
astray.
(An-Nisa 4:60)
(An-Nisa 4:60)
When you
implement Sharia in your country or home, you are saying:
“I read Surah 95:8 and I read the Qur’an and I
believe Allah is the best of Judges and this is why I am implementing the
Sharia”
“O Allah, I am not a kaafir or a munafiqh.”
O Allah, I read Surah Nisa verse 60 and I am
implementing your Sharia”
“I’m not implementing British or French or
American law”
“Here I am, implementing your Sharia”
“I believe in your name, al-Adl (so I believe
in Surah 3:182)”
This is because of that (evil) which your
hands have sent before you. And certainly, Allāh is never unjust to (His)
slaves.
(Al Imran 3:182)
(Al Imran 3:182)
“I believe you are al-Hakim, the one and only
Judge”
“I believe you are al-Khalaaq, the One and only
Creator” – see 7:54
Indeed your
Lord is Allah, Who created the heavens and the earth in Six Days, and then He
Istawa (rose over) the Throne (really in a manner that suits His Majesty). He
brings the night as a cover over the day, seeking it rapidly, and (He created)
the sun, the moon, the stars subjected to His Command. Surely, His is the
Creation and Commandment. Blessed be Allah, the Lord of the 'Alamin (mankind,
jinns and all that exists)! (Al-A'raf 7:54)
-Ex. When you
buy a HP manual the for your labtop has to be from HP and not Dell because the computer was made by HP not from a DELL manual inside your box,
-you will
return it to the company and demand an HP manual instead
-ALLAH
is OUR MAKER and He revealed for us a manual which is the Holy Quran, therefore whoever implement man made laws shall suffer both in this world and hereafter, therefore understands
-our Natural
Instincts better than any scientists, psychologists, psychiatrists, etc.
-the
Psychiatrists are held in very high esteem in the western world
-because they
claim they understand human nature
-they are
looked at like gods
When you do not implement Sharia, you will
have total chaos and total mayhem in society.
-therefore,
you say, ‘I DO NOT WANT MAN MADE LAWS, I WANT HEAVENLY REVEALED LAWS’
His Command.
Surely, His is the Creation and Commandment. Blessed be Allah, the Lord of the
'Alamin (mankind, jinns and all that exists)! (Al-A'raf 7:54)
Lo! We did
reveal the Torah, wherein is guidance and a light, by which the prophets who
surrendered (unto Allah) judged the Jews, and the rabbis and the priests
(judged) by such of Allah's Scripture as they were bidden to observe, and
thereunto were they witnesses. So fear not mankind, but fear Me. And My
revelations for a little gain. Whoso judges not by that which Allah hath
revealed: such are disbelievers. [5:44] Pickthall
You cannot
say to a person you a Kaafir, but do not worry,
-you are a
Kaafir of a lesser degree
-this is the
Saudi Salafi Manhaj;
-they made it
up
Kufr doona kufr – means
minor kufr
-dismantling the Sharia
is major kufr (kufr Akbar)
To agree w/
the Saudi Salafis that dismantling the Sharia is minor kufr
-make you an
unbeliever
For you to
say to dismantle the Sharia is Minor Kufr,
-like the
Saudi Salafis want you to believe, you are denying the Ayah below.
-the Saudi
Salafi will tell you that ALLAH was over reacting
-to turn the
Jews into APES and SWINES when they dismantled the SHARIA
You are not
allowed to have the GREED of the Saudi Salafi and follow their dodgy ideology
Ibn
Taymiyyah (rh) said: “And it is known from the religion (of Islam) by necessity
and by the consensus of all Muslims that whoever legalizes to follow other than
the religion of Islam or a Shariah other than the Shariah of Muhammad (SAW), he
is a Kaafir. And his kufr is similar to that of the one who believes in some
part of the book (Quran) and reject some of it.” [Majmua al-Fataawa (28/524)]
Say (O
Muhammad SAW to the people of the Scripture) : "Shall I inform you of
something worse than that, regarding the recompense from Allah: those (Jews)
who incurred the Curse of Allah and His Wrath, those of whom (some) He
transformed into monkeys and swine’s, those who worshipped Taghut (false
deities); such are worse in rank (on the Day of Resurrection in the Hellfire),
and far more astray from the Right Path (in the life of this world)."
(Al-Ma'idah 5:60)
Ibn Kathir
(rh) said: “So Whosoever abandons the wise Shariah which was revealed upon
Muhammad ibn Abdullah, the seal of the prophets, and goes to other abrogated
Shariah for judgment, he becomes a Kaafir. So how about the one who goes to
al-Yaasiq (man-made law) for judgment and gives it precedence (over the Shariah
of Muhammad (SAW). Whosoever does this has become a Kaafir by the Ijma of the
Muslims.” [Al-Bidayah Wan-Nihayah, (Vol. 13, p119)]
The Saudi
Salafi are also going against the IJMAA of the UMMAH
-when they
say to Dismantle the Sharia is Minor Kufr
istihlaal = ‘to
make haram halal’
The Saudi
Salafi's say that a person who dismantles the Sharia
-must confirm
that dismantling it is HALAL
-before you
can deem them to be a KAAFIR
-they are
LYING; this is bid’aa w/ regard to aqeedah
They claim
they follow these scholars but their creed contradicts the scholars
-so they
target new reverts not born Muslims
-they are
‘freshly’ (fresh from the church, not knowing Islam)
-their
aqeedah is toxic
-they are
worse than Shiites because Shiites kufr is blatant
While
'allama al-shinqiti-may Allah be merciful with him-has said: to commit shirk
with Allah in judging is of the same meaning as to commit shirk in his worship,
there is no difference between the two in any manner. There is no difference in
any sense between he who follows a system (nizam) other than Allah’s system or
law other than Allah’s law (sharia) and he who worships an idol or prostrates
to a false god. They are the same and both are polytheists [associating others]
with Allah. (adwa' al-bayan, 7:162)
Tawheed Hakimiyyah is the
twin-half of Tawheed Ibaadah
-so going to the kaafir
courts for judgment
-you’re like the man who
bows down to idols
Saudi Salafis
say they follow bin Baaz, so let’s see what he says:
Shaikh
'Abdul-'Azeez Ibn 'Abdullah Ibn Baaz said: "There is no Eeman for the one
who believes the laws of the people and their opinions are superior to the Hukm
of Allah and His Messenger or that they are equal to it or that they resemble
it or who leaves it or replaces it with fabricated laws and institutions
invented by people, even if he believes that the laws of Allah are more
encompassing and more just."
[Wujoob Tah'keem Shari'ah Allah' (pg. 16-17)]
[Wujoob Tah'keem Shari'ah Allah' (pg. 16-17)]
We ask the
Saudi Salafi, where did he find his dodgy aqeeda from?
SOURCE # 17 – We have 6
sacred things; only Sharia can protect them
Ex. Allah’s
name is “al HAAFID,” the One who preserves
Our 6 sacred things:
LIFE
WEALTH
HONOR
AQL
LINEAGE
DEEN
**when we take life, we
preserve life**
So, we see
that Sharia is a barakah from Allah ‘taala:
And there is (a saving of) life for you in Al-Qisas (the Law of Equality in punishment), O men of understanding, that you may become Al-Muttaqun (the pious - see V.2:2). (Al-Baqarah 2:179)
Sharia chops
off the hand of the thief to protect and preserve wealth:
Cut off (from
the wrist joint) the (right) hand of the thief, male or female, as a recompense
for that which they committed, a punishment by way of example from Allah. And
Allah is All-Powerful, All-Wise. (Al-Ma'idah 5:38)
TOP 10 COUNTRIES FOR MURDER
Honduras
82.1 2010
El Salvador
66.0 2010
Cote d'Ivoire
56.9 2008
Jamaica 52.1 2010
Venezuela 49.0 2009
Belize 41.7 2010
Guatemala
41.4 2010
Saint Kitts &
Nevis 38.2 2010
Zambia 38 2008
Uganda 36 2008
Top Ten
Countries with Highest Murder Rates:
http://www.mapsofworld.com/world-top-ten/countries-with-highest-murder-rates.html
Even though Sharia is a barakah from Allah
‘taala, He s.w.t. will never give it to us unless we have taqwah because the
judges would take bribes and chop off the hands of the wrong people
Our aql is
protected by Sharia by executing drug smugglers and armed robbers
The
recompense of those who wage war against Allah and His Messenger and do
mischief in the land is only that they shall be killed or crucified or their
hands and their feet be cut off on the opposite sides, or be exiled from the
land. That is their disgrace in this world, and a great torment is theirs in
the Hereafter. (Al-Ma'idah 5:33)
Only Sharia can safeguard and protect our 6
sacred things
Only Sharia countries can protect the lives and
property of the citizens
Sharia has proven to be a success and is not
trial-and-error (it’s proven to work)
Even though Sharia is a mercy from Allah ‘taala
-we must invite people to TAWHEED before we
invite them to Sharia
Only Sharia can fight crime effectively
There is a proliferation of crimes in countries
where there is no Sharia