THE IMPORTANCE OF THE SHARIAH”

“THE IMPORTANCE OF THE SHARIAH”

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]

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]

-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

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)]

-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]

-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)

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)

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)

“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)]

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