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When are the shari'a is going to be followed
and we (the people) ask from the government
you and the shuyukh of Azhar
will be questioned in front of Allah (for not executing it)
I feel sorry (for those who ask such question)
poor fellow
poor fellow, seriously
hastily want to execute hudud and accuse others as they please
such a poor fellow
first, where exactly do you want to follow the shari'a
I want to know where do you want to follow the shari'a exactly and we'll follow it the next day
in what?
you want to follow it in what?
let's follow it
what do you want to follow?
was it not enough that the constitution declare that this is an islamic state?
the 1923 constitution does not state so
we went to the president in the 1970 (me and the Syaikhul Azhar)
O Mr President, place the word islam to the state
He said: Under your command ya shaykh
So he went and place it in the constitution
and the islamic laws are the main source of legislation
in the old times, it was one of the sources
We say make it the primary source
He agreed
And the laws state that this is an islamic state
And the president must be a muslim
And the chief of the army must be muslim
And to follow the shari'a in all aspects of life
And any law that contradict with Islamic law must be dismiss
from the The Supreme Constitutional Court
And there are those who ask: Why didnt we stone those who commit adultery/fornication ?
Who stone those who commit adultery?
There has not been such incidince in Egypt since 1200 years ago
It is not that I do not want to conduct the law
but it is the shari'a itself that does not allow for such execution
They said how?
Astaghfirullah
How?
I said come
it needs four trustworthy witnesses that saw the act
Tell me how can we find those four witneses
Does the adultery occur in the street?
How?
Four
And so because of that there has been nobody who saw adultery in the history of Islam
There has come four witnesses at the time of Saidina Umar
who claimed to have witnessed Mughiroh ibnu Syubah commiting adultery
We are above and he was below
"You saw it?" ask Umar to the witnesses
Yes
Come the fourth, whose name is Ziyad, he said he does not saw it and the three are punished
Abu Bakar al Saqofi and two others
They ask: Why do you punish us for qazaf (wrongfully accuse Muslim of adultery)
you have accuse someone of adultery without four witnesses or qarinah (circumstantial evidence like pregnancy)
so they swear by God that they saw it
But Umar still punish them for they are only three
al Saqofi says: You punish us when all four of us saw the act but one of us take back what he said
why should I be punished?
Umar, did you not want the hudud to be executed?
because one witness may die or take back what he said
Umar said yes
Thus Assaqofi ask then what is the point of God's hudud?
Umar said: God made the law to scare you away from commiting it
Thieves were brought forward to Abu Bakar and Umar and Uthman
Do you stole? The caliphates told them to say no
The story is told by Abu Syaib
So the thieves denied their crime
Does the khalifah told them to lie? (he actually ask them to do so to prevent hudud upon them)
So does the story of Ma'iz
when he admit that he has commited adultery to the prophet of Allah
four times and the prophet denied him
The prophet ask: are you insane?
Ma'iz said no
The prophet bring Ma'iz to the public and ask; was he not insane?
They said: No o prophet of Allah, nobody is wiser than him
Hence the prophet reluctantly has to execute the punishment to Ma'iz
When the first stone hit the poor man, he ran
And the prophet told the people to let him
From this hadith, the scholars decided that it is lawful for the adulterer to take back their confession
as to avoid the punishment
I want to understand what do you want
Was the shari'a playing in your head so that you could chop of people's hand and stone people to death
was that all of shari'a?
or was the shari'a "Verily I was sent to perfected good character"
and the shari'a of prayers, paying alms, fasting AND WE DO NOT DENY THAT HUDUD IS FROM THE SHARI'A
And you must believe firmly that it is all from Allah
Saidina Umar had once cancelled the prosecution of hudud in Ramadhan
Does canceling it is denying it?
No!
He just withhold it (for a while)
At that time those who steal has the right to steal
Umar said that: In the old time, when the judge come upon a town
he will find fourty trustworthy witnesses
But at our time (Umar's time) we did not find
except two or three
At the time we are living now are there trustworthy witnesses
Where are they?
None
We are in the age of darkness
And I pray to Allah
let the president postpone hudud but when it is time for it
let it be of that of the Islamic hudud
as said by Allah and the prophet
What was the islamic hudud suppose to look like?
It's of rahmah (mercy)
It's of firmness
it is of forgiveness
Are there judges who have such characters (in our age)
And witnesses with such characters (in our age)