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How Sharia punishments can change with the age - Mufti Abu Layth Al-Maliki

hadeeth ahadith ahaadeeth hadis hadees ahaadith tafsir tafseer exegesis tafasir tafaseer imaam imams prayer leader kaaba ka'bah kaabah shari'ah shariat sharee'ah maaliki malikite malikiyyah maliki school fatwah fatawa fatwaa fataawa legal opinion muftis hukm ahkam hukam ahkaam mubah mubaah dalil daleel adillah adilla proof jahannam jahanam jahannum as-salaf salaf al-salih salaf us-salih al-salaf early generations hijrah hijra hijrat migration khalifah khalifa khulafa khilafah khilafat caliphate khilafa makkah mekka madinah madina al-madinah madeenah yathrib andalusia moorish spain 'alim aalim ulema ulamaa umma ummat community inshallah insha'allah in shaa allah insha allah inshaa allah alhamdulillah alhamdulilah al-hamdu lillah alhumdulillah alhamdulillaah tawbah tawba tauba taubah deen al-din ad-deen ad-din

video · 38:31 · 8,100 views · 4 Feb 2018 · Open on YouTube

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Transcript

machineauto-transcribed, may contain errors · source: youtube auto · click a time to seek · dotted terms open the glossary
0:00

so anyway in this clip I highlighted that that laws do change and scholars have argued this and I bring about and a scholar from the eighth century I think in the clip I accidentally said seventh century but I do follow up by saying in the 700s 700 Hijri calendar islamic calendar and he lived from the mid 700 into the 800s mid-late seven hundreds into the 800 and he's from the eighth century of Islam Islamic calendar his name was Abu Qasim albertalli and he was an amazing scholar of his time

0:37

he was amongst the the Maliki allama and he was called also Scheffel Islam in his time so he was a great scholar now he can't gave a ruling saying that the the penal code the punishments in Islam need to be substituted in his age and he said they should be substituted with financial punishment financial penalties and this is guys those of you right don't worry about it unless somebody is actually trolling don't worry buddy don't worry about in

1:15

sha Allah just just shallow chill out with all the unless somebody is trolling and then that's great you can let me know and I'll block them otherwise don't let's not get let's not digress so those of you just tuned in if you can share the feed so other people can benefit if you have any questions feel free to post them below now I'm just currently explaining why some people are upset with a recent video I did explain highlighting that laws would change with the deign age in line with ethical developments now are similarly

1:53

highlights that in his day and age the hadith which today characterized the Sharia and the Sharia characterizes Islam so today to all non-muslims and even many Muslims unfortunately Islam simply means Sharia which simply means the punishment code which is like stoning people to death which wasn't even introduced by Islam it was from the Judaic laws but anyway cutting off the hands of the thief doing things like this lashing people this is what they think Islam is all about now these laws right generally in the world like okay put this religion aside

2:30

generally are considered like medieval generally like if you just said you're not speaking about religion but you said hey some people in I don't know some remote region somewhere stoned somebody to death that seen as a very medieval barbaric treatment so the question is wait a minute this is in the Islamic tradition does this change with the age so the customer brutally had highlighted in his day and age it's almost 700 years ago that this would change okay now some

3:09

people got very upset that I quoted a precedent because that gives strength to this argument I also highlighted that by the way the humbly method has a very strong position in it which has been deemed by ignor Hodja as the apparent position of the humbly method is that all punishments in Islam are dropped by simple repentance and they base that on a hadith which is in the most of the vapid with the Prophet said about somebody that was to be punished that halat's are optimal if only you let him

3:48

go for - before - below Ali that he may repent so Allah may repent to him turn to him now so if all punishments can be dropped by simply repenting and that's one of the mainstream schools of law within from the four mainstream schools of law within Islam then what difference does it make if they substituted like it's not so much of a big deal anymore like but because right this came as a shock and firstly most of these people had never even heard of

4:26

rosalie so all of a sudden now that they've heard of him they've become experts on him what is hilarious is before I mention him nobody seems to even know you know it's like I was getting trolled on this it's very disappointing but on this whatsapp group by scholars who are not trolled but they were really just obsessed about me and trying to criticize me heavily and they they were trying to speak of different positions and then this discussion came up about a

5:04

particular opinion which is a minority opinion now they didn't even know that it existed so they said all that's known that nobody has ever said something so actually this was about does the Hellfire is the eternality of the Hellfire so I mentioned that there's actually a difference of opinion on that and even a tiny I believe it or not actually held that view and if not am surely held that view and it's actually transmitted from some of the sellers now the people first of all said that there's no such views this you're making it all up out of thin air I said well actually I'm not and then I show them

5:42

certain things they then they then within the hour now or refuting me and our experts on this topic and I think well hmm well first of all you didn't even know that these views existed until I just told you and now within a few minutes you've become the expert on this on this topic so now it's okay now let's let's I've blocked I've blocked that person that's fine right so now let's get back step back backtrack slightly to this discussion so Imam Buddha's only

6:20

had highlighted that and now people got upset so what they said there's been some allegations that Oh Imam Basel II never even said that he said you're lying you misrepresenting him he said Oh this is if you can't establish anything to do with Islam like you're in a region where there is no ruler there is no government there is no governance then hey rather than letting things just go right rather than letting letting rules

6:58

and rights just go to waste why not just take financial penalties from people so they thought what they're trying to say is what they're trying to say is that what they're trying to say is that an outcome to this Iqbal I'll come to this but if you don't if you don't kind of troll please and I am drinking with my right hand so just Kadeem you do that again you're gonna get blasted back into oblivion so behave

7:35

yourself right now salts see like you make me lose my my train of thought here right now so what they're saying coming back to it is that I'm misrepresenting Imam al-ghazali that Imam brutally never said that he said that this is only in dire circumstances where there is no kind of Islam that is manifest like it's just weak and there's

8:13

no government there's no laws it's a lawless territory this is what they so this is what they said that Imam Basel II had apparently said and I am lying to people right now keeping in mind that they didn't even know that who bacilli probably was or who he if that even had this opinion prior to me highlighting it which i have known about this opinion and been researching it for years so they've come across this within a few days they've now become the experts on this and they've told me that I've kind of

8:57

right so they've now become the experts on this okay now so I was going to highlight for you first of all so let me just bring up some of these right heresies of a boule all right I'll come back to some of these that Jesus may not return and the food the punishments in Islam should be replaced he says that in a ballades distortion of I have blocked

9:36

those people I've blocked Osby ovulates distortion of Alborz Ollie's view on her dude a recent claim has been made on imam musa Lee's view on her dude I will cast him alberto leo is sometimes referred to as apple father personally but about cozumel Buzzelli of north africa blah blah blah right let's just get to he dictated a fatwa to his students on the subject so the Hmong are then shared amongst the ulama an 11th century scholar further elaborates on this blah blah blah I'll also his view was that in

10:14

places where the ruler has no power to enforce head punishments on criminals but is able to impose monetary penalties rather than leave such crimes unpunished it would be permissible for him to resort to imposing monetary penalties this is about the desert dwellers the Bedouins of Africa and the lands distant from civilization so this is what they're saying albertalli was actually saying this is the claim yeah the evil Buddha he was advocating or Abu layth

10:51

claims why did he limit his discussion right so anyway right now let's write so if anybody's trolling I will be blocking them so let's take a look at this right here this is obviously it's backwards because the camera is reversed those of you that have just tuned in in Charlotte like click Change shall I get this out there

11:29

let other people benefit and if you have any questions post them and I'll get to them so this is a nozzle which are like Fatah witha that occur with the day and age that's what they called this is known as nozzle LGD that will Cooper all by you have this by chef Matt deal was any right now this is also known as a yellow jade eat ok so while my arrow jadeed because this this water by the

12:05

way who he was passed away less than a century ago so in the early 1900's he passes away but was an amazing legendary scholar of his time and was seen as one of the major kind of maliki in cycling encyclopedia of his time lived in the mother hip so Marty L was Ernie Ibiza right now he and he is from my teachers teacher so and some of my s I need go through him in fifth and these other things but anyway that's a different

12:44

discussion now several centuries ago in the eighth go to as the end of the eighth century in Islam so we're talking about six seven hundred years ago in Islam there was a North African scholar by the name of one sherry see who wrote a book called almería the kind of standard and in this area he compiles fatah wa that are contemporary crises and he puts them together of scholars from three he says el mayoral MRIB in

13:22

Fatah wa allama and the loose wall Afriqiyah wall mothering so from the scholars of al-andalus Muslim Spain and from the scholars of from the scholars of Africa and Africa then was heavily referred to as what is modern-day Tunisia and Ana mother in northwest Africa so now this one Charisse II wrote that book and I do have that updating it's it's in about twelve different volumes it's it's published ten I mean it could be depending on which publication you can get it in anything between a two depending on the edition

14:01

now so al-muharib was was issued now that was awesome because it preserved several texts and articles which were written by scholars and may have been lost to just the vicissitudes of fate if it wasn't for him putting them into his book so his book kind of preserved several articles now because he they're dealing with contemporary issues with seeing a lot of the version of modern for their age mindset now that was brilliant because it was up to his age

14:39

which is about six hundred years ago over six hundred years ago but what about after that because Muslim Spain collapses and all of these and times change again so along comes CV or share a Barossa and Medea was earning and he compiles all mirage' deed the new standard and in this which is also in print this this edition has twelve volumes but other people can I mean other editions may vary now in this he compiles those four tower those rulings that were issued from one charisse's

15:18

time after his time up until was Annie's age which is just almost a century ago so we've once again got he's kind kind of like bridges that gap so it's awesome right so this is an incredible encyclopedia on contemporary day to day issues that people were facing in that part of the world which is North West and North Africa okay Muslims and how scholars were dealing with them right now so in here see CDL was a neo shekel was a me brings

15:55

this whole discussion of an imam al-ghazali those of you who've just tuned in if you click like and if you can share the link get it out they let other people benefit in charlotte so here's a whole discussion which spans several pages and it's not to say that he necessarily agrees wholeheartedly I'm not saying he necessarily agrees wholeheartedly with what Boozle is saying however he does bring the entire discussion and just to

16:31

show you I wanna just to kind of bring this to your attention now just to give you an idea right so this is right going to here so you've got almost from page I mean there's this some kind of an intro like some discussions leading into it but

17:09

almost from page 204 going all the way to page you've got like you've got all of these pages in in the middle here all of these going right up until page 237 he's just discussing this right so this is what he's actually kind of discussing in in all of these pages right now

17:54

and right so just to kind of like clarify now in here he's bringing that is it permissible first of all there's this rich discussion on our are we allowed to take the money of people now this is an important discussion because in the past you see now this is ironic because in the past the way ethics viewed things people's property was more valuable than the Coopers than their body so in the past people would for example they may go out on a war or an

18:33

expedition or they've come back they've lost a limb but hey I've I've got a a goblet made out of gold I'll hamdulillah like this is and this wasn't just Muslims this was a mindset throughout the world that people's property was like such a and I don't mean my property actual land but their actual belongings was so precious to them that can it be can the sanctity of that be violated so they he has this huge discussion showing that that that whether that can or can't

19:09

and the Maliki kind of scholars who have argued for or against over the time but I don't want to go into all of that what I want to highlight is where he speaks about Imam Ghazali now so on page 210 he highlights that that he brings this whole discussion that tactical in a sea a cobia Mecca dreamer at the terminal for the statement going back to the Salaf abdullah going back to home ribbon abdul aziz the who was the ruler of his time the caliph of his time who said in

19:46

medina he that he stated that the laws will continue to change as people continue to change with what they create as mischief or doings now based on this he says that man after through ho mean alphabet evil man were after be Chavez eheh above Qasim Albers so well Cozumel Buzzelli says you can punish people through taking their financial by taking their finances now he then brings a poem which is known as the laminal Farsi but he follows this up right now but with the words of the scholar

20:25

audio lady who has a commentary on that poem and he says woman after be he'll bore zuly mala la hypnagogia Bernal op de so I'm no actor and if not a Jew are like contemporaries and slightly junior to albertalli and they they support him in this position what God katha Baba he less salt on and they write have written with his with his ruling to the ruler of the time mola I'm a diploma Hamid a Sharif a

21:01

Susie what one as along be worthy Cebu table at the heel EFA's so once this is this ruler before he takes any way and he says wah ha salut who the summary is unknown or or them by fat well Bursley and that he is pleased with this photo of Bruce Lee and then he mentions an Albert zuly Wakata Luminara Tinley Bob the Ali wok-te be mastery Amiri a three he that he mentions that contemporaries have highlighted how poorly debated this

21:38

point before the king of his time now tell me how can Bruce Lee won't issue this fatwa for when there are no governments and this lawlessness and but he's debating it before the king trying to convince the king of his time and he says hats a column on arthur ooh-hoo right so he says and he debate with somebody who disagrees with him and then he mentions for Amal Amir and I Poli he right now this the Emir had taken the position of Bruce Lee then he mentions

22:17

he took the position afterwards of this other person who kind of who his name is Eve neshama he opposes he's a Malachy as well opposes Busoni facade on us and then people flipped le tomatillo doodle bad Ania for going back to those her dude that they people there was chaos and he says were Catherine hold that there was huge chaos because of that was shut up frantic Allah Allah : bores Uli then he went back to buzu Lee's opinion who is this this is the king okay now then he mentions look what could eat dosa I fell

22:57

: fatty Musa al was any right now sorry I just wanted because there's so much to quote but I just want to mention key points right that kind of show what is going on right so just to to highlight because there was so much here there is also a point where he you have scholars like Alborz Uli ah sorry like sitting mayara you have even was any

23:36

highlighting that look you can't deny that what bully is speaking about so he they mentioned he has the colonel boozell Athena Vasily he and even Rafa I know can you say hello Iraqis and they say that bully quotes other scholars preceding him trying to show how they believe that you could violate the the financial sanctity of people based on reason so this is how he's and the whole discussion really is to do with s metal m1 the sanctity of wealth and you can't kind of violate that that was the that

24:15

was the core issue of their time now check this out now waha Saluja in the home an undercover table mat so obviously some scholars disagree and they Allah and not Helena check this is City Mahara highlighting and McCallum albertalli ma fruit on the Kalama parsley is to do with my Abu doodle Imam what a mikuni even a comet an adult this is in the presence of an imam and his capacity to establish a dude

24:55

well a general a camel usnea Allah Allah Allah Allah her that this is based on the presence of an imam who is fully capable of establishing that the older or the whether you want to say the original rulings of the sharia then see the mayara disagrees himself and says that no militia Carnell or dual on her that doing this I feel he feels is changing the Shelly and that shouldn't be acceptable according to him now then al was Annie's highlighting Ummah in the admin Imam or admit a McCune mean F

25:34

comma tail Pro dude wa alikum allah awj Lena he says as to if you had no Imam or you had lawlessness for wallah olam this is obviously this is more deserving mineral a man who Atmos serger and so on and he goes on he goes on to say that that's obvious you know that he also mentions the cool - this is silly yuuka kazami saying Kaddish had leisure was a comfortable man hadith often feel that maybe this hadith supports what bore Julia said about violating people's

26:14

finances that man watch that is a hadith of Prophet during warfare that non-budget - sorry of mum budget - movie acidify harem el-medina for Hadassah lava if you saw anybody sorry not rude warfare if you saw anybody violating the sanctity of Medina the sanctuary of Medina what by hunting because they're not allowed to hunt then whatever they have you can snatch it and confiscate it so this is showing that this is also an evidence okay now

26:47

he goes on to now he then quotes also CV al-arabi al fasi now see the al arabi al fasi is also very passionate about Abu Dhabi's fatwa but he does have the caveat he does have the stipulation in saying that oh this should be with his lawless not lawlessness but a weakness in Islam like we can't establish the older rulings then we definitely should stick with Bordelaise fatwa he also highlights this is also him who's arguing for this but with that stipulation he says Allah and

27:26

nicolamawdsley mother udon noodle Imam what's amakuni him in otamatone do the Sharia why Kamisha Ya Allah Asli huh same thing he's quoting it again that he says except his position is he's reinforcing this is with an imam who is fully capable of enforcing the sharia now he says that this then he says that so if that's his position bruseles position and first he see the other al arabiya farsi comes a century or two after he's so he's after

28:04

albertalli he says that he says one Mateusz sorry well Muji's little roberta bill Malfi must allah to him those like boots Uli and even after Jo and Hitler after that those people who said that you can do it like that the javi Alma's Allah in our opinion where we're saying that ok you can do it with is a weakness in establishing Islam min Bobby hola AHA that they should definitely agree with us because they're saying you can change the Sharia punishment codes anyway we're saying at least you can change it when Islam is

28:42

weak so he goes on to highlight his his position so people you can see and this discussion and carries on for pages and pages it carries only carries on now is quoting other scholars other discussions that way you can take wealth and stuff like this now they keep going back to the point of home ribbon Abdul Aziz the totally nasty shock dear makka dreamer artisanal food that rules will always continue to change once again he this is a serial was Annie he

29:22

says were cut the edge of the edge Warburton Mansu belly chef Amy Gephart even Inasa a devotee and that's obviously an old one a weapon after fihi BJ was a habitable man he says that that he shows that I've seen an old he says I've seen a fat one evening nurse or a devotee is classic girl almost from you know almost a thousand years ago where he also stipple gives the but whether you can fight not to change the hood but you can violate financial kind of the wealth of people based on as a punishment and then L was then he goes

30:01

on to say rocket can as a man who's a man a hodge or fittin were to assume men al kaba ill and his time was obviously went through a lot of civil unrest for insects ah hotness little Java Leahy then he says if this is valid for him it's because obviously you couldn't establish that kind of lawfulness in their time and then he mentions moon Inara atta boy atta other al hakam Bavaria comma Pisa mannina hatha as is our day and age you can't kind of establish this either well I'm Michele about possible booze

30:39

early check this out people he says what am i a broke-ass Amell bully as to Bruce Lee out a job abhi chihuaha he has said this was permissible an elite lock unrestricted unrestricted this is so this now and then he says look he says he disagrees with Bruce Lee and I'm not saying he agrees with him although he accepts if there was lawlessness and stuff like

31:16

this but at least he's being honest he's being honest in what buzu lee has said and he says what color at the nasa alleged Alec wah have taken be red right and then check this out he says and I feel he deserved that refutation of not people saying oh he's lying and being personal against him but people refusing to accept so some people refuse to accept that ruling of his and said that the Sharia can change with the day and age and he says that look Allah and now Adela Lilja worse be Adil letting Yukino aged arab arabe her

31:53

feature was he hung out a little hukum berating her except for Julie uses certain Fattah wa somebody's asking from Serafino on Maliki in method which he says you can definitely use for in situations of lawlessness this is page 2 to 5 volume 10 of the nozzle algid either by serial was earning right now and then he says that you know if you want we've kind of gone over this so many times here and then he also says now look well yelling someone shares Alberto Leal

32:33

cold who nobility Wiseman Bobby Ola so what we're saying usually would definitely agree with it member be a lights more deserving that he would agree with it so and then he carries on this debate hasn't even ended yet it carries on it carries on like I mentioned and he's quoting chef mayara again and he's doing this now the reason I've brought all of that up is to show look I mean to what this allegation oh I've made this up that first of all I made up this color or saying things which he never said then okay they

33:13

because they found some things he said they they couldn't deny that he said it but Oh Buzzelli was talking about when there was lawlessness and there was this no he wasn't sitting mayara was in transparent share was Ernie was being transparent these people were just being honest shares a lot of real fast he was being transparent these people who followed him which has been transferred look they even disagreed with him they even disagree somebody asking about where I've studied just check my bio in in facebook in the About section I've

33:50

covered it so many times now so what's happening is look let's be honest about things let's be objective look I know it hurts you that these opinions have existed because it challenges your perspective of Islam but so what you don't have to accept what he's saying but don't lie like you what you're trying to do is you're trying to say I'm lying about him and oh I've misunderstood him I haven't misunderstood him yes

34:27

do I look do I accept that some people may try to attribute that to him in trying to say all right try to justify that no I'm sure he may have meant it like this I accept that why would they do that some people may do that because he was such a great scholar he was called Scheffel Islam in his time now you see to them it may bother them and it because it disagrees with their views therefore they would they would give an interpretation to it oh I don't know if you really meant it like that maybe he meant it like this and I can I get that some people may

35:06

have done that but these people have been very transparent chef was any chef Al Arabiya Farsi chef CD mayara they okay chef a lot of real Farsi and was any at least except with some caveats the whole discussion they say in situations of lawlessness but all three disagree with booze early in his absolute unrestricted nature of changing the who dude but they at least honest in saying this is what he said it's Alan o'clock he said it generally if not a Jew who was amazing and amazing scholar of his time and like

35:44

slightly junior to albertalli and he has a summary of borderless photo as well he completely agrees with him every local that completely agrees with him this was adopted by the king of the time this was also adopted by the Tunisian king of his time who in front of whom albertalli debates this issue with it neshama so I just wanted to highlight that look I haven't been misrepresenting al imam al-ghazali i've just been saying that this is now another point that is raised here is oh

36:23

but what if brutally meant this for different reasons we know he's saying it should change in his damage but is he saying it because of the ethics well look he's saying it very clearly that in this day and age it should change now you can any like you just simply trying to get into his mind and and you have the right to do that you can get into his mind and you can get into his mind and you can kind of try to say well I think he's doing this but that's simply

36:59

your subjective position right you are obviously superimposing something upon him because it doesn't settle well with your worldview I get that but that's not the way that you know that's not being objective that's not being independent or critical or being analytic that's just being very biased so I just wanted to highlight that because it's important that there were a lot of people trying to discredit what I had what I had kind of said in my video clip and they were saying that you see it doesn't bother me

37:36

that they discredit me as in they disagree with me or they refute me or they do things but they were trying to say that I'm lying in what bully is saying that I have no precedent in this and that is not true I do have precedent and mammal bully and even a Hojo and even octa and all these people were of that opinion so and there were a lot of people that asked me this they message me privately they sent me the link so there you go that gives that kind of response now so I want to finish that over there Nast I

38:13

will in time do a a detailed video on trajectory hermeneutics okay how the laws change with time but before so just finishing the Imam was early discussion but just touching up on trajectory

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Mufti Abu Layth Archive, auto-transcribed, may contain errors. https://muftiabulayth.org/r/ahghrsm_h0g/ (accessed 1 November 2026)

APA 7
Mufti Abu Layth. (2018, February 4). How Sharia punishments can change with the age - Mufti Abu Layth Al-Maliki [Video, auto-transcribed, may contain errors]. Mufti Abu Layth Archive. Retrieved November 1, 2026, from https://muftiabulayth.org/r/ahghrsm_h0g/
Chicago author-date
Mufti Abu Layth. 2018. "How Sharia punishments can change with the age - Mufti Abu Layth Al-Maliki." Video, auto-transcribed, may contain errors. Mufti Abu Layth Archive. Recorded February 4, 2018. Accessed November 1, 2026. https://muftiabulayth.org/r/ahghrsm_h0g/
BibTeX
@misc{abulayth-ahGhRsM-H0g,
  author = {Mufti Abu Layth},
  title = {{How Sharia punishments can change with the age - Mufti Abu Layth Al-Maliki}},
  year = {2018},
  month = {2},
  date = {2018-02-04},
  howpublished = {\url{https://muftiabulayth.org/r/ahghrsm_h0g/}},
  url = {https://muftiabulayth.org/r/ahghrsm_h0g/},
  organization = {Mufti Abu Layth Archive},
  urldate = {2026-11-01},
  note = {Auto-transcribed, may contain errors}
}