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Ihsaan - The Spirituality Essence Of Islam

Transcribed by Irshad Soofi Siddiqui

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Allah , Most High, says in the Holy Qur’aan in the 16th Sura, al-Nahl (The Bee), in verse 89:

And We have sent down to thee a Book explaining all things, a Guide, a Mercy, and Glad Tidings to Muslims.

Introduction and Greeting

Sura, al-Nahl, Sura 16 entitled, ‘The Bee’ and Allah , Most High, declares, ‘And we sent down the book, the Qur’aan,
which came down after the Torah, after the Gospel, on thee, O Muhammad ( s.a.w ), that this Qur’aan might explain all
things; that this Qur’aan therefore might explain the Last Age, and that with this Qur’aan we may be able to understand
the Signs Of Allah , Most High, big as billboards; which will appear in the Last Age. In this Qur’aan there is guidance,
how to live at all times, but in particular, in the Last Age. That explanation and guidance constitute rahmah (mercy)
from your Lord. For those who have the good sense and wisdom to accept it, embrace it and apply it- bushra la hum
(good news, glad tidings) for such people. They will understand what others cannot. They will succeed when others will
not.

Brother Chairman, brothers and sisters in Islam; and friends I greet you with as-salaamu alaikum wa rahmatullahi wa
barakatu. We thank Allah , Most High, who has brought us together again in my first public lecture after 1998, three
years ago. We pray to Allah, Most Kind, for His guidance, for His blessings, for His protection, as we embark upon an
effort to address the subject of al-Ihsaan, the spiritual essence of Islam. Before we tell this story, and it is a story, which
Insha Allah you will enjoy, we must make some preliminary observations.

Background

The companions were sitting talking amongst themselves, when he, the Messenger of Allah ( s.a.w ), came and he
asked, ‘What are you talking about’? They said, ‘We are talking about the signs of the Last Day’. He replied, ‘The last
day will not come until....’- and he mentioned ten signs that you should have at the tips of your fingers:

1. Dajjal, ‘the false messia’h. The Christians refer to him as the anti-Christ.
2. Gog and Magog – Yajooj and Majooj.
3. The Return of the Son of Mary, Isa , a.s - Jesus, will come back!
4. Dukhaan- Smoke
5. Daabatul Ard – More often than not when the term Ard, or ‘earth’, or ‘land’ is mentioned in the context in

which this is mentioned it refers not to any land, but to the Holy Land. So, a beast or a creature coming out of
the Holy Land.

6. The sun would rise from the West.
The three landslides or movements of the earth! The earth opening and swallowing what it swallows.

7. One in the East
8. One in the West
9. One in Arabia
10. A fire will come out of Yemen and will drive mankind to their place of assembly.

Of these ten signs the one that is, far and away, the most important, is the one the Holy Qur’aan itself refers to is the
return of Hazrath Isa, a.s

Allah , Most High, says in the Holy Qur’aan in the 31st Sura, Luqmaan, verse 34:

The knowledge of the Hour is with Allah , Most High,

When Jesus ( a.s ) comes back he comes back in fulfillment of a promise that Allah , Most High, made. This is the most
important event that remains to occur in history.  Allah, Most High, promised to send to Bani Israeel after they had
been thrown out of the Holy Land, that Allah , Most High, had given to them. Allah, Most High, promised to send a

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Prophet, known as the Messiah, who would deliver the return of the Golden Age of Solomon (Sulaiman ( a.s )).
Sulaiman ( a.s ), was the head of state of, The State of Israel. It was the ruling state in the world. He ruled the world
from Jerusalem. That was the Golden Age; and the messiah will bring back the Golden Age. When Allah, Most High,
sent the Messiah, they rejected him. They said he was a bastard and later boasted as to how they killed him.

Allah , Most High, says in the Holy Qur’aan in the 4th Sura, an-Nisaa; verse 157:

That they said (in boast), "We killed Christ Jesus the son of Mary, the Messenger of Allah";

What they did not know is that Allah, Most High, made it appear that they had killed him. There is no time tonight to
discuss this in detail. Allah, Most High, raised him to Himself. He will return and this return will be one of the major
Signs of the Last Day.  The Holy Prophet Muhammad ( s.a.w ) informed us that Allah, Most High, is going to send
someone endowed with tremendous power and versatility, by Allah, Most High, who would impersonate the messiah
and deceive the Bani Israeel. That someone is known as Dajjal, the false messiah; or al-masih ud-Dajjal.

To successfully complete his mission, Dajjal will :

1. Firstly, have to liberate the Holy Land of non-Jewish rule.
2.  Bring the Jews back to the Holy Land from wherever they are.
3. Restore the State of Israel.
4. He will have to take that State of Israel to a status of being the ruling state, in the world. This is about to

happen.

When this happens then Dajjal has accomplished his mission providing that Bani Israeel is convinced that this is the
return of the Golden Age. Thus Dajjal has to offer it by way of deception. That is why he has a PhD in Deception.
The Holy Prophet Muhammad ( s.a.w ) explained some of the strategies Dajjal would employ in order to fulfill this
mission through which mankind would be enslaved and the rule of the world would fall to one people. The method of
enslavement of mankind is the economic enslavement of mankind achieved through Riba.
The Holy Prophet ( s.a.w ) said that the age of Dajjal will be the age of riba taking control of the economy around the
world. The age of Dajjal would also be the age in which he will control the climate. He will stop the rain from falling,
not because he discovers a new methodology of climatology, but rather through something called Dukhaan- Smoke.
Environmental pollution emerges causing climatic change. The Holy Prophet Muhammad ( s.a.w ) said that the last
people to come out to Dajjal would be women. A man would have to return to his home and tie down his wife, sister
and daughter to protect and preserve them from Dajjal. Meaning, they are going to be so brainwashed, that there is
going to be something like a hypnotic spell upon them that you cannot penetrate them.
Women of the world will be swept of their feet by a new philosophy pertaining to women i.e. feminism and the
struggle for women’s liberation. This is the Age of Dajjal and the final stage of the Age of Dajjal! With these
preliminary observations, let us now begin our subject.

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The Last Revelation and Ribah

The Holy Prophet ( s.a.w ) has just completed the Hajj. The first and the last Hajj he ever performed. He gives the
Khutbatul wida or The Farewell Sermon and then revelation comes down in which Allah, Most High, announces:

(Holy Qur’aan the 5th Sura al-Maida, Verse 3:

This day I have completed your religion

‘I have completed My job, the religion is now perfected’.

So we thought that this was the end when this revelation came down. No! The Holy Prophet Muhammad ( s.a.w )
returns to Madinah, with about 81 days remaining of his blessed life.  Then two extra-ordinary things happened. The
first is that one more revelation of the Holy Qur’aan comes down1. On the authority of Hazrath Abdullah ibn Abbas
(r.a) and recorded in the Sahih of Imam Bukhari. He says that the last revelation to come down was the revelation on
riba in the 2nd, Sura al-Baqara (verses 278-81) in which Allah, Most High, declared war for the liberation of the
oppressed from the economic oppression of riba.

[O ye who believe! Fear Allah , Most High, , and give up what remains (due to you) from riba, if ye are indeed

believers. If ye do it not, take notice of war from Allah , Most High, and His Messenger:

Why should Allah, Most High, send down one more revelation after He said, ‘This day I have completed your deen and
completed My favour unto you’? The answer appears to be that in this subject of riba or usury lies one of the greatest
dangers that can face the world. It means, ‘don’t neglect the study of this subject’. I live in the capital city of riba, New
York City. I have been teaching this subject for the last six to seven years being the only one in the capital city of riba,
to be teaching this subject. As I teach this subject, I am amazed at how little knowledge of this subject our people have.
We now turn to the second event which is the subject of our talk tonight.

Ihsaan

It is within these 81 days, shortly before the death of the Holy Prophet Muhammad ( s.a.w ) that he ( s.a.w ) was sitting
in the Masjid.
The companions report that they were sitting with him, when something strange, mysterious, dramatic and unforgettable
happened. A stranger entered into the Masjid. He was dressed all in white and his hair was black. No one knew him, so
he could not have been from Madinah. He had to be a stranger from outside. Travel in those days was by camel or horse
through the desert. If one had traveled, one would have sand in ones hair, clothing, and beard and all over ones person.
This stranger had no dust upon him sop this was baffling. He is not a resident and there is no evidence that he had
traveled, who is he? The stranger walks into the Masjid. This is at a time when Islam had already conquered Arabia and
the Holy Prophet Muhammad ( s.a.w ) is the head of state of the whole of Arabia. Sop one would expect even more
security than there was before to protect him from those wanting to harm him. This stranger walks through the
gathering and goes directly to the Holy Prophet ( s.a.w ). It was strange that nobody stopped him. He then sits down so
close in front of the Holy Prophet ( s.a.w ) that his knees touch the knees of the Holy Prophet ( s.a.w ). He was within
range to inflict harm, if that was his intention. This was a breach of security so why did none of the companions attempt
to stop him? They were all immobilized. These dramatic moments were unforgettable. Then the stranger began to
question the Holy Prophet Muhammad ( s.a.w ). He is questioning the Holy Prophet Muhammad ( s.a.w ) about the
deen! Who is this man and where did he get this authority to question the Holy Prophet Muhammad ( s.a.w ) from? The
Holy Prophet Muhammad ( s.a.w ) submits to the questioning. This was strange and even stranger was the response of
the stranger. On receiving the answers from the Holy Prophet Muhammad ( s.a.w ) he responds like a headmaster or a

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principal saying that the answer is correct. At the end of the five questions and answers, he got up as unceremoniously
as he had come and he left. None of the companions would ever forget that day.
The companions asked the Holy Prophet ( s.a.w )   as to whom the stranger was? The Holy Prophet ( s.a.w )   said that it
was the angel, Gabriel ( a.s ) who had come as a human being.
He had appeared as a human being before Maryam ( a.s ) but no one else could see him. He had told her that she would
give birth to a baby boy. She said, ‘How can I have a baby boy, when no man has ever touched me?’ On this occasion
everybody could see him. Why did Allah , Most High, do this? There must be a very important reason that He sent this
angel in such a dramatic and unforgettable way. There must be something tremendously important in these five
questions and five answers.

Since this visit came at the last stage of the life of the Holy Prophet Muhammad ( s.a.w ) perhaps it also implies that in
this is guidance for us concerning the awesome challenges of the last age, The Age of Dajjal.

1. Question One!   What is Islam?
2. Question Two!   What is Imaan?
3. Question Three!   What is al-Ihsaan?
4. Question Four!   When will the Last Hour come?
5. Question Five!   What are the signs of the Last Hour?

Had question one been posed while we were still in Makkah, before the Heigra, the answer would have been, ‘Islam is
the declaration that there is no God, but Allah , Most High, and Muhammad ( s.a.w ) is His Messenger’. But the
question is posed now after revelation had come down establishing the fast of Ramadan; the system of Zakaah as a
compulsory tax  which is collected by the state, since it is not a voluntary tax; after the liberation of Makkah; and after
the Holy Prophet Muhammad ( s.a.w ) had performed the hajj. So the answer is, ‘Islam is the declaration that there is no
God, but Allah , Most High, and Muhammad ( s.a.w ) is His Messenger; performance of salaah – if I neglect my salaah
I am not a Muslim.  Allah , Most High, says in the 3rd Sura, al-i-Imraan in verse 102:

Fear Allah , Most High, as He should be feared, and die not except as a Muslim

Do not die except in a state of submission to the supreme authority of Allah, Most High. Not the supreme authority of
the state. Islam is that you must fast in the month of Ramadan, so if I don’t fast in the month of Ramadan, and I don’t
have a proper excuse for it then I am not a Muslim. Islam is that I must pay the Zakaah when the state is established to
collect the Zakaah.  Which state is authorized to collect the zakaah? The state over which amir-ul-mumineen presides!
That state is authorized to collect and pay the zakaah. Islam is that I must perform the hajj if I have the means to do so.
In order to have the means, I must be free of debt which I have not the means to repay. This was the answer to question
one.

Then he asked, ‘What is Imaan?’ The Holy Prophet Muhammad ( s.a.w ) replied that Imaan is that you must have faith.
Be it in Allah , Most High,, His messengers, His books, His angels and the Last Day. But in the Holy Qur’aan, Allah ,
Most High, had taught us that the dwellers of the desert, the Bedouin, they declared a bit to quickly (49th Sura, al-
Hujeraat in verse 14):

We have faith!

Allah , Most High, responded:

Say to them, ‘Most certainly you don’t have imaan.’

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“You should rather confine yourself to say, ‘We have entered into Islam!’

‘For as yet, Imaan has not entered into your hearts’

So the answer to question one is located on the lips, and then it has to be lived. Question two the answer is that Islam
must travel from the lips and must enter into the heart as its location. What happens when faith enters into the heart?

Question three is, ‘What is al-Ihsaan?’ Is there something after Imaan?

The Holy Prophet Muhammad ( s.a.w ) replies and says, ‘Ihsaan is:

An tahbudallaha ka annaka tara
That you should worship Allah , Most High,: That you should live for Allah , Most High, as though you are seeing Him

But can we see Allah , Most High,? When Musa ( a.s ), the Prophet Moses ( a.s ), was on the mountain, Mount Sinai, he
spoke and he said to Allah , Most High,:

 [the 7th Sura, al-Araaf, Verse 143]:

Show me Your face, I want to see You (with these eyes)

Allah , Most High, responded and said:

Not possible! You can’t see Me! Not with these eyes!

Then what does it mean that, you should worship Allah , Most High,, as though you are seeing Him?
 The companions of the Holy Prophet ( s.a.w ) they asked, ‘O Messenger! Will we be able to see Allah , Most High, on
the last day, the Last Day?’ He responded and he asked, ‘Do you have any difficulty in seeing the sun when it is mid-
day?’ They said, ‘No problem we can see it.’ He asked, ‘Do you have any difficulty in seeing the moon when it is full
moon?’  They said, ‘No!’ He said, ‘that’s how you are going to see your Lord on the Last Day.’

Allah , Most High, says, ‘You can’t see Me’ and the Holy Prophet ( s.a.w ) says, ‘you will see Him’?. What is the
explanation? Now we can understand that there is no contradiction here. The meaning is, ‘You can’t see Me with these
(physical) eyes.’
Do we have any other eyes besides these eyes? The Holy Qur’aan says, ‘Yes! The heart can see’,
Welcome to ‘spirituality’. This is our subject. Do we have any other eyes besides these eyes?  Do we have any other
means of acquiring knowledge other than through external observation?  National University of Singapore says, ‘No!
External observation is the only source of knowledge.’ Harvard, Princeton and Yale say the same thing. These are the
only eyes that we have. Theses are the only ears that we have. The Holy Qur’aan says, ‘No!’ and it gives a different
epistemology from that Godless world out there, which cloaks itself with a mantle of a word called ‘secularism’. I want
to take you to Sura Hajj where Allah, Most High, addresses the people who are internally dead, spiritually dead.

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Allah, Most High, says to them [22nd Sura, Verse 46]:

Will they not travel through the earth?

So that perhaps, perchance, (by traveling through the earth) their dead hearts might come alive

Now with a heart which has come alive they will be able to understand what the intellect could not! What rationality
could not! What external observation could not!

When the heart comes alive, it can hear what otherwise could not be heard

Let me interrupt this verse of the Holy Qur’aan to take you to a hadith of the Holy Prophet ( s.a.w ). We will come back
to the ayah.

The Jews lived amongst us Muslims for 1300 years when no one else in the world would open the doors for them. In
Britain it was prohibited for them to live. They were being persecuted all over the face of the earth. The world of Islam
opened the doors for them and they lived amongst us, in security- we guaranteed security of life and property. We
recognized their religion. We assisted them in the enforcement of their religious law. This is what we did for 1300
years. After all of that had happened, then said the Holy Prophet ( s.a.w ) , in a hadith cited in Sahih Bukhari, in Sahih
Muslim- thus being ‘agreed upon’ -mutafaqun alai . It is thus a strongest possible hadith2. He said:

 ‘You will surely fight the Jews and you will surely kill them (meaning: you will be successful in that fight). At that time
the stones will speak. ‘O Muslim! There is a Jew hiding behind me. Come and kill him’
When the stones begin to speak, with which ears will we hear? Will this be the first time that the stones speak? No! The
stones spoke to the Holy Prophet Muhammad ( s.a.w ) in his lifetime. They offered ‘salaams’ to him3. If we were there
would we have heard? No! He was not hearing with these ears. It is when the heart has come alive, has faith in it and
submits to the Supreme Authority of Allah , Most High, and not the supreme authority of the state, it is then that the
heart can hear.  So we know the stones are speaking now. This prophecy of Muhammad e is being fulfilled now. The
stones are speaking in the Holy Land. When stones begin to speak, no one can stop them from speaking. At the end of
this a Muslim army will destroy the State of Israel; these are the words of the Holy Prophet Muhammad ( s.a.w ).  Let
us go back to the verse of Sura Hajj:

Allah , Most High, says to them [22nd Sura, Verse 46]:

Will they not travel through the earth?

2 Al Jaami` Al Saheeh. Version 1.07 - By Imam Al Bukhari
Volume 4.  4.177:Narrated Abu Huraira:
Sahih Muslim. Version 1.03 - Translated by Abdul Hamid Siddiqui. Book 41: The Book Pertaining to the Turmoil and
Portents of the Last Hour (Kitab Al-Fitan wa Ashrat As-Sa`ah) >> Chapter 16: The Last Hour Would Not Come Until
A Person Would Pass By A Grave And Wish That He Should Have Been The Occupant Of That Grave Because Of
This Calamity
3 Hadrat Ali τ narrates ''once Rasulullah ε and I journeyed from Makkah, and every tree and stone that we passed said
aloud, ''Assalaamu alaika Ya Rasulullah! (Blessings and salutations upon you, O Beloved Prophet)" Tirmidhi Sharif

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So that perhaps, perchance, (by traveling through the earth) their dead hearts might come alive

So that when their hearts come alive they would be able to understand what the intellect, rationality and external
observation could not understand. With a heart that comes alive, they will be able to hear what otherwise they could not
hear.

Truly, its not these eyes which are blind

What is blind is the heart, which is inside the chest.

This is Islamic Spirituality.  It has unfortunately been given a new term, coined by someone, sometime, somewhere.
The term which was coined was Tasawwuf.  I wish it had never been coined. My life and task would have been easier,
because Tasawwuf and al-Ihsaan mean the same thing. Allah , Most High, delivered this word, al-Ihsaan to us, we
should have stayed with this term.
He speaks of it in the Holy Qur’aan in the 29th Sura, al-Ankabuut (The Spider): in Verse69:

And those who strive and struggle (fi’na) to reach Me

We will guide them to the ways and paths through which they can reach Allah, Most High,

Surely Allah , Most High, is with those who pursue the struggle of al-Ihsaan

And so the definition of al-Ihsaan:

That you should worship Allah , Most High, as though you are seeing Him with your internal eyes

A warning is being delivered here, that unless and until you can see with the heart as well you will not be able to
understand, what happens in the Last Age. You will not be able to understand and recognize the attack of Dajjal. What
does Allah, Most High, say about a people who are internally blind? He has a nice beard, he performs salaah regularly,
and he is faithful to his wife but internally blind. What does Allah, Most High, say about such a person?

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He says in the Holy Qur’aan in the 7th Sura, al-Araaf [The Heights], Verse 179:

Many are the Jinn’s and men We have made for Hell:

Huge numbers are now condemned to the Hell-fire, for they will not survive the awesome challenges of the Last Age
they will fail.

Why are they condemned to the Hell-fire?

They have eyes but they cannot see. They have ears but they cannot hear. They have hearts but they cannot understand

They are a people who are internally blind and lacking spiritual mobilization. What does Allah , Most High, say of
them? He says:

They are just like cattle

No! They are worse than that. They are more misguided than cattle

They are truly negligent of Allah , Most High.

For what purpose do we need this internal sight, capacity to hear and understand? In other words, why spirituality?
Before we answer that question, I have another story to tell you.

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Do you remember Musa ( a.s )? They crossed the Red Sea and are now in Sinai. They couldn’t construct a Masjid so
hey utilized a tent, called a tabernacle (a portable Jewish place of worship). Musa ( a.s ) delivers a sermon or Khutbah.
It was a fine sermon. Someone came to him and said, ‘O Musa! What a fine sermon you delivered, you must be the
most learned man in the world.’ What he should have said was, ‘Alhamdulillah !(Praise is due to Allah , Most High,!),
What he should have said was it is from Allah , Most High, that knowledge come! What he should have said was: (12th

Sura, Yusuf, verse 76):

Above every learned man, is One who is more learned

He should have recognized Allah , Most High, as the source of all knowledge. ’ But he didn’t do that. Harvard
University, Princeton, Yale and your local university doesn’t do that. [To teach us] Musa ( a.s ) said, ‘Yes! I am the
most learned man in the world.’   He said what the PhD From the university says, ‘Yes! I am the most learned man in
the world.’
Whenever you do that and you secularize knowledge and education. You take Allah , Most High, out of the process of
learning. When you do that and don’t recognize Allah, Most High, as the source of all knowledge, then He cuts off your
internal sight. So Musa ( a.s ) temporarily is without internal sight. Allah , Most High, then says to him, ‘There is a
servant of mine, Hazrath Khidr ( a.s ) more learned than you are, Musa ( a.s )’ So Musa ( a.s ), says, ‘I would like to
meet him.’

The answer is in Sura Kahf. Allah, Most High, gives him instructions to travel in the direction where the two oceans
meet- majmaul Bahrain and here he will find him. The commentator of the Holy Qur’aan, Imam Badawi has given a
beautiful interpretation of this. He says the two oceans are the oceans of ‘knowledge which comes from external
observation’ and the oceans of ‘knowledge which comes from internal intuitive, spiritual insight’. When these two
oceans of knowledge come together and are integrated in a single individual as they were in my teacher, Maulana
Fazlur Rahman Ansari (r.u), his teacher Maulana Abd al-Aleem Siddiqui (r.u), then you get the most learned of all men.
That’s the only man, who would read the signs of Allah, Most High, in the Last Age. Harvard can’t do it. This then is
the function and purpose of spirituality.

Question Four: When will the last hour come? The Holy Prophet Muhammad ( s.a.w ) replied and said, ‘The one who is
questioned has no more knowledge than the one who is questioning.’ Meaning, this is not a subject that we should be
addressing our attention to, because this knowledge resides only with Allah, Most High,. But the Holy Qur’aan has
something interesting to say about it.  It says that those in whose heart there is no faith, respond differently from those
in whose heart there is faith. The one who has faith always thinks that the last hour is close but the one who has no faith
always thinks that the last hour is far away. So there is a psychology of religion located in the question and the answer,
a profound psychology of religion.

Now we come to question five. What are the signs of the Last Day? Both the signs given in this answer relate to Dajjal.
In consequence of which, this visit of Jibraeel ( a.s ), is giving an ominous message to us, that you will not be able to
understand Dajjal, the False Messiah; the world in the age of  Dajjal, the False Messiah unless and until you are blessed
with internal spiritual insight. Unless you have this thing called spirituality. He gave two answers; two signs of the last
day. He said that you will find naked, barefooted shepherds [meaning people who have the intellectual acumen of
‘naked, barefooted shepherds’] competing with each other to build tall buildings -to build the best airport in the world -
meaning people who have the intellectual acumen of ‘naked, barefooted shepherds’ will now measure progress with
high rise buildings. One doesn’t have to have much common sense or knowledge to know that it is false to measure
progress by the number of high rise buildings in the skyline.

(Holy Qur’aan 49th Sura, al-Hujeraat, verse 13):

The best of you, the noblest of you, in the sight of Allah , Most High, is he or she who has

the greatest fear of Allah , Most High, in the heart

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So a people may be living in bamboo houses, but in their hearts there is the fear of Allah , Most High,. You and your
companions, in the tallest building in the world, considering yourself progressive and them backward, having no fear of
Allah, Most High, in your heart, according to the yardstick that the Holy Qur’aan uses, they in their bamboo houses are
superior to you. A mismanagement of the economy is also involved here. It is a mismanagement of the resources of the
society. At the same time that you are building these high rise buildings there are people working for a minimum wage
and many at less than minimum wage. What is minimum wage? It is a fig leaf to cover the economic slavery which
comes with Riba. The market in Islam is a free and a fair market. No prices are fixed in the market of the Holy Prophet
Muhammad ( s.a.w ).

A man came to the Holy Prophet Muhammad ( s.a.w ) and said, ‘O Messenger of Allah , Most High,! Prices are too
high, fix the prices (institute price control).’ The Holy Prophet ( s.a.w )   said, ‘No!’ The man came back a second time
and again said, ‘O Messenger of Allah , Most High,! Prices are too high, fix the prices (institute price control).’ Again

the Holy Prophet ( s.a.w )   said, ‘No!’ He came back a third time with the same request and again
 the Holy Prophet Muhammad ( s.a.w ) refused.

He said we can pray to Allah , Most High, to bring the prices down for increase in supply would cause prices to go
down. So the market in Islam is the market in which there are no fixed prices; not for merchandise, commodities or
labour. Price control is imposed today for basic necessities and labour, so that the labourer can get a minimum wage.
The minimum wage being paid is less than what the person ought to get; what Allah, Most High, is giving to him with
which to maintain yourself and your family. The reply we get is, ‘we cannot afford to pay, for we don’t have the
money.’ You have the money to build high rise buildings but you don’t have the money to pay a just wage by removing
all price control and allowing a free market to operate. When a free market operates and the labourer goes down into
slave wages then the labourer’s eyes will open. This is slavery and then he will revolt against the system. This is the
first sign involving Riba.

The second sign: ‘You will see the slave woman giving birth to her mistress.’ How can the slave woman give birth to
her mistress? In order to understand this sign and the first you have to have internal vision complimenting external
vision. Imagine all of mankind aboard a ship. Because of Riba, one part of mankind is traveling First Class, with
permanent First Class Tickets. That’s what riba does. When an economy is based on riba, the rich will remain
permanently rich and the poor will be imprisoned in permanent poverty. Wealth will no longer circulate through the
economy. That’s the world today with their capitalist economy. The rich are now permanently rich and growing richer.
The poor are now permanently poor and growing poorer and the number of poor is constantly expanding. This is riba.

One form of Riba is borrowing and lending money on interest. Allah , Most High, made it haraam; the Holy Prophet
Muhammad ( s.a.w ) cursed all four and said they were all equally guilty. The one who takes riba - put money in fixed
deposit, get interest. The one who gives riba- borrows on interest, for car, house college education or hajj and pays back
interest on that loan. The one who records the transaction and the two witnesses.

So all of mankind is aboard this ship and a small minority- 10 to 15 % of mankind travel first class in unprecedented
luxury- clean drinking water; the best medical care that money can buy. Medical Care in the Last Age looks like, ‘If he
didn’t take it in that hospital, he would have been dead.’ The rest of mankind are down there in the hold; suffering, in
squalor, miserable existence, drinking polluted water, eating food laced with chemicals from genetically re-engineered
seeds, drinking milk and eating meat laced with hormones. So this woman is down there in the hold. She is for all
intents and purposes a slave woman. That is the woman the Holy Prophet Muhammad ( s.a.w ) speaks about. My
mother, my sister, my daughter is down there in the hold. He said that the Age of Dajjal would be the age of riba.

1. Dajjal has already liberated the Holy Land from Muslim Rule in 1919.
2.  Dajjal has already taken the Jews back to the Holy Land.
3. The State of Israel has been restored

All that Dajjal has to deliver now is number four.
4. The State of Israel has to become the Ruling State in the World

Like the time of Solomon or Hazrath Sulaiman ( a.s ). In order to achieve that status it has to have control of the
economy and money around the world. This is what Riba is delivering. There is no time for a lecture on International
Monetary Economics and what is going to happen to the US Dollar and the whole world of paper money tomorrow. All
I can tell you is that you would be using it for wallpaper.

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12

When that crash comes and the international monetary system crashes it will fulfill the Prophecy of Muhammad ( a.s )
who said that,

‘That day will come when nothing will be of value as money, except the Dinar and the Dirham.’

He wasn’t talking of the Dinar made of paper, but real money. My opinion; not more than five to ten years from now!

So that woman is down there in the hold of the ship. Something strange is happening to those woman in first class. A
strange new philosophy of feminism is taking control of them. Allah , Most High, teaches this in Sura al-Layl. He says:
[The 92nd Sura, al-Layl [The Night], verses 1-3]

He takes an oath by the night and that which it shrouds and covers so mysteriously, so beautifully

He takes an oath by the day and its bright powerful light

That, in the same way that Allah , Most High, created the male and the female so to,

did He create the night and the day.

The day has its functions to perform and the night has its functions to perform. When the day is day and the night is
night then the night and day is attracted to each other. Intense attraction! When the day is approaching the night you can
see the intense attraction in the painted sunset in the sky. After the day has spent the evening with the night and it is
time to say goodbye to her, you notice that the night doesn’t want the day to leave. So, only one ray of light comes out
at the time. The night is holding on to the day. This is the intense attraction of the male and the female, when the day is
day and the night is night. When the day performs the function of the day and the night performs the function of the
night, and incase you didn’t understand that subject Allah , Most High, says in the next verse

You are functionally different

If you play around with this function of difference, you are going to have a gigantic tragedy on your hands. The Age of
Dajjal is the age when the last people to come out with Dajjal would be women and a man would have to return to his
home and tie down his wife, sister and daughter to protect and preserve them from Dajjal. What is the heart and
substance of the Feminist Revolution? That woman shall not be barred from embracing the functional role of men.  That
woman should have the freedom to embrace the functional role of men. So, women are doing every thing that man are
functionally equipped to do, in the army, navy, air force, police force and in the street building roads. What happens
when the night wants to become day? First of all, women go out to work and then are employed full time outside the
house. Not always is the office environment conducive to marital fidelity. When you go out to work, you got to dress
and you are admired. There are some men, who have eyes and they see and when they are attracted they fear Allah ,
Most High, whilst others become sharks. So she gets bitten up there in the office and the divorce takes place. The Age
of the Feminist Revolution is the age of the spectacular increase in the number of divorces. Yes! His and her hearts are
broken when a divorce takes place but the ones who suffer the most are the children. Broken hearts and broken homes!
There are millions of American children who are like that and the numbers are constantly increasing. What happens to
these children? They grow up and embrace violence as an external expression of an internal rage in them. So you get
guns in the schools, they embrace drugs as a means of escape from a reality which is too painful for them. Drugs
consumed by children, who when they reach the age of puberty, become biologically different. They seek love that they
didn’t get at home in the arms of another child. So a fourteen year old girl has already had two abortions.  They call that
progress. That is not really the subject of our lecture.

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13

You will find a slave women giving birth to her mistress. As the night attempts to become day, women assume the
functional role of men and starts dressing like a man. She even has to talk like a man. She has to behave like a man in
the office. In the process, she destroys her own femininity. Allah , Most High, describes femininity in the Holy Qur’aan.
Musa ( a.s ) is at the well when he fled from Egypt and the two girls were there. They took the water and went home
and the father of one of the girls asks her to go invite Musa ( a.s ) for a meal. This girl, who is really the night, Allah ,
Most High, describes her coming to meet Musa ( a.s ). Allah , Most High, describes her bashfulness- how shy she feels.
How she is trailing her clothing behind her being at her wits end because she has to approach a man. The feminist
revolution destroys the femininity of a woman- bashfulness is gone; shyness is gone and modesty disappearing. What
happens when women begin to lose their femininity? The day is no longer attracted to the night what will happen? It’s
not what will happen but what is already happening. The day will now mate with the day. So homosexuality and
lesbianism is the necessary product of the feminist revolution. That has come to many parts of the world and is
constantly increasing. But that is not our subject.

A slave women giving birth to her mistress! The slave woman is in the hold of the ship and another woman, who has
embraced the feminist revolution, is traveling first class. As the night tries and become day, the night will no longer be
truly night. So not only does a woman lose her femininity but she loses her fertility. So she cannot have a baby.
Wherever the Feminist Revolution has taken root, fertility rates have declined.  So women go to clinics and spend huge
sums of money to try and become pregnant because the womb is no longer fertile. There is a second reason for
declining fertility rates, not only the Feminist Revolution and the struggle for women’s liberation but also the
environmental pollution. The environmental pollution impacts upon men. Why are men losing hair and balding?
Environmental Pollution! The biological body of a woman is far more fragile than that of man. The impact on her is
greater but he also suffers. The Holy Prophet Muhammad ( s.a.w ) said that one of the signs of the Last Day is that,
‘One man will have to maintain 50 women.’ He didn’t say that one man will have to marry 50 women. Is there some
mysterious change taking place in the sperm? Is it the genetically engineered food that we consume? So the number of
male children being born declines as genetically reengineered food and environmental pollution increases until
eventually one man will have to maintain 50 women. This environmental pollution (dhu’aa or smoke) in the Age of
Dajjal is causing climatic change. It is also affecting female fertility.

 So she is traveling first class but she cannot have any babies. The slave woman in the hold of the ship has been to poor
to embrace the feminist revolution so her womb is still fertile. The womb will now become a factory. She is
impregnated and the baby is a future first class lady that the slave woman will carry to term. For nine months the slave
lady will live like a queen, eating good food and drinking clean water. The Holy Prophet Muhammad ( s.a.w ) speaking
1400 years ago in answer to the angel told us that when the baby is born it goes first class and the mother remains a
slave. So a slave woman has given birth to her mistress.

There is Dajjal at work in Riba, in the feminist revolution and in environmental pollution. These five questions are
telling us to embrace Islam and then live it full time with sincerity. The heart must turn to Allah, Most High. When you
live Islam fulltime, then one day Allah, Most High, will put nur into your heart. Light! Which is not sold in the stock
market?
The heart will now be able to see. This internal spiritual insight and external observation, observing the International
Monetary System that spirituality will deliver to you, the understanding of the world in which you live, today, the Last
Age. The purpose of Spirituality is not to take a trip to the arsh and return; to perform karamaat (miracles) or
supernatural acts. The purpose of spirituality is to deliver an internal capacity to see so that you will be able to read the
signs of Allah , Most High,, most of all, in the Last Age.

Fa illam takun tara
For if you cannot see Him

fa innahu yara
Surely He is seeing you


CIVIL PROCEDURE IN THE CIVIL PROCEDURE IN THE
SYARIAH COURTSYARIAH COURT

1616thth August 2006August 2006

CONTENTSCONTENTS

��SETTLEMENT, WITHDRAWAL SETTLEMENT, WITHDRAWAL
AND DISCONTINUANCEAND DISCONTINUANCE

��SUBPOENASUBPOENA

��HEARINGHEARING

�� JUDGMENT AND ORDERSJUDGMENT AND ORDERS

��LEARNING OUTCOMELEARNING OUTCOME

SettlementSettlement

� Before the hearing.

� The case through settlement.

� Settlement can be either through:-

� (1) Settlement outside court (sulh)

� (2) Withdrawal

SETTLEMENTSETTLEMENT

�� S 94S 94-- Where by agreement of the parties an Where by agreement of the parties an
action has been settled, the court may at any action has been settled, the court may at any
time, by consent of the parties, record the time, by consent of the parties, record the
fact of such settlement with the terms fact of such settlement with the terms
thereof and the record of the settlement thereof and the record of the settlement
shall afford a shall afford a defencedefence by way of by way of resres judicatajudicata
to the subsequent proceedings from the to the subsequent proceedings from the
same or substantially the same, cause of same or substantially the same, cause of
action.action.

ResRes JudicataJudicata

�� ResRes judicatajudicata (from "(from "resres iudicataiudicata", Latin for "a ", Latin for "a
thing decided"), more commonly thing decided"), more commonly resres judicatajudicata in in
legal usage, is a common law doctrine meant to legal usage, is a common law doctrine meant to
bar bar relitigationrelitigation of cases between the same parties of cases between the same parties
in court. in court.

�� A rule of civil law that once a matter has been A rule of civil law that once a matter has been
litigated and final judgment has been rendered by litigated and final judgment has been rendered by
the trial court, the matter cannot be the trial court, the matter cannot be relitigatedrelitigated by by
the parties in the same court, or any other trial the parties in the same court, or any other trial
court. A court will use court. A court will use resres judicatajudicata to deny to deny
reconsideration of a matter.reconsideration of a matter.

WithdrawalWithdrawal

�� S 95S 95-- PTPT-- may with leave of the court, at may with leave of the court, at

any time b4 judgment withdraw any any time b4 judgment withdraw any

proceedings wholly or in part by giving proceedings wholly or in part by giving

notice in Form MS 19.notice in Form MS 19.

�� The The DtDt entitled to the costs.entitled to the costs.

�� S 96S 96-- Cannot bring an action for the same Cannot bring an action for the same

unless the Court granted leave to institute unless the Court granted leave to institute

fresh fresh proceddingsproceddings..

StayStay

�� S S 9797--If  the Pt has withdrawn any If  the Pt has withdrawn any

proceedings and he is liable to pay proceedings and he is liable to pay

costs, then if b4 payment of such costs costs, then if b4 payment of such costs

he subsequently brings an action for he subsequently brings an action for

the same, the court may order that the the same, the court may order that the

proceedings to be stayed until such proceedings to be stayed until such

costs are paid.costs are paid.

Withdrawal of Withdrawal of DefenceDefence

�� S 98S 98-- A A dtdt may at any time by giving notice may at any time by giving notice

to the Pt withdraw his to the Pt withdraw his defencedefence and shall in and shall in

such event be precluded from defending the such event be precluded from defending the

proceedings or any part thereof, as the case proceedings or any part thereof, as the case

may be.may be.

SulhSulh

� The parties to an action are encouraged to hold sulh.
Pegawai Pegawai SulhSulh is appointed and placed at is appointed and placed at ShariahShariah
Subordinate Court. Pegawai Subordinate Court. Pegawai SulhSulh will conduct the will conduct the
MajlisMajlis SulhSulh. .

�� Functions of Pegawai Functions of Pegawai SulhSulh

-- To solve problems of backlog cases in the courtTo solve problems of backlog cases in the court-- In In
SelangorSelangor SulhSulh has decreased about 65% cases in Court.has decreased about 65% cases in Court.

-- As an arbitrator, to provide settlement on win As an arbitrator, to provide settlement on win winwin basis. basis.

-- MajlisMajlis sulhsulh will be attended by the disputed parties only will be attended by the disputed parties only
and not in open court.and not in open court.

S 99S 99

�� The parties to any proceedings may at any The parties to any proceedings may at any

stage of the proceedings, hold stage of the proceedings, hold sulhsulh to settle to settle

their dispute in accordance with such rules their dispute in accordance with such rules

as may be prescribed or, in the absence of as may be prescribed or, in the absence of

such rules, in accordance with such rules, in accordance with hukumhukum

syaraksyarak..

�� Manual Manual KerjaKerja SulhSulh, ,

CaseCase

�� SemekSemek btbt MamatMamat v v ZubaidahZubaidah Bt Bt YassinYassin

�� Mother claimed for Mother claimed for hartaharta sepencariansepencarian

against her daughter.against her daughter.

�� Defendant agreed to settle by way of Defendant agreed to settle by way of

sulhsulh..

SUBPEONASSUBPEONAS

�� An order from the court to any party An order from the court to any party

(witness) to come to the court to give (witness) to come to the court to give

explanation on certain issue.explanation on certain issue.

�� 2 types:2 types:

�� (1) Subpoenas Ad (1) Subpoenas Ad TestificandumTestificandum

�� (2) Subpoenas (2) Subpoenas ducesduces tecumtecum..

Section 102Section 102

�� Request for issue of subpoenasRequest for issue of subpoenas

�� Form MS20Form MS20

�� Filed in courtFiled in court

�� Contained name, address or name of the Contained name, address or name of the

firmfirm

�� Being sealed in by an officer of the court.Being sealed in by an officer of the court.

Section 104Section 104

�� Subpoenas to produce documentsSubpoenas to produce documents

�� He shall sufficiently comply. He shall sufficiently comply.

Section 105Section 105

� Amendment of subpoenas

� Resealed and endorsed, amended and

resealed.

Section 106Section 106

�� Shall be served personally Shall be served personally

�� Service shall be done within 12 weeks Service shall be done within 12 weeks

after the date of the issue of the after the date of the issue of the

subpoena.subpoena.

Section 109Section 109

�� Attendance of prisoners as witness or partyAttendance of prisoners as witness or party

�� ExparteExparte by notice in Form MS 24.by notice in Form MS 24.

�� The cost of conveying of the witness in safe The cost of conveying of the witness in safe

custody and from the court shall paid in the custody and from the court shall paid in the

first instance.first instance.

�� Order in Form MS25.Order in Form MS25.

Section 110Section 110

�� Tender of expensesTender of expenses

�� Shall not be compelled to attend Shall not be compelled to attend

�� Unless reasonable sum to cover his Unless reasonable sum to cover his

expenses.expenses.

Section 111Section 111

� Affidavit of service.

Flow Chart For Civil Cases

Yes

No

Registration

Mention within
21 days

Advice for Settlement

Pleading

Judgment

Hearing

HEARING HEARING

PART XVPART XV--S119S119--129 129

�� Two types of hearing:Two types of hearing:--

�� I) Open CourtI) Open Court--

�� II) In camera.II) In camera.--

�� Trial to settle dispute between the parties in Trial to settle dispute between the parties in

any court of action or process of achieving any court of action or process of achieving

justice.justice.

Section 119Section 119

�� Hearing in court.Hearing in court.

�� All proceedings begun by way of summons All proceedings begun by way of summons

shall be heard and determined in open court shall be heard and determined in open court

�� All proceedings begun by way of application All proceedings begun by way of application

shall be heard and determined in chambers.shall be heard and determined in chambers.

Section 120Section 120

�� May appear in person or through his May appear in person or through his

peguampeguam syariesyarie

�� Person under disabilityPerson under disability--GALGAL

Section 121Section 121

�� Absence of partiesAbsence of parties

�� Neither party appearsNeither party appears--dismissdismiss

�� DtDt does not appeardoes not appear--hear and determine the hear and determine the

action in his absenceaction in his absence

�� Pt does not appearPt does not appear--dismiss the action dismiss the action

determine and hear the counter claim.determine and hear the counter claim.

�� Pt or Pt or DtDt to take on oath or to take on oath or IstizharIstizhar

�� More than one Pt or More than one Pt or dtdt. . ––hear the action hear the action

and determine the action against the parties and determine the action against the parties

absent.absent.

Section 122 Section 122

�� CounterclaimsCounterclaims

�� Stay, withdrawal, striking out or dismissal of Stay, withdrawal, striking out or dismissal of

the Ptthe Pt’’s claim shall not prevent the hearing and s claim shall not prevent the hearing and

determination of a counterclaim.determination of a counterclaim.

Section 123Section 123

�� Mutual claimsMutual claims

�� Where judgment is given for sums of money Where judgment is given for sums of money

on both claims and counterclaim, the court on both claims and counterclaim, the court

may set the one off against the other and give may set the one off against the other and give

judgment for the balance only but without judgment for the balance only but without

prejudice to the power of the court to make prejudice to the power of the court to make

such order as to cost as it thinks just.such order as to cost as it thinks just.

Section 124Section 124

��
� Notes of evidence

� The court shall record the evidence given

� So far as desirable

� Of the submissions of law made

� Any objections to evidence

� Record such remarks on the demeanor of

witnesses and other material matters.

Section 125Section 125

�� Documents or exhibitsDocuments or exhibits

�� Shall be markedShall be marked

�� Shall be retained during the Shall be retained during the pendencypendency of the of the

proceedings.proceedings.

�� Documents or exhibits tendered but rejected Documents or exhibits tendered but rejected

shall also be marked.shall also be marked.

Section 126Section 126--Order of SpeechesOrder of Speeches

�� Plaintiff opening his case and each party may Plaintiff opening his case and each party may

b4 calling evidence open his case or the judge b4 calling evidence open his case or the judge

may give directions as to the party begin.may give directions as to the party begin.

�� After Pt adduced evidence the judge shall call After Pt adduced evidence the judge shall call

upon the upon the DtDt to adduce evidence or to submit to adduce evidence or to submit

there is no case to answerthere is no case to answer

�� (a) If (a) If DtDt elects to adduce evidence the Judge elects to adduce evidence the Judge

shall record the evidence and to make a shall record the evidence and to make a

submission closing his case.submission closing his case.

�� (b) Where the (b) Where the DtDt submits that there is no case to submits that there is no case to

answer the Judge shall answer the Judge shall

�� I). Shall record the defendantI). Shall record the defendant’’s submissions submission

�� II). Order the II). Order the DtDt to take an oath denying the to take an oath denying the

PtPt’’s claim.s claim.

�� If the If the DtDt refuses the judge shall dismiss the refuses the judge shall dismiss the DtDt’’ss

case and allows the Ptcase and allows the Pt’’s claim.s claim.

�� B4 the court allows the PtB4 the court allows the Pt’’s claim the court s claim the court

shall:_(I) hear and record the Ptshall:_(I) hear and record the Pt’’s submission in s submission in

closing his caseclosing his case

�� (ii) order the Pt to take an oath admitting the (ii) order the Pt to take an oath admitting the

truth of his claim. If he refusestruth of his claim. If he refuses--dismiss his case.dismiss his case.

Section 127Section 127

�� Power of CourtPower of Court

�� In the interest of justice the court may at any In the interest of justice the court may at any

stage of the proceedings call any party to stage of the proceedings call any party to

adduce evidence and may inspect any place or adduce evidence and may inspect any place or

thing.thing.

Section 128Section 128

�� Trial not concludedTrial not concluded

�� When the judge has commenced the trial When the judge has commenced the trial

and unable for any reason to conclude the and unable for any reason to conclude the

trial another judge may with consent of all trial another judge may with consent of all

parties continue the trial and give judgment.parties continue the trial and give judgment.

�� If there is no consentIf there is no consent--new hearing.new hearing.

Section 129Section 129

�� AdjournmentAdjournment-- The Court may adjourn or The Court may adjourn or
transfer any trial and may impose any transfer any trial and may impose any
condition. condition.

JUDGMENT AND ORDERSJUDGMENT AND ORDERS

�� JudgmentJudgment

�� Where a decision brings finality to an Where a decision brings finality to an
action.action.

�� EgEg: Default judgment, consent judgment.: Default judgment, consent judgment.

�� OrderOrder--

�� Where the decision of the court are only Where the decision of the court are only
interlocutory in nature.interlocutory in nature.

�� EgEg: Order to amend pleadings: Order to amend pleadings

PART XVIPART XVI-- SS130SS130--137137

�� S 130S 130

�� Every trial Judge shall deliver a written Every trial Judge shall deliver a written
judgmentjudgment

�� Pronounce his judgment in open court Pronounce his judgment in open court
Except in chambers.Except in chambers.

�� If unable to pronounce judgment, the If unable to pronounce judgment, the
written judgment may be read in open written judgment may be read in open
court by any other judge or Registrarcourt by any other judge or Registrar

�� Judgment shall form the record of the Judgment shall form the record of the
case.case.

Section 131Section 131

�� Consent JudgmentConsent Judgment

�� Judgment by confessionsJudgment by confessions

�� Consent of the partiesConsent of the parties

�� SulhSulh

�� May be recorded by the court at any timeMay be recorded by the court at any time

SECTION 132SECTION 132

�� Terms of judgment or order to be Terms of judgment or order to be

settled by court.settled by court.

�� The court shall settle the terms of a The court shall settle the terms of a

judgment or order in such judgment judgment or order in such judgment

or order.or order.

SECTION 133SECTION 133

�� Installments when due.Installments when due.

�� Where any order is made for payment by Where any order is made for payment by

installments in a particular month, the installments in a particular month, the

installment shall, in the absence of any a installment shall, in the absence of any a

direction to the contrary, be deemed to be direction to the contrary, be deemed to be

payable on the first day of the month next payable on the first day of the month next

following and on the first day of each following and on the first day of each

succeeding month.succeeding month.

SECTION 133SECTION 133

�� Order for installmentsOrder for installments

�� Any debtor against whom a Any debtor against whom a
judgment has been or is about to be judgment has been or is about to be
given may apply to the courtgiven may apply to the court--

�� For leave to pay the judgment debt For leave to pay the judgment debt
by installments orby installments or

�� For leave to pay by reduced For leave to pay by reduced
installmentsinstallments

ContCont……. .

�� If 1 month in arrears such order shall If 1 month in arrears such order shall
be deemed to be vacated and the JC be deemed to be vacated and the JC
may execute for the whole amount then may execute for the whole amount then
due on the judgment, but the judgment due on the judgment, but the judgment
debtor may apply for another order.debtor may apply for another order.

�� Order for payment by InstallmentOrder for payment by Installment--Any Any
party may apply party may apply

�� Installment be vacatedInstallment be vacated

�� Be increased or decreasedBe increased or decreased

�� After hearing the parties.After hearing the parties.

SECTION 134

�� Judgment, etc requiring act to be done: Judgment, etc requiring act to be done:

time for doing it.time for doing it.

�� Every Every judmentjudment or order requiring any or order requiring any

person to do any act, other than the person to do any act, other than the

payment of money, shall state the time payment of money, shall state the time

within which the act is to be done, and if within which the act is to be done, and if

no time be so stated, the act shall be done no time be so stated, the act shall be done

within 7 days from the date of the within 7 days from the date of the

judgment or order.judgment or order.

ContCont……. .

�� Where the person required to do the Where the person required to do the

act was personally present or act was personally present or

represented by his represented by his PeguamPeguam SyarieSyarie

when the judgment or order was when the judgment or order was

given or made, it shall not be given or made, it shall not be

necessary to serve him with a copy of necessary to serve him with a copy of

the judgment or order.the judgment or order.

ContCont……

�� Where the person required to do the act Where the person required to do the act
was not personally present or was not personally present or
represented no proceedings for his arrest represented no proceedings for his arrest
or commitment shall be taken unless he or commitment shall be taken unless he
has been served with a copy of the has been served with a copy of the
judgment or order endorsed with a notice judgment or order endorsed with a notice
in Form MS 28.in Form MS 28.

�� If there is no endorsement then If there is no endorsement then
committal proceedings  (s 151) may not committal proceedings  (s 151) may not
be successful.be successful.

Section 136Section 136

�� Date of judgment or order.Date of judgment or order.

�� Shall be dated and take effect on the Shall be dated and take effect on the

date on which it was given or made.date on which it was given or made.

Section 137Section 137

�� Judgment on Movable Property.Judgment on Movable Property.

�� A judgment for the delivery of movable A judgment for the delivery of movable

property shall state the amount of money property shall state the amount of money

to be paid as an alternative if delivery to be paid as an alternative if delivery

cannot be made.cannot be made.

Section 147Section 147

�� Duty to comply.Duty to comply.

�� Shall comply without demand,Shall comply without demand,

�� Not necessary to serve on him the judgmentNot necessary to serve on him the judgment

�� Except if a person was not personally Except if a person was not personally
present or represented.present or represented.

�� Contempt of court.Contempt of court.

�� S 229S 229-- Notice to show action or cause.Notice to show action or cause.

�� S 23S 23-- body corporate.body corporate.

Appeal S138Appeal S138--146146

�� Section 139Section 139--

�� Form MS 29Form MS 29

�� File notice of appeal within 14 daysFile notice of appeal within 14 days

�� The ct upon payment of prescribed fee supply the The ct upon payment of prescribed fee supply the

appellant a certified copy of the notes of evidence appellant a certified copy of the notes of evidence

and the judgment.and the judgment.

�� Notify the the Appellant in Form MS 30.Notify the the Appellant in Form MS 30.

�� Within 14 days deposit appropriates sum to the Within 14 days deposit appropriates sum to the

court.court.

Section 141Section 141

�� Grounds of appealGrounds of appeal

�� Within 14 daysWithin 14 days-- lodge  grounds of appeal in lodge  grounds of appeal in

5 copies.5 copies.

�� Shall state briefly the substance of judgment Shall state briefly the substance of judgment

�� Shall contain definite particulars of the law Shall contain definite particulars of the law

or fact.or fact.

Section 144Section 144

�� Stay of execution pending appeal.Stay of execution pending appeal.

�� Filing of notice shall not operate as a stay of Filing of notice shall not operate as a stay of

executionexecution

�� The ct may on application and on sufficient The ct may on application and on sufficient

cause being shown stay execution on such cause being shown stay execution on such

terms as it may think fit.terms as it may think fit.

Learning OutcomeLearning Outcome

�� Students should be able to understand the Students should be able to understand the
hearing procedures, nature of judgment and hearing procedures, nature of judgment and
orders.orders.

�� Committal proceedings could be invoked if Committal proceedings could be invoked if
a person do not comply with the judgment a person do not comply with the judgment
or orders.or orders.

�� There is a right of appeal to any party in There is a right of appeal to any party in
dispute and notice of appeal must be filed dispute and notice of appeal must be filed
14 days form the date of judgment.14 days form the date of judgment.

Thank YouThank You

Zulkifli Bin Zulkifli Bin HasanHasan

Lecturer Faculty of Lecturer Faculty of SyariahSyariah & Law& Law

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2 thoughts on “Archives”
ruqayah says:
October 28, 2011 at 3:24 am

Assalamu’alaikum Dr,

I’m Ruqayah, Research Assistant  for uitm grant project on Islamic Home Financing. I’ve found your article entitled: SHARI’AH AND LEGAL ISSUES IN AL-BAY’ BITHAMAN AJIL FACILITY IN THE CASE OF ARAB-MALAYSIAN FINANCE BHD V TAMAN IHSAN JAYA SDN BHD & ORS [2008] 5 MLJ.

It is very useful to be part of our reference but the problem here, there is no mentioned about when this paper is published. I wish you could reply my email by telling the details of this article. For instance; name of journal, year published.

Thank you for your cooperation. May Allah grant reward for your kindness.

Wassalam and Regards,

Reply

ZULKIFLI HASAN says:
October 31, 2011 at 5:25 am

Hasan, Z. (2009). Shari’ah And Legal Issues In Al-Bay’ Bithaman Ajil Facility In The Case Of Arab-Malaysian Finance Bhd v Taman Ihsan Jaya Sdn Bhd & Ors [2008] 5 MLJ,  Islamic Economics System Conference, 15-17th July 2009, Kuala Lumpur, Malaysia.

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