Principles of Islamic Jurisprudence by MH kamali

in another passage the quran describes itself saying

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Unformatted text preview: ustafa Zayd, Maslahah, p. 25.] These are some of the Qur'anic objectives which grasp the essence of maslahah; they are permanent in character and would be frustrated if they were to be subjected to the kind of restrictions that the opponents of maslahah have proposed. We shall discuss the views of the opponents of maslahah in fuller detail; suffice it here to point out that the argument they have advanced amounts to a proposition that the general objectives of the Qur'an can only be implemented, in regard to particular cases, if there is another nass available in their support. This would seem to amount to an unwarranted restriction on the general objectives of the Lawgiver as these are expounded in the Qur'an. The ulema have quoted a number of ahadith which authorise acting upon maslahah, although none is in the nature of a clear nass on the subject. Particular attention is given, in this context, to the Hadith which provides that `No harm shall be inflicted or reciprocated to Islam'. [9. Ibn Majah, Sunan, Hadith no 2340.] The substance of this Hadith is upheld in a number of other ahadith, and it is argued that this Hadith encompasses the essence of maslahah in all of its varieties. [10. Khallaf, `Ilm, p.90; Abu Zahrah, Usul, p. 222.] Najm alDin al-Tufi, a Hanbali jurist (d. 716 A.H.), has gone so far as to maintain, as we shall further elaborate, that this Hadith provides a decisive nass on istislah. The widow of the Prophet, A'ishah, is reported to have said that "the Prophet only chose the easier of two alternatives, so long as it did not amount to a sin'. [11. Muslim, Sahih Muslim, p.412, Hadith no. 1546.] According to another Hadith, the prophet is reported to have said that 'Muslims are bound by their stipulations unless it be a condition which turns a haram into halal or a halal into a haram.' Sunan ( Hasan's trans.), III, 1020, Hadith no 3587.] Principles of Islamic Jurisprudence ~ Kamali 236 [12. Abu Dawud, This would seem to be granting Muslims the liberty to pursue their benefits and to commit themselves to that effect provided that this does not amount to a violation of the explicit commands and prohibitions of the Shari'ah. In yet another Hadith, the Prophet is quoted to have said: 'God loves to see that His concessions (rukhas) are observed, just as He loves to see that His strict laws ( aza'im) are observed.' [13. Ibn al-Qayyim, I'lam, II, 242; Mustafa Zayd, Maslahah, p. 120.] 'this would confirm the doctrine that no unnecessary rigour in the enforcement of the ahkam is recommended, and that the Muslims should avail themselves of the flexibility and concessions that the Lawgiver has granted them and utilise them in pursuit of their masalih. The rigorous approach that the Zahiri ulema have taken in regard to maslahah, as will later be discussed, tends to oppose the purport of this Hadith. Technically, however, the concept of maslahah mursalah does not apply to the rulings of the Prophet. When there is a Prophetic ruling in favour of a maslahah, it becomes part of the establ...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

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