Principles of Islamic Jurisprudence by MH kamali

b the reporters must base their report on sense

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Unformatted text preview: lso be based on certain knowledge, not mere speculation. If, for example, the people of Islamabad inform us of a person they thought was Zayd, or a bird they thought was a pigeon, neither would amount to certainty. [99. Ghazali, Mustasfa, I, 86; Khudari, Usul, p. 214.] c. Some ulema have advanced the view that the reporters must be upright persons ('udul), which means that they must neither be infidels nor profligates (kuffar wa-fussaq). The correct view, however, is that neither of these conditions are necessary. What is essential in Mutawatir is the attainment of certainty, and this can be obtained through the reports of non-Muslims, profligates and even children who have reached the age of discernment, that is, between seven and fifteen. The position is, of course, entirely different with regard to solitary Hadith, which will be discussed later. [100. Shawkani, Irshad, p.48; Hitu, Wajiz, p.295.] d. That the reporters are not biased in their cause and are not associated with one another through a political or sectarian movement. And finally, all of these conditions must be met from the origin of the report to the very end. [101. Ghazali, Mustasfa, I, 86; Shawkani, Irshad, p.48.] What is the value (hukm) of the Mutawatir? According to the majority of ulema, the authority of a Mutawatir Hadith is equivalent to that of the Qur'an. Universal continuous testimony (tawatur) engenders certainty (yaqin) and the knowledge that it creates is equivalent to knowledge that is acquired through sense-perception. Most people, it is said, know their forefathers by means of Mutawatir reports just as they know their children through sense-perception. Similarly, no one is likely to deny that Baghdad was the seat of the caliphate for centuries, despite their lack of direct knowledge to that effect. Principles of Islamic Jurisprudence ~ Kamali 70 When the reports of a large number of the transmitters of Hadith concur in their purport but differ in wording or in form, only their common meaning is considered Mutawatir. This is called Mutawatir bi'lma'na, or conceptual Mutawatir. Examples of this kind of Mutawatir are numerous in the Hadith. Thus the verbal and actual Sunnah which explain the manner of performing the obligatory prayers, the rituals of hajj, fasting, the quantities of zakah, rules relating to retaliation (qiyas) and the implementation of hudud, etc., all constitute conceptual Mutawatir. For a large number of the Companions witnessed the acts and sayings of the Prophet on these matters, and their reports have been transmitted by multitudes of people throughout the ages. [102. Isnawi, Nihayah, II, 185; Abu Zahrah, Usul, p. 84; Khallaf, 'Ilm, p. 41.] The other variety of Mutawatir, which is of rare occurrence compared to the conceptual Mutawatir, is called Mutawatir bi'llafz, or verbal Mutawatir. In this type of Mutawatir, all the reports must be identical on the exact wording of the Hadith as they were uttered by the Prophet himself. For example the Hadith which reads: 'Whoever lies about me deli...
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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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