Principles of Islamic Jurisprudence by MH kamali

108 darimi sunan kitab al faraid ii 384 ibn majah

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Unformatted text preview: of prohibitions provided in this ayah does not include simultaneous marriage with the maternal or paternal aunt of one's wife; this is supplied by the Hadith. 3. The Ahad (Solitary Hadith) The Ahad, or solitary Hadith (also known as Khabar al-Wahid), is a Hadith which is reported by a single person or by odd individuals from the Prophet. Imam Shafi'i refers to it as Khabar al-Khassah, which applies to every report narrated by one, two or more persons from the Prophet but which fails to fulfill the requirements of either the Mutawatir or the Mashhur. Mahmassani, Falsafah, p.74.] [109. Shafi'i, Risalah, p.159ff; Abu Zahrah, Usul, p.84; It is a Hadith which does not impart positive knowledge on its own unless it is supported by extraneous or circumstantial evidence. This is the view of the majority, but according to Imam Ahmad b. Hanbal and others, Ahad can engender positive knowledge. [110. Shawkani, Irshad, pp. 48-49.] Some ulema have rejected it on the basis of an analogy they have drawn with a provision of the law of evidence, namely that the testimony of one witness falls short of legal proof. Those who unquestioningly accept the authority of Ahad, such as the Zahiri school, maintain that when the Prophet wanted to deliver a ruling in regard to a particular matter he did not invite all the citizens of Madinah to attend. The majority of jurists, however, agree that Ahad may establish a rule of law provided that it is related by a reliable narrator and the contents of the report are not repugnant to reason. Mahmassani, Falsafah, p. 74.] Many ulema have held that Ahad engenders speculative knowledge acting upon which is preferable only. In the event where other supportive evidence can be found in its favour or when there is nothing to oppose its contents, then acting upon Ahad is obligatory. Zahrah, Usul, p. 85.] But Ahad may not, according to the majority of ulema, be relied upon as the basis of belief (aqidah). For matters of belief must be founded in certainty even if a conjecture (zann) may at time seem preferable. Principles of Islamic Jurisprudence ~ Kamali 73 [111. Amidi, Ihkam, I, 161; [112. Shawkani, Irshad, p. 47; Abu [113. Abu Zahrah, Usul, p. 85; Hitu, Wajiz, p. 305. As for the Ahad pertaining to subsidiary matters which are not essential to dogma such as the torture of the grave ('adhab al-qabr), intercession (shafa'ah), etc., these must be accepted and believed. Anyone who denies them is a sinner (fasiq) but not a kafir, as he denies something which is not decisively proven.] As the Qur'an tells us, 'verily conjecture avails nothing against the truth' (al-Najm, 53:28) Ahad, being conjectural, does not establish the truth. According to the majority of the ulema of the four Sunni schools, acting upon Ahad is obligatory even if Ahad fails to engender positive knowledge. Thus in practical legal matters, a preferable zann is sufficient as a basis of obligation. It is only in matters of belief where conjecture 'avails nothing against the truth'. [114. Badran, Usul, p. 91; Khudari, Us...
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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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