Principles of Islamic Jurisprudence by MH kamali

146 sibai al sunnah p 95 azami studies p 62 principles

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Unformatted text preview: ng to a weakness that exists in its chain of narrators or in its textual contents. Its narrator is known to have had a bad memory, or his integrity and piety has been subjected to serious doubt. [147. Siba'i, Sunnah, loc.cit.] There are several varieties of Daif; Mursal is one of them. The ulema of Hadith, including Imam Muslim, do not consider Mursal to amount to a shar'i proof (hujjah). There are other categories of Daif, including Shadhdh, Munkar and Mudtarib which need not be elaborated here. Briefly, Shadhdh is a Hadith with a poor isnad which is at odds with a more reliable Hadith. Munkar is a Hadith whose narrator cannot be classified to be upright and retentive of memory; and Mudtarib is a Hadith whose contents are inconsistent with a number of other reports, none of which can be preferred over the others. [148. Siba'i, Sunnah, p.96.] According to the general rule, the overall acceptability of a Hadith is determined on the weakest element in its proof. Thus the presence of a single weak narrator in the chain of isnad would result in weakening the Hadith altogether. If one of the narrators is suspected of lying whereas all the rest are classified as trustworthy (thiqat) and the Hadith is not known through other channels, then it will be graded as weak. In scrutinising the reliability of Hadith, the ulema of Hadith are guided by the rule that every Hadith must be traced back to the Prophet through a continuous chain of narrators whose piety and reputation are beyond reproach. A Hadith which does not fulfill these requirements is not accepted. A weak or Daif Hadith does not constitute a shar'i proof (hujjah) and is generally rejected. Principles of Islamic Jurisprudence ~ Kamali 83 Chapter Four: Rules of Interpretation I: Deducing the Law from its Sources Introductory Remarks To interpret the Qur'an or the Sunnah with a view to deducing legal rules from the indications that they provide, it is necessary that the language of the Qur'an and the Sunnah be clearly understood. To be able to utilise these sources, the mujtahid must obtain a firm grasp of the words of the text and their precise implications. For this purpose, the ulema of usul include the classification of words and their usages in the methodology of usul al-fiqh. The rules which govern the origin of words, their usages and classification are primarily determined on linguistic grounds and, as such, they are not an integral part of the law or religion. But they are instrumental as an aid to the correct understanding of the Shariah. Normally the mujtahid will not resort to interpretation when the text itself is self-evident and clear. But by far the greater part of fiqh consists of rules which are derived through interpretation and ijtihad. As will be discussed later, ijtihad can take a variety of forms, and interpretation which aims at the correct understanding of the words and sentences of a legal text is of crucial significance to all forms of ijtihad. The function of interpretation...
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