Principles of Islamic Jurisprudence by MH kamali

16 ghazali mustasfa i 42 i2 mandub recommended mandub

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Unformatted text preview: has done at one time but omitted at other times, it is called Sunnah. There are two types of Sunnah, namely Sunnah mu'akkadah (the emphatic Sunnah, also known as Sunnah al-huda), and Sunnah ghayr mu'akkadah, or supererogatory Sunnah. The call to congregational prayers (i.e. the adhan), attending congregational prayers, and gargling as a part of the ablution (wudu') are examples of the former, whereas non-obligatory charity, and supererogatory prayers preceding the obligatory salah in early and late afternoon (i.e. zuhr, and 'asr) are examples of supererogatory Sunnah. Performing the emphatic Sunnah leads to spiritual reward from Almighty God while its neglect is merely blameworthy but not punishable. However, if the entire population of a locality agree to abandon the emphatic Sunnah, they are to be fought for contempt of the Sunnah. To perform the Principles of Islamic Jurisprudence ~ Kamali 283 supererogatory Sunnah, on the other hand, leads to spiritual reward while neglecting it is not blameworthy. There is a third variety of Sunnah known as Sunnah al-zawa id, which mainly refers to the acts and conduct performed by the Prophet as a human being, such as his style of dress and choice of food, etc., whose omission is neither abominable nor blameworthy. [18. Abu 'Id, Mabahith, p.71; Khudari, Usul, p.46.] Mandub often occurs in the Qur'an in the form of a command which is then accompanied by indications to suggest that the command is only intended to convey a recommendation. An example of this is the Qur'anic command which requires that giving and taking of period loans must be set down in writing (al-Baqarah, 2:282). But the subsequent portion of the same passage provides that `if any of you deposits something with another, then let the trustee [faithfully] discharge his trust'. This passage implies that if the creditor trusts the debtor, they may forego the requirement of documentation. Another example of a command which only denotes a recommendation is the Qur'anic provision regarding slaves, where the text provides, `and if any of your slaves seek their release from you in writing, set them free [fa-katibuhum] if you know any good in them' (al-Nur, 24:3). The last portion of this text indicates an element of choice which renders the command therein mandub. But in the absence of such accompanying evidence in the text itself, the Qur'anic command is sometimes evaluated into mandub by reference to the general principles of the Shari'ah. Sometimes the mandub is conveyed in persuasive language rather than as a command per se. An example of this is the Hadith which provides: `Whoever makes an ablution for the Friday prayers, it is good, but if he takes a bath, it is better -[afdal]. [19. Tabrizi, Mishkat, I, 168, Hadith no. 540.] A question arises in this connection as to whether the mandub remains a mandub once it has been started, or becomes obligatory of continuation until it is completed. The Hanafis have held that once the mandub is commenced, it turns into an ob...
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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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