Principles of Islamic Jurisprudence by MH kamali

242 ismail adillah p325 the quran on many occasions

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Unformatted text preview: scribed for those who came before you' (al-Baqarah, 2:183). To give a similar example in the Sunnah, which confirms the ruling of a previous religion, we may refer to the Hadith which makes sacrifice by slaughtering animals lawful for Muslims. The believers are thus instructed to `Give sacrifice, for it is the tradition of your ancestor, Abraham, peace be upon him'. [5. Tabrizi, Mishkat, I, 466, Hadith no.1476; Badran, Usul, p. 235.] 2. The Qur'an or the Sunnah may refer to a ruling of the previous revelation but at the same time abrogate and suspend it, in which case the ruling in question is to be abandoned and discontinued. An example of this can be found in the Qur'an where a reference is made to the prohibition of certain Principles of Islamic Jurisprudence ~ Kamali 207 [3. Badran, Usul, p.234; varieties of food to the Jews while at the same time the prohibitions are lifted from the Muslims. The text thus provides: 'And to the Jews We forbade every animal having claws and of oxen and sheep, We forbade the fat [. . .] Say: nothing is forbidden to eat except the dead carcass, spilled blood, and pork' (al-An'am, 16:146). The second portion of this text clearly removes the prohibitions that were imposed upon the Jews. For a similar example in the Sunnah, we may refer to the Hadith concerning the legality of spoils of war where the Prophet has proclaimed: 'Taking booty has been made lawful to me, but it was not lawful to anyone before me.' [6. Muslim, Sahih, p.301, Hadith no. 1137; Badran, Usul, p.234.] Likewise, the expiation (kaffarah) for sins was not acceptable under the Torah; and when a garment became unclean, the unclean portion had to be cut out according to the rules of Judaism. But these restrictions were lifted with the effect that the Shari'ah of Islam validated expiation for sins, and clothes can be cleaned by merely washing them with clean water. [7. Khallaf, Ilm, p.93; Isma'il, Adillah, p.320.] 3. The Qur'an or the Sunnah may refer to a ruling of the previous revelation without clarifying the position as to whether it should be abandoned or upheld. Unlike the first two eventualities, on which there is little disagreement among jurists, the present situation has given rise to wider differences of opinion. To give an example, we read in the Qur'an, in a reference to the law of retaliation which was enacted in the Torah: 'We ordained therein for them life for life, eye for eye, nose for nose, tooth for tooth and wounds equal for equal' (al-Ma'idah, 5:48). Here there is no clarification as to whether the same law has to be observed by the Muslims. In yet another passage in the same sura the Qur'an stresses the enormity of murder in the following terms: 'We ordained for the children of Israel that anyone who slew a person, unless it be for murder or mischief in the land, it would be as if he slew the whole of mankind' (al-Ma'idah, 5:35). Once again, this ayah narrates a law of the previous revelation but does not specify whether this also constitutes a part of the Shari'ah of Islam. The majority of Hanafi, Maliki, Hanbali and some Shafi'i jurists have held the view that the for...
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