Principles of Islamic Jurisprudence by MH kamali

Principles of Islamic Jurisprudence by MH kamali

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Unformatted text preview: e conclusion that this ayah provides a clear authority for ijma `. According to him, following a way other than that of the believers is haram, and following the believers' way is wajib. [31. Ghazali, Mustasfa, I, 111.] But despite this, al-Ghazali explains that the main theme of this ayah is a warning against disobedience to the Prophet and hostility against the believers. It requires the believers to give the Prophet active support and defend him against enemies. It is not enough for a believer merely to avoid causing hardship (mashaqqa) to the Prophet; he must actively help him and obey all his commands and prohibitions. This is the main theme of the ayah. The Prophet himself has not given it a specific interpretation to warrant a departure from its manifest (zahir) meaning. The Prophet, in other words, has not made any reference to ijma` in this context From this Principles of Islamic Jurisprudence ~ Kamali 163 analysis, it would appear that al-Ghazali does not agree with the conclusion that al-Shafi'i has drawn from this ayah. Jalal al-Din al-Suyuti's interpretation of the same ayah is broadly in line with what al-Ghazali had to say. There is no indication in al-Suyuti's Tafsir al-Jalalayn to the effect that this ayah provides an explicit authority for ijma'. [32. Suyuti, Tafsir, I, 87.] Following a path other than that of the believers', according to both al-Suyuti and al-Shawkani, means abandoning Islam. Al-Shawkani adds: 'A number of ulema have drawn the conclusion that this ayah provides the authority for ijma'. But this is an unwarranted conclusion, as following a way other than that of the believers means unbelief, that is, renouncing Islam in favour of another religion.' AlShawkani further suggests that the occasion of revelation (sha'n al-nuzul) of this ayah relates to the context of apostasy. Specifically, it is reported that one Tu`mah b. Ubayraq had accused a Jew of a theft which Tu'mah had committed himself. As a result of the revelation of this ayah, the Jew was cleared of the charge but Tu`mah himself renounced Islam and fled to Mecca. 75. For a good summary of Shawkani's views on the subject see Sadr, ijma' , pp. 30-40.] [33. Shawkani, Fath al-Qadir, I, 515; idem., Irshad, p. Muhammad 'Abduh and his disciple, Rashid Rida have observed that the ayah under discussion was revealed concerning the 'way of the believers' during the lifetime of the Prophet, and its application must be confined to that period. For hostility toward the Prophet was only possible when he was alive. `Abduh further remarks that to quote this ayah in support of ijma` leads to irrational conclusions, for it would amount to drawing a parallel between those who are threatened with the punishment of Hell and a mujtahid who differs with the opinion of others. A mujtahid, even when he takes an exception to the prevalent opinion, or to the path followed by other mujtahidun, is still a Muslim, and even merits a reward for his efforts. 'Abduh concludes that the sha'n al-nuzul of this ayah does not lend support to the conclusion that al-Shafi'i has drawn from it. [34. Rashid Rida, Tafsir al-Manar, V, 201. For a similar view see Sadr, Ijma', p.40.] It is fur...
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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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