Principles of Islamic Jurisprudence by MH kamali

375 hadith no 1424 ghazali mustasfa ii 74 ibn hazm

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Unformatted text preview: to the `illah of a given ruling. Shawkani lists a number of other expressions such as li-alla, min ajli, la'allahu kadha, bi-sahab kadha, etc. all of which are associated with the idea of explaining the causes (Irshad, p. 211).] Alternatively, the text which indicates the `illah may be a manifest nass (al-nass al-zahir) which is in the nature of a probability or an allusion (al-ima' wa'l-isharah). Indications of this type are also understood from the language of the text and the use of certain Arabic particles such as li, fa, bi, anna and inna, which are known to be associated with ta'lil. For example, in the Qur'anic text (al-Ma'idah, 5:38): `as to the thieves, male and female, cut off [fa'qta'u] their hands,' theft itself is the cause of the punishment. Instances of this type are also found in sura al-Nur (24:2 and 4) regarding the punishment of adultery and false accusation respectively. In sura al-Nisa' (4:34) we find another example, as follows: `As for women whose rebellion [nushuz] you fear, admonish them (fa-`izzuhunna) and leave them alone in their beds, and physically punish them.' In this text, nushuz is the effective cause of the punishment. [45. Imam Malik has by analogy extended the same penalties to a husband who ill-treats his wife. He must first be admonished; if he continues, he must continue paying the wife her maintenance but she is not required to obey him; finally he may be subjected to physical punishment. See Abu Zahrah, Usul, p.193.] The writers on usul give numerous examples of instances where the Qur'an provides an indication, however indirect, as to the `illah of its rulings. [46. Note, for example, sura al-Baqarah (2:222) concerning conjugal relations with ones wife during her menstruation, which are to be avoided. The text indicates menstruation to be the 'illah of its ruling. Shawkani, (Irshad, pp. 212-213) provides an exhaustive list of the particles of ta'lil with their illustrations from the Qur'an and the Hadith.] Principles of Islamic Jurisprudence ~ Kamali 193 [44. The text of a Hadith may allude to the `illah of its ruling, There is, for example, a Hadith which provides that the saliva of cats is clean 'for they are usually around you in the homes'. Their domesticity, in other words, is the effective cause of the concession. Thus by way of analogy, all domestic animals would be considered clean, unless it is indicated otherwise And lastly, in the Hadith which provides that `the judge who is in a state of anger may not adjudicate,' anger itself is the `illah of the prohibition. [47. Abu Dawud, Sunan, III, 1018, Hadith no 3582; Ghazali, Mustasfa, II, 75; Shawkani, Irshad, pp. 210, 212.] By analogy, the Companions have extended the ruling of this Hadith to anything which resembles anger in its effect such as extreme hunger and depression. [48. Sha`ban, Usul, p. 151.] Sometimes the word sabab is used as a substitute for 'illah. Although sabab is synonymous with `illah and many writers have used them as such, nevertheless, sabab is normally reserved for devotional acts (ibadat) whose rationale is not perceptible to the human intellect. The text may sometimes provide an indicat...
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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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