Principles of Islamic Jurisprudence by MH kamali

54 amidi ihkam iii146ff fifth that the two texts are

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Unformatted text preview: is likely to be one of specification (takhsis), or qualification (taqyid) rather than abrogation. Wajiz, p.244; Khallaf, Ilm, p. 223.] Types of Naskh Abrogation may either be explicit (sarih), or implicit (dimni). In the case of explicit abrogation, the abrogating text clearly repeals one ruling and substitutes another in its place. The facts of abrogation, including the chronological order of the two rulings, the fact that they are genuinely in conflict, and the nature of each of the two rulings, and so forth, can be ascertained in the relevant texts. An example of this is the Hadith which provides: `I had forbidden you from visiting the graves. Nay, visit them, for they remind you of the hereafter.' [18. Tabrizi, Mishkat, I, 552, Hadith no.1762; Muslim, Sahih, p.340.] In another Hadith the Prophet is reported to have said, `I had forbidden you from storing away the sacrificial meat because of the large crowds. You may now store it as you wish.' Ihkam, III, 181.] Principles of Islamic Jurisprudence ~ Kamali 143 [17. Hitu, [19. Ghazali, Mustasfa, I, 83. Amidi, The initial order not to store the sacrificial meat during the id festival (`id al-Adha) was given in view of the large number of visitors who attended the festival in Madinah, where the Prophet desired that they should be provided with necessary foodstuffs. The restriction was later removed as the circumstances had changed. In both these examples, the text leaves no doubt as to the nature of the two rulings and all the other relevant facts of abrogation. An example of explicit abrogation in the Qur'an is the passage in sura al-Baqarah (2: 142-144) with regard to the change in the direction of the qiblah from Jerusalem to the Ka'bah. The relevant text of the Qur'an as to the direction of the qiblah before and after the new ruling is clear, and leaves no doubt with regard to the facts of abrogation and the nature of the change which was effected thereby. [20. Another instance of explicit naskh in the Qur'an is the passage in sura al-Anfal (8:65-66) which encouraged the Muslims to fight the unbelievers. The passage reads as follows: 'If there be of you twenty steadfast persons, they shall overcome two hundred, and if there be one hundred of you, they shall overcome one thousand.' The subsequent ayah reviewed these figures as follows: `Now Allah has lightened your burden [...] if there be of you one hundred steadfast persons, they shall overcome two hundred, and if there be of you one thousand, they shall overcome two thousand.'] In the case of implicit abrogation, the abrogating text does not clarify all the relevant facts. Instead we have a situation where the Lawgiver introduces a ruling which is in conflict with a previous ruling and the two cannot be reconciled, while it remains somewhat doubtful whether the two rulings present a genuine case for abrogation. An example of implicit abrogation is the ruling in sura al-Baqarah (2:180) which permitted bequests to one's parents and relatives. This was subsequently abrogated by another text (al-Nisa, 4:11) which entitled the legal heirs to specific shares in inheritance. Notwithstanding the fact that the two rulings are not diametrically opposed to one another and...
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