Principles of Islamic Jurisprudence by MH kamali

6 tabrizi mishkat iii 948 hadith no 3178 amidi ihkam

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Unformatted text preview: en married in a single contract of marriage, but that if they had been married in two separate contracts, to retain the one whom he married first, without a contract. The Hanafis have resorted to this ta'wil apparently because of the Shari'ah rule which does not permit two women to be married in a single contract. If this were to be the case, then a new contract would be necessary with the one who is to be retained. But this is regarded as a remote interpretation, one which is not supported by the wording of the Hadith. Besides, al-Daylami was a new convert to Islam who could not be presumed to be knowledgeable of the rules of Shari'ah. Had the Prophet intended the meaning that the Hanafis have given to the Hadith, the Prophet would have clarified it himself. As it is, the Hanafi interpretation cannot be sustained by the contents of the Hadith, which is why it is regarded as far-fetched. more examples of far-fetched interpretation, Amidi, Ihkam, III, 55-64.] [7. Amidi, Ihkam, III, 56; Badran, Usul, p. 401. See for Principles of Islamic Jurisprudence ~ Kamali 87 [5. Ta'wil is relevant and correct if it can be accepted without recourse to forced and far-fetched arguments. The interpretation, for example, which the majority of ulema have given to the phrase 'idha qumtum ila'l-salah' ('when you stand for prayers') in the Qur'anic text concerning the requirement of ablution for salah (al-Ma'idah, 5:7) to mean 'when you intend to pray' is relevant and correct; for without it, there would be some irregularity in the understanding of the text. The passage under discussion reads, in the relevant part: 'O believers, when you stand for salah, wash your faces, and your hands up to the elbows. . . ' 'When you stand for salah' here is understood to mean 'when you intend to perform salah'. The fact that ablution is required before entering the salah is the proper interpretation of the text, as the Lawgiver could not be said to have required the faithful to perform the ablution after having started the salah. [8. Badran, Usul, p. 402.] To set a total ban on ta'wil, and always to try to follow the literal meaning of the Qur'an and Sunnah, which is what the Zahiris have tended to do, is likely to lead to a departure from the spirit of the law and its general purpose. It is, on the other hand, equally valid to say that interpretation must be attempted carefully and only when it is necessary and justified, for otherwise the law could be subjected to arbitrariness and abuse. A correct interpretation is one for which support could be found in the nusus, in analogy (qiyas), or in the general principles of the law. Normally a correct interpretation does not conflict with the explicit injunction of the law, and its accuracy is borne out by the contents of the text itself. [9. Khallaf, 'Ilm, p. 166.] Classification I: Clear and Unclear Words From the viewpoint of clarity (wuduh), words are divided into the two main categories of clear and unclear words. A clear word conveys a concept which is intelligible without recourse to...
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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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