Unformatted text preview: erty of their orphaned wards for their personal gain. But by way of inference the same prohibition is extended to other forms of destruction and waste which might have been caused, for example, through financial mismanagement that does not involve personal gain and yet leads to the loss and destruction of the property of the orphans. Although the text provides no indication as to the different ways in which destruction can be caused, they are nevertheless equally forbidden. As already stated, this kind of inference is equivalent to what is known as obvious analogy (qiyas jali) which consists of identifying the effective cause of a textual ruling, and when this is identified the original ruling is analogically extended to all similar cases. The effective cause of the ruling in the foregoing ayah is protection of the orphans' property, and any act which causes destruction or loss of such property falls under the same prohibition. [9. Khallaf, 'Ilm, p. 150.] IV. The Required Meaning (Iqtida' al-Nass) This is a meaning on which the text itself is silent and yet which must be read into it if it is to fulfill its proper objective. To give an example, the Qur'an proclaims concerning the prohibited degrees of relations in marriage: 'unlawful to you are your mothers and your daughters . . .' (al-Nisa', 4:22). This Principles of Islamic Jurisprudence ~ Kamali 121 text does not mention the word 'marriage', but even so it must be read into the text to complete its meaning. Similarly we read elsewhere in the Qur'an: 'unlawful to you are the dead carcass and blood' (al-Ma'idah, 5:3), without mentioning that these are unlawful 'for consumption'. But the text requires the missing element to be supplied in order that it may convey a complete meaning. To give a slightly different example of iqtida' al-nass, we may refer to the Hadith which provides: "There is no fast (la siyama) for anyone who has not intended it from the night before." The missing element could either be that the fasting is 'invalid' or that it is 'incomplete'. The Hanafis have upheld the latter whereas the Shafi'is have read the former meaning into this Hadith. Whichever meaning is upheld, the consequences that it may lead to will vary accordingly. no. 1700; Badran, Usul, p. 424.] [10. Ibn Majah, Sunan, I, 542, Hadith To summarise, a legal text may be interpreted through the application of any one or more of the four varieties of textual implications. The meaning that is arrived at may be indicated in the words of the text, by the signs which occur therein, by inference, or by the supplementation of a missing element. These methods of legal construction may be applied individually or in combination with one another, and they are all designed to carry the text to its proper and logical conclusions. As stated above, in the event of a conflict between the 'ibarah al-nass and the isharah al-nass, the former prevails over the latter. This may be illustrated by a reference to the two Qur'anic ayat concerning the punishment of murder. One of these explicitly proclaims that 'retaliation is prescribed for you...
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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.
- Spring '13