Principles of Islamic Jurisprudence by MH kamali

A substantial part of the sunnah is in fact of this

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Unformatted text preview: , respect for the property of others, and ahadith which regulate homicide, theft and false testimony, etc., basically reaffirm the Qur'anic principles on these subjects. [64. Siba'i, Al-Sunnah, p. 379; Khallaf, 'Ilm, p. 39; Badran, Usul, p. 102.] To be more specific, the Hadith that "it is unlawful to take the property of a Muslim without his express consent, Bayhaqi, Al-Sunan al-Kubra', III, 10.] merely confirms the Qur'anic ayah which orders the Muslims to "devour not each other's properties unlawfully unless it is through trade by your consent (al-Nisa, 4:19). The origin of this rule is Qur'anic, and since the foregoing Hadith merely reaffirms the Quran, there is no room for saying that it constitutes an independent authority in its own right. Secondly, the Sunnah may consist of an explanation or clarification to the Quran; it may clarify the ambivalent (mujmal) of the Quran, qualify its absolute statements, or specify the general terms of the Qur'an. This is once again the proper role that the Sunnah plays in relationship to the Quran: it explains it. Once again a substantial part of the Sunnah falls under this category. It is, for example, through this type of Sunnah that Qur'anic expressions like salah, zakah, hajj and riba, etc., have acquired their juridical (shari') meanings. To give another example, with regard to the contract of sale the Qur'an merely declares sale to be lawful as opposed to riba, which is forbidden. This general principle has later been elaborated by the Sunnah which expounded the detailed rules of Shari'ah concerning sale, including its conditions, varieties, and sales which might amount to riba. The same could be said of the lawful and unlawful varieties of food, a subject on which the Qur'an contains only general guidelines while the Sunnah provides the details. [66. Ibn Qayyim, I'lam, II, 238; Siba'i, Al-Sunnah, p. 380; Badran, Usul, pp. 103-105.] Again, on the subject of bequest, the Qur'an provides for the basic legality of bequest and the rule that it must be implemented prior to the distribution of the estate among the heirs (al-Nisa', 4:12). The Sunnah supplements these principles by enacting additional rules which facilitate a proper implementation of the general principles of the Qur'an. [67. Badran, Bayan, p. 6.] The foregoing two varieties of Sunnah between them comprise the largest bulk of Sunnah, and the ulema are in agreement that these two types of Sunnah are integral to the Qur'an and constitute a logical Principles of Islamic Jurisprudence ~ Kamali 62 [65. whole with it. The two cannot be separated or taken independently from one another. It is considered that the Sunnah which qualifies or elaborates the general provisions of the Qur'an on devotional matters (ibadat), on the punishment of theft, on the duty of zakat, and on the subject of bequest, could only have originated in divine inspiration (ilham), for these cannot be determined by means of rationality and ijtihad alone. [68. Badran, Bayan, p. 7.] Thirdly, the Sunnah may consist of rulings on which the Qur'an is silent, in which case the ruling in question originates in the Sunnah itself...
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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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