Principles of Islamic Jurisprudence by MH kamali

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Unformatted text preview: rogation. Another subject is the Shari'ah of Islam itself, which is the last of the revealed laws and can never be abrogated in its entirety. [13. Ghazali, Mustasfa, I,72.] The ulema are also in agreement that rational matters and moral truths such as the virtue of doing justice or being good to one's parents, and vices such as the enormity of telling lies, are not changeable and are therefore not open to abrogation. Thus a vice cannot be turned into a virtue or a virtue into a vice by the application of naskh. Similarly the nusus of the Qur'an and Sunnah which relate the occurrence of certain events in the past are not open to abrogation. To give an example, the following Qur'anic text is not amenable to the application of naskh: `As for the Thamud, they were destroyed by a terrible storm, whereas the `Ad were destroyed by a furious and violent wind' (al-Haqqah, 69:5-6). To apply naskh to such reports would imply the attribution of lying to its source, which cannot be entertained. p.454; Hitu, Wajiz, p. 244.] To summarise the foregoing: no abrogation can take place unless the following conditions are satisfied. First, that the text itself has not precluded the possibility of abrogation. An example of this is the Qur'anic provision concerning persons who are convicted of slanderous accusation (qadhf) that they may never be admitted as witnesses (al-Nur, 24:4). Similarly the Hadith which proclaims that `jihad shall remain valid till the day of resurrection', obviously precludes the possibility of abrogating the permanent validity of jihad. [15. Abu Dawud, Sunan, II, 702, Hadith no. 2526; Abu Zahrah, Usul, p. 150.] Second, that the subject is open to the possibility of repeal. Thus the attributes of God and the principles of belief, moral virtues and rational truths, etc., are not open to abrogation. Third, that the abrogating text is of a later origin than the abrogated. Fourth, that the two texts are of equal strength in regard to authenticity (thubut) and meaning (dalalah). Thus a textual ruling of the Qur'an may be abrogated either by another Qur'anic text of similar strength or by a Mutawatir Hadith, and, according to the Hanafis, even by a Mashhur Hadith, as the latter is almost as strong as the Mutawatir. By the same token, one Mutawatir Hadith may abrogate another. However, according to the preferred (rajih) view, neither the Qur'an nor the Mutawatir Hadith may be abrogated by a solitary Hadith. According to Imam Shafi'i, however, the Sunnah, whether as Mutawatir or Ahad, may not abrogate the Qur'an. Principles of Islamic Jurisprudence ~ Kamali 142 [14. Badran, Usul, [16. Shafi'i, Risalah, p.54; Amidi, Ihkam, III,146ff.] Fifth, that the two texts are genuinely in conflict and can in no way be reconciled with one another. And lastly, that the two texts are separate and are not related to one another in the sense of one being the condition (shart), qualification (wasf) or exception (istithna') to the other. For when this is the case, the issue...
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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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