Principles of Islamic Jurisprudence by MH kamali

Activities of this nature are not of primary

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Unformatted text preview: ma, the Prophet's preferences in these areas, such as his favorite colors, or the fact that he slept on his right side in the first place, etc., only indicate the permissibility (ibahah) of the acts in question. 12; Khallaf, 'Ilm, p. 43.] The reason given is that such acts could be either wajib or mandub or merely mubah. The first two can only be established by means of positive evidence: wajib and mandub are normally held to be absent unless they are proved to exist. Since there is no such evidence to established that the natural activities of the Prophet fall into either of these two categories, there remains the category of mubah and they fall in this category for which no positive evidence is necessary. Principles of Islamic Jurisprudence ~ Kamali 53 [28. [29. Shaltut, Al-Islam, p. 5 [30. Isnawi, Nihayah, II, 171; Hitu, Wajiz, p. 272. As for the report that the prominent Companion, 'Abd Allah b. 'Umar used to imitate the Prophet in his natural activities too, it is held that he did so, not because it was recommended (mandub), but because of his devotion and affection for the Prophet.] On a similar note, Sunnah which partakes in specialized or technical knowledge such as medicine, commerce and agriculture, is once again held to be peripheral to the main function of the Prophetic mission and is therefore not a part of the Shari'ah. As for acts and sayings of the Prophet that related to particular circumstances such as the strategy of war , including such devices that misled the enemy forces, timing of attack, siege withdrawal these too are considered to be situational and not a part of the Shariah. [31. Shaltut, Al-Islam, p. 512; Khallaf, 'Ilm, p. 43.] There are certain matters which are peculiar to the person of the Prophet so that his example concerning them does not constitute general law. For instance, polygamy above the limit of four, marriage without a dower, prohibition of remarriage for the widows of the Prophet, connected fasting (sawm al-wisal) and the fact that the Prophet admitted the testimony of Khuzaymah b. Thabit as legal proof. The rules of Shari'ah concerning these matters are as stated in the Qur'an, and remain the legal norm for the generality of Muslims. [32. In particular note suras al-Nisa' (4:3), al-Baqarah (2:282) and al-Talaq (65:2).] According to the majority opinion, the position in regard to such matters is partly determined by reference to the relevant text of the Qur'an and the manner in which the Prophet is addressed. When, for example, the Qur'an addresses the Prophet in such terms as 'O you Messenger', or 'O you folded up in garments' (al-Muzzammil, 73:1; al-Muddaththir, 74:1), it is implied that the address is to the Prophet alone unless there is conclusive evidence to suggest otherwise. [33. Hitu, Wajiz, p. 273; Khallaf, 'Ilm, p. 44.] Certain activities of the Prophet may fall in between the two categories of legal and non-legal Sunnah as they combine the attributes of both. Thus it may be difficult to determine whether an act was strictly personal or was intended to set an example for others to follow. It is also known that at times...
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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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