Principles of Islamic Jurisprudence by MH kamali

Amidi ihkam iii 180 badran usul p 50 the adillah

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Unformatted text preview: ariyyah have been further classified into mustaqill and muqayyad, that is independent and dependent proofs respectively. The first three sources of the Shari'ah are each an independent asl, or dalil mustaqill, that is, a proof in its own right. Qiyas on the other hand is an asl or dalil muqayyad in the sense, as indicated above, that its authority is derived from one or the other of the three independent sources. The question may arise as to why ijma has been classified as an independent proof despite the fact that it is often in need of a basis (sanad) in the Qur'an or the Sunnah. The answer to this is that ijma is in need of a sanad in the divine sources for its formulation in the first place. However, once the ijma is concluded, it is no longer dependent on its sanad and it becomes an independent proof. Unlike qiyas, which continues to be in need of justification in the form of a 'illah, a conclusive ijma' is not in need of justification and is therefore an independent asl. [Amidi, Ihkam, I, 260.] Principles of Islamic Jurisprudence ~ Kamali 20 The only other classification or adillah which needs to be mentioned is their division into definitive (qati) and speculative (zanni) proofs. This division of dalil shar'i contemplates the proofs of Shari'ah not only in their entirety but also in respect of the detailed rules which they contain. In, this way, the Quran, Sunnah and ijma' are definitive proofs in the sense that they are decisive and binding. However each of these sources contains speculative rules which are open to interpretation. A dalil in this sense is synonymous with hukm. A Dalil may be qati in regards to both transmission (riwayah) and meaning (dalalah). The clear injunctions of the Quran and Hadith Mutawatir are all qati in respect of both transmission and meaning. We shall have occasion later to elaborate on this subject in the context of the characteristic features of Quranic legislation. Suffice it here to say that the Quran is authentic in all of its parts, and therefore of proven authenticity (qati al-thubut). The solitary, or ahad, Hadith on the other hand is of speculative authenticity and therefore falls under the category of speculative proofs. [Shawkani, Irshad, p. 47; Badran, Usul, p. 53; Hitu, Wajiz, p. 305.] Similarly, a ruling of ijma may have reached us by continuous testimony (tawatur) in which case it would be definitely proven (qati al-thubut). But when ijma is transmitted through solitary reports, its authenticity would be open to doubt and therefore zanni al-thubut. The text of the Quran or the Hadith may convey a command or a prohibition. According to the general rule, a command (amr) conveys obligation (wujub), and prohibition (nahy) conveys tahrim unless there is evidence to suggest otherwise. It is in the light of the wording of the text, its subject-matter and other supportive evidence that the precise shari value of a textual ruling can be determined. A command may thus imply a recommendation (nadb) or a mere perm...
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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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