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Unformatted text preview: da'). [37. Hitu, p. 275 ] The foregoing are the categories of acts whose direction and value can be ascertained. However, if no such verification is possible, then one must look at the intention behind its enactment. If a Prophetic act Principles of Islamic Jurisprudence ~ Kamali 55 is intended as a means of seeking the pleasure of God, then it is classified as mandub; and according to a variant view, as wajib. However, if the intention behind a particular act could not be detected either, then it is classified as wajib, and according to a variant view as mandub; but the matter is subject to interpretation and ijtihad. [38. Hitu, p. 276.] (b) All the rulings of Sunnah which originate from the Prophet in his capacity as imam or the Head of State, such as allocations and expenditure of public funds, decisions pertaining to military strategy and war, appointment of state officials, distribution of booty, signing of treaties, etc., partake in the legal Sunnah which, however, does not constitute general legislation (tashri' 'amm). Sunnahs of this type may not be practiced by individuals without obtaining the permission of the competent government authorities first. The mere fact that the Prophet acted in a certain way, or said something relating to these matters, does not bind individuals directly, and does not entitle them to act on their own initiative without the express permission of the lawful authority. [39. Shaltut, Al-Islam, p. 513.] To give an example, according to a Hadith 'whoever kills a warrior [in battle] may take his belongings'. Hadith no. 2715; Ibn Qayyim, I'lam, II, 223.] The ulema have differed as to the precise import of this Hadith. According to one view, the Prophet uttered this Hadith in his capacity as Imam, in which case no-one is entitled to the belongings of his victim in the battlefield without the express authorization of the Imam. Others have held the view that this Hadith lays down a general law which entitles the soldier to the belongings of the deceased even without the permission of the Imam. [41. Shaltut, Al-Islam, p. 515.] It has been observed that the Prophet might have uttered this Hadith in order to encourage the Companions to do jihad in the light of the then prevailing circumstances. The circumstances may have been such that an incentive of this kind was required; or it may be that it was intended to lay down a general law without any regard for particular situations. According to Imam Shafi'i, the Hadith under consideration lays down a general rule of Shari'ah. For this is the general norm in regards to the Sunnah. The main purpose of the Prophet's mission was to lay down the foundations of the Shari'ah, and unless there is an indication to the contrary, one must assume that the purpose of the Hadith in general is to lay down general law. [42. Shaltut, Al-Islam, p. 516.] (c) Sunnah which originates from the Prophet in his capacity as a judge in particular disputes usually consists of two parts: the part which relates to claim...
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