Principles of Islamic Jurisprudence by MH kamali

As for the question of whether a prohibition requires

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Unformatted text preview: avoid the prohibited act as from the moment it is issued and whenever it is applicable. This is the case with regard to prohibitions that are not qualified in any way, such as the Qur'anic text concerning the property of the orphans which provides: 'Do not approach [la taqrabu] the property of the orphan except in the way that is best' (al-An'am, 6:152). However if a prohibition is qualified by a condition that overrules immediate compliance, then it has to be observed within the meaning of that condition. An example of this occurs in the Qur'an (al-Mumtahinah, 60:10) which reads, in an address to the believers: 'When there come to you believing women refugees, examine [and test] them. God knows best as to their faith. If you find that they are believers, then send them not back to the unbelievers.' In this ayah, the prohibition (not to send them back) is conditional upon finding that they are believers, and until then the prohibition must remain in abeyance. Principles of Islamic Jurisprudence ~ Kamali 136 [17. Badran, Usul, p.370.] There is a difference between a command and a prohibition in that the purpose of the former is to create something or to establish the existence of something, and this is realized by a single instance of execution, and there is basically no need for repetition. A prohibition on the other hand aims at the absence of something, and this cannot be realized unless it is absent all the time. A single instance of absence is thus not enough to fulfill the purpose of a prohibition. [18. Hitu, Wajiz, p.151.] As already stated, a command which succeeds a prohibition conveys permissibility only. The position is once again different with regard to a prohibition: whenever a prohibition succeeds a command, it conveys illegality or tahrim, not a mere permissibility. [19. Hitu, Wajiz, p.151.] Injunctions, whether occurring in the Qur'an or the Sunnah, are of two types: explicit (sarih) and implicit (ghayr sarih). Explicit commands and prohibitions require total obedience without any allowance for individual circumstances and regardless as to whether they are found to be rational or not. For it is in the essence of devotion (ibadah) that obedience does not depend on the rationality or otherwise of an injunction. The question arises as to whether one should adopt a literal approach to the enforcement of commands and prohibitions, or should allow considerations of rationality and maslahah to play a part in the manner of their implementation. For example, the Hadith which provides that the owners of livestock must give `one in forty sheep' in zakah 159.] [20. Abu Dawud, Sunan, II, 410, Hadith no.1567;Ghazali, Mustasfa, : should this provision be followed literally, or could we say that the equivalent price of one or many sheep could also be given in zakah? Similarly, when the Qur'an enjoins the Muslims concerning attendance at the Friday congregational prayers to `rush to the remembrance of God and abandon sale' (al-Jumu'ah, 62:9), sho...
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