Principles of Islamic Jurisprudence by MH kamali

Bathing in small ponds below a certain depth is not

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Unformatted text preview: ust be implemented accordingly. This style of the Qur'anic legislation suggests that if recourse to mafhum al-mukhalafah were generally valid, there would be no need for it to be explicitly spelled out in the Qur'anic text. The Qur'an, in other words, is self-contained and does not leave it to us to deduce the law from it by recourse to divergent interpretation. Note, for example, the text which instructs the husband to avoid sexual intercourse with his wife during her menstruation. The text then immediately follows on to specify its own divergent implication: 'And approach them not until they are clean. But when they have purified themselves, you may approach them' (al-Baqarah, 2:223). In the same sura, there is another text, to which reference has already been made, concerning the prohibition of marriage between the step-daughter and her step-father who has consummated the marriage with her mother. The text then continues to specify its divergent meaning by providing that 'there is no prohibition if you have not consummated the marriage' (al-Baqarah, 2:23). The Hanafis have thus concluded that mafhum al-mukhalafah is not applicable to the nusus of the Qur'an and Sunnah. We only deduce from the nusus such rules as are in harmony with their explicit terms. 118.] [29. Abu Zahrah, Usul, pp. 117- The Shafi'is and the Malikis who validate the application of mafhum al-mukhalafah to the nusus have, in addition to the conditions that were earlier stated, imposed further restrictions which consist of specifying exactly what forms of linguistic expressions are amenable to this method of interpretation. For this purpose the Shafi'is have sub-divided mafhum al-mukhalafah into four types. The main purpose of this classification is to introduce greater accuracy into the use of mafhum al-mukhalafah, specifying that it is an acceptable method of deduction only when it occurs in any of the following forms but not otherwise: 1. Mafhum al-Sifah (Implication of the Attribute). When the ruling of a text is dependent on the fulfillment of a quality or an attribute then the ruling in question obtains only when that quality is present; otherwise it lapses. This can be shown in the Qur'anic text on the prohibited degrees of Principles of Islamic Jurisprudence ~ Kamali 128 relations in marriage which includes 'the wives of your sons proceeding from your loins' (al-Nisa' 4:23). The pronounced meaning of this text is the prohibition of the wife of one's own son in marriage. The son has thus been qualified in the text by the phrase 'proceeding from your loins'. By way of mafhum almukhalafah, it is concluded from this qualification that the wife of an adopted son, or of a son by fosterage (rada'a), that is a child who has suckled the breast of one's wife, is not prohibited. p. 432; Salih, Mabahith, p. 302; Khudari, Usul, p. 123.] 2. Mafhum al-Shart (Implication of the Condition). When the ruling of a text is contingent on a condition, then the ruling obtains only in the presence of that condition, and lapses otherwise. An example of this is the Qur'anic text on the entitlement to maintenance of d...
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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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