Principles of Islamic Jurisprudence by MH kamali

Because of these and other similar doubts in its

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Unformatted text preview: lema of usul have defined Mursal as a Hadith transmitted by one who has not met with the Prophet, (S) and yet quotes the Prophet, (S) directly. The transmitter may be a Successor or a follower (tabi' al-tabi'i) or anyone after that.' Imam Ahmad b. Hanbal does not rely on it, nor does Imam Shafi'i unless it is reported by a famous Successor who is known to have met with a number of Companions. Thus a Mursal transmitted by prominent Successors such as Said b. al-Musayyib, al-Zuhri, 'Alqamah, Masruq, al-Sha'bi, Hasan al-Basri, Qatadah, etc., is accepted, provided that it fulfills the following conditions. [138. Shawkani, Irshad, p. 64; Abu Zahrah, Usul, p. 87.] Firstly, that the Mursal is supported by another and more reliable Hadith with a continuous chain of transmitters, in which case it is the latter that would represent the stronger evidence. Secondly, that one Mursal is supported by another Mursal, and the latter is accepted and relied upon by the ulema. Thirdly, that the Mursal is in harmony with the precedent of the Companions, in which case it is elevated and attributed to the Prophet. The process here is called raf', and the Hadith is called Marfu'. Principles of Islamic Jurisprudence ~ Kamali 80 Fourthly, that the Mursal has been approved by the ulema, and a number of them are known to have relied on it. Fifthly, that the transmitter of Mursal has a reputation not to have reported weak and doubtful Hadith. For instance the Mursal transmitted by Said b. al-Musayyib or any one of the prominent Successors mentioned above is normally acceptable.' [139. Badran, Usul, p. 100; Khudari, Usul, p.231; Khin, Athar, p.399.] When a Mursal is strengthened in any of these ways, especially when the Successor who has reported it is a leading figure and has met with the Companions, Imam Shafi'i would accept it. But even so, if the Mursal in question is contradicted by another Hadith which is more reliable, the latter will take priority. The foregoing basically explains al-Shafi'i's approach to the Mursal. Imam Abu Hanifah and Imam Malik, on the other hand, are less stringent in their acceptance of the Mursal. They accept not only the Mursal which is transmitted by a Successor, but also one which is transmitted by the second generation of Followers, known as tabi' al-tabi'i. In support of this they quote the Hadith in which the Prophet is reported to have said, 'Honour my Companions, for they are the best among you, then those who follow them and then the next generation; and then lying will proliferate.' Tabrizi, Mishkat, III, 1695, Hadith no. 6003.] [140. Shafi'i, Risalah, p. 904; Isnawi, Nihayah, II, 223; However, both Imams Abu Hanifah and Malik add the proviso that the narrator of a Mursal must be a leading transmitter of Hadith, failing which his report will be unacceptable. They rely on it only when they are assured of the trustworthiness of the narrator. They have held the view that when an upright and learned man is convinced about the truth and reliability of a report, he tends to link it directly to the Prophe...
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