Principles of Islamic Jurisprudence by MH kamali

But according to the majority of ulema the sale takes

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: n is permitted to look at the private parts of a patient even in the case of illnesses which do not constitute an immediate threat to life. Usul, p. 226 ff.] [25. Abu Zahrah, Usul, p. 35; Qasim, Another criterion for distinguishing the two varieties of haram that some ulema have mentioned is that haram li-ghayrih consists of an act which leads to haram li-dhatih. In this way, looking at the private parts of another person is forbidden because it can lead to zina, which is haram by itself. Similarly, marrying two sisters simultaneously is haram because it leads to the severance of ties of kinship (qat`al-arham), which is haram by itself. I.4 Makruh (Abominable) [26. Abu Zahrah, Usul, p.34.] Makruh is a demand of the Lawgiver which requires the mukallaf to avoid something, but not in strictly prohibitory terms. Makruh is the opposite of mandub, which means that neglecting the mandub amounts to makruh. Since makruh does not constitute a binding law, we merely say that omitting something Principles of Islamic Jurisprudence ~ Kamali 286 which is makruh is preferable to committing it. The perpetrator of something makruh is not liable to punishment, and according to the majority of ulema, he does not incur moral blame either. The Hanafis are in agreement with the majority view in respect of only one of the two varieties of makruh, namely makruh tanzihi, but not in regard to makruh tahrimi. The latter, according to the Hanafis, entails moral blame but no punishment. The ulema are all in agreement that anyone who avoids the makruh merits praise and gains closeness to God. [27. Khallaf, 'Ilm, p. 114; Abu Zahrah, Usul, p.36.] The textual authority for makruh may consist of a reference to something which is specifically identified as makruh, or may be so identified by words that may convey an equivalent meaning. There is a Hadith, for example, in which the Prophet discouraged any prayers at midday until the decline of the sun, with the exception of Friday. The actual word used in the Hadith is that the Prophet disliked [kariha al-nabi) prayers at that particular time. [28. Tabrizi, Mishkat, I, 330, Hadith no. 1047.] An equivalent term to makruh occurs, for example, in the Hadith which reads: 'The most abominable of permissible things [abghad al-halal] in the sight of God is divorce.' Mubahith, p. 80.] [29. Tabrizi, Mishkat, II, 978, Hadith no. 3280; Abu 'Id, Makruh may also be conveyed in the form of a prohibition but in language that indicates only reprehensibility. An example of this is the Qur'anic text which provides, in an address directed to the believers, 'Ask not about things which, if made clear to you, would trouble you, but if you ask about them when the Qur'an is being revealed, then they will be explained to you' (al-Ma'idah, 5:101). An example of this style of communication in the Hadith is as follows: 'Leave that of which you are doubtful in favour of that which you do not doubt [. . .]' [30. Tabrizi, Mishkat, II, 845, Hadith no. 2773.] Makruh is the lowest degree of prohibi...
View Full Document

Ask a homework question - tutors are online