Principles of Islamic Jurisprudence by MH kamali

But in the absence of such accompanying evidence in

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Unformatted text preview: ligation and must be completed. For example, when a person starts a supererogatory fast, according to this view, it is obligatory that he complete it, and failure to do so renders him liable to the duty of belated performance (qada'). But according to the Shafi'is, whose view here is generally preferred, the mandub is never turned into wajib and always remains as mandub, thereby leaving the person who has started it with the choice of discontinuing it whenever he wishes. There is thus no duty of belated performance (qada') on account of failure to complete a mandub. Ghazali, Mustasfa, I, 48; Abu 'Id, Mabahith, pp. 72-74; Qasim, Usul, p. 322.] I.3 Haram (Forbidden) According to the majority of ulema, haram (also known as mahzur) is a binding demand of the lawgiver in respect of abandoning something, which may be founded in a definitive or a speculative proof. Principles of Islamic Jurisprudence ~ Kamali 284 [20. Committing the haram is punishable and omitting it is rewarded. But according to the Hanafis, haram is a binding demand to abandon something which is established in definitive proof; if the demand is founded in speculative evidence, it constitutes a makruh tahrimi, but not haram. The former resembles the latter in that committing both is punished and omitting them is rewarded. But the two differ from one another insofar as the willful denial of the haram leads to infidelity, which is not the case with regard to makruh tahrimi. [21. Qasim, Usul, p. 225; Aghnides, Muhammedan Theories, p. 89; Abdur Rahim, Jurisprudence, p. 198.] The textual evidence for haram occurs in a variety of forms, which may be summarised as follows: Firstly, the text may dearly use the word haram or any of its derivatives. For example, the Qur'anic text which provides, 'forbidden to you [hurrimat 'alaykum] are the dead carcass, blood and pork' (alMa'idah, 5:3); and `God permitted sale but prohibited [harrama] usury (al-Baqarah, 2:275). Similarly, the Hadith which provides, 'everything belonging to a Muslim is forbidden [haram] to his fellow Muslims: his blood, his property and his honour'. [22. Muslim, Sahih Muslim, p. 473, Hadith no. 1775.] Secondly, haram may be conveyed in other prohibitory terms which require the avoidance of a certain form of conduct. For example, there is the Qur'anic text which provides, 'slay not [la taqtulu] the life that God has made sacrosanct, save in the course of justice' (al-Ma'idah, 5:90); and 'devour not [la ta' kulu] one another's property in defiance of the law' (al-Baqarah, 2:188). Thirdly, haram may be communicated in the form of a command to avoid a certain form of conduct. For example: there is the Qur'anic text which provides that wine-drinking and gambling are works of the devil and then orders the believers to 'avoid it (al-Ma'idah, 5:90). Fourthly, haram may be communicated through expressions such as 'it is not permissible' or 'it is unlawful' in a context which is indicative of total prohibition. For example, the Qur'anic text which proclaims that `it is not permissible for you [la yahillu lakum] to inherit women against their will' (alNisa', 4:19), or the Hadith which provides 'it is unlawful [la yahillu] for a Muslim to take the property of another Muslim without his consent'....
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