Principles of Islamic Jurisprudence by MH kamali

But the hanafis maintain that when the muqayyad and

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Unformatted text preview: cause in common. But when they differ in either of these respects or in both, then each must stand separately. In this way the Hanafis do not agree with the majority in regard to the qualification of the area of the arms to be wiped in tayammum by the same terms which apply to ablution by water (wudu'). The Hanafis argue that the hukm in regard to tayammum is conveyed in absolute terms and must operate as such. They contend that unlike wudu', tayammum is a shar'i concession, and the spirit of concession should prevail in the determination of its detailed requirements, including the area of the arm that is to be wiped. Khallaf, 'Ilm, pp. 193-194.] Classification IV: The Literal (Haqiqi) and the Metaphorical (Majazi) A word may be used in its literal sense, that is, for its original or primary meaning, or it may be used in a secondary and metaphorical sense. When a word is applied literally, it keeps its original meaning, but when it is used in a metaphorical sense, it is transferred from its original to a secondary meaning on Principles of Islamic Jurisprudence ~ Kamali 112 [69. grounds of a relationship between the two meanings. [70. Abdur Rahim, Jurisprudence, p. 93; Badran, Usul, p. 394.] There is normally a logical connection between the literal and the metaphorical meanings of a word. The nature of this relationship varies and extends over a wide range of possibilities. There are at least thirty to forty variations in how the metaphorical usage of a word may relate to its literal meaning. Irshad, pp. 23-24.] The metaphorical usage of a word thus consists of a transfer from the original to a connected meaning. Once such a transfer has taken place both the original and the metaphorical meanings of a word cannot be assigned to it at one and the same time. Words are normally used in their literal sense, and in the language of the law it is the literal meaning which is relied upon most. Hence if a word is simultaneously used in both these senses, the literal will prevail. When, for example, a person says in his will that 'I bequeath my property to the memorisers of the Qur'an' or to 'my offspring', those who might have memorised the Qur'an but have forgotten it since will not be entitled. Similarly, 'offspring (awlad)' primarily means sons and daughters, not grandchildren. For applying 'awlad' to 'grandchildren' is a metaphorical usage which is secondary to its original meaning. [72. Badran, Usul, p. 395; Hitu, Wajiz, p.115.] Both the Haqiqi and the Majazi occur in the Qur'an, and they each convey their respective meanings. Thus when we read in the Qur'an to 'kill not [la taqtulu] the life which God has made sacrosanct', 'la taqtulu' carries its literal meaning. Similarly the Majazi occurs frequently in the Qur'an. When, for example, we read in the Qur'an that 'God sends down your sustenance from the heavens' (Ghafir, 40:13), this means rain which causes the production of food. Some ulema have observed that Majazi is in the nature of a homonym which could comprise what may be...
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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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