Principles of Islamic Jurisprudence by MH kamali

For example the quranic ayah which prohibits saying

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Unformatted text preview: t to 'distribute this charity among the Muslims', but by saying so he had actually intended people in need, whether Muslims or non-Muslims, and yet omitted to mention the latter for fear of being accused of disunity by his fellow Muslims. Should there be evidence as to the existence of such a fear, then no divergent meaning should be deduced. A similar case would be when a person says that 'maintenance is obligatory for ascendants and descendants', while he did not know that collaterals are also entitled to maintenance. Should there be evidence as to his ignorance on this point, then no divergent meaning should be attempted to the effect, for example, of saying that maintenance is not obligatory for collaterals. Thirdly, that the divergent meaning does not go against that which is dominant and customary in favour of something which is infrequent and rare. To give an example: the Qur'an provides concerning the prohibited degrees of relationship in marriage: 'and forbidden to you are [...] your step-daughters who live with you, born of your wives with whom you have consummated the marriage; but there is no prohibition if you have not consummated the marriage' (al-Nisa', 4:23). This text is explicit on the point that marriage to a step-daughter who is under the guardianship of her stepfather is forbidden to the latter. By way of mafhum al-mukhalafah, this ayah might be taken to mean that a step-daughter who does not live in the house of her mother's husband may be lawfully married by the latter. But this would be a meaning which relies on what would be a rare situation. The probable and customary situation in this case would be that the step-daughter lives with her mother and her stepfather, which is why the Qur'an refers to this qualification, and not because it was meant to legalise marriage with the step-daughter who did not live with him . [24. Hitu, Wajiz, p.125; Badran, Usul, p. 433.] Fourthly, that the original text is not formulated in response to a particular question or event. For instance, the Prophet Principles of Islamic Jurisprudence ~ Kamali 126 [23. Zuhayr, was once asked if free-grazing livestock was liable to zakah; and he answered in the affirmative. But this answer does not imply that the stall-fed livestock is not liable to zakah. The answer was originally given to a question which specified the free-grazing livestock and not in order to exempt the stall-fed variety from zakah. Fifthly, that the divergent meaning does not depart from the reality, or the particular state of affairs, which the text is known to have envisaged. For example the Qur'an provides in a reference to relations between Muslims and non-Muslims: 'Let not the believers befriend the unbelievers to the exclusion of their fellow believers' (Al-'Imran, 3:28). This ayah apparently forbids friendship with the unbelievers, but this is not the purpose of the text. This ayah was, in fact, revealed in reference to a particular state of affairs, namely concerning a group of believers who exclusively befriended the unbelievers, and they were forbidden from doing this; it did not mean...
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