Principles of Islamic Jurisprudence by MH kamali

God loves the fairminded he only forbids you to be

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Unformatted text preview: religion and evicted you from your homes and have abetted others in your eviction. Those who befriend them are wrongdoers (al-Mumtahinah, 60:8-9). Principles of Islamic Jurisprudence ~ Kamali 36 Similarly, the Quranic commandments to do justice are confined to general guidelines and no details are provided regarding the duties of the judge or the manner in which testimony should be given. Al-Islam, p. 501.] On the principles of government, such as consultation, equality and the rights of citizens, the Quran does not provide any details. The general principles are laid down, and it is for the community, the ulema and leaders to organise their government in the light of the changing conditions of society [Sabuni, Madkhal, P. 73.] The Quran itself warns the believers against seeking the regulation or everything by the express terms of divine revelation, as this is likely to lead to rigidity and cumbersome restrictions: 'O you believers, do not keep asking about things which, if they were expounded to you, would become troublesome for you. . .' (5:104). In this way, the Quran discourages the development of an over-regulated society. Besides, what the Qur'an has left unregulated is meant to be devised, in accord with the general objectives of the Lawgiver, through mutual consultation and ijtihad. A careful reading of the Quran further reveals that on matters pertaining to belief, the basic principles of morality, man's relationship with his Creator, and what are referred to as ghaybiyyat, that is transcendental matters which are characteristically unchangeable, the Quran is clear and detailed, as clarity and certainty are the necessary requirement of belief. In the area of ritual performances (ibadat) such as salah, fasting and hajj, on the other hand, although these too are meant to be unchangeable, the Quran is nevertheless brief, and most of the necessary details have been supplied by the Sunnah. An explanation for this is that ritual performances are all of a practical, or 'amali, nature and require clear instructions which are best provided through practical methods and illustration. With regard to salah, legal alms (zakat) and hajj, for example, the Qur'an simply commands the believers to perform the salah, and pay the zakat' and states that 'pilgrimage to the house is a duty, that God has imposed on mankind' (al-Nahl, 116:44 and Al-'Imran, 3:97, respectively). With regard to salah, the Prophet has ordered his followers to 'perform salah the way you see me performing it', and regarding the hajj he similarly instructed people to 'take from me the rituals of the hajj. Muwafaqat, III, 178; Abu Zahrah, Usul, p. 122; Khallaf, Ilm, p. 167.] Principles of Islamic Jurisprudence ~ Kamali 37 [Shatibi, [Shaltut, The details of zakat such as the quorum, the amount to be given and its numerous other conditions have been supplied by the Sunnah. The Quran also contains detailed rules on family matters, the prohibited degrees of relationship in marriage, inheritance and specific punishments for certain crimes. These are, for the most part, associated with human nature and regulate the manner in which man's natural needs...
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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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