Principles of Islamic Jurisprudence by MH kamali

Hence anything which specifies the amm can qualify

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: , or 'a bird' as 'a huge bird' or 'a man' as 'a wise man'. The Muqayyad differs from the Khass in that the former is a word which implies an unspecified individual/s who is merely distinguished by certain attributes and qualifications. An example of Mutlaq in the Qur'an is the expiation (kaffarah) of futile oaths, which is freeing a slave (fa-tahriru raqabatin) in sura al-Ma'idah, (5:92). The command in this text is not limited to any kind of slaves, whether Muslim or non-Muslim. Yet in another Qur'anic passage the expiation of erroneous killing consists of 'freeing a Muslim slave' (fa-tahriru raqabatin mu'minatin) (al-Nisa', 4:92). Principles of Islamic Jurisprudence ~ Kamali 110 In contrast to the first text, which is conveyed in absolute terms, the command in the second ayah is qualified in that the slave to be released must be a Muslim. The Mutlaq remains absolute in its application unless there is a limitation to qualify it. Thus the Qur'anic prohibition of marriage 'with your wives' mothers' in sura al-Nisa' (4:23) is conveyed in absolute terms, and as such, marriage with one's mother-in-law is forbidden regardless as to whether the marriage with her daughter has been consummated or not. Since there is no indication to qualify the terms of the Qur'anic command, it is to be implemented as it is. But when a Mutlaq is qualified into a Muqayyad, the latter is to be given priority over the former. Thus if we have two texts on one and the same subject, and both convey the same ruling (hukm) as well as both having the same cause (sabab) but one is Mutlaq and the other Muqayyad, the latter prevails over the former. To illustrate this in the Qur'an, we refer to the two ayat on the prohibition of blood for human consumption. The first of these, which occurs in absolute terms, provides, 'forbidden to you are the dead carcass and blood' (al-Ma'idah, 5:3). But elsewhere in the Qur'an there is another text on the same subject which qualifies the word 'blood' as 'blood shed forth' (daman masfuhan) (al-An'am, 6:145). This second ayah is a Muqayyad whereas the first is Mutlaq, hence the Muqayyad prevails. It will be noted here that the two texts convey the same ruling, namely prohibition, and that they have the same cause or subject in common (i.e. consumption of blood). When this is the case, the ulema are in agreement that the Muqayyad qualifies the Mutlaq and prevails over it. [67. Khallaf, 'Ilm, p.193; Abdur Rahim, Jurisprudence, pp. 91-92.] However if there are two texts on the same issue, one absolute and the other qualified, but they differ with one another in their rulings and in their causes, or in both, then neither is qualified by the other and each will operate as it stands. This is the view of the Hanafi and Maliki schools, and the Shafi'is concur insofar as it relates to two texts which differ both in their respective rulings and their causes. However the Shafi'is maintain the view that if the two texts vary in their ruling (hukm) but have the same cause in common, the Mutlaq is qual...
View Full Document

Ask a homework question - tutors are online