Principles of Islamic Jurisprudence by MH kamali

Principles of Islamic Jurisprudence by MH kamali

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Unformatted text preview: egoing is a part of the Shari'ah of Islam and the mere fact that the Qur'an refers to it is sufficient to make the law of retaliation binding on the Muslims. For the Lawgiver spoke of the law of the Torah to the Muslims and there is nothing in the Shari'ah of Islam either to abrogate it or to warrant a departure from it. This is the law of God which He spoke of to us that He might be obeyed. It is on the basis of this conclusion that the Hanafis have validated the execution of a Muslim for murdering a non-Muslim (i.e. a dhimmi), and a man for murdering a woman, as they all fall within the meaning of the Qur'anic phrase 'life for life'. Badran, Usul, p.235.] [8. Khallaf, Ilm, p.94; Shaltut, Al-Islam, p. 489; There are some variant opinions on this, but even those who disagree with the Hanafi approach to this issue subscribe to the same principle which they find enunciated elsewhere in the Qur'an. In particular, two ayat have been quoted, one of which proclaims, 'and the punishment of an evil is an evil like it' (al-Shura, 42:40); and the other that, 'Whoever acts aggressively against you, inflict injury on him according to the injury he has inflicted on you, and keep your duty to God [...]' (al- Principles of Islamic Jurisprudence ~ Kamali 208 Baqarah, 2:194). It is thus concluded that these ayat provide sufficient evidence in support of the law of retaliation even without any reference to previous revelations. The majority of the Shafi'is, the Ash'arites, and the Mu'tazilah have maintained the view that since Islam abrogated the previous laws, they are no longer applicable to the Muslims; and hence these laws do not constitute a part of the Shari'ah of Islam unless they are specifically validated and confirmed. They maintain that the Shari'ah norm regarding the laws of the previous religions is `particularity' (khusus), which means that they are followed only when specifically upheld; whereas the norm with regard to the Shari'ah itself is generality ('umum) in that it is generally applied as it has abrogated all the previous scriptures. [9. Shawkani, Irshad, p.240; Shaltut, Al-Islam, p. 489; Badran, Usul, p. 236.] This restriction is necessitated in view of the fact that the previous religions have not been correctly transmitted to us and have undergone considerable distortion. [10. Abdur Rahim, Jurisprudence. p.70.] The proponents of this view have quoted in support the Qur'anic text which declares, in a reference to different nations and communities: 'For every one of you We have ordained a divine law and an open road' (al-Ma'idah, 5:48). Thus it is suggested that every nation has a Shari'ah of its own, and therefore the laws that were revealed before Islam are not binding on this ummah. Further evidence for this view has been sought in the Hadith of Mu`adh b. Jabal which indicates only three sources for the Shari'ah, namely the Qur'an, the Sunnah and ijtihad. [11. Abu Dawud, Sunan (Hasan's trans.), III, 1019. Hadith no.3585.] The fact that this Hadith has made no reference to previous revelations must mean that they are not a source of law for the followers of Islam. This last point has, however, been disputed in that when Mu`adh referred to the Qur'an, it was...
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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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