Principles of Islamic Jurisprudence by MH kamali

In this type of mutawatir all the reports must be

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Unformatted text preview: berately must prepare himself for a place in Hell-fire.' Sunan (Hasan's trans.), III, 1036, Hadith no. 3643.] The exact number of the verbal mutawatir is a subject of disagreement, but it is suggested that it does not exceed ten ahadith. [104. Badran, Usul, p. 78.] Principles of Islamic Jurisprudence ~ Kamali 71 [103. Abu Dawud, . The Mashhur (Well-Known) Hadith The Mashhur is defined as a Hadith which is originally reported by one, two or more Companions from the Prophet or from another Companion but has later become well-known and transmitted by an indefinite number of people. It is necessary that the diffusion of the report should have taken place during the first or the second generation following the demise of the Prophet, not later. This would mean that the Hadith became widely known during the period of the Companions or the Successors. For it is argued that after this period, all the Hadith became well-known, in which case there will be no grounds for distinguishing the Mashhur from the general body of Hadith. [105. Abu Zahrah, Usul, p. 84; Aghnides, Muhammadan Theories, p. 44. Shawkani's (Irshad, p. 49) definition of Mashhur, however, includes ahadith which became well-known as late as the second or even the third century Hijrah.] For Abu Hanifah and his disciples, the Mashhur Hadith imparts positive knowledge, albeit of a lesser degree of certainty than Mutawatir. But the majority of non-Hanafi jurists consider Mashhur to be included in the category of solitary Hadith, and that it engenders speculative knowledge only. According to the Hanafis, acting upon the Mashhur is obligatory but its denial does not amount to disbelief. [106. Abu Zahrah, Usul, p. 84; Badran, Usul, p. 85.] The difference between the Mutawatir and Mashhur lies mainly in the fact that every link in the chain of transmitters of the Mutawatir consists of a plurality of reporters, whereas the first link in the case of Mashhur consists of one or two Companions only. As for the remaining links in the chain of transmitters, there is no difference between the Mutawatir and Mashhur. Examples of the Mashhur Hadith are those which are reported from the Prophet by a prominent companion and then transmitted by a large number of narrators whose agreement upon a lie is inconceivable. [107. Khallaf, 'Ilm, p. 41.] The Mashhur, according to the Hanafis, may qualify the 'general' of the Qur'an. Two such ahadith which have so qualified the Qur'an are as follows: 'The killer shall not inherit', is a Mashhur Hadith which qualifies the general provisions of the Qur'an on inheritance in sura al-Nisa' (4:11). Similarly the Mashhur Hadith which provides: 'No woman shall be married simultaneously with her paternal or maternal aunt . . .' has qualified the general provisions of the Qur'an on marriage where the text spells out the prohibited degrees of marriage and then declares 'it is lawful for you to marry outside these prohibitions' (al-Nisa', 4:24). [108. Darimi, Sunan, Kitab al-fara'id, II, 384; Ibn Majah, Sunan, II, 913, Hadith no. 2735; Muslim, Sahih, p. 212; Hadith no. 817; Badran, Usul, p. 85.] Principles of Islamic Jurisprudence ~ Kamali 72 The list...
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