Principles of Islamic Jurisprudence by MH kamali

It is intolerable hardship which the shariah does not

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Unformatted text preview: iously means that legal obligations are only operative within the limits of one's capacity. A hukm shar`i may sometimes impose unusual hardship on the individual, such as the fulfillment of certain collective obligations like jihad (holy struggle) and hisbah, that is, promotion of good and prevention of evil, under adverse conditions. Jihad which requires the sacrifice of one's life is Principles of Islamic Jurisprudence ~ Kamali 301 undoubtedly onerous in the extreme. But it is deemed necessary and warranted in view of the values that are upheld and defended thereby. [64. Cf. Abu `Id, Mabahith, p.139.] And lastly, the demand to act or not to act must originate in an authoritative source which can command the obedience of the mukallaf. This would mean that the hukm must emanate from God or His messenger. It is mainly due to this requirement that the proof or evidence in which the law is founded must be identified and explained. Consequently, we find that in their juristic expositions, the fuqaha normally explain the evidential basis (hujjiyyah) of the rules of Shari'ah that they expound, especially rules which are aimed at regulating the conduct of the mukallaf. p.256ff.] [65. Abdur Rahim, Jurisprudence, p. 202; Abu Zahrah, Usul, The next topic which needs to be discussed under the subject-matter of hukm is the division of rights into the two categories of haqq Allah and haqq al-`abd. The acts of the mukallaf may consist of either a Right of God (haqq Allah) or a Right of Man (haqq al`abd), or of a combination of both. The Right of God is called so not because it is of any benefit to God, but because it is beneficial to the community at large and not merely to a particular individual. It is, in other words, a public right and differs from the Right of Man, or private right, in that its enforcement is a duty of the state. The enforcement of a private right, on the other hand, is up to the person whose right has been infringed, who may or may nor wish to demand its enforcement. 128.] [66. Khallaf, `Ilm, p. 128; Abu 'Id, Mabahith, p. The ulema have further classified these rights under four main categories, which are as follows. Firstly, acts which exclusively consist of the Right of God, such as acts of devotion and worship, including salah and jihad, which are the pillars of religion and are necessary for the establishment of an Islamic order. These, which are often referred to as huquq Allah al-khalisah, or pure Rights of God', occur in eight varieties: a) Rights of God which, consist exclusively of worship, such, as professing the faith (iman), salah, zakah, the pilgrimage and jihad. b) Rights which consist of both worship and financial liability (ma'unah), such as charity given on the occasion of 'id al-fitr, marking the end of Ramadan. c) Rights in which financial liability is greater than worship, like the tithe that is levied on agricultural crops. d) Rights of God which consist of financial liability but have a propensity toward punishment, such as the imposition of kharaj tax on land in the conquered territories. Principles of Islamic Jurisprudence ~ Kamali 302...
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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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