Principles of Islamic Jurisprudence by MH kamali

Khudari usul p217 the qualification of adalah is

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Unformatted text preview: nions that 'God is well pleased with them, as they are with Him' (al-Tawbah, 9:100). A person's reputation for being upright and trustworthy also serves as a proof of his reliability. Principles of Islamic Jurisprudence ~ Kamali 74 [118. According to some ulema of Hadith, such a reputation is even more credible than confirmation by one or two individuals. [119. Shawkani, Irshad, p.67; Badran, Usul, p. 92.] With regard to certain figures such as Imam Malik, Sufyan al-Thawri, Sufyan b. 'Uyaynah, al-Layth b. Sa'd, etc., their reputation for 'adalah is proof of reliability above the technicalities of tazkiyah. [120. Khudari, Usul, p.217.] d. The narrator of Ahad must possess a retentive memory so that his report may be trusted. If he is known for committing frequent errors and inconsistencies, his report is unacceptable. The faculty of retention, or dabt, is the ability of a person to listen to an utterance, to comprehend its meaning as it was originally intended and then to retain it and take all necessary precautions to safeguard its accuracy. In cases of doubt in the retentiveness of a transmitter, if his report can be confirmed by the action of his predecessors, it may be accepted. But in the absence of such verification, reports by persons who are totally obscure and whose retentiveness cannot be established are unacceptable. [121. Shawkani, Irshad, p. 52; Abu Zahrah, Usul, p. 86; Badran, Usul, p. 93; Khudari, Usul, p. 218.] e. That the narrator is not implicated in any form of distortion (tadlis) either in the textual contents (matn) of a Hadith or in its chain of transmitters (isnad). Distortion in the text is to add to the saying of the Prophet elements which did not exist, or to detract from its original content so as to distort its purport and mislead the listener. Tadlis in the isnad is to tamper with the names and identity of narrators, which is, essentially, not very different from outright forgery. Shawkani, Irshad, p. 55.] One form of tadlis is to omit a link in the chain of narrators. The motive for such omission is immaterial. Sometimes it is observed, for example, that a single weak link in an otherwise reliable chain of transmitters is omitted with a view to showing the isnad reliable in every part. Whatever the motive may be, a tadlis of this kind is, for all intents and purposes, equivalent to forgery. However, if the narrator is a prominent scholar of irreproachable reputation, his report is normally accepted notwithstanding a minor omission in the chain of isnad. [123. Khudari, Usul, pp. 218-219.] f. The transmitter of Ahad must, in addition, have met with and heard the Hadith directly from his immediate source. The contents of the Hadith must not be outlandish (shadhdh) in the sense of being contrary to the established norms of the Qur'an and other principles of Shari'ah. In addition, the report must be free of subtle errors such as rendering ab as ibn ('father' as 'son') or other such words that are similar in appearance but differ in meaning. [124. Abu Zahrah, Usul, p. 85.] Principles of Islamic Ju...
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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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