Principles of Islamic Jurisprudence by MH kamali

Mafhum al mukhalafah may be defined as a meaning

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Unformatted text preview: h a few exceptions which are specified in the following text: 'Say, I find nothing in the message that is revealed to me forbidden for anyone who wishes to eat except the dead carcass and blood shed forth' (daman masfuhan) (al-An'am, 6:145). With reference to the latter part of this text, would it be valid to suggest that blood which is not shed forth (dam ghayr masfuh) is lawful for human consumption? The answer to this question is in the negative. For otherwise the text would be subjected to an interpretation which is most likely to oppose its obvious meaning. As for the permissibility of unspilt blood such as liver and spleen, which consist of clotted blood, this is established, not by the ayah under consideration, but by a separate text. Liver and spleen are lawful to eat by virtue of the Hadith of the Prophet which proclaims that 'lawful to us are two types of corpses and two types of blood. These are the fish, the locust, the liver and the spleen. [17. Tabrizi, Mishkat, II, 203, Hadith no. 4132; Khallaf, 'Ilm, p. I54.] As already indicated, the Shafi'is have adopted a different approach to mafhum al-mukhalafah. But to put this matter in its proper perspective, we would need to elaborate on the Shafi'i approach to textual implications (al-dalalat') as a whole, and in the course of this general discussion, we shall turn to mafhum al-mukhalafah in particular. Principles of Islamic Jurisprudence ~ Kamali 124 Unlike the Hanafi classification of textual implications into four types, the Shafi'is have initially divided al-dalalat into the two main varieties of dalalah al-mantuq (pronounced meaning) and dalalah almafhum (implied meaning). Both of these are derived from the words and sentences of the text. The former form the obvious text and the latter come through logical and juridical construction thereof. An example of dalalah al-mantuq is the Qur'anic ayah which proclaims that 'God has permitted sale and prohibited usury' (al-Baqarah, 2:275). This text clearly speaks of the legality of sale and the prohibition of usury. Dalalah al-mantuq has in turn been subdivided into two types, namely dalalah al-iqtida (required meaning), and dalalah al-isharah (alluded meaning). Both of these are either indicated in the words of the text or constitute a necessary and integral part of its meaning. As will be noted, even from this brief description, the difference between the Shafi'i and Hanafi approaches to the classification of al-dalalat is more formal than real. [18. Badran, Usul, p. 429; Khudari, Usul, pp. 121-122; Hitu, Wajiz, p. 120.] Abu Zahrah has aptly observed that essentially all of the four Hanafi varieties of al-dalalat are, in one way or another, founded in the actual words and sentences of the text. Despite the technical differences that might exist between the four types of implications, they are basically all founded in the text. In this way all of the four-fold Hanafi divisions of al-dalalat can be classified under dalalah al-mantuq. [19. Abu Zahrah, Usul, p. 116.] Dalalah al-mafhum is an implied meaning w...
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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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