Principles of Islamic Jurisprudence by MH kamali

Masud al bukhari d 747 bearing the title altawdih

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Unformatted text preview: h, which is, in turn, a summary of Usul al-Bazdawi, Al-Mahsul, and the Mukhtasar al-Muntaha of the Maliki jurist. Abu Umar Uthman b. al-Hajib (d. 646). Three other well-known works which have combined the two approaches to usul al-fiqh are Jam' al-Jawami of the Shafi'i jurist Taj al-Din al-Subki Principles of Islamic Jurisprudence ~ Kamali 18 (d. 771), Al-Tahrir of Kamil al-Din b. al-Humam al-Hanafi (d. 860), and Musallam al-Thubut of the Hanafi jurist Muhibb al-Din b. 'Abd al-Shakur (d. 1119). And finally, this list would be deficient without mentioning Abu Ishaq Ibrahim al-Shatibi's Al-Muwafaqat, which is comprehensive and perhaps unique in its attention to the philosophy (hikmah) of tashri' and the objectives that are pursued by the detailed rulings of the Shariah. [Abu Zahrah, Usul, PP. 14-20; Hitu, Wajiz, pp. 13-24; Zuhayr, Usul, I, 4.] III. Proofs of Shari'ah (Al-Adillah Al-Shar'iyyah) The adillah Shariyyah, and the ahkam, that is, laws or values that regulate the conduct of the mukallaf, are the two principal themes of usul al-fiqh. Of these two, however, the former is by far the more important as, according to some ulema, the ahkam are derived from the adillah and are therefore subsidiary to them. It is perhaps in view of the central importance of these two topics to usul al-fiqh that al-Amidi defines the latter as the science of the 'Proofs of fiqh (adillah al-fiqh) and the indications that they provide in regard to the ahkam of the Shari'ah. [Amidi, Ihkam, I, 7; Badran, Usul, P. 36.] Literally, dalil means proof, indication or evidence. Technically it is an indication in the sources from which a practical rule of Shariah, or a hukm is deduced. The hukm so obtained may be definitive (qati') or it may be speculative (zanni) depending on the nature of the subject, clarity of the text, and the value which it seeks to establish. [Amidi, Ihkam, I. 9; Badran, Usul, P. 46, Hitu, Wajiz, p. 99.] In the terminology of usul al-fiqh, adillah Shariyyah refer to four principal proofs, or sources of the Shariah, namely the Quran, Sunnah, consensus and analogy. Dalil in this sense is synonymous with asl, hence the four sources of Shariah are known both as adillah and usul. There are a number of ayat in the Quran which identify the sources of Shariah and the order of priority between them. But one passage in which all the principal sources are indicated occurs in Sura al-Nisa' (4: 58-59) which is as follows: 'O you believers! Obey God and obey the Messenger and those of you who are in charge of affairs. If you have a dispute concerning any matter, refer it to God and to the Messenger,' 'Obey God' in this ayah refers to the Quran, and 'Obey the Messenger' refers to the Sunnah. Obedience to 'those who are in charge of affairs' is held to be a reference to ijma', and the last portion of the ayah which requires the referral of disputes to God and to the Messenger authorises qiyas. For qiyas is essentially an extension of the injunctions of the Quran and Sunnah. The rationale or the effective cause of qiyas may be cle...
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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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