Principles of Islamic Jurisprudence by MH kamali

Notwithstanding some disagreement as to whether the

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Unformatted text preview: or both, according to the majority view, the husband's standards of living should be the basis of the court decision. Thus the ulema have generally considered the Hadith under consideration to consist of a judicial decision of the Prophet, and as such it only authorizes the judge to adjudicate the wife's complaint and to specify the quantity of maintenance and the method of its payment. [50. Al-Khatib, Mughni al-Muhtaj, III, 442; Din, Al-Nafaqah, pp. 20-23.] Sunnah which consists of general legislation often has the quality of permanence and universal application to all Muslims. Sunnah of this type usually consists of commands and prohibitions which are related to the Qur'an in the sense of endorsing, elaborating or qualifying the general provisions of the Holy Book. [51. Shaltut, Al-Islam, p. 516.] Qur'an and Sunnah Distinguished Principles of Islamic Jurisprudence ~ Kamali 58 [49. Shaltut, Al-Islam, The Quran was recorded in writing from beginning to end during the lifetime of the Prophet, who ascertained that the Qur'an was preserved as he received it through divine revelation. The Prophet clearly expressed the concern that nothing of his own Sunnah should be confused with the text of the Qur'an. This was, in fact, the main reason why he discouraged his Companions, at the early stage of his mission in any case.' [52. The Prophet had initially ordered his Companions not to write anything other than the Qur'an from him. This was' however' later amended and the Prophet permitted the writing of his Sunnah. Badran (Usul, pp. 83-84) refers to at least two instances where the Prophet allowed his instructions to be reduced into writing.] from reducing the Sunnah into writing lest it be confused with the Qur'an. The Sunnah on the other hand was mainly retained in memory by the Companions who did not, on the whole, keep a written record of the teachings of the Prophet. There were perhaps some exceptions as the relevant literature suggests that some, though a small number, of the Companions held collections of the Hadith of the Prophet which they wrote and kept in their private collections. The overall impression obtained is, however, that this was done on a fairly limited scale. The Companions used to verify instances of doubt concerning the text of the Qur'an with the Prophet himself, who would often clarify them through clear instruction. This manner of verification is, however, unknown with regard to the Sunnah. [53. Shaltut, Al-Islam, p.511.] The entire text of the Qur'an has come down to us through continuous testimony (tawatur) whereas the Sunnah has in the most part been narrated and transmitted in the form of solitary, or Ahad, reports. Only a small portion of the Sunnah has been transmitted in the form of Mutawatir. The Qur'an in none of its parts consists of conceptual transmission, that is, transmission in the words of the narrator himself. Both the concepts and words of the Qur'an have been recorded and transmitted as the Prophet received them. The Sunnah on the other hand consists, in the most part, of the...
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