Principles of Islamic Jurisprudence by MH kamali

Only then would the rendering of the hadith in the

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Unformatted text preview: original form, all the four Sunni schools are in agreement that his own rendering of the concept of the Hadith is unacceptable. [132. Hitu, Wajiz, pp.317ff; Badran, Usul, pp. 93-94.] Some ulema of the Hanafi and other schools have held that conceptual transmission is totally forbidden, a view which is refuted by the majority, who say that the Companions often transmitted one and the same Hadith in varying words, and no-one can deny this. One of the most prominent Companions, 'Abd Allah b. Mas'ud, is noted for having reported many ahadith from the Prophet and made it known that 'the Prophet (S) said this, or something like this, or something very close to this'. No one has challenged the validity of this manner of reporting; hence the permissibility of conceptual transmission is confirmed by the practice of the Companions, and their consensus is quoted in its support. Having said this, however, accuracy in the transmission of Hadith and retaining its original version is highly recommended. [133. Khudari, Usul, p. 229.] This is, in fact, the purport of a Hadith from the Prophet which reads: 'May God bless with success one who heard me saying something, and who conveys it to others as he heard it; and may the next transmitter be even more retentive than the one from whom he received it.' [134. Tabrizi, Mishkat, I, 78, Hadith no. 230; Khudari, Usul, p. 229.] Principles of Islamic Jurisprudence ~ Kamali 78 [131. Shafi'i, Risalah, p. Sometimes the transmitter reports a Hadith but omits a part of it. The question then arises as to whether this form of transmission is permissible at all. In principle, the narrator of Hadith, of any type of Hadith, must not omit any part which is integral to its meaning. For instance: when the omitted part consists of a condition, or an exception to the main theme of the Hadith, or which makes a reference to the scope of its application. However, the narrator may omit a part of the Hadith which does not affect the meaning of the remaining part. For in this case, the Hadith at issue will be regarded, for all intents and purposes, as two ahadith. It has been a familiar practice among the ulema to omit a part of the Hadith which does not have a bearing on its main theme. But if the omission is such that it would bring the quoted part into conflict with its full version, then the issue will be determined, not under the foregoing, but under the rules of conflict and preference (al-ta'arud wa'l-tarjih). In any case, the preferred practice is not to omit any part of the Hadith, as the omitted part may well contain valuable information on some point and serve a purpose that may not have occurred to the narrator himself. [135. Khudari, Usul, p.227; Hitu, Wajiz, pp.319-320.] In certain ahadith which are reported by a number of transmitters, there is sometimes an addition to the text of a Hadith by one transmitter which is absent in the reports of the same Hadith by others. The first point to ascertain in a discrepancy of this nature is to find out whether the Hadith in question was originally uttered in one and the same meeting/occasion or on different occasions. If the latter is the case, then there is no c...
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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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