Principles of Islamic Jurisprudence by MH kamali

P 35 badran usul p 67 ii brevity and detail al ijmal

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Unformatted text preview: PP. 498-99, Abu Zahrah, Usul, P. 71; Khallaf, Ilm, By far the larger part of the Quranic legislation consists of an enunciation of general principles, although in certain areas, the Qur'an also provides specific details. Being the principal source of the Shariah, the Qur'an lays down general guidelines on almost every major topic of Islamic law. While commenting on this point, Abu Zahrah concurs with Ibn Hazm's assessment that 'every single chapter of fiqh finds its Origin in the Qur'an, which is then explained and elaborated by the Sunnah'. Usul, p. 80, where he quotes Ibn Hazm in support of his own view.] On a similar note, al-Shatibi makes the following observation: Experience shows that every 'alim who has resorted to the Quran in search of the solution to a problem has found in the Quran a principle that has provided him with some guidance on the subject. [Shatibi, Muwafaqat, III, 219.] The often-quoted declaration that 'We have neglected nothing in the Book' (al-An'am, 6:38) is held to mean that the ru'us al-ahkam, that is, the general of law and religion, are exhaustively treated in the Quran. [Abu Zahrah, Usul, P. 70.] That the Quran is mainly concerned with general principles is borne out by the fact that its contents require a great deal of elaboration, which is often provided, although not exhaustively, by the Sunnah. To give an example, the following Quranic ayah provides the textual authority for all the material sources of the Shariah, namely the Quran, the Sunnah, consensus and analogy. The ayah reads: 'O you who believe, obey God and obey the Messenger, and those of you who are in authority; and if you have a dispute concerning any matter refer it to God and to the Messenger . . .' (al-Nisa', 4:58). 'Obey God' in this ayah refers to the Quran as the first source, 'and obey the Messenger' refers to the Sunnah of the Prophet, 'and those of you who are in authority' authorises the consensus of the ulema. The last portion of the ayah ('and if you have a dispute. . .') validates qiyas. For a dispute can only be referred to God and to the Messenger by extending the rulings of the Quran and Sunnah through analogy to similar cases. In this sense one might say that the whole body of usul al-fiqh is a commentary on this single Quranic ayah. of this work on the hujjiyyah of Sunnah, ijma and qiyas respectively.] [Sabuni, Muwafaqat, P. 31. For a further discussion of this ayah see below in the sections Al-Shatibi further observes that wherever the Quran provides specific details it is related to the exposition and better understanding of its general principles. [Shatibi, Muwafaqat, III, 217] Most of the legal contents of the Quran consist of general rules, although it contains specific injunctions on a number of topics. Broadly speaking, the Quran is specific on matters which are deemed to be unchangeable, but in matters which are liable to change, it merely lays down general guidelines. Principles of Islamic Jurisprudence ~ Kamali 35 [Abu Zahrah, The Quranic legislation on civil, economic,...
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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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