Principles of Islamic Jurisprudence by MH kamali

Similarly the fact that the prophet authorized

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Unformatted text preview: a'idah' 5:38) should be implemented. This ayah simply provides that the hand should be cut without specifying exactly from which part. The tacitly approved Sunnah consists of the acts and sayings of the Companions which came to the knowledge of the Prophet and of which he approved. The tacit approval of the Prophet may be inferred from his silence and lack of disapproval, or from his express approval and verbal confirmation. [25. Khallaf, 'Ilm, p. 36; Abu Zahrah, Usul, p. 89.] An example of such a Sunnah is the report that two of the Companions went on a journey, and when they failed to find water for ablution, they both performed the obligatory prayers with tayammum, that is, wiping the hands, face and feet with clean sand. Later, when they found water, one of them performed the prayers again whereas the other did not. Upon their return, they related their experience to the Prophet, who is reported to have approved both courses of action. Hence it became Sunnah taqririya. [26. Tabrizi, Mishkat, I, 166, Hadith no 533; Shawkani, Irshad, p. 41; Khallaf, 'Ilm, p. 36.] Another example of this is the report that one of the prominent companions, 'Amr b. al-'As, said that in the campaign of Dhat al-Salasil he had had a wet dream in the night , but owing to extreme cold he did not take a bath but instead performed the morning Salah with tayammum. He then related this to the Prophet, who laughed but said Principles of Islamic Jurisprudence ~ Kamali 52 nothing, which would imply that the act in question is permissible in similar circumstances, that is, when extreme cold proves to be hazardous to health. [27. Abu Dawud, Sunan, I, 88, Hadith no. 334; Badran, Usul, pp. 69-70.] The sayings of Companions such as, 'we used to do such and such during the lifetime of the Prophet' constitute a part of Sunnah taqririya only if the subject is such that it could not have failed to attract the attention of the Prophet. An example of this is the saying of Abu Sa'id al-Khudri that 'for the charity of 'id al-Fitr, we used to give a sa' of dates or of barley'. This is a matter that could not have remained hidden and therefore constitutes Sunnah taqriria. However, the statement of a companion which refers to matters of an obscure type, or when the statement itself is vague and does not specify whether the issue had arisen while the Prophet was alive - such statements do not constitute Sunnah taqriria. Shawkani, Irshad, p. 61; Badran, Bayan, p. 74.] The entire bulk of the Sunnah, that is, the sayings, acts and tacit enactments of the Prophet, may be once again divided into two types: non-legal and legal Sunnah. Non-legal Sunnah (Sunnah ghayr tashri'iyyah) mainly consists of the ritual activities of the Prophet (alaf'al al-jibilliyyah) such as the manner which he ate, slept, dressed, and such other activities as do not seek to constitute a part of the Shari'ah. Activities of this nature are not of primary importance to the Prophetic mission and therefore do not constitute legal norms. According to the majority of ule...
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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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