Principles of Islamic Jurisprudence by MH kamali

Specific answers to such questions can obviously only

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Unformatted text preview: defined as a word or words which demand the avoidance of doing something addressed from a position of superiority to one who is inferior. Usul, p.366.] The typical form of a prohibitory order in Arabic is that of a negative command beginning with la such as la taf'al (do not), or the Qur'anic prohibition which reads 'slay not [la taqtulu] the life which God has made sacred' (al-An'am, 6:151). A prohibition may be expounded in a statement (jumlah Principles of Islamic Jurisprudence ~ Kamali 134 [14. Badran, khabariyyah) such as occurs, for example, in the Qur'an (al-Baqarah, 2:221): `prohibited to you are the flesh of dead corpses and blood'. It may sometimes occur in the form of a command which requires the avoidance of something, such as the Qur'anic phrase wa dharu al-bay' (`abandon sale', that is during the time of Friday salah-al-Jumu`ah, 62:100), or wa'jtanibu qawl al-zur (`avoid lying') in sura al-Hajj (22:30), or may occur in a variety of other forms that are found in the Qur'an. A prohibition, like a command, may convey a variety of meanings. Although the primary meaning of nahy is illegality, or tahrim, nahy is also used to imply a mere reprehension (karahiyyah), or guidance (irshad), or reprimand (ta'dib), or supplication (du'a'). An example of nahy which implies reprehension is the Qur'anic ayah addressing the believers to `prohibit not [la tuharrimu] the clean foods that God has made lawful to you' (al-Ma'idah, 5:87). Nahy which conveys moral guidance may be illustrated by the Qur'anic ayah addressing the believers to 'ask not questions about things which, if made plain to you, may cause you trouble' (al-Ma'idah, 5:104). An example of nahy which implies a threat is when a master tells his recalcitrant servant: `Don't follow what 1 say and you will see.' An example of nahy which conveys supplication in the Qur'an occurs in sura al-Baqarah (2:286) which reads: 'Our Lord, condemn us not if we forget.' Since nahy can convey several meanings, the ulema have differed as to which of these is the primary (haqiqi) as opposed to the secondary or metaphorical meanings of nahy. Some have held that illegality (tahrim) is the primary meaning of nahy while others consider reprehension (karahiyyah) to be the original meaning of nahy. According to yet another view, nahy is a homonym in respect of both. The maturity (jumhur) of ulema have held the view that nahy primarily implies tahrim, a meaning which will be presumed to prevail unless there are indications to suggest otherwise. An example of nahy in the Qur'an which has retained its primary meaning is the phrase 'la taqtulu' in the ayah which provide, `slay not life which God has made sacred'. There is no indication in this text to warrant a departure from the primary meaning of la taqtulu, which must therefore prevail. The primary meaning of nahy may be abandoned for a figurative meaning if there is an indication to justify this. Hence the phrase la tu'akhidhna (`condemn us not') implies supplication, as the demand here is addre...
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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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