Principles of Islamic Jurisprudence by MH kamali

The quran calls itself huda or guidance not a code of

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Unformatted text preview: ess than one-tenth relate to law and Jurisprudence, while the remainder are largely concerned with matters of belief and morality, the five pillars of the faith and a variety of other themes. Principles of Islamic Jurisprudence ~ Kamali 26 Its ideas of economic and social justice, including its legal Contents, are on the whole Subsidiary to its religious call. The legal or practical contents of the Quran (al-ahkam al-amaliyyah) constitute the basis of what is known as fiqh al-Quran, or the Juris corpus of the Quran. There are close to 350 legal ayat in the Quran, most of which were revealed in response to problems that were encountered. Some were revealed with the aim of repealing objectionable customs such as infanticide, usury, gambling and unlimited polygamy. Others laid down penalties with which to enforce the reforms that the Quran had introduced. But on the whole, the Quran confirmed and upheld the existing customs and institutions of Arab society and only introduced changes that were deemed necessary. [Cf. Abdur Rahim, Jurisprudence, P. 71.] There are an estimated 140 ayat in the Quran on devotional matters such as salah, legal alms (zakah), siyam (fasting), the Pilgrimage of hajj, jihad, charities, the taking of oaths and penances (kaffarat). Another seventy ayat are devoted to marriage, divorce, the waiting period of 'iddah, revocation (rij'ah), dower, maintenance, custody of children, fosterage, paternity, inheritance and bequest. Rules concerning commercial transactions (mu'amalat) such as sale, lease, loan and mortgage, constitute the subject of another seventy ayat. There are about thirty ayat on crimes and penalties such as murder, highway robbery (hirabah), adultery and false accusation (qadhf). Another thirty ayat speak of justice, equality, evidence, consultation, and the rights and obligations of citizens. There are about ten ayat relating to economic matters regulating relations between the poor and the rich, workers' rights and so on. [Shaltut, Al-Islam, P. 494; Khallaf Ilm, P32-33.] It will be noted, however, that the fuqaha are not in agreement over these figures, as calculations of this nature tend to differ according to one's understanding of, and approach to, the contents of the Quran. [Note, for example, Ghazali, who estimates the ayat al-ahkam at 500. While commenting on Ghazali's estimate, Shawkani on the other hand observes that any such calculation can only amount to a rough estimate (Mustasfa, II, 101, and Shawkani, Irshad, p. 250)] Characteristics of Quranic Legislation We have already described the phenomenon of graduality (tanjim) in Quranic legislation, its division into Makki and Madani, and also the fact that the Quran has been revealed entirely in pure Arabic. In the discussion below, I have also included ratiocination (ta'lil) among the characteristic features of Quranic legislation despite the fact that the Quran specifies the effective cause or the rationale of only some of its laws. The Quran is nevertheless quite expressive of the purpose, reason, objective, benefit, rew...
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