Principles of Islamic Jurisprudence by MH kamali

The first and the most typical variety of abrogation

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Unformatted text preview: ah, 2:180) and the one concerning the `iddah of widows (al-Baqarah, 2: 240) are still a part of the Qur'an despite the fact that they have both been abrogated. We still recite Principles of Islamic Jurisprudence ~ Kamali 145 them as such, but do not apply the law that they convey. The other two varieties of naskh, respectively referred to as naskh al-tilawah (sometimes as naskh al-qira'ah), that is, abrogation of the words of the text while the ruling is retained, and naskh al-hukm wa al-tilawah, that is, abrogation of both the words and the ruling - are rather rare and the examples which we have are not supported by conclusive evidence. Having said this, however, we might add that, except for a minority of Mu'tazili scholars, the ulema are generally in agreement on the occurrence of abrogation in both these forms. An example of naskh al-tilawah is the passage which, according to a report attributed to `Umar b. alKhattab, was a part of the Qur'an, although the passage in question does not appear in the standard text. However the ruling conveyed by the passage in question still represents authoritative law. The reported version of this text provides: `When a married man or a married woman commits zina, their punishment shall be stoning as a retribution ordained by God.' Principles of Islamic Jurisprudence ~ Kamali 146 [24. Amidi, Ihkam, III,141.] [25. The Arabic version reads 'al-Shaykhu wa'l-shaykhatu idha zanaya farjumuhuma albattatas nakalan min Allah.' Both Ghazali (Mustasfa, I, 80, and Amidi, Ihkam III, 141) have quoted it. 'Umar b. al-Khattab is quoted to have added: 'Had it not been for fear of people saying that `Umar made an addition to the Qur'an, I would have added this to the text of the Qur'an'] In the event where the words of the text, and the law that they convey, are both repealed, then the text in question is of little significance. According to a report which is attributed to the Prophet's widow, `A'ishah, it had been revealed in the Qur'an that ten clear suckings by a child, make marriage unlawful between that child and others who drank the same, woman's milk. Then it was abrogated and substituted by five suckings and it was then that the Messenger of God died. The initial ruling which required ten suckings was read into the text of the Qur'an. The ruling was then repealed and the words in which it was conveyed were also omitted from the text. However since neither of these reports is established by tawatur, they are not included in the Qur'an. The position now, according to the majority of ulema, is that either five clear suckings, or any amount which reaches the stomach, even if it be one large sucking, constitutes the grounds of prohibition. [26. Amidi, Ihkam, IV, 154; Ghazali, Mustasfa, I, 80; Denffer `Ulum, p. 108.] According to the majority (jumhur) view, the Qur'an and the Sunnah may be abrogated by themselves or by one another. In this sense, abrogation may be once again classified into the following varieties: (1) Abrogation of the Qur'an by the Qur'an, which has already been illustrated. (2)...
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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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