Principles of Islamic Jurisprudence by MH kamali

The good and evil in this case can only be determined

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Unformatted text preview: e largest number. Right and wrong are evaluated from the viewpoint of the benefit and harm that they entail to the person who acts upon it and to others. Acts which do not relate to this context are simply regarded as of no consequence; they are branded as `abath, that is, totally `in vain'. Thirdly, the Maturidis, namely the followers of Abu Mansur al-Maturidi (d.333 A.H.) have suggested a middle course, which is adopted by the Hanafis and considered to be the most acceptable. According to this view, right and wrong in the conduct of the mukallaf can indeed be ascertained and evaluated by the human intellect. But this does not necessarily mean that the law of God in regard to such conduct is always identical with the dictates of 'aql, for human intellect is liable to error. The knowledge of right and wrong must therefore be based on divine communication. This view basically combines the two foregoing opinions, but tends to lean more toward the Ash'arites in that the responsibility of the mukallaf is to be determined not with reference to the dictates of human reason but on the basis of the law as the Lawgiver has communicated it. `Aql is capable of discerning good and evil, but this evaluation does not constitute the basis of reward and punishment; which is a matter which is solely determined by the Lawgiver. Whatever the Lawgiver has commanded is right, and merits reward, and whatever He has forbidden is wrong and its perpetrator is liable to punishment. This view also agrees with that of the Mu'tazilah to the extent of its recognition that the inherent values of things are discernible by human intellect which can perceive and detect values in the nature of things. The Maturidis, however, differ with the Mu'tazilah in that they hold that no reward or punishment can be granted on the basis of `aql alone. [58. Abu Zahrah Usul, p. 56; Khallaf, 'Ilm, p. 99; Abu `Id, Mabahith, p. 123; Qasim, Usul, pp.239-243.] III.2 The Subject-Matter of Hukm (al-Mahkum Fih) Mahkum fih denotes the acts, rights and obligations of the mukallaf which constitute the subject-matter of a command, prohibition or permissibility. When the ruling of the Lawgiver occurs in the forms of either wajib or mandub, in either case the individual is required to act in some way. Similarly, when the hukm of the Lawgiver consists of a prohibition (tahrim) or abomination (karahah), it is once again concerned with the conduct of the mukallaf. In sum, all commands and prohibitions are concerned with the acts and conduct of the mukallaf. When the demand of the Lawgiver occurs in the form of a defining law (al-hukm al-taklifi) such as fasting, jihad, and the payment of zakah, etc., the subject-matter of the hukm is the act of the mukallaf. Similarly, when the demand of the Lawgiver occurs in the form of declaratory law (al-hukm al-wad`i), Principles of Islamic Jurisprudence ~ Kamali 299 such as ablution (wudu') being a condition of salah, or sale which is the cause (sabab) of ownership, or killing which is...
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