Principles of Islamic Jurisprudence by MH kamali

The translation of the quranic passages which occur

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Unformatted text preview: passages which occur in the text is generally based on Abdullah Yusuf Ali's translation of the Holy Qur'an. On occasion, however, I have substituted elements in this translation for easier and more simplified alternatives. But whenever I have done so, it is usually the result of my having checked more than one translation. The reader will also notice that I have not given the original of the Quranic passages in Arabic, as this is not difficult to find. Besides, the Quranic text is uniform and there is no variation in the wording of its text in all of its numerous printings that are commonly used. But when it comes to the Hadith, although the main authorities on Hadith are inclined to maintain consistency in both the concept and wording of the Hadith, it is nevertheless not unusual to come across inconsistency or variation in the exact wording of a particular Hadith in various sources. Partly for this reason, but also for the sake of accuracy and convenience, I have given both the Arabic original and the English translation of the Hadith on first occurrence in the text. The English rendering of the Hadith consists for the most part of my own translation of the Arabic original, otherwise I have used the English translation as and when it was available. A word may also be in order here regarding the English rendering of the terms fiqh and usul al-fiqh. The difference between them is fairly obvious in their respective Arabic usages: usul al-fiqh is unequivocal in its reference to the 'roots of fiqh'. This is, however, not so clear in the equivalent English terms, which are currently in use. The terms 'Muhammadan Law' and 'Islamic Law' have often been used in a generic sense and applied both to fiqh and usul al-fiqh. The same is true of its familiar alternative, 'Islamic jurisprudence'. None of these convey the clarity, which is found in their Arabic equivalents. There are, for example, books currently available in English bearing one or the other of the these titles, although their contents do not seek to distinguish the two disciplines from one another. The term 'Muhammadan Law' seems to be already falling out of use, and it has almost become an established practice to reserve 'Islamic Law' for fiqh, and 'Islamic jurisprudence' for usul al-fiqh. This use of terminology should be retained. A similar distinction between the terms 'source' and 'proof' would seem advisable. The former should, as far as possible, be reserved for the Quran and Sunnah, and the latter for other proofs. Principles of Islamic Jurisprudence ~ Kamali 9 My transliteration of Arabic words is essentially the same as that of the Encyclopedia of Islam (New Edition), with two exceptions, which have become standard practice: q for k and j for dj. And finally, I would like to take this opportunity to thank most warmly my colleagues and students at the Faculty of Law, International Islamic University, with whom I have frequently raised and discussed matters of mutual interest. I have often benefited from the...
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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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