Principles of Islamic Jurisprudence by MH kamali

Principles of Islamic Jurisprudence by MH kamali

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Unformatted text preview: utside the Quran. But even the bare facts we have discussed so far are enough to show that the Mutlaq and Muqayyad are susceptible to speculative reasoning. But to discuss the foregoing example a little further, it will be noted that the juxtaposition of the two ayat and the conclusion that the one is qualified by the other is to a large extent based on speculative reasoning. And then the qualified terms of the second of the two ayat may be taken a step further, and the question is bound to be asked, as indeed it has been, as to the precise meaning of a just witness. The ulema of the various schools have differed on the attribute of 'adalah in a witness and their conclusions are based largely on speculative ijtihad, We need not perhaps discuss in detail the point that the binary division of words into the literal (Haqiqi) and metaphorical (Majazi) which we shall elsewhere elaborate can also be related to the qati and zanni. Although relying on the literal meaning of a word is the norm and a requirement of certainty in the enforcement of a legal text, it may be necessary at times to depart from the literal in favour of adopting the metaphorical meaning of a word'. To give an example, talaq literally means release or setting free, but as a technical term, it has acquired a specific meaning, and it is the metaphorical meaning of talaq which is normally applied. The ulema have identified a large variety of grounds on which the haqiqi and the Majazi can be related to one another. The Majazi is to a large extent speculative and unreal. Some ulema have even equated the Majazi with falsehood, and, as such, it has no place in the Qur'an. It is thus suggested that the Majazi is not to be relied upon in interpreting the practical injunctions of the Qur'an. Be this as it may, the point is clear that speculative reasoning has a wide scope in determining the meaning and application of Haqiqi and Majazi in the Quran, and indeed in any other source of Shariah. Furthermore, the ulema have deduced the rules of Shari'ah not only from the explicit word of the Quran,, which is referred to as the mantuq, but also from the implicit meanings of the text through inference and logical construction, which is referred to as the implied meaning, or mafhum. Once again, this subject has been discussed in a separate chapter under al-dalalat, that is, textual implications. The only purpose of referring to this subject here is to point out that the deduction of the rules of Shari'ah by way of inference from the implied meaning of a text partakes in speculative reasoning and ijtihad. Principles of Islamic Jurisprudence ~ Kamali 33 Naturally, not all the ahkam deduced in this way can be classified as zanni. The implied meaning of a text can often command the same degree of authority as the explicit ruling of the same text. Having said this, however, to extend, for example, the requirement of expiation (kaffarah) for erroneous killing which is releasing a slave, or feeding sixty poor persons, or fasting for two months - to the case of intentional killing on the analysts that the purpose of kaffarah is compensation for a sin and that this is true of all types of homicide - is basically no more than speculative ijtihad. This is the implied meaning the text in sura al-Nisa', 4:92, which is explicit on the kaffa...
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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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