Principles of Islamic Jurisprudence by MH kamali

The value hukm of the mufassar is that acting upon it

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Unformatted text preview: on the demise of the Prophet, to all intents and purposes, the Mufassar is equivalent to the perspicuous (Muhkam), which is the last in the range of clear words and is not open to any change. Specific words (al-alfaz al-khassah) which are not open to ta'wil or any change in their primary meanings are in the nature of Mufassar. Thus the Qur'anic punishment of eighty lashes for slanderous accusation (qadhf) in sura al-Nur (24:4), or the ayah of inheritance (al-Nisa', 4:11) which prescribes specific shares for legal heirs, consist of fixed numbers which rule out the possibility of ta'wil. They all partake in the qualities of Mufassar. [22. Badran, Usul, p. 404.] Since Mufassar is one degree stronger than Nass, in the event of a conflict between them, the Mufassar prevails. This can be illustrated in the two hadiths concerning the ablution of a woman who experiences irregular menstruations that last longer than the expected three days or so: she is required to perform the salah; as for the ablution (wudu') for salah, she is instructed, according to one Hadith: A woman in prolonged menstruations must make a fresh wudu' for every salah: Dawud, Sunan, I, 76, Hadith nos. 294, and 304 respectively.] And according to another Hadith A woman in prolonged menstruation must make a fresh wudu' at the time of every salah. [24. Abu Dawud, Sunan, I, 76, Hadith nos. 294, and 304 respectively.] Principles of Islamic Jurisprudence ~ Kamali 94 [23. Abu The first Hadith is a Nass on the requirement of a fresh wudu' for every salah, but the second Hadith is a Mufassar which does not admit of any ta'wil. The first Hadith is not completely categorical as to whether 'every salah' applies to both obligatory and supererogatory (fara'id wa-nawafil) types of salah. Supposing that they are both performed at the same time, would a separate wudu' be required for each? But this ambiguity/ question does not arise under the second Hadith as the latter provides complete instruction: a wudu' is only required at the time of every salah and the same wudu' is sufficient for any number of salahs at that particular time. [25. Khallaf, 'Ilm, p. 169; Badran, Usul, p. 408.] Words and sentences whose meaning is clear beyond doubt and are not open to ta'wil and abrogation are called Muhkam. An example of this is the frequently occurring Qur'anic statement that 'God knows all things'. This kind of statement cannot be abrogated, either in the lifetime of the Prophet, or after his demise. [26. Hughes, Dictionary of Islam, p.518; Badran, Usul, p. 406; Abu Zahrah, Usul, p.96.] The text may sometimes explain itself in terms that would preclude the possibility of abrogation. An example of this is the Qur'anic address to the believers concerning the wives of the Prophet: 'It is not right for you to annoy the Messenger of God; nor should you ever marry his widows after him. For that is truly an enormity in God's sight' (alAhzab, 33:35). The prohibition here is emphasised by the word abadan (never, ever) which renders it Muhkam, thereby precluding the possibility of abrogation. The Muhkam is, in reality, nothing other than Mufassar with...
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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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