Principles of Islamic Jurisprudence by MH kamali

There are also the intermediate categories of

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Unformatted text preview: you believers! Make not unlawful the good things which God has made lawful to you' (al-Ma'idah, 5:90).] Commands and prohibitions are determined by the clear authority of the Qur'an, the Sunnah, or ijma', in whose absence nothing else can determine an obligatory or a prohibitory injunction, and the matter would automatically fall under the category of mubah. There is thus no room for analogy in the determination of the ahkam. [71. Ibn Hazm, Ihkam, VIII, 3.] 2) The supporters of analogy, according to Ibn Hazm, proceed on the assumption that the Shari'ah fails to provide a nass for every matter, an assumption which is contrary to the explicit provisions of the Qur'an. Ibn Hazm goes on to quote the following to this effect: 'We have neglected nothing in the Book' (al-An'am, 6:89); and 'We revealed the Book as an explanation for everything' (al-Nahl, 16:89). In yet another passage, we read in the Qur'an: 'This day, I perfected year religion for you, and completed My favour upon you' (al-Ma'idah, 5:4). Since the ahkam of the Lawgiver are all-inclusive and provide complete guidance for all events, our only duty is to discover and implement them. To consider qiyas as an additional proof would be tantamount to an acknowledgement that the Qur'an fails to provide complete guidance. VIII, 18.] 3) Qiyas derives its justification from an 'illah which is common to both the original and the new case. The 'illah is either indicated in the text, in which case the ruling is derived from the text itself and qiyas is redundant; or alternatively, where the 'illah is not so indicated, there is no way of knowing it for certain. Qiyas therefore rests on conjecture, which must not be allowed to form the basis of a legal ruling. This is, according to Ibn Hazm, the purport of the Qur'anic ayah (al-Najm, 53:28) which proclaims that `conjecture avails nothing against the truth.' Identifying the 'illah in qiyas is an exercise in speculation, whereas the Qur'an enjoins us to 'pursue not that of which you have no knowledge' (alIsra', 17:36). [73. Ibn Hazm, Ihkam, VIII, 9.] 4) And lastly, Ibn Hazm holds that qiyas is clearly forbidden in the Qur'an. Principles of Islamic Jurisprudence ~ Kamali 200 [72. Ibn Hazm, Ihkam, [74. Ibn Hazm, Ihkam, VIII, 9] Thus we read in sura al-Hujurat (49:1): 'O you believers! Do not press forward before God and His Messenger, and fear God [...]', which means that the believers must avoid legislating on matters on which the lawgiver has chose, to remain silent. The same point is conveyed in the Hadith where the prophet ordered the believers as follows: Ask me not about matters which I have not raised. nations before you were faced with destruction because of excessive questioning and disputation with their prophets. When I command you to do something, do it to the extent that you can, and avoid what I have forbidden. [75. Ibn Hazm, Ihkam, VIII, 15.] Thus in regard to matters on which the nass is silent, it is not proper for a Muslim to take the initiative...
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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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