Principles of Islamic Jurisprudence by MH kamali

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Unformatted text preview: nd its juridical usage among the ulema of jurisprudence. [Cf. Ahmad Hasan, 'Rationality', p. 104.] The question arises as to whether the incidence of talil in the Quran gives the mujtahid the green light to enquire into the causes and reasons behind its injunctions, or whether it exists simply to facilitate a better understanding of the text. The ulema have held different views on this issue. The opponents of talil maintain that divine injunctions embodied in the clear text have no causes unless the Lawgiver provides us with clear indications to the contrary. Thus it would not only be presumptuous on the part of the mujtahid to adopt an inquisitive approach to divine injunctions, but searching for the cause ('illah) or the objective hikmah of the Quranic rules amounts to no more than an exercise in speculation. Besides, the opponents of talil have argued that the believer should surrender himself to the will of God, which can best be done by unquestioning acceptance of God's injunctions. To look into the motive, purpose and rationale of such injunctions, and worse still, to accept them on their rational merit, is repugnant to sincerity in submission to God. Furthermore, in his attempt to identify the rationale of an injunction, the mujtahid can only make a reasonable guess which cannot eliminate the Principles of Islamic Jurisprudence ~ Kamali 41 possibility of error. There may even be more than one cause or explanation to a particular ruling of the Quran, in which case one cannot be certain which of the several causes might be the correct one. This is the view of the Zahiris. The majority of ulema have, however, held that the ahkam of the Shariah contemplate certain objectives, and when such can be identified, it is not only permissible to pursue them but it is our duty to make an effort to identify and to implement them. Since the realisation of the objectives (maqasid) of the Shariah necessitates identification of the cause/rationale of the ahkam, it becomes our duty to discover these in order to be able to pursue the general objectives of the Lawgiver. [Ibn Hazm, Ihkam, VIII, 76ff; Sabuni, Madkhal, P. 75. For further discussion on talil in the Quran see the section on qiyas below where talil is discussed in connection with the illah of qiyas.] Thus it is the duty of the mujtahid to identify the proper causes of divine injunctions, especially in the event where more than one 'illah can be attributed to a particular injunction. The majority view on ta'lil takes into account the analysis that the rules of Shariah have been introduced in order to realise certain objectives and that the Lawgiver has enacted the detailed rules of Shariah, not as an end in themselves, but as a means to realising those objectives. In this way, any attempt to implement the law should take into account not only the externalities of the law but also the rationale and the intent behind it. Thus when a man utters the credo of Islam to achieve worldly gain or to attain social prestige, his confession is n...
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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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