Principles of Islamic Jurisprudence by MH kamali

This ayah apparently forbids friendship with the

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Unformatted text preview: to impose a ban on friendship with unbelievers. The text, in other words, contemplated a particular situation and not the enactment of a general principle, and should therefore not be taken out of context by recourse to mafhum al-mukhalafah. [25. Hitu, Wajiz, p. 126; Badran, Usul, p.434.] Sixthly, that the divergent meaning does not lead to a conclusion that would oppose another textual ruling. To give an example, we refer to the Qur'anic text on the requirement of retaliation which provides: 'Retaliation is prescribed for you in cases of murder: the free for the free, the slave for the slave, the woman for the woman [ ... ]' (alBaqarah, 2:178). This text may not be taken by way of mafhum al mukhalafah to mean that a man is not retaliated against for murdering a woman. For such a conclusion would violate the explicit ruling of another Qur'anic text which requires retaliation for all intentional homicides on the broadest possible basis of 'life for life' (alMa'idah, 5:45). The main restriction that the Hanafis have imposed on mafhum al mukhalafah is that it must not be applied to a revealed text, namely the Qur'an and the Sunnah. As a method of interpretation, mafhum al mukhalafah is thus validated only with regard to a non-revealed text. Only in this context, that is, in regard to rational proofs and man-made law, can it provide a valid basis of hukm and ijtihad. The main reason that the Hanafis have given in support of this view is that the Qur'an itself discourages reliance on mafhum al-mukhalafah, for there are many injunctions in the Qur'an and Sunnah whose meaning will be distorted if they were to be given divergent interpretation. To give an example, we read in the Qur'an, in a reference to the number of months that God enacted on the day He created the universe, that there shall be twelve months in a year. The text then continues to provide that 'four of them are sacred, so avoid committing acts of oppression [zulm] therein' (al Tawbah, 9:36). Muharram, Dhu al-Hijjah, Dhu al-Qi'dah and Rajab] [26. These are the months of By way of mafhum al-mukhalafah, this text could be taken to mean that acts of oppression are permissible during the rest of the year. This would obviously corrupt the purpose of this text, as oppression is always forbidden regardless of the time in which it is committed. [27. Badran, Usul, p. 435.] Similarly, there is a Hadith which instructs the believers that 'none of you may urinate in permanently standing water nor may you take a bath therein to cleanse yourselves of major pollution (janabah)'. [28. Tabrizi, Mishkat, I, 148; Hadith no. 474.] Principles of Islamic Jurisprudence ~ Kamali 127 By way of mafhum al mukhalafah, this text could be taken to mean that taking a bath other than the one specifically for janabah is permissible in such water, or that urinating is permissible in flowing water, neither of which would be correct. Bathing in small ponds below a certain depth is not permitted whether it be for janabah or otherwise. The Hanafis have further concluded that whenever necessary the Qur'an itself has stated the divergent implications of its own rulings, and when this is the case, the divergent meaning becomes an integral part of the text and m...
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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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