Principles of Islamic Jurisprudence by MH kamali

This is explicitly permitted in sura al baqarah 2180

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: the parent, of the testator are barred from inheritance by a disability such as difference of religion. Since the parents in this case would be excluded from the scope of the second ayah, the conflict would consequently not arise and there would be no case for abrogation. The same approach can be taken regarding the foregoing ayat on the waiting period of widows. Whereas the first of the two texts prescribed the `iddah of widows to be four months and ten days, the second enacted the `iddah of pregnant women until the termination of pregnancy. The two texts could be reconciled if widows were to observe whichever of the two periods were the longer. If the pregnant widow delivers her child before the expiry of four months and ten days following the death of her husband, then she should wait until this period expires. But if she waits four months and ten days and has still not delivered the child, then her `iddah should continue until the birth of the child. Thus the apparent conflict between the ayat under discussion is removed by recourse to specification (takhsis): the second ayah in this case specifies the general ruling of the first insofar as it concerns pregnant widows. Zahrah, Usul, p.245; Badran, Usul, p. 467; Khallaf, `Ilm; p.231.] To reconcile two evidences both of which are general ('Amm), one may distinguish the scope and subject-matter of their application from one another by recourse to allegorical interpretation (ta'wil). Supposing there were two conflicting orders on salah, one providing that `salah is obligatory on my ummah' and the other that `salah is not obligatory on my ummah.' To reconcile these two, one may assume the first to have contemplated the adult and competent members of the community and the second the minors and lunatics. If this is not possible, then the two rulings may be distinguished in regard to the notes of their respective application, or they might be assumed to have each envisaged a different set of circumstances. It is possible that one or both of the two rulings are in the nature of a manifest (Zahir) provision and may thus be open to ta'wil. The Zahir may be given an interpretation other than that of its obvious meaning so as to avoid a clash. This may be illustrated by the two apparently conflicting Hadiths on the subject of testimony. In the first of the two reports, the Prophet is quoted to have addressed an audience as follows: `Should I inform you who makes the best of witnesses?' To this, the audience responded, `Yes O Messenger of God', and the Prophet said, `It is one who gives testimony before he is requested to do so.' [5. Muslim, Sahih, p. 281, Hadith no. 1059; Badran, Usul, p. 465.] However, according to another Hadith, the Prophet said, 'The best generation is the one in which I live, then the generation after that and then the next one, but after that there will be people who will give testimony although they are not invited to give it.' [6. Tabrizi, Mishkat, III, 1695, Hadith no. 6001.] Thus the first Hadith recommends something which the second seems...
View Full Document

Ask a homework question - tutors are online