Principles of Islamic Jurisprudence by MH kamali

This is the hadith of araya which provides that the

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Unformatted text preview: ciples of Islamic Jurisprudence ~ Kamali 205 [94. Abu Dawud, Sunan Chapter Ten: Revealed Laws Preceding the Shari'ah of Islam In principle, all divinely revealed laws emanate from one and the same source, namely, Almighty God, and as such they convey a basic message which is common to them all. The essence of belief in the oneness of God and the need for divine authority and guidance to regulate human conduct and the values of morality and justice constitute the common purpose and substance of all divine religions. This essential unity is confirmed in more than one place in the Qur'an, which proclaims in an address to the Holy Prophet: `He has established for you the same religion as that which He enjoined upon Noah, and We revealed to you that which We enjoined on Abraham, Moses and Jesus, namely, that you should remain steadfast in religion and be not divided therein' (al-Shura, 42:13). More specifically, in a reference to the Torah, the Qur'an confirms its authority as a source of inspiration and guidance: We revealed the Torah in which there is guidance (huda) and light; and prophets who submitted to God's will have judged the Jews by the standards thereof' (al-Ma'idah, 5:44). It is thus observed that Muhammad, being one of the Prophets, is bound by the guidance that is found in the Torah. Further confirmation for the basic harmony of the divinely revealed laws can be found in the Qur'anic ayah which, in a reference to the previous Prophets, directs the Prophet of Islam to follow their guidance: `Those are the ones to whom God has given guidance, so follow their guidance [hudahum]' (al-Anam 6:90). Basing themselves on these and similar proclamations in the Qur'an, the ulema are unanimous to the effect that all the revealed religions are different manifestations of an essential unity. 241; Qasim, Usul, p. 173.] This is, of course, not to say that there are no differences between them. Since each one of the revealed religions was addressed to different nations at different points of time, they each have their distinctive features which set them apart from the rest. In the area of halal and haram, for example, the rules that are laid down by different religions are not identical. Similarly, in the sphere of devotional practices and the rituals of worship, they differ from one another even if the essence of worship is the same. The Shari'ah of Islam has retained many of the previous laws, while it has in the meantime abrogated or suspended others. For example, the law of retaliation (qisas) and some of the hadd penalties which were prescribed in the Torah have also been prescribed in the Qur'an. Usul, p. 242; Badran, Usul, p.237.] The general rule to be stated here is, however, that notwithstanding their validity in principle, laws that were revealed before the advent of Islam are not applicable to the Muslims. This is especially so with regard to the practical rules of Shari'ah, that is, the ahkam, in which the Shari'ah of Islam is selfcontained....
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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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