Principles of Islamic Jurisprudence by MH kamali

This is the implied meaning the text in sura al nisa

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Unformatted text preview: rah of erroneous killing. But the implied meaning of this text does not command the same degree of certainty as the clear words thereof, which is why the ulema are not in agreement on it. In the discussion of the qati and zanni, the Quran and Sunnah are seen as complementary and integral to one another. The reason is that the speculative of the Quran can be made definitive by the Sunnah and vice versa. The zanni of the Qur'an may be elevated into qati by means of corroborative evidence in the Quran itself or in the Sunnah. Similarly, the zanni of the Sunnah may be elevated into qati by means of corroborative evidence in the Sunnah itself or in the Quran. And then the zanni of both the Quran and Sunnah may be elevated into qati by means of a conclusive ijma, especially the ijma of Companions. As stated above, a speculative indication in the text of the Quran or Hadith may be supported by a definitive evidence in either, in which case it is as valid as one which was definitive in the first place. To illustrate this, all the solitary (ahad) ahadith which elaborate the definitive Quranic prohibition of usury (riba) in sura 2:275 are speculative by virtue of being Ahad. But since their substance is supported by the definitive text of the Quran, they become definitive despite any doubt that may exist in respect of their authenticity. Thus as a general rule, all solitary ahadith whose authenticity is open to speculation are elevated to the rank of qati if they can be substantiated by clear evidence in the Quran. [Shatibi, Muwafaqat, III, 9; Qattan, Tashri, p. 82.] However, if the zanni cannot be so substantiated by the qati, it is not binding unless it can be validated by some evidence which may lead to one of the following two possibilities. Firstly, the zanni is found to be in conflict with a qati of the Quran, in which case it must be rejected. To illustrate this, it is reported that the widow of the Prophet, A'ishah, rejected the alleged Hadith that the (soul of the) deceased is tortured by the weeping of his relatives over his death, [Shatibi, Muwafaqat, III, 9.] the reason being that this was contrary to the definitive text of the Quran (al-An'am, 6:164) which provides that 'no soul may be burdened with the burden of another soul'. And secondly, the speculative indication may be such that it cannot be related to a definitive evidence in any way. The ulema have differed on this; some would advise suspension while others would apply the presumption of permissibility (ibahah), but the best view is that the matter is open to ijtihad. [Shatibi, Muwafaqat, III, 12.] The qati of the Quran is an integral part of the dogma, and anyone who rejects or denies its validity automatically renounces Islam. But denying a particular interpretation of the zanni does not amount to transgression. The mujtahid is entitled to give it an interpretation, and so is the ruler who may select one Principles of Islamic Jurisprudence ~ Kamali 34 of the various interpretations for purposes of enforcement. P. 35; Badran, Usul, p. 67.] II. Brevity and Detail (al-ijmal wa'l-tafsil) [Shaltut, Al-Islam,...
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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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