Principles of Islamic Jurisprudence by MH kamali

This type of amm is zahir in respect of its

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Unformatted text preview: e divorced women must observe. This ruling occurs in sura al-Ahzab (33:49) which is as follows: 'O believers! When you enter the contract of marriage with believing women and then divorce them before consummating the marriage, they do not have to observe any 'iddah'. In this way, women who are divorced prior to consummating the marriage are excluded from Principles of Islamic Jurisprudence ~ Kamali 103 the general requirement of the first ayah. The second ayah, in other words, specifies the first. Usul, pp. 386-387; Khallaf, 'Ilm, p. 185.] In grammatical terms, the 'Amm in its Arabic usage takes a variety of identifiable forms. The grammatical forms in which the 'Amm occurs are, however, numerous, and owing to the dominantly linguistic and Arabic nature of the subject, I shall only attempt to explain some of the well-known patterns of the 'Amm. When a singular or a plural form of a noun is preceded by the definite article al it is identified as 'Amm. For example the Qur'anic text which provides, 'the adulterer, whether a woman or a man, flog them one hundred lashes' (al-Nur, 24:2). Here the article al preceding 'adulterer' (al-zaniyah wa'l-zani) indicates that all adulterers must suffer the prescribed punishment. Similarly, when the plural form of a noun is preceded by al, it is identified as 'Amm. The example that we gave above relating to the waiting period of the divorced women (al-mutallaqat) is a case in point. The ayah in question begins by the word 'almutallaqat', that is, 'the divorced women' [48. Khallaf, 'Ilm, p. 182 ff; Badran, Usul, p. 371 ff; Abdur Rahim, Jurisprudence, p. 86 ff.] who are required to observe a waiting period of three courses before they can marry again. 'The divorced women' is an 'Amm which comprises all to whom this expression can apply. The Arabic expressions jami', kaffah and kull ('all', 'entire'), are generic in their effect, and when they precede or succeed a word, the latter comprises all to which it is applicable. We have already illustrated the occurrence of 'kull' in the Qur'anic text where we read 'We made everything [kulla shay'in] alive from water'. The word jami' has a similar effect when it precedes or follows another word. Thus the Qur'anic text which reads, 'He has created for you all that is in the earth' [khalaqa lakum ma fi'l-ard jami'a] (al-Baqarah, 2:29) means that everything in the earth is created for the benefit of man. Similarly, when a word, usually a plural noun, is prefixed by a conjunctive such as walladhina ('those men who') and wallati ('those women who'), it becomes generic in its effect. An example of this in the Qur'an occurs in sura al-Nur (24:21): 'Those who [walladhina] accuse chaste women of adultery and fail to bring four witnesses, flog them eighty lashes.' This ruling is general as it applies to all those who can possibly be included in its scope, and it remains so unless there is evidence to warrant specification. As it happens, this ruling has, in so far as it relates to the proof of slanderous accusation, been specified by a subsequent ayah in...
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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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