Principles of Islamic Jurisprudence by MH kamali

This was to a large extent facilitated by the fact

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Unformatted text preview: which could be related to a variety of circumstances. To give one example, on the subject of consultation (shura) the Quran contains only Principles of Islamic Jurisprudence ~ Kamali 38 [Cf. Sabuni, Madkhal, P. two ayat, both of which are general. One of these commands the Prophet to 'consult them [the community] in their affairs' (Al-Imran, 3:159) and the other occurs in the form of praise to the Muslim community on account of the fact that 'they conduct their affairs by consultation among them' (AlShura, 42:38). The fact that both these are general proclamations has made it possible to relate them to almost any stage of development in the socio-political life of the community. The Quran has not specified the manner as to how the principle of shura should be interpreted; it has not specified any subject on which consultation must take place, nor even any person or authority who should be consulted. These are all left to the discretion of the community. In its capacity as the vicegerent of God and the locus of political authority, the community is at liberty to determine the manner in which the principle of shura should be interpreted and enforced. III. The Five Values [Cf. Sha'ban, 'Manhaj, p. 29.] As a characteristic feature of Qur'anic legislation, it may be stated here that commands and prohibitions in the Quran are expressed in a variety of forms which are often open to interpretation and ijtihad. The question as to whether a particular injunction in the Quran amounts to a binding command or to a mere recommendation or even permissibility cannot always be determined from the words and sentences of its text. The subject of commands and prohibitions need not be elaborated here as this is the theme of a separate chapter of this work. It will suffice here to note the diversity of the Quranic language on legislation. Broadly speaking, when God commands or praises something, or recommends a certain form of conduct, or refers to the positive quality of something, or when it is expressed that God loves such-and-such, or when God identifies something as a cause of bounty and reward, all such expressions are indicative of the legality (mashruiyyah) of the conduct in question which partakes in the obligatory and commendable. If the language of the text is inclined on the side of obligation (wujub), such as when there is a definite, demand or a clear emphasis on doing something, the conduct is question in obligatory (wajib), otherwise it is commendable (mandub). Similarly, when God explicitly declares something permissible (halal) or grants a permission (idhn) in respect of doing something, or when it is said that there is 'no blame' or 'no sin' accrued from doing something, or when God denies the prohibition of something, or when the believers are reminded of the bounty of God in respect of things that are created for their benefit, [Note, e.g., 'and He created for you ships and cattle on which you ride' (al-Zukhruf,, 43:12), and 'He created cattle from wh...
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