Principles of Islamic Jurisprudence by MH kamali

Thus a reference is made to sura al nisa 459 which

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Unformatted text preview: I'lam, I, 197; Abu Zahrah, Usul, p.175; Khallaf, 'Ilm, p.54.] The same line of reasoning has been advanced with regard to a text in sura al-Nisa' (4:105) which proclaims: `We have sent to you the Book with the Truth so that you may judge among people by means of what God has shown you.' A judgment may thus be based on the guidance that God has clearly given or on that which bears close similarity to it. [62. Ghazali, Mustasfa, II, 64; Shatibi, Muwafaqat, III, 217; Ibn Qayyim, I'lam, I. 198.] The Qur'an often indicates the rationale of its laws either explicitly or by reference to its objectives. The rationale of retaliation, for example, is to protect life, and this is clearly stated in the text (al-Baqarah. 2:79). Likewise, the rationale of zakah is to prevent the concentration of wealth in a few hands, which is clearly stated in the Qur'an (al-Hashr, 59:7). Elsewhere in the Qur'an, we read in a reference to the permissibility of tayammum (ablution with sand in the absence of water) that `God does not intend to impose hardship on you' (al-Ma'idah, 5:6). In all these instances, the Qur'an provides clear indications which call for recourse to qiyas. In the absence of a clear ruling in the text, qiyas must still be utilised as a means of achieving the general objectives of the Lawgiver. It is thus concluded that the indication of causes and objectives, similitudes and contrasts, would be meaningless if they were not observed and followed as a guide for conduct in the determination of the ahkam. [63. Abu Zahrah, Usul, p. 176.] The proponents of qiyas have further quoted, in support of their views, a verse in sura al-Hashr (59:2) which enjoins: `Consider, O you possessors of eyes!' `Consideration' in this context means attention to similitudes and comparison between similar things. Two other ayat which are variously quoted by the ulema occur in sura al-Nazi`at, that `there is a lesson in this for one who fears' (79:26); and in Al-Imran (3:13) which provides: 'in their narratives there was a lesson for those who possessed vision'. There are two types of indication in the Sunnah to which the proponents of qiyas have referred: 1) Qiyas is a form of ijtihad, which is expressly validated in the Hadith of Mu`adh b. Jabal. It is reported that the Prophet asked Mu`adh upon the latter's departure as judge to the Yemen, questions in answer to which Mu`adh told the Prophet that he would resort to his own ijtihad in the event that he failed to find guidance in the Qur'an and the Sunnah, and the Prophet was pleased with this reply. Since the Hadith does not specify any form of reasoning in particular, analogical reasoning falls within the meaning of this Hadith. [64. Abu Dawud, Sunan (Hasan's trans.) III, 109 (Hadith 1038), Khallaf, `Ilm, p.56.] 2) The Sunnah provides evidence that the Prophet resorted to analogical reasoning on occasions when he did not receive a revelation on a particular matter. On one such occasion, a woman known as alKhath 'amiyyah came to him and said that her father had died without performing the hajj. Would it Principles of Islamic Jurisprudence ~ Kamali 198 benefit him if she performed the hajj on her father's be...
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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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