Principles of Islamic Jurisprudence by MH kamali

Thus in practical legal matters a preferable zann is

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Unformatted text preview: ul, p. 227.] Having said this, however, Ahad may only form the basis of obligation if it fulfills the following requirements: a. That the transmitter is a competent person, which means that reports communicated by a child or a lunatic of whatever age are unacceptable. Women, blind persons and slaves are considered competent for purposes of reporting the Hadith; it is only in regard to being a witness that they suffer some disability. [115. Khudari, Usul, p. 217.] b. The transmitter of Ahad must be a Muslim, which means that a report by a non-Muslim is unacceptable. However, the reporter must fulfill this condition only at the time of reporting the Hadith, but not necessarily at the time when he received the information. There are instances of Hadith, for example, reported by Companions pertaining to the acts of the Prophet which they observed before they had professed Islam.' [116. Khudari, Usul, p. 216.] c. The transmitter must be an upright person ('adl) at the time of reporting the Hadith. The minimum requirement of this condition is that the person has not committed a major sin and does not persist in committing minor ones; nor is he known for persistence in degrading profanities such as eating in the-public thoroughfare, associating with persons of ill repute and indulgence in humiliating jokes. Although the ulema are unanimous on the requirement of uprightness of character ('adalah), they are not in agreement as to what it precisely means. According to the Hanafis, a Muslim who is not a sinner (fasiq) is presumed to be upright. The Shafi'is are more specific on the avoidance of sins, both major and minor, as well as indulgence in profane mubahat. To the Maliki jurist, Ibn al-Hajib, 'adalah refers to piety, observance of religious duties and propriety of conduct. There is also some disagreement among the ulema on the definition of, and distinction between, major and minor sins. Shawkani, Irshad, pp. 48-52.; Hitu, Wajiz, p. 307ff; Abu Zahrah, Usul, p. 86; Mahmassani, Falsafah, p. 74.] [117. For details on the conditions of Ahad see The 'adalah of a transmitter must be established by positive proof. Hence when the 'adalah of a transmitter is unknown, his report is unacceptable. Similarly, a report by an anonymous person (riwayah al-majhul) such as when the chain of transmitters reads in part that 'a man' reported such-and-such is unacceptable. The 'adalah of a narrator may be established by various means including tazkiyah, that is when at least one upright person confirms it, or when the transmitter is known to have been admitted as a witness in court, or when a faqih or a learned person is known to have relied or acted on his report. But there must be positive evidence that the faqih did not do so due to additional factors such as a desire on his part merely to be cautious. Khudari, Usul, p.217.] The qualification of 'adalah is established for all the Companions regardless of their juristic or political views. This conclusion is based on the Qur'an which declares in a reference to the Compa...
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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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