Principles of Islamic Jurisprudence by MH kamali

Thus it is concluded that the sunnah is not separate

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Unformatted text preview: e general objectives of the Qur'an and Sunnah: The Sunnah and the Qur'an are unanimous in their pursuit of the three-fold objectives of protecting the necessities (daruriyyat), complementary requirements (hajiyyat) and the 'embellishments' (tahsiniyyat). [78. For further discussion see Chapter xiii on maslahah mursalah. ] It is then argued that even when the Sunnah broaches new ground, it is with the purpose of giving effect to one or the other of the Principles of Islamic Jurisprudence ~ Kamali 64 [76. Cf. Siba'i, Al-Sunnah, p. objectives that have been validated in the Qur'an. Thus the identity between the Qur'an and Sunnah is transferred, from one of theme and subject, to that of the main purpose and spirit that is common to both. [79. Cf. Siba'i, Al-Sunnah, p. 388-90.] And finally, the majority explain that some of the rulings of the Sunnah consist of an analogy to the Qur'an. For example, the Qur'an has decreed that no one may marry two sisters simultaneously. The Hadith (cited below on page 71) which prohibits simultaneous marriage to the maternal and paternal aunt of one's wife is based on the same effective cause ('illah), which is to avoid the severance of close ties of kinship (qat' al-arham). In short, the Sunnah as a whole is no more than a supplement to the Qur'an. The Qur'an is indeed more than comprehensive and provides complete guidance on the broad outline of the entire body of the Shari'ah. [80. Cf. Siba'i, Al-Sunnah, p. 388-90.] In conclusion, it may be said that both sides are essentially in agreement on the authority of Sunnah as a source of law and its principal role in relationship to the Qur'an. They both acknowledge that the Sunnah contains legislation which is not found in the Qur'an. [81. Cf. Siba'i, Al-Sunnah,, p. 385 ] The difference between them seems to be one of interpretation rather than substance. The Qur'anic ayat on the duty of obedience to the Prophet, and those which assign to him the role of the interpreter of the Qur'an, are open to variant interpretations. These passages have been quoted in support of both the views, that the Sunnah is supplementary to the Qur'an, and that it is an independent source. The point which is basic to both these views is the authority of the Prophet and the duty of adherence to his Sunnah. In the meantime, both sides acknowledge the fact that the Sunnah contains legislation which is additional to the Qur'an. When this is recognised, the rest of the debate becomes largely redundant. For what else is there to be achieved by the argument that the Sunnah is an independent source? The partisans of the two views have, in effect, resolved their differences without perhaps declaring this to be the case. Since the Qur'an provides ample evidence to the effect that the Prophet explains the Qur'an and that he must be obeyed, there is no need to advance a theoretical conflict between the two facets of a basic unity. Both views can be admitted without the risk of running into a logical contradiction. The two views should therefore be seen not as contradictory but as logical extensions of one anoth...
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