Principles of Islamic Jurisprudence by MH kamali

Thus it is suggested that every nation has a shariah

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Unformatted text preview: sufficient, as the Qur'an itself contains numerous references to other revealed scriptures. Further more it is well-known that the Prophet did not resort to the Torah and Injil in order to find the rulings of particular issues, especially at times when he postponed matters in anticipation of divine revelation. This would obviously imply that the Prophet did not regard the previous laws as binding on his own community. Ghazali, Mustasfa, I, 133. The only exception which is cited in this connection is when the Prophet referred to the Torah on the stoning of Jews for adultery. But this was only to show, as Ghazali explains, that stoning (rajm) was not against their religion, and not because the Prophet regarded the Torah as a source of law.] The correct view is that of the majority, which maintains that the Shari`ah of Islam only abrogates rules which were disagreeable to its teachings. The Qur'an, on the whole, confirms the Torah and the Injil, and whenever a ruling of the previous scriptures is quoted without abrogation, it becomes an integral part of the Shari'ah of Islam. [13. Khallaf, `Ilm, p. 94.] And finally, it may be added, as Abu Zahrah has pointed out, that disagreement among jurists on the authority or otherwise of the previous revelations is of little practical consequence, as the Shari'ah of Islam is generally self-contained and its laws are clearly identified. With regard to retaliation, for example, notwithstanding the differences of opinion among the jurists as to the precise import of the Qur'anic references to this subject, the issue is resolved, once and for all, by the Sunnah which contains clear instructions on retaliation and leaves no doubt that it is an integral part of the Shari'ah of Islam. [14. Abu Zahrah, Usul, p. 242.] Principles of Islamic Jurisprudence ~ Kamali 209 [12. Chapter Eleven: The Fatwa of a Companion The Sunni ulema are in agreement that the consensus (ijma`) of the Companions of the Prophet is a binding proof, and represents the most authoritative form of ijma'. The question arises, however, as to whether the saying or fatwa of a single Companion should also be recognised as a proof, and given precedence over evidences such as qiyas or the fatwas of other mujtahidun. A number of leading jurists from various schools have answered this question in the affirmative, and have held the view that the fatwa of a Companion is a proof (hujjah) which must be followed. Then argument is that following the demise of the Prophet, the leadership of the Muslim community fell upon their shoulders, and a number of learned Companions, with then intimate knowledge of the Qur'an and the teachings of the Prophet were able to formulate fatwas and issue decisions on a wide range of issues. The direct access to the Prophet that the Companions enjoyed during his lifetime, and their knowledge of the problems and circumstances surrounding the revelation of the Qur'an, known as the asbab al-nuzul, put them in a unique position to formulate ijtihad and to issue fatwas on the problems that they encountered. Some u...
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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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