Principles of Islamic Jurisprudence by MH kamali

Thus when a man utters the credo of islam to achieve

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Unformatted text preview: ot valid. The reason is that the true purpose of confession to the faith is the exaltation and worship of God, and if this is violated, a formal confession is of no value. Similarly, if a man says a prayer for the sake of display and self-commendation, it is not valid. The real purpose and value of the law is therefore of primary importance, and indeed it is necessary that the mujtahid identifies it so as to be able to implement the law in accordance with its purpose. The Quran admittedly requires unquestioning obedience to God and to His Messenger, but at the same time, it exhorts men to understand the spirit and purpose of God's injunctions. Time and time again, the Quran invites the believers to rational enquiry, as opposed to blind imitation, in the acceptance of its messages. [Cf. Ahmad Hasan, 'Rationality', 102.] Talil acquires a special significance in the context of analogical deduction. Illah is an essential requirement, indeed the sine qua non of analogy. To enable the extension of an existing rule of the Shariah to similar cases, the mujtahid must establish a common illah between the original and the new case. Without the identification of a common 'illah between two parallel cases, no analogy can be constructed. To this it may be added that there is a variety of qiyas, known as qiyas mansus al-illah, or qiyas whose 'illah is indicated in the nass, in which the 'illah of the law is already identified in the text. When the illah is so identified, there remains no need for the mujtahid to establish the effective cause of the injunction by recourse to reasoning or ijtihad. However, this variety of qiyas is limited in scope when it is compared to qiyas whose 'illah is not so indicated on the nusus. It thus remains true to say that ta'lil, that is, the search to identify the 'effective cause of the shariah rules, is of central importance to qiyas. Further discussion on the illah of analogy, the manner of its identification, and rules which govern the propriety of ta'lil in qiyas can be found in our discussion of qiyas in a separate chapter below. Principles of Islamic Jurisprudence ~ Kamali 42 There seems to be a confusion on the part of the opponents of talil as to the purpose and nature of talil. The opponents of talil seem to have perceived this phenomenon as a sign of impudence and impropriety in belief. In reality, however, this need not be the case. One may attempt talil while remaining totally faithful to the divine origin and essence of the Quran. To exercise talil does not lessen either the binding power or the holiness of the divine injunctions. We may, for example, offer various interpretations of the cause of performing the salah or of giving zakah; but whether we can understand the reason or not, salah and zakah are still obligatory upon Muslims. V. Inimitability (i'jaz) of the Quran This is reflected in at least four aspects of the Quran. First, in its linguistic excellence: many scholars have pointed out that there exists no piece of literature that ca...
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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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