Principles of Islamic Jurisprudence by MH kamali

Yet the main thrust of the guidelines that are

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: they are, at the same time, an embodiment of the significant role that reason must play side by side with the revelation. The two are substantially concurrent and complementary to one another. Principles of Islamic Jurisprudence ~ Kamali 130 Chapter Six: Commands and Prohibitions The language of the Qur'an (and the Sunnah) differs from that of modern statutes in that Qur'anic legislation is not confined to commands and prohibitions and their consequences, but is often coupled with an appeal to the conscience of the individual. This moral appeal may consist of a persuasion or a warning, an allusion to the possible benefit or harm that may accrue from observing or violating an injunction, or a promise of reward/punishment in the hereafter. Modern laws are often devoid of such appeals, as they are usually confined to an exposition of imperative rules anti their tangible results. Shaltut, Islam, p 499.] Commands and prohibitions in the Qur'an occur in a variety of forms. While an injunction is normally expected to be in the imperative mood, there are occasions where a simple past is used as a substitute. For example, the injunctions that `retaliation is prescribed for you in cases of murder' and that `fasting is prescribed for you' (al-Baqarah, 2:178 and 183) are both expressed in the past tense. Similarly, a Qur'anic injunction may occur in the form of a moral condemnation of a certain form of conduct, such as the rule on the sanctity of private dwellings which provides: 'It is no virtue to enter houses from the back' (al-Baqarah, 2: 189) [2. This is one of the several ayat which occur in the Quran concerning the privacy of one's home.] . Also, a Qur'anic command/prohibition may be conveyed in the form of an allusion to the consequences of a form of conduct, such as a promise of reward or punishment in the hereafter. For example, after expounding the rules of inheritance in sura al-Nisa' (4:13-14) the text goes on to promise to those who observe them a reward, and warns violators of a punishment, in the hereafter. I. Commands A command proper (amr) is defined as a verbal demand to do something issued from a position of superiority over who is inferior. [3. Badran, Usul, p. 360.] Command in this sense differs from both supplication (du`a') and request (iltimas) in that the former is a demand from an inferior to one who is superior, whereas a request is a demand among people of equal or near-equal status. Since a verbal command can mean different things, namely an obligatory order, a mere recommendation, or even permissibility, the ulema have differed as to which of these is the primary and which the secondary meaning of a command. Some have held the view that amr is in the nature of a homonym (mushtarak) which imparts all of these meanings. Others have held that amr partakes in only two of these concepts, namely obligation and recommendation, butt not permissibility. Still others have held that amr implies a Principles of Islamic Jurisprudence ~ Kamali 131 [...
View Full Document

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.

Ask a homework question - tutors are online