Principles of Islamic Jurisprudence by MH kamali

G and he created for you ships and cattle on which

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Unformatted text preview: ich you derive warmth ... and you eat of their meat' (al-Nahl, 16:5), and 'say, who has forbidden the beautiful gifts of God which He has produced for His servants, and the clean food for their sustenance' (al-Araf,7:32).] all such expressions are indicative of permissibility (ibahah) and option (takhyir) in respect of the conduct or the object in question. Principles of Islamic Jurisprudence ~ Kamali 39 Whenever God demands the avoidance of a certain conduct, or when He denounces a certain act, or identifies it as a cause for punishment, or when a certain conduct is cursed and regarded as the work of Satan, or when its harmful effects are emphasised, or when something is proclaimed unclean, a sin or a deviation (ithm, fisq) - all such expressions are indicative of prohibition which partakes in abomination (karahah). If the language is explicit and emphatic in regard to prohibition, the conduct/object in question becomes haram, otherwise it is reprehensible, or makruh. It is for the mujtahid to determine the precise value of such injunctions in the light of both the language of the text as well as the general objectives and principles of the Shariah. [Cf. Shabin,'Manhaj', pp. 22-23.] This style of Quranic legislation, and the fact that it leaves room for flexibility in the evaluation of its injunctions, is once again in harmony with the timeless validity of its laws. The Quran is not specific on the precise value of its injunctions, and it leaves open the possibility that a command in the Quran may sometimes imply an obligation, a recommendation or a mere permissibility. The Quran does not employ the categories known as the five values (al-ahkam al-khamsah) which the fuqaha' have attempted to specify in juristic manuals. When an act is evaluated as obligatory, it is labeled fard or wajib; when it is absolutely forbidden, it is evaluated as haram. The shades of values which occur between these two extremes are primarily religious in character and provide a yardstick which can be applied to any type of human conduct. But only the two extremes, namely the wajib and haram, incorporate legal commands and prohibitions. The rest are largely non-legal and non-justiciable in a court of law. The Quran thus leaves open the possibility, although not without reservations, of enacting into haram what may have been classified by the fuqaha' of one age as merely reprehensible, or makruh. Similarly, the recommendable, or mandub, may be elevated into a wajib if this is deemed to be in the interest of the community in a different stage of its experience and development. IV. Ratiocination (ta'lil) in the Quran Literally talil means 'causation', or 'search for the causes', and refers to the logical relationship between the cause and effect. But the ulema of jurisprudence tend to use talil and its derivative 'illah, for different purposes. In its juridical usage, 'illah (i.e. effective cause) does not exactly refer to a causal relationship between two phenomena; it rather means the ratio o...
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