Principles of Islamic Jurisprudence by MH kamali

Government under the rule of law also referred to as

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Unformatted text preview: 0ff.] [For further details on the principles of In the area of civil transactions and commerce, the Quran established mutual agreement as the norm and essence of all contracts. The principal Quranic reform in the area of property was the introduction of the doctrine of istikhlaf: the Quran declares that all property belongs to God, and that man, in his capacity as the vicegerent of God, is a mere trustee, whose exercise of the right of ownership is subjected to the maslahah of society to be supervised by the government. In the sphere of international relations, treaty relations, the conduct of war, and treatment of prisoners of war; all were regulated by a set of principles which aimed at the realisation of justice and respect for human dignity. Relations among individuals were to be governed by the principles of freedom and equality, and the state was equally subjected to the observance, and indeed the protection, of these values. Citizen', 15ff.] VI. Occasions of Revelation (asbab al-nuzul) [Cf. Sabuni, Madkbal, P. 46; Abu Zahrah, Usul, p. 67; Kamali, 'The Asbab al-nuzul deal with the phenomenology of the Quran, and explain the events which are related to the revelation of its particular passages. The well-known asbab al-nuzul have been related to us by reliable Companions. It is a condition for the reliability of such reports that the person relating it should have been present at the time or the occasion which is relevant to a particular passage. The authenticity of such reports is subject to the same rules as are applied to Hadith in general. In this way, reports from the Successors (tabi'un) only which do not go back to the Prophet and his Companions are considered to be weak (da'if). [von Denffer, 'Ulum, P. 93ff.] Principles of Islamic Jurisprudence ~ Kamali 44 The knowledge of asbab al-nuzul is necessary for anyone who wishes to acquire more than a superficial knowledge of the Quran, and there are at least two main reasons to explain this. One of these is that knowledge of words and concepts is incomplete without the knowledge of the context and the nature of the audience. For a form of speech - a question for example - may also convey other meanings such as elucidation, surprise, or reprimand, etc. Similarly, a command may mean a mere permissibility, a recommendation, or a threat, etc., depending on the circumstances in which it is issued and the nature of the audience. An incidental meaning or a shade of expression may at times reflect the main purpose of a particular text and this cannot be known without the knowledge of the asbab al-nuzul. Ignorance of the asbab al-nuzul may thus lead to the omission or misunderstanding of a part or even the whole of an injunction. [Shatibi, Muwafaqat, III, 201.] Secondly, ignorance of asbab al-nuzal may lead to unwarranted disagreement and even conflict. For the Qur'an comprises passages which are in the nature of probability (zahir) and ambiguity (mujmal). Such instances in the text can be clarified by reference to the circumstances in which they were received. It is reported that in a c...
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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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