Principles of Islamic Jurisprudence by MH kamali

P 432 salih mabahith p 302 khudari usul p 123 2

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Unformatted text preview: ivorced women who are observing their waiting period ('iddah). The text proclaims: 'If they are pregnant, then provide them with maintenance until they deliver the child' (al-Talaq, 65:6). The condition here is pregnancy and the hukm applies only when this condition is present. By way of mafhum al-mukhalafah, it is concluded, by those who validate this method at least, that maintenance is not required if the divorced woman, who is finally divorced, is not pregnant. Similarly, the Qur'anic text which provides for a concession in regard to fasting is conveyed in conditional terms. Having laid down the duty of fasting, the text then continues: 'but if any one is ill or traveling, the prescribed fasting should be observed later' (al-Baqarah, 2:185). By way of mafhum al-mukhalafah, it is concluded that the concession to break the fast does not apply if one is neither ill nor traveling, which is a valid interpretation. [31. Hitu, Wajiz, p. 127;] 3. Mafhum al-Ghayah (Implication of the Extent). When the text itself demarcates the extent or scope of the operation of its ruling, the latter will obtain only within the scope of the stated limits and will lapse when the limit is surpassed. To illustrate this, the Qur'anic text on the time of fasting provides the farthest limit beyond which one must stop eating and drinking during Ramadan: 'Eat and drink until you see the white streak [of dawn in the horizon] distinctly from the black' (al-Baqarah, 2:187). By way of mafhum al-mukhalafah, it is concluded that when whiteness appears in the horizon, one may neither eat nor drink. [32. Khudari, Usul, p. 123] 4. Mafhum al-Adad (Implication of the Stated Number). When the ruling of a text is conveyed in terms of a specified number, the number so stated must be carefully observed. Thus the Qur'anic text on the punishment of adultery is clearly stated to be one hundred lashes (al-Nur, 24:2) By way of mafhum almukhalafah this text is taken to mean that it is not permissible either to increase or decrease the stated number of lashes. [33. Khudari, Usul, p. 123.] In conclusion, it may be said that the foregoing methods are generally designed to encourage rational enquiry in the deduction of the ahkam from the divinely revealed sources. They provide the jurist and the mujtahid with guidelines so as to ensure the propriety of interpretation and ijtihad. The restrictions Principles of Islamic Jurisprudence ~ Kamali 129 [30. Badran, Usul, that are imposed on the liberty of the mujtahid are obvious enough in that the textual rulings of the Qur'an and Sunnah must be treated carefully so that they are not stretched beyond the limits of their correct implications. Yet the main thrust of the guidelines that are provided is one of encouragement to the exercise of rational enquiry in the understanding and implementation of the nusus. The rules of interpretation that are discussed under this and the preceding chapter are once again indicative of the primacy of revelation over reason, and yet...
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