Principles of Islamic Jurisprudence by MH kamali

P75 badran usul p362 a command may according to the

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Unformatted text preview: 7:64). A command may similarly imply contempt (ihanah) such as the Qur'anic address to the unbelievers on the Day of Judgment: 'Taste [the torture], you mighty and honourable!' A command may sometimes imply supplication when someone says, for example, `O Lord grant me forgiveness', and indeed a host of other meanings which may be understood in the light of the context and surrounding Principles of Islamic Jurisprudence ~ Kamali 132 [5. Cf. Shatibi, [6. Khallaf, Ilm, p.111.] [7. Abu Zahrah, Usul, circumstances. [8. Badran, Usul, p.363; Hitu, Wajiz, pp.134-138] As already noted, the majority of ulema have held that a command normally conveys an obligation unless there are indications to suggest otherwise. The Lawgiver may at times order something which has hitherto been prohibited. The question then arises as to the nature of a command which follows a prohibition (al-amr ba'd al-hazar); does it convey an obligation or a mere permissibility? The majority of ulema have held the view that a command following a prohibition means permissibility, not obligation. Two examples of such a command in the Qur'an have already been given above in the context of the permission to hunt following its prohibition during the hajj ceremonies and the permission to conduct trade following its prohibition at the time of the Friday prayers (al-Ma'idah, 5:2; and al-Jumu'ah, 62:10 respectively) [9. Badran, Usul, p.363; Hitu, Wajiz, p.141.] An example of such a command in the Sunnah is the Hadith in which the Prophet is reported to have said: 'I had forbidden you from ,visiting the graves. Nay, visit them, for it reminds you of the hereafter'. Ghazali, Mustasfa, I, 83; Amidi, Ihkam, IV, 211; Tabrizi, Mishkat, I, 554, Hadith no.1769.] The next question which arises in this connection is whether a command requires a single compliance or repetition. According to the majority view, this question can only be determined in the light of indication, which might specify that repeated performance is required. However in the absence of such indications, a single instance of performance is the minimum requirement of a command. Among the indications which determine repetition is when a command is issued in conditional terms. For example, the Qur'anic provision `if you are impure then clean yourselves' (al-Ma'idah, 5:7), or the text which provides: 'The adulterer and adulteress, flog them each one hundred lashes', that is, if they commit adultery (al-Nur, 24:2). Since the command to take a bath in the first ayah is conditional on janabah, that is, on sexual intercourse, then a bath must be taken following every instance of sexual intercourse. Similarly when a command is dependent on a cause or an attribute, then it must be fulfilled whenever the cause or the attribute is present. The Qur'anic command, for example, which reads: `Perform the salah at the decline of the sun' (Bani Isra'il, 17:18), requires repeated performance at every instance when the cause for it is present, that is, when the specified time of salah arrives. Badran, Usul, p.364.] Principles of Islamic Jurisprudence ~ Kamali 133 [10. [11. Shawkani...
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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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