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Tuesday May 04, 2004

 
 

 

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Fiqh Studies

Naskh(Abrogation)

The meaning of abrogation (naskh) is that the rule (hukm) of one revelation is completely cancelled by another later revelation. When something is specified it is abrogation of a kind i.e. partial abrogation but it is only in the stated areas of the subject. The criteria for abrogation and specification(takhsees) is that the abrogating or specifying revelation must have been revealed at a later date. However there are only few abrogation in Quran and Sunnah

Example 1

"Devour not Usury, doubled and multiplied" [Ale-Imran: 130].The hukm of the this revelation was abrogated by the verse which came after it, forbidding usury in all its forms, in a general sense.  by the following revelation

"But Allah hath permitted trade and forbidden usury" [Al-Baqarah: 275].

and the verses of usury in Surah Al-Baqarah were of the last of what was sent down regarding usury, and nothing was sent afterwards to specify any further.Therefore it should be understood that usury is forbidden even if it is in small amounts.

Example 2

with regard to the saying of Allah (swt) "And when you travel in the land, there is no sin on you if you shorten the prayer if you fear that the disbelievers may put you in trial. Verily, the disbelievers are ever unto you open enemies" [An-Nisa: 101] the Mafhoom Al-Mukhalafah here is that if you become safe, then it is not permissible to shorten prayers while travelling. But this interpretation was abrogated by the Hadith of the Prophet (saw). When he (saw) was asked regarding this verse, he (saw) said: "It is a charity Allah has given to you, so accept his charity". Hence permission was given to shorten the prayer during a journey, even if one is safe.

Example 3

"And whether you disclose what is in yourselves or conceal it, Allah will call you to account for it."[2:284]

The verse indicates that Allah(swt) even accounts for our passing thoughts.

The hukm of above verse was abrogated by the hukm of the following verse

"Allah burdens not a person beyond his scope" .[Al-Baqarah: 286].

This indicates that although Allah will question His servants and judge them, He will only punish for what one is able to protect himself from. As for what one cannot protect himself from, such as what one says to himself - or passing thoughts - they will not be punished for that. We should state here that to dislike the evil thoughts that cross one's mind is a part of faith.


Mujmal and Mubayyan

And from the texts are the mujmal (comprehensive) and mubayyan (explicit). Whatever the Lawgiver has made comprehensive in one place, yet made it explicit in another, then it is obligatory to return to what the Lawgiver made mubayyan (explicit). Many of the rulings in the Qur‘aan are mujmal (comprehensive) in nature, but have been explicitly explained in the Sunnah. So it is obligatory to return to the bayaan (explicit clarification) of the Messenger sallallaahu ’alayhi wa sallam, since he is the clear explainer from Allaah.

Mukham and Mutashaabih

Similar to this are the texts that are muhkam (equivocal and singular in meaning) and those that are mutashaabih (unequivocal and open to more than one meaning). It is obligatory to understand the mutashaabih in the light of those texts that are muhkam

Muhkama:

Something of which knowledge was desired.
Something with only one dimension.
Something sufflcient in meaning, requiring no further explanation.

Mutashabihat:

Something known to Allah only.
Something with more than one dimension.
Something requiring further explanation

'He it is who has sent down to thee the Book: in it are verses basic or fundamental (of established meaning); they are the foundation of the book: others are allegorical, that is those in whose hearts is perversity follow the part thereof that is allegorical, seeking discord and searching for its hidden meanings, but no one knows its hidden meanings except God and those who are firmly grounded in knowledge say: "We believe in the book; the whole of it is from our Lord;" and none will grasp the message except men of understanding' (Al-Qur'an 3: 7).

Hence in the Qur'an those ayat dealing with halal and haram, punishments, inheritance, promise and threat, etc.belong to the muhkamat, while those concerning the attributes of Allah, the true nature of the resurrection, judgement and life after death etc. belong to the mutashabihat.

Haqiqi Texts(literal)

Literal meaning of the text understood using the Arabic language.

"Cut the hand of the thief, male or female" [al-Maidah:38].The verse means the physical cutting of the hand and nothing more.
 

Majaazi Texts(metaphorical)

when the literal meaning (haqiqi) is impossible,it is allowed to proceed to the metaphorical meaning(majazi).For example

Or (the state of a disbeliever) is like the darkness in a vast deep sea, overwhelmed with waves topped by waves, topped by dark clouds, (layers of) darkness upon darkness: if a man stretches out his hand, he can hardly see it! And he for whom Allah has not appointed light, for him there is no light” [ An-Nur: 40].

This verse illustrates the shaky foundations of the kufr ideologies.

Conclusions

The Islamic legal texts are the best for solving Mankind's problems

It is important for Muslims as a whole understand the Shar'i texts, whether from Qur'an or Sunnah, are the best and most detailed in thought, the widest in scope for generalisation, and the most fertile ground to cultivate general principles. In themselves, they are suitable as legislative texts for all peoples and nations.


They are the best texts for the field of thought, this is due to the way they cover all types of relationships, whether between individuals, the state and its citizens, or between states, peoples and nations. However new and varied these relationships may be, the thought is able to deduce rules for them from these Shar'i texts. They are the best available sources for the field of thought in legislative texts.

As for being the broadest scope for generalisation, this is clear from their grammar, sentences, words and style of expression in terms of covering the wording (Mantooq), meaning (Mafhum), indication (Dalalah), reasoning (Ta'leel) and analogy (Qiyas) based on the reason ('illah) which makes the inference feasible, continuous and inclusive.

The return?

This is just a small example how the Islamic jurisprudence can solve problems of humankind. However we must remember that the era where the Mujtahideen(scholars) will be common and widespread cannot occur without the return of the Khilafah state and its institutions, which will be able to facilitate this.

As Shawki, the poet described life with the Khalifah present

A relationship that its reasons and causes were broken,
It was the best relationship between the souls,
It gathered on the piety those who were present,
and perhaps, It gathered on it (piety) even the secrets of those who were absent,
It placed in order the lines and steps of the Muslims,
In every going out and coming back from the Juma'ah,
The prayer cried, and it is the intrigue of a fiddler,
With the Shar'a, contentious in judgement and insolent.