Transcript الشريحة 1

Contents of the Lesson
Characteristics of Quranic Legislation
The Definitive (Qat’i) and the Speculative
(Zanni)
Brevity and Detail (al-Ijmal wa’l Tafsil)
The Five Values
Ratiocination (Ta’lil) in the Quran
Inimitability (I’jaz) of the Quran
The Occasions of the Revelation (Asbab alNuzul )
Characteristics of Quranic Legislation
Since the Quran addresses the conscience of the
individual with a view to persuading and convincing
him of the truth and the divine origin of its message, it
is often combined with allusions ‫ تلميحات‬to the benefits
that may accrue from the observance of its commands
or the harm prevented by its prohibitions. This is a
feature of the Quranic legislation that is closely
associated with ratiocination ‫(االستدالل المنطقى‬ta’lil) and
provided the mujtahid with a basis on which to
conduct further enquiry into ta’lil.
Of all the characteristic features of Quranic legislation,
its division into qat’i and zanni is perhaps the most
significant and far reaching, as it related to almost any
aspect of enquiry into Quranic legislation.
I.I The Definitive (Qat’i) and the Speculative
(Zanni)
A ruling of the Quran may be conveyed in a text which
is either explicit or clear, or in language that is open to
different interpretations.
A definitive test is one which is clear and specific; it is
only one meaning and admits no other interpretations.
The rulings of the Quran on the essentials of the faith
such as salah and fasting, the specified shares in
inheritance and the prescribed penalties, are all‫قطعى‬
qat’i: their validity may not be disputed by anyone;
everyone is bound to follow them; and they are not
open to ijtihad.
I.1 The Definitive (Qat’i) and the Speculative (Zanni)
The speculative ayat of the Quran are open to
interpretation and ijtihad. The best interpretation is
that which can be obtained from the Quran itself by
looking at the Quran as a whole and finding the
necessary elaboration elsewhere in a similar or even a
different context.
The Sunnah is another source that supplements the
Quran and interprets its rulings.
When necessary
interpretation can be found in an authentic hadith, it
becomes an integral part of the Quran and both
together carry a binding force.
The Companions are next in the order of interpretation
of the Quran; they are well-qualified to interpret the
Quran in the light of their close familiarity with its
text, the surrounding circumstances, and the teaching
of the Prophet (peace be upon him).
I.1 The Definitive (Qat’i) and the Speculative (Zanni)
A Quranic injunction may simultaneously possess a definitive
and a speculative meaning, in which case each of the two
meanings will convey a ruling independently of the other.
(and wipe your heads' (al-Ma’idah, 5:6). This text is definitive on the requirement
of wiping (mash) of the head in wudu', but since it does not specify the precise
area of the head to be wiped, it is speculative in regard to
this point.
There are sometime instances where the scope of disagreement
about the interpretation of the Quran is fairly extensive.
Ijtihad is encouraged; for the Shariah does not restrict the liberty of
the indiviaual to investigate and express an opinion. They may be
right or they may be wrong, and in either case, the diversity of
opinion offers the political authority a range of choice from which to
select the view it deems to be most beneficial to the community.
When the ruler authorizes a particular interpretation of the Quran
and enacts it into law, it becomes obligatory for everyone to follow
only the authorized version.
I.1 The Definitive (Qat’i) and the Speculative (Zanni)
The uluma are in agreement that the specific
(khass) of the Quran (and of Sunnah) is
definitive, but they are in disagreement as to
whether the general (‘amm) is definitive or
speculative.
The Hanafis maintain that the ‘amm is
definitive and binding but the Malikis, Shafi’is
and Hanbalis hold that the ‘amm by itself is
speculative and open to qualification and
specification.
I.1 The Definitive (Qat’i) and the Speculative (Zanni)
The ‘amm and khass may be related to qat’i and zanni. First,
we may highlight the zanni content of the ‘amm by referring
to the Quranic ruling of al-Nisa, 4:23. This is a general ruling
in that mothers, daughters, sisters, etc. are all ‘amm as they
include the case of the ‘mother’, not only the real mother but
also the step-mother, foster mother, and even the
grandmother. The application of these terms to all of their
various meanings is qat’i according to the Hanafis, but is
zanni according to the majority of ‘ulama.
Whenever the zanni of the Quran is explained and clarified
by the Quran itself or by the Sunnah, it may become qat’i, in
which case the clarification becomes an integral part of the
original ruling.
On the subject of prohibited degrees in marriage, there is
ample evidence both in the Quran and the Sunnah to specify
and elaborate the ‘amm of the Quran on this subject.
When the Quran pr the Sunnah specifies a
general ruling of the Quran, the part which is
so specified becomes qat’i.
Example of the ‫عام‬which can be clearly seen in its capacity
as ‫ ظنى‬:the Qur’anic proclamation that 'God has permitted
sale but prohibited usury' (al-Baqarah, 2:275).
This is a general ruling in the sense that sale, any sale, is
made lawful. But there are certain varieties of sale which are
specifically forbidden by the Sunnah. Consequently, the
‘Amm of this ayah is specified by the Sunnah to the extent
that some varieties of sale, such as sale of unripe fruit on a
tree, were forbidden and therefore excluded from the scope
of this ayah
The uluma are all in agreement to the effect
that once the ‘amm has been specified even
in a narrow and limited sense, the part which
still remains unspecified is reduced to the
zani and will be treated as such.
the khass of the Quran normally occurs in the
form of a command or a prohibition which can
either be qat’i or zanni.
the zanni component of a command or a
prohibition is readily identified by the fact that
a command in the quran may amount either to
wajib or to mandub or even to a mere mubah.
similarly, it is not always certain whether a
prohibition in the quran amounts to a total ban
(tahrim) or to a mere abomination (karahah).
I.2 Brevity and Detail (al-Ijmal wa’l Tafsil)
Most of the legal contents of the Quran consist of
general rules, although it contains specific
injunctions on a number of topics. The Quran is
specific on matters that are unchangeable.
Quranic legislation is generally detailed on devotional
‫تعبدى‬matters and subjects that have a devotional
aspect, such as matrimonial law and inheritance.
As for the laws of the Quran on civil transactions
or ‫معامالت‬, these are generally confined to an
exposition of the broad and general principles and
they remain open to interpretation and ijtihad.
I.2 Brevity and Detail (al-Ijmal wa’l Tafsil)
The detailed varieties of lawful trade, the forms of
unlawful interferences with the property of others,
and the varieties of usurious transactions, are matters
on which the Quran has not elaborated. Some are
explained and elaborated by the Sunnah. The rest are
for scholars and mujtahidun of every age to specify
them in the light of the general principles of the
Shariah and the needs and interests of people.
In the sphere of crimes and penalties, Quranic
legislation is specific with regard to only five
offences: murder, theft, highway robbery, zina and
slanderous accusations. As for the rest, the Quran
authorizes the community and those who are in
charge of their affairs (i.e. the ulu al-amr) to determine
them in the light of the general principles of Shariah
In the area of international relations,
the general principle on which relations between
Muslims and non-Muslims are to be regulated is stated in
the following passage:
God does not forbid you to act considerately towards
those who have never fought you over religion nor
evicted you from you homes, nor [does he forbid you] to
act fairly towards them. God loves the fairminded. He
only forbids you to be friendly with the ones who have
fought you over [your] religion and evicted you from
your homes and have abetted others in your eviction.
Those who befriend them are wrongdoers (al‫اال اي ْن اها ُك ُم ه‬
Mumtahinah, 60:8-9). ‫الدِّين اولا ْم‬
‫َّللا ُ اع ِن الهذِينا لا ْم ُي اقاتِلُو ُك ْم فِي‬
ِ
‫) إِ هن اما‬8( ‫ِب ا ْل ُم ْقسِ طِ ينا‬
ُّ ‫َّللا ُيح‬
‫ار ُك ْم أانْ ات اب ُّرو ُه ْم او ُت ْقسِ ُطوا إِلا ْي ِه ْم إِنه ه ا‬
ِ ‫ُي ْخ ِر ُجو ُك ْم مِنْ ِد اي‬
‫اي ْن اها ُك ُم ه‬
‫ار ُك ْم او اظا اه ُروا اعلاى إِ ْخ ارا ِج ُك ْم‬
ِ ‫َّللا ُ اع ِن الهذِينا اقا اتلُو ُك ْم فِي الد‬
ِ ‫ِّين اوأا ْخ ار ُجو ُك ْم مِنْ ِد اي‬
‫أانْ ات اوله ْو ُه ْم او امنْ اي ات اوله ُه ْم افأُولائِ اك ُه ُم ه‬
)9( ‫الظالِ ُمونا‬
I.2 Brevity and Detail (al-Ijmal wa’l Tafsil)
The Quran itself warns the believers against seeking
the regulation of everything by the express terms of
divine revelation, as this is likely to lead to rigidity and
burdensome restrictions.
The Quran further reveals that on matters pertaining to
belief, the basic principles of morality, man’s relations
with his Creator, and what are referred to as
ghaybiyyat, these matters are unchangeable, the
Quran is clear and detailed as clarity and certainty are
necessary requirements of belief.
Since the general, the ambiguous and the difficult
portions of the Quran were in need of elaboration and
takhsis (specification), the Prophet was expected to
provide the necessary details and determine the
particular focus of the general rulings of the Quran.
I.3 The Five Values
When God commands or praises something, or
recommends
a certain form of conduct, or refers
to the positive quality of something, or when it is
expressed that God loves such-and-such, or when
God identifies something as a cause of bounty and
reward, all such expressions are indicative of the
legality (mashru’iyyah) of the conduct in question,
which partakes of the obligatory and commendable.
If the language of the text is inclined on the side of
obligation (wujub), such as when there is a definite
demand or a clear emphasis on doing something, the
conduct in question is obligatory (wajib), otherwise it
is commendable (mandub).
When God explicitly declares something permissible (halal) or
grants a permission (idhn) in respect of doing something, or
when it is said that there is ‘no blame’ or ‘no sin’ accrued from
doing something, or when God denies the prohibition of
something, or when the believers are reminded of the bounty of
God in respect of things that are created for their benefit, all such
expressions are indicative of permissibility and the right to
choose (takhyir) in respect of the conduct or the object in
question.
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 kind of conduct is cursed and
regarded as the work of Satan, or when its harmful effects are
emphasized, or when something is proclaimed unclean, a sin or
deviation (ithm, fisq) all such expressions are indicative of
prohibition (tahrim) or abomination (karahah).
If the language is explicit and emphatic in regard to prohibition,
the conduct or object in question becomes haram, otherwise it is
reprehensible, or makruh.
I.4 Ratiocination (process of reasoning) in the Quran
‫التعليل‬
Literally ta’lil means ‘causation’, to a ‘search for the causes’, and
refers to the logical relationship between cause and effect.
The uluma of jurisprudence tend to use ta’lil and its derivative,
‘illah, for different purposes. In its juridical usage, ‘ ‫( العلة‬effective
cause) does not exactly refer to a casual relationship between
two phenomena; it means the ratio of the law, its value and its
purpose.
Broadly, ‫ العلة‬refers to the rationale of an injunction; it is
synonymous with hikmah, that is, the purpose and the objective
of the law.
Sabab, ‫ السبب‬which is synonymous with
interchangeably.
‫ العلة‬are often used
The uluma of usul tend to use sabab in reference to devotional
matters (ibadat) and use ‘illah in all other contexts
Ratiocination (process of reasoning) in the Quran
‫التعليل‬
‫ السبب‬also differ in that ‫ العلة‬signifies the
immediate cause where ‫ السبب‬may be intermediate.
‫ العلة‬and
The authority of the Quran as the principal source of
the Shariah is basically independent of ratiocination.
The believers are supposed to accept its ruling
regardless of whether they can be rationally
explained.
There are instances where the Quran justifies its
rulings with reference to the benefits that accrue from
them, or the objectives they may serve.
Such
explanations are often designed to make the Quran
easier to understand.
I.4 Ratiocination (‫ )التعليل‬in the Quran
The ahkam of the Shariah work towards certain
objectives, and when these can be identified, it is not
permissible to pursue them but is our duty to make
an effort to identify and implement them.
Since the realization of the objectives (maqasid) of
the Shariah necessitates identification of the
cause/rationale of the ahkam, it becomes out duty to
discover these in order to be able to pursue the
general objectives of the Lawgiver.
To enable the extension of an existing rule of the
Shariah to similar cases ‫ قياس‬the mujtahid must
establish a common ‘illah between the original and
the new case. Without the identification of a common
‘illah between two parallel cases, no analogy can be
constructed.
I.4 Ratiocination (‫ )التعليل‬in the Quran
To exercise ta’lil does not lessen either the
binding power or the holiness of the divine
injunctions.
We may, for example, offer
various interpretations of the cause of
performing the salah; but whether we can
understand the reason or not, salah is still
obligatory upon Muslims.
I.5
Inimitability (‫ )اعجاز‬of the Quran
 It is widely believed that the inimitably of the Quran
is reflected in at least four aspects of the Quran:
 in its linguistic excellence
(in content and form),
 its narration of events which took place centuries
ago (accuracy confirmed by historical evidence),
 its accurate prediction of future events (e.g. victory
of Muslims in battle of Badr, conquest of Mecca, and
the defeat of the Persians by the Roman empire),
 its humanitarian, legal and cultural reforms
(including but not limited to sphere of government,
ruler and ruled, property, international relations, treat
relations, conduct of war and treatment of prisoners
of war).
I.6 The Occasions of the Revelation (‫)اسباب النزول‬
 Asbab al-nuzul deal with the phenomenology of the
Quran, and explain the events that are related to the
revelation of particular passages.
 The best known asbab al-nuzul have been related to
us by reliable Companions.
 One condition for the reliability of such reports is
that the person relating should have been present at
the time or occasion relevant to a particular passage.
 Ignorance of asbab al-nuzul lead to the neglect or
misunderstanding of a part or even the whole of an
injunction.
 Ibn abbas: those who don’t know ‫ اسباب النزول‬will form their own
opinion, which mightlead to conflict and even bloodshed among
them.‘
 Some passages in the Qur’an were revealed in reference to
the conduct of people who had died before the revelation of
certain rulings, and yet these were taken by some commentators
to be of general application.
 Ex. when Qudamah b. Maz'un was charged with the offence of
wine-drinking, ‘Umar b. al-Khattab decided to punish him, but the
defendant cited the Qur’anic ayah in sura al-Ma’idah )5:93)
ِ ‫الصال اِحا‬
ِ ‫الصال اِحا‬
‫ت ُث هم‬
‫ح فِي اما اط ِع ُموا إِ اذا اما ا هت اق ْوا اوآا ام ُنوا او اع ِملُوا ه‬
ٌ ‫ت ُج انا‬
‫س اعلاى الهذِينا آا ام ُنوا او اع ِملُوا ه‬
‫لا ْي ا‬
‫س ُنوا او ه‬
)93( ‫ِب ا ْل ُم ْحسِ نِينا‬
ُّ ‫َّللاُ ُيح‬
‫ا هت اق ْوا اوآا ام ُنوا ُث هم ا هت اق ْوا اوأا ْح ا‬
in his own defence. This ayah reads 'there is no blame on those
who believe and do good deeds for what they consume provided
they are God-fearing believers… ' Ibn Maz'un claimed that he was
one of them. ‘Abd Allah b. ‘Abbas refuted this view and explained
that this particular ayah had been revealed concerning people
who died before wine-drinking was definitively forbidden.]
I.6 The Occasions of the Revelation (‫)اسباب النزول‬
the Qur’anic verse 'Our Lord punish us not, if
we forget or make a mistake' (al-Baqarah,
2:286), is held to be referring to unbelief, that is,
when words which partake in unbelief are
uttered unintentionally. This is forgiven just as
are words of unbelief that are expressed under
compulsion.
However, the exemption here is not extended to
similar pronouncements, such as statements of
divorce, or sale and purchase.