A typical definition of abrogation found in the Jurisprudence literature is: 'The (heavenly) replacement of one juridical ruling with a later ruling.'
This book surveys the subject of abrogation (Naskh) in the Qur'an, Hadith and Islamic literature, illustrating that the concept of abrogation was introduced after the Prophetic era in order to explain certain verses of the Qur'an and what has come to be termed as "conflicting Prophetic narrations" (Mukhtalaf al-Hadith).
It goes on to suggest that the "abrogated rulings" were merely pre-Islamic cultural practices that contradicted with Islamic principles. Furthermore, the book argues that the Qur'anic verses and Prophetic narrations, which were misperceived as "conflicting," should be contextually situated and applied according to the wisdom behind them with the practical implication being the validation of all Qur'anic verses and (authentic) Prophetic instructions regardless of their perceived contradictions. Allowing Islamic jurisprudence to retain its flexibility within changing circumstances.
Sprache
Verlagsort
Produkt-Hinweis
Illustrationen
Maße
Höhe: 198 mm
Breite: 130 mm
Dicke: 15 mm
Gewicht
ISBN-13
978-0-86037-730-6 (9780860377306)
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Schweitzer Klassifikation
Dr. Jasser Auda is ?the Executive Chairman of the Maqasid Institute, a global think tank based in London, and a Visiting Professor of Islamic Law at Carleton University in Canada. He is a Founding and Board Member of the International Union of Muslim Scholars, member of the European Council for Fatwa and Research, Member of the Fiqh Council of North America, Al-Shatibi Chair of Maqasid Studies at the International Peace College South Africa, Fellow of the Islamic Fiqh Academy of India, and General Secretary of Yaqazat Feker, a popular youth organization in Egypt. He has written 25 books in Arabic and English.
Table of Contents
Introduction
Chapter One: Objectives of Islamic Law: Concepts and Aims
Chapter Two: Internal Contradiction or Mutual Exclusion by a Scholar
2.1 Mutual exclusion or contradiction
2.2 Contradiction between texts
2.3 Ways of dealing with superficial contradiction
Chapter Three: Abrogation: Definitions and Uses
3.1 Linguistic and technical definitions
3.2 The limitation, exception or interpretation of an earlier text by a later one
3.3 Abrogation as meaning final annulment of a religious ruling
Chapter Four: A Critique of Some Methodologies Confirming Abrogation
4.1 Is there any definitive evidence of the abrogation of any Qur'anic verses?
4.2 Contradiction as evidence for abrogation
4.3 Abrogation on the basis of dates: Are we required to adopt the latest?
4.4 No abrogation based on anyone's personal opinion
4.5 What does 'express' abrogation mean? Is it enough to prohibit something after it was permissible, or to permit it after it was prohibited?
Chapter Five: Cases of How Objectives Help in the Enforcement of Superficially Contradictory Texts
5.1 Objectives of protecting the approved essentials by the Muslim government
5.2 The objective of making things easier through a gradual implementation of Islamic laws
5.3 Striking the balance between the objectives of worship and keeping things easy
5.4 Balancing the objectives of human beings' safety and protecting the environment
Theoretical and Practical Conclusions
Bibliography
Index
