Issues Common to the Book and the Sunnah Religious Sources Course Summer 2011 Quran and Etrat Internet University

PRESENTERS Sr Alaa-Almajedi Sr Ferozbanu Damani Sr Hasina Champsi Sr Tahera Bahllo

Introduction In Sharia / Law there are some issues which relate to both, the Book which is the Quraan and the Sunnah which is the sayings of the Prophet [s.a.a.w] and His Household [a.s] The common discussions are seven. Each one will be discussed separately.

Each one will be discussed separatley The discussion of imperatives (awamir) The discussion of negative imperatives (nawahi) The discussion of generalities and particularities (aam wa khas) The discussion of unconditional (mutlaq) and conditional (muqayyad) The discussion of tacit meanings (mafahim) The discussion of the abstract (mujmal) and the clear (mubayyan) The discussion of the abrogator (nasekh) and the abrogated (mansukh)

Discussion Number “1” The Discussion of Imp eratives (awamir اومير ) Awamir is the plural of Amr أمر which is a command " خُذ مِن اَموالِهِِم صَدَقَهً تَُطَهِّرُهُم و تُزَکّیهِم بِها وَصَلِّ عَلَیهِم اِنَّ صَلَوتَکَ سَکَنٌ لَهُم..." Take from their property charity, you cleanse them and purify them thereby, and pray for them; your prayer is a soother for them" (9-103).

Discussion number “1” Use of command or imperative verbs 1. Pray – supplicate or send blessings 2. Zakaat - purify Arabic is a rich language, therefore every sentences needs to be treated in a different manner. Questions from this verse 1. When the use of imperative verb is used it means it is obligatory therefore does it mean to supplicate or send blessings is wajib? 2. Does this imperative verb mean immediate obligation? 3. Or does it mean that prayer is wajib upon offering the divine tax? 4. Is prayer enough or must it be performed repeatedly? “In the study of Jurisprudence all these facts are studied in depth before manifesting a LAW”

Discussion Number 2 The discussion of negative imperatives (nawahi) 1. The word nawahi derives from the Arabic plural – nahy – which means prevent. 2. An example of a negative imperative (nawahi) in English is, “Do not drink alcohol” 3. Negative imperative involves the discussion of Prohibited (haram) and Undesirable (Makruh).

Discussion Number 3 Discussion of Generalities and Particularities 1. Law that is opposed to common and general law? 2. Two laws be received as being self-contradicting? 3. Is the particular law to be received as an exception to the general law? We always understand Halal and Haraam in terms of objects, i.e. to eat this is Haraam, this meat is Halal. However, we never think about our actions.

Discussion Number 3 If I see $10 note on the ground, I pick it up and put it into my pocket or hand it to police. I travel on the subway all the time, I can easily find a way to skip paying my fare, should I do this or not. These are all things which can happen to us anytime and we should find a way to choose the right action. Islam emphasises the importance to making that these actions are not against Sharia i.e. Making sure all actions are halal.

Discussion Number 4 Unconditional ( مطلق mutlaq) and Conditional ( مقيد muqayyad) The question of conditional and unconditional is similar to the question of generality and particularity, but generality and particularity are relevant to what the law applies to, while conditional and unconditional are relevant to the different circumstances and qualities of the law itself.

Discussion Number 4 For example, the Holy Prophet was commanded that at the time of taking the zakat for the Muslims he was to supplicate for them. This instruction, as regard whether the Prophet was to supplicate for them loudly or quietly, for example, or whether he was to supplicate for them in company or when alone, is unconditional. If we have no other proof or reason provided by the Quran or reliable Traditions making one of the two above-mentioned conditions, we act according to the unconditional meaning of the ayah.

Discussion Number 5 Discussion of the Tactic - المَفَاهيم Every coin has two sides, there are sentences which also have two meanings. An inner meaning and an outer meaning. An example of a المَفَاهيم would be "If there comes to you a wicked man with news, examine.” Outer meaning be careful of who the messenger is? Examine every bit carefully

Discussion Number 6 Abstract ( مُجْمَل - mujmal) meaning Ambiguous, since the text carries different possibilities none of which supersedes the other. Clear ( مُبْيَن - mubayyan) the meaning of the text is claer made up of NASS and ZAHIR

Discussion Number 7 Some texts both from the Quran and the Sunnah are found to be conflicting, this is because a certain law was allowed at a certain time and then it was abrogated due to various reasons الناسخ Abrogate These terminology is used in this instance المَنْسُوْخ Abrogated