Islamic law midterm

Question 1

Rationale for AQ as primary source

Answer 1

• Literal word of Allah revealed to Prophet Muhammad by the angel Jibril (AQ 2:2)
• Revealed in Arabic
• Eternal miracle of Allah (AQ 17:88): linguistic excellence, narration of past events, accurate prediction of future events and scientific principles
• Complete and comprehensive
• Transmitted by mutawatir or continuous testimony

Question 2

Graduality

Answer 2

• Refers to how AQ is revealed piecemeal by piecemeal rather than a single lumpsum
• High illiteracy of Arabic people at the time; unable to understand if revealed in one lumpsum
• Easier to memorise and retain in their hearts
• Reduces unnecessary hardship
• Grants spiritual strength to Prophet Muhammad and his Companions so their hearts would not be weakened
• Enables social reform by giving more time for Muslims to adapt to drastic lifestyle changes

Question 3

Ratiocination

Answer 3

• Ratiocination or ta’lil literally means causation
• ‘Illah the derivative of ta’lil refers to the rationale and purpose of a rule
• Justifies legal rules by alluding to benefits or objectives (AQ 59:17)
• “Exception rather than the rule”
• Beneficial for Muslims

Question 4

Qati’e and zanni

Answer 4

• Legal rules divided into 2 categories based on qati’e and zanni characteristics
• Qati’e refers to definitive legal rules that are clear and well defined
• Has only one interpretation and therefore is not open to other different interpretations (AQ 24:2 - punishment for adultery)
• Zanni refers to legal rulings which are presented in an unclear manner
• Requires speculative reasoning and referring to other sources such as the Sunnah to determine true meaning even if there is likely chance of error (AQ 4: 23 - “Forbidden to you are your mothers and daughters”)
• Hanafi - forbids marriage with illegitimate daughters
• Shafi’i - permits the marriages

Question 5

Abrogation

Answer 5

• Abrogation is the repealing or replacing of a legal rule in AQ or Sunnah
• Occurs when legal rule no longer suitable or it has already served its purpose
• Purpose of abrogation - allows Islamic law to adapt to the interests of modern Islamic society and ensure current legislation is suitable or will serve its purpose
• Examples - mourning period for widow, inheritance

Question 6

Asbab al-Nuzul

Answer 6

• Asbab al-Nuzul directly translates into “Occasion of Revelation”
• Phenomenology of the AQ
• Provides historical context
• Purpose is to supplement the AQ in order to form better and more complete
• 1st factor: essential to study of AQ
• Mere knowledge of words not enough
• Ijtihad - erroneous decision can create confusion and disagreement
• 2nd factor: provides “method of Quranic legislation”
• 3 types: address specific issues, answer questions raised by the Companions and without prompting of issue or question

Question 7

Important AQ verses

Answer 7

• AQ 2:2 (authentication)
• AQ 17:88 (unimitability)
• AQ 2:219 (alcohol more harm than benefit)
• AQ 4:43 (prohibits offering prayer when drunk)
• AQ 5:93 (prohibition of alcohol consumption)
• AQ 59:17 (distribution of wealth)
• AQ 24:2 (punishment for adultery)
• AQ 4:23 (prohibited women)