The General In The Quraan Being Specified By The Quraan, Sunnah, Ijmaa’ And Qiyaas


In Islaam tere are rulings which are general (i.e, the command to perform the prayer) which have later been specified (i.e, excluding the insane, permature etc.).

The general rulings in the Quraan can be specified by the following ways:

1) The general ruling found in the Quraan being specified by the Quraan.

2) The general ruling found in the Quraan being specified by the Sunnah.

The Sunnah can be further divided into:

(a) Mutawaatir, and

(b) Ahad

3) The general ruling found in the Quraan being specified by Ijmaa’ (consensus).

4) The general ruling found in the Quraan being specified by Qiyaas (analogy).

I will now explain each one with an example for each.

1) The Quraan being specified by the Quraan:

An example of where the Quraan specifies a general ruling found in the Quraan, we may refer to the general ruling of the text on fasting which makes fasting obligatory:

Whoever of you is present in the month, shall fast therin,” [2:185]

This is then immediately specified in:

Whoever is sick or on a journey, shall fast a like number of other days.” [2:185]

The sick and the traveller have thus been exempted, by way of specification (takhsees) from the general ruling of the text.

2) The Quraan being specified by the Sunnah:

As stated above this is either by way of the mutawaatir hadeeth or ahad hadeeth (1).

(a) The Mutawaatir Hadeeth:

An example of where the general ruling found in the Quraan has been specified by a mutawaatir hadeeth we may refer to the hadeth that declares that:

“The Muslim does not inherit from the disbeliever, nor does the disbeliever inherit from the Muslim.”

This hadeeth has specified the general rulings of inheritance in the Quraan which states:

“” [4:12-13]

(b) The ahad hadeeth:

An example of where the general ruling found in the Quraan has been specified by a ahad hadeeth we may refer to the ruling in the Quraan which shares out the inheritance (in chapter 4, verse 12) which determined a share for the daughter. This general verse has thus been specified by the following hadeeth:

We, the community of the Prophets are not inherited.

Thus, the Prophet’s daughter (ra) was consequently not entitled to inheritance from her father.

3) The Quraan Being Specified By Ijmaa’ (Consensus):

The  majority of the ‘ulamaa (Scholars) are in agreement that Ijmaa’ can specify the general rulings in the Quraan.

An example of this is the verse which reads:

When the call is proclaimed for the Salat (prayer) on the day of Friday (Jumu’ah prayer), come to the remembrance of Allah (the Khutbah and salaah).” [62:10]

This aayah speaks to all believers addressing them to come to the Jumu’ah khutbah and salaah. The Ijmaa has, on the other hand, specified the general purpose of this ruling in respect of women and slaves who are exempt from attending the Jumu’ah khutbah and prayer.

4) The Quraan Being Specified By Qiyaas (Analogy):

Different opinions have been recorded on the permissibility of this point. For an example of Qiyaas which has specified an an aayah of the Quraan, we may refer to the verse which has decreed that after two pronouncements of divorce, the husband must either,

Retain them with kindness or release them with kindness, and call to witness two just ones from among you.” [65:2]

A question now arises whether this calling of two just witnesses is compulsory or just recommended.

It could possibly be compulsory, as we find in the hadeeth:

There is no marriage without the guardian and two just witnesses.

Likewise, it could possibly be just a recommendation, as we find in the aayah:

And have witnesses when you sell to one another.” [2:282]

According to Imaam Ash’Shaafi’ee, Allaah has drawn an analogy between divorce and revocation (raj’ah) and commanded testimony (witnesses) in both. Since we know that testimony (witnesses) is not an obligation in divorce, it is not obligatory, by way of analogy, in raj’ah either.

The general ruling of the text which conveys wujoob (obligation) has thus been specified by way of analogy into a recommendation only.

Footnotes:

(1) These two categories (mutawaatir and ahad) can also be further devided in to the Prophet’s (saw) verbal sunnah or by way of his actual sunnah. See the next post for more info.

[For more info please refer to ‘Principles Of Islamic jurisprudence” Pp. 144-149]

Advertisements

Leave a reply:

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: