AN EXAMINATION OF THE CAUSES OF JURISTIC DIFFERENCES IN INTERPRETATION IN ISLAMIC LAW


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TABLE OF CONTENTS

Abstract
Glossary
Table of Contents

CHAPTER ONE
1.0 GENERAL INTRODUCTION
1.1 Introduction
1.2 Statement of the problem
1.3 Objectives of the study
1.4 Justification
1.5 Scope of the study
1.6 Methodology
1.7 Literature review
1.8 Organization layout

CHAPTER TWO
2.0 THE NATURE OF THE QUR‟ANIC PROVISIONS
2.1 Introduction
2.2 The grades of meaning in texts
2.2.1 The clear words
2.2.2 The unclear words
2.2.3 Textual Implications
2.3 Definitive and speculative provisions
2.3.1 Instances on definitive provisions in the Qur‟an
2.3.2 Instances on speculative provisions in the Qur‟an
2.4 The general and the specific provisions
2.4.1 Types of general („AMM)
2.4.2 Ruling on general and specific
2.4.3 Conflict between „AMM and KHASS (general and specific)
2.4.4 Instance of differences due to general and specific provisions of the Qur‟an
2.5 The absolute and the qualified
2.5.1 Ruling on the absolute and the qualified
2.5.2 Prevalence of the qualified over the absolute

CHAPTER THREE
3.0 THE TEXTS OF THE SUNNAH
3.1 Introduction
3.2 Narration of the Sunnah
3.2.1 Unawareness of the Sunnah
3.2.2 Instances on differences due to unawareness of the Sunnah
3.2.3 Conditions for the acceptance of solitary Sunnah
3.2.4 Instances on differences due to solitary Sunnah
3.3 Definitive and speculative provisions of the Sunnah
3.3.1 Instances on definitive provisions of the Sunnah
3.3.2 Instances on differences due to speculative provision of the Sunnah
3.3.3 Instances on differences due to the general and the specific provisions of The Sunnah
3.3.3.1 What is permissible for a person in the state of IHRAM to kill among the vicious animals?
3.3.3.2 Things considered RIBA (usury) in transaction
3.3.3.3 Permissible parts for the husband from the menstruating woman
3.3.3.4 What should be the selected time for SUBHI or DAWN PRAYER?
3.3.3.4Instances on differences due to the absolute and the qualified provisions of the Sunnah
3.3.3.4.1 Zakah ruling on animals that are not livestock
3.3.3.4.2 Ruling on funeral prayer on the embryo
3.5 Apparent conflict of Texts
3.5.1 Conditions for apparent conflict
3.5.2 Ways to harmonize apparent textual conflicts
3.5.3 Instances on differences due to textual apparent conflict
3.5.3.1 Numbers of admission that necessitate capital punishment
3.5.3.2 Required blood money from non Muslims on erroneous killing
3.5.3.3 Ruling on sale with condition
3.5.3.4 Description of prostration in prayer

CHAPTER FOUR
4.0 SILENCE OF THE TEXTS
4.1 Introduction
4.2 Laws in cases where both the Qur‟an and the Sunnah are silent
4.2.1 Acceptance or otherwise of the Acceptance of Certain Principles
4.2.2 Methods of Qiyas
4.2.3 Identification of the objectives of the law
4.3 Instances on differences due to silence of the law
4.3.1 What is the period for shortening of prayer for the traveler who had decided to stay?
4.3.2 Ruling on marriage during waiting period
4.3.3 Inheritance of the divorced woman at the point of death sickness of the
4.4.4 Person whom Zakat Fitir is compulsory

CHAPTER FIVE
5.0 SUMMARY AND CONCLUSION
5.1 Summary
5.2 Findings
5.3 Recommendations
5.4 Bibliography



ABSTRACT

Differing is inevitable among people, because of individual natural differences regarding thinking, understanding, power of assimilation, intellect, etc. Thus, differences and contradictions are a natural outcome. Incidentally people have grossly misconceived differences of opinion among the jurists either due to their ignorance or lack of understanding of the nature of texts of the Qur’an and the Sunnah, and where the text is silent.Modern advocacy for adherence to hadith that has emerged in recent time, has painted a sordid picture of the classical jurists, depicting their works as mere academic exercise. This notion needs to be corrected. Otherwise, the Shari’ah will, in turn, not be suitable and applicable to new situations for which there is no decisive ruling in both the Holy Qur’an and the Sunnah.The aim is to show that the nature of the Qur’anic provisions makes the phenomenon of Ikhatilaaf (difference of opinion) among the jurists inevitable, that the nature of the provisions found in the Sunnah gives room for difference of opinion in interpretation among the jurists and that apparent Silence of the Shari’ah regarding some matters has contributed on a large scale, to difference of opinion among the jurists. The juristic differences that arose among the jurists have been contrasted under the following main causes namely; the nature of the Qur’an provisions, the nature of the texts of the Sunnah and silence of the texts term both the Qur’an and the Sunnah.The research methodology of the thesis was doctrinal. In the course of the research, some findings were made. The research found that the nature of evidences found in the Qur’an and the Sunnah give room for interpretation and as a result of that, differences prevail among the jurists of Islamic law. The research recommends that causes of juristic differences in interpretation in Islamic Law should be taken as a course for Islamic Law students in our Universities.




CHAPTER ONE

GENERAL INTRODUCTION

1.1             Introduction

It will be wrong for anyone to consider the divergent views of Muslim jurists (both early and present) on issues or matters as mere academic exercise. Differing is inevitable among mankind because of individual natural differences regarding thinking, understanding, power of assimilation, intellect, etc. Thus, differences and contradictions are a natural outcome. Allah The Most High says: “And if your Lord had willed, He could have made mankind one community; but they will not cease to differ”1

Texts under Islamic Law are general in their nature, and give room for interpretations. Some of the provisions from the Qur‟an are not opento interpretations. On the other hand, some of its provisions are open to different interpretations. Similarly, there are parts of the texts of Sunnah which are subjected to interpretations and there are some which are not. Some matters are neither expressly mentioned in the Qur'an nor the Sunnah, and this is regarded as silence of the texts regarding them. This has made the jurists to develop some certain principles. The detailed texts....

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