USUL AL-FIQH 1
“COMMANDS AND PROHIBITIONS”
DR. YUSUFF JELILI AMUDA
NUR SAFURA BINTI MD SALLEH 1114750
SYAFINAZ BINTI SAPARUDDIN 1119226
SITI HAJAR BINTI ISMAIL 1117638
As students of Usul Fiqh Semester 2 2012/2013 we are required to make a report on Commands and Prohibition and Naskh. The language of the Qur'an (and the Sunnah) differs from that of modern statutes in that Qur'anic legislation is not confined to commands and prohibitions and their consequences, but is often coupled with an appeal to the conscience of the individual. This moral appeal may consist of a persuasion or a warning, an allusion to the possible benefit or harm that may accrue from observing or violating an injunction, or a promise of reward/punishment in the hereafter. Modern laws are often devoid of such appeals, as they are usually confined to an exposition of imperative rules and their tangible results. Commands and prohibitions in the Qur'an occur in a variety of forms. An injunction is normally expected to be in the imperative mood and may occur in the form of a moral condemnation of a certain form of conduct. Also, a Qur'anic command and prohibition may be conveyed in the form of an allusion to the consequences of a form of conduct, such as a promise of reward or punishment in the hereafter. Naskh is an Arabic language word usually translated as abrogation, it shares the same root as the words appearing in the phrase al-naskh wal-mansukh “the abrogating and abrogating and abrogated. The emergence of naskh dates back to the first centuries of Islamic civilization. Naskh employs the logic of chronology and progressive revelation. Here in this report will explain more about the types of Naskh based on explicit and implicit, the distinction between the words and the rulings of the Quran and the Qur’an and the Sunnah may be abrogated by themselves or by one another. Not to forget the distinctions between naskh and specification and naskh and addition.
A command proper (amr) is defined as a verbal demand to do something issued from a position of superiority over who is inferior. Command in this sense differs from both supplication (du’a) and request (iltimas) in that the supplication is a demand from an inferior to one who is superior, whereas a request is a demand among people of equal or near-equal status. Since a verbal command can mean different things, namely an ordinary order, a mere recommendation and even permissibility, the ulema have differed as to which of these is the primary and which the secondary meaning of a command. Some have held the view that amr is in the nature of a homonym (mushtarak) which imparts all of these concepts, which are obligation, recommendation, but not permissibility. Still others have held that amr implies a permission to do something and that this is the widest meaning of amr, which is common to all three foregoing concepts. 1. According to the majority opinion, a command by itself that is when it is not attended by clues or circumstances that might give it a particular meaning implies obligation or an emphatic demand only. 2. But this may change in the event of other indications being present, which might reduce a command to permissibility, recommendation or indeed to a variety of other meaning. For example, when we read in the Quran command such as ‘kulu wa’shrabu’ (al-A’raf 7:31), the indications that the amount to no more than permissibility. For eating and drinking are the necessities of human life and a command in respect of them must logically amount to permissibility only. Similarly, Qur’anic permission in respect of hunting after the completion of the hajj ceremonies given in sura al-Ma’idah 5:2 (wa idha halaltum fastadu) and its address to the believers to ‘scatter the land’ (fa’ntashiru fi’l-ard) after performing the Friday prayers (al-Jumu’ah 62:10) are both in the imperative form. But in the cases the...
Please join StudyMode to read the full document