What is ‘Islamic Law’? What are hudud?
Speaker(s): Jasser Auda
Read MoreSpeaker(s): Jasser Auda
Read MoreThis article critiques the concept of abrogation of rulings (Naskh al-Ahkaam) as applied in the literature of Islamic jurisprudence and exegesis. As such, it surveys the subject of abrogation (Naskh) in the Quran, Hadith and Islamic literature. The article illustrates that the concept of abrogation of rulings was introduced after the Prophetic era in order to explain certain verses of the Quranand what has come to be termed as “conflicting Prophetic narrations” (Mukhtalaf al-Hadith).
Read MoreDeliberation (Ijtihad) is a necessary practice for Scriptural interpretation and juridical analogy. However, there is a difference of opinion among jurists as to whether deliberation was practiced by the Prophet, himself. The majority of jurists approved the idea of Prophetic deliberation but had several different opinions about its scope and the possibility of error. This article supports the view of Prophetic deliberation, attempts to define its scope, and discusses the issue of error in relation to the concept of Prophetic infallibility. The presented analysis is used to outline criteria to differentiate between the changeable and the absolute in the Islamic Jurisprudence based on what was subject to Prophetic deliberation and what was not, respectively.
Read MoreTEXT ———— PLEASE DOWNLOAD PDF FOR FULL VERSION ————— This paper approaches the relationship between the Quran and Sunnah from the angle of using the Quranic universals to critique the content (matn) of hadith narrations. Aisha Bint Abu Bakr, the Mother of the Believers, gave us a strong example and a clear illustration for applying this method.
Read MoreAbstract This article is a re-examination of the concept of ‘land of Islam’ in the fiqh (understanding) of the classic schools of the Islamic jurisprudence. The objective is to understand the criteria that jurists use for rendering a certain land to be a ‘Land of Islam’. The study reveals that neither Muslims being a majority, nor the application of the corporal part of the Islamic criminal law (ḥudud), is a valid criterion. The study also reveals that the fundamental criteria used in the Islamic jurisprudence have to do with security (al-amn), freedom to practice the Islamic acts of worship (sha˒a’ir al-islam), and justice (al-˒adl).
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