Thursday, March 09, 2006

Holding to Rulings Based on Custom...

In an important work of law, judicature and governement, the great Egyptian jurist of the Maliki school, Shihab al Din al Qarafi (d.684/1285) is asked the following question:


What is the correct view concerning those rulings found in the madhhab of al-Shafi, Malik and the rest, which have been deduced on the basis of habits and customs prevailing at the time these jurists reached these conclusions? When these customs change and the practice comes to indicate the opposite of what it used to, are the fatwas recorded in the manuals of the jurists rendered thereby defunct, it becoming incumbent to issue fatwas based on the new custom? Or is it to be said, we are mere followers of the independent, authoritative jurists. It is thus not our place to innovate new rulings, as we lack the qualifications to do so. We issue, therefore, fatwas according to what we find in the books handed down on the authority of the independent, authoritative jurists"?




In his answer, al-Qarafi emphatically affirms that a ruling remains valid only as long as the custom or circumstances on which it was based remains intact and retains the same implications it had at the time the ruling was originally reached. Thus, he responds:


Holding to rulings that have been deduced on the basis of custom, even after this custom has changed, is a violation of consensus (ijma) and an open display of ignorance of the religion.



[Quoted from an article by Shaykh Abdal Hakim Jackson]

5 Comments:

Blogger Jinnzaman said...

Assalamu alaikum

May this reach you in the best state of health and iman. Ameen.

Do you have the original article? I would love to read it.

masalama

5:47 pm  
Blogger faqir said...

Asalamu alaykum akhi, I remember it being in one of the Zaytuna "Seasons" journal... I'll see if I can find it then I'll check it its on-line inshaAllah.

[remind me]

9:45 pm  
Blogger mystery said...

salam Faqir bhai

plz help me. i will be really grateful to you. i am looking for the article you posted about the Noor hadiths of our beloved Prophet (SAW).

i dont know how to post comments and read the replies in this blog. luckily i find it once agian today.

can you plz either email me the link of that article or email me the article itself.

plz help me out bro i need that article. plz send it to me as soon as you can.

Omer
maypride@gmail.com

10:27 pm  
Blogger mystery said...

salam Faqir bhai

plz help me. i will be really grateful to you. i am looking for the article you posted about the Noor hadiths of our beloved Prophet (SAW).

i dont know how to post comments and read the replies in this blog. luckily i find it once agian today.

can you plz either email me the link of that article or email me the article itself.

plz help me out bro i need that article. plz send it to me as soon as you can.

Omer
maypride@gmail.com

10:27 pm  
Blogger mystery said...

salam Faqir bhai

plz help me. i will be really grateful to you. i am looking for the article you posted about the Noor hadiths of our beloved Prophet (SAW).

i dont know how to post comments and read the replies in this blog. luckily i find it once agian today.

can you plz either email me the link of that article or email me the article itself.

plz help me out bro i need that article. plz send it to me as soon as you can.

Omer
maypride@gmail.com

10:28 pm  

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