1.

Definition of Islam Jurisprudence (Usul Fiqh)

- Islam jurisprudence defined as a methodology of deducing Islamic legal rulings. It serves

the correct interpretation & understanding of the sources & ijtihad (human reasoning &
interpretation). * Ijtihad = in Islamic law, the independent or original interpretation of
problems not precisely covered by the Quran, Hadith (traditions concerning the Prophet
Muhammad’s life and utterances) and ijma (scholarly consensus)*

- Islamic jurisprudence refers to a mechanism from which jurists derive guidelines, rules and
regulations (the Shari'ah) from the principles of the Qur'an and Sunnah. The principles of
Quran and Sunnah had been developed and elaborated over the centuries by successive
generations of educated jurists through interpretation, analogy, consensus and rigorous
study. // It refers to study of legal sources and the way to extract law from each sources.

2. Classification of the sources of law

(a) Origin of the sources: textual sources (Quran, Sunnah) and non-textual sources

* Sunnah is like the supplement / explanation to Quran

(b) Utilization of the sources: agreement in utilization and decline in utilization (For instance,
utilize the Quran Sunnah, Ijma, Qiyas but subsequently, there were jurists who reject /
decline such utilization)

Basis for the sources of Islamic law:

- Hadith of Mu’az ibn Jabal (refers to Hadith which reported by Mu’az ibn Jabal but but
not written him):
When the Prophet Muhammad (PM) send Mu’az ibn Jabal to Yemen (as Judge & Govenor),
he asked him on what basis he would judge if he was confronted with a problem. Mu’az said
that he would judge based on the contents of Al Quran (AQ). The PM then asked him,
“assuming that you do not find it in the AQ, on what basis would you judge?”. The Mu’az
replied, he would judge based on Sunnah of the PM. The PM also asked him,” assuming that
you do not find in both the AQ & the Sunnah, on what basis would you judge?”. Mu’az ibn
Jabal replied that he would use his individual opinion without transgressing the boundry
(set by the AQ and Sunnah).
(from here, it can be said that the main resources is Quran and Sunnah as every decision /
judgement given must be in accordance with these 2 sources.)

3. Sources of Islamic Law

(a) primary - Al Quran, Sunnah, Ijma (consensus of opinion), Qiyas (Analogical deduction)

(b) secondary (all the secondary sources is restricted to against principles of Quran and
Sunnah) - Fatwa Sahabi (legal opinion of companion = legal opinion which written by mufti
along their life), Maslahan Mursalah (consideration of public interest = consider all the matter
which is in conflict or against with the principle of Quran and Sunnah), Urf (custom), Istihsan
(equity), Istihab (presumption of continuity = what is exist in the past is presumed to be
continue in the future unless otherwise is proved), Saad Al Dharaie (blocking the means =
anything which led to evil must be blocked), Ijtihad (personal reasoning)

4. Overview + Definition of Quran

(a) ‘Quran’ is come from the root word of ‘qara’a’, which means to read and the literally
means of Quran is ‘reading’ or ‘recitation’.

(b) It is sacred scripture of Islam which was revealed by the angel Gabriel to the Prophet
Muhammad in Arabic and transmitted to us by continuous testimony (mutawatir / tawatur =
Tawatur in the terminology of the scholars of Hadith means transmitting a narration or
religious text by a group of narrators from a group of narrators, generation after generation
and so forth, and they are all trustworthy people and it is absolutely impossible for them to
agree on a lie. The relationship between the terminological meaning and the linguistic one is
that what is Mutawatir is reported by one person after the other after the other and so on, as if
the people were coming like raindrops in a downpour.)

(c) It is a proof of the prophecy of Muhammad that Quran served as most authoritative guide
for Muslims and the 1st source of the Shariah. All the ulema agreed with this by saying that
all other sources are only explanatory to the Quran.

(d) The Quran consists with 114 suras (chapter) and 6235 ayat of unequal length. It is
noteworthy that the content of the Quran are not classified subject-wise. This is because the
ayat on various topic appear in unexpected places and no particular order can be ascertained
in the sequence of it test. For example, the command concerning prayer or solat appears in
the 2nd surah, & it occurs in the midst of other verse which relate to the subject of divorce
(Chp. 2: 228-238). Meanwhile, the rules relate to wine-drinking, apostasy and war, followed
by passages concerning the treatment of orphans and the marriage of unbelieving women
were contained under the same surah. * surah =chapter * (It is noteworthy that Quran covers
all topic which regards to life as generally while Sunnah / Hadith act as explanation /
elaboration on specific topic in depth which had mention in Quran)

(e) Quran is an indivisible whole and a guide for belief and action which must be accepted
and followed in its entirely. It can be said that any attempt to follow some parts of the Quran
and abandon other will be totally invalid.

(f) The Quran consists of:

i. Manifest revelation – which defined as communication from God to the Prophet

Muhammad, conveyed by angle Gabriel in the very words of God.

ii. Internal revelation – the revelation consists of the inspiration of concepts only where the
God inspired the PM and the PM conveyed the concepts in his own words. It can be say that
all the saying of the PM fall under this category and as such they are not included in the
Quran.
(g) The Quran was revealed piecemeal over a period of 23 years in relation to particular
events (namely, first 13 years in Meccan and the rest of 10 years migrated to Madinah). The
Quran itself explained the rationale of graduality in its revelation as follows: “The believers
say, why has not the Quran been sent down to him (Muhammad) at all once. Thus (it is
revealed) that your hearts may be strengthened, and We rehearsed it to you gradually, and
well-arranged.” (Chp. 25: 32) Besides, “And [it is] a Qur'an which We have separated [by
intervals] that you might recite it to the people over a prolonged period. And We have sent it
down progressively”. (Chp. 17: 106). In yet another passage stated: “By degrees shall We
teach you to declare (the message) so that you do not forget”. (Chp 87: 6). The graduality in
revelation of Quran afforded the believers the opportunity to reflect over it and to retain it in
their memories. The revelation which is not at once is to facilitate continuous contact and
renewal of spiritual strength so that the hostility of the unbelievers toward the new faith did
not weaken the hearts of the Muslims. Furthermore, in view of the widespread illiteracy of
the Arabs at the time, had the Quran been revealed all at once, they would have found it
difficult to understand. The Quran legislation concerning matters which touched the lives of
the people was therefore not imposed all at once. It was revealed piecemeal so as to avoid
hardship to the believers. // The revelation that is not at once is to encourage constant
communication and regeneration of spiritual strength so that the Muslims 'hearts were not
broken by the unbelievers' animosity toward the new faith. Moreover, given the Arabs'
widespread analphabetism at the time, had the Quran been revealed all at once, they would
have found it hard to understand. Therefore, the Quran legislation on matters that affected
people's lives was not enforced all at once. It has been exposed piecemeal to prevent suffering
for the faithful. For instance, the ban on the consumption of alcohol affords an interesting
example the Quran method of graduality in legislation, and throws light on the attitude of the
Quran to the nature and function of legislation itself. Consumption of alcohol was apparently,
subject to no restriction in the early years. Later, the following Quran passage was revealed in
the form of a moral advice: ‘They ask you about alcohol and gambling, say: in these there is
great harm and also benefit for the people, but their harm far outweighs their benefit’ (Chp
1:119). Then offering prayers while under the influence of alcohol was prohibited (Chp 4:43).
Finally, a total ban on wine drinking was imposed (Chp 5: 93) and both alcohol and gambling
were declared to be ‘work of the devil and the devil wants to sow enmity and rancour among
you’. This shows gradual tackling of problems as and when they arose.

5. Distinction features of Quran

 Quran is an actual Word of Allah

 Quran was revealed in Arabic language
 Quran was transmitted with continuous testament (mutawatir)
 Quran Allah’s eternal miracle revealed to the Prophet Muhammad (PBUH) for all
succeeding generations (deem as miracle because at first, the Quran was revealed to
the PM and the PM was then told to the companion while the latter will teach to the
others. At the same time, they realised that the linguistic / feature / wording of Quran
is special / not common used by the layman, thus, they take the Quran as a miracle.)
 Quran is complete & comprehensive
6. The Meccan & Medinan Revelation

Meccan
- The larger part of the Quran, that is
19 out of the total of 30 parts, was
received during the first 12 and a 1/2
years of the Prophet's residence in
Mecca.
- mainly devoted to maters of belief,
the Oneness of God (Tauhid), the
necessity of the prophethood of
Muhammad, the disputation with the
unbelievers and their invitation to
Islam
* 3 different criteria to distinguish the revelation in Mecca and Madinah:
Medinan
- The remainder of the Quran was
received after the Prophet's migration
to Madinah over a period of just over
9 and a 1/2 years.
- comprised legal rules and regulated
the various aspects of life in the new
environment of Madinah. The Quran
emphasis on the principle related to
regulating the political, legal, social
and economic life of the new
community (regukate the matter of
war, peace, the status and rights of the
conquered people as well as the
organisation of the family and
principles of government features)

 The time of revelation – It can be said that the part of the Quran which was revealed
prior to the Prophet's migration to Madinah is classified as Makki and the remaining
part which was revealed after this occasion is identified as Madani regardless of the
locality in which they were received. In this way the dydt which were actually
revealed in Mecca after the Year of Victory (Sim al-fath) or during the Farewell
Pilgrimage (haijah al-wida) are accounted as Madani.
 The place of revelation – It means that all the ayat that were revealed while the
Prophet was in Mecca, or its neighbouring areas, are classified as Makki, and ayat
that were actually revealed in Madinah or its surrounding areas are classified as
Madani. This criterion is, however, not conclusive in that it leaves out the ayat which
were received while the Prophet was travelling to places such as Jerusalem or Tabük.
 The nature of the audience – It means that all the parts of the Quran which are
addressed to the people of Makkah are classifed as Makki and those which are
addressed to the people of Madinah are classified as Madani. In this way all the
passages with phrases such as "O mankind' or 'O people' are Makki and those which
open with phrases such as "O believers' are typically Madani. (This is because ‘O you
who believe’ and ‘O people of the Book’ indicates a Madinan origin while ‘O
people’ or ‘O mankind’ are typically Meccan.)

7. Characteristic of Quranic Legislation

(a) definitive (qati’e) & speculative (zanni)

 A ruling of the Quran may be conveyed in a text unequivocal and clear, or in

language that is open to different interpretations. A text which is clear and specific,
has only one meaning and admits of no other interpretations is known as definitive
text. An eg of definitive text can be seen in the text regards to the entitlement of the
 husband in the estate of his deceased wife, as follows: 'In what your wives leave, your
share is a half, if they leave no child' (al-Nisa", 4:12). Other eg refers to "The
adulterer, whether a man or a woman, flog them each a hundred stripes' (24:2), and
those who accuse chaste women of adultery and fail to bring four witnesses [to prove
it), flog them eighty stripes' (al-Nür, 24:4). The quantitative aspects of these rulings,
namely one half, one hundred, and eighty are self-evident and therefore not open to
interpretation.
 The speculative ayat of the Quran are, on the other hand, open to interpretation and
ijtihad. The best interpretation is that which can be obtained from the Quran itself,
that is, by looking at the Quran as a whole and finding the necessary elaboration
elsewhere in a similar or even a different context. The Sunnah is another source which
supplements the Quran and interprets its rulings. An eg of the speculative text in
Quran is the text which reads, ‘Prohibited to you are your mothers and your daughters'
(al-Nisa". 4:23). The text is definitive in regard to the prohibition of marriage with
one's mother and daughter and there is no disagreement on this point. However, the
word banatukum ('your daughters') could be taken for its literal meaning, which
would be a female child born to a person either through marriage or through zina, or
for its juridical meaning. In the latter sense 'banatukum' can only mean a legitimate
daughter. The jurists are in disagreement as to which of these meanings should be
read into the text. The Hanafis have upheld the first of the two meanings and have
ruled on the prohibition of marriage to one's illegitimate daughter, whereas the Shaiis
have upheld the second. According to this interpretation, marriage with one's
illegitimate daughter is not forbidden as the text only refers to a daughter through
marriage. It would follow from this that the illegitimate daughter has no right to
inheritance, and the rules of guardianship and custody would not apply to her.
Another eg is the phrase yunfaw min al-ard ("to be banished from the earth") which
occurs in süra al-Ma'idah (5:33). The phrase spells out the penalty for highway
robbery (hirābah), or according to an alternative but similar interpretation, for waging
war on the community and its legitimate leadership. Banishment (nafy) in this ayah
can mean exile from the place the offence is committed in the first place. This is, in
fact, the obvious meaning of the phrase, and the one which has been adopted by the
majority of the ulema. But the Hanafi jurists maintain that the phrase means
imprisonment, not exile. According to the Hanafis, a literal approach to the
interpretation of this phrase does not prove to be satisfactory: if one is to be literal,
then how can one be banished from the face of the earth by any method but death?
Nafy, or exile, on the other hand, is a penalty other than killing. Furthermore, if the
offender is to be banished from one place to another within the Muslim territories, the
harm is not likely to be prevented as he may commit further offences. The Hanafis
have further argued that banishing a Muslim outside the territory of Islam is not
legally permissible. The only proper meaning of the phrase which would achieve the
Shariah purpose behind the penalty is, therefore, imprisonment.
 A Quranic injunction may simultaneously possess a definitive and a speculative
meaning, in which case each of the two meanings will convey a ruling independently
of the other. An eg of this is the injunction concerning the requirement of ablution for
 prayers which reads in part and wipe your beads' (al-Ma'idah, 5:6). This text is
definitive on the requirement of wiping (mash) of the head in wudu", but since it does
not specify the precise area of the head to be wiped, it is speculative in regard to this
point. Hence we find that the jurists are unanimous in regard to the second aspect of
this injunction.

(This characteristic is focus on the clearness of the injunction: definitive refers to the
verses which is clear and do not need further interpretation while speculative need further
interpretation from other resources as it only mention in general foam. Eg, for inheritance,
the quran clearly mention that the property will be distributed to legal waris such as
parents, children and so on)

(b) Brevity & detail (al ijmal wal tafsil) --- Abu Zahrah agrees with IbnHazm's
assessment that 'every single chapter of fiqh finds its origin in the Qur'an, which is then
explained and elaborated by the Sunnah'

 That the Quran is mainly concerned with general principles is borne out by the
fact that its contents require a great deal of elaboration, which is often provided,
although not exhaustively, by the Sunnah. Most of the legal contents of the Quran
consist of general rules, although it contains specific injunctions on a number of
topics. Broadly speaking, the Quran is specific on matters which are deemed to be
unchangeable, but in matters which are liable to change, it merely lays down
general guidelines. // (That the Quran is primarily concerned with general
concepts is borne out by the fact that its contents require a great deal of
elaboration, which, although not exhaustively, is always given by the Sunnah.
Much of the Quran 's legal material is made up of general rules while it includes
clear injunctions on a variety of subjects. Broadly speaking, the Quran is specific
in matters that are deemed unchangeable, but it merely sets out general guidelines
in matters that are liable to change.) The often-quoted declaration that 'We have
neglected nothing in the Book' (al-An'am, 6:38) is held to mean that the ru'usal-
ahkam, that is, the general of law and religion, are comprehensively treated in the
Qur’an. The Qur’an is mainly concerned with general principles carried out by the
fact that its contents require a great deal of elaboration, which is often provided,
although not exhaustively, by the Sunnah.
 The Quranic legislation on civil, economic, constitutional and international affairs
is, on the whole, confined to an exposition of the general principles and objectives
of the law. With regard to civil transactions, for example, the nusuş of the Quran
on the fulfilment of contracts, the legality of sale, the prohibition of usury, respect
for the property of others, the documentation of loans and other forms of deferred
payments are all concerned with general principles. Thus, in the area of contracts,
the Quranic legislation is confined to the bare minimum of detail, and in the area
of civil transactions and property, the believers are enjoined to 'devour not the
properties of one another unlawfully, but let there be lawful trade by mutual
consent' (al-Nisa, 4:29). Elsewhere we read in surah al-Baqarah (2:275) that "God
has permitted sale and prohibited usury'. The detailed varieties of lawful trade, the
 forms of unlawful interference with the property of others, and the varieties of
usurious transactions, are matters which the Quran has not elaborated. Some of
these have been explained and elaborated by the Sunnah. As for the rest, it is for
the scholars to specify them in the light of the general principles of the Shari ah
and the needs and interests of the people. In the sphere of crimes and penalties, the
Quranic legislation is specific with regard to only 5 offences, namely murder,
theft, highway robbery, zina and slanderous accusation. As for the rest, the Quran
authorises the community and those who are in charge of their affairs (i.e. the ulu
al-amr) to determine them in the light of the general principles of Shariah and the
prevailing conditions of society. Once again the Quran lays down the broad
principles of penal law when it provides that 'the punishment of an evil is an evil
like it' (al-Shura, 42:40), and "when you decide to punish then punish in
proportion to the offence committed against you' (al-Nahi, 16:126). Similarly, the
Quranic commandments to do justice are confined to general guidelines and no
details are provided regarding the duties of the judge or the manner in which
testimony should be given. On the principles of government, such as consultation,
equality and the rights of citizens, the Quran does not provide any details. The
general principles are laid down, and it is for the community, the ulema and
leaders to organise their government in the light of the changing conditions of
society.
(if the injunction is not clear, then the scholar allowed to apply their opinion to
settle the problem as long as it is not contravened with the principle of quran)

(c) The 5 values (wajib, mandud, mubah, makruh, haram)

 If the language of the text is inclined on the side of obligation (wujub), such as
when there is a definite demand or a clear emphasis on doing something, the
conduct is question in obligatory (wajib), otherwise it is commendable (mandub).
Similarly, when God explicitly declares something permissible (halal) or grants a
permission (idhn) in respect of doing something, or when it is said that there is 'no
blame' or 'no sin' accrued from doing something, or when God denies the
prohibition of something, or when the believers are reminded of the bounty of
God in respect of things that are created for their benefit," all such expressions are
indicative of permissibility (ibahah) and option (takhyir) in respect of the conduct
or the object in question. If the language is explicit and emphatic in regard to
prohibition, the conduct / object in question becomes haram, otherwise it is
reprehensible, or makruh. It is for the mujtahid to determine the precise value of
such injunctions in the light of both the language of the text as well as the general
objectives and principles of the Shariah. This style of Quranic legislation, and the
fact that it leaves room for flexibility in the evaluation of its injunctions, is once
again in harmony with the timeless validity of its laws. The Quran is not specific
on the precise value of its injunctions, and it leaves open the possibility that a
command in the Quran may sometimes imply an obligation, a recommendation or
a mere permissibility. When an act is evaluated as obligatory, it is labelled fard or
 wajib; when it is absolutely forbidden, it is evaluated as haram. The shades of
values which occur between these two extremes are primarily religious in
character and provide a yardstick which can be applied to any type of human
conduct. But only the two extremes, namely the wajib and haram, incorporate
legal commands and prohibitions. The rest are largely non-legal and non-
justiciable in a court of law. The Quran thus leaves open the possibility, although
not without reservations, of enacting into haram what may have been classified by
the fuqaha of one age as merely reprehensible, or makruh. Similarly, the
recommendable, or mandub, may be elevated into a wajib if this is deemed to be
in the interest of the community in a different stage of its experience and
development."
 (a) wajib – obligatory, compulsory, mandatory (thing must do)
= an act whose performance / commission is demanded by the lawgiver in certain
and binding term, there will a blame in the case of non-performance. – eg, 5times
of daily prayer, fasting during bulan rahmadan, covering aurah of the body
(b) mandud (sunnat) – recommended, highly recommended act, desirable act
= an act whose commission is demanded by the lawgiver but not in a certain and
binding terms, there will be no blame in case of non-performance. – eg, helping
the poor is recommended to wealth people but it becomes a wajib for the husband
or father to pay maintenance of the family
(c) haram – prohibited, forbidden
= an act whose commission is prohibited by the lawgiver in a certain and binding
term, there will be a blame in case of performance. – eg, consuming intoxicant,
gambling, adultery, lying to people, trying to offer an engagement to a woman
who was already engaged to another person, anal intercourse with wife
(d) makruh – discouraged, undiserable, not recommended, abominable
= an act whose omission is demanded by the law giver but not in a certain and
binding term, there will be no blame in case of commission / performance. – eg,
divorce, talking while taking ablutions (wash certain part of the body before
prayer) of prayer, slaughter an animal in front of another animals
(e) mubah – permissible, anything that does not fall within the other 4 categories
is put under this group
= an act the lawgiver has granted option in either commission or omission. – eg,
polygamous marriage. (you have a choice to do or not)

**differences between permissible and recommended

- same standard in do or not do for permissible but the standard of doing is
higher than not do under recommended.

(d) Ratiocination (ta’lil) in the AQ (everything the quran ask to rule must be reason)

 Literally, ta’lil means 'causation', or 'search for the causes', and refers to the
logical relationship between the cause and effect. The authority of the Quran as
the principal source of the Shariah is basically independent of ratiocination. The
 believers are supposed to accept its rulings regardless of whether they can be
rationally explained. Having said this, however, there are instances where the
Quran justifies is rulings with a reference to the benefits that accrue from them, or
the objectives which they may serve. Such explanations are often designed to
make the Quran easier to understand. As an eg, in the context of encounters
between members of the opposite sex, the believers ace enjoined in sura al-Nur
(24:30) to avert their glances and to guard their private parts'. The text then goes
on to provide that in doing so they will attain greater chastity of character and
conduct. (like why need to cover the private part? in order to attain greater chastity
of character and conduct) To give another example, in sura al-Hashr (59:7) the
Quran regulates the distribution of booty among the needy, the orphans and the
wayfarers 'so that wealth does not merely circulate among the wealthy'. In the first
ayah, averting the glance is justified as it obstructs the means to promiscuity and
zina. The ruling in the second ayah is justified as it prevents the accumulation of
wealth in a few hands. (like why asked to pay zakat? in order to reduce the gap
between poor and wealth) (the women has to observe idah period for 3 months
after the divorce is to restrict the possibility getting pregnant before enter a new
marriage)

(f) Inimitability (I’jaz) of the Quran

 This is reflected in at least 4 aspects of the Quran. First, in its linguistic

excellence: many scholars have pointed out that there exists no piece of literature
that can match the literary excellence of the Quran with respect to both content
and form." It is either poetry nor prose, its rhythm and its genre and word structure
are unique. It is the spiritual miracle of the prophethood of Muhammad, who
never learned to read or write, and it is considered to have been far beyond his
own ability to produce a linguistic artefact of this kind. In more than one place,
the Quran challenges those who deny its divine origin by asking them to produce
anything to match it. The second aspect of I’jaz in the Quran is its narration of
evens which took place centuries ago. The accuracy of the Quranic narratives
concerning such events is generally confirmed by historical evidence. The third
aspect of I’jaz in the Quran is its accurate prediction of future events, such as the
victory of the Muslims in the battle of Badr (al-Anfal, 8:7), the conquest of Mecca
(al-Fath, 48:17) and the eventual defeat of the Persians by the Roman empire: The
Romans were defeated in a land near-by, but even after this defeat, they will be
victorious in a few years (fi bid'i sinin; literally in a period lasting up to ten
years)" (al-Rüm, 30:2). The Romans were defeated by the Persians when the latter
took Jerusalem in 614 A.D. But seven years later the Persians were defeated when
the Romans won the battle of Issus in 612. The fourth aspect of I’jaz in the Quran
is manifested in is scientific truth concerning the creation of man, the earth and
planetary system. The tenets thus inform us:
o "We created man from an extract of clay, then We placed him as a drop of
semen in a secure resting-place. Then We turned the drop into a clot; next
 We turned the clot into tissue; and then We turned the tissue into bones
and clothed the bones with flesh' (al- Mu'minün, 23:12-14).
o That the earth was previously a part of the sun, and only after i: was
separated from the sun did it become suitable for human habitation (al-
Anbiya', 21:30).
o That all life originated in water (al-Anbiya", 21:30).
o That originally the universe consisted of fiery gas (Hã-mim, 41:1I). That
matter is made up of minute particles (Yünus, 10:62).
 Another manifestation of I’jaz in the Qur'än is to be seen in its humanitarian, legal
and cultural reforms that were unprecedented in the history of nations. Thus in the
sphere of government, the ruler and the ruled were both equally subjected to
adjudication under the rule of law.
(quran is a miracle as it does not come from layman, the specialist can be seen in
the aspect of language and the others…)

(g) Occasions of Revelation (asbāb al-nuzul)

 Asbāb al-nuzul deal with the phenomenology of the Quran, and explain the events
which are related to the revelation of its particular passages. The well-known
asbab al-nuzul have been related to us by reliable Companions. It is a condition
for the reliability of such reports that the person relating it should have been
present at the time or the occasion which is relevant to a particular passage.
(what happened or event that such occasion had been revealed, like after an
incident – Perang Hudud, the population of women and children is over than guys,
so, the guys allowed for polygamous marriage)

NASKH (ABROGATION IN THE AL QURAN) !!!!!

1. Quran may prescribe a law suitable to people at the time of its enactment, or it may serve a
particular limited purpose. However, its suitability may later disappear or its unique purpose
& objectives may have been achieved.

2. The Arabic words 'nasikh' and 'mansukh' are both derived from the same root word
'nasakha' which carries meanings such as 'to abolish, to replace, to withdraw, to abrogate'.
The word nasikh (an active participle) means 'the abrogating', while mansukh (passive)
means 'the abrogated'. In technical language these terms refer to certain parts of the Qur'anic
revelation, which have been 'abrogated' by others. Naturally the abrogated passage is the one
called 'mansukh' while the abrogating one is called 'nasikh'.

3. Naskh may be defined as the suspension / replacement of one Shariah ruling by another,
provided that the latter is of a subsequent origin, and that the 2 rulings are enacted separately
from one another. The requirement that 2 rulings must be separate means that each must be
enacted in a separate text.

4. Abrogation applies almost exclusively to the Quran and the Sunnah. The application of
naskh to the Quran and Sunah is confined, in terms of time, to one period only, which is the
lifetime of the Prophet. There is, in other words, no naskh after the demise of the Prophet.
But during his lifetime, there were instances when some of the rulings of the Quran and
Sunnah were either totally or partially repealed by subsequent rulings. This was due mainly
to the change of circumstances in the life of the community and the fact that the revelation of
the Quran spanned a period of 23 years.

 Allah prescribes the rulings such as Al quran and sunnah to teach the believers how
to perform the acts of worship, spend life, build communities, and maintain
brotherhood. However, sometimes Allah purposely replaces certain rulings by others both in
the Quran or the Sunnah, and by the Quran or the Sunnah because Allah knows what a man
needs and what will benefit him. That is why He, in His wisdom and justice, replaces a ruling
with what suits best according to the need of the hour, whether we understand it or not.
 Naskh is an Arabic word means to abrogate. Its linguistic meaning is to obliterate, to
cancel, to annul, to copy. Technically, it refers to certain part of the Quranic revelation, which
had been ‘abrogated’ by others. Meanwhile, it has three usages or definitions which are the
cancellation of the laws prescribed in the earlier scriptures, to repeal some verses of the
Quran whose texts have been removed and the replacement of some earlier rulings of the
Quran by the later revelations, while the text remains in the Quran.

5. Type of naskh

 Explicit abrogation(sarih)
- The abrogating text clearly repeals one ruling and substitutes another in its place
- The facts of abrogation, including the chronological order of the two rulings, the fact
that they are genuinely in conflict, and the nature of each of the two rulings, and so
forth, can be ascertained in the relevant texts. (both ruling is similar)

o Hadith, which provides: ‘I had forbidden you from visiting the graves. Nay,
visit them, for they remind you of the hereafter.’
o In another Hadith the Prophet is reported to have said: ‘I had forbidden you
from storing away the sacrificial meat because of the large crowds. You may
now store it as you wish.’ The initial order not to store the sacrificial meat
during the id festival (id al-Adha) was given in view of the large number of
visitors who attended the festival in Madinah, where the Prophet desired that
they should be provided with necessary foodstuffs. The restriction was later
removed as the circumstances had changed.
 In Quran;
An example of explicit abrogation in the Quran is the passage in sura al-Baqarah (2:
142-144) with regard to the change in the direction of the qiblah from Jerusalem to
the Ka'bah.

The fools among the people (pagans, hypocrites, and Jews) will say, "What has turned
them (Muslims) from their Qiblah [prayer direction (towards Jerusalem)] to which
they were used to face in prayer." Say, (O Muhammad SAW) "To Allâh belong both,
east and the west. He guides whom He wills to a Straight Way." (Sura al-Baqarah
2:142)

Thus We have made you [true Muslims - real believers of Islâmic Monotheism, true
 followers of Prophet Muhammad SAW and his Sunnah (legal ways)], a (just) (and the
best) nation, that you be witnesses over mankind and the Messenger (Muhammad
SAW) be a witness over you. And We made the Qiblah (prayer direction towards
Jerusalem) which you used to face, only to test those who followed the Messenger
(Muhammad SAW) from those who would turn on their heels (i.e. disobey the
Messenger). Indeed it was great (heavy) except for those whom Allâh guided. And
Allâh would never make your faith (prayers) to be lost (i.e. your prayers offered
towards Jerusalem). Truly, Allâh is full of kindness, the Most Merciful towards
mankind. (Sura al-Baqarah 2:143)

Verily! We have seen the turning of your (Muhammad's SAW) face towards the
heaven. Surely, We shall turn you to a Qiblah (prayer direction) that shall please you,
so turn your face in the direction of Al-Masjid- Al-Harâm (at Makkah). And
whosesoever you people are, turn your faces (in prayer) in that direction. Certainly,
the people who were given the Scriptures (i.e. Jews and the Christians) know well
that, that (your turning towards the direction of the Ka'bah at Makkah in prayers) is
the truth from their Lord. And Allâh is not unaware of what they do. (Sura al-
Baqarah 2:144)
- Explicit abrogation leaves no doubt with regard to the facts of abrogation and the
nature of the change which was effected thereby.

 Implicit abrogation(dimni)
- The abrogating text does not clarify all the relevant facts. The Lawgiver introduces a
ruling which is in conflict with a previous ruling and the two cannot be reconciled,
while it remains somewhat doubtful whether the two rulings present a genuine case
for abrogation.

 An example of implicit abrogation is the ruling in sura al-Baqarah (2:180)

which permitted bequests to one's parents and relatives. This was
subsequently abrogated by another text (al-Nisa, 4:11) which entitled the
legal heirs to specific shares in inheritance. Notwithstanding the fact that
the two rulings are not diametrically opposed to one another and could
both be implemented in certain cases. //
In Quran;
An example of implicit abrogation is the ruling in sura al-Baqarah (2:180) which
permitted bequests to one's parents and relatives. This was subsequently abrogated by
another text (al-Nisa, 4:11) which entitled the legal heirs to specific shares in
inheritance.

It is prescribed for you, when death approaches any of you, if he leaves wealth, that
he make a bequest to parents and next of kin, according to reasonable manners. (This
is) a duty upon Al-Muttaqûn (the pious). Sura al-Baqarah (2:180)

Allâh commands you as regards your children's (inheritance); to the male, a portion
equal to that of two females; if (there are) only daughters, two or more, their share is
two thirds of the inheritance; if only one, her share is half. For parents, a sixth share
of inheritance to each if the deceased left children; if no children, and the parents are
the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the
mother has a sixth. (The distribution in all cases is) after the payment of legacies he
 may have bequeathed or debts. You know not which of them, whether your parents or
your children, are nearest to you in benefit, (these fixed shares) are ordained by
Allâh. And Allâh is Ever All¬Knower, All¬Wise. Sura al-Nisa, (4:11)

*Imam Shafi'i  at his (Risalah, p. 69) has observed concerning these ayat that the
abrogation of bequest to relatives by the ayah of inheritance is a probability only, but
he adds that the ulema have held that the ayah of inheritance has abrogated
the ayah of bequests.

- Implicit abrogation has been sub-divided into 2 types, namely:

i. total abrogation (naskh kulli)

= the whole of a particular nass (written law / a clear legal injunction) is abrogated by
another, and a new ruling is enacted to replace it

= eg, a Quran text concerning the waiting period (iddah) of widows, which was initially
prescribed to be 1 year but was subsequently changed to 4 months and 10 days.

And those of you who die and leave behind wives should bequeath for their wives a year's
maintenance and residence without turning them out, but if they (wives) leave, there is no sin
on you for that which they do of themselves, provided it is honourable (e.g. lawful marriage).
And Allâh is All-Mighty, All-Wise. (Sura al-Baqarah, 2: 240)

And those of you who die and leave wives behind them, they (the wives) shall wait (as regards
their marriage) for four months and ten days, then when they have fulfilled their term, there
is no sin on you if they (the wives) dispose of themselves in a just and honourable manner
(i.e. they can marry). And Allâh is Well-Acquainted with what you do (Sura al-Baqarah, 2:
234)

*As can be seen, the provision concerning the waiting period of widows in the first ayah has
been totally replaced by the new ruling in the second. There is no doubt on the point that both
of these rulings are exclusively concerned with the same subject, namely the widows. But it
is not certain whether they are genuinely in conflict, for the term `a year's maintenance and
residence' in the first ayah does not recur in the second.

ii. partial abrogation (naskh juzi).

= a form of naskh in which one text is only partially abrogated by another, while the
remaining part continues to be operative.

= eg, a Quran ayah of of qadhf (slanderous accusation) which has been partially repealed by
the ayah of imprecation (li'an).

Those who accuse chaste women, and produce not four witnesses, flog them with eighty
stripes, and reject their testimony forever, They indeed are the Fâsiqûn (liars, rebellious,
disobedient to Allâh). Sura al Nur (24:4)

Those who accuse their wives, but have no witnesses except themselves, let the testimony of
one of them be four testimonies (i.e. testifies four times) by Allâh that he is one of those who
speak the truth. Sura al Nur (24:6)

** The first ayah lays down the general rule that anyone, be it a spouse or otherwise, who
accuses chaste women of zina must produce four witnesses for proof. The
second ayah provides that if the accuser happens to be a spouse who cannot provide four
witnesses and yet insists on pursuing the charge of zina, he may take four solemn oaths to
take the place of four witnesses. This is to be followed, as the text continues, by a statement
in which the husband invokes the curse of God upon himself if he tells a lie.

Examples of abrogated law:

1. the waiting period of women whose husband had passed away (from 1 year to 4 months and 10 days AQ
2:234)

2. Bequest/will (from reasonable usage to 1/3)

3. Qiblah (direction to face during prayer) - From Baitul Maqdis in Palestine to Baitullah in Mecca AQ 2:149

4. Prohibition of intoxicants - https://yaqeeninstitute.org/justin-parrott/abrogated-rulings-in-the-quran-

discerning-their-divine-wisdom

A classic example of evolution of the law gradually is the prohibition of drinking alcohol in three stages. First,
Allah discouraged the believers from drinking it by briefing about its harmful effects along with some of its
benefits, and made it clear that the harm is greater than its benefit (Quran 2:219). Second time a tougher
command was revealed prohibiting the believers from approaching prayer in the state of intoxication (Quran
4:43). Finally, it was completely prohibited (Quran 5:90-1). The wisdom in step-wise prohibition was to prepare
Arab for abandoning drinking alcohol via strengthening their faith.

Accepted by Jurist?

Generally, the reason of abrogation is due to the change of circumstances in the life of the community and the
fact that the revelation of the Quran spend of 23 years. It can be said that the ruling revealed might be not
suitable for current situation as the times change thing. Most of the Muslim scholar accepted the application of
abrogation but some not. For instance, the Quran 41:42 provided that “Falsehood cannot approach it from before
it or from behind it; [it is] a revelation from a [Lord who is] Wise and Praiseworthy.” It indicated that there must
be no falsehood can approach the Quran; therefore, if abrogation occurred would amount to occurrence of
falsehood. In response to this claim, the Muslim scholars reply by explaining the meaning of falsehood in this
ayat, that is corruption and alteration, which had happened to the previous scriptures. Also, this ayat agrees
with Allah’s statement in another ayat: “Indeed, it is We who sent down the Qur'an and indeed, We will be its
Guardian” (Quran 15:9). Moreover, Ibn Jarir Al-Tabari explains in his exegesis: “And the most correct of these
views according to us, that its meaning is: One of falsehood is incapable of altering it with all his plots and
conspiracies, or changing any of its meanings; and that is what is meant by ‘approaching it from before it’, or
making any addition in it; and that is what is meant by ‘approaching it from behind it”.Thus, the above-
mentioned ayat (Quran 41:42) was misunderstood by some scholars, and abrogation is possible in Islam with
wisdom and justice. In short, abrogation in Sharee’ah occurs with wisdom, which can be explained by its
benefits to mankind, i.e., to test obedience and grant reward for the welfare of mankind, and for the good and
ease of the Ummah. Also, abrogation demonstrates Allah’s wisdom in rulings according to their time and
context. Furthermore, it cannot be rejected on the basis of reason because every action of Allah has wisdom in
it, and, as His slave a Muslim is obliged to follow all commandments.