القائمة
The Islamic Personality Volume 3

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الكتب المتبناة Third Edition 1426 AH - 2005 CE

The Islamic Personality Volume 3

Taqiuddin an-Nabhani

The book deals with the principles of jurisprudence (Usul al-Fiqh), the practical legal rulings derived from detailed evidence, and delves into the rules upon which jurisprudence is built. It includes defining jurisprudence as the knowledge of practical legal rulings derived from detailed evidence, and that it is not merely knowledge but the acquisition of mastery of legal rulings.

مقدمة / Introduction

The origin in language is that upon which something is built, whether the building is tangible, like building walls on a foundation, or intellectual, like building the effect on the cause, and the signified on the signifier. So the principles of jurisprudence are the rules upon which jurisprudence is built. As for jurisprudence, in language it is understanding, and from it is His saying: {We do not understand much of what you say}. And in the terminology of the religiously observant, it is the knowledge of practical legal rulings derived from detailed evidence. What is meant by knowledge of rulings, with respect to the scholar, is not merely knowledge, but the acquisition of mastery of legal rulings, that is, that this knowledge, and delving into it, reaches the point that the person knowledgeable in these rulings acquires mastery of them. And merely acquiring mastery is sufficient for the one who has acquired mastery to be considered a jurist, not encompassing them all. However, it is necessary to know a set of branch legal rulings by consideration and deduction, so knowledge of one or two rulings is not called jurisprudence. And knowledge of the fact that types of evidence are proofs is not called jurisprudence. Jurisprudence has been used, and it is intended to mean the collection of practical branch rulings derived from their detailed evidence, so it is said this is a book of jurisprudence, that is, a book that contains practical branch rulings, and it is said the science of jurisprudence, and it is intended to mean the collection of practical branch rulings. However, this is specific to practical rulings, so creedal rulings are not part of jurisprudence, terminologically; because jurisprudence is specific to practical branch rulings, that is, rulings that actions are based upon, not beliefs.

Table of Contents

1. - Principles of Jurisprudence
2. - The Legislator
3. No Ruling Before the Advent of Islamic Law
4. - Those Responsible for Rulings
5. Conditions of Legal Capacity
6. - The Legal Ruling
7. - The Address of Obligation
8. The Obligatory
9. That Without Which the Obligatory Cannot Be Fulfilled Is Also Obligatory
10. The Forbidden
11. The Permissible
12. - The Address of Declaration
13. The Cause
14. The Condition
15. The Impediment
16. Validity, Invalidity, and Corruption
17. Determination and Permission
18. - Legal Evidence
19. Legal Evidence Must Be Definitive
20. - The First Evidence: The Book (Quran)
21. What Is Considered Authoritative from the Quran
22. The Clear and the Ambiguous
23. - The Second Evidence: The Sunnah (Prophetic Tradition)
24. The Status of the Sunnah in Relation to the Quran
25. Categories of the Sunnah
26. The Mutawatir (Mass-Transmitted)
27. The Number That Yields Knowledge
28. The Mashhur (Well-Known)
29. The Khabar al-Ahad (Solitary Narration)
30. Narrators of Hadith
31. Types of Khabar al-Ahad
32. Conditions for Accepting Khabar al-Ahad
33. Actions of the Messenger
34. Ways to Know the Nature of the Messenger's Actions
35. His Silence (Peace Be Upon Him)
36. Conflict Among the Actions of the Messenger
37. Conflict Between the Prophet's Action and His Saying
38. Conflict Among the Sayings of the Messenger
39. - Reasoning with the Book and the Sunnah
40. - Linguistic Studies
41. The Way to Know the Arabic Language
42. Language Terms and Their Divisions
43. Dividing the Word Based on the Signifier Alone
44. The Singular
45. The Noun
46. Dividing the Word Based on the Signified Alone
47. The Compound
48. Dividing the Word Based on the Signifier and the Signified
49. Synonymy
50. Polysemy
51. Reality and Metaphor
52. Legal Reality
53. Existence of Legal Realities
54. The Entire Quran Is Arabic and Contains Not a Single Non-Arabic Word
55. Customary Reality
56. Transferred Words
57. Conflict That Disrupts Understanding
58. The Verb
59. The Particle
60. - The Explicit and the Implicit
61. The Explicit
62. The Implicit
63. Indication of Requirement
64. Indication of Warning and Allusion
65. Indication by Sign
66. Concordant Implication
67. Dissenting Implication
68. Concept of Attribute
69. Concept of Condition
70. Concept of Limit
71. Concept of Number
72. What Is Not Acted Upon from Dissenting Implication
73. - Categories of the Book and the Sunnah
74. - Command and Prohibition
75. Types of Commands and Prohibitions
76. Form of the Command
77. Form of the Prohibition
78. Commanding Something Is Not a Prohibition of Its Opposite
79. And Prohibiting Something Is Not a Command of Its Opposite
80. Prohibition of Actions and Contracts
81. - General and Specific
82. The General
83. Ways of Establishing Generality of a Word
84. Consideration Is Given to the Generality of the Word, Not the Specificity of the Cause
85. The Generality of the Word in the Specificity of the Cause Is a Generality
86. In the Subject of the Incident and the Question, and Not a Generality in Everything
87. The Messenger's Address Is an Address to His Nation
88. The Prophet's Address to One of His Nation Is an Address to His Nation
89. The Address Given on the Tongue of the Messenger Includes the Messenger in Its Generality
90. The Specific
91. Evidence for Specifying the General
92. Specification by Exception
93. Specification by Condition
94. Specification by Attribute
95. Specification by Limit
96. Specification by Separate Evidence
97. Specifying the Book by the Book
98. Specifying the Book by the Sunnah
99. Specifying the Book by the Consensus of the Companions
100. Specifying the Book by Analogy
101. Specifying the Sunnah by the Book
102. Specifying the Sunnah by the Sunnah
103. Specifying the Sunnah by the Consensus of the Companions and by Analogy
104. Specifying the Explicit by the Implicit
105. - The Unrestricted and the Restricted
106. - The Vague
107. - The Clarifier and the Clarified
108. - The Abrogating and the Abrogated
109. Abrogation of the Quran
110. Abrogation of the Sunnah
111. It Is Not Permissible to Abrogate a Ruling Established by Consensus
112. It Is Not Permissible to Abrogate the Ruling of Analogy
113. Way to Know the Abrogating from the Abrogated
114. - The Third Evidence: Consensus (Ijma')
115. Every Consensus Other Than the Consensus of the Companions Is Not Legal Evidence
116. Tacit Consensus
117. The Companions
118. - The Fourth Evidence: Analogy (Qiyas)
119. Pillars of Analogy
120. Conditions of the Branch
121. Conditions of the Root
122. Conditions of the Ruling of the Root
123. The Effective Cause
124. The Difference Between the Effective Cause and the Reason
125. The Difference Between the Effective Cause and the Manat (Focus)
126. Conditions of the Effective Cause
127. Evidence of the Effective Cause
128. - Objectives of Islamic Law
129. The Objective of Each Ruling in Itself
130. Attracting Benefits and Averting Harms Are Not a Cause for the Sharia as a Whole,
131. Nor a Cause for Any Ruling in Itself
132. - What Is Thought to Be Evidence But Is Not Evidence
133. - Laws of Those Before Us
134. - The Opinion of the Companion
135. - Istihsan (Juristic Preference)
136. - Unspecified Interests
137. - General Rules
138. - The Rule of Presumption of Continuity
139. - The Rule of Harm
140. - Terminology, Estimation, and Custom
141. No Consideration Is Given to Custom in Islamic Law
142. - Consequences of Actions
143. - Opinions, Judgments, and Ijtihad of the Companions
144. - Conflict and Preference

خاتمة / Conclusion

Eighth: Evidence that negates a hadd punishment is given preference over evidence that establishes it. If two pieces of evidence are found, one of which negates the hadd and the other establishes it, the evidence that negates is given preference. The evidence for this is three things: One of them is what al-Tirmidhi narrated that the Messenger of God, may God bless him and grant him peace, said: (Ward off hadd punishments from Muslims as much as you can). Similarly, what is mentioned in the Musnad of Abu Hanifa: Ward off hadd punishments with doubts. The second is that a hadd is harm, and the Messenger, peace be upon him, says: There is no harm and no reciprocation of harm, narrated by al-Hakim. And the third is his saying, peace be upon him: (For the imam to err in pardon is better than for him to err in punishment), narrated by al-Tirmidhi. Fourth: A solitary narration (khabar al-ahad) is given preference over analogy (qiyas) whose effective cause is taken by implication, or inferred, or measured by analogy; because the narration is revelation that is explicit in indicating the ruling in its expression by its denotation, and the effective cause that is taken by implication, or inferred, or measured, all of that is from the implicit, and from the indications that this is from what the revelation brought. The explicit indication from the text takes precedence over the understanding from its connotation. As for the clear effective cause, it takes the ruling of the text in which it came.
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