from circumventing the traditional role of the jurist/mujtahid, the self-contained statutory code and the
formal procedures that are laid down for its ratification have eroded the incentive to his effective
participation in legislative construction. Furthermore, the wholesale importation of foreign legal
concepts and institutions to Islamic countries and the uneasy combinations that this has brought about
in legal education and judicial practice are among the sources of general discontent. These and many
other factors are in turn accountable for the Islamic revivalism/resurgence which many Muslim
societies are currently experiencing.
In view of the diverse influences and the rapid pace of social change visible in modern society it is
perhaps inevitable to encounter a measure of uncertainty in identifying the correct balance of values.
But the quest to minimise this uncertainty must remain the central concern of the science of
jurisprudence. The quest for better solutions and more refined alternatives lies at the very heart of
ijtihad, which must, according to the classical formulations of usul al-fiqh, never be allowed to
discontinue. For ijtihad is wajib kafa’i, a collective obligation of the Muslim community and its
scholars to exert themselves in order to find solutions to new problems and to provide the necessary
guidance in matters of law and religion. But even so, to make an error in ijtihad is not only tolerated but
is worthy of reward given the sincerity and earnestness of the mujtahid who attempts it. And it is often
through such errors that the best solution can ultimately be reached. One can have different solutions to
a particular problem, and sometimes the best solution may be known and yet unattainable given the
feasibility and practical considerations that might limit one's range of choice. In such situations one
must surely do that which is possible under the circumstances. But it is imperative not to abandon
ijtihad completely. It is a common and grave error to say that ijtihad is unattainable and that the
conditions for its exercise are too exacting to fulfill. To regulate ijtihad is indeed the primary objective
of usul al-fiqh and of whatever it has to teach regarding the sources of law and the methods of
interpretation and deduction. A grasp of the concepts and doctrines of usul al-fiqh is not only helpful
but necessary to ijtihad so as to enable the Muslim jurist and legislator to contribute to the on-going
search for better solutions to social issues, and hopefully also toward the development of the outlook
that the Shari’ah, despite its restraints, also possesses considerable flexibility and resources to
accommodate social change.
IV. With regard to the translation of technical Arabic terms, I have to some extent followed the existing
works, especially Abdur Rahim's Principles of Muhammadan Jurisprudence. But in the absence of any
precedent, or when I was able to find a better alternative, I have improvised the equivalent English
terms myself. Most of the Arabic terms are easily convertible into English without engaging in
technicalities, but there are occasions where this is not the case, and at times the choice of terms is
determined on grounds of consistency and style rather than semantic accuracy. To give an example, one
of the chapters in this book is devoted to the discussion of textual implications (al-dalalat). The five
varieties of textual implications, namely 'ibarah al-nass, isharah al-nass, dalalah al-nass, iqtida al-nass
and mafhum al-mukhalafah, each signify a different concept for which an exact English equivalent is
Principles of Islamic Jurisprudence ~
Kamali 8
difficult to find. I have always tried to give priority to semantic accuracy, but as can be seen this is not
the only factor which has determined my choice of 'explicit meaning', 'alluded meaning', 'implied
meaning', 'required meaning' and 'divergent meaning' for the foregoing terms respectively. For at times
like this, it becomes difficult to be semantically exact as the shades of meaning and concepts tend to be
somewhat overlapping. A measure of technicality and arbitrariness in the choice of terms is perhaps
inevitable in dealing with certain topics of usul al-fiqh such as the classification of words and the rules
of interpretation. On such occasions, I thought it helpful not to isolate the English terms from their
Arabic originals. I have therefore repeated the Arabic terms frequently enough to relate them to their
English equivalents in the text. But when the reader is not sure of the meaning of technical terms a look
at the glossary, which appears at the end of the text might prove useful.
The translation of the Qur'anic passages which occur in the text is generally based on Abdullah Yusuf
Ali's translation of the Holy Qur'an. On occasion, however, I have substituted elements in this
translation for easier and more simplified alternatives. But whenever I have done so, it is usually the
result of my having checked more than one translation. The reader will also notice that I have not given
the original of the Qur’anic passages in Arabic, as this is not difficult to find. Besides, the Qur’anic text
is uniform and there is no variation in the wording of its text in all of its numerous printings that are
commonly used. But when it comes to the Hadith, although the main authorities on Hadith are inclined
to maintain consistency in both the concept and wording of the Hadith, it is nevertheless not unusual to
come across inconsistency or variation in the exact wording of a particular Hadith in various sources.
Partly for this reason, but also for the sake of accuracy and convenience, I have given both the Arabic
original and the English translation of the Hadith on first occurrence in the text. The English rendering
of the Hadith consists for the most part of my own translation of the Arabic original, otherwise I have
used the English translation as and when it was available.
A word may also be in order here regarding the English rendering of the terms fiqh and usul al-fiqh.
The difference between them is fairly obvious in their respective Arabic usages: usul al-fiqh is
unequivocal in its reference to the 'roots of fiqh'. This is, however, not so clear in the equivalent English
terms, which are currently in use. The terms 'Muhammadan Law' and 'Islamic Law' have often been
used in a generic sense and applied both to fiqh and usul al-fiqh. The same is true of its familiar
alternative, 'Islamic jurisprudence'. None of these convey the clarity, which is found in their Arabic
equivalents. There are, for example, books currently available in English bearing one or the other of the
these titles, although their contents do not seek to distinguish the two disciplines from one another.
The term 'Muhammadan Law' seems to be already falling out of use, and it has almost become an
established practice to reserve 'Islamic Law' for fiqh, and 'Islamic jurisprudence' for usul al-fiqh. This
use of terminology should be retained. A similar distinction between the term’s 'source' and 'proof'
would seem advisable. The former should, as far as possible, be reserved for the Qur’an and Sunnah,
and the latter for other proofs.
Principles of Islamic Jurisprudence ~
Kamali 9
My transliteration of Arabic words is essentially the same as that of the Encyclopedia of Islam (New
Edition), with two exceptions, which have become standard practice: q for k and j for dj.
And finally, I would like to take this opportunity to thank most warmly my colleagues and students at
the Faculty of Law, International Islamic University, with whom I have frequently raised and discussed
matters of mutual interest. I have often benefited from their views, which I have taken into account in
writing the present work. I would also like to thank the secretarial staff of the faculty for their unfailing
willingness to type for me whenever I have approached them. And last but not least, I wish to thank the
library staff of the I.I.U. for their assistance, and for being courteous and helpful.
V. Since the publication of the first edition of this book in April 1989, the comments, observations and
responses that I have received from scholars, students, and readers have been very positive and
encouraging. The changes that I have carried out for the present edition of the book relate to both its
content and format, although the overall approach to these changes was to leave the bulk of the original
work intact. The changes that I have made are on the whole confined to particular parts and they do not
entail a recomposition of the original text. I have thus added fresh information and elaborated parts of
the chapters on abrogation (naskh), analogical reasoning (qiyas), and presumption of continuity
(istishab). The new information either consists of the elaboration of concepts or insertion of additional
illustrations for purposes of clarity and relevance to contemporary concerns over the themes of Islamic
jurisprudence. The addition to the chapter on naskh thus reflects the results of a discussion over a paper
entitled 'The Nature, Sources and Objective of the Shari’ah' which I presented to a symposium
organised by the International Islamic University in Kuala Lumpur in September 1989. The additions to
some of the other chapters consist mainly of fresh research and expert opinion on the potential
contribution of some of the neglected principles of usul al-fiqh such as istishab to modern
jurisprudence. I have also refined minor portions of the text in the interest of clarity and precision.
As for the changes of format these were carried out as a result of my consultation with the editorial staff
of the Islamic Texts Society, particularly Mohsen al-Najjar and T. J. Winter. It was thus agreed at the
outset to re-set the whole of the original text so as to implement the standard practice of the Islamic
Texts Society concerning transliteration, footnotes and minor editorial changes in the text. It is thus
hoped that these changes have assured the production of a smoother and more familiar text for its
readers in Europe and America.
Professor Ahmad Ibrahim, Professor Emeritus and Dean of the Faculty of Law, International Islamic
University, Malaysia, has contributed a new Foreword for the second edition. He was kind enough to do
so despite his numerous other commitments, and preoccupation with his own writings. I take this
opportunity to thank him most warmly for his valuable contribution, and the fact that he wrote a
Foreword to both the first and the present editions of my book. He has taken a keen interest in my
Principles of Islamic Jurisprudence ~
Kamali 10
research and has been most helpful and understanding in relieving me from other commitments so as to
be able to concentrate on writing and research.
Students and colleagues at the International Islamic University have been generous and supportive of
my endeavours. I take this opportunity to thank them once again for their thoughtful appreciation. A
tangible result of all this is that this book has now become a recommended text in a number of courses
not only in the Faculty of Law but also in other faculties and departments of this University.
Mohammad Hashim Kamali
International Islamic University, Malaysia.
March, 1991.
formal procedures that are laid down for its ratification have eroded the incentive to his effective
participation in legislative construction. Furthermore, the wholesale importation of foreign legal
concepts and institutions to Islamic countries and the uneasy combinations that this has brought about
in legal education and judicial practice are among the sources of general discontent. These and many
other factors are in turn accountable for the Islamic revivalism/resurgence which many Muslim
societies are currently experiencing.
In view of the diverse influences and the rapid pace of social change visible in modern society it is
perhaps inevitable to encounter a measure of uncertainty in identifying the correct balance of values.
But the quest to minimise this uncertainty must remain the central concern of the science of
jurisprudence. The quest for better solutions and more refined alternatives lies at the very heart of
ijtihad, which must, according to the classical formulations of usul al-fiqh, never be allowed to
discontinue. For ijtihad is wajib kafa’i, a collective obligation of the Muslim community and its
scholars to exert themselves in order to find solutions to new problems and to provide the necessary
guidance in matters of law and religion. But even so, to make an error in ijtihad is not only tolerated but
is worthy of reward given the sincerity and earnestness of the mujtahid who attempts it. And it is often
through such errors that the best solution can ultimately be reached. One can have different solutions to
a particular problem, and sometimes the best solution may be known and yet unattainable given the
feasibility and practical considerations that might limit one's range of choice. In such situations one
must surely do that which is possible under the circumstances. But it is imperative not to abandon
ijtihad completely. It is a common and grave error to say that ijtihad is unattainable and that the
conditions for its exercise are too exacting to fulfill. To regulate ijtihad is indeed the primary objective
of usul al-fiqh and of whatever it has to teach regarding the sources of law and the methods of
interpretation and deduction. A grasp of the concepts and doctrines of usul al-fiqh is not only helpful
but necessary to ijtihad so as to enable the Muslim jurist and legislator to contribute to the on-going
search for better solutions to social issues, and hopefully also toward the development of the outlook
that the Shari’ah, despite its restraints, also possesses considerable flexibility and resources to
accommodate social change.
IV. With regard to the translation of technical Arabic terms, I have to some extent followed the existing
works, especially Abdur Rahim's Principles of Muhammadan Jurisprudence. But in the absence of any
precedent, or when I was able to find a better alternative, I have improvised the equivalent English
terms myself. Most of the Arabic terms are easily convertible into English without engaging in
technicalities, but there are occasions where this is not the case, and at times the choice of terms is
determined on grounds of consistency and style rather than semantic accuracy. To give an example, one
of the chapters in this book is devoted to the discussion of textual implications (al-dalalat). The five
varieties of textual implications, namely 'ibarah al-nass, isharah al-nass, dalalah al-nass, iqtida al-nass
and mafhum al-mukhalafah, each signify a different concept for which an exact English equivalent is
Principles of Islamic Jurisprudence ~
Kamali 8
difficult to find. I have always tried to give priority to semantic accuracy, but as can be seen this is not
the only factor which has determined my choice of 'explicit meaning', 'alluded meaning', 'implied
meaning', 'required meaning' and 'divergent meaning' for the foregoing terms respectively. For at times
like this, it becomes difficult to be semantically exact as the shades of meaning and concepts tend to be
somewhat overlapping. A measure of technicality and arbitrariness in the choice of terms is perhaps
inevitable in dealing with certain topics of usul al-fiqh such as the classification of words and the rules
of interpretation. On such occasions, I thought it helpful not to isolate the English terms from their
Arabic originals. I have therefore repeated the Arabic terms frequently enough to relate them to their
English equivalents in the text. But when the reader is not sure of the meaning of technical terms a look
at the glossary, which appears at the end of the text might prove useful.
The translation of the Qur'anic passages which occur in the text is generally based on Abdullah Yusuf
Ali's translation of the Holy Qur'an. On occasion, however, I have substituted elements in this
translation for easier and more simplified alternatives. But whenever I have done so, it is usually the
result of my having checked more than one translation. The reader will also notice that I have not given
the original of the Qur’anic passages in Arabic, as this is not difficult to find. Besides, the Qur’anic text
is uniform and there is no variation in the wording of its text in all of its numerous printings that are
commonly used. But when it comes to the Hadith, although the main authorities on Hadith are inclined
to maintain consistency in both the concept and wording of the Hadith, it is nevertheless not unusual to
come across inconsistency or variation in the exact wording of a particular Hadith in various sources.
Partly for this reason, but also for the sake of accuracy and convenience, I have given both the Arabic
original and the English translation of the Hadith on first occurrence in the text. The English rendering
of the Hadith consists for the most part of my own translation of the Arabic original, otherwise I have
used the English translation as and when it was available.
A word may also be in order here regarding the English rendering of the terms fiqh and usul al-fiqh.
The difference between them is fairly obvious in their respective Arabic usages: usul al-fiqh is
unequivocal in its reference to the 'roots of fiqh'. This is, however, not so clear in the equivalent English
terms, which are currently in use. The terms 'Muhammadan Law' and 'Islamic Law' have often been
used in a generic sense and applied both to fiqh and usul al-fiqh. The same is true of its familiar
alternative, 'Islamic jurisprudence'. None of these convey the clarity, which is found in their Arabic
equivalents. There are, for example, books currently available in English bearing one or the other of the
these titles, although their contents do not seek to distinguish the two disciplines from one another.
The term 'Muhammadan Law' seems to be already falling out of use, and it has almost become an
established practice to reserve 'Islamic Law' for fiqh, and 'Islamic jurisprudence' for usul al-fiqh. This
use of terminology should be retained. A similar distinction between the term’s 'source' and 'proof'
would seem advisable. The former should, as far as possible, be reserved for the Qur’an and Sunnah,
and the latter for other proofs.
Principles of Islamic Jurisprudence ~
Kamali 9
My transliteration of Arabic words is essentially the same as that of the Encyclopedia of Islam (New
Edition), with two exceptions, which have become standard practice: q for k and j for dj.
And finally, I would like to take this opportunity to thank most warmly my colleagues and students at
the Faculty of Law, International Islamic University, with whom I have frequently raised and discussed
matters of mutual interest. I have often benefited from their views, which I have taken into account in
writing the present work. I would also like to thank the secretarial staff of the faculty for their unfailing
willingness to type for me whenever I have approached them. And last but not least, I wish to thank the
library staff of the I.I.U. for their assistance, and for being courteous and helpful.
V. Since the publication of the first edition of this book in April 1989, the comments, observations and
responses that I have received from scholars, students, and readers have been very positive and
encouraging. The changes that I have carried out for the present edition of the book relate to both its
content and format, although the overall approach to these changes was to leave the bulk of the original
work intact. The changes that I have made are on the whole confined to particular parts and they do not
entail a recomposition of the original text. I have thus added fresh information and elaborated parts of
the chapters on abrogation (naskh), analogical reasoning (qiyas), and presumption of continuity
(istishab). The new information either consists of the elaboration of concepts or insertion of additional
illustrations for purposes of clarity and relevance to contemporary concerns over the themes of Islamic
jurisprudence. The addition to the chapter on naskh thus reflects the results of a discussion over a paper
entitled 'The Nature, Sources and Objective of the Shari’ah' which I presented to a symposium
organised by the International Islamic University in Kuala Lumpur in September 1989. The additions to
some of the other chapters consist mainly of fresh research and expert opinion on the potential
contribution of some of the neglected principles of usul al-fiqh such as istishab to modern
jurisprudence. I have also refined minor portions of the text in the interest of clarity and precision.
As for the changes of format these were carried out as a result of my consultation with the editorial staff
of the Islamic Texts Society, particularly Mohsen al-Najjar and T. J. Winter. It was thus agreed at the
outset to re-set the whole of the original text so as to implement the standard practice of the Islamic
Texts Society concerning transliteration, footnotes and minor editorial changes in the text. It is thus
hoped that these changes have assured the production of a smoother and more familiar text for its
readers in Europe and America.
Professor Ahmad Ibrahim, Professor Emeritus and Dean of the Faculty of Law, International Islamic
University, Malaysia, has contributed a new Foreword for the second edition. He was kind enough to do
so despite his numerous other commitments, and preoccupation with his own writings. I take this
opportunity to thank him most warmly for his valuable contribution, and the fact that he wrote a
Foreword to both the first and the present editions of my book. He has taken a keen interest in my
Principles of Islamic Jurisprudence ~
Kamali 10
research and has been most helpful and understanding in relieving me from other commitments so as to
be able to concentrate on writing and research.
Students and colleagues at the International Islamic University have been generous and supportive of
my endeavours. I take this opportunity to thank them once again for their thoughtful appreciation. A
tangible result of all this is that this book has now become a recommended text in a number of courses
not only in the Faculty of Law but also in other faculties and departments of this University.
Mohammad Hashim Kamali
International Islamic University, Malaysia.
March, 1991.
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