Monday, January 17, 2011
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Muslim Law & Jurisprudence
Principles of Interpretation
Muhammad Hashim Kamali in his book "Principles of Islamic Jurisprudence" says:
"These rules are instrumental as an aid to the correct understanding of shariah". It is the duty of the mujtahid to follow the rules of interpretation . "The function of interpretation is to discover the intention of the lawgiver."
What is Interpretation? (Tafseer)
Interpretation of the Quran is called Tafseer. Its old terminology is Taweel.
According to Imam Ibn-e-Tamayya:
''We should refer to Quran and Sunnah and sayings of the companions for Interpretation." Such Tafseer is called Tafseer bil Mathur' whereas modern works on Tafseer are called Tafseer bil raiy.
Principles
View of Shah Wali Ullah
He opines in his book "Al-Fauzul-Kabir" that:
1. The jurist/Mujtahid must have knowledge of Uloom-e-khamsa i.e. five branches of knowledge viz.
- Ilm-e-Ahkam
- Ilm-e-Makhasma
- Knowledge with regard to study of universe and its creation
- Knowledge concerning accountability in the life hereafter.
- Knowledge with regard to doomsday inter alia
2. Another principle is that the interpreter must have full knowledge of the Holy Quran and Sunnah. Background of the Holy Quran, classification of the chapters of the Holy Quran etc, must be in the knowledge of the jurist working on a point of law and its interpretation.
3. Clear meaning does not needs interpretation.
4. He must have full command of Arabic language.
5. Principles of Jurisprudence must be known to him.
6. Another principle of interpretation is that theory of abrogation must be in his knowledge.
7. Where the meanings are clear and obvious these should be followed strictly.
8. Where the words are unclear, the difficulty arises.
For example the Hadith that "the killer shall not inherit"
According to Imam Malik, it does not include Qatl-e-khata whereas Imam Abu Hanifah debars all killers. To remove the ambiguity in Khafi verses or dicta of the Prophet (PBUH) is usually a matter of ijtihad.
9. Where the meanings are intricate , such words need not be interpreted.
10. The jurist must take into consideration the literal and metaphorical meanings of the text.
11. The homonym words should also be taken into consideration.
12. The jurist must take into consideration:
The explicit meaning
The alluded meaning
The inferred meaning (This is a meaning derived from the spirit and rationale of legal text).
The required meanings
13. Technical meanings must be followed accordingly. Similarly legal meanings must be interpreted accordingly.
14. Knowledge of history, political science and other matters like metempsychosis is also necessary for the interpreter. Similes and metaphors should also be taken into consideration while interpreting the text.
These rules are also given in a Pakistani jurist Maulana Muhammad Malik Tandu Allahyar in his book Usul-e-Tafseer.
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