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A Critique of the Theory of Abrogation

A Critique of the Theory of Abrogation

by Jasser Auda

Translated by Salahi Adil

Published by: Kube Publishing Ltd

Imprint: Kube Publishing Ltd

160 Pages, 5.00 x 7.70 in

Paperback
9780860377306
Published: June 2019

$16.95

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Description
Contents
Authors

Jasser Auda's clear and brave views on abrogation in the Islamic tradition challenge orthodoxy and dogma in favor of flexibility and practical implication.

A typical definition of abrogation found in the Jurisprudence literature is: ‘The (heavenly) replacement of one juridical ruling with a later ruling.’

This book surveys the subject of abrogation (Naskh) in the Qur’an, Hadith and Islamic literature, illustrating that the concept of abrogation was introduced after the Prophetic era in order to explain certain verses of the Qur’an and what has come to be termed as “conflicting Prophetic narrations” (Mukhtalaf al-Hadith).

It goes on to suggest that the “abrogated rulings” were merely pre-Islamic cultural practices that contradicted with Islamic principles. Furthermore, the book argues that the Qur’anic verses and Prophetic narrations, which were misperceived as “conflicting,” should be contextually situated and applied according to the wisdom behind them with the practical implication being the validation of all Qur’anic verses and (authentic) Prophetic instructions regardless of their perceived contradictions. Allowing Islamic jurisprudence to retain its flexibility within changing circumstances.

Table of Contents

Introduction

Chapter One: Objectives of Islamic Law: Concepts and Aims

Chapter Two: Internal Contradiction or Mutual Exclusion by a Scholar
2.1 Mutual exclusion or contradiction
2.2 Contradiction between texts
2.3 Ways of dealing with superficial contradiction

Chapter Three: Abrogation: Definitions and Uses
3.1 Linguistic and technical definitions
3.2 The limitation, exception or interpretation of an earlier text by a later one
3.3 Abrogation as meaning final annulment of a religious ruling

Chapter Four: A Critique of Some Methodologies Confirming Abrogation
4.1 Is there any definitive evidence of the abrogation of any Qur’anic verses?
4.2 Contradiction as evidence for abrogation
4.3 Abrogation on the basis of dates: Are we required to adopt the latest?
4.4 No abrogation based on anyone’s personal opinion
4.5 What does ‘express’ abrogation mean? Is it enough to prohibit something after it was permissible, or to permit it after it was prohibited?

Chapter Five: Cases of How Objectives Help in the Enforcement of Superficially Contradictory Texts
5.1 Objectives of protecting the approved essentials by the Muslim government
5.2 The objective of making things easier through a gradual implementation of Islamic laws
5.3 Striking the balance between the objectives of worship and keeping things easy
5.4 Balancing the objectives of human beings’ safety and protecting the environment

Theoretical and Practical Conclusions

Bibliography

Index

Dr. Jasser Auda is the Executive Chairman of the Maqasid Institute, a global think tank based in London, and a Visiting Professor of Islamic Law at Carleton University in Canada. He is a Founding and Board Member of the International Union of Muslim Scholars, member of the European Council for Fatwa and Research, Member of the Fiqh Council of North America, Al-Shatibi Chair of Maqasid Studies at the International Peace College South Africa, Fellow of the Islamic Fiqh Academy of India, and General Secretary of Yaqazat Feker, a popular youth organization in Egypt. He has written 25 books in Arabic and English.

Adil Salahi is a scholar, author and translator, who has written or translated into English various books on Islam. After working for the BBC Arabic Service for several years, he worked for the Arabic daily, al-Sharq al-Awsat. He continues to publish many Articles in various Publications including , Arab News, a an English daily published in Saudi Arabia. Adil Salahi taught at the Markfield Institute of Higher Education, Leicester, England. His popular biography of the Prophet, Muhammad: Man and Prophet, is widely respected and has been translated into multiple languages.

A Critique of the Theory of Abrogation

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