The principles of abrogation : with special reference to the 'Usūl' of al-Jassās
Abstract
I have
prepared a critical edition of the
portion on a1-Nasikh
wa-l mansukh
from Usul al-Jassas
(Usul
al-figh), by Abu Bakr Ahmad
b.
'Ali
a1-Razi a1-jassas
(d. 370 A. H. ). The
manuscript, used in
this edition,
is preserved under
229 Usul: Dar al-Kutub al-Misriya.
I have
also prepared separate notes
in
order to elucidate and compare
this work with
the views of the renowned Muslim scholars such as
Shafi
'1,
Tabari, Nahhas, Razi, Sarakhsi
and many others. The
manuscript
itself is edited carefully so that to the best
of my
knowledge
no incorrect materials
have failed to be
mentioned
in the footnotes.
I have
also provided references to the Qur'anic
verses and
athar
mentioned
in this work of
jassas.
To discuss the subject of al-Nasikh wa-l mansukh,
I have
also
prepared an introduction. This
section consists of eight chapters.
The first
chapter
is devoted to the description
of the
manuscript and
text along with
the importance
of Usul al-Jassas. The second chapter
is designed to provide
details
of the author's life
and
his
works.
The
third
chapter
deals
with the basic
sources of
Islamic law
and throws
light
on the background
of the phenomenon of naskh. In this chapter
the views of anti-traditionists are also recorded. The fourth
chapter
provides
details
about the principles of abrogation
- whether special
or general together
with the significance of naskh. It also discusses
the problem of the
change of the gibla and informs
us that
naskh
is a
speciality of the Fugaha'.
In
chapters
five to seven,
I have discussed the three
modes
of naskh
described by the Usulis. They are: naskh al-hukm du-na
al-tilawa, naskh al-tilawa
duna
al-hukm and naskh al-hukm wa al-
tilawa. The first
mode
involves the discussion
of the problem of
wasiyya
(bequest)
and
cidda
(waiting
period).
The
second mode
investigates the origin of the Islamic stoning penalty
for
adultery.
The third mode
is
concerned with the Tafsir
of
Q. 87,6-7. In the
final
chapter,
I have
examined jassas'
concept of the relationship of
the Qur'an
with the sunna and vice versa
in the formation
of the ahkam.
Type
Thesis, PhD Doctor of Philosophy
Collections
Items in the St Andrews Research Repository are protected by copyright, with all rights reserved, unless otherwise indicated.