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.