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Chapter 3 The First Source of Shariah : The Quran ( Continue ) . Contents of the Lesson. Characteristics of Quranic Legislation The Definitive ( Qat’i ) and the Speculative ( Zanni ) Brevity and Detail ( al-Ijmal wa’l Tafsil ) The Five Values Ratiocination ( Ta’lil ) in the Quran
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The First Source
( Continue )
When the Quran pr the Sunnah specifies a general ruling of the Quran, the part which is so specified becomes qat’i.
the khass of the Quran normally occurs in the form of a command or a prohibition which can either be qat’i or zanni.
the general principle on which relations between Muslims and non-Muslims are to be regulated is stated in the following passage:
God does not forbid you to act considerately towards those who have never fought you over religion nor evicted you from you homes, nor [does he forbid you] to act fairly towards them. God loves the fairminded. He only forbids you to be friendly with the ones who have fought you over [your] religion and evicted you from your homes and have abetted others in your eviction. Those who befriend them are wrongdoers (al-Mumtahinah, 60:8-9). لَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ لَمْ يُقَاتِلُوكُمْ فِي الدِّينِ وَلَمْ يُخْرِجُوكُمْ مِنْ دِيَارِكُمْ أَنْ تَبَرُّوهُمْ وَتُقْسِطُوا إِلَيْهِمْ إِنَّ اللَّهَ يُحِبُّ الْمُقْسِطِينَ (8) إِنَّمَا يَنْهَاكُمُ اللَّهُ عَنِ الَّذِينَ قَاتَلُوكُمْ فِي الدِّينِ وَأَخْرَجُوكُمْ مِنْ دِيَارِكُمْ وَظَاهَرُوا عَلَى إِخْرَاجِكُمْ أَنْ تَوَلَّوْهُمْ وَمَنْ يَتَوَلَّهُمْ فَأُولَئِكَ هُمُ الظَّالِمُونَ (9)
When God explicitly declares something permissible (halal) or grants a permission (idhn) in respect of doing something, or when it is said that there is ‘no blame’ or ‘no sin’ accrued from doing something, or when God denies the prohibition of something, or when the believers are reminded of the bounty of God in respect of things that are created for their benefit, all such expressions are indicative of permissibility and the right to choose (takhyir) in respect of the conduct or the object in question.
Ibn abbas: those who don’t know اسباب النزول will form their own opinion, which mightlead to conflict and even bloodshed among them.‘
the Qur’anic verse 'Our Lord punish us not, if we forget or make a mistake' (al-Baqarah, 2:286), is held to be referring to unbelief, that is, when words which partake in unbelief are uttered unintentionally. This is forgiven just as are words of unbelief that are expressed under compulsion.
However, the exemption here is not extended to similar pronouncements, such as statements of divorce, or sale and purchase.