INFORMATION TO USERS

This manuscnpt has been reproduced from the microfilm master. UMI films
the text directly from the original or copy submitted. Thus, some thesis and
dissertation copies are in typewriter face, while others may be from any type of
computer printer.
The quallty of th.. reproduction is depend.nt upon the quallty of the
copy submitted. Broken or indistinct print. colored or poor quality illustrations
and photographs. print bleedthrough. substandard margins. and improper
alignment can adversely affect reproduction.
ln the unlikely event that the author did not send UMI a complete manuscript
and there are missing pages, these will be noted. AJso. if unauthorized
copyright material had to be removed, a note will indicate the deletion.
OversiZe materials (e.g., maps, drawings. charts) are reproduced by
seetioning the original, beginning at the upper left-hand corner and continuing
trom left to right in equal sections with small overlaps.
ProOuest Information and Leaming
300 North Zeeb Raad, Ann Arbor, MI 48106-1346 USA
800.521-0600
NOTE TO USERS
Page (s) not included in the original manuscript is
unavailable trom the author or university. The
manuscript was microfilmed as received.
17
This reproduction is the best copy available.

SHAFI'I'S THEORY OF NASKHAND

ITS INFLUENCE ON THE AL-QUR'AN
KUSMANA
A thesis
submitted ta the Fa.culty of Gmdua.te Studies and Resea.rch
in fulfillment of the requirements for
the degree of of Arts
Institute of Islamic Studies
McGill University, Montreal
2000
1+1
National LibnIIy
of Canada

du Canada
Acquilitions et
. . . Services services bibIographiques
=- ser.t 315. ,.. VJeIiI__
e.a- ON K1A 0N4 0Iawa ON K1A 0N4
c..da c..da
The author bas granted a non-
exclusive licence aIloWDg the
National Library ofCauada ta
reproduce, 10an, distnbute or sen
copies oftbis thesis in microform,
paper or electrODc formats.
The author retains ownership ofthe
copyright in tbis thesis. Neither the
thesis Dor substantial extracts fromit
may be printed or otherwise
reproduced without the author' s
permission.
L'auteur a accord une licence non
exclusive pemlettaDt la
Bibliothque Datiooale du Canada de
reproduire, prter, distribuer ou
vendre des copies de cette thse sous
la forme de microfiche/film, de
reproduction sur papier ou S1U' format
lectronique.
L'auteur conserve la proprit du
droit d'auteur qui protge cette thse.
Ni la thse Di des exbBa"ts substantiels
de celle-ci ne doivent tre imprims
ou autrement reproduits sans son
autorisation.
0-612-70603-6
Canadl

Author
Tide
Department
Degree
ABSTRAcr
: Kusmana
: Shifi'i's Theo!)' ofNasJUJ and lts Influence on the Uim al-Qur'a"
: Institute of Islamic Studes
: Mastet of Arts (M.A.)

The present thesis examines Shi6.Zi's thec!)' of ntJ.I1UJ and its influence on the 'uliim al-
Qur'an. The thesis looks at !Wo types of sources: internai and extcmal. Intcmally, the
discussion focuses on the ongins of 1IIlS1eh, the background and construction of Shifi'i's
theoq of 1IQsIUJ, tracing the ingredients of thought in general and of bis theoty of
naslUJ in particular. Having esmblished theory of nasJeh, the tbesis goes on ta examine
it extemallybyconsidetingShifi.i.sinfluenceonsixautborsof!lQSkhbooks(NaI..qis.sal-
1L:i:siA:h, Ibn al-'Ati'iqi's a/-Nisikh 1Va al-Mtl1I.J1J:Ji) and bis impact on the of eight
Qut'anic vetSes -Q.2: 106, Q. 22: 52, Q. 45: 29, Q. 7: 154, Q. 16: 101, Q. 13: 39, Q.4: 160,
and Q. 3: 7, discussed by authors of ta/sJr (faban's fQllli' al-.,laffif's AJ;1ei1ll al-
Qur'a-", Zamakhshan's aJ-KashshQ[, Ibn al-Jawii's ZafJ al-Manr, QU$bl's a/-JQmi' fj .A1Ikt1ll a/-
Qur'a;" and al-Durr al-Mtmthl).
This thesis ugues that despite its marginality in OWQ rime and throughout the
ointh cennuy in general, bis theory of nasleh playcd a significant raIe in the process al
elaboating and sysmatizing the conceptual. discOUlSC on nasJUJ in Qur'inic studies. Support
for this assertion is found in the direct quotation of Shifi'i's view by the authors discussed
herein, as well as by inference through a comparative analysis of tbeir opinion. Neverthe1ess,
this intluence W3S not carried over into the domain of e:gesis.

11
RSUM
Auteur
Titre
Dpartement
Diplme
:Kusmana
: La thorie du 1fIIj/Wde ShifiZi et S011 influence sur les 'U/iim al-Qur'a-".
: Institut des tudes Islamiques
: Matrise s Arts.

Ce prsent mmoire explore la thorie du naskh de Shifi' ainsi que son influence sur
les '(T/iim aJ-QlIT'in. La recherche couvre deu."C: sources intemes et e.'ttemes; au plan nteme, le
dbat se concentre sm les origines du 1f/JS1eh, le contexte ainsi que la struetUre de la thorie
du naslUJ, d'o l'auteur retrace les lments de la pense Sbifi'ite en gntal et son
NlSkh en particulier. Ayant tabli la thorie shafi'ite du ItIlSJeh, l'auteur poursuit sur la partie
externe o il retrace l'influence shafi'ite de s."< auteurs d'ouvnges portant sur le 1IIJSkh dont le
a/-NQsikh 1JIQ a/-MIJ1IS1I7JJ d'Na1:).l)is, le al-ri4J; de Makk1, le Nfl1IIisikh aI-Qllr'an d'Ibn al-Jaw2i,
le Jafipat a/-Rmikh de Shu'lah ainsi que le tJl-Nisikh JJI(J ai-MmtszlJeh de Ibn al-'Ata'iq"i. De plus,
huit versets qurinques- Q. 2: 106, Q. 22: 52, Q. 45: 29, Q. 7: 154, Q. 16: 101, Q. 13: 39, Q.
4: 160 et Q. 3: 7- tudis par auteurs de ttifm, particulirement lefimi' al-B'!]n de raban,
leAblemaI-QItr'in de le a/-Kashshifde Zamakhsha, le zadai-MaJlrd'Ibn al-Jawzl, le m-
]ami' li Al;Jeamal-Qllr'in de Qutfllbl et enfin, le a/-D,I11' a/-Mtmtl/rde
Cette tude soutient qu'en dpit de sa marginalit durant le neuvime sicle, la thorie
sha&lte du NJSJ:IJ a jou un rle significatif dans le processus d'laboration et de systmatisation
du discours du 1I4Skh au sein des tudes quriniques. Les lments qui soutiennent cette
hypothse peuvent tIe vrifis soit grce une citation directe des auteurs mentionns et qui
se rappottent aux vues de Shi6.z-1, ou soit txavers une analyse compatative des opinions de ces
demiers. Nanmoins, cette influence ne s'tendait pas au domaine de l'exgse.
i

CONTENTS
Abstraet
.
l
Rsum
u
Contents
ID
Acknowledgment v
Note on Transliteration
vu
viii
INTRODUCllON 1
lfF Chapter 1
TIlEOl.TICAL OVEllVlE\V 9
A. TFXr AND CONTFn 9
1. NasiiJ and its Related Tenns 10
a. 106 11
b. 52 12
c. Q:. 45: 29 13
d. 7: 154 13
2. Other Terms Relate<! to the Disssion of NmJJ 14

a. 16: 101 14
b. 13: 39 15
c. Q:. 4: 160 16
ci 7 16
B. mEUNGUIS11CSlGNlFlCANCE OF 11WORD NA.fJ(}[ 17
1. Na.rl/z as N6J/{Copying 18
2. NMll as Tl/zGlfhplactment 19
3. as /ht.ilor Abrogation 19
C. NAfKHAS ACONCEPTIIAL TERM 22
1. AJ aPbenomenon 22
2. Tbeory 24
a. Definition 24
b. Conditions for N3SilJ 26
c. Modes of 27
d. Types of NasiiJ 28
Cha.ftC!-n
SHAFl'I ANDniEnmOllYOF NASKH 32
A. NASKHlTS GENESIS UP TOSHAFrI'S TIME 32
B. BACKGROUND 40

1. Life aud Eduation 40

2. Works, Thought and Methodology 46
iv
a. Works 46

b. Thought and Mcthodology 48

i. Thought 48
. Methodology 50
c. SHAFI''S CONSTRUcnON OF THE lHEORYOF NASKH 55
1. Construction 5S
a. & aPhenomenon 55
b. Thcory 57
2. Construction of NMih in Context 63
~ Chaptcrm
THE INFLUENCEOF SHAFI'fS TIORYOF NASKH
INnm 1fLUMAUlURWI 72
A. THE INFLUENCE OF SHAFfrs lHEORYOF NASKHIN1RESIXWORKS 72
1. & a Pbenomenon 74
2. Theory 78
a. Definition 78
b. Conditions for Na.rilJ 83
c. ModesofNSIJ 86

d. Types ofNaskh 87
B. NASKHIN THE EXEGETICAL TREATISES 90
1. HasXh and its Related Terms 90
a. Q:. 2: 106 90
b. ~ : 52 94
c. Q:. 45; 29 96
d. ~ : 154 98
2. Other Terms Related te the Discussion of NmiJ 99
a. ~ 16: 101 99
b. Q:.13: 39 102
c. Q:. 4: 160 103
d. Q:. 3: 7 104
l'F Chapter IV
CONCLUSION 106
BIBUOGRAPHY 112

v
ACKNOWLEDGMENTS
During the two yeats of my graduate studies at the Instirute of Islamic Studies,
McGill University Montreal, professon, institutions, and friends gave me the henefit of their
help. 1 would first of a11 Iike ta express my genuine gratitude to O1y academic advisar and
thesis supervisor, Prof. Wae1 B. Hallaq, who encouraged and assisted me in the pursuit of
scholarship. 1 am aIso grateful to him for his constructive criricism and patience in guiding
this thesis ta its completioo..
1 would like also to thank my other professors for their encouragement: Prof. A.
Oner Turgay, Prof. H.M. Federspiel, Prof. Issa J. Baullata, Prof. Nathalie Polzet, and Prof.
Faisal Ismail Thanks are aIso due to the State Institute for Islamic Studies (IAIN) Ciputat
Jakarta, CIDA (Canadian International Development Agency), and the lnstitute of Is1amic
Studes for making this cow:se of study possible.
1 am grateful for the support of my Indonesian friends at the Institute dwing my stay
in Montreal. 1 would aIso like to thank the staff of the Islamic Srudies Ltbrary; especially
Sa1wa Fetahian and Wayne St. Thomas, who assisted me in obtaining sources for my thesis.
The efforts ofSteve Millier, who patiently helped me in editing the language of ear1ier dnfts
of this thesis into readable English, were very much appciated as weIL
1 would like to express my appreciation to my parents Okng Azhuri and Siti
Habsyah and my parents -n- law Abu Bakar Chafid and Dra. Ismawati MA. who always
supported and prayed for my academic success. My wann gratitude is also due to my
brothers and sistets Zeni Nurdin, Pendi Supendi, Rani Hanifah, Syam Agus Solihin, Bubung
Lukman Hakim, Anton Firmansyah, Ina Nabila, Dani Yusuf Akbar and Asriati.

vi
Last but not least, 1 am indebted ta my beloved wife, Awa1ia Rahma, who has always
given me her wonderful support, and encouragement during my studies. Without her
patience, careful reading and criticism, the task of wating this thesis could never have been
accomplished. It is ta her that this thesis is humbly dedicated.
Montreal, May 2000
Kusmana

vii
NOTE ONTRANSUTERATION
The system of translitertion of .i\mbic words and ruunes applied in mis thesis i5 that
used by the Institute of Islamic Studies McGill University. The table of
transliteration is olS follows:
b =y z
=j f
=J
t

5
=rJ
q
=J
th
sh
=,.j k =.!l

l
=J
l}
=c
4
ln
=j

kh
=c.
=,1, n
=0
d

=J:. h
dh
=t.
w
=.J
r
=.)
gh
=t
=
y
'-!
Short : a
=
1
::
:-
Long
-
1
.
11 =
::
c./
u =
-
u = .J

Diphthong : 20y =Vi; aw = .J 1

Nisba adjective: iyy =

AJISS
BSOAS
El
ER
IS
!]MES
JAOS
IL]
lv1W
OEMIW
SI
ABBREVIATION
Tht Anltn&ll7l Jo1lT11ll1 ofIslmnit SfllamSaen&es
B.Dtti71 oftht SdJooi ofOri,ntol tmdAfrit1J71 StNt.i
Bnryl/opOte6t:l ofI.sIam
The Enqdopttitl of&litJo71
I.rI4mi&ShtthU
Inttr1llltio7ltll]otmIfJ1 ofl.!itiJ/t Eo.st SbllJitS
] D1m1IJ/ ofth, Amm&ll71 Orit1lta/ o ~
LawLilmny ]fJ1I1'NJI
J.Y1N.rtim World
Tht OxfordBn9UoptriIJ ofth, MOMm Islami, World
StNriitJ I.r/omIJ
vili

INTRODUCTION
Ever sinee the reve1ation of the Qur'an, Muslims have been engaged in an ongoing
effort ta comprehend and live in aceordance with its message. Shordy after the death of the
Prophet Ml)ammad in 11 A.H./632 A.D, the Qw:'an was compiled by thase of bis
Companions who had preserved it. The urgent need ta de6ne the sources of their religion
led Muslims to develop certain Methodologies to understand them. One of the main
problems the earliest generation faced in doing so was their diseovety of many
inconsistencies either in the F;laJlth or the Qut'in. They developed a device called naskh
(abrogation) ta resolve these paradoxes.
1
Muslim scholars traeed this tenn back to its
traditional Arabie usage and its funetion in the Qur'in. There are essentially three meaniogs
assigned to the tem1 in Arabie usage: Ittlf/' (transcription), !Jalla ma1}aUahll (supersession or
replacement), and iza?a or ib.ta7 (suppression or abrogation).2 Burton notes mat the first and
third of tbese three usages ean be round in the Qur'in: /rrm.smptioll in Q. 45: 29; and
mppressiOll in Q. 2: 106, and Q. 22: 52. The second meaning was rare1y encountered; indeed,
according to Abu Muqammad Makl ibn Ab1 'ralib al.Qaysl (d. 437 A.H./l046 A.D.), it is
Qot even applicable to the Qut'in due ta the fact that its do Qat transcnbe one
1 John Bmten, ed., AIII VINiJ a/-Qsittt b. K. fli-NisiIdJ DIQ-!-mmuilUJ (Cambridge:
E.l.W. Gibb Memorial, 1987), p. 2
z Ab Makki ibn Abi ralib al-Qaysi, aI-fda7; li Nisi (JJ-QJtr'in MansHJehihi ft
MiI'rifrJt u.mJihi JWl WJtiIiifai-Nis fihi" ed. AJ,mad aasan Fu4it cr Dir al-Manirah, 1986), pp. 40-
7-54; Shams a10in Mulpammad ibn 'Utbmin ibn 'Ali al-Mirdni al-Sbifirl, a/-AJjtmt ai-Zihirit 'aIQ
FfaJ/ A!fit a/-Waraqil, ed. 'Abd al-Kam'Ali ibn Mubammad a1Namlah (Cairo: Dir Ii
al-1"iba'ah, 1994), p. 182; Burton, AbN Ubaid a/-Qi.riJ1I b. SaU4mst p. 1; and R1ji al-Ba'labaki, al-
Maa'riJ: ATtlIm-E1'l1i.r1J Didioll4lJ (Beirut: Dir alcnmli al-Maliyin, 1994), p. 1169.

2
another.
l
Those most concemed with this application in the early period of Islam were the
Hpl7sts (Muslim legal theorists). They identified three elements in 1IaslUr. the later, abrogating
(the na.rileh); the earlier, abrogated text (the ma1lSkh); and the process of abrogation
itself
Western scbolars are generally of the opinion that the oldest surviving documents
of Islamic litenture cao only be traeed te the second half of th:: second century Hijra, with
the exception of the Qut'in.
5
According ta Schacht, schools of.ftqh emerged in the $jaz,
Iraq, and Sya oaly in the second and third centuries.
6
Some schools survived while othetS
did note Among those that clid survive was the Shifi'te ",adhh"b, named aftu MuI}.ammad
ibn Idns al-Shafi'i (150-204 A.H./767-820 A.D.). In his a/-Risila, Shiffi constructed ((an
unprecedented synthesis" of reasOQ and reve1ation, composed of the Qur'in and Sunna, and
foanulated a methodology (11/117 aI-:fiqh) which enabled scholars te deduce Islamic 1aw &om
Islamic sources. Althougb the originality of bis achicvement has been criticized, bis
contribution has been widelyacknowledged.
7
J a/-.lt/ill. p. 45.
4 Burton,Abi Ulk:tida/-QisitR b. SiIIJDn,'s. pp. 2-3.
5 See for example Bw:ton, Tht Saums ofblanti& Law: [sItJmi TIJ,tris ofAImgQ/J1I (EdinbUEgh:
Edinburgh Univemty Pss, 1990), p. vii, or Joseph Sch2cht, T1H 0ri,1IS ofM1tlHmtmIltlml ]IIrispTJllinu:t
(Oxford: Clan:ndon Press, 1950), pp. 21-34.
6 Schacht, Thl pp. 21-32.
7 Wesrem scholars such as Schacht, and N.J. Coulson accept SbifiTs mIe as the 6rst ta
systemarizefi'llJ. Sch2cht, TIH Orip, pp. 6-10; NJ. Coulson, A HistIJ'Y al 1sItltIti& z..a, (Edinbu%gb:
1978). Wael Hallaq S, OB the other rather aitical of ds opinion. He sees
notion of H.p/ a/-fttJb as having been adopd only aCter the inDectua1 c1ima became more &.vorable
te it one centu%y larer. Nevertheless, he con6ans that Shafi'i was the 6tst in tem1S of synthetic and
conciliatory opinion. Hallaq, ''Wu al-Shifili the Muter Atthiteet of Is1amic Jurisprudence?"
I]MES 25 (1993). pp. 600-1; Mehmet Paaci, "'The Raie of Subject (MJj1llh/) in
Methodology: A Hermeneutic Approach," A]1SS 14 no. 3 (1997), footnote no. 4. p. 12.

3
Among the themes cliscussed in a/-Risa7a is the concept of 1IIJSkh, a tapic that has
rcceived much attention from Islamic scholats. For example, Zatkaslii, in bis af-Burhin Ji
7JIrm (J/QI/ra", refers to aine authotS on the tapie of a/-"ag/eh and a/-11Ian.rJeh: Qatida ibn
Di'amah al-SadSl, Ab 'Ubayd al-Qisim ibn Sallim, Ab Dawiid al-Sijistin"i, Ab ]a'far al-
Na1}1}as, Hibat Allih ibn Sallim al-Qw, Ibn 'ArabI, Ibn Ibn al-Auban, and Mald.
1
i\ccording to Richard Bell, however, the concept has mosdy been exarn;ned from the
perspective of law, and not trom that of literaty criticism.
9
This may be due ta the
implications tbat nasleh has for law, which must be detived from the revealed sources, the
Qur'an and fJ.mIlth. One of the first western scholars te respond to Bell's statements was
John Wansbrougb. In two of his works, Q1ir'ink Stlldiu: Sourres and Melhods of S,7iptNra/
lllferpntation (197), and The SlI:rritnI MilietJ: Conte1lt and Composition Is/ami Salvation History
(1978), Wansbrough employs a literary approach in c,"(am;ning the history of the soutees and
the methods ofMuslim scriptural intetpreration. Using a textual analysis,10 he concludes that
fluSkiJ is "an apparatus of self couection/abrogation" in Muslim scripture,l1 and identifies
a/-Ris4h as "the earliest treatment of the subject [naskh]."u
Badr al-Oin MW:wnmad ibn 'Abd Allih al-Zark,sb, a/-BNrhitf jf U. a/-QNr'in, vol. 2
(Beirut: Dal-Kutuo al-'Ilmiyya, 1988), pp. 33-4.
9 Richud Bell, IntroriMdion tIJ th, Qur'in (Edinbuqh: Edinburgh University Press, 1954), pp.
99-100; W. Montgomely Watt, &//'s InJ1rJ4Maion /IJ JlHQtIr'iR (Edinburgh: Edinburgh Univefsity Press,
1977), pp. 88-9.
10 John Wansbrough, Qur'illi SIm/ils: Soums fl1IIi M,lhods of Smptlmz/ [lIInpntlltio-n (Oxford:
Oxford University Press, 1977) and Th, Statnitm Mi/ini: ConJtnt and mp0.riti01l of Islami& Salualion
His/D1J (Oxfotd: Oxford Univeaity PIeSS, 1978).
Il Th, S,dm'lJn, p. 58.
u Stl/dits. p. 193 (the brackets are mine).

4
Few Western writea, on the other band, have paid much attention to a/-nQsikh lVQ
ul-ma1tsiikIJ.
1J
Those who have, according ta Burton,14 reveal an inadequate appreciation of
the Muslim discussion on 1UlS/eh. He refers to bis research on 1IIlI/eh as the first endeavor by a
Westem wtte! to e.'"<amine this subjeet in detail. 15 Burton bas in faet written and edited at
least three books on IItlSkh: The CO/lldioll oftIMQur'all (1977), Abti V"'lJd al.f2tiri", b. SaDam's
[(j'aD al-Nisikh lVQ al-Mtnmlleh (1987), and The SOIlrCtS of Islamic !.A:v: Islamic Theories of
Abrogation (1990). The fiat work discusses the collection of the Qut'in and its implications
for the development of the Islamic sciences, particularly UII al-ftgh. There he points out that
the theory of al-n4rikh 1IIfl fll-I1Itl1U11eh first during the period when the text of the
Qur'in was gathered together. He tries to determine ''whether and how these upl al-ftt.Jh may
even have fashioned part of that Islamic in particular, the part that recounts the
history of the collection of the Qurinic The second work is an edition of, and
commenwy on, Ab 'Ubayd's KiIQb a/-Nisileh 11111 aI- Ma"sleh, a work by a third-century
Muslim. scholar. In contrast ta the fitst book, the second reviews the concept of IIQs!eJJ in the
field of ta/sir (Qur'inic exegesis). The thint of Burton's works is the most comprehensive of
13 Severa! names deserve te he roentioned bere: Emest Hahn, "Sir Sayyid Kban's the
Controvetsy Ovef Abrogation (m the Qm'in): An. Annotated TcansJation:' in MW 64 (1974), pp.
124-33. David Powers who wro two articles: "On the Abroption of the Bequest Verses," Al'llbiu
29 (1982), pp. 246-95 and ''The Exegetial Gente al-Quran wa Mansikhuhu.," in AppfTJQchu
tIJ th, HiJtIn:J oftIH l11lerfJ"'11l1i'" tfthI ed. Andrew Rippin (Oxford: Clarendon Press, 1988), pp.
117-38; Rippin birmelf. author of 'cAl-Zuh, Naskh al-Quin and the Problem of Eady TafSir
Tens," in BSOAS 47 (1984), pp. 2243, and Daniel "The Triumph of Saiptunlism: the
Docuine of NIJSJJ and Its Modem Critics," in Th, Shapinz '.fan Amtrin u/tmtir Dtttllf'St: A MI1JIDriIJ/
/(J eds. Earl H. Waugh and Fderick Mo Deony (Atlanta: SchoWs Press, 1998), pp.
49-66.
14 Burton is a Senior Leaurer inhabic in the University ofSt. Andrews.
15 Burton, Th, SQ1IT&IS, p. iL
16 Tht CoUlaio" ofIhtQNr'itz (Cambridge: Cambridge University Press, 1977), p. 6.
e
e
e.
s
an bis writings on this subject. In it, he e.'Ca1Dnes 1IaSJeh as a source of Islamic hw in great
detail, covering theories of IIarleh in the Qur'in as well as in the SII7I1Itl.
however, f3ils in the end to answer Be11's critique since he focuses bis
discussion of "mle/; on the field of 1I.s/ a/-fitlh. Accordingly, he looks at Shifi'i's tbeoty of
nasleh from the sole perspective ofIslamic law. To remedy this deficiency at least in part, and
to extend the scope of the discussion of 1IIJS1W, wc propose ta examine Sh'ifi'i's influence
from the standpoint of Quanic hermeneutics,17 which is a Iitetary-aitical approach.
lI
The
reasons for attempbng such a study are twofold: fitst, from the penpective of cua-ent
and second, trom the point of view of the chaneteristic of Shfi'i's works,
especial1y, in this case, bis a/-RirIl7a. Regarding the first focus of mis study, we refer to the
scholatship of Burton, MUftc'i Wansbrougb and HaIlaq, of whom the first three
regard watt on 1IIIS1t:JJ ta be the earliest attempt at elaborating the field, while the last,
Hallaq, who examines the influence of shiti'i's warks in general, adopts a more aitiC3l
stance. Their views will constitute the point of depattu.re for our research, which will either
confirm or rejea them as the case may he. Burton in partic:ular cansidea Shifi'i's theoty of
naskh ta be "an intega1 aspect of the divine revelatory aetivity, motivated by a divine desire
17 Heaneneutics is a field of stUdy 1niti2l1y deve10ped for the inteq'retation of the Bible, but
it is nowadays as much concemed with "the ptoblem of how te give meaning ta a cultul21 produet.n
A hetmeneutic approach examines not only ''what something means simply from the th1g itself,"
but also explicates C'the contest in which it wu prouced and in wbic:h we a now trying te make
sense of it." See ADan G. Johnson,. TIH B,,"-UDditJ"IIIY t( JIdD!IJgy: A USIf''.r GltiM tIJ SIdDI4!PtJi
14ng7ftJgr, (Malden: Blac:kweD., 1977), p. 129.
18Literaty c:ritic:ism is a tcc:hnical teml ferring ta a process of a11alysis, and
evaluation ofworks ofliteutuin Jjght ofexisting standards of tastc. or with the purpose of aeating
new standards. The recent trend in this approac:h covetS the points of vicw of semiotics,
heaneneutics, Manism, fem
ini
SJ1\, and strueturalism. Liaq c::r:iticism studies a wide area, mainly of
a cultural covering not only ''traditional canon of genres short stoties,
ete.)," but also "fedea myths. autebiopphies, science 6ction, pbosophical tatises. historical
chronicles, and other forms of writings.ft See Hugh J. Silveanan, TlXb1itiu bllMm Hmlllllllltia ami
D'fDllStrHdOll (NewYork and Landau: Routledge, 1994), p.74.

6
to alleviate the burdens He had placed upon men."I. even regards Shifili as "the author
of the earliest attempt ta regulatise appeals to the principle of 1UIS1eh." Like Burton,
Zayd contends that Shafi'i was the founder of the scie!1ce of naskh.'JD According to him,
although Shifi'i did not fomlulate a comprehensive definition of nasleh, as 18 evident &om
the passages in which he discusses the topic, Zayd concludes that Shafi'i was aware of the
basic principle of 1I4.I/eh, i.e., abrogatillg a m/illg I!J anot!J". f'11611g nvtellerJ ill Il chrollologi/orrkr. To
support bis theory, Zayd points ta six post-Shiii'i scholars who followed in Shifi'i's
footsteps and perfeetcd bis detinition of 1lIJJk/r. Taba (d. 310 A.H./921 A.D.), Ibn Hi1il (d.
520 AIL/1124 AD.), Ibn al-Jawz1 (d 597 A.H./1201 AD.), Ibn al-lJijib (d 646 A.H./1248
A.D.), Sbitibl (d. 790 A.H./1388 A.D.), and Mardm:U Wansbrough tao adopts tbis
positi01l as we mentioned above.
On the othet hmd, Hallaq asserts that Shifi'i's in which he elaborated bis
theory of naskh, was marginal in its influence during the ninth century, and only began to
atttact attention at the end of the nioth century and the beginning of the nth. Ibn Surayj (d.
306 A.H./9IS A.D.), Sayrafi (d. 329 A.H./942 A.D.), and Qaffal (d. 335 A.H./948 A.D.)
provided the impetus behind Shifi)'s proposal of the metbodology of Islamic jurisprudence
and were responsible for making it more influenti.a1 and relevant.n This observation foans
one of the premises for our ugument regarding Shifi'i's influence on the theoq of lIJlS1UJ in
19 TlH S p. 32.
zo Zayd, Ji aJ..QJJr'a fll-KatinI: DWsa TtISlm....iIJa, TinJUJ!1Ja, NfllJdi.zytI (Beirut:
Dit p. 91.
11 pp. 91-4.
HaUaq, "Wu al-Sbi6
r
l," pp. 600-1.

7
Qurinic studies, i.e., that it pualleled bis impact on 11}117 aJ-fJh in coming a centmy after the
appeannce ofal-Rira7ll.
With regard ta the second Cocus, there are a number of issues that necessitate
further: examinatiofl. Firsdy, in bis book U.ml aJ-Taf.rlr 1lJQQa1IIi'iduh, Khilid 'Abd al-Ra1}min
al-Akk argues that the deve10pment of the principles of t'!lm and those of Hpl7 al-ftqh
paaJleled one another, since they both dealt with the same themes.
23
One such theme was (JI-
1IIisi1tJJ wa al-lIIaJISkh. While other scholus see ShifiZi as a contnbutor to the development of
llpi/a/1i'lh, al-Akk, on the other hand, assumes that bis aJ-Risi/a was aiso a contribution te
the field of 1I,ml ai-ltJjslr. He states:
Shifi'i wrote Q/Risa7a, discussing the f2Jir'an, the S1I1I1ItZ, and other related themes like 01-
MsiIUJ MI a/-1flI/1ISNIUJ, al- -am. 'RI aI-nngllla/ JI1Q a/-,mtfQHlli, and a/-mllf' DIQ oI-nlJ1.rJ. These
themes are discussed in fll-jt{h and up/ a/-lI:(nr. This point shows the close relation
between them Imam al-JUWilJU says in bis SIuIr6 fll.Ri.sQla, WU not preceded by
anyone e1se in waring and undemanding the ptinciples of tbese sciences.' In faer, the
principles of these sciences we not consttueted until Shifi'i came fonvard ta UDte them.
24
Second1y, ai-lIIlSkiJ is a ''vaIid hemleneutical insttument" for understanding the sources of the
Islamic sciences. lts usefulness lies in its potential to resolve sources considered to be in
dispute.
25
Thirdly, for the reason that the concept is a heaneneutical device, it would be
more appropriate to discuss it and its relation to a/-Qurin from the perspective of
hermeneutics.
In taking a hermeneutical approach we will draw upon Emilio Benits concept of
historical interpretation
t
i.e., reconsttuetive interpretation. From this perspective, sources are
24 Ibid., p. 35.
Hallaq, A HirtD1y ofIslantic Legal Th,oriu: An 11llTrHlMctiDn If) Stmni U.sil a/-Fiqh (Cambridge:
Cambridge University Pss, 1997), pp. 68-74.

8
differentiated into two groups: traces or rem
n
ants, and representative material.Z6
Accordingly, three types of presentation - descriptive, chronological and representative-
will be employed The descriptive approach will be used when we survey the theoty of
IIflS!eh in and discuss Shifi'i's background and theoty of 1II.lS1t:h. Wc will on the other
band adopt a chronologiC2l approach when we ttaee the origins of shiii'i's NJSIeh. Lasdy, we
will make use of representative presentation when we scrutinize bis influence on larer books
on naskh as well as exegetical works. Through an analysis of tbese factors wc will not oo1y
restore the concept to its particular histoncal context, but also enlarge the notion by situating
it witbin the history of 'uliim aJ-Qur'itt. By doing so, we hopc to be able to desc:ribe Shafi'i's
notion of II11S/UJ and bis contribution to the 'u/Nm aJ-Qur'in.
Following this the fst chapter provides a theoretica1. measurement in
which we discuss a theoretical overview of NlJ/eh. The second chapter attempts to trace the
ongins of 1UlS1tJJ, and te show the relation between thought and bis thcoq of IIflS/eh.
In 50 doing, wc preface this chapter with a discussion of the development of flasleh prior to
ShifiZi's rime and then discuss bis background, bis concept of /k1sJ:h and our assessment on
it. In the third chapter wc will identify bis contribution to the field of )J51Il
especially in the arca of books on naslt.h and exegetical wotks. Ftnally, in the conclusion, we
will review the results of our analysis and that of other scholars regarding
contribution to 'uliim III-Qur'ill.
Josef BIcher, Ide1ltptmJt.:J HmMtlfltlia: H".."ntlia as M,/hor/, PbillJsupl!J ad Critiq.
(London: Routledge & Kegan 1980). p. 42

9
CHAPTEIlI
nORETICAL OVERVIEW
This chapttt deals with the theoretical. dimension of nasle.h, discussing the tetm Cm an
of ies \"anous foons) fram the standpoints of linguistic usage, litenry context and conceptual
framework. These three themes will provide a theoretical foundation upon which the
following chapters will he based, where we will e.xplore the nature, scope and boundaries of
the genre.
A. Text and Context
ln order to set the stage for our discussion, we will fint present the Qurinic
pas$ages which refer ta naskh, and examine them in the light of three classic works on the
occasions of revelation: Wiqidi's Asbib WidiZi's al-J'iJ}lJ) al-MHslttld min Asba'} a/-
and LMba-" aL-Nuqu7jiAsba'b These wotks will enable us to provide
a context for the usage of the tam and its derivations, and to undersand how lIQSkh was
understood to operate from a Ver{ early period in Islamic thought.
1 Ab 'Ali ibn Al)mad al-WiI}.ic& al-N"lSibW (d. 468 A.H'/1076 AD.), Arbol ai-
NIl!(!l (BeiNt: Dir al-Kutub al-cnmiyya, 1986).
'!. Muqbil ibn Hidi al-Wdira, a/-StJIJr'9 oi-MltS1l1lti l1t1I Arbib (Wr5e1en: O al-NUr,
1405/1984).
J Jalil al-Dn 'Abd aI-1W)min al-Suy!i (849-911 A.H./1445-150S AD.), a wu a
Qm'inic scholar. He \WS reluetant te study phosophy, and coocemed bimself more with Aa.bic
language and textUa! studies. He cWmed to have masteted seven fields of Islamic studies: /lJfslr,
E:lodilh,fi'lh, "., 11Ia'Q,Q, W', He It tbat bis knowledge ofJi4h wu not as authoritative as
thac of bis masters. However, he wu sure tbat bis knowledge in the other six fields wu superior ta
bis rmsters'. He wu a prolific wDtef; bis wos are estnated ta amount to the hundd, others say,
fout" hundred and fifteen, whiIe still ometS say six hundred, in the field of linguistics, tfJ/iir,
studic:s and 1;laGJh andfifJh. ai-Iltjinji UIiiHIIl1-Qttr'itt, voL 1 (Cairo: D 1985), pp.
4-5.

10
L Naslcb and its Relatee! Tenns
1nere are four verses in the Quran in which a word based on the mot n-s-Jf.h is
employed. The first three of these take a vetbal fonn (Q. 2: 106, Q. 22: 52, Q. 45: 29) while
the last verse uses a noun (Q. 7: 154).4 Of the three verses in which it appears as a vetb, the
fUst two feature ll-s-1eh in the first foan, continuous tense.
s
In Q. 2: 106, for instance, it is
wntten nansalehu, which is usually ttanslated as "we abrogate," such as in the following
version of the complete verse: 'Whatever a verse do We abrogate or cause ta be forgotten,
Wc bring a better one or sim;)ar to it.',(a Others would have it understood in the sense of
"modification." 7 In the second verse, Q. 22: 52, where it is given as it conveys the
meaning of canal/atio", 1lI111111/i1lg or S1IJlPressioll. In our third example, Q. 45: 29, the verb is
used in the tenth foan, 1IaStatLri1ehu, and has the sense of "recording." Finally, we 6nd in Q. 7:
154 the noun foan llNSIehat, which is equivalent in meaning to the verb used in Q. 45: 29, and
thus signifies inscription or nrd.
Hanna E. Kassis, A Ctmmt/tma ofthlQltr'iin (Berkeley: University of Califomia Press, 1983),
p. 849; MlIlfl1l1.A!f4l:. al-Qltr'i" aJ-Kaiim, 2
nd
ed., V. 2 (Cairo: al-Hay'a al-'Amma li al-Ta1if
wu al-Nasbr, 1970), pp. 707-8; Naphtali Kimberg, A Lexin of T""';1IIJl1 I His Qr'in
CoIIIJNtlltmy lIIith FuJI DtjinitiDlIS, E1Vlish S1I1111NarU t11Id ExtINSiw Ci1lltifJ1lS (Leiden: E.J. 1996). p.
792; Powers, ''The Exegetic:al Gente nisikh al-Quran wa maskhuhu," in AppTDhu ID J!JI HisIDty fJj
th, fJjIhI QItr'in, ed Anchew Rippin (Oxford: Clarendon Press, 1988), p. 118.
S \Ve use Taep alOin al-1JiIiIi's and Mulpmrn3d Mubsin Khin's Qut'icic
tnnslation, TntllSltJJion fJj JIN Met.lIIlIll '.f dH NtJbll Qw'Oll ill IJH EIIgIisIJ 1.4nll"lll. Madina: King Fahd
Complex for the Printing of the Holy Qur'in, 1996 (Ibis refence will he refeued to as
Tratlslotion, fmm now on).
6 Burton prefers ading the tem1 in chis verse in the sense of modification as it
reftts te the modi.6ation of an eadier, Jewish pa.etice or bwby a lar, Is1amic one. He supports this
assertion with seveal incidents: tIH tmg, Djqiblll (Q. 2/155,177. 124-151), J1ilIlim'l' riJts (Q. 2/158),
dielary Itm'S (Q. 2/168-74),1tJIitJ (Q. 2/178-9), blqurst (Q. 2/180-2), mdflUt (Q. 2/183-7). See John
BUTton, Tht CDillaiD" ofth, Qur'01I (Cambridge: Cambridge University Press, 1977), pp. 236-7.

11
a. Q. 2: 106
Verse Q. 2:106 uses the verb fOnIl 1IIJ1ISa abrogate) to signify God's guaranty
of His revelation.
'
This guaranty is asserted in the last part of the vetSe, "Know you nat that
AUah is able to do aU tbings!' His superiority over an creatures is canfinned by the preceding
verse, Cl But AUah chooses for His Mercy whom He wills. Allih is the Owner of Great
Bounty" (Q. 2:105),9 and the which follows it, "Knowyou not that it is Allah ta Whom
belongs the dominion of the heavens and the earth? And besi.des .Allih yeu have neither any
WoN" (proteetor or guardian) nor any helper" (Q. 2: 107).10
W-al).idi reports that exegetes generally agreed on the circumstances that preceded the
revelatiotl of Q.2: 106. They explained that the polytheists (1l/-11IIIShrikNn) had questioned the
inconsistencies of the IsJamjc doctrine brought by the Prophet Mul}ammad. And it was at
th:at point that .Allih revealed Q. 2:106 and Q. 16: lO1.
u
mentions anotber report
from Abu ttansmitted br 'lkrima from Ibn 'Abbas, saying "Once the Prophet, peace
be upen him, received a revelation in the night, but he forgot it in the day, then Q. 2: 106
was revealed."u Widi'i does not mention any of the reports cited by Wihidi or in bis
book al-Salill; Il/-MuS1l4li mi. Asba1 conceming the reve1ation of the verse. He even
criticizes Abu for bis care1essness in examining bis chams of infoanation in support
1 TrzsIatiI", p. 21.
9 Ibid. p. 20.
10 Ibid.
t
p. 21.
IL It is reported mat they said
t
'COon't you see who asks bis Companions ta do
a ching once, tbm he fotbids them te do 50, and men asks them te do the reverse on another
occasion. ... Wbaver is in the Qur'in is just Mn':tammad's own sayingst that is, sayings which
contIadict each otheL" W""a1Jidthbibtli-NII:(!l, p. 19.
u L,bib Q/.N1IIJ1I7, p. 20.

12
of bis interpretation of the Qur'in. A case in point is the stoty of Tha'laba ibn F.lirib, which
wadi"i rejeets due to the faet that its tnnsmitters were considered weak.
13
We refer to their
reports in spite of questions as to thei1: authenticity, since they show how scholats hand1ed
data in relation ta their discussion of .ws/UJ.
b. Q. 22: 52
Verse Q. 22: 52, on the other band, uses the phrase f'!Jll1Uakhli Alhn. .. (But.Allih
abolishes ...) ta indicate that .Allih annuls reve1ation which bas heen tampered with by Satan.
The verse is preceded br Allih's waming that, wbaever tries to strive against His
(revelatiol1), he/sbe will he condemned ta He1l-fire (Q. 22: 51).14 The verse is follawed by
aootber containing His assertion that tocme11t will he inflected on transgressors, and that
Divine direction will be bestowed on beJievers (Q. 22: 53-54).15
W-a1).idi and link the reve1ation of the verse te a story known as ai-ghari1q al-
'u14 Apparendy, wben the Prophet Mu1)a
mm
ad had 6nished reciti:ng the verses of Qut'in Q.
53 up ta the 19
ch
and 20
lh
in which the duee Atabian goddesses al-Lit, al-'UZZ3, and al-
Manat are recognized, the story goes that Satan made him pronounce thc following sentence:
CCVerily, they are the cxalted maidens (ai-ghatWilq) and their inte%Ccssion is ta be hoped
for." This was taken by the polytheists as a pronouncement by their 0W11 idals. Ta rcfute
13 "'-$ll/if; fli-M1Immi, pp. 4-5. W-adi'i points out Ab Mut}ammad Ibn findings
tbat the tnnsmission of Mu'in ibn Rifi'a, Qisimibn cAbd lW)min, cAli ibn and Mis&m ibn
Bamueweak.
1. TrllllShtiDII. p. 450.
15 p. 451.

13
their daim, Q. 22: 52 was then cevea1ed:
16
'tNever did We send a Messenger or a Prophet
before you but when he did recite the revelation or n2mlted or spoke, Satan threw (some
falsehood) in it. But Allah abolishes that which Satan tluows in. Then A.ll3h establishes His
revelation. And Allih is All-Knower, AlI-Wise."17
c. Q. 45: 29
Verse Q. 45: 29 features the verb faon Inna hmna "t:lSttJ1l.SiJt. . (Verily, We IIIm
ream/ing..) emphasizing that the Holy Book speaks only the truth, and that A.ll3h records aIl
human deeds.
11
The concept of records of human deeds was introduced in the verse
previous ta this (Q. 45: 28), while the subsequent one contains infoanation on the
consequences faced by those who obey or disobey the Holy Book (Q.45: 30-31).19 Neitber
wiidi, nor Widt'I, nor Suyj provides any due as to the circumstances that gave tise to this
verse.
cl. Q. 7: :154
The last verse, Q. 7:154, has the noun foan II1ISleha (mscription), and explains mat the
inscription brought by the Prophet M5i was a Divine guidance and mercy. The previous
verse shows the possibility of A11ih's mercy being extended to those who commit evil deeds
16 W""alJidi,ArbtJ7J Q/.NII!(J/' pp. 177-8; SufP, LM/JQD pp. 201-2.
17 Ibid.
11l;Iilili, Trulatioll, p. 679.
19 Ibid.

14
but then repent afterwards and believc in Msi's Gad (Q. 7:153).20 The following verse
explains how M&i convinces bis people of Gad's ttuth (Q. 7: 155).21 Once again, W-al}idi,
Wadi'i, and are ail silent on the cironnsta1lces behind the revelation of this vet$e.
2. Omer Tenns Rclated to the Discussion of Nasltb
In addition to 1IIlS1eh, there are other terms used in the Qurin that have a simjlar
memi.ng. Here, we identify four verses which contain words with the same connotation: Q.
16: 101, Q. 13: 39, Q. 4: 160, and Q. 3: 7.
a. Q. 16: 101
VetSe Q. 16: 101Z1 uses the ward badtiIIlni which in its DOllO foan is talxGl. meaning
dJange. The verse itse1f explains the Deglgence of disbe1ieveu' in cJ3
im
;ng mat the Prophet
Mu1Jammad was a liar. They had accused him of being inconsistent in asserting that for
Allih, changing one verse with anotber is His own prerogative since "He knows best wnat
He sends down" and they (disbclievers) "know not." W-alPdi links the circumstances of the
revelation of Q. 2: 106 ta those behind Q. 16: 101.:!3 By contrast, and Widi'i do not
provide any occasion of revelation for tbis vet5e.
222.
21 Ibid.
22 UAnd when Wc ch2nge a verse (of the Quran) in place of anotber - and Allih knows ben
what he sends down - they (the disbeJievea) say: 'You (0 Mul}ammad) are but a muft2
(forger/liar)" Nay, but most of themknownatif. Q. 16/101, l:Iili1i, T1'I1I1.11tiDrI, p. 362.
Z3 WiQidi, Alba"} aJ-NN:(J/, p. 161.

15
The context of Q. 16: 101 demonstmtes the impossibility of interpolation inco
tevelation by Satan. Verses 98-100 of the same !1m1 confum however that Satflll always strave
ta make the Prophet (and bis foIlowetS) forget or say something fareign to the Qur'in, an
effort that will nevettheless always fail because Allih maintains the integrity of scripture
thtough His servants ''who believe and put their trust ooly in their Lord (Allih).n Verses Q.
16:102-03, which follow, descnbe in greater det3il haw Allih preserves His revelation.
b. Q. 13: 39
Another verse that contains a parallel to na.r/eh is Q. 13: 39,24 where the termyaml}
(derived from the root 111-11-111) is used in the sense of bt out or mJSt.
2S
Here, Allih again
cantinns His sovereignty in deciding wbether to establish or et2Se whatever He wants. The
verse is preceded by a reference to God's maintenance of His prophets, and is followed by
God's assertion ta the Prophet Muqammad that he should do bis duty only and not worry
about what will happen to him.26 Neither Wil}idi nar provides an occasion for the
revelation of this vene, although comes up with a report from Kalbi for Q. 13: 38,
indicating that it was revealed subsequent to an accusation made by a Jew that what mattered
to the Prophet was only women and marriage.17 According ta Abu }-Jitim on the
other hand recorded a report from which suggested a telation between Q. 13: 38
24 ccAllih blots out what He wil1s tnd con6ans (wbat He wills). And with Himis the Mother
of the Book" Q. 13/39, l:IiJili. TrtmShtiDR, p. 327.
25 R!ji BaCJabaki, fli-MI1IJ'ritJ: A MDlm AnzIJj(-B1Iglish DktiDlUlI:J (Beut D al-cnm Ii al-
Maliyin, 1994), p. 983.
ri hM"l p. 158.

16
and Q. 13:39. Thus when the former verse wu revea1ed and the people of Quraysh said that
they did not see recei.ving any help in maint2ining His revc1ation, the latter was
revealed to set bis crities sttaight.21
c. Q. 4: 160
Verse Q. 4: 160 also has a relation ta the 1lIlskh, even though there is no specifie
ward therein tbat is equivalent to the tem1; rather, it is the vetSe itself that provides a concise
example of the function of 1lfJ!kh in Islamic doettine.
29
This verse explains that Allih had
change<! the 1aw on cett31 foocls for Jews in punishment for baving suayed &om the way of
Allih.
30
However, Wil}idi, and widi'i do not provide any information regarding the
d. Q. 3: 7
Finally, verse Q. 3: 7
31
uses the tem1 fltllleamt and 11IIItaSha7Jiht (not entirely
cleu). Powen notes that the Companions, FollowetS, and Successors of Mul]ammad had
always taken tbese tenus into account when referring to the abrogat1'lg and abmgated verses.
Quoting raban's jimi" a/-BerPlI, he remarks that this W3S true of Ibn 'Abbis, Ibn Mas'd,
21 Suyp, Ltba"l Q/.NlIqi/, p. 171.
Z9 Mu1)ammad Silil). 'Ali MUSJau, al-NJi fli-Qltr'in fli-IVznm M'!fhinndnt "''' TiiiJmhll lJItI
Da'iwi/m (BeiNe D al-Qa1am, 1988), p.l8.
30 fJiIili, Trrms/atio", p. 137; Mul}atmmd 'Ali al-N Ji Ill-Qur'itt al-KtnVw:
Maf/JnIlru Ala TiriJf.Jndnl Mf Dtl'iJwJhll (Damascus: Dis: al-Qa1am, 1988), p. 18.
11 'CJt is He who bas sent down to you the Book. In it a verses mat are entirely cleu -
III1I1}/umtit - they ale the foundations of me Book, and othea not entirely cleu -11IIIttlShibihir (rtalics
ue mine). lJiIi&, p. 68.
NOTE TO USERS
Page (s) not included in the original manuscript is
unavailable trom the author or university. The
manuscript was microfilmed as received.
17
This reproduction is the best copy available.
17

18
illustmtes each mea.ning with an example: naskh as 1lIlql (transcription aI: copying) in the
phrase NosokhfM o/-kitIJ (I transcribed or copied the book);;!. a.s !JoUa malJoUoIm (supersession
or replacement) in Na.salehot oi-shtl11U idhi ma!}oUoIm (the Sun teck the
place of the shadow, when the Sun superseded it and replaced it);3ci and as or
(suppression or abrogl1tion),37 in MStlkhat al.iiI, a/-Ot/xmJ , idiJO faiom yohqo mi7lhN
'iwtJt!MII, 1VtJ li allat al-rZIJ mal;o11o aJ.Pthari, bill zola (The \Vind abrogated the tace, when
the wind a.brogated it, no substitution for it remained, and the wind did nct suppress the site
of the trace, rather it disappeared altogether).
1. Naskb as Naql/Copying
MakQ's identification of the ward 1t/l.rk.h as TIIJ'i' 15 also an interpretation common in
other wnters. For eJW11ple, KhaIil Ibn A4nud al-FaWiidi (d. 170 A.H./787 A.D.),3S
(ci. 538 AH./1143 A.D.), 39 lamaI al-Dln ibn (d. 711 AR.!l31!
Ab Jl1':far al-Na1}4is,4t Ab I-jitim,42 md Buthin al-Da al_]11'ban
43
aU employ 7IIISl!.h
in the sense of 1ZJ1qL
3S Makkl, ai-I.ti4.h, p. 47.
36 Ibid., p. 49.
37 Ibd., pp. 52-3.
38 Zayd, ai-Na.tkhft ai.Ki111m, 2
cd
ed (Be:ut: Dar J 1971), p. 55.
19 Thiel, p. 56.
<tO Ibid.
41 Ibid., p. 57.
..2 Ibid., p. 58-9.
4! Ibid., p. 59.

19
Scholars have different views on the relation between IfIlSkh as naq/ and I14Skh in its
abrogatory raIe. Na1l1}is considea naq/ to be the basic charactet of a/-IIasleh 1Va a/-11Iansileh.
Makk1 disagrees with b.im, however, saying that "a/-n4sikh in the Qur'an does not copy 01-
11IQflSU7eh, instead it constitutes another word and another ruIing." However, Makk1's
assessment, accotding ta Zayd who bases his view on Ibn Hi1il, does not contradict
Na1+llas's opinion, due ta the faet that "the Qur'an uses this sense in Q. 4S: 29. The Qur'an
has been ttanscnbed wholly frem 'U1II", a/-Kita77, that the whole of it was abrogated, means
that it is literally copied." Zayd considers NaQ.l1as's view to he an stand,""'" the same
view that was he1d by Ab 45
2. Naskh as Ta1}ll1/Replacement
Zamakhshan, and Ibn salima do not considcr nosleh to mean ta!lGl, whereas
Aqmad ibn Fins Cd 395 A.H./l00S A.D.), Ibn Na41las, Ab and ]a'ban ail
do in some instances, in confoanity' with Makk1.46 Furthermore, Na44s considers that this
meani.ng - nasleh as tal}Gi, can he found in Q. 22: 29. He sees it as lending support te this
interpretation.
3. NasJcb as .lb.tsiJor lza,1Abrogation
Whereas neither Zamakhshan nor defines NlSIt.h specifical1y as abrogation,
this is the meaning that Fatiliidi, Ibn Man;r, Ab ]a'bati and Ibn Salima assign te
44 Thiel, p. 57-8.
45 Ibid., p. 59.
Thid., pp. 55-9.

20
it.47 According to ~ Zayd, mast scholus regard Q. 2: 106 as supporting this
interpretation.
4I
Ab 1:Iirim believes that, initially, nasitJJ has a twofold linguistic sense; fiat a/-ZQ1VQJ
o/QJhat a/-;1I Itim (comit'lg to an end); and second a/-Zfllo7 'Q/Qjihat al-illtiqiJ (coming to a
change). The fint sense bas two meanings: the first is nask./J i/4 batiI (lUlSkh for a
change/substitution), which bas the sense of 1Il1;G1, while the second one is na.rkh ilghayri
badJ (NJSkh not for a substitution). The latter requites the abolition and abrogatioo of a ruling
without supplyiog any substitution. It estabIishes lIas/eh as ;zila or ib.taI. As for the second
original sense, in which nas/eh may be taken te mean naql, it cont2ins the inference that 1UJS1eh
can result in the abrogation of a n n ~ but not the werding.
49
According to ~ Zayd, the discourse on lIaskh deals fundamentally with its
original and allegorical meanings, such that scholars have differed considerably over the
question of whicb meaning is allegorical and which is original. The tint camp, represented
by Sat2khSi (d. 490 A.H'/1097 A.D.), argues tbat the three usages of the term (1IIIfJ1, ib/il, and
itila) are of a 11It1JiiZ l}aqlqa or allegorical natute. The natute of 11111/1, ib.tQI, and iZilil is to omit
the essence of a ching, whereas in nar/eh this is not the case. For example, 1II1IJ' al-ki/aD (the
replacement of the book) does not refleet this cbataCteristic, because the replacement of the
essence of the book is not manifest from one place to another; what is apparent is the
47 Ibid.
.. Ibid., p. 61.
~ Ibid., p. 59.

21
establishment of the like in another place. Like noq4 bath and izila aiso bear this
meaning.
SO
Ghazali (d. 505 A.H./l111 AD.), who represcnted another camp, argues that nasleh
in the sense of iza7a and naqi is original. Bath the tem15 iZila and ntllJi are IlIShtarale
(common), such as in the sentences nasakha ai-sho",s (for iZiVJ) and nasle.h ai-kitafJ (for
Amdi (d. 631 A.H./1234 A.D.) does not refute GhazaIi's opinion, he merely states
that determining which one is superior is a meaningless exercise.SI Zayd himself
offers the opinion that iza7tJ is the original meaning of nas/eh. He supports tbis point by
tracing th!ee phenomena: its usage in Hebrew, its linguistic coot, and the Qur'aruc use of the
term.
5Z
Naskh, the noun fotm of the ,rerb n-s-leh, lus frequendy been used in the Islamic
sciences to designate the theory of nasJe.h, and is used in a variety of feans in tides such as al-
Naslehft a/-Qurin,53 Nawisi!eh or al-Nasileh ilia fJi-ManSllIehftor min S5
50 Ibid, pp. 60-1.
51 Ibid, pp. 61-2
5Z Ibiel, pp. 62-7.
53 For enmple, Zayd, m-NaslehJiai-Qur'iRa/-Km7m.
s. For enmple, Ibn al-Jawn, Nmvisik.h ai-Q1IrtQn.
55 For enmpIe, Na4lJis, tJi-Nastkh WQ oJ.MallSJdJ Ji oi-QNr'ill a/-Kmlm (Caire: cAlam al-Fikr,
1986), ct Hibat A1Iih ibn salima (d. 410 A.H'/1019 AD.), oi-Nisikh JWI oJ.M4nsiiJUJ IlllI al-Qw'itt
(Cairn: al-Bili 1310 A.H/1904 A.D.).

22
c. Naskh as a Conceptual Tenn
1. As a Phenomenon
Here, we will discuss two points: the acknowledgment of ItIJJkh and its importance.
Regarding the ftst point, early and modem scbows have long argued over whether there
truly is nafleh in the Qur'an and Srt1lllO, with the majority holding that there 5.
56
John Burton
explains that the term nas/eh not to one, but to severa! quite unrelated phenomena
which were gradually brought together under the one rubric, owing to a series of decisions
taken in the course of the development of what was ta prove a specracularly 'successful'
theory."S7 He portrays these phenomena, on the one hand, as problems involving
conttadietions in the textual oc revealed sources (the Qur'an and Sltllno).5I On the other
hand, he sees it as a response to the formation of the Islamic sciences, which sougbt to
elaborate the doctrine on the basis of the revealed texts during the first three centuries of the
Islamic era.59 Based on these arguments, he disagrees with. the view mat it developed simply
56 Sorne of the schol3rs who rejec:ted IlaIkh are ibn B* (d. 322
A.H./934 A.D.), a Mu
c
t2Zil, 'Abd al-Muta'i} Mul}ammad al-Gba2ili, a
conmpoary Muslim thinker from Egypt, and 'Abd al-KaDm a modem Muslim scholar.
Ibn Ba1J.r is said te have tried te discuss an vetSes te which 1IIUk.h applied, and had come
up with a different interpretation, i.e., it is different from its literai meanings, demonsmting chat
then: is no conteldietion among the verses of the Qu'in. In 1368 AH. MuQ,ammad al-Jabun wrote a
book entitled O/-NmJi af.Shi'tJ a/-bl4nJi:oa !eIlImiAfltll1l. He assumed mat the vet:SeS of the Qurn
do net abroga one and that there is no verse suppottiog the notion of nas. Mlll:mmmad
al-G1uzi1i and al-Karim al-Khab advance arguments similar ta those of the previous two
schoWs, and base their opinion an logic, ttying ta draw a comparison with the comprehensiveness of
the Qur'in. Mw,ammad al-Mudarr, "Dhikr liman Anba Thubta al-Naskh," in 0/-
NisiJ:h 1IIQ a/-MtmskJJfta/-QtI1", a/- waM4fihi ntin a/-FflTiI/ 1IIQ a/-S1I1II.III by Ab 'Ubayd al-Qisim
al-HaraWi (Riyi4: M2ktaba al-Rushd, 1990), pp. 72-6.
57 Burton, Th, SOlmes, p. 18.
5& foid., pp. 1-8.
59 Ibid., pp. 18-9.

23
as a meaos to resolve contradictions in the Islamic sources by inference either through iJlIQd
(attribution) Ot circumstances. Instead, he holds that it was grounded in the gradual
development of the revelations.
60
Makk1, on the other hand, argues that the phenomenon of 1laSkIJ can be proved on
the basis of logic. Taking a henneneutic approach, tberefore, he elaborates bis theoty'. Fitsciy,
he relates the acknowledgment of nas/eh to the sovereignty of Gad in everything
that bas bappened, is happening or will happeo. Secondly, he argues that God revealed
Islamic religion mat is in accordance with the demands of the age. FU1ally, he explains that
the Qur.i'n was revealed in piecemeal fashion.
61
Though Makkl is acknowledged to have
heen the fst to have put forward this argument, this kind of elaboration was common
among Muslim scholars. .A4mad Fa.rl}it, in bis introduction ta Makk1's
e.''Plains that, while it was oot the 5.tst instance of the argument in terms of content, it was
the Mt in tenns of context, in that it W2S offered in a chapter entitled &7J jihi Ma'1Ifl-
al-Naskh IlIQ Il/a mi." '!J1IQ Jaza rlhililea (The Chapter on the Explanation of the
Meaniogs ofNasJeh, and its Method, and on what Basis it is Pennitted) from the
In &ct, other Muslim scholats commonly based their acceptance of the notion of
fUlSkh Qat only on logic, but on stml and shed as weIl. S(//11' terally meaas heming, listelting or
lDIdition, but for these scholars mean that IItJSkh had long been acknowledged as entailing the
concept of abrogation. Ibrihim 'Abd al-Rat,ma
n
Fins, basing bis argument OQ
Zarqitii, holds that the data embodied in early Islamic history ac.d in earlier religious
traditions, such as Judaism and Christianity, including inferences in its doctrines, confirm the
60 Ibid., p. 20.
61 See, Makki, al-.tiiJ}, pp. 55-9; Burton too is aware of dUs understanding among Muslim
scholars. See, Burton, TIN SfI1IIrIS, pp. 20-1.

24
acceptance of 1tQsleh.
62
ShnS litenlly means direction and but here is intended to
denote how religious doctrines, including those of Islam, illustnte the phenomena of naskIJ.
6J
Substantively both tenDS, sam' and shar', refer to the same thing, i.e., how 1tas/eh was
described in history and religious doctrine.
Regarding the second point -me importance of 1taskh, generally Muslim authorities
referred to the story of 'Ali ibn Ali 'ralib's prohibition against teaching the Qur'an without
mastering the theory of MSkh. They aIso used the story ta stimulate those involved Qur'aruc
studies ta study it. The story goes as fallows:
It has bcen reIa.ted about the Commander of the Faithful, 'Ali ibn Ab Tilib ... mat
one day he ente%ed the Friday masque in Kfa, where he saw a man known as 'Abd al-
1W}min ibn Dibb, a follower of the Ab Msi al-Ash'an. The people had gathered around
mm in arder to ask questions, but he wu mixing commands with prohibitions, and
permissions with restrictions. cAli asked him, 'Can you dstinguish between the abrogating
and :lbroga.ted verses?' He replied, 'No.' Then 'Ali said, cyou desuoy youne1f and you
desuoy others. Of whom ue you the famer?' He said, cr am the rather of yaqyi.' cAli said,
COYau are only talking in order tO increase your putation!' And he grabbed bis eu and
tW'Sted it. The he said, COo not tell stories in our masque ever again. '64
2. Theory
a. Definition
There are two definitioos of ntJsk/r. one a loose and the other a more restricted
definitioQ. In tenns of the foaner definition, naskh is seen as a general term, coveri:ag oot
6Z Shu'lah, $'!ftmt fli-&isiJ:h, pp. 46-9.
6J Ibn NtJalisi a/-Qttr' in, pp. 14-5.
64 Powers, c'The Exegetial Genre," p. 124. He quotes the stary from Ibn Salima,
and Ibn cAti'iq; Rippin, Naskh al-Qur'in and the Problem of Early Tafs"ir in
BSDAS 47 (1984), p. 28; Ab 'Ubayd aIQisim ibn Sallim al-HaxaWi, fJI-Nisikh llJfJ a/-MansikhJi aI-
Qur'i7t 11/(1 !Hijihi 1IIi1t aJ.Fam"-)i; RI Q/.S,011l1l, ed. by MuQammad Ibn al-Muday&r (Riy34:
Makta.ba. 1990), p. 4. Kamil al-01n cAbd al-Ral}min Ibn al.cAti'Uit al-I:IuIi
(known as Ibn al-'AIi'iql), aJ-NQsi/eh 1Wl a/-MIlIISikh cd. by 'Abd al-Hid al-Fudil (Najaf MaJbacat al-
1970), p. 22.

2S
oty the abrogation of a ruling or worditlg by another ruling or wording, but aIso other
teans sucb as specification, and c-'Cception. The second deficition, on the other band,
confines itself to the abrogation of mling and wording only. The Ah/ a/-sa/of-or the earliest
generatioa of Muslim scholars- he1d to the tirst definition, whereas the 1II11tfJ'akhkJJinn/later
generation clung to the latter one.
65
Zayd attributes to Shifill the credit for first
restrieting the term,66 a daim which Ibn al-Mudayfar ta confirm.67 Al-FaqaIi
describes the fUst group as l111'.!assiru-,,/ exegetes and the second as upilists,6I saying that the
upl7i.rts define nasleh tqU71 "in the sense of 'replacing one legal ruling with another due ro the
tennination of the effective petiod of the earlier ruling'," while the exegetes define 11/lSkh
tI.1jifn by extending the Ilpl/ists' conception to embody other measurcs. These include
"specification, exception, abandoning a legal rule because circumstances bave changed, and
mutual cancellation." 69
Historically speaking, according ta Zayd, Muslim scbolars did not define
nas/eh separately until the beginning of the fourth centu!y of the Muslim calendar. He insists
that l'aban (d. 310 A.H./921 A.D.) in his fimi' a/-B'rjn 'fl1I Ta''IIIli Ayai-Qurin was the first
to define nasleh in an exegetical sense.
7D
Ab 'Abd b. Aqmad Ibn 31-
65 Ab 'Ubayd al-Qisim ibn saIlim, a/-Nsikh 1lJt1 a/-Mtl1lsiiJdJ fi a1Qur'in aI- DIQ Mi/ihi
mi" aJ-PIZTiit/ll'tl a/-SlDIIJn (RiyiQ: Maktaba al-Rushd, 1990), pp. 53-4.
66 Munati Zayd, aJ-NllSkIJ, pp. 75-6.
67 ThieL, p. 55.
61 Ibnal-'Ati'iqi. fJi-NslkIJ 1I1f1 a/-Mf11IS1, p. 7.
69 Powets, Exegetial Gcme," p. 122
70 Tabasi de6nes it as foDows: CC mere is no naJikb/abrogating from any verse of the
or tepotts from the Prophet except what refutes an est2blished ruling in which WorshipefS
ale obliged, without ting its literai and esoteric memings, ID take inta account other than mat Ifif

26
(c. 320 A.H./932 A.D.), mentions three definitions of naskh recognized in bis rime;
1) /xrYan intiha' nmddat ai-'iba{Jg (the explanation of the terminarion of the period of the
effectiveness of worship); 2) inqirja al-'ihidah aUoil tihara hi al-dawim (explanation of
terminating a worship whose literai word was etemal); and 3) raf al-f;1Ikm bo'do thubuihi
(eliminating a ruling after its establishment).71 Zayd considers these definitions ta
be insufficiendy logical, having been coined by e.xegetes and traditionisCS."2 From the fourth
century onwards, however, the definition of naskh tended ta fall within the scope of the
'llplist definition.
13
b. Conditions for Naslcb
Ibn al-Jawz1 sets five conditions for which nfJskh must apply in arder ta operate. The
6.rst is that the rulitlg in the nirikh and the 11/Q1Im7eh must be contnldietary, i.e., that it must be
impossible for it ta be aperative in both. In other words, the ruling of the 1trikh bas to
abroga the ruling of the monskh. The second condition is that the ruling of the moltSU7eh
must be established before deterrnining the ruIing of the niskiJ. 1bis condition cao be
detem1ned by cither of twa methods: linguistic or historical analysis. The linguistic approach
takes as its basis the language afthe Qur'in or the Sun1lll, as in Q. 8: 66 and Q. 2: 187, or the
includes other tbat that -from which it is meant as istilh/lll-' (exception), ex khupi; (particular) and
'II1M (generaI), or 11J19111al (summarized) and nnifossir (mterpretabon)-, those then all induded ta al-
oisikh wa al-maOlpkh with segregation .... There is no nttmsiiJeh except when its mling bas been
establishecL
u
See, Zayd, tJiNoskh, pp. 78-9.
11 Ibid, pp. 79-80.
12 Ibid. , pp. 78-80.
7J Zayd traces this development up ta the late ninth century of the Islamic caIendar.
Ibid., pp. 80-4.

27
report From Muslim on the saying of the Prophet, 'tr prohihited you From visiting to the
grave, but QOW you can do 50." The other way is by tracing the ci.rcumstances of revelation
or Sunna. Thus, when there are two contradietory tulings which cannat both be applied
e..'Ccepr by abrogating one of them, one has to establish which is the nisileh and which the
1I1Q1fS1/JUJ by examining the formel: and the later in terms of ruling or wording (al-ta'akhle.J:nn.
The third condition is that the ruling of the mtmS1kh has to be i.e., obligatory on the
basis of the shana, while the fourth condition is essentially the same, though in reference ta
the nisikh. The final condition demands that the nisikh be established in a similar or better
way chan mat in which the mallskh was established.
7
"
c. Modes of Naskh
According to Makki, among the three potential meanings of the term nas/eh, i.e.,
ab!a/a, and naqala, the last of these, which is 1lt1f1/, is not applicable to the
Qur'an, due to the fact mat ies verses do not transcribe one another.
7S
Refemng to Na1}4s/
6
MakKi argues that no verse is abrogated by a similar verse; nasleh is only operative in the
senS of the first and second meanings (abrogale and n:plaa) which is confirmed in bis
statement, iZiltrt a/-QuM IlIQ ibqJ a/-/af1. (abrogation of the ruling, and continuance of the
wording).17 This mode of IIflSkh is commonly known te other autherities as nas/eh al-!Jukm
i4 Ibn al-J1wzi, NIZIlIisiIeh, pp. 234.
75 Makk, al-.da7), p.47.
76 Ibid.
77 Ibid., pp. 47-8.

28
duta ai-tiJawa (abrogation of the ruling, but not of the wording),75 the most common fotm of
abrogation in the discourse of the genre. A case in point the '/do "waiting period imposed
by God upon widows before expiq of which they may not legally contract a valid second
mamage" refers to Q. 2:234, which is abrogated by Q. 2: 240.
79
Two other modes are naskh
wa al-tiltiwa (abrogation of bath mling and wording),lIO and 1IfJskh al-titawa dJi1lfJ ai-/pIkm
(abrogation of the wording but not of the ruIiorJ.ll The common example for the fonner
mode is where Anas ibn Milik (d. 92 A.H./720 A.D.) is said to have "related that during the
lifetime of M\}ammad, the believers used to recite a szra equal in lengtb to siira 9
('Repentance'), but that: he could only remember one verse from this sira, namely, 1f the son
of Adam had two valleys made of silver...."c The most famous example of the latter mode
of abrogation is verse', which, according ta CUmar, read as follows: 'The adult
male and the adult female, when they fomicate, stone them outright, as an exemplary
punishment from God Gad is mighty wise'.,,13
d. Types of NasJch
There are four types of naskh. First there is naskh al-Qur'in bi al-QJlr'in (abrogating
the Qu'in by the Qur'an), as in the vene on i'tifitid (period of waiting), which is set as al-
il Ibn al-Jawn defines it as mi fflISikJxJ rQS/N1lhll1lQ bfJqfya rasmufJlI. Ibn NtzatisiJUJ, p.
38.
79 See
J
Button, Thf SmmtS, pp. 56-7.
10 Ibn al-Jan defines it as ma1I1ISifJ rtJ.S1lnliJII1WI Ibn al-JawziJ NtmIlisik.h, p. 33.
81 Ibn al-Jawzi de6nes it as m,lIISik.hfJ raDH1Ihllll'tl boqfytr /Plknmlm. Ibid, p. 35.
S2 Powers, 'cne Exegetic21 GenrCy" p. 125.
13 Ibid; Burton refers the stoning verses in Q. 4: 15-6. Button, The SfJ1II'CtS, pp. 122-3.

29
hQIIllone year in one place (Q. 2: 240) but i5 abrogated in another where it is specified as
four months and ten days (Q. 2: 234).14
Second, there is 1fiJSkIJ alQur'Qn bi al-Sunna (abrogating the Qur'an by the SzmNl). This
in itself is comprised of!Wo sub-principles: naskh al-Qu,-J';" bi al-Sunna al-A!;idi.YJa (abrogating
the Qur'an by a solitary ttadition) and nasleh al-Qur'a1l hi al-Sunna aJ.M1'mla/ira (abrogating the
Qur'an by a SJlIl1tO reported on the basis of multiply transmitted reports). of the
authorities do not accept the tirst type because a lfatllth .AJ;ad is based not on cettainty but
rather on probability. And abrogating a Qur'inic ruling on the basis of probable evidence is
not valideas
On the other hand, Muslim authorities have views regarding the second
sub-principle, naskh alQllr'in hi al-Sunna al-Mu!tJJa/ira. Muqammad Ibriliim 'Abd Raqma
n
Fans, the editor of Shu'lah's Jajwa/ ai-RaStkh ft1/m alMansiikh 1l/a al-Nisikh, mentions that
Malik (d. 179 A.H./795 A.D.), Ab 1:Iariifa (d. 150 A.H./765 A.D.) and A1}mad ibn l:Ianbal
(d. 241 A.H./855 A.D.) accepted this principle. As far as l have been able to detemne,
however, A1}mad ibn l:Ia:nbal did not in fact accept it. On the contIal:y, Ibn f.Ianbal bas two
reports quoted by 'Ali ibn 'Ubayd All3b, the teacher of Ibn al-JawZi, explaining mat Muslim
authorities in !bis case were divided ioto two camps: the first accepted it and the second did
nat.86 Ibn 1:fanbal himself, according to Ibn al-Jawz1, belonged to the second camp, and not
the &st, as Fins daims. In this report, Ibn I:Ianbal reports that Milik and Ab
accepted this principle, arguing that the Prophec is protected by Gad (Q. 53: 3-4), and that
114 Shu'lah, St.tfa't1l a/-&i.riJUJ, p. 44. Ab quotes Ibn 'AbbasJs report an tbis
information. See, Ab CUhayd, al-Nt.rikh, p. 129.
as Shu1ah, Safwat a/-&isikh, p. 44; Ibn al-Jawii, NtmJtisiJ:h, p. 27.
116 Ibid., pp. 25-6.

30
the task of the Prophet is ta explain God's messages (Q. 16: 44).17 OrigioaUy, since nas/eh
the extent ta which a man.riiJeh is effective, men a verse can be abragated by a Szmna.
A case in point is verse Q. 2: 180: a/-wap)ya li al-wQjidayll (bequest in favor of one's parents),
which i5 abrogated by the Sunna injunction, 10 I1IQ!!Jya/(J li 1ZIa-'ith (the inheritor does not
receive a bequest).11
The second camp bases its rejectioo of this principle 00 the fact that MSikh and
I1IfJNszikh sbauld be of equal status or better, as may be inferted from Q. 2: 106.
19
Moreover, Daraqupii (d. 385 A.H./995 A.D.) i5 said to have quoted a fJadith from jabir Ibn
'Abd A.Uah (d. 78 A.H./697 A.D.) according ta which the Prophet said, "My saying does not
abrogate the Qur'an, the verses of the Qur'an abrogate each other.,,90 In chis camp may be
numbcred Shafi'i, Sufyan ibn SaZ"ld ibn Marzq al-Thawli (d. 161 A.H./778 A.D.), and Ibn
f:lanbal (accordiog to Ibn al-Jawz1).91 Furtbennore, Ibn al-J3W prefers this group bccause
the e.xplanation of the other group faIls under the heading of of the Qur'in and
not naskh. He asserts bis opinion br quoting a report from Ibn f;Ianbal, ((the S1I1Intl interprets
the Qur'an, while the Qur'an does not abrogate except the Qur'in,n and another from
ShifiZ"l, saying that "in faet, the Book abrogates the Book, and the Sunna is not the abrogation
of it (the Book)."92
17 Ibid.
sa Ibid., p. 26.
&9 Ibid.; Sbu'lah, S'!fwal aIR4siIeh, p. 44.
')0 Ibn al-Jaw, NlZfIJisikh. p. 25-6.
91 Ibid.
92 Ibid., p. 26.

31
The third kind of llas/eJJ, i.e., naskh alSull1ltl hi al-Qur'an (abrogating the SU1UIQ by the
Qur'an), was, like the pactice of facing ai-BtrJ1 al-M1Vjaddas in prayer, established by Sun1ltl.
Thus Q. 2: 144, abrogated this tradition. Most Muslim authorities accept this kind of naskh.
93
Finally, the last kind is narkh a/-Sun1UJ hi al-SulI1Zt1 (abrogating the SU1l1fQ by the SU1l1la).
It is constituted of four kinds; 1UIS1eh al-11IUlawati, hi al-lllUtawiJi, (abrogating a multiply
transmitted report by a multiply transmitted report), IlIJSkh al-aJ;ad bi a l ~ d (abrogating a
solitary tradition by another solitary tradition), naskh a/-a!;ad !Ji aJ-11111taz11iti, (abrogating a
solitary tradition by a multiply transmitted report), and nas1eJJ al-11II1tawa'ir hi al-a;ad
(abrogating a multiply tIansmitted report by a solio.ry tradition). Most authorities accept the
first three, but disagree over the last.94
93 Shu1ah, SrJ.f7wt a/-Rsikh, p. # .
ou Ibid., pp. 44-5.

32
CHAPTERII
SHAFI'I TIiETIiEORYOF NASKH
This chapter dea1s with the ongins of llOSkh up to Shifil'j,'s rime, his ba.ckground and
his own construction of the theox:y of 11IJskh. In the fu:st pa.r4 we will tntce the genesis of
l1a.skh, surveying its early deve1opment. In the second p:1rt, we will provide a brief account of
Shah")'s lite, teachers, students, works and thought. Finally, we will examine Shi.fl)'s
construction of 11IJ.sk.h and attempt to assess if. Here, "'l will discuss the tirst part From TWo
perspectlves: phenomenon and theory. In relation to phenomenon, we will discuss two
points: Shifi'),'s llcceptance for 1IIlskh existence md its importance. As rega.rds to theory, we
will discuss tt from perspective, following IDS steps in discussing ll/lskh. In the la.st
part, we will assess the construction of ShafitL's concept of no.rkh in context.
A. NASKH: ITS GENESIS {JP TO sHAFI''s TIME
Naskh, which may he defmed as a. suo-science of 'ft/Hm alQNr'i1l, developed
synchronically and diachronica.lly with other Islamic sciences, particuhtrly those dealing with
exegesis. Tbis may be seen for example in the relation between noskh and asba7J 01-
for whether it is used in 'Niiim ol-Q'Hr'in or UfHl alfiqh, ,lOSkh depends on a. kno'wledge
of which verse was sent earlier and which one rater - a knowledge which is to be gained
from the circumstances of revela.tion (asbah
1 PoV/ets, :'The Exegetical Gem:e," p. 119; Rippin, ;'The Qut'nic .Asbib al-Nuzl MateIial:
an Analysis of its Use and Development in E.xeges? (PhD. dissertation, McGill UnVeISity: 1981).
In this case, Rippin goes fuItheJ:, saying mat !lQ.!I-.h is based maIe on logic man on c:hIonology. He
cites the cases of winc drinking and the diIection ofprayet as examples.

33
With the pasSolge of rime and the rapid increa.se in its territory:md the number of its
adherents, Islam evolved in response ta the demands of the age --adapting, absorbing and
developing its doctrinal content. The Companions of the Prophet .md their Successors
a.tteropted to establish practices which accorded with teaching md the traditions of
Nru1}arnmad.:1 The EXegetes developed the sciences, including 1I/JSkh, by tracing
incidents from the Qur'an and the traditions, as weil as from the theories of their
contemporanes. One e.'Cample from the is the change of the direction of pr:tyer from
al-Bayt al-rv[aqdis in Jerosalem ta the in N[ecCa, based on Qa.tida-'s conclusion th.lt Q.
2: 115 is abrogated by Q. 2: 144.
3
Simila.rly, the change of the law of prohibiting visitation of
the graves W1lS effected by the abrogation of the same Slf11ll'/
In the period of the Companions of the Prophet l,{l1ammad, the concept of llO.skh
l!1 'Hilfm al-QlIran had not yet been fu11y developed Rather, this period saw the Emergence of
a more primitive 11IlSkh, which seemed to ;'have arisen in response ta the need for [econciling
'X..ha.t appe!U:ed ta the early MusWns a.s seeming contradictions within the body of legal verses
in the Quran."s The Companions are reported ta have paid a grea.t attention ta the problem
of lItlSkh. Schows for instance [efer ta the stacy of 'Ali b. AOi T".lib, the fourth caliph, who
2 'Ali :lFI-Jaskh, p. 25.
;; J:{atim $liq. al-Qamin, Kitdb af-tlafi;.h wa af-MaTr_rHiP.h fi A.lih Ta'iG 'tJT! Qat.idah ib7!
Di'ima tIi-sadiii (Beitut Mu-'assasat al-RisaIa, 1985), p. 32.
4 Button, The p. 3.
S Hallaq, A HiJtory, pp. 8-9.

34
expelled a Follower from the masque in Kfa because he gave an expianation of a passage
from the in complete ignorance of naskh. 6
The Companions, Successors and the latter's Followers (l't:i"bi'in and Tali' al- Ta7Ji![,I)
all contributed to constrllcting the science. 'Ali singles out three Muslim scholars
7
who wrote on the subjeet. Only one of theit works has survived, i.e., Qatada ibn Di'ama al-
Sadsl's composition al-Nd"Jileh 11/(,1 al-MlDIsiikh ft Kita""b AIIa7.J Ta'ilO.
8
Ibn Salama (d. 410
A.I-I/119 A.D.) and Makki quoted the treatise in many passages in their books.
9
The
version of Qatida's treatise on which they relied \Vas the recension of Sald ibn Ab"i 'Urba
(d. 156 A.H/773 A.D), while 03min has edited the version handed clown from the
transmitter Hamam ibn Yal}.yi Although 'Uruba's version has not reached us in full,
according ta Qamm, it can be Seetl from the fragments preserved by Muslims scholars such
as Ibn salima, Makki, Ibn F:Ianbal, Zarlush1, ctc., that they do not essentially contradiet Ibn
Yaqya's version.
IG
Qatada's treatise does not attempt any conceptualization of nasleh; nor does it
illusttate the discussion with definitioos of lIas/eh, its origins, or its scope. It does nothing
6 PawetS'I Exegetial p. 124. He quotes the staty from Ibn Salima.. al-Na4l1is
and Ibn al-cAti'iq"i; Rippin, cCal_Zuh,n p. 28; Ab 'Ubayd, aJ-Nisikh
i
p. 4; Ibn al-'Ati'iql, aJ-NOsikh 1l'a
aJ-Ma,uJ:h, p. 22.
7 Qimin inserts anather name, ibn Muslim (d. 115 A.H./733 A.D.). Q3min, Silsilat aL
KHtztb, p. 10.
l 'Ali a/-NtlSkh, pp. 25-6. They are Ab al-F:lajjij Mujihd ibn known as
Mujhid (d. 103 A.H./721 A.D.), Ab 'Abd ADih al-BubaO, knawn as 'Tkrimah (d. 107 A.H./725
A.D.), and Qatidah ibn Di.'ima al-SadSi (d. 117 or 118 A.H./735 OT 736 A.D.).
9 Qimin finds that Ibn salima quotes it in bis aLNisikh 1l'fJ on pages 137, 155,
157, 181, 182-183,219,232, wbile Makk quates in pages 119, 127, 131, 134, 171, 195,232,243,255,
259, 263,330,370, and 378. Al-Qimin.. Si/silat a/-KmJib, p. 23.
lO Qimin, Silsilat aL-Kamb, pp. 21-3.

3S
more than fumish instances of the abrogating and abrogated ve%Ses of the Qur'in. Qatida
cites instances of naskh in 17 .riiras (chapters) with a grand total of -by my calculation- 35
cases.
U
Eveq case is discussed simply and briefly, stating that a given verse is abrogated by
morner verse, such as in the case of the waiting time before a divorced wife can man:y,
where Q. 2: 228 is abrogated by Q. 33: 49. U In addition, the treatise pcovides an accounting
of the division of the Qur'an's 'V'erses into madan;(revea1ed in Madina) and mow(revealed in
Mecca).13
The real construction of nl1s/eh began in the second century Hijn. From this century
onward, there were many treatises produced on 1f/JS1eh, of wbicb only a few have survived ta
this day. 'Ali mentions the writings of seven scholars who wrote on the topic; of
which only one bas reached us, i.e., Zuhn's a/.Nisi!eJJ 11/(1 a/_Mansu7eh.
1S
In bis "al-Zuhn,
Naskh al-Qur'in and the Problem of Early Tajslr/' Rippin edits and analyzes the work, using
a litenryhistorical approach.
16
He himself acknowledges that the treatise is "the earliest
11 11 cases in Q.2; 4 in Q. 4: 3 in Q. 5i 1 in Q. 6; 2 in Q. 8; 1 in Q. 9; 1 in Q. 16; 2 in Q. 17;
lin Q. 29; 1 in Q. 45; 1 in Q. 46i 1 in Q. 47; 1 in Q. 58; 1 in Q. 59; 1 in Q. 60; and 2 in Q. 73. I;>min,
SilIi/oi fJl-KJI/1/b, pp. 31-51.
1: r;>inUn, Silriht ai-1VIlJlb, p. 34.
u I;>min, Si/silot a/-KzitJlb, pp.52-3. The Matit.zNi chaptetS are al-Baqan., Ali cr.mrin, al-Nisi'.
al-Mi'ida, al-An51, al-I:hjr, aleNtir, al-Abzib, Muammad, al-Fatl1-, al
t:Iujura't, and al-I:fadid, wbile the rest of the verses are MoJeE.
14 Al-Zuhi, Ibn Abi CUmba., ibn Muslim ibn Maysara al-Hurisrii (d. 135 A.H./753
AD.), Ab al-N* M\)amm2d ibn al-sitb ibn Bashr al-Kallii (d. 146 A.H./763 A.D.), Ab al-Fjasan
Muqitil ibn Sulaymin ibn Bishr al-Balldi (d. 150 AR./767 A.D.), Ab 'Ali al-Fjusayn ibn Wiqid al-
MarwaZi (d. 159 AR./776 A.D.), and 'Abd ibn Zayd ibn AsWn (ci. 182 A.H./798 A.D.).
See 'Ali aJ-Narkh, p. 26.
LS This treatise is preserved in Dir al-Kutub Ibid.
16 Sec, Rippin. ccal_Zubn":'lI pp. 22-43.

36
known systematic treatment of the 'UIS/eh phenomenon.,,17 The treatise presents infonnation
in a variety of ways, ranging from a "simple juxtaposition of verses to fairly careful
elaboration."IB It hegins by stressing the importance of mastering the subject of ffaskh and
then goes on to list instances of abrogating and abrogated verses, following the order of the
niras, and then concludes with a closing statement.
1
? As in Qatida's treatise, Zuh's
concentrates on legal like the direction of prayer, changes to the law on consuming
alcoholic drinks, the law on fasting, etc.
In the third century, the discoU1'Se on lIas!eh entered a new stage, where there was an
attempt to systematize the genre. 'Ali mentions twe1ve scholars as baving been
involved in this effort,21 [wo of them being Shafi'i and Ab 'Ubayd al-Qasim ibn sallim al-
Harawl (d. 224 A.H./839 A.D.). The former will be discussed in the following sub-chapter,
50 WC will therefore COQcentrnte instead on Ab 'Ubayd, autbor of a treatise entided al-
Nisi/eh 11/a alMall.r1i7ehft al-Qrn-'in al-'A:iz ilia Mifthi min ai-Fan1it,j 11/0 01-5111um. This work has
17 Powers. cCAb 'Ubald al-Qisim b. Sallm's Kitib al-Nisikh wa ed. John
Burton (E.J. W. Gibb Memorial Q.S. 30) (Cambridge: Trustees of the E.J. W. Gibb Memorial
Trust, 1987), pp. xv, 192. Book review in Sp,ruhoN 65 (Oa. 1990), pp. 933-4.
18 Rippin, ccal-Zuh," p. 39.
19 Ibid., pp. 27-36.
10 Ibid.
n They are ShifiZ"l, Ab 'Abd al-Wahba ibn (d. 204 A.H./819 AD.), Ab
ibn (d. 206 A.H./821 AD.), Ab 'Ubayd, Ab
F:Iasan ibn 'Ali Thn Fa4Qi1 al-Kl (d. 224 A.H./839 AD.), MuJ,ammad ibn Sa'ad al-'0fi (d. 230
A.H./845 AD.), Ja'Eu ibn Mubashshir or Bashar ibn A1)mad al-Tbaqaii (d. 235 A.H./850 AD.), al-
MarwUi (d. 236 A..H./851 AD.), Ibn Ab Dad Sulaymn ibn al-Ash'ath al-Sijistim (d. 275
A.H./888 A.D.), Ab Isl)aq Ibtihn ibn Isqiq al-f.{ub (d. 285 AH./898 A.D.), and Ab Muslim
Ibtihimibn cAbd .Allih ibn Muslim ibn Mi'iz al-Kaji (d. 292 AH./905 AD.). 'Ali MuspUi, a/Naskb,
p.27.

37
been ewted and studied by both Burton
n
and al-Mudayfar. 13 As may be seen From the title
of the treatise, Ab 'Ubaydts work deals with naskh in both the Qur'in and Sunna. The book
is divided into two parts, the 6.rst dealing with the meani.ng and the importance of naskh, the
second exploring nasleh in the light of twenty-nine aspects ofjiqh, following the traditional
arder of books in this field beginning with. ending with al-'amr hi al-mo/ri!wa al-nahy 'an
a/-munkcrr. The latter feature in particular distinguishes the \Vork from others which are
organi2ed according to the order of the chapters in the Qur'an. Ab 'Ubayd also follows the
traditional style of scholarship in the Muslim world, that s, he bases his explanations on
authority. When he looks at a particular topic, for example, he explains it by referring
hierarchically ta the Prophet, the Companions, the Followers
t
bis own contemporaries, and
lasciy himself. The main sources used are the Qur'an, the SlInna/fJadiih, and the opinions of
the Companions and Followers?'
Like other authors on the subject, Ab 'Ubayd also mentions the story of 'AIits
prohlbition against the teacl1ing of Islamic doctrine by those who do not posses a knowledge
:!2 Button,AIn UherJd. Ths tttatise is preses:ved in manuscript in Istanbul
fi, A 14-3). It wu tst reccmied by F.E. Karatay in bis Topleopi StlT''!Ji Kii/iiphanui Arabfa
Kata/ogJl, v. 1 (Kuran ilimleri tafsirler, 1962), pp. 591-2 Neither Brocke1ma
nn
nor Sezgin
mentions this trcatSe.
Ab 't,Jbayd, Q/.Nisileh. Nowhere in its pages, however, does al-Mudayfar refer ta Burton's
AbiVbaid.
24 AI-Mucb.y&r, the editar of the ueatise, identifies five procedures or techniques in Ab
C(joayd's approach: 6xst using the chain of authority; second, breing down the themes into IsIamic
substantive Iaw themes; third, in discussing a problem, the refers to many other opinions,
deciding which one is
t
according ta him, the soWldest opinion (a method in 1a.tge measure is similar
dut ofTabatits); fourth, taking the undemandiog of IlIlSkh of the ah! Salaf(the eadiest geneutiou of
Muslim scholars); expanding the discussion of nasleh to the area of the S1I1I1lIL Ab CUbayd, "al-
Qism al-Awwal min al-Kitib," in a/-NanlUJ, pp. 46-7.

38
of naskh, a remark designed ta show the importance of the genre.
2S
The author continues bis
discussion of the teml nQsleh in the Qur'an by referring ta what bis predecessotS have said.
He refers to the tean I}ikma in Q. 2: 269, the use of muhkam as al-nan"kh and mutashaDiho as a/-
fflQflj7tkh in Q. 3: 7, the cerro Itaskh in Q. 2: 106, and the verbyaml}ziin Q. 13: 39 to anchor the
genre in the field of Qur'anic studies. These verses are discussed from the point of view of
variants in reading and interpretation. For e.xample, in addressing Q. 2: 106, Ab 'Ubayd
e..xplores the meaning of the sentences containing !IOltsakh and nttnsiha. Ibn 'Abbis for
instance intetprets the sentence 111anansakh min as ma Itubaddil milt 0'0, while 'Afi' ibn AOi
Rabaq interprets it as ma nuttf/a min Ibn 'Abbas reads lIunsiha, in the sense of
natnlk:Jha whereas ibn Ab! Rabi4 reads it as nansa'h,i meaning as nuakhintha. Anather
reading is RIa nansa'ha, II1Jnsiha, /onsaha, and ntlllsakfJa. Ab 'Ubayd agrees with Ibn 'Abbas's
reading, whereby I1Ia nli1lsihimeans N!yO-"/ forger. Ul
As regards the mode of nmkh, Ab 'Ubayd believes mat this occurs in the Qur'an
and Sunna in three modes.:!7 Of the three, he ooly clearly defines two: naskh a/-l;llkm rJno 0/-
2S He quotes two traditions. amsmitted by 'Ali ibn 'Abd al_cAm ibn al-Matzubn ibn Sibr
al-Baghdidi, a.nd 'Abd al-IW,.min ibn Mahdi. Ab 'Ubayd, pp. 4-5.
Ibid.
y
pp. 6-14.
I7 The first is NasleiJ ai-Q1IT'm, mintmi.JO'mal bibi (abrogation of the Qur'in from within its
veaes); it is a1so known as the foanula 1I4SldJ a/-lJuiuIt &1111 al-ti/QaJa (abrogation of the ruling and not
the wording). This 1IlZSJJ is grounded in Q. 2: 106, for which Ab 'Ubayd refers to the intetpreutions
of Ibn 'Abbs and Mujahid (Ibn cAbbis's Ibdi/ al4yai lNaMIIQ al4yaJy IIJ.IliJ al-khaI! ai-iyoJ 1Wl
I4bJi/ hllkmal-iya/J. The second, 411 tmft1'a dl-iyat af.l1Itl11S1lkIJa !Ja'/a ntiR qu/M7J
al-Rijtil wtI min linI/nil ai-khog (the abrogad verse should he e1jmjmted a&et the revelation of the
abrogating verse, 50 the ruling and the wording become free From the memory of the people
LMuslimsD, is known as the foanu1a lIas/) al-li/4sJa Ml a/-IjuJ:m (abrogation of the ruling and the
wording). Ab 'Ubayd supplies Ibn Shihib al-Zuhri's story on the Companions who forgot one
chapr of the Quran which they had leamed by heart before. The third mode is not c1e:u1y stated by
Ab 'Ubayd. It is probably, that NJSkh which me3tlS NJIlI Iike in the Aabic usage: lIasakhbt a/-
kiJtJD lIIIIlafbJJlI, is the third mode. In other authorities this is included in the foanuJa 1IQSJJ aJtiJ4lw

39
ti/iiwa and narkh a/-lJukm 11Itl a/-ti/awtl. The third mode, nasleh tll-til4wtl tli-lJukm, would
appear to be less frequent in the genre. This may e..'lCplain why Ab 'Ubayd does give
consideration to Ibn 'Abbis's discussion of Q. 45: 29 on Ibn Jabir's explanation of Q. 21:
105 as part of 'ibn tll-naskh. Neither of the editors of the treatise, Burton
Zi
and al-Mudayfar,29
moreover, observes any significandy new contributions to the genre in this work, e.."(cept
perhaps for the auangement of subjeets according to the traditional order offtqh works.
Was Ab 'Ubayd in any way conneeted with Sh'ifiZi? Ibn al-Mudayfar considers
ShifiZi to have been one of Ab 'lJbayd's mastets. In support of tbis view he quotes Subk1's
Tab(J(ja al-Shft7where it is said that Ab 'Ubayd leamed jiqh from Shifi'i. But he was aise
critical efShafi'i. Subl reperred that there was a debate between ShifiZi and Abu 'Ubayd on
the subjeet of al-qar), as to whether it is 1J'!J4 or not. Shifili consideted it ta be 1}t:rJ4, while
Ab CUbayd saw it as fahr, a position fUlally accepted by Shafi'i. But al-Muqayfar does not say
whether Ab 'Ubayd aetually quetes Shifi'i's opinions in bis al-Nisikh 11Ia al-ManszikIJ or
ti1na Q/hlllult (abrogation of the wording and not the tuIing). But Ab 'Ubayd does net define the
third mode. Ibid, pp. 14-7.
:!II Burton infers that Ab 'Ubayd conttibuted only a smallltJfiir to the genre. This "1eft him
somewhat non-plussed, and he ta pass on rapidly to 'the geo.eally cognized phenomenon
of the SiIUJ and the mansiiJUJ of the Qur'in. In other naskh bad already achieved an accepted
definition in common with 'every one else of bis geneation, being content with mat Ab
'Ubayd had little intetest in alternative definitions.
u
Abi vhtgd, p. 64.
Z9 Al-Mudayfar considetS that Ab accepted the common comprehension of naskh
among in eady Islam, wheby il Wti understood as a foan of know1edge mat cavetS not oaly
nasle.h, but aIso IIJkiJil! al-!Ilftl. a/_
c
g,Jl11J, ul-istithn4', targid a/-nnfJ/aq, and ItJlrfl1l a/-lIINjnltl/, etc. For example,
when he discusses the Q. 2: 187 on boundaries in the cime of .siy8, after mentioning sevetal
t:a.ditions and reports he says simply mat these are included ta the discussion of flfJSkIJ. In &et, these
f{.IJI/idJs ue mo appropmte ta the interptation of the verse. Ab 'Ubayd, tJi-Nisikh, p.42

40
not.30 On the other hand, Burton daims that Ab 'Ubayd was unaware of ShifiZl.'s ideas on
the subjeet, based on the faet he makes no quotations or references to the latter.J1
As far as the position of the treatise in the history of the gente is coacemed, al-
Mudayfar does Dot venture any cleu opinion. He ooly notes that there was an earlier treatise
that has come down to us, aamely, a/-Nisi/eh wa a/-Manmkh by Qatada ibn Di'ima al-Sadsl
(d. 117/118 A.H/735/736 A.D.).32 Burton goes further, painting out that it is the earliest
systematic treatise on 1IIJ,rkJJ yet discovered In his review of Burton's Abi Vb'rJd, Powers
criticizes this conclusion, oeting that it 15 no longer valid since the appeataOce of Rippin's
article on al-Zuhri in 1990. That Zuhn died in 124 A.H./742 A.D. is significant, for 'tif the
attribution 15 correct, Zuhri's text would be the earliest known systematic treatment of the
naskh phenemenon," Powers says.
B. BACKGROUND
1. liCe and Education
Mul}ammad ibn IW:is (d. 204 A.H./820 A.D.) is one of the most important
early figures in the construeton of Islamic jurisprudence. J4 Shifi'i was a prolific author of
JO Ab 'Ubayd, "al-Qismal-Awvr. min al-Kitib,u in a/-NasiJeJ1, p. 32
31 Aln Vbtgd, p. 25.
32 As expbined above, this wo bas been edited by fJitimSilil} Qimin.
13 Powers, cCOn the Abrogation of the Bequest Verses,"SptadNtl/ 65 (1990), p. 934.
}4 Hallaq, 'Wu al-Sha6)", pp. 587-8; E. Chaumont, "al-nlifi'i," EP, vol. 9, p. 181;
ed. 'CS"u:at al-Imam MUQammad ibn lds wa cAsruh," in tJl-UI1I11I, voL 1
(Beirut: Dir al-Kutub al-crImiyya, 1993), p. 14; Mw,ammad Ibn Alpnad Ibn 'Abd al-Hidi (d. 744
A.H/1343 AD.) - known as Ibn Qadima, Mamitpb af.A'Jmla a/-Arba'fl R4!#Jt1 Allah 'Anlmm, ed.
SuIaymin Muslimal-l;arsh (n.p.: Dir al-Mu'ayyad li al-Nasm wa al-TawzC, 1416 A.H./1996 A.D.), p.
101.

41
wocks on jiqh, lf.adlth, aJ;km a/Qur'ill and poetry. It is said that Shifi'i was bom in 150
A.H./767 A.D., either in Ghazza (a town in the countryside of southem Palestine) or
'Asqalin (a town on the southem coast of Palestine, or as some sources suggest, in the
Yemen). Mafa!J argues chat since Ghazza and 'Asaqa1an were contiguous, it 15 possible chat
Shi6.l was bom in Gbazza, and as a young boy mgrated to 'Asqalin.
J5
His family descended
from the Ban Hisbim, the dan of the Prophet.J6 However, there is very little information
about his parents: bis father, Idos, died when he was ten, after which event bis mother,
took eare of him. on ber own. In fact ms mother's role was significant, in that it
seems as though sbe was the one who urged the young Shifi'i to study.J7 She is said ta have
had brought him ta Mecca by the rime he was ten years old,3I where he was iotroduced ioto
a milieu where he had contact with the great Muslim scholars in f:Iadlth, law, and philology.
He soon became up in this intellectual and was initially attraeted to poetty
and, in particu1ar, archery. He went for instaDce ta Badya where there lived members of the
clan of Hudhayl, a tribe of northem 39 distinguished for theu linguistie eloquence, in
oroer to increase bis proficiency in the Arabie language. Praise has bem bestowed on his
36 His &mer was the son of a distant relative of the Prophet, bis mother WOlS aIso
said ta have been re1ad ta a dixect descendent of 'Ali b. Ali ralib, the cousin and son-in-law of the
Prophet. Ibid, pp. 15-16; Chaumont, ccal-5bifi"l," p. 181; Ibn Qadama, Ma1lllqzb, pp. 101-6; Majid
Khadduri, "Shifi), al:' in Mm:ea Eliade, ed. ER, voL 13 (New York: Macmi1lan Publishing
Company, 1987), p. 195.
37 Shifirl, III Quut aIKnDWletlgl, ttans. Abu Asad (Lahore: Islamic Publications Lm., 1979), pp.
1-5.
39 Chaumont, ccal.Shifi"l," p. 181.

42
proficiency in Arabie in a collection of poems, called fihi1J which has survived to our day.40
It is aIso said that he composed "a treatise 00 acchery, an ext!act from which was to be
produced in a section of the lGtib QI-
Geographically speaking, Shifill's quest for knowledge was largely confined to the
Ijijiz, Iraq, Yemen and Egypt. In the F:lijaz, he studied in Mecca and Medina, where he
leamed FfadIth and jiqh (Islamic law).42 He in fact resided in Mecca for at least tV/o periods:
the fust was From his childhood until the death of bis master MiIik, in 179 A.H./795 A.D.;
while the second, of about aine years
J
duratioo, came after his first visit to Iraq. He visited
Iraq about three rimes. The flISt visit lasted about two YeatS, and aIlowed him ta acquaint
himself \Vith the tradition of lraqi fiqh, and particularly with the thought of one of the
disciples of Ab f:lanifa, i.e., ibn al-l:Iasan al-Shayb3iii (d. 189 A.H./804 A.D.).
The second visit was aIso about !wo years in length, and was marked by debates wth local
scholan, wbose questions he answered confidently. This was moreover the period in which
he began ta write clown his thoughts. His final visit to Iraq lasted only a few months, during
which rime he met with Alpnad ibn 43
-10 Ibid., p. 181.
41 Ibid.
42 In studied jiqh, for enmp1e, under Muslim b. Khilid (d. 180
A:H./796 A.D.), a gteat schoJar of Isbmic law, and it wu he who convinced ta tum bis
attention to this subjea. He also learned F;IaJiJh from prominent schoWs such as Sa)d ibn silim al-
Qaddil)., Dad Ab Sulaymin al-Makl (d. 175 A.H./791 AD.), 'Abd al-Ma11d ibn 'Abd A.ziz
al-Azd (d. 186 A.H./802 A.D.), and Sufyin ibn 'Uyayna (d. 198 AH./ 814 A.D.). In Madina, wbile
studying under Milik ibn Anas, he le2med the 1JJdJ and fi'l1J contained in bis tna5tel:'S work
.\fmva!.la' fat a period of about ten years. See, ibid., p. 182; and "S-uat,u pp. 18-20.
43 Ibid. pp. 24-6; Chaumont, "al-Shifi'"1,u p. 182.

43
After completing bis studies with M3lik, he went te Najrin in north Yemen, where
he joined the partisans of the f,lasanid yaq.ya ibn 'Abd Allah. This led to accusations mat he
was a Shi'ite, whereupon he was brought ta Iraq to meet the caliph Hirn al-Risliid. He was
exonerated of aIl charges, however, attet convincing the caliph of bis loyalty, family
background and legal scholarship, assisted in the process by both bis sttength in reasoning
and the help of bis awter, al-Shaybam."
In the yeu 199 A.H./815 A.D or 200 A.H./816 AD., after bis third visit ta Iraq,
Shfili went to Egypt, probably at the invitation of the govemor al-'Abbs ibn 'Abd Allah. In
Egypt, he was initially welcomed as the disciple of M3l.ik. On arrivai, he stayed with the
family of 'Abd Allih ibn 'Abd al-f:!akam (d. 268 A.H./s8l A.D.), remaining wirh them until
his death in 204 A.H/820 A.D. Dwing this last stage in bis life he became a conttoversial
figure, for, on the one band, bis lectures attracted a circle of followers which larer crystallized
into a new Islamic school, white on the otha, he inspired jealousy among the followers of
MaIik due ta his popularity. lt \Vas therefore in that teachings began to have
their greatest influence. Supported by native disciples, Sbi{.)'s influence sttooger
than Mlik's supremacy 1l Egypt."'s
is said to have married twice, and left behind four children; cwo sons, Ab
'Uthman (who W2S qit/f of Aleppo) and Ab al-f:las311, and two daughters, Fafma and
Zaynab.
46
... Ibid; "S'"uat,u pp. 21-2
45 Ibid., p. 183.
46 Ibid.

44
ShifiZi's teachers in the field of Arabie were highly renowned. One of them was
('Abd Mulk ibn Qanb Riwiyat al-'Arab), a linguist, poet, and historian of the Arabs.
It is said that he had Shfill correct what he had preserved of Hudhayli poetry.47 After
achieving a high leve1 of language proficiency, Shifi'i retumed to where two scholars,
Muslim b. KhaIid and f:lusayn ibn 'Ali ibn Yaiid Ab ,Ati urged him to
study Islamie law. He took their advice and began studying Islamic law and its re1ated
sciences Ce.g. l-jadlth) under the leading teachers in the I:Iijiz. Ibo J:lajar al-'AsqaIin1 mentions
scventy-si.x scholars from whom leamed the Islamic sciences {al-'ztlii11l ai-Isltm!YJa}.
Three of them were particular1y influential: Sufyin ibn MaIik ibn Anas, and
ibn J:lasan al-Shaybam.41 Sufyan ibn 'Uyayna was a fjadlth scholar based in
Meeca. Shafi'i praised him and Malik as the guardians of the Ifml!ths, saying mat, it had
not been for M3Jik and Sufyan, the science of the l:Iijaz could have disappeared.,J49
Malik ibn Anas was a Muslim jurist and the eponymonous founder of the MaIiKi
schooL50 He was one 0 f the earliest figures ta advocate the importance 0 f te.xtual.
argumentation, blending data from revealed sources (represented by the Qur'in and F!arilJhs
of the Prophet M\J.ammad), with the opinions of authoritative scholars from the en of the
Prophet down to hi.s own rime. His distinctive thought reflected an emphasis on tem and
'7 'Abd Gharii Daqt, aflJm al-ShftY, Foqih Q/.s1lll1lll Q/AJebar (Bcimt: Dir al-Qalam, 1972),
pp. 250-1; see aIso footnote no. 6 on page 250 of the later work for the complete name of Asma'i.
-68 "S'ut.n pp. 37-8. He refers ta Muslim b. Kbilid al-Zanji as the teacher of
Foocnote no. la, ibid., p. 6.
50 Susan A. Spectorsky. "Milik ibn A:m.s,:I' in voL 9, p. 145.

45
the pClcnce of 1'fadinan schows.
S1
lvralik developed a. ma.terial and practical way of
resoning. the latter to the texts (the Quran and lffleftli). Shm') opposed mis
tendency" however" developing a. more formal and technica1 way of reasoning.
52
Mu1}munad f:1a.san was a r<ufan and prominent disciple of Ab I-:!mlfa.
His thought matched that of bis teacher in tha.t both placed a. hea.vy emphasis on the
"3
importance of reasoning and on ta.king Muslim traditions Ulto
contributed to the development of a systema.tic reasorung which contrasted with the
IV1adinan way of thinkmg, for he ra.tionalized the interpretation of a tra.dition the
Madinans confined their intetpretation to analyzing its chain of transmission and the
reliabilit;" of its links. For exampte, on the question of retaliation for m intentlonal killing or
injury, the Medirums offered a. textual interpretation, confining themselves to saying tha.t "A
person of must be killed [111 ret::iation], md a. minor has to pay half the weregeld;"
whereas Shaybini the interpretation sa that :l wider range of options is possible.
Shifi') dopted Sha.ybii' s a.pproach te and yet managed to create his own
method which wa.s superior to ma.t of his Kufan master.
54
Since Shifi)' S dl0Ught ret1eeted mHjtdh/s opinion and was concemed with the
dialogue with ms contemporuies, he becune a controversw figure in Islmc legal disceurse,
shocking as well as a.ttra.cting many people. 1t is said tha.t he Md many students, the mest
important ones, unong others, being: Humaydi, a. tra.nsmitter on SMfi')'s a.uthocity; Kuibsl,
51 Ibid., pp. 145-6.
52 Schacht, Th! Origms, p. .31.3.
S3 Ibid., pp. 33-4 and 306.
54 Ibid, pp. .30S-10.

46
a leading schow in I-JaGth and Islamic Iaw (jiqh); ZaJfarifii (d. 260 AH./874 A.D.), a teacher
of Islamic law who transmitted Shifi''s Mabsuf; BuwaYli (d. 231 AH./846 AD.), a great
ttansmitter of Islamic legal authority; and Muzanl (d. 264 AH./878 A.D.), one of Shifi'i's
disciples who preserved bis doctrines.
55
And it is probable that Ab Thawr (d. 240 AH./854
A.D.), a Yemeni scholar who established bis own school derived from the Shafi'ite school,
\VaS Shi6.''s disciple. However, it is aIso said tbat ShifiZi's treatises have, ultimately, only
reached us tbanks ta the transmission of Rabi' ibn Sulaymin (d. 270 AH./883 A.D.), himseLf
known as the ;triMai-!ulblb ai1aJlda. ,6
2. Works, Tbougbt and Methodology
a. Works
was a prolific writer. It is said that bis works were preserved "in Iraq and in
Egypt, the foener being known as the 'oId' (qatilm) books, the latter as the 'new' books.
nS7
Calder suspects that only the latter have been preserved.
SI
Among bis surviving wotks are ai-
Umm, Kitib Ib.tal al-I!til}san, fll11lr1 a/-11m, M1IS1I4d ai-Imam a/-ShQji'f, I/eI;tiliif al-I-Jadlth, and al-
Risa7tJ. Ai-V 111111, a book onflqh or Islamic law, was written while he was residing in Egypt.59
It represented a new deparrure in bis day in juristic waring, developing as it did a new
55 Maprjl, pp. 38-40.
56 Calder, St1Itiiu il, Emiy MmIimfmispTlllima (Oxford: Clarendon Press, 1993), pp. 68-9.
57 Ibid.
SI Ibid.
59 Mar.arjI,"S-mlt,U p. 33.

47
exegetical a.pproach [Q interpreta.tion based on textual sources.
ISO
Kitih Ih.tL oL-Istil;sin, and
]01110-r ol-1/m constituted Shifi)'s writing on legal theory, besicles his Riso7a.
ri1
lV!Nsnad ol-Imam
oL-ShOfiiJ and IkhtiloJ oL-Ffomth represettt Shifi).'s main works on Ifi,le5th. The former is :l
IflJmth collection,.:i2 while the la.tter is an exposition of theory of the subject. Ai-
Risilo
J
pemaps Shifi"):s best known work, contains ms theory on the relation between the
QU1:'an and HlJth, :lS well as bis views on 1t.SHt ai:fiqh. In it he defmes and sets the boundaries
of interpreting the textual sources, i.e., the Quran and the fJatGth. He aIso tries to elaborate
therein the nature and scope of tra.ditions and sets rules on how ta differentia.te between
authentic and inauthentic repo!tS..,3 It is said the treatise been sent in the fcan of epistle
ta "Abd a.l-R.1min ibn Mahdi (198 A.H./814 A.D.): who had asked Shifi) ta a.
treanse on the a.uthoriutive sources of the shUia..
n64
1t is also said that Shif) composed two
versions of the Fis/tr, the ronner cilled the Oid RisiIo (wllich has not survived) and the
la.tter the New &saitl. The discussion in the fanner was confmed ta the Quan and SMnno :lS
sources of l:1W (sorne sayaIso ta ij11l0' [consensus] md q&is [analogy]), while that in the
wa.s a refmement of the fooner, covecing the whole range of sources of Islamic
60 Calder, p. 84.
The was published with al-l'film, vii, pp. 267-77, while the lattez.: was published with
the same book, pp. 150-62; see CluumODt, "al-sbifiZi," p. 184.
U It was published by D'iI al-Fikt: in 1996. A yeaz.: later, Da: al-Fikx published MHmad al-Imam
a/-Shifi'iwith the thernatic ammgement of Islamic law, done by l\ful:wnmad al-Sindi undet: the
title TartTb fI[umad fJi.Shijz'!. '.Abid al-SincG, Tmiib Mhmad al-Ima", .:z/-Shap'i
(Bein1t: Di!: al-Fila, 1997).
3 Khadduci, "Shafili," p. 196.
oj4 "TransIatot's Inttoduction: The HistoticaI of the RisaIa," in .41-
[Jllam Mu/;Ja.",mad Ilm ldiir aI-ShOfi'?r ft aI-Frqh: 011 tht Ftm11Mtzo1U of I.domil.-
J:dispntdota
J
ttms. (Cambridge: The Islamic TCKtS Society, 1987), p. 21.

48
jurisprudence.
65
Shifill aIso wrote a book entitled al-Qurin, but it has nat survived.
However.. Bayhaqi (d. 458 AH'/1066 A.D.) col1eeted Shti'i's thoughts on Uw in the Qur'n.
and gave his work the same tide that Shifill did, i.e.,.Al;Jeam Recendy, Majdi ibn
Manl?r ibn Said al-Shawn collected and published Shifill's intetpretatioa of 38 mras of the
Qur'an, which he has entitled Tafslr a/-Imam a/-Shiji'l. The collection itself depends heavily on
al-Risila and particularly the A4kan al-Qur1an of Bayhaqi.67
B. Thought and Methodology
1) Thougbt
Shifi'i's tbougbt shows the broad range ofknowledge he acquired in bis early days in
such subjeets as the Arabic language, the the fJarllth, legal rulings and the traditions
of local cultures. AlI these eIements were founded on the Arabic language, far from
being limited to matters of linguistic concem, brought the whole pre- and non- Muslim Arab
tradition of euly Islam. As mentioned above, Shifi' leamed the Arabie language among the
Hudhayl tribe, where the purest Arabie was spoken. He aIso absorbed the practical tendency
liS Ibid., pp.22-5. In footnote no. 62 ta page 22 of the latter wOtk, I<h2dduri explains mat
ccaaybaqi cites the twO wotks as ewo sepaate books (folio 50). Ibn states mat b.
possessed a copy of both the oid and the new RisOl4, which were garded as {wo diffetent
wodts.n Ibid., p. 22.
66 This t:reatise is in Dar al-Kurub number 715, and wa.s published in
1953. See, Bayhaqi, A1)1e4m aJ-QIIr'in li a/-bllim a/-M1I'tjmn 816 ai-MlIjtllhiti ai- MtjadtJoJlI Ab, AJIib
MtdJQ//11J/tllf ldifs (Caro: Makubat Nashr al-Thaqa& al-Islimiyya., 1953), p. 19.
67 Majdi ibn ibn Sayyid al-Shawri (ecL), Ta/sir a/-Immn a/-ShQji'i (Beimt: Dir alKutub
al-cnmiyy2, 1995).

49
in knowledge,68 uthe liberal use of ro:i:'59 and the growing tendency ta rely on
textual sources,'0 from rus studies in the I:Uiiz and Ira.q.
Shifi'). lived in an era. when Muslims scholars were increasingiy involved in
preserving and constructing Islamic heritages.
71
Differences of opinion e..xisted, however,
over the extent to which ra) (opinion) could he used in ela.boClting a. knowledge pertaining
ta the guidance of Islamic religion. Basicilly, Muslim scholc1rS wete divided into !Wo groups:
.:cthe traditionists',12 and t"the ra.tionilists."n He responded to this emerging conflict by
ttying ta bridge thi:) conflict. Hallaq describes Shifi'),'s raIe as m a!tempt at reconcilia.tion
between the !wo camps: the traditionists and the rationalists. This movement began ta be
ppuent only towa.rd the very end of the 3C' /9
tb
century.74
Halla.q summa.!zes Sbafi)'s thought on theory, on the basis of al-Risalo, in si."<
POints:
S The Islamic so:nces initially gw out of ptaetical considenl.tions. In law fOI example, a
tuling arose out of the ptocess of question and answer between a Companion and the Prophet on a
certain ptoblem.
j!} Before and during shinZi's rime, there we two kinds of use of n:z); 1) ,cfree reasoning
based on pmetica1 considemtion and bound by no authontative and 2) t'nec: reasoning blilScd
on such a text and moti:vatcd by practical Hallaq, A Httny, p. 19.
1{l Though it 'N-as insignificant in its emetgenee, this tendency had been growing sinee the
fust centuty of Hijta and sbifi'i fotmali2ed il. 'This tendenc:y of pIojecting legal doctrines, and
infonnation on the apIamtion of Qur'm to and the FIophet hegan in the
end of the fust centmy AH. and it developed fimy up to the thiId centw:y. Ibid, pp. 7-18.
71 Mul:wnmad Ab Zahrah, TOIikh :z/-Madhhib ai-IsEmix/afi il/a 3/- J.:J..qJid il/a Tan;');
:z1Madhihib aI-Fiqhiyp (n.p.: DI al-Fila al-'Arabl, 1987), pp. 475-6.
n The traditionists wet:e those who m2intained mat ':"notbing that the Muslim community
says OI does should escape the sanction of the Qut'm and the IepOrts of the Ptophet." Ha11aq, A
Hi.:ttny, p. 20.
73 Rationalists were essentially those who ten&d t'to ignore the plophetic reports md insist
on human Ieason as the final judge on matteI5 not .teguIatedby the Qurm.;J Ibid, pp. 20-1.
14 Ibid., p. 33.

50
(1) that law must he nved e..xclu::,-ively from scripnu:e; (2) that the
Prophetic Sunna constitutes a binding sautee of law; (3) that contradiction e.."<sts neimeI
between the Ssmna and the nor amor.g veISes OI within of these wo
sources; (4) tba.t the t'loTO soU%Ces complement eam other henneneutically; (5) !bat a lcga1
ruling denved from unambigious and widely tra.nsrn.itted texts is certain and subject ta no
disagteement, wbercas a tuling that is transfeIIed by means of ijtihGti and q#yar Iruly be
subjected to disagreernent; and (6) mat ijtthaJ and qryar as weil as the sanctioning
DSttument of consensus, aIe prescnbed by th.e revealed 15
The Risaio is considered the summit of Shifi)'s thought, the pla.ee whe1:e he offe1:s
his fullest systematization of Islamic legal theory. Hallaq:s breakdown ma.kes at lea.st t'Wo
significant points: fir.st, his rhought wa.s hea.vily oriented towards texnlal for wiuch
reason have classified him as be10nging to the rra.ditionist camp; and his
historical consciousness was complementary/6 beca.use he depended on divine sources as the
prima.ry means of elaborating or solving a problem.
2) Methodology
As mentioned a.bove, was equipped with expert knowledge in four key areas:
Arabie langt1ge, the Qur'an and lfaeEth, and the traditions of culture. 1 categorize these
four elements a.s epistemological sources: language, reason, reality ::md revealed tex!.
Inferenti<ly, we see that Shifilj, considered reason wd language as hermeneutical deviees,
reality as a progressive mterial, and revealed texts as source of juristic knowledge.
In his Ri.r.ila, for e."<ample, Shifi") uses Arabie terms with grea.t precisioni in order to
produce a. systematie and measurable teaninology useful te constroct the relation between
;:. Ibid.: pp. 30-1.
11 Historical consciousness heIe is Sh:-tfj'i.'s considetation on the logic of things or events.
TT Though amast aD. other jutists were equal ta shafi= in using language precisely, this point
deserves to be take:n into account te illustIate that he was awaxe of that.

51
the Qur'an and the SunlttZ, and "to establish the supremacy of the Prophetie ttadirions
together with the Qur'an as the material sources of the law.,,71
Language is faetually and rationally "antenor' ta reason or logic. A2meh sees both
language and logic as ''"lOstruments coaducive to the truth" with the exception of the truth
for mystics who see this as based on qalb (an inward-looking faculty) and dhowq
(transcendental sensibility).i') Language depends for its truth on grammar, while logic relies
on the consistency of its procedures of inquiry. Language however bas shortcomings due to
the fact that certain presuppositions are attached to particular languages, whereas logic is not
bound to any particular circumstances but is For example, a presupposition cao be
linguistically correct and logically incorrect, as in the sentence every m(11l wiO nol dit. However,
language cao be a vehicle allowing the funetion of logic. In Shifill's rime, ra) was used even
at the level of independent element in legal judgment, 50 much 50 that many Muslim
scbolars warried about the dueat it posed to the use of the StlnllO. Shifi'i deconstmeted the
use of 1"ll)'and reconstrueted it ta be operative ooly in iitihador
&flli!} represents what is found in social and individual experience. Its elements
consist not ooly of the manifest rulings and customary law but also new problems, as
reflecting changes over rime. Sbifi) saw this as an abject of knowledge that bas co be solved.
The problem solvers themse1ves are textual (the Qur'aa and the SUIIIIlJ), and logical (jjtihiti
and qtyis). ljmi
l
is aIso a source of law and of resolutions to problems. However, its
71 HaUaq, "Wu al-shi6ZO'I," pp. 591-2. If we look al the contents af fli-Isilo, cuefully
breaks dawn every tetm inca variaus aspects. For e.umple, the tenn b'!ftn is explained in five
categories. See, tJi.RisilQ, ed. by Kaylni (Caro: Sbirkat Maktaba '" al-Bibi
:al-FJalabi wa Awlidihi, 1969), p. 265.
79 Az1z rmd [Slm'I;': Soaetie.s O-ondon: Croom He1m, 1986), pp. 107-8.
10 HaDaq, A His/Dry, p. 19.

52
mechanism and procedures, in which [ima' operates, should be based on the divine and
logic.
The revealed texts are the Qur'an and the SZinllfJ. It is interesring that goes
beyond other scholats in declaring the te.xts to he the exclusive source of Islamic law.
I:Iammad ibn Sulayman (d. 120 A.H./738 A.D.), Ibn Ab! LayIi (d. 148 A.H./765 A.D.),
Ab I:Ianifa (d. 157 A.H./774 A.D.), Malik ibn Anas, Ab Yusf (d. 182 A.H./798
A.D.), and A1}.mad ibn al-I:Iasan al-Shaybinl were among the pioneers who anchored the
texts ta the process of elaborating a ruling. and these figures had this much in
common, in that they regarded the Qur'an as the premier source of law. However, they
differed over the status of the Sunna as a binding ten beside the Qur'an. Hallaq believes that
al-Shaybam was the fust to assCrt chat no legal ruling can be valid unless based upon a
binding text -whether the Qut'an and the Stt!l!Ul. Shifi) tried to expWlge the Companions'
reports from the construction of the law, but he did not succeed; later he relied heavily on
l-;Iodlths whose ttansmitters did not reach the Prophet, such as the f1IUrsaL Schacbt daims that
"the numerous traditions of Ibriliim NakhaZi from Ibn Mas'd are nnmol in this sense
because Ibtiliim was Dot in direct touch with Ibn Mas'd.,,11 Furthermore, Hallaq states
fumly chat the SI/nlla of the Prohet and the Qut'in are the sole material sources of the law.
52
The Companions' reports and {jtihid in the eyes of ShifiZi are to he men into account
as the thitd and the fourth sources, with the consideration that they be applied
il The Origins, p. 38.
C Halla.q, A His/ory, p. 18.

S3
only when a nngtahi does not find any verse or 1;Iodlth that answers a problem, and must be
based on the revealed texts.
Shifiii defines 'i/m (knowledge) as divisible into {wo categories: genen! knowledge,
which eve:ry Muslim bas to possess, such as how ta perfonn the five daily prayers; and
specialized knowledge of subsidiary duties, details which oaly a scholar is obliged ta know.
83
This knowledge is acquired through deducing rules or pcinciples from divine sources, and is
the sole province, according to Shitill, of the MzdJahid. It is the latter's task to discover the
relationsbip between God and humanity and among humans themselves.
From the explanation above, it seems that shifill engages in a textual approach,
insisting that aIl problems be solved using means wbich rely heavily on divine sources as the
basis and boundaries of interpretation. Hermeneuncal means such as qiyis play a
fundamental raIe, but an operative one ooly in the area of deducing rulings from those
Specifie hermeneutical devices Iike ai-niisiJeh (ahrogatingJ and a/manszkh (abrogated)
are to he used only so long as they help in dating or in estahlishil'1g the history 0 f the
sources.!4
Shitil's procedure of nquiry is hierarchical, flowing from the Qur'ia, the SURlia,
ij"jJSS and qtyis,l6 in that arder. Abu Za1uah adds one other element, i.e., that of exarnioing
1) Calder, 'Uhtilif and ljma' in Risila:' in SI 58 (1983), p. 56.
54 AINVIJaiJ, p. 26.
as ljUlJ1consensus was found in pre-IsWnic rimes, and it \VaS referred ro "the conscious
foanal agreement of the tribe." Ihllaq explains mat "in the euly schools, consensus expssed the
average doctrine on wbich the schoWs and the eommunity, whether in a puticu1ar region or at
were in agreement." At the end of the second century, Prophetie ports were used te justify it.
Shifi'i its justification to Prophetie repotts as we1l as the Qur'an. Hallaq, A Hi.rtory, p. 20.
86 Qtyisl Analogy is 'ta method of reasoning. ta the diseovery of God's law on the basis of
the revealed texts and of the consensus," with its opeative procedure must he based on the related
mattelS between me problems and the existing doctrine of Islam. Ibid., p. 83. HaIlaq discusses chis

54
the sayings of the Companions. He bases this on Shifi):s explana.rion of the levels of
knowledge, which are enumerated as five in number: the Quran and the SHmrD; the
sayings of the Compa.ni.ons; disagreements among the latter; and q!yas.
87
Nevertheless, Ab
Zahmh points out that, substantively, there is no difference between ijmi' and the sayings
and disa.greements of the Companions, since in his discussion of ijmil, he refen to it olS the
agreeInent of the Companions on a like their i)md on the five prayen and the
required number of raktJ'Q's therein.53
Overall, Schacht describes Shifi')'s thought as a culmination of a long process of
theorizing on Islamic doctrine. He ugues that prior to Shifi)' s rime, there WJ.S :l
developlnent ma.rked by three phenomena.. First, the effort ta develop technica.l tetms like
SH1Ina, qtyis., rayand ijtihidintensified Second, dependence on traditions especiilly
:luthoDta'ltive.';o And third, "material considerations of a religious lUld ethical kind, which
represented one a.spect of the process of Islamizing the legal subject-maner, tended to merge
into systematic reasoning, and both tendencies became mixed in the result.,,a9
Schacht concludes that legal theory is a. tnagnificently consistent system and
superior by fax to the doctrines of the ancient schools.
n90
r-J!oreover, he states that Shfi1j, wa.s
"the founder of the N.pi/ al:ftqh, the discipline dealing Vw-ith the theoretic basis of Islamic:
as Ibid_, pp. 466-9.
31 Schacht, _4n 1r.lTrJdm:tlon tb L:zUl (Oxford: Clarendon PIess: 1964), pp. 37-41.
Schacht, p. 173.

S5
law.,,91 Calder doubts chis, arguing that ccthe magnificent totality of his juristic achievement
was not recognized by Muslim writers, and bad no tmgible influence on juristic thought,
before perhaps the beginning of the major schools of the fourth century.n92 Hallaq is even
more insistent in refuting Schacht's conclusion, saying that this thesis is "seriously flawed."
He argues that chat historical evidence in the early and medieval sources is conuary ta this
assumption, such that "we have no reason ta beIieve mat such a continuity ever existed; that
Shifili's Rira1:i and the theory that it embodied had very little, if any, effeet during mast of
the 9
m
cennuy [the 3
ni
cenrury A.H.]; and mat the image of shifil as the founder of UlUJ al
jzqh was a later creation.,,"3 He furthennore asserts that ShifiZL's achievement more properly
represents ,ca synthesis of reason and revelation" and "the first attempt at synthesizing the
disciplined of human reasoning and the complete assimilation of reve1ation as the
basis of the law.
n94
C. SHAFI'I'S CONSTRUCTION OP THE THEORY OF NASKH
t. Construction
a. As a Phenomenon
Here, we will discuss how Shifiii' considers the acceptaoce and importance of 1ZfJS1eh.
Before discussing the acceptance of naskh, we will see where Shifi'i elaborates the notion.
91 An IlltnJdllaion, p. 48. Even before Scbacht, Eric. F. Bishop wrote an article
devoted co mIe as the founder of a law school Eric. F. Bishop, (Mulpmmad Idm)
Founder of a Law School," MW" 19 (1929).
92 Calder, S!JIdies, p. 67.
93 The te,x[ in brader is miae; Hallaq, ''Was p. 588.
94 Ibid., p. 600.

S6
His theory of narkh is found in ai-Umlll, the aJ-Qur'ill of Bayhaqi and particularly a/-
Riso/a, where he e.xplains its theoretical basis. In ai-Umm, ShifiZi gives examples of many
juristic matters, including "askh. In bis AJ;ktim al-Qur'an, Bayhacii discusses the notion
extensively, taking bis information e..xclusively From al-Umm and al-Risa7a.
95
In &ll-Risa/o,
devotes a considerable amount of space ta the theary of 1tflSkh.
9fJ
Shifi'i locates the subjeet of 1IflSkiJ as the fust step m ms elahoration of the
re1ationship between the Qur'n and the Sunna in terms of how the Prophet Mu1}ammad
should obey God and Muslims obey God and the Propher. He tries ta show how God
maintains the truth of His messages embodied in His revelation and the traditions of His
Prophet. 97 In this discussion, we see that he makes it a precondition mat his readers have a
faithful consciousness which will allow them to accept the subject of narkh.
Shafi'i begins bis discussion, by agreeing with the previous authorities in accepting
the genre as the exclusive right of God. Basing his opinion on the notion of Gad is
sovereign rigbt to establish and deconstruet His words, he quotes Q. 14: 51 and Q. 16: 91.?1
95 Baybaq"i, AlI'-, pp. 33-6. he defines its definition and scope in four pages (p.
33-6).
l)6 15 pages in Chapter 1 under the sub-chaprers, Ibtidiz-' ai-NaSikIJ DIQ
to a/NisiJ:h RI al-M4IISJ1d (pp. 54-8), al-NQsiJ:h 1IIIl a/-Mf11ISIld aI-/adh1yatitdIM a/-KitlJl !M'tlihi Il'fJ a/-
SIl1lIlll '4iti oiNisiJUJ 1JItl ai-Aftl1lS1leh, ofWhich the Book [of God] Indicates Sorne and the Slln/IQ
Othets (58-61), FtJr(i aI-$1lI6J ai-ltztJhl JaIltJ a/-Kitib J1IIII11I11 a/-Sau 'Qi4111111I lIr.?J!M 'tminl bi al- 'tJbri 1IJfl
'aJaman li tult.talmp4btiJlI !Ji ai-fIIlZ'!ttJt1/The Duty of Prayer [the Perfonmnce of Which] the Book of
Gad and the Sunna Iodiate ta Whom itMight Not Apply Owing te [a Valid] and Against
Him Whose Payers 15 Not Acc:redited Because of [sorne Act of} Disobedience (61-8), a/-Nsikh DIa
al-MfllISIIJ rliW; tfIIlMJJM 'alyhi a/-SII1I1IIl1l1tl1li-ijmi'/al-NisiJUJ JWI al-MtmrMit.JJ Which he Indicad by
the Surma and Consensus (p. 68-71), and 10 pages in subcbaprs WtJjh ai-AJe1Jar min ai-Nrild D'O al-
Mmwi1tJJ/ Other Maners on al-N4dh 1VII a/-Mmuild (p. 112-3), Wajh oi-Akhar/ Other Marrs (p.
114-6), W'!ih aJ-Alt.hflr/ Other Mattets (p. 116-22). See. Sbifi'"t. rJf-RisQla, pp. 54-69 and 112-22-
97 Shifirt. a/-Ristiftz, pp. 49-54.
91 Shifi'i, ai.Risa1o, p. 54; Baybaqi, A!JJemJl aiQzu'iB, p. 33.

57
Leaving aside the previous authorities' way of e.-cpressing this argument - wbich accepts the
phenomenon of the genre based on the information found in Islamic tradition either in
lfadIth or Companions- Shifi'i anchors it in bath verses, showing how it is possible for Gad
to review His words. Althougb this kind of elaboration is not new, since other authorities
had aIso considered the Qur'an as the premier source oflaw, what did in the case of
naskh is more elaborate in a sense that he tries to provide the genre with a firmer foundation.
How post-ShifiZi scholars elaborated it will be discussed in chapter 3.
Shifil does not mention the story of 'Ali's prohibition against teaching the Qur'an
without a knowledge of nasleh. However, he argues with other authorities that knowledge of
naskh is one important condition of Qur'anic studies. In addition, he aIso discusses the field
with great care, making sure mat readetS can accept ie. He, first of aU, signifies ntlSleh by
declaring that it should be accepted through the medium of imin/faith, because naskh is the
exclusive right of God. He then helps the readcr sec the possibility of kno"Wing narleh in the
Qur'in or FfarlIth, showing that ai-MSi!eh/ the abrogating verse/Ffadlih cames after al-
1IItmszileh/the abrogated one. In other words, he combines !wo ingredients (faith and history
of the data) in justifying acceptaDce of JUlSkh.
b. Thcory
Ta begin with, we stan with the fact chat Shifili differentiates naskh from a/-b'!Ja;'J tak1Jp,
taqjld, and taJ.n-r may be defined as "a collective teml which indudes the genetaI
99 'Ali MusJUi, ai-NtlSJe.h, p. 27. A critica1 review of these temlS: btgan, takhiEi. tal{Jid, and
!!5ii/ is done by Nashr Ab Zayd. See, Nasbr aimid Ab Zayd, a/-In/am a/.Shifi'i D'tl Ta:rlS al
tJ1-wtlSll!!1Ja (Cairo: Sni' li al-Nashr, 1992).

58
principles of law as weIl as detailed roles." 100 Shifizr divides the latter tenn inta five
categories, which Khadduri summarizes as follows:
The 6m consists of a specifie 1ega1 pYovision in the text of the Qur'in, such as the basic
duties that are owed ta God (aeda1 witness, pmyer, payment of alms, &sting. and pilgri1D3ge).
The second includes certain provisions, whose modes of obsen"ance are specified by an arder
of the Prophet ~ (such as the number of ptayers each clay and the amount of a1ms
to be paid). The third consists of broad Iegal provisions which u ~ particularized.
The fourth indudes al1 the lega1 provisions laid down by Mul;wnmad in the absent of a
specifie Qur'inie rt The fifth and the final category is comprised of rules which are sought
by the exetcise of ytihitJ (petsonal reasoning) by means of qty4r (amlogy).101
The term talehm (particularization) may he defined as "the exclusion from the general
of a part chat was subsumed under that general."l02 Shifi) further discusses it in relation to
tJmm (get1etal), stating that the Qur'in, in addition to other categories, is clivided iota general
and particulor nI/u. These two teons admit of, at leasr, three relations: some general rules are
intended te he genen!, c"'m which the particu1ar rules are included;" other general rules exist
in which ''both the general and particular rules are included;" and then there are other
general rules ''which are intended ta be particular ruleS."l03
TtlI'pld means qualification, and refers in this case especial1y ta "particularization by
mems of introducing into the generaL, Qot a condition, but a quality (sifa)."lCM By 'a/.sil is
meant "the explication of the foundations by extending their law [0 particu1ar cases.
n1DS
100 Khadduri, tt211S., a/-lmint, p. 33.
101 Ibid., p. 34. See aIso, Shifirl, a/-Risila, pp. 15-33.
102 Halhq, A Histtny, pp. 45-6.
lOl Ibid., p. 35. See aIso, Shifirl, rJi-&i.ra7o, pp. 33-8.
lCM Hallaq,A HtlJry, p. 46.
lOS Ibid., p. 199.

59
Aetually, h i i ~ does not discuss either term in isolation, but only as they relate ta the
hermeneutieal principles of the Slmna vis fi Lis the Qur'an. Khadduri explains that "Shifill's
specifie reference to the SunNl, the Prophet's sayings and decisions, ta clarify the meaning of
a particular piece 0 f Qur'inic legislation or an ambiguous text, brings L.'e Sunna into the field
of Islamic legislation and indicates its specifie role as a source of laW.
u106
According to Shifi), !lfljJeh may be de6ned as an earlier ruling contained in either one
or more verses of the Quian or in one or more F;Iadlth whieh is abrogated by cither larer
verses or later I-fatllth. In other words, he sees naskh as depending on the chronological
appearance of the sourees.
107
He begins bis analyss of the genre by citing the Qunie verses
14: 51, 16: 91, 10: 16-17, and 13: 39, which establish the sovereignty of God in everything,
induding in the area of revising His own words.
1oa
He next explains sorne characteristics of
the genre, referring in this instance tn the Qur'an 2:106, which apparently charaeterizes lIaJ/eh
as either mithi (similar) or 1ehtrJf' filin (superior).l09 He then reemphasizes the sovereignty of
Gad, quoting the Qur'an 16: 101
110
, "And when We change a verse (of the Qur'an) in place
of anodler - and Allh knows best what He sends down- dley say: 'You [Mul}ammad} are
but a forger.Hm Applying benneneutic analysis, he maintains mat, like nas!eh in the Qur'an,
which operates oaly within the QU!'an, naskh in the Sunna is aIso only operative on other
106 Khaddw:i, tnns., oJ-UIlOm, p. 35.
107 Ibid., p. 36.
tOi Shi6
r
l, fJ/.Risa1a, pp. 54-5.
109 Ibid., p. 56.
110 Ibid.
Ul ailili and ~ trans.. Trll1lShtifJR, p. 362

60
SUllna.
11
'! An example of the foaner can be seen in how the duty of payer before the bve
prayers, i.e., the dawn prayer, in Q. 73: 1-4, is abrogated by verse 20 in the same sUra.
113
In
the case of the Sunna, we have the example of how the death penalty decreed in the Sunna is
abrogated by another which ordains corpotal punishment.
114
In short, Burton summarizes
Shifi'i's presuppositions on naskh thus:
1. The nasleh, or replacement of an iylI is an exclusive divine prerogative.
u. An iYa an he replaced solely by another God bas raId us that He it is Who replaces
His vetSeS, and He spoke only of placing His own verses, Thus, only Il1lSkhs
and Et;ur'in Ilask1Js only
w. IIIlSlehs only S1I1I1lIJ 1IIlSkhs only Sl1li1111. Kur'in does not 1I/lJJ:h StIR1ZIr, Su"na
does not 'W/eh
Having established the fundamental basis of the gente, Shifi'i himself examines his
presuppositions, in an analysis which takes the fonu of a dialogue. The fitst question he
addtesses is whether there is any indication in the Sunna mat a SUllna can abrogate anothe!
SImna, like a verse of the Qur'n can abrogate another of equal status. Shifi' answets the
question by referring ta the unique status of SUllllfl- a divine source like the Qurn- which
is to be obeyed by every Muslim, a charaeteristic guaranteed by God himself. For just as a
Muslim bas ta abey the Prophet, the Prophet's Sunllfl is likewise binding. He says, "He who
follows shall never disobey what he was ordered to obey, and he who is under obligation to
111 Ibid.
L14 Burton, Th, S01l1rts, p. 7.
115 Ibid., p. 6.

61
obey the Sunna of the apostle shaIl not refuse ta obey it, for he is not empowered to abrogate
any part ofit
U116
His second question is as follows: uIs it posStble ta assume that there was a
ttansmitted Sunna which was abrogated while the abrogating Stmna was ooc ttansmitted?Jl17
ShifiZi replies to this with a circular atgument, saying that this cannot be, since it 1S
impossible to bave a binding rule in a SII1I1ffl abrogated by a Q01l-e."<s111g SUlI"a, and that
there must be a replacement for an abrogated ruling.
lll
His cext question 15 whether the
Sun1lll cao he abrogated by the Quran. Shfi'i answers that "if a SII1fM were abrogated by the
Quran, another Sunna must have been laid down by the Prophet making it cleu that his
earlier SUII1flJ was abrogated, sa as to demoostrate to men mat an act cao be abrogated oruy
by something of equa! status." The last question is ioquires in ta the bases of his
presupposition. He replies by siding with the notion of coofoanity between God and the
Prophet on the effectiveness of a mling; a SUlIlIa will never contradiet the Quran; a Sunna
will always go hand in band with the Qur'an. For just as the Quran abrogas its verses, sa
does the Sunna, and as the QUt'an does not abrogate the SlmM, ie cannat be any different the
other way around. Furthermore, he e.xplores the if type of inqt1y and shows its weakness,
saying for c..'Cample that, if it is pennissible ta say that a Sunlla cao be abrogated by the
Qur'in,1l9 then it can be equally he said mat the Qurn can be by the Sunna.
116 Shiti
r
" ai-RiJi/4, pp. 56-7; Khadduri, tanS., a/-I1Jltl1I1, pp. 125-6.
117 Shifi'i, p. 57; Khadduri, tta1lS., ai-lmim, p. 126.
118 Ibid..
119 Shifi
r
" a/-Risih, p. 57-8; tans., a/-Im//, p. 127-8.

62
Shifill considers the SU1lna to be a vaIid source of law, alongside Quan, ijmd, and
qryis. He devotes much more space ta the discussion of SU1l1ffJ and ffarilth in his Risa?a,
debating their respective validity and their occasionally contradictory tendencies. He tolerates
for instance the I:!adith AJ;ad (particular F;IadJth) transmitted by a reliable, slgle-traosmitter
chain. Burton articulates this point cleatly:
arguments bad been provoked and detemlined by the pre"-ailing
contemporuy situation in the IsJamic sciences, and mainly by criticism of the 1:ImEJb reports
currendy in circulation. He was primarily motivated by the necessity ta place the reports
from the Ptophet in a special ca.tegoty out of reach of any al1egation tbat the utteQl1ces and
actions of the Companions could safely he taken as the most reliable indicator of the validity
of dUs regulation or the invalidity of mat. Shifi) had cliscoveted a method of navigation
which promised saie passage through the shoals of confusion and currents of complexity
which bedevil1ed every scholar b.nncbing on ta the ocean of the lfaGth.
12O
does not fonnulate explicitly the conditions of nasJeh. However, by applying
careful scrutiny we can identify four conditions implicit in his argument: 1) there should be a
conflia between the lIsikh and the IIIllnsiikJJ,).21 2) the ruling of the ma!lS1kh must be
established before determining the nisileh,)J:: 3) the ItIisikh and the manszikh should be in the
area of shan'aF and 4) the nasileh has to be established in a similar or better way than mat in
wbich the f1IallsiileJJ was escablished.
124
As regards the modes of flQSIeh, does oot bother ta orgaoize them according ta
the tIaditiooa1 categories of nosleh diina al-tiltlwa (the suppression of the ruling, but
not of the wording), flQS!eh al-tiltiwa dzina al-Iplkm (the suppression of the wording but oot of
120 Burton, A/n V hJ, p. 37.
Ul Shfil"1, p. 57.
122 p.
123 Ibici, p. 60.
U4 p. 55.

63
the ruling), and 1lILr/eh al-l;ukm JlItJ ai-tiJ4wa (the suppression of both ruling and wording).
Burton believes that at the rime of all three kinds of nas/eh were being c1iscussed125
Button 6nds that he CChad no interest in the purely exegesis-originated mode of Itoskh al-
tiliwah However, can still be said te recognize NlO modes of 1tfJsklr.
abrogtJtIIg the rulill& bIIt not the UlorrJing and abrogatng the 11Io1'din& bzlt not the mling. In bis The
COI1e,'"/ifJn of the Qur1a" and Abi Ubaid al-Qasi1ll b. Sa/kimls K al-nirileh wfJ-I-mansu7e1J, Burton
assumes that Shifi'i had invented the principle of abrogating the 11Iording, no/ the ruling.
127
However, he aiso argues that Shafi'i paid only seant attention to mis mode, citing the latter's
reference ta the case of rat/a' (breast feeding) reported by 'Aisha as the only example. In
spite of however, it seems that Shafi'i for the most part applied the fi.rst mode of nas/eh.
z. ConstrUction of Naskh in Context
In our previous discussion of Shifili's construction of naslelJ, we saw mat he tried ta
establish certain underlying principles: first, it is different From b'!}an, ifJkh;;', 'atmand toqyVJ;
second, it is an abrogation of an earlier ruling by a chronologically later one; thitd, it is an
heuneneutical device; fourth, it is limited ta the Qur'an abrogating only the Qur'n and the
SZt1lNl only abregating the S1OI1IIT, and fifth, its funetion is to abrogate a ruling and not the
wording, or te abrogate the wording and not the mling. In the following pages these points
115 Button,Abi 'Ubaid, p. 41.
126 p. 40.
1Z7 Ibid.; The Co&criDH. pp. 89 and 94.
121 p. 40.

64
will he assessed from the viewpoint of its Iinguistic aspects, origin, scope, and modes within
the context of the development of the Islamic sciences.
Shifi'i's approach, as elucidated above, does not begin with an explicit definition, but
rather implies that naskh is concemed with al.fa'akhlehur (the latet' position of the nOsikh/
abrogating and the earlier position of the !11tlnsuAdJ/abrogated verses or fJtldIths, in terms of
rime). He thus conceives of the genre not from an etymological point of view, but rather
From a substantive one. As we saw earli.er, the tirst attempt at defining the practice,
according to Zayd, was made by Taban. Accordiagly, Shafi'i begins rus discussion
with the fouadations of the genre, assuming that the Qur'inic verses imply the principles of
nQskh. He analyzes the genre in the Iigbt of other key terms, Iike 'rJmm and /eha.SfJ and e.xplaias
the relation between the Qur'n and the S11111l1J. [n other words, he sees it as fundamental to a
Muslim's correct uoderstanding of the sources ofhis religion.
The above attitude required a certain consistency on part in applying the
concept in his al-Rirtila. His concem to distinguish IftJSkh from t5 a case in point.
Powers demonsttates how Shifi) differentiated between the two concepts,
especially in the case of the vene of bequest and inheritance, for it is said mat Q. 2: 180 and
Q. 2: 240 (the bequest verses) are abrogated by Q. 4: 11-12 (the inheritance verses). Other
Muslim scholars, like (d. 105 A.H./723 A.D.), (d. 110 A.H./728
A.D.), Ti's (d. 102 A.H./720 A.D.), al-'Ali' ibn Zayd and Muslim ibn Yasar (d. 100
A.H./718 A.D.), cOQsidered Q. 2: 180 not to have been abrogated, justifying this notion 00
the basis of tIlleJJilf. They argued that "the inheritance verses did Qat abrogate Q. 2: 180 but

65
merely specified aspects of that verse that ha<! been worded in a general manner."l1? On the
other hand, Shifi' held that the bequest verses were abrogated by the inheritance venes.
This finding, according te him, is clearly indicated by the report of the Prophet, "No bequest
to an heir."uo The opponents of Shifi'i criticized him for having tumed to an uaqualified
Ff.aJlth bequest to an ta support his case. The proponents of Sh'ifi'i's opinions,
bowever, did occasionally advocate bis position by defending the validity of this l;Iatfith.
PowetS that, even thougb both Bukhm (d. 255 A.H./869 A.D.) and MusIim (d. 260
A.H./874 A.D.) chose not to include it in theU it nevertheless gained considerable
support. 'Abd al-Razzaq (d. 211 A.H./826 A.D.), Ibn Sbu'bah (d 227 A.H./842 A.D.), Ibn
Maja (d. 273 A.I-I./886 A.D.), rtmdh1 (d. 279 A.H./892 A.D.), and al-Nasa'i (d. 303
A.H./916 A.D.) were among those who considered the report to be an important one.
L31
Another case in point was abrogation of an ear/ier f'IJ/ing by il later Oltt. Shifi'i was not
alone in approving this type of nas/eh, for both bis contempoaries, Iike Ab Zayd (d. 224
A.H./839 A.D.)132 and bis predecessors, like Ibn Shhab al-Zuhn (d 124 A.H/742 A.D.),1J3
119 Power, cCOn the Abrogation of the Bequest Veaes," in Ambim 29 (1982), pp. 247 and
262-3.
130 1bis EfJJtEth is defective beause the isnOd known to (Sufyin - Sulaymin al-.Al7:wal-
Mujihid - Mubammad) is broken/DlII1IfJO/i', mis is because "Mujihid was hem aftc:r died
and could not possibly have hemin direct conClCt with the shi6'i uses it as an indicator of
the lUlSJ:1J of the bequest veaes by the inheritance verses based on the principle of ijmi' or consensus.
In this case, according tO Powers, Shifi) Iowers bis standards of bis jection the defective reports,
and 1tten:1pts to Clloffset the foanal defect in the istliti by appealing ta the doctrine of consensus."
Ibid, p. 272; Shifirl, ol-RiIh, p. 69.
131 Powers, "On the Abrogation," pp. 273-9.
13Z Ab Zayd. a/-NQsikh JIItI a/MatmkJJ ft a/-QIIT't111 ed. Ibn al-MudayfU (Riyaq;
Makuba 1990). pp. 7-13.
W See, Rippin, Naskh al-Qurin and the Pmblem of Early Ta.fsir Tens,u BSOAS
47 (1984), p. 29.

66
shared bis opinion on this point Referring ta Q. 2: 106, they infen:ed the role of ai
/a'aIehJehurin the operation of nasJeh. However, this point was fundamental [0 Shafi'i because
the appearance the data is important not ooly ta their own integrity but to their raIe as well
Throughout his explanation of nasleh in a/-Risa7a, he consistently applies this pcinciple;
indeed, even in his treatment of the if clause, he believes that it is impossible ta have a
transmitted Sunna abrogated by a non-existing SI/1t1la, as \\re saw above.
Furthermore, Shifi'i not oaly echoes other proponents of nasleh on this point, but
likewise sees it as a henneneunical device. Prior to Shifi'i's rime, as was explained earlier, the
discourse on lIaskh was concemed with providing data on the operation of 1ItlSkh in the
Qur'an and Sunna, Tts scope embraced fx!yin, takhil/, ta/ill and taqyld, without differentiating
between the term itself and other key terms. Even bis cootemporary Abu 'Ubayd, according
to Ibn ~ i l i l al-Mudayfar, adopted chis approach to the genre.
134
S h i f i ~ limits the Qur'an's abrogating power ta the Quin alone and that of the
Sunna to the Sunna alone. He rejeets !lIJSkh ai-Qllr'in bi ai-Sunna (abrogating the Qur'an by the
SUlIna) or vice versa, nasleh ai-51111111l hi ai.Qur'ill (abrogating the SUll1lll by the Qur'an), arguing
chat the Qur'n is one entity, and the Sun1lll another, each retaining its own auth0rity. The
relation between them is confined ta the role of the SUlIlltl as an agent in explaining the
Qur'n. This opinion is supported by Sufyin ibn SaZid ibn Marzq al-Thawn, and Aqmad
ibn I:Ianbal.us It seems that this pri!1ciple was adopted because he sought ta establish a cleu
distinction between the e.xplanative function of the S1I1111a and the Srm1la as a source of law.
Burton assumes that Shifi'i based bis presuppositions on an analogy, relying on uthe temlS
134 Ab 'Ubayd, tJi-NQsiJeh, p. 53.
135 Ibn al-JawZi, NtDJ.WikIJ. pp. 25-8.

67
of the Q. 2: 106: 'superiot' and This led 5hafill to accept a restriction on the
SZi1l1ll:l of the Propher only,137 despite the equal status he otherwise accords it.
Shifill's decision to redefme the key terms is interesting. Button considers it as
marlcing a sruft in che discourse on Islamic legal theories, whereas Schacht sees it as a
continuation or perfection of an earlier process, as mentioned above, saying that Shifi'i's
effort was a culmination of the systematizatioo of theorizing Islamic docuine. It seems chat
Burton starts From the existing disputes among the scholats who preceded To him,
Shifi'i deliberately offered an alternative method which maintains the exclusive authority of
the Qur'an and SUltlla. on the other hand, sees it from the process-perspective,
apprehending the disputes as a oatutal process of the discourse. Hallaq shares Schacht's
attitude in this case, saying that "ShfiZi's doctrine represents the culmination of this
process.,,131 One dlng is obvious: there is a difference between Ilplists and exegetes in chat
the llpiists in the case of 1tas!eh focus on "replacing one roling with aoother due to the
teanination of the effective period of the earlier ruling," while the exegetes "extend the
parameters of the tetm 1IIJskh to specifiC2tion, exception, abandoning a legal rule because
circumstances have cbanged, and mutual cancellation.
n
1.39 At this Shifil comes from
the lep a:adition, and we cao understand why Button sees Shafi'i' s finding as representng a
shift.
136 Burton, Th, SOHmS, p. 6.
1.37 Ibid.
1.31 Hal1aq, A His/0'YJ p. 19.
139 Ibn tJi-NiJiJeh, p. 7; Powers, "The Exegetial Genre,u pp. 122-3.

68
On the other hand, several notes can be mentioned here. FUstly, Burton criticizes
ShifiZi's analogy of the terms "similar" and "superior" in the Q. 2: 106, with the quality of
the scope of naskh, contains a weakness which is "hidden from Shifili hmself." It originates
in bis refusai ta follow bis contemporaries in deducing legal rulings from the reports handed
down by the Prophet's Companions and later generations of scholars. h i f i ~ s
cootemporaries argue that the death penalty for adulte!Y, which was allegedly introduced by
the Prophet, is a case in point where the Sunna seemingly abrogates the Qur'in. But h i f i ~
insists that "the death penalty, introduced in the SU,,1IIl, had superseded a corporal
punishment previously introduced in the SII"M, and so was an instance of the nas/eh of the
Sunna by the Sunna, not of the 1tQS!eh of the Qur'an by the 51111110." Burton however
demonsttates that the eadier punishment had been established by the Qur'in 22: 2 1.-0
Furthermore, he asserts chat Shifi' inevitably had to quote the authority not of the Prophet
but of 'Aisha in the case of "the definition of the minimum number of breast-feedings that
establishes a life-long barrier ta the marriage of the Muslim male with any females ta wham
he is related by ~ to support bis principle of the naskh of the equal status of the source.
Mcanwhile the Qut'in does not provide any evidence ofthis.
l41
Another point is chat the charactetistics of Shifil's method in the case of Mskh,
according ta Burton, are retrospeetive and normative, with the proviso that its oormativity is
not iJ:regardless of the historical dimension. In fac!, he reaaanges the procedure of inquiry so
that it is grounded in a midd1e position, where logic and divine sources rei.nforce one
another. Historically speak.ing, the phenomenon of If/ISkh relates to the raIe of the Qur'in as

69
a religious and legal document, in mat they bath sbare the essence of attnbution as a way ta
understand the chronological order of the verses or FJadlths. Hallaq confitms Burton's
assumption on the importance of attribution in the opetation of 1ttlSkh, holding that
questions about the chronological order became important because of the need to detemlne
contradietory texts.
a
: The importance of Hallaq's assertion is that he anchoIS naskh in logic
and context, making sense of the correlation between nas/e1J and the chronology of the
sources. Despite the rudimentary character of ms thought, Shifill's construction of naskh is
a relational device in the sense that Iftlskh is placed in relation to other key ceans as an
integral packet of systematic principles 0 methods of inquiry and of Islamic source theory.
Finally, regarding the modes of naskh, it seems to me chat Burton, in arguing the
point mat the three modes of 1lIJsIeIJ already during the lifetime of leaves
considerable room for criticism. This conclusion after all contradicts his other tindings,
because in anotber passage he daims chat Shifi) and Ab 'Ubayd both recognized two
modes of naskh.
14J
Furthennore, having said that Shifili invented a third mode -a!mJgating the
1lI0n/illg but Ilot the n/ling, in contrast, Burton aIso says that this mode "seems to have taken
place in the post-Shifili pcriod."l.w One reason why mis i.nconsistency occurs is mat Burton
does not verify bis conclusion by considering other figures prior to and in Shifil's periode
However, Burton is certainly sure that Shfili recognized [wo modes of lt4Skh, he
reemphasizes this in bis Th, SOIlTCtS of Islamic I...a1v, saying chat admitted oo1y two
Halb.q, A Hirtoty, pp. 8-9.
143 p. 27.
10104 Burton, Tht SOltms, p. 102.

70
modes of IIQSkJ.r. abrogati1lg the 17Iang but Ilot the 1lIorr:ii1lg and fl!mJgati1lg the 1lIOrdi1lg bltt Mt the
rua1lg.
Ta sum up, Shafi'i Iived during the formative period of Islamic thought, a period
when aD. elements of Islamic society- doctrine, epistemology, theology, law, culture and
politics- were developing at a rapid rate. In the process Islam became an amalgam of the pre-
Islamic custom of the Ambian Pet1nsWa and elements encountered in the lands into
which it had e.'Cpanded. The same period was marked by political disputes, often e.xpressed in
religious terms. Theology appears to have heen, at least initially, devoted more ta poutics
chan to the deve10pment of Islamic sciences. The least that can be said is chat there was
confrontation, or to put it more positive1y, a dialogue, between a liberal tendency and a
traditionalist one. Shifill felt it oecessary to patticipate in mis enterprise, in the hope of
arriving at a better way of undetstanding Islam and deducng laws or rulings from in;
doctrines. This point Burton's presupposition chat Shafi'i's thought is both
retrospective and normative. However, we fmd that findings, including bis ideas on
nasJe1J, are logical, making sense the relation between the Qur'an and Sunna in relation to
theorizing Islamic doctrine. We also find that his enti.re enterprise refleets Qot only a shift, as
Burton believes, but aIso a continuation and perfection of the previous pIOceSS which
allowed Shifili's later successoa ta make their own elaborations more grounded and
systematic.
The dialogue in which Shafi'i participated led him ta distance himself &cm bath
e.xtremes, i.e., traditionalism and rationalism. However, since each of these two
brought with it strengths and weaknesses, he tended to favaI the side which, according to
him, was the more doetrinally sound, i.e., the ttaditionist camp. In doing sa, he also
145 Ibid., pp. 203-4.

71
detetmi.ned what bis position on IUlSkh would he. Accordingly, bis conceptualization of
1II:lS/e.h shows a concem ta maintain the status of the revealed sources, the Qur'an and the
Sunna; as exclusive1yas posSIble.

72
CHAPTER m
mE INFLUENCE OF SHAFI'rS lHEORYOF lVASKH IN1RE
This chapter will trace Shifi.''s influence on the construction of naskh in two genres
of Qur'anic exegetical literature: works devoted specifically to a/-nasikh 1JIQ a/-RJanszkh and
worlts of tojsi,., where the issue of naskh is key ta the interpretation of specifie Qur'anic
verses. Our survey of the fmit category will invescigate the development of naskh from post-
Shafi'i' s up ta Suyii's rime, focusing 00 one work from each century as represenutive of
the peri.od. Here, the discussion will be interpretive, drawing to a great extent on dle research
mat has been done by others on this genre ofwriting.
1
In the case of our survey of exegetical
works, examples will be taken from authors representing each a f the four juristic schools in
Sun,,; Islam, but not from sectaOan or other authors, for reason of space.
A. THE INFLUENCE OF SHAFI'I'S THEORY OF NASKH IN THE SIX
WORKS
In this sub-chapter, si."< works on noskh from the fourth and the tenth centuries A.H.
will be discussed These works will be examined ta see how far Sbifi)'s notion of 1tQs/eh was
implemented in late! works and just bow relevant it was to the debate. The six works are: a/-
NisiJeh ilia Ji al-Qm"a" a/-Kmfm by Na1.'}.4is,z aI-t/aJ! by Makk1,J Nawisikh a/-Q"r'a"
1 For enmples, see Zayd, tJI-Naskh and 'Ali ai-Naskh. In these wotks the
authors discuss naskh from theoretiaJ, and historica1 penpectives, su:rveying the genre
&om its otigins te the present rime.
Z Nal].is was a ShifiZite and a prolific writer in various Islamic sciences. It is said that bis
works arnounted ta fifty in all. It seems mat these wow covered Qut'inic studies and 'Ambie
linguistic, for enmple, 1mb ai-Qw'On, Ma'Qr [(jtab Yufassiru Asma-' Allah 1l/(J ]alh
AIlhbir a/-S/nw-', etc. Originally &am Egypt, is repotted ta have gone to Baghdad for
quest of knowledge whe he stUdied /IfJ/pIt and Iirature from Ab !:Iasan 'Ali ibn Suhymin, Ab

73
by Ibn al-]awZi,4 $afwat af-RaSikh by Shu'lah,5 ai-Ntsikh 11IQ by Ibn al-'Ati'iq"t,6 and
ai-Itqan by SUyJi7 AIl of the above, with the exception of SUytt, divide their treatement of
naskh into two parts; first, as introduction where they discuss the theory of 1tfJSkh in
and second, a survey of instances of ai-nasikh and ai-Hlansikh in the Qur'an. In the latter
instance, mey all discuss the tapie according to the order of the siiras of the Qur'in. In the
Is1}iq al-Zujii, o1-Qjriahlthe science of reciting the Qut'in from Ab I:bsan ibn Sha.mbudh, Ab
Bakr Fjasan ibn "'AIi and Bakr ibn and E:Iatiith from al-NasaTL Al-Nal)l:las, ol-Ni.rikh,
pp. 29-32.
) A Miliki, Makki wu a prominent scholar from Andalusia (Spain). Ir is reported that
Makk wu well known as a schowinfllJh and r"Ml a/1i'l1J as well as in Quinic studies. Unfortunately,
bis works on law have oot come down ta us. His works are estimated to be more man one hundred
in number and Abmad Hasm Ful}.it, the editor of a/-l.diJ;, collected Makl's fragments and studied
Makk.'s thought on Qurinic exegesis in bis Ph.D Dissertation. aJ-r)a);, pp. 9 and 33.
Ibn al-Jawn was a weU known H2nbaIite scholar fron1 Baghdid. He was a. prolific writu,
bis wow cover vuious fields, including fromjif{b and up1 iJ/-.ftqh, Qux'inic stUdies and 'oIsir (bis work
on tu/sir entided Zid aIMtmrJi 111II aiToJsir;, f}mGtJJ, bistory of Arabie and non JUabic societies (bis
wotk on history entitled Ji T a/-U11It1JII Illi/. ai- 'Amb 1JI(J aI- astronomy, hwo
(arithmetic), and .tibb (medicine). He studied Quran and f;lQmlh from ibn :1.1-
i:IanbaIi, II/Q'd from Ab al-Qisim al-HuaWi and Ibn a1-Zigbiirii al-ambali (cl. 527 A.H./1133 A.D.)
and &om the foaner, he also studied.ft4h and f}mGtJJ. He studied jiqh and upiJ aI-JlIJh, metoric, from
Ab Bakr al-oin and Ab Ya'li and other authorities. Ibn al-Jawzi, NI11IIfJSil:h, pp. 3-3.
5 Shu'lah, a wu 3. lingW5ty literary figure and jurist. Though he lived for only a
shon time (he died at the age of thirty-three), he was known as a gifted and bright young scholar. His
works cover Quranic studies, and histOlY His $ofimt aI-Rarikh is considered as one of
the important work on naskIJ. Shu'lah, SIlfa'at a/-&isiJUJ, pp. 17,22-3.
6 Ibn a1-'Ati'iql wu a litterateur, philosopher, and scholar who \V2S concemed with Islamic
sciences. His areu of concem included fiqh, l4jiir, sufism, linguistic and litetature,
astronomy, md aritbmetic. Besides studying in bis native bnd in Iraq, Ibn al-"'Ari'iqi spent
twenty yeus seeking knowJedge in Ia.n. Histotians mention thtee of bis UnpOrt3nt achexs:
MUQanunad ibn Makl al-'AmIi, known as o/-ShahUJ ai-A1v7IIa/ (786 A.H./1384 A.D.); ibn
Ysuf ibn al-IjuIi, known as a/-AlI8ma (d. 726 AR/1326 A.D.) and al-Oin ...Ali ibn
al-IGshim (d. 755 AH./1354 AD.). His works cover vuious fields of Islamic sciences
and amount ta more than twenty, 'Abd al-Hidi the editer, mentions twenty one of
'Ati'iql's wom. Ibn al-"'AtiJiqi, a/-NisiJUJ, pp. 10-15.
1 a wu known most as :l Quanic scholar. A brief account on bim bas been
mentioned in Cbapter 1, p. 1. See, voL l, pp. 4-5. discusses nasleh in bis al-I"lo"
in a gteat proportion. a/-Itqin, vol. 3, pp. 59-77.

74
case of the first five of the the six autharities., we focus our discussion solely on the first part
-their e."q'ression of the theory of naskh. As for SUy!l, our discussion will be based on his
l!qin, as a whole since he discusses 1IIJSkh therein e.'ttensively.a
In order ta appreciate influence on their discussion of the genre, we will
construct a framework of analysis far bis theory of nasleh. To this purpose, we have chosen
two points of comparison: phenomena, and theory.
a. As a Phcnomenon
He.re, we '-'till discuss twa points: the acceptance and the estimation of the
importance of nasleh phenomena. Firstly, as we saw in chapter 2, Shififl adjudged the subjea
of naskh to be a valid field, because it is God's e.,c1usive right --inasmuch as He has
unlimited power-- to do whatevet I-Ie wants, including revising His own woros. On
point, although they do not quote Shifili's opinion directly, the 51."< authorities basically share
bis view, holding that IttlSleh is God's exclusive right. However, they vary on, at least, three
leve1s: sources of argumentation, techniques of elaboration, and points made to support the
argumentation.
As regards argumentation, Naq.qas, Makk, Ibn al-Jawzl, Shu'lab and al! consider
nasleh to he based on (wo foundations: reason and the shan'a.
9
Surprisingly, Ibn a1.-'Ati
J
iq1
keeps silent on this topie, pemaps due to the faet that the field is well known and bis treatise
is of a summary nature. On the other band, Shifiii regards it as depending on religious
doctrine alone in chat he conneets the genre te the obligation laid upon Ml}ammad and his
a aI-IlIJ, vol. 3, pp. 59-TI.
9 The definition and distinctions bet\Veen these tetms rutve bec:n e,.,,-plained in chapter 1.

1S
followers to obey God, direeting the reader to accept it as a matter of faim. Though Nal}.l}s
does Qot label the two sources as shan'a and reason we find that on the one hand he
regards the various phenomena of naskh as having occurred in former religions, religious law,
and in previous tradition, whereas on the other he infers on the basis of logic chat nas/eh is
God's right, and that whoever denies this is no better than a liar (kirihib). 10 Makk1 sees that
the phenomenon of nIJskh cm be accepted on two levels: the religious and logical. In arguing
for its religious justification, he echoes saying that it is a kind of worship offered up
ta Gad which every Muslim has to accept. Logically, he follows a hetmeneutical circle in
explaining that the sovereignty of God and the piecemeal nature of His revelation support
the notion nasleh. U According ta Ibn al-JawZi, for instance, naskh can be justified on the basis
of the idea chat Gad did abrogate some of His laws found in previous religions. For
e..um.ple, martying a b170ther or sister was allowed in che rime of Adam but was prohibited
from the time of Msi onwards.
l2
Logically, he relates naskh to the vacious situations that
confront a Muslim in teans of the obligations he has to perfoon, sayiog sometimes chat he
has to do a thing, while on the other occasions he must not, just as God creates night and
day.13 Shu'lah and Suyp accept naskh on the basis of arguments drawn fram the md
logic, although with differences in labeling: Shu'lah uses the terms sam'f (the source received
tluaugh ttaOsmissian) and oqGQogic),14 whi1e cansiders them ta be 1UlIfG(revealed and
10 Na4Qis. af.Narikh. p. 1.
U Makl. al-.diI}, pp. 57-9.
U Ibn al-Jawzi, NrJ1JItisikh, p. 15.
U Ibid., pp. 14-5.
l4 5hu'lah, fll-&isikh, p. 91; Suyii, al-Itqall, voL 3, p. 71.

76
ttansmitted sources) and ta-rileh (history). Both scholats aIso add that the fle1d is accepted on
the basis of a consensus of Muslim scholars.
1S
Regarding th, technique of ,/aboration, the six authorities, with the execptian of Ibn 31-
'Ati'iql, tend to rely on both shan}: and logic, tends ta apply shan'a
argumentation alone in bis resulting in a foanal acceptance of the genre. Shifili
precedes bis discussion of nasJeh by stating how obedience should be operative between the
Prophet and God, between Muslims and theit Prophet, and between the Propher, Muslims
and God. He holds mat God maintains the croth of rus messages embodied in His
reve1ation and the traditions of the Prophet.
16
In this discussion, we see that he makes it a
precondition for readers mat they accept naskh as valid, even mough in reality they seldom
do 50.
In support of this argument, Shifili cites three points: 1) God is omnipotent, thus
implying that He cao revise and change His words; 2) nasleJJ is the exclusive: right of Gad;
and 3) accordingly to accept it is to obey GOd.
17
The si." authorities confltm the first and
second points, but differ over the last one. Shifili confines bis acceptance of nasJe!J to foonal
and divine reason, whereas the othetS, except for Ibn al-'Aci'iql, anchor it aiso in history,
where support for the possibility of naskh can be found. In addition, Shu'lah and
consider aIsa that the consensus of Muslim scholats has established the genre as beyond
question.
15 Shu'lah.. $afa'at a/.R4siJeh, p. 91; ai-Itqin.. vol. 3, p. 59.
16 Shifil"1, a/-Risila, pp. 49-54.
17 Ibid

77
Secondly, the six authorities assess the importance of nasleh in various ways. Nallqas
considers it to be part of the shan'a and a great matter that cao lead one into heresy.ll Makl
deems a knowledge of the topic ta be the prime requirement in Qur'inic studies
19
and a part
(lbaltr)."!fJ Ibn al-'Ata'iql shares Makk1's opinion, saying that mastering al-nasikh wa
al-111ansiikh is the first condition for someooe ta leam the 'l/Iiim ai-Qur'ilf.
Z1
Ibn al-Jawzi was
stimulated to write on the genre because, according to him, rbere were many previous
authorities who had written on the subjeet with such POor results.
22
Shu'lab and not
only consider the importance of the genre to lie in its status in Qur'aruc studies but aIso in its
position as an expression of a consensus in Mu.c;lim In addition, they all, with the
e."<ception of Makkl, refet to the report of 'Afi's prohibition against teaching the Qur'an
without understanding nasleh as a reason for encouraging people to develop proviciency in
this area of discourse.
24
Setting aside the approach of eartier authorities, who tended to base their acceptance
of nasleHs validity on information found in the Ifadlth of the Prophet or the Companions,
li a/-NisiltJ:J, pp. 6-7.
19 Makk1, pp. 45-6.
:!O Ibid., pp. 57-8.
21 Ibn al-' a/-NOsikh, p. 22.
:::!. For example, he notes Kitol Q/-,zO.rtkh MI a/-IJ/QtUHkh by Isma'"d ibn cAbd al-1WJ.min ibn Ab
Katima al-Suddi (d. 128 A.H./746 A.D.) bas mixing IDater'Ws. Ibn al-]aW2, NrmWikh, p. 11.
21 Shu'lah, $".fwat a/-RasiJeh, p. 91; Suyj, 0/-1'4;'." p. 59. Ibn al-JawZi aIso mention the
consensus of Muslim society on naskh but ooly the Q. 2: 106 as the foundation of the existence of
naskh in Qur'an. Ibn NtIIJIlikh, p. 17.
2. Na1}.Qs, al-NisikiJ, pp. 3-4; Ibn al-]awz, NenWsikh, pp. 29-32; Shu'lah, Y'!fD'e/1 al-Rsik.h, p.
96-7; Ibn al-'At'iq, a/-Nisikh, p. 22; a/-1Jq;'" vol), p. 59.

78
anchors it in both verses Q. 14: 51 and Q. 16: 91,25 showing how it is possible for
God to revise His own words. Although this does not represent the flrSt rime that the
Qurin was taken ta be the premier source of law, what Shifi) did in the case of nas/eh was
more e1aborate in the sense that he tried ta ground a specifie genre in this source.
2. Theory
Here, four themes --defUlition, condition, type and mode of naskh- will be discussed.
The discussion will focus 00 how the six authorities rcaC! to Shifili)s construction of 1IIl.I/eh in
discussing tbese four memes.
a. Definition
Based on our previous discussion in chapte! 2, wc cao see that, although Shifili does
Qat define nas/eh very rigidly, wc cao identify at least three clements in his definition of naskh:
the nature of IIt:ls!eh, al-ta'akhkhllr (the principle that the Msileh should be chronologically later
and mat by the same token the alma1U11eh should be earlier), and its differentiation from
other tenns (b'!Yot, talehill, t'!lsll and taqyUf;. As far as its nature is concemed, Shifil holds
that 1IIlS1eh can mean abrogation or iza7a at the levels of mithl (similar) and lehayr min
(superior), which are mentioned in Q. 2: 106, as well as tabJll (change), round in Q. 16: 101.
The six authotities deal with this presupposition in diverse ways. They aIl consider
iZila/abrogation to be the essential nature of nasleh, citing a number of verses in support.
Ibn al.Jawz1, Shu'lah and base this expl311ation on Q. 22: 52, while Shu'lah
and Ibn al-J3WZi define it not only as iZila but also raf, which cames basically the same
2S o/-RisOh, ed. Mui)ammad Sayyid Kaylini. p. 54; al-Bayhaqi, A6-a/-QIIT'itI, p. 33.

79
meanng. 26 Makki sees it as whereas Ibn al.-'Ati'iqi for bis part sees it as raf. 2'
However, in the case of llaskh as tabGI, ooly Makkl, Ibn al-]awz1 and suggest ths,!9
wbile Na41lis and Ibn al-'Ati'iql reject it.JO Shu'lah keeps silent on this matter, but mentions
other authorities who refute this opinion. According to chis group, the nature of Itoskh is daj'
rid ot) which essentially means the same as ita7a. The advantage of ra! is not
related to the determination of the change (had!) of a ruling; the elimination of a ruling
happens without badJ. In other words, it is Gad who ends the effeetiveness of a ruIing. If it is
''1 obliged you in chis matter, and then l abrogated your obligation (ta do so), restoring
the situation to the way it was before you were before the arder on this matter, and
dUs is what happened in the case of preserving the meat of at/a7;; (vietim)... without any
change/ bati/ from the abrogated matter.,,31
Regarding al-Idakhlehur, Shafi'i assetts mat a/-nasikh (the abrogating) must be a later
verse or lfatillh in point of time, wbereas a/-11/Q1IJ1Jeh must be an earlier verse or l-Jadlth. The
SL"< authorities confitm this principle and some of them elaborate upan i.t in more detail
Naill}is and Ibn al-'Ati'iq"i implicidy indude af-tt/tJlehlehur as one of the conditions for 1IaJ/eh.
:!6 a/-Nisi/eh, p. 5; Ibn NaHsiJeh, p. 20; $t.I.fiwt a/-&si/eh, p. 95;
voL 3, p. 59.
27 Makk1, p. 112
21 lb -t_'A -,. - _J.1\T=-:LL .,,,
nu ta aql, UN.... u.wcD, p._.
29 Makk1, p. 112; Ibn at-Jawzi, NQDlQsikh, p. 20; SUyp, aI-ItqiR, vol 3. p. 59.
JO a/-NtiriJUJ, p. 5; Ibn al-'Ati'iq"i, a/.Nisikh, p. 22; Makk1, aI-tj;q, p. 112.
31 Shu'Iah, $gftma/-ROsiJ:h, pp. 93-4.

80
When Na4Qis differentiates naskh from bad/J-',J2 he declares al-nOsikh (the abrogating) to be a
later roling and a/-manmkh (the abrogated) an earlier one.
J3
Ibn al-'Ati'iq"i infers this
awareness when he simply detines a/-flflSiIeh is one that eliminares the ruling of an abrogated
matter.
J4
On the other hand, the rest of our authorities elaborate on this principle more detail.
Makki translates al-ta'alehlehllT into the difference between the verses revealed in Mecca
(Male/el) and the verses revealed in Madina holding that Maria,,;verses cao abrogate
each other as well as MaW verses, as long as the chronology of the abrogated and
abrogating verses are in the right arder. Yet at the same rime he aotes that abrogation
berween Mak/el verses is very rare, 50 rare in faet that he cannat offer any examples. Ia
addition, he argues that ooly Mat/anl verses can abrogate AfawVe!5es, and not vice versa,
because verses obviously preceded MarJa,,; verses. He says that "these two pnnciples
(Maleli and l'vIaun, verses) are the ongins of a/nOsiJeh and a/_11/Q7I.fU!eh."J5 Ibn al-Jawz1 for bis
part explains how the authorities arrived at the notion of chronology as a factor in the /IQS!eh
procedure, saying tbat there are two ways of recognizing it. Firstly, we know it via observing
the utterance (lUI,tq) of the or f:latilth. For example, Wc know that the assessment of the
fighting abilities of Muslims was downgraded in Q. 8: 65 from the daim that twenty Muslims
could dcfeat two bundred enemies, ta the daim that it would take one hundred te defeat the
same amount. The change in this observation was recorded in Q. 8: 66 "Now Al1ah has
J1 &tiQ' may basiaIly be de6ned as the appean.nce of a tempoary opinion mat bas not
occurred The creator of this idea is human and nClt Gad as in 1lIlJkfJ. Makl, aJ-.da9, pp. 111-3.
ai-Ntirikh, p. 8.
34 Ibn al-cAti'iqi, p. 22.
35 Makki, aJ-.tlQJ" p. 113.

81
Iightet1ed your (task), fot: He knows that there is weakness in you...." The fJarllth t:eported
by Muslim in which the Prophet says cc): prohibited you from going ta the graves but now
pIcase V5it them," is another case in point. Secondly, we knowit by observing the history of
transmission of the Prophetie traditions. Shu'lah states that uai-naSiIeh should come after ai-
111ansiilelJ," labeling this as the principle of ai-ta'alehkhur. He argues that the principle of ai-
to'akhur in /l(Jskh is not the same as the order in (the Holy Quran) or ai-tilirva
(Qur'amc recitation). The chronology of the veGes daes not correspond to the order of the
chaptet:S of the Qur'an and ai-tilwa, because the latter does not follow the order in which
circumstances led to the revelation of verses. I-Ie also confirms Makk1's principles of naskh
beeween MaJeJeI and Mariant verses.
J6
Final1y, SUYJl infers this point 0t1 the basis of the three
reports of Ibn The tirst report says ullasleh is of the transmission of the Prophet,
and of the Companion who says that this verse abrogates that verse." The second asserts
that ccIUlSkh is aIso examined [as an option] when there are t\Va cOllflicting verses; wough
history, we can analyze the earlier and the later data." The lasc report says, "naskh does not
depend on weak e.'Cegetes, the [jtihid of mujtahJu" which is Dot based on sound ttansmission,
or on a conflict [of [wo r:ulings], because nasleh involves eliminating a mling and establishing
another that happened in the era of the Propbet. The valid source for it is '''Jq// transmission
and history [of naskh], not opinion and ijJihid."J
36 StJ/1wt ai.&isiJeh. p. 92.
37 Ibn full name wu Ab al-Fjasan ibn ibn Mul}ammad aI-An.t;an
al-Kh3Zraji (d. 611 A.H./1214 AD.). Sha'bn Muqammad IsmiC"tl, in a/-N4rikh by
.
31 SUyp, a/-l/qin, voL 3. p. 71.

As regards naskh and its distinetness from other tea:ns Cb'!)in, taJehp!, taf.si7 and kJqyj,
Sbifizt was not anticipated by previous or contemponry authorities. 0 f the si.'"< authorities,
Ibn al-'Aca'iql is entirely silent on the tapie. 'Abd al-Ha& al-Fu4afi, the editoe of Ibn al-
'Ati'ql's a/-Nisikh, considers Ibo al-'Ati'iql's definition ta be general in application,
coonoting not oaly Ilas/eh but also takh';', istithna-', etc.
3
!) NaQQ.is for bis part ooly
differentiates llaJ/eh from hadJ, saying that Ilaskh consists in the changing of rulings made by
God whereas badi
J
is the changing of human intention only.40 Zarqirii, according ta Sha'ban
Isma)I, the editor of Na1}l'}is's al-Nisikh, accused Na1Jq.as and others (such as
Ibn Salima and Ab 'Abd Allh Mu4ammad ibn Hazm) of having confused Ilas/eh with
other notions in the field, such as tak!JiiI:
1
On the other band, Ibn al-Jawzi, Shu'lah and SuyJi aIl differentiate nasleh not
ooly from badt
J
but aIso from other tenns, like !a/ehill, and tithnQ'. In the case of badQ' they
aIl assert that the changing of a ruling is buman-macle. In addition, Shu'hb and assign
chis opinion to a group whicb rejette; Ittl.rkh and which identifies as the Jews. In
distinguishing naskiJ from other teans, they consider the changing of a ruling in IlIlSleh as
applying ta the whole of it, whereas in IakhiI:r or istithntl it affects ooly part of it. Suyp and
:i9 'Abd al-Hidi in a/-Nisi/eh by Ibn 2l-'Ati'iqi, p. 8.
al-Nisileh, pp. 8-9.
n Sha'bin rStIJil"1l, ''Muqadditna,'' in o/-Nasikh by p. 38.
-62 Shu'lah, $afwat o/-RO.rikb, p. 92; SUyii, ai-IlfJin, voL 3, p. 60.

83
particularly Makki engage in a long discussion on takhil:r and how diffettnt it is from lIfJSkh,
while Ibn al-Jawz1 and Shu'lah explicate this briefly.4J
What is interesting is that of the si:" authorities-who distinguish nasJeh from other
terms, not one credits ShifiZi as the first scholar ta have identified the divergence. As a
matteJ: of fact, 00 matter to which school each adheres, he keeps silent on this point.
b. Conditions for Naslcb
Though Shifili does not expIicidy foanulate the conditions of naskh, we can see from
his construction of the concept that he saw it as being formed of four conditions, i.e.: 1)
there should be a confliet betweeo al-nisikh and al-l1ta1lS1l7eh,.-44 2) that the ruling declared as al-
mansu?eh must have been established befo al-nisikh/
s
3) mat al-1IllSikh and al-ma1lSlikh should
he in the area of and 4) that ai-1taSikh bas to be established in a similar or better way
than in which ai-lIIansk.h was establisbed.47 Like Shifi
r
l, nomer Na4ll.is nor Ibn al-'Ati'iql
nor SUyJi formulates the conditions of naslt:h. Again, however, on the basis of their
discussion, wc cao identify their opinions in this regard. Thus wc find chat Naqqas confinns
aIl four of the conditions,'" while Ibn al-'Am'iqi49 and SuyPSO approve only the tbird
43 hrakl, tli-.titiJ}, pp. 85-7, 83-100, md 101-4; Ibn NflIIIi.h, p. 16;
aL-&mkh, pp. 94-5; and al-Itqill, vol. 3, pp. 43-51.
aJ-RisQia, p. 57.
p.
0&6 Ibid, p. 60.
Ibid, p. 55.
4 Regarding the first and second conditions, we CUl infer mis &cm bis discussion on the
definition of NlSkh (p. 6). The third condition an he mferd &om bis presupposition mat 1lI1Skh an
be applied ooly in 'amr (commands) and 11t1l!Y (prohibitions) (pp. 2 and 9). And in the case of the

84
condition, stating in effeet that IItlSkh should be applied in the area of amr (commands) and
nal!Y (prohibitions). adds that klJabar (information/ news) which is intended as 'amr
or 1I4hy can he included within the scope of naskh.
By contrast, Makkl, Ibn al-Jawz1 and Shu'lah explicitly formulate the conditions of
nas/eh. Makki develops seven of these, of which four ratify the fourth condition but stressing
different aspects of iL. 1) in ai-ntiJikh wa al-ma1lS1l1!.b, a verse should abroga anotber verse of
equal status;51 2) ai-Ilitikh should he in the rea1m of 'ilm (knowledge) and lamai (practice) as is
the case with al-manmkh,'2 3) a ruling imposing a heavier obligation can abrogate one that
imposes a weaker obligation, as in the case of Q. 8: 65, which is abrogated by Q. 8: 66;53 and
4) a weaker obligation cao aIso abrogate a heavier one, as in the case of the command to
perfeon three days fasting each month for every Muslim being abrogated by the order mat
fasting be restrieted ta in the month of Rama4On.
54
Two of them confinn the second
condition: 1) the matter dealt with in ai-lttrikJJ should he a totally separate matter From that
in a/-mansiiJeh, mus, according to Makk1, Q. 2: 222 cannet be regarded as an instance of
nasJeh because tls part of the vet5e, " .. And when they have purified themse1ves, then go in
unto mem...tt and the other part of the verse, " ... till they are purified... Jt are related, se that
fourth believes mat naslUJ OCcutS based on the guidance of Gad (p. 2) ai
Nisikh, pp. 2, 6, and 9.
Ibn al-'Ati'iqi, aJNsikh, pp. 2Cr7.
SO al-Itqill, voL 3, p. 61.
SI ai-f.diJJ, p. 107.
52 Ibid., p. 110.
53 Ibid.
)4 Thiei., pp. 110-1.

85
the foaner part of the vetSe cannat be regarded as ai_naSiIeh,5S a point which is echoes that
expressed in the tirst condition implied by Shifi); and 2) ol-",aflSZl7e!J cannat be related ta a
particulat rime but has to have been in effeet until being teoninated by the second IfIJI.S
(which may he from the Qur'an or Sunna), funetioning as ai-naszkh.
S6
Makki's seventh and
final point seems inappropriate in this context, namely mat the messages of the prophet
Mu4ammad abrogate aIl previous religions.
57
Thus Makkl cloes aot confitm third
condition, that o/-naSiIeh and a/-manmleh should be in the area of the Jhmi'a, at least not in bis
chapter entided Chapter on the of the Conditions of a/-Nsikh and aiManS1leh.
Nevertheless he cloes discuss this point in another section where he o.-plains the scope of
nask!J, saying that "naskh may accur in aJ,ktim (laws), fari'i4 (re.ligious obligations), (/'QIomir
(commands), !Ul1lIa!J; (prohibitions), (definitions), md '1lqiibit min al;k.i1l1 ai-du'!Y0 (the
punishments stemming from warldly laws)."sa Ibn al-Jawii confirms aIl four conditions,)'>
with the difference being that he breaks the third condition do\vn into two: tirs!, (J/-mansziJeh
sbould be in the area of the and second, that a/naSiIeh should aIso be in the same
area. Finally, Shu'lah like\\e ratifies the four, but with certain differences: first, regarding
the condition, he says oaly tbat a/nisikJJ should be R/ashri'all (rem,ining silent on al-
R/fl1IJ7kh), aild second, regarding the fourth condition where ShifiZi emphasizes the equality
55 Ibid., pp. 108-9.
56 Ibid., p. 109.
57 Ibid., p. 107.
5a Makl, al-ifo7l, p. 66.
59 Ibn al-Ja.wz, Nrm,Q.rikh, pp. 23-4.
60 Ibid., p. 24.

86
and the supriority of al-M.rileh, Shu'lah stresses the function of al-nsikh as a
(breaker) in eliminatiog al-mansikh.
61
c. Modes of Nask1J
ShifiZI does not discuss the modes of /tIJSJeh, but seems to admit ta there being only
two, i.e., abrogating the ruling bill not the warding and abroga/ing the llIording but no! nlling.
6Z
In this
case, Shafil may be said to have been unique, because the sb, authorities consider anather
mode to exist abroga/ing the ruling ami the 1II0rrii1lg.
63
Makkl even adds mree other modes. He
breaks down the tirst mode into three,64 and the second inta two,65 then adds yet another
mode, that is God's abrogation ofthe previouspraaia ofthe Propht!t and his Companions. For this he
cites the e."(ample of the Prophet request for forgiveness for his uncle Ab
ralib, which was abrogated by Q. 9: 113.
66
61 5hu'lah, $afiwt al-Rasikh, pp. 92-3.
6:! Burton, The Collection, pp. 89 and 94; Button, AIn Vbaid, p. 40.
6J al-Nisikh., pp. 7-8; Makl, al-.t1a7}, pp. 67-71; Ibn al-Jawzi, .J."ltm'isikh., pp. 33-8;
$ajivaI fli-R4siItJJ, pp. 95-6; Ibn a/.NisiJeb, pp. 224; alIJqOn, voL 3, pp. 62-
75.
64 1) AbtTJgtllillg the ntling oftl ume l!J tl11oth". tJml. and bolh vmu an mailltlrilllrJ. This mode is a
common one in the Quin; 2) Q detti whidJ is Dhliged bwnut oflZ1I inat/enu ('ilht), lhm this obligtltioll is av".
beazuse it.r iNitie,," hlJSg01ll, e.g. Q.60: 10-11; 3) DlhlZl is illfemdfnJ1I1 th, IDd, muJ il is abrogQ/ed by tht QIif'WI
in whidJ ils Hniing il lllairUlZintd, e.g. it an be infeaed &cm Q. 4: 43 mat being dnmk 3lthough net in
perfotming payer is allowed., and this verse wu abrogated by Q. 4: 91-Sl2 Makk: al-tJa7J, pp. 67-8.
6S 1) tiJ, worriing and th, T1Iling mu/ ils ItllTfling by hem is gon" e.g. the amogation one
chapter whicb is sim11ar with chaptet aJ-TtlIVINI in numbeE; and 2) tliJrogtllin{.tMl1'tJrding atIIi tht rulillf. ami
ils lea",rg I!J heart is nollM', like in the case 0 f breast feeding repotted by 'Aisha. Thiel, pp. 68-9.
66 Ibid., p. 70.

87
d. Types of NasJch
Shifil ackowledges [wo types of IUlSleh: lIoskh a/Q1IT"a" by the Quran and Ilas/eh 0/-
SunlUl by the Sunna.
67
Of the authorities, only Ibn al-'Ata'iqi is silent on the discussion of
the types of nas/eh.
61
Shu'lah discusses ooly abrogating the Qur'an by the Sunna.
69
Only
Makki and Ibn al-Jawz1 however mention bath types,O while SuyP mentions only
naskh a/-Qur'a" by the Qur'in.
71
While Na1}l}as and Suyp furthermore avoid passing
judgment on them, Makk1
71
and Ibn al-JawZi
73
declare them validated by consensus. On the
other hand, Shu'lah and Ibn al-'Ati'iq"i do not mention these two types, perhaps because
their treatises are only summaries, or because they saw them as established on the basis of
the consensus of the (Muslim scholars) , as Makkl and Ibn al-JawZi sure.
Among the types of nasleh which came iota dispute was abrogaJing the Qur'an f!J the
Slmna or vice versa. Shifi) categorically rejeets chis type, saying that it is not allawable,
67 Shifil"t, a/-RisiJa, p. 55.
61 NaQl:tis identifies four types of nl1S1eh disc:ussed by Muslim scholan: abrogating the
Qut'an by the Qur'n, abrogating the Qur'in by the Qu:r'in and by the SNIIntl, abrogating the SIllma
by the and abrogating the S/lllI/lZ by the S1I1rna. oI-Nisikh, pp. 2,4-5; Makk adds three
m01:e types: abrogating the Quin by the consensus and analogy, abrogating the consensus by the
consensus, and abrogating the analogy by the analogy. a/-.dJI, pp. 77-81; Ibn al-Jawzi oo1y
mentions three types: 1) ahrogating the Qut'in by the Qur'in; 2) abrogating the Qurin br the
S'I1UIQ m abrogating the StI1l1Ul by the Qur'in; and 3) abrogating the SII1l1II1 by the SIJ1f1Ifl. Ibn al-JawZi.
NfZllJtisiJ:/J, p. 25; and only mentions two types: abrogating the Qur'in by the Qur'in, and
abrogating the Qux'in by the SlInlllZ. SuyJi, al-It.qin. voL 3. p. 60.
69 Shu'1ah, JfI.fw"t a/-&isiJdJ, p. 93.
70 ai-Nankh, p. 2; Makl, al-lrIQl" pp. 77 and ao; Ibn al-Jawzi, NaDJisikh, p. 25.
71 1Il-1"l7r, voL 3, p. 60.
n Makk, a/-rJilJ, p. 77.
73 He caUs the consensus ittijq "'-'"lmn' (the agreement of Muslim schoIars). Ibn al-Jawzi,
Nl11l,ei.riIeJJ, p. 25.

88
because the Sunna funetions onlyas "taba'll1l li ai-KitaD
J
hi mithli 1IIi IIQ!.sa1t
J
ilia l'lltifas.rirat
l11a'II0111at/1IzalaAllan 11tlIhlljNmalan',74 (The Sunna should only follow what is laid down in the
Book, and that the SUlllf/l is intended to e..xplain the meaning of communications of general
[nature] set forth [in the BookD.
15
To support his idea, Shifi) quotes Q. 10: 15, Q. 13: 39,
Q.2: 106, and Q. 16: 101, saying that it is up to God to maintain or revise His words and
chat the Prophet Mul:ammad only functions as the agent of Qur'aruc explanation, Qot as a
substitute for the Qur'an. ibn al-'Ati'iqi 15, as usual, silent on this issue, while and
Shu'lab. discuss it but do not atttibute its first treatment ta Sbifit Mak.k1 identifies the group
that a1lows mis type as jurists from among the followers 0 f Milik ibn Anas, the ahl al- lm
(scholars), and the ahl a/-MatIllla (people of Medina). They hold that it is true mat the Slinna is
the explaoation of the but 'Where the Qur'an abrogates the SUltRa is in the area of
mm- and nahy (command and prohibition). Makkl gives one example in F;ladlth in general and
anothet: involving a I-;lmllth reported by many from many to illustrate bath t}-pes. The first
example is of abrogating th, Sunna f!J the Quran, as seen in the F;ImIlth on the .refusa! to permit
mao:i3ge ta a woman in the year of the fJudaybiyya, out of warry that she may still be a
I111JShrileah (polytheist/disbeliever). This was abrogated by Q. 60: 10, where it says that after
exmining' ber and-aetetni.ong chat she is tea1lya f111s!imah; mmis QO re-ason not to matty
her.
n
The second e.xample is of abrogatillg the Qllr'ill 1!J the SUIIna, and in particuhr
7. shi6
r
s, aJ-Risil4, p. 55.
75 We use Khadduri's temslantion with additions enc10sed in the brackets mat are mine.
Khadduri, ttans., a/-1JI11I ilm [titis aI-ShifiPs a/-Risa7a Ji U.sil a/-Fiqh: Trratis, QII th,
FfJNTUioJiollS of1slmllicJurispl7lt!ma (Cambridge: the Islamic Texts Society, 1961), pp. 123-4.
16 Sbifirl, al-Ririla, pp. 55-6; Khadduri, tcl11S., ai-lmam, pp. 123-6.
n Makl., ai-.diJ,,, p. 78.

89
the problem ofbequest. Ab al-Fanj (d. 331 or 332 A.I-L/943 A.D.) reported that Q. 2: 180,
\vhich pronounces on bequest, was abrogated by the Ff.atlith, "No bequest ta an heir.
u7
!
Shu'lah limits the acceptatlce of this type of 1taJ-kh to a SUftntl reported by many from many.
He proposes !WO reasons for fi.rst, since one is obliged to accept the SUllfta reported by
a multiply transmitter, the acceptance of abrogating the Qur'in I!J the SII1I1Ul or vice versa, and its
application are obligarory too; and second, he regards the idea of the equality of the
revelation of the Qur'an(wahy alQur'an) and the revelation of the explaaation VJ;al[ya/-bqyilI)
as a consideration in justifying the application of chis type of lIas/eh, since the Sru/Ila is
narurally, also from God.
79
Three of the six authorities -Naq.1}as, Ibn al-Jawz1, and SUYJl- admit that the idea
of rejecting abrogating the Qur'ill by SlInna, or vice versa, belongs [0 Shifi'i
lO
albeit noting
that Ibn al.Jawz1 also attributes this refusai to Sufyan al-Thawn. &1 Nal}l}as and Ibn al-Jawn
coasider Q. 2: 106 n and Na1.}l}is Q. 10: 15 as weil,13 ta indicate that the Qur'n and the
Sunna are not equaL. Naqqas mentions that due to the function of the SlinlftJ as the agent of
the Qur'an e,."planation, it cannot abrogate the Qur'an; N whereas Ibn al-Jawzi contends chat
Thid., pp. 78-9.
79 $t1ft'QJ a/-'&isikh, p. 93.
80 ai-NiJiJeh, p. 4; Ibn NrmWikh, p. 25; and aJ-Itqall, vol. 3, p. 60.
Il Ibn al-]awz, Nvisikh, p. 25
lSZ N-L.L.=- -. Ib al.I - 7\.r - 'LL ..,-
- UI-j,"lWUCI.I, p. n -JaWZl, ,L ... awaSlIf;lJ, p.
13 a/-NiIiJeh, p. 5.
M Ibid.

90
the Sunna and the Quran have different statuses, 50 mat either can abrogate the other.
85
In
addition, Ibn al-Jawzl cites a report from to the effec! mat ]abir ibn 'Abd Allih
(c. 78 A.H./692 A.D.), said that the Prophet said "My words do Qot abrogate the Qur'an, the
verses of the Qut'in abrogate each other."M On the other hand, does not e1aborate
on this point; he simply quotes shfi'i who said, "If it 5hould occu! that the Qur'an is
abrogated by the SImna, still there i5 with it [the Sunna] the Qur'n 5UPPOrtitlg ('a.did; it, and if
the Sunna is abrogated by the Qur'an, still. there is with it [the Qut'in] the Sunna supporting
it. By this explanation, it is clear that the Qur'in 1S in accordance with the SURIIQ ,,17
B. NASKHIN THE EXEGETICAL TREATISES
Eight Qurinic verses will he discussed in tbis section in the light of their treatment
in works by representatives of the four SllIlnt schoo1s:
SI
for the Ijanafites, Zamakhshan's
KashshiJ s, and al-Qur'an; 90 for the Milikites Ququbi's fam' li .AJ;Jeam al-
as Ibn al-Jawzi, p. 26.
86 Ibid.
57 ai-Itqin, voL 3, p. 60.
III Sayyid MuQammad 'Ali lyizi 1ists exeges based on the backgrounds of the authou. See,
al-Mz(IlSSiM: Wtl (n.p.: Wizirat al-Thaqm W3. al-Itshid al-Islini, 1373
A.H./1967 AD.), pp. 830-2, 834.
59 Zamakhshu (467-538 A.H./1075-1144 A.D.) wrote a/-Kashshjin Aabic language in foux
volumes, was written in the period of time between 526-8 A.H./ 1132-4 A.D.), and was published in
many versions. Ibid., p. 573.
?O full name was Ab Br ibn 'Ah al-Riz (305-370 A.H/918-783
A.D.). His l'!fsJr survived and \Vas initially printed in thtee volumes in 1347 AR. and reprinted in five
volumes in 1985. IbL, p. 109.

91
Qur'a;,s'l for the ShifiZites Taban's ]imi' ai-Bgatl' and Dun- ai-Mantlir?3 and for the
l:Ianbalites Ibn al-]awz1's Zad ai-Mastr.
94
In the case of the ij:anifite category, we have chosen
to include AllIeOm ai-Qur'a;, in addition ta Zamakhshan's work because of bis
interesting interpretation of Q. 2: 106. 95 As for the Shifi1te we have included two
works in consideration of the faet tbat since the object of mis research is to investigate the
legacy of ShafiZi's theory of nask1J, it would be useful to see how earlier and later
scholars responded to ie. In addition, works on Qur'inic studies are considered by
many to be among the standard works in the field
1. Naskb and its Re1ated Terms
a. Q. 2: 106
The six authorities ail agree that this verse bas an important bearing on the field of
naskh.
96
AU except J provide the circumstances for this yerse, and these relate the verse
91 full mme wu Ab 'Abd Allih ibn
(580-671 AH'/1184-1273 AD.). His lIJfilris in twenty volumes, and was initWIy published in 1952
and was reprinted sevet2l rimes since then. Ibid, p. 408.
91 Tabm's full name wu Ab ]a'fu Mu1}ammad ibn]wal-1;an (224-310 A.H./739-825
A.D.). His I4fslris in twe1ve volumes, and lw; been reprinted seven1 times. Ibid., p. 399.
93 full name wu Jalil al-Dm 'Abd al-Ral,mi
n
al-SuyP (849-911 A.H./l44S-150S
A.D.). His tafsiris in eight volumes and bas heen reprinted severa! cimes. Ibid., p. 458.
9. Ibn al-Jaurzi's full tWne was Jamil al-01n 'Abd al-RaPmin ibn ibn al-
(510-597 AH./1116-1201 A.D.). His ttlfiiris ineightvolumes. Ibid.,p. 391.
9S A1JUm aI-QItr'in, 3 vols. (Beirut: Dar al-Kitib al-'Aab, 1335 AH./1929 A.D.).
Janis only discusses two of the cine vetSeS; Q. 2: 106, voL 1, pp. 58-78; and Q. 3: 7, vol. 2, pp. 2-45.
He: discusses the fonowing chapters: Q. 4, voL 2, pp. 46-292; Q. 7, voL 3, pp. 28-44; Q. 13, voL 3, pp.
180-2; Q. 16, voL 3, pp. 183-194; Q. 22, voL 3, pp. 224-8; and Q. 45, voL 3, p. 338, but he does net
explain the discussed verses.
96 Abk.imaJ.Qur'Q", voL 1, 59; Zamakhshaii, a/.Karhshij; voL 1 (Beitut: D al-Macri&.,
ad.), p. 87; Ququbi, III-JIJti' 6A1)u", III-QIIr'i1l, voL 2 (Caim: Dir al-IGtib al-
c
Ar4Lb li al-Tibi'a wa al-

92
to naskh. Ibn and Zamakhshan cite the similar stating that the
verse was revealed when the Prophet Muqammad was accused of being inconsistent because
he oftea changed his orders. The specifie example given here is the change of direction of
the qibla from Jerusalem ta Mecca. They do not mention who accused the Prophet of this)
but Ibn al-Jawii and QUrfUb"i identify the accuser as having been a Jew (al-Yahutt;.9i Taban
mentions one report from Thawr ibn 'Abd ..'\!Eh indicating that IlfJskh may accur
due to (forgetfulness) implanted by God in the mind of the Prophet and his Follawers,
after which Gad replaced the abrogated ruling with a similar or better one.
91
SuyJi provides
two reports - one from Ibn 'Abbis and another from Ibn 'Umar which are similar to the
report mentioned by raban.99
AIl 51."( authorities intetpret Q. 2: 106 in the light of naskh as a suh-science of the
Islamic sciences. They randomly discuss the veae from the following points of view: the
canonical reaclin& linguistic usage of the term Izaskh, def1nitions, modes) types and
conditions. QUrJ:Ublloo and SUyptOl aIso mention the story of how 'Ali ibn Abl forhade
Muslims to teach the Qur'an without a prior knowledge of al-nisile.h ilia al-fI1rmskh. None of
them, however, e."(cept refeIS to Shifi.ll in the course of chis cliscourse from the
Nashr., 1967), p. 61; Taban, fion' a/.Bttytin 'flTI TI.I'Ml a/QNr'in, voL 2 (Caire: Dir al-M2.'irif, n.d.), pp.
471-2; a/-Durr tJi-MlJRlhiirJi al-Tafsir ai-MtI'thir, voL 1 (BeiNe Dit a1-Kutub 1990),
p. 197; and Ibn ZtJ(Ja/-ManTft Tint a/.T'!fsir, voL 1 (Beimt: Al-Maktab al-Islmi, 1984), p. 127.
97 Ibn al-Jawzi, Zid al-lv1a.rlr, \-"01 l, p. 127; aI-Jimi', voL 2, p. 61; Zamakhsha, al-
Kashshif, p. 87.
98 Taban,]iJni' al-B'!Jin, vol p. 472.
99 a/-DIIfTai-Manthiir, vol. l
r
p. 197.
100 aI-}timi', vol 2, pp. 65-6.
101 a/-Dltrr al-klanthiir, vol 1, pp. 200-1.

93
point of definition and modes of naskh, only Suy,l who does not provide them. Taban
draws bis definition of nfJSkh from this verse, describing it as the change of a ruling in a verse
by mat in another;l02 he then oo1y admits, here, one mode of naskh, i.e. abrogating the ruling tInd
Ilot the 1l/ording.
1OJ
On the other defines naskh as "the explanation of the period of
the effeetiveness of the ruling and the wording." Accordiogly, he draws from the verse two
modes of Itosleh: ahrogating the lIJording and not the n,Jing and abrogating the nlling, and not th!!
Z1Iordrg.
I04
Though Ibn defines naskh as abrogation/os and Ququbi and Zamakhshan
see it as rpla&t11Iellt,t1YJ they aIl mention the tluee modes of n'lJleh,tD7 while in addition, Ibn al-
Jawzt identifies the sautees 0 f the thtee modes as Ibn 'Abbas and Ibn Mas'd. It is said mat
al-Suddi (d 128 A.H./746 A.D.) reported that Ibn 'Abbis (d. 68 A.H./687 A.D.) had spoken
of the mode a!mJgating the llIortfjng and the ruli,,& while Muqatil ibn Sulaymin (d. 150 A.H./767
AD.) had identified the mode labdiJ al-iya bi ghqyriha (changing a verse by another), in other
words, abrogg/ing the llIording and not fhe fllJing as stemming from Ibn 'Abbas. Finally,
Cd 104/722) reported mat Ibn Mas'd (d. 33 A.H./653 A.D.) had first mentioned the
rernaining mode, abrogati1lg the mling andnol the rwrrfjng.
IOI
HP. Taba, Jiimi' aI-B'!);", voL 2, p. 482
103 Ibid, p. 487.
lOS Ibn al-Jawzi, Zada/-MfJJir, vol 1, p. 127.
106 Qur!:ub, ai-Jmi', voL 2, p. 64; Zamakhsha

, al-K/lshshtij, vol 1, p. 87.

107 Ibn al-Jawii, ZQJ al-Masir, vol 1, p. 127; Qur!:ubi, ol-JQmi', vol 2, p. 66; Zamakhshati, 0/-
Kmhshij; voL t, p. 87.
101 Ibn al-Jawii, ZofJ a/Matir, voL 1, p. 127.

94
In conneetion with the types of IIl1Skh, Qur!:ubl discuss the reasons offered
by the camp that rejeeted abrogating the QI/r'a" l!J SIJnlltl and vice versa. for this
part disagrees with their position. He asserts that bath and Ab al-Faraj al-Malik' (d.
331 or 332 A.H./943 A.D.) advocated this idea, arguing mat a ruling deduced either from
the Ql.1t'an or the SUllNl is in fact trom Gad He further buttresses bis idea by gi,,-ing
examples. The first example is of abrogatillg the Qur'o" l!J the S1I1lIlQ, illustrated by the ruling
that lashing the zaitt (the adulterer) is not applicable ta an elderly offender because the
Prophet abragated it. The second example is of abrogating the SUllno I!J the Q1I1"in, illustrated
by the case of the change of direction of the qibh wbich had been established by SlIlIna to
that which was decreed in the Qur'in.
10lJ
Qw+ub1 does nat identify the verse in question, but
Ibn al-Jawz1 in his NawaszeJJ alQz/rJan clarifies that this tradition was abrogated by Q. 2: 143-
145. no
On the other band, disagrees with the others on the rejectioc of the foanula
of abrogating the Qur'in I!J the SIIIIIUI or vice versa. For those who disagree with this point
are negligent, but he makes this statement without identifying who he had in minci. He offers
three reasOQS in support his argument. First he states that it is not allowed to interpret the
term ccbi !eht:rJrI millhd' (better than it/this verse) in Q. 2: 106 as applying tO reotation and
composition ("al!") because of its parallel with a/-ntisileh and ai-fIItl1l.f1/kh in the inimitability of
composition.
111
Second, the consensus of the early scholars (sa/afJ he1d mat this principle
does nct disprove the lUIt'" of the Qur'an, having interpreted this verse (Q. 2: 106), as
109 -I_r -.. L ?
X--!,WIJA, rM:JQ11IZ , vo -, pp. ;) .
uo Ibn al-Jawzi, Nem1isilW, p. 26.
111 voL 1, p. 60.

9S
meaning one of two things: taJ:hjiJ (mitigating) or fIIlJllaJ;a (advantage). In this purpose, the
Qur'an has certainly been abrogated by the SUlIna or vice versa. And none of ahl al-salafsaid
mat the term "hi 1ehr;yri1l minhi" was meant to refet to ai-tilDwa (recitation), sa that the
indication in Q. 2: 106 permitting the abrogation of the Qur'in by the SUlI1Ia is stronger that
any indication ta the contrary.llZ 3) e.xplains chat
... the nature of Q. 2: 106 a:u1y requires abrogaring the wording (naskh 8/-tildn
l
a) and
the verse does not refer co its m1ing. because Gad says. f'Whatever a verse do We
abrogate," The 98 is ttUly irnJ a/.tiJ.izva (the name of wording'J Uld there is nothing in naskh al-
tilmw tbat obliges it ta refer ta RtlSkiJ al-I;IUuIl (abrogating the tuling). If it is the case, it is
permissible to interpret its meaning as: whatever the wording of a verse do We abrogate or
cause to be forgottt.n, We bring a better one for you from a cettain source from the Sm11lt1 or
alike (the Qur'in].I.U
b. Q. 22: 52
None of the authorities appeal ta Q. 22: 52 as a device ta explain the science of
!trJSkh. They treat it merely as an example of the usage of the ward ntlJkh and a confirmation
on God)s part that He protel.1s His words from the intervention of devils (sh'!Y.fat).1l4 Nor do
mey mention 5hifill in mis connection.
Basica11y, they translate the word as meaning ib.til (annulment). Taban and QUI1=Ubl
conceive of it as ib.ta4
1l5
while Ibn al-Jawzl and Zamakhshan see it as ib!iI and idhhab
(eliminating),1.16 as iZillJ, ibli/and ibdal(replacement),117 and Suyp as abroga/oll.
111
112 Ibid
1.13 Ibid.
11. Ibn al-Jawii. Ziti ai-Maiir, voL S. p. 443; ]imi' al-B'!}Qir, voL 17 (Beirut: Dir al-
1987), pp. 134-5; l11-Jinti', voL 12, p. 86; aJ.Durr fl/.Mtmthtr. voL 4, p. 664;
aI-IVJshshij; vol 3, p. 37; a/-QIIf''in, voL 1, p. 58.
us Taban, jimi' d-Btgin. voL 17, p. 134; QurplD1, a/Ji/Iii', vol. 12, p. 85.
116 Ibn al-]awzi, Zado/-Maslr, voL 5, p. 443; Zamakhshaii, a/-Kashshif, voL 3, p. 37.

96
Ail, e.xcept devote their discussion 1argely to the circurostances of the
revelation of the vetse Q. 22: 52. In e:\."Plaining the cante.,'t of the verse, by my calculation,
Taban provides eight reports,U9 Quq:ub"i ten,12O and SUy]i thirteen in all. l21 Zamakhshan and
Ibn al-JawZi summarize the stacy toid by the exegetes in illustrating Q. 22: 52,122 without
mentioning their e.uet source. The ercumsta1lces re1ated ta this verse are however
debatable. Ququbl himself adroits that, "there is nothing valid in the traditions that report
on the circumstances of this verse.ut:] These reports were considered invalid because the
transmitters were weak. In he confi..cms that Bukha and Muslim do not include
any report on the occasion of its revelation.
1
:!4 Prior to him, Ibn al-Jawz1 had been aware of
this, and had said mat the editars 0 f fJadith (a/-1!I11I}aqqiqiin) believed that the reports related
U7 a/-Qu;" volt, p. .58.
ua alDtITTa/-Ma1lJhIT, voL 4, p. 664.
119 1) Al-Qisim &om Mw,ammad ibn Ka'ab 2) Ibn 'Abd al-A'li frem Ab al-Atiyya;
3) Ibn al-Muthanni &am Ab al-Aliyya; 4) Ibn Bashar fram SaCd ibn Jabr 5) Ibn al-Muthanni from
Sa'id ibn Jubayr; 6) MuJ;wmmd ibn Sa'ad from Ibn 'Abw; 7) Husayn &cm and 8)
YDUS from Ibn Shihib. Taban,Ja;,,;' ai-Begin, vol 17, pp. 131-3.
1:'0 1) Al-Layth; 2) Qatida; 3) Wiqi.; 4) Bukhan; 5) Ibn 'Apyya; 6) Bukhati and Muslim; T)
Ab Sba'ba and Ab Basb2r from Sa'id ibn Jubayr and Ibo 'Abbas; 9) al-Kalbl from Ibn
'Abbis, and 10) The tt2l1Smitter is nat mentioned. aI-]im;', voL 12, pp. 80-2.
ln 1) 'Abd ibn Ijumayd and Ibn al-Anbai from Ibn Abbas; 2) Ibn Abil;Iitim from Sa'ad
ibn Ibriliim ibn 'Abd ibn 'Auri; 3) Ibn al-Mandhur and Ibn Am &am Mujihid; 4)
'Abd b. l:Iumayd &om Ab S) Al-Bazar, al-Tabrii. Ibn Marda\Viw and al-Dayyi' from Sa'id
ibnJubayr and Ibn 'Abbis; 6) IbnJ3ir, Ibn al-Mandhur. Ibn Abi I:Iitim, and Thn Matdawiyya &om
Sit"Id ibn Jubayt; 7) Ibn Janr and Ibn Mardawiyya &om Ibn 'Abbis; 8) Ibn Mudawiyya; 9) 'Abd ibn
and Ibn Jaiir from Ibn Shihib; 10) Ibn Am Ijtim From Ibn shihib; 11) al-Bayhiqi from
Msi ibn CUqba; 12) al-Tabani from 'Urwa, and 13) Sar'Id ibn and Ibn Jaiir. a/-Dtm'
a/-Manthir, voL 4, p. 661-2
122 Ibnal-JawD, ZidtJi-Manr, voL 5, p. 441; Zamakhshan, aL-KashshiJ, voL 3, p. 37.
Qut1ub1, al-fmi', voL 12, p. 80.
l24 Ibid.

97
to this verse were invalid because the Prophet Muq,ammad was However, the
reports continued ta draw the attention of the exegetes. A case in point 15 the faet chat Ibn
(Abbas's report i5 quoted by l'aban, Qurplbl, and Suya. While raban does not judge the
report, QurPlbi grades it as uncertain, yet alIows people to repeat the story. SUyii for chis
part says chat the cransmitters of chis report were qualified.
1
:!6
c. Q. 45: 29
As with Q. 22: 52, the discussion of Q. 45: 29 by the sigbt interpreters is likewise
empty of any comment on the theory of nas/eh, and wherever the word is referred to it 15
used only in the of irtiltSik!J, or ropying. Taban and Zamakhshan qualify the word as
istiktab (dietation),127 while Ibn al-Jawii and Ququb"t translate it as naskh (copying),111 and
and identify it as lIaql (copyillg).I19 None of them provide any circumsunces of
revelation. Howe,"er, witb the exception of and Zamakhsha, they interpret the verse
in the light of the traditions of the Companions. Taban provides four reports,1JO
SL"{1Jl and nme.
L3
! Ibn al-Jawz1 on the other band directiy interprets the verse without
125 Ibn al-Jawzi, Zida/-Nfaiir, vol. S, p. 441
U6 Taban, ]1Jli' ai-B'!JaR, vol. 17, p. 133; ai-JnJi', vol. 12, p. 82; Suyp, Q/-D1Irr al-
Mallthir, voL 4, p. 661.
121 al-B'!Jin, vol. 25, p. 94; a/-lVJshshij, voL 3, p. 440.
121 Ibn al-Jawz1, Zti o!-Maiir, voL 7. p. 365; al-Jimi', voL 16, p. 175.
129 A1Jkam ai-Qltrin, voL 1, p. 58.
130 1) Ab l<aJib from Ibn 'Abbas; 2) Ibn I:Iumayd from Ibn 'Abbas; 3) Ibn I:Iu.mayd frem
Ibn 'Abbas, and 4) Al-J:Iasan ibn 'Ir&h &am cAli ibn Amralib. Tabaii,Jnti' a/-Baytitr, voL 25, p. 94-5.
131 1-3 &onl Ibn 'Abbas; Al-l:Iasan; 5 and 6 the transmitters are net mentioned. QutJllbi,
a/JllI', vol 16, pp. 173-6.

98
reference ta tr.lditiOQs. Regarding the word istinsa"lh, he refers ta the exegetes
identifying them, saying that this kind of istin.sa7eh cornes from the fll-,'Ull#t (the
preserved tablets), on which the angels record the deeds of human beings every year (111
other reports, every day) and he mentions two opinions reparted respectively by al-Farri'
and al-Zujaj.1J3 Al-Faui' explains that the two angels inscribe the record of the deeds of
every persan, and then Gad detennines which is ta he rewarded and which punished, and
deduets any mistake (Ioghrv). Al-Zujaj makes a similar point without identifying thase who
record the deed.1J4
d. Q. 7: 154
This verse uses the ooon fonn nuskhaJ (mscription), and e.\."Plains that the inscription
brought by the Prophet Msi was a Divine guidance and mercy. Once again, the six
authocities, e."icept treat the word in a linguistic sense, interpreting it as equivalent ta
fUVJI (copy).lJ5 Ibn al-Jawii, quoting Ibn 'Abbas and Ibn Qutayba, e.xplains that by "1IIa.f
nusk!JfJtihJ' (and in its inscription) can be meant cither "Jl/QJima baqtJQ mi1lh(J' (and from the
[est of it) or "WQfll1li IUlsikhajfhrl' (and itam what is recorded). 136 shares Ibn al-JawZi' s
1 and 3 IbnJaiit &cmIbn 'Abbis; 2) Al-Mundbr &am Ibn 'Abbas; 4) Ibn Jw &am 'Ali
ibn Ab TaIb; 5) Ibn Mardawiyyu &am CUmar ibn Khanab; 6-7) Ibn Manhwiyya &am Ibn 8)
Ibn Mardawiyya and Ab NaZjm from Ibn 'Abbas, and 9) al-T:abtinl from Ibn 'Abbas. a/DtITr
ai,\1.anlhlfr, voL 5, pp. 760-1.
133 Ibn al-Jawzi. Z4d a/-Masir, voL 7, p. 365.
1:U Ibid.
1)5 Ibn al-J:aw, Z4dal-MaiIr, vol 3, p. 267; TabaD, lion' aI-Bayill, vol. 9, p. 49; Zamakhshati,
a/-KashshOf, vol 2, p. 96; QurJu1:ii, ai-Jimi', voL 7, p. 293; suyiip., oiVmra/-i.'Wtmthm-, voL 3, pp. 236-7.
136 [bn al-Jawzi, ZidaI-Maiir, vol 3, p. 267.

99
stand in that he quotes Ibn 'Abbas's opinion from Ibn Abl f:Itim, accepting that it means
"1IItl jUna- baqtya I1InhJ' (and from the rest of it).137 Meanwhile, Taban, Qurplbi and
Zamakhsha. share Ibn Qutayba's opinion, which Ibn al-JawZi. aIso quotes, i.e., that it me3!lS
"1110 pm.i ntlsikf;a jihJ' (and from what is recorded).138 In faet, wherever the word nuskhat in
chis verse has been interpreted, it has been seen as referring not to the discussion of al-nasz"kh
and ai-mallsiikh, but to the recording of the guidance and mercy of Gad.
2. Other Terms Related ta the Discussion of Naskb
a. Q.16: 101
A.ll authorities, e.'Xcept anchor this verse 1fi the discussion of fZas!eh,
interpreting the word tabdli (the noun foan of as naskh.
1J9
raban confines his
interpretation of the ward ta "replacement of a ruling."IoW shares Taban's opinion
mat the word labrill signifies replacing the ruling of a verse Zamakhsban and
do not say whether the abrogation is of the ruling, or of the wording, or heth of the ruling
and the wording together:
4
:! Ibn al-Jawz1 clarifies the fact that the replacement of a verse
137 SUyrJ, a/-DIDf' a/-MmrtJM, vol 3, pp. 236-7.
l3a raban. fion' a/-Bayan, vol. 9, p. 49; ZamakhshaO, a/-KarhshOf, vol 2, p. 96; QurfUbi, ai-
limi', voL 7, p. 293.
139 Tabaii, Jimi' ai-Bayan, voL 14, p. 118; Zamakhshaii, al-KashsiJi,{, voL 2, p. 344; Ququb, ai-
fQmi', vol 15, p. 176; Ibn al-Jan, uri al-MtzslT, voL 4, p. 491; tJi..Dwr al-MfJnJhm-, voL 2, p. 246.
1..c Taba,fcii' al-Bigi., vol 14, p. 118.
141 al-]inJi', \"oL 15, p. 176.
ZamakhshaD, a/-Kttshshij, voL 2, p. 344; a/-D1l1T al-Manthiir, vol 2, p. 246.

100
here can consist in either abrogating the ruling and wording, or abrogating the ruling and not
the wording.
141
Suyp cites a Ffadith to illustrate the occasion of revelation of Q. 16: 101,1# one that
seems to have no relation at ail ta naskh. In fact, in bis LJiba?J al-NI/qii'Ji Asbat, a'-
N1I\Ji takes no notice of the circumstances behind chis verse.
145
Ibn al-Jawz1 on the other
hand provides a circumstance reported by Ab from Ibn 'Abbas, stating that God in
this case revealed a verse and chen revised it. Furthermore, according to the report, he
explains that the disbelievers of Quraysh believed that verily Mw,ammad had obliged his
Companions to do a thing, once, and then prohibited them from daing so another rime. For
these Q. 16: 106 was revealecL
l46
The rest of the authorities are silent on the
circumstances surounding th.is verse.
Taban, Zamakhshan and Ibn al-Jawzl relate aIso that naskh occurs because Gad
effers it as one of the advantages for Muslims. They accuse those who do Qot believe in
IUlSkh of being ignorant; Taban suspectS chem as well of being ignorant of the nature of
nasklJ,l. while Zamakhshan cOQsidea them ta be simply ignorant of the science of lfasleh.
l41
LoO Ibn al-Jawzi, Zaa a/-Marir, vol 4, p. 491.
144 Suyti quotes a report of Ab Oiwd in his work al-Nisikh, Ibn and al-
F:rakim from Ibn when he explains Q. 16: 101 and 110. Ibn said that 'Abd A11ih ibn
Ab Sart]. wrote [a letterJ ta the Prophet MuJ::wnmad, the satan dispersed him and met with the
disbelievea. The Prophet ordered bis Companions co kill himinYfmll!l a/fotl} (the day of \l'ctory), but
'Uthman, the Companian, asked him te release 'Abd Allih ibn Abl Suih the Prophet released him.
a/-DIItTtJl..MallthKr, vol 2, p. 246.
145 uba1J tJl-Nltf{l4 pp. 176-7.
1"6 Ibn al-JaW?i, Zad a/-Maiir, vol 4, p. 491.
Taban,]lri" voL 14, p. 118.
1-41 ZamakhshUi., a/-Kashshij. vol 2, p. 344.

101
Ibn al-Jawz1 says that they were ignOtant because they did not know that Gad had revealed
the Qur'an with IIaskh, and because they did not know its advancages.lol9 Zarnakhsha and
Ibn al-Jawzl bath daim that the provision in the nisileh cm be either hatSher or milder than
mose in the according to the former, this is because al-1tIlSikh is based on the
advantages (mtl!/aJ;al) embodied in it.151 on the other hand insists that most of the
authorities considered that al-nasiJeh shauld be hasher than al-fJfallskh.
lS2
None of the six authorities mentions Shifi' as a source in discussing Q. 16: lOlo
However, Zamakhshan does take the opportunity to aff101l the principle 0f abrogating the
Qur'(i,z i!J the Sun11 and vice versa, which Shafill had originally advocated. According to
"the Quan abrogates a similar thing and 50 there is 00 impediment ta the
Qur'an's being abrogad by another thing [the S:n:na}. In f:let, the Sunna, whea reported
multiply (Sunna al.f111llin1atira) is like the Qur'in in mat one is obliged to know it; thus, the
Qur'an cao be abrogated by the SJtnna/' Moreover, he maltes it clear that timi', q{yis, and
Sl/ltna not reported by many are dissimi.1ar ta the Qur'aa. Accordingly, these cannat abrogate
the Qur'an.
1
!i3
149 Ibn al-Jawzi, zai-MaJir, vol 4, p. 491.
150 Ibnal-Jawzi,. ZQd vol 4, p. 491; Za.makhshaQ, al.KtJJh.shij, voL 2, p. 344.
151 Zamakhsha, oI-KmhshiJ, vol. 2. p. 344.
152 Ququli, al-Jnti, vol 15, p. 176.
153 Zamakhsha, al.&Shshif, vol. 2, p. 344.

102
b. Q.13: 39
This verse is unique in chat the e:cegetes state severa! different vie\vs in reference ta
it. Ibn al.-J3wZi classifies the interpretations of the verse into eight opinions: 1) as 'imm, in
that Gad blots out and establishes whar he wills, incll'lding ''!il (appointed cime), sa'iria
(happiness), and shaqiwa (sadness); 2) as al-lIisileh and al-manmkh; 3) God blots out and
establishes what he Votili, except shoqawa, fa'ida, life, and death; 4) God blots out and
establishes what he wills, except shaqillla and sa
t
id4; 5) God blots out those whose rime has
come [death], and establishes wbose rime bas not come; 6) God entses cne's sin and grants
one forgiveness, or confians one's sins and does not grant forgiveness; 7) Gad erases any sin
done by a human being if he perfomls tawba (repentance) and replaces it with !;asanat
(,,;tues); and 8) Gad etaSes whatever is on the preserved tablet (diwan chat does not
entai! rewards or punishments, and establishes what :lre rewards and punisbrnents.
154
In chis case, we focus our discussion of the verse on the explanation related ta
naskh. Although he does not choose to interpret the verse in the light of ItaSkh, raban
summarizes the camp advocating this explanation, which is that God abrogates and
establishes His rolings according ta Fris wilL Tc support bis review, he quotes four reports.
1S5
Zamakhshan interprets the verse in the light of naskh at the first place, saying tbat God
abrogates what He wi1ls and establishes tes replacement based on the advantages embodied
in the abrogating verse, or leaves them unchanging.l56 Ibn al-Jawzl simply repeats tilat God
154 Ibn al-Jawzi, J aJ-MoJir voL 4, pp. 337-8. Simb.r discussions are found also in raban,
fimi' oi-B'!JOn, vol 13, p. 111-5; Qur!:ub1, a/-Jilni', vol 9, pp. 329-33; Zamakl1sllaii, al-Kashshij; voL 2,
p. 291; Suyp., aJDIITf' a/-ManlhNr vol. 4, pp. 122, 125-6.
15S 1) AlMuthanni from Ibn 'Abbs; 2) MuQammad ibn 'Abd A'Ii from Qatida; 3) Ynus
&cmIbn Zayd, and 4) al-Qisim fromIbn]aiij. TabUiJimi' aI-Bt!}'in, voll3, p. 111-4.
l56 a/.Kmhshij, vol 2, p. 291.

103
abrogntes al-l11tJllszleh and establishes af-niSikh and identifies the reporter of chis view as Ibn
'Abbas.
L57
Qurp.tb"i mentions two reports: 1) from Ibn Zayd, and Sa)d ibn ]ubayr,
and 2) From Ibn 'Abbas, conftrming similar point that of Ibn al-Jawzi's quotation with an
addition chat the tenn UI1InJ ai-Kita7J in the verse translated as al-nasikh and a/_mallsu"}J,.151
reviews mis camp by quoting four reports which are similar ta those in Qurt:ub1's
quotations, and one report by Ibn Jac from Qatada which equates the meaning of Q. 13: 39
with Q. 2: 106.
159
c. Q. 4: 160
J 15 silent on tbis verse, while the other authorities discuss it but do not relate it
to ""skh. One point that is made 15 that God replaced ms ruling when humms did wrong (aI-
;J,lm) Jnd al-Iadd 'ait saMf AUh (hinderi:ng from the way of Allah). The exegetes explain mat
the pronoun htl1'1/ ethey) in the verse refers tO the Jews, whom Ibn al-Jawz1 calls ahl al-
Tmvra.
L60
In this verse, Gad explains that He changed the law of certain good foodstuff from
lawful to unlawful, because the Jews cammi.tted and hindered people from the of
Allah. Zamakhshan classifies here as refeaing to great wrongdoings (ai-kabi'i'lj, while
Ibn al-Jawz1 clarifies al-lJI"" by quoting Muqatil who interpreted it in the light of the
follo'wing verse Q. 4: 161, saying mat may be meant, here, as spending another's
157 Ibn Zada/-Ma.iir, vol 4, p. 337.
153 vol 9, p. 331.
139 fli-Dttrr a/-MlJ1Ithir, vol 4. pp. 125-6.
l60 raban, Jm' al-B'!Jo-", voL 6, pp. 17-8; Zamakhshari, o/-Koshshf, vol l, pp. 12-3; Ibn aJ-
Jaw7.i, Zid a/.Mir, vol 6, p. 250; QurJuIi, vol. 6, pp. 329-33; Suyp, a/-Dun- eti-MIl1Ithiir, vol
2, p. 434.

104
propeny unlawfully and bribery. Overa1l, l'aban, Zamakhshan, Ibn al-JawZi, Qurr:ubl, and
in no way relate the verse ta the discussion of !:askh. Nor do they refer ta Shafi'i in
this conneetioo.
d. Q. 3: 7
Though is silent on Q. 3: 7, the other exegetes treat it in a variety of ways.
Zamakhshan simply rejeas noskh as one possible interpretatian ta chis verse.
161
Ibn al-J3Wii
focuses on the interpretion of t'Wo key teans of the verse: ;;yi! mupleama (clear verses) and
ayi m:tlashatnhat (unclear verses). According to hm, there are eight interpretations for the
phrase iyat !II1lJ;leamat and seven interpretations for We will focus oaly on
the interpretation of these two key terms in 50 far they are related ta naskh. Like Ibn al-jawzi,
Qutplbl, and Suyti relate iyat nnl!)leomt ta iyit nasi/ehat and tiyit 11111/asha77ihrit to (iyrit
nJ"'lS/kha. Ibn al-Jawzl, 1;aba, and SUyii cefer ta Ibn 'Abbas as the source and al!
but SuyP-' refer also ta Ibn Mas'iid and Qatida. "raban and alse refet al-Qai}l}.ik
Ill! Zam;akhstwi, voL 1, pp. 174-6.
162 The eight intetprctations of iJOt IJllI1IUlitit are: 1) aI-Jltisilt.h, from Ibn Mas'd, Ibn CAbbas,
al-Saddi, etc.; 2) a/.qfJI4J (la,,-fu1) and a/-{Jor- (unbwful), &am Ibn 'Abbis and Mujihd; 3)
that is what scholus know its Jibir ibn 'Abd ADih mentioned it; 4) the verse which is
net abrogated, &om 5) the veue which is net open te many intetpreutiODS, &cm Ibn
Zayd; 6) the verse which is dcar and the is no need for explanation, from ibn i:bnbal.
Shfil and Ibn al-AnbaD said tm.t dUs verse does not need any except one; 7) the
whole Qur'in except a/-/pIri( a1-IN:{fJ/Itl'tl (mysterious lettea); 8) it is a/fJ1l1r fli-nllhy
(prohtbttion), tzI-_'4 and al-woU (promise and threat), and aI-l}armN, &cm fli-q.ii Ab Ya'li.
And there are seven inrpretations fut the meanings of iga JII1ItIlshibiho; 1) it is m-mlZ1lSl1elJ, Erom Ibn
Mas'd, rbn 'Abbis, ete.; 2) it is a verse mat scholars do not have a way [0 know ie
like the clay of hereafter, &cmJibir ibn 'Abd Al1ih; 3) it is a/-Puri! fli-IIlUljl1/.1fl4 (mysterious letters),
trom Ibn 'Abbis; 4) it is a verse which its meaning is uncleu, &om Qatida; 5) it is a verse that bas
many wordings, &cm Ibn Zayd; 6) it a verse mat bas many interpretation5, Ibn al-Anba said mat aI-
Dnlljkmn is vetSe chat does not open te MOUS nterpretations and al-nlUltlShaDihi is vice versa; 7) it is
aI-q/ljQ.f (staries) and a/-fI1IIt1JiJ, !romai-qll7i Ab Ya'li. Ibn al-Jawzi, 'Zada/.Masir, voL 1, p. 350-1.

lOS
and al-Rabi' as weIl in this conneetion. In addition, Ibn al-JawZi mentions aIso al-Suddi and
makes obscure reference le ot.hm. SUyp mentions the sources orny from Ibn 'Abbas.lM
Here, Shifi'i was consulted by Ibn al-JawZi and SUyp, but not in relation ta the discussion
of nasleh.
163 TabaD,Jm' tIi-Btgin. vol 4, pp. 114-5; ai-fimi'. voL 3" p. 10; Ibn al-Jawzi, Zid ai-
Mir, voL 1" p. 350-1; al-DurrrJI-Mtl1IJh:r, vol 2, pp. 6-7" 10" and 12.

106
CHAPTERIV
CONCLUSION
When treating writings on 1UlSkh as Iiterary works, one cannat negleet the faet that
they deal with principles rooted in divine revelation. Like other authors on nas/eh, Shifill
based his epistemology on this perspective. We find that Shifill's theory of nasleh refleeted
the wish of the author ta take part in the dispute between the traditionists (ahl al-F;IadIth) and
rationalists (ahl al-ra'j. As he had in the case of I-Jadlth, ShaIiZi foanalized the subjeet of
naskh in such a way that it should form a part of a Muslim's application of his faith. To
achieve this, he made naskh a re1ational device, in that he considered 1UJ.J!eh ta be conneeted
ta other key tenns such as /aleJJi[; and isti!hna-' and treated it as an integral packet of
systematic principles of method of inquiry and Islamic source theory.
In short, Shfi'i's theory of nasleh represents a new step, though one still at the
developmental stage. His theory of 1Iar/eh is comprised of three basic elements (abrogating a
juristic ruling by another one, al-ta'a/ehkhHr, and differentiating the term 1ItlSkh from other key
terms), based on four conditions (that there should be a confliet between al-nOsileh and al-
mansiikh; that the ruling of a/-mansiikh must be established before determ;c;llg al-nQs;kh; that
al-1Iasikh and al-lIItmSlkh should be in the area of shan'a; and chat al-Ifisileh has to be
established in a similar or better way than in which a/-mansuleh was established) and
chamcterized by two modes (abrogat1Ig the rtJ/illg but 111)/ the 1:IIording and abrogating the wonli1lg bul
Ilot the ntliniJ and [wo types of naskh (ahrogati1lg theQur'a1l i!J the QtlrJa-" and abrogating the Sun1la
by the S1I1111a)

107
From our discussion of the introduetoty sections of 6.ve works -al-Na1?Jtis's al-
NJikh wa a/-MtlItIiiIeh, Makk"i's a/-I.da7;, Ibn al-JawZi's Nr.nvisileh, Shu'lah's $afivat a/-Rasi/eh, Ibn
al.-"Aca;iqI's a/-Nisikh DIa a/-Mllllsii/eh, and the section on nasleh in SUyii's a/-IJqal- we found
that in geneol theory of nasleh was rnrely consulted. The only rime where is
mentiooed is in order ta refute bis rejeetion of abrogating the Q,,"'an by the SUItlIll or vice versa.
Na4q.s, Ibn al-JaW21, and accept tt, while Makkl and Shu'lah refute this opinion but
they do not identify who advocated it. Ibn al-Jawzl attributes this idea not only ta Shifili but
to Sufyan al-Thaw. MakKi allows the Qur'n be abrogated by a I-Jadith whether this
latter has been multiply reported or not, but ShuCWl confines its usage only ta the Srmna
reportcd multiply.
From a comparative point of view, wc fmd chat in acccpting the existence of nasle.h,
and the authorities share the same opinion in that they consider IItlS!eh ta be che
exclu:iiye right of God. However, with the exception of Ibn al-'Ata'iql, chey propose a
slightly different view from Shifi'i in that they seek both logical and religious proofs, while in
addition Shu'lah and add consensus as a factor in justifying the subjeet. Meanwhile,
Shafi) holds that nasJeh is part of religious obedience. In evaluating the importance of /tI1s/eh,
Shati'i restricts llimse1f to the Qur'an, quoting Q. 14: 51 and Q. 16: 9, whereas the si.",
::lUthorities go further, and base themselves not ooly on reIigious doctrine, but aIso on the
l1isrorica! report referred ta above that c.-\li ibn Ali had prohibited preachng on the
Quran without knowing about RIlSIeh. In addition, Shu'lah and interpolate the
consensus ofprevious Muslim expetts as another point in favo! of naskh.
Regarding the theory of naskh, of the authorities, oaly Ibn al-
c
Ati'iql does not
discuss types of nasleh or differentiate it from other key tetInS, like badQ' or takhPi In

lOS
approaching the same topie, Na1}.l}is only distinguisbes nasleh from bada'. Others differentiate
xt l1fJt only from bada-' but aIso from tokJJ;ls. However, none of them acknowledge as
nne who initiaIly formulated this distinction.
Shafili's insistence on t\Vo modes of naskh, furthemlore, is consistently refuted by the
SL., aurhorities in that they posit three such modes. Makkl, even adds three other modes,
exrcnding the tirst mode (abro,gating the ming and /lot the Q/ordiniJ into three and the second
(abrogptillg the llIorriing t:l1Id ru/ingJ into two, and adding a new mode, God's obrogaJion ofthe prtlcfi
0I the Pmphel altd his Companicns in llIhkh th!] didil bifore.
Finally, like ShfiiWl, Nal}q.as, Ibn al-'Aticiql and negleet ta formulate the
conditions of naskh. However, Nal!.4s ratifies four of them, while Ibn al-'Ata'iq"i and
nnly r:ltify the third. Shu'lah for bis part adopts Shifi)'s formulations. Yet MakKl and Ibn aI-
J go further, deriving still other conditions. Ibn al-Jawzl for instance separates the third
forml.1btion into two, while Makl breaks them down into seven, even as he notes mat the
sc'cnth seems ineligible for inclusion.
The phenomenon of naskh in the Qur'an, as discussed in chapter 1, can be explained
ln cicher of two ways: as motivated by Gad or as stipulated by the Qur'inic conte."<t.
.L\.ccording co the 6.rst view, God, as the "awner" of the Qur'an, is concerned with His
rcyebtion. His concem is expressed in his confinnation that He maintaitls His revelations, as
is ret1ccted in the following venes: Q. 2:106, Q. 22: 52, Q. 45: 29, and Q. 7: 154. Moreover,
the VC1"$es that precede and follow the narkh-verses and the citcumstances behind the
rcvclation of the latter illustrate a sense of maintenance, modification, correction and
annulling/abrogation. This nuance is confirmed by the related tenns discussed in Q. 16: 101,
Q. 13: 39, Q. 4: 160 and Q. 3: 7.

109
From our examination of the treatment of eight verses (Q. 2: 106, Q. 22: 52, Q. 45:
29, Q. 4: 154, Q. 16: 101, Q. 13: 39, Q. 4: 160, and Q. 3: 7) discussed in tafslTS
(Zamakhshan's al-Kashshij, al-]ami
t
li .Abkal1l af-Qurin,
Tabart's Jamie al-B'!]till, Suyii's al-Du" al-Man/hiir, and Ibn al-]awzl's zid al-Afaiir, we found
ShafiZI was rarely consulted. Of the six authors (faban, Zamakhsban, Ibn al-
]awzl, Ququbl, and Suyp) only Qw:p.1bl mentions Shati) and Ab al-Faraj as belonging [0
the camp mat rejected the application of abrogatillg the Qttrin by the Sunna or vice which
he refutes when he discusses Q. 2; 106. also refutes this idea in the same verse but
does nut mention Shafi'i. Zamakhsban also refutes it when he interprets Q. 16: 101. When
discussing Q. 3: 7, Ibn al-Jawzl and coasult Shafi'i but not in relation to the discussion
of na,J'kA Only Q. 2: 106 and Q. 16: 101 are iaterpreted by the si.x authorities in the light of
Ilt.Jskh as a science. All. interpret Q. 13: 39 and Q. 3: 7 in the light of IttlSkh, but
only as one possible iaterpretation. Once agaia, with the e."{ception of they review Q.
4: 160 not in relation to IU/skh, but in explanation of God's replacement of a certain ruling
because the Jews had done did wrong and suayed from the path of God. The si."< authorities
discuss the test of the verses in the light of their linguistic function, and thus respectively
incerpret the \vord nasle.h in Q. 22: 52 as abrogation, in Q. 45: 29 istinJtikh and Q. 7: 154
f/11.'iJehat as copy. Nas/eh as tabrlll (replacement) is judged to be the meaning of Q. 2: 106 and
Q. 16: lOlo
Having summarized Shifizt's theory of naskh and its influence in the 'u/iim alQur'in,
$eyeral points Carl be mentiooed hete. Firstly, we find that Burton's, Wansbrough's, and
Zayd's insistence 00 the assumption of having been the earliest ftgure ta
systcmatize the discourse 00 ll/lSkh fails to take into account the Caet mat there was an eadier

110
attempt done by the previous authorities. Qatida ibn Di'ama's al-Nisileh 1IIa al-Manszikh and
Zuh!'s a/-Nisikh 11/a a/-MansiikIJ were two similar attempts that cannot be neglected. What
cao be said however is that s h i f i ~ s theory of 1tflS!eh represents the earliest attempt ta regulate
the field, but in me sense mat rus achievement does not diminish Qatida's and Zuhn's
contribution.
It can also be said mat Burton's assumption chat s h i f i ~ inveoted one mode of Ilas!eh,
i.e., abrogating the wording and the f'llling is negligent. As far as we can detetmine, Burton fails to
point out that Ibn al-JawZi discovered mat Ibn 'Abbis named this mode. Moreover, Ibn al-
Jawz1 believed that three modes of 1lOSkh had came inta being before Shfi'i's rime, crediting
Ibn 'Abbas with having mentioned the mode of abrogating the wording and the ntling, and Ibn
Mas'd the mode of abrogrJ/ing the ntling and not the Il/ording.
Our aoalysis confirms Hallaq's opinion that al-Risa7a was marginal in Shafi'i's rime
and remained 50 up ta the lare ninth cennuy. Ab 'Ubayd, who died twenty years after
ShafiZi does not quote the latter in bis Ki/Ob a/-NiSileh Il/a a/-M(J1lsileh. Though Burton
assumes chat Ab 'Ubayd did not know of shifiZI's contribution, another editor of this
treatise, al-Mudayfar, asserts that he was aware of this. He even infoons us that the ewo
figures were in dispute OVe! juristic matters. However, the fact that Ab 'Ubayd does not cite
Shafi) in his work is a cleu signal of the marginality of h i f i ~ s theory of fllJSkh in his own
day. Another finding is that, of ail the authorities that we discuss in the case of distinguishing
naskh from other tenns, :lot one credits Shifi'i as the fu:st schola! to have identified the
divergence. As a matter of faet, no matter to what school each commentator adheres, he
kceps silent on this point. However in the case of the rejeetion of abrogating the Qur'an by
the Sunnfl or vice versa, the background of the authors is closely conneeted ta their approach

III
to the question, with the exception that Ibn al-Jawz1 (a l:Ianbalite) shares with (a
Shifilite) and Suyii (a Shifilre) in rejecting it. This may have been because the teacher of
Ibn al-Jawz1, A1}mad ibn I:Ianbal, had the same idea as ShifiZi. Thus Shu'lah (a fJanbalite),
Mald (a (a Ijanafite), Zamakhshan (here, we classify him as a I:Ianafite) and
Qurr:ub1 (a Malikite) aU disagree with mis rejection. and Zamakhshan even fail to
mention the camp mat rejeeted this principle.
However, as far as we are concemed, shifil's nasleh played a significant role in a
sense that its significance lies in the boundaries and systematization he set up to allow it to
operate within the areas of deduetion of law, as weIl as in its interpretation of the Qur'an but
with more controllable patameters. Wa Allih a'lam.

112
BIBLIOGRAPHY
Ab 'Abd Allih, KitaD jJ Marrifal ai-NisiJe.h DIa ai-AJa!tJiikh. Printed on the
margins ofMallalIi's Ta/sr,. a/-JaGhyn. Cairo, 1342/1924.
Ab Zayd, I:Iimd. AI-Imam al-Shifilllltl Ta'sls aI-r1fpili!jtJya al-Wasa!i.Jya. Cai!O: Dar al-
Taba'a al-Mutamayyiza, 1996.
'Afiinah, Jawd Musa Mulfammad. AI-Ray a/f(J1JlfJfJ Ji Man,fu7eh fJI-Kitoo. Amman: Dar al-
Bashir, 1991.
KhaIid 'Abd al-Raman. U.sii/ ai-TafsJrllloQawi;cduh. Beirut: Dar al-Nafi'is, 1986.
Ansa11, Zafar Ishaq. ''Islamic Juristic Tenninology before Sifi): A Semantic Analysis with
Special Reference to Kfa." Arubka 19 (1972): 255-300.
Asna'\v=i, lamaI al-Dm 'Abd al-R.aQmn. Tabaqat a/-Shijiftya. Ed. 'Abd Allah Jubun. 2 vols.
Baghdad: Ri'asat Diwan al-Awqaf, 1970-71.
Azami ale, M.M. On SdJQ,h,'s Ongins of ]llrispnuJellt:e. Riyadh: King Saud
University Press, 1985.
Azmeh., Aziz. Arabz",: Thought (Jnd lslamic Soaeties. London: Croom Helm, 1986.
-------."Islamic Legal Theory and the Appropriation of Reality.u In Aziz Azmeh, ed.,
[J'lamie !..oaJ: Soaol and HisllJral COlltexts. London: Routledge, 1988: 250-65.
Baljon, ].M.S. Modern Musim Kortm Inmprttation (1880-1960). Leiden: E.J. Brill. 1968.
Bell, Richard. IntrodMe/ioll to theQuran. Edinburgh: Edinburgh University Press, 1954.
Bernard G. Weiss, review of "Approacbes ta the History of the Interpretation of the
Qur'an," by Andrew Rippin, JAOS 3 (1991): 155-7.
---, review of "the Sources of Islamic Law: Islamic Theories of Abrogation," by John
Button,JAOS 113 (1993): 304-306.
Blacbrc, Rgis. Illtrodz,,,1ion azl Corail. Paris: ditions Besson & Chantemerle, 1959.
Bleicher, Josef. Contemporary Hmnmtllties: Hermenmtit:s (JS AJethod, PhiltJsopl!Y and Critique.
London: Roudedge & Kegan Paul, 1980.
Bro\vn, Daniel "The Triumph of Scripturalism: the Doctrine of Naskh and its Modem
Critics." In The Shaping ofail Amtral1l IsJami& Dis&OlIrre: A Memorial /0 FazlMr R.aJJ11Iall,
eds. Earl H. Waugh and Frederick M. Denny. Scholars Press, 1998: 49-66.

113
Burton,John. The ColkctiOIl oftheQur'an. Cambridge: Catnbridge University Press, 1977.
-----. The Sollms of Islamic Law: Islamic Theories of Abrogation. Edinburgh: Edinburgh
University Press, 1990.
----, ed Abi Ubaid al-Qisim b. Sa/lam's K al-Nisileh 11Ia al-Mf11tS1kh. Cambridge: E.J.W.
Gibb Memorial Trust, 1987.
Coulson, NJ A History of ls/mnic l.aw. Edinburgh: Edinburgh University Press, 1964.
------. ConJlicts and Tensions in Islami, Jurisprudence. Chicago: The University of Chicago
Press, 1969.
Culler, Jonathan. On DefonstnJI.tion: Theory tmd Criticisl1l after Struct1lra/ism. Ithaca and New
York: Comell University Press, 1983.
Daqri, 'Abd al-Gham. Al-Imam ai-Shdfi'l Faqth al-Sunna al-Akbar. Damascus: Dar al-Qalam,
1976.
Ellis, John M. Against Deconstruction. Princeton and New Jersey: Princeton University Press,
1989.
Esack, Farid. Qur'a" Liberation & Phlmlism: An lslamit: Perspective of[ntemligious S against
Oppns.sjoll. Oxford: 1997.
---. "Quinic Heaneneutics: Problems and Prospects." MW83 (1993):118-41.
Gatje, Helmut. The Qur'in and ifs Exegesis: Sekaed Te>.'1s with Chssical and J.\1odmt Ml/sBm
Interpretations. Berkeley: Univenity ofCalifornia Press, 1976.
Goldziher, Ignaz. 1ntrodllaio1l tJJ 1slamk Theology and Law. Trans. Andras and Ruth Hamon.
Princeton, NewJeaey: Princeton University Press, 1981.
------. The ?ooms: Their Doctrine tJnd Thtir History. Leiden: E.J. Brill, 1971.
Goldfcld, Y. "The Development of Theory on Qurinic Exegesis in Islamic Scholarship." SI
(1988): 5-27.
SOIlmS ojHmtltflGlJia. New York: SUNY, 1995.
Hallaq, Wad B. A History of Islam;c ugal Theories: An Introdu,tion to SI/n1l1 U.sziI ai-Fiqh.
Cambridge: Cambridge University Press, 1997.
----. "Was al-Shifill the Master Architeet of Islamic Jurisprudence?" IJlvS 25 (1993):
587-605.

114
-----. 'The Primacy of the Qur'an in Legal Theory." In Islamic S/udie.r Pmm/ed
ID Char!e.s J. Adams, 00. Wael B. Hallaq and Donald P. Little. Leiden: E.J. Brill, 1991:
69-90.
------. Ibn Ttrjm!1la against the Greele Logidans. Oxford: Clarendon Press, 1993.
Hann, Emest. "Sir Sayyid Khan's 'The Controversy over Abrogation' (m the
Qurin): An Annotated Translation." 1\&64 (1974): 124-133
Hamm, Nissreen. 'Cf"our Scholars on the Authoritativeness of Sunt Juridical Qiyas.
JJ

thesis, McGill University, 1988.
I:Ias2n, Theory of Naskh.
Jl
IS 4 (1965): 181-200.
I:Iusaynl, Ab Bakr b. f-lidayat Allah. Tabaqa a/-Sha]i'lI)'a.2
nd
Ed. 'AciiI N1q. Beirut: Dar al-
Afiq al-Jadida, 1979.
Ibn Kami! al-Dm 'Abd al-Ra4min. AI-Nirikh wa a/-Mansiikh. Najaf: al-
Adab,1970.
Ibn al-Ja\,,zl, JamaI al-Ota Ab al-Farnj 'Abd NawiJ-ifeh al-QlIr'an. Beirut: Dar al-
Kurub al-'llmiyya, n.d.
------. Zad a/-A{asZr ft 11m a/-Tafslr. 8 vols. Beirut: al-l\laktab al-IslatI, 1984.
Ibn Warrnq, ed. The On'gins of the /(oran: Clasni: on IslamJs HolY Book. Amherst, New
York: Prometheus Books, 1998.
Iyazl, Mu4ammad 'Afi. AJ-Mufassinin, lfayauhll1JZ ilia Manhajlmllm. N.p.: Mu'assasat al-Tiba'a
wa al-Nashr W1Zrat al-Thaqafa wa al-Irshd al-IsIam1, 1373/1974.
A!)kama/-Quran. 3 vols. Beirut: Dr al-Kitib al-'Arabl, 1335 A.H./1929 A.D.
Johnson, Allan G. The B/ockweU Dictionary of Sod%!): A User's Cllide fD Soa%g'ai lAnguage.
Blackwel1, 1977.
JU'vayn'i, Imam al-Ijaramayn 'Abd al-Malik Ab al-Ma'afi. A/-Bllrha-"fi Upl a/-Fiqh. 2 vols.
Ed. 'Abd al-'AzD Dib. Cairo: Dir 1400/1980.
Juynboll, G.H.A. S/lidies 011 the OrigilL and Uses of Islamic Ijaelith. Hampshire, Great Britain:
Variorum, 1996.
--------, ed. Sil/dies on the First Cenl11'Y of lslamic Sodery. Carbondale: Southem Illinois
University Press, 1982.

115
----, ((Some Notes on Islam's First Fuqahi' Distilled from Early I-Jadith Literature."
Arabica 39 (1992): 287-314.
Kamali, Mohammad Hashim. Principks ofblamk]lIrispmden,e. Revised ed. Cambridge: Islamic
Texts Society, 1991.
Khadduri, Majid. al" ER vol. 13. Ed. Mircea Eliade. New York: Macmillan
Publishing Company, 1987: 195-8.
Khin, Qamaruddin. ''Incidence of Abrogation (Naskh) in the Qur'an." Iqbell15 (1966-1967):
8-46.
Makdisi, George. ('The Juridical Theology of Shafi'i: Origins and Significance of al-
Fiqh." SI 59 (1984): 5-47.
John and Marianne Makdisi. ('IsIamic Law Bibliography: Revised and Updated List
of Secondary Sources." LL] 87 (1995): 69-191.
Abu Mu1:}ammad. li Nisikh /Va i.\1am1khllhtl /vo l.\fa'rifa/ /Va
IkhtilOfal-Nasfthi Jeddah: Dr al-Manara, 1986.
Anas ibn. Ai-Mlnva.fJa'. Trans. from the compilation of Yal}ya ibn Yal].ya al-Laythl.
Cambridge: Diwan Press, 1982.
-----. AI-MuUlana'. Transmission of Su(aid ibn Sa'id al-Hadathan1. Babrain: Idarat al-
Awqif al-Sinah, 1994.
Melchert, Christopher. The Formation of/he Slinni S,hool of1.Jnv, 9
th
_lO
ch
Centuries C.E. Leiden:
Brill, 1977.
Meron, Y. ''The Development of Legal Thought in Hanafi Text." SI 30 (1969): 73-118.
Hans, ed. The Phiiosophy of His/ory in Olir Timt: An Antho/t;gy. New York:
Doubleday,1959.
Mir, l\fustansr. Dt'aionary ofQltr'ink Terms and Co"t'epts. New York: Garland Publishing !nc.,
1987.
------. "TafSir." In OEL\'IIrJ7. VoL 4. Ed. by John L. Esposito, New York: Oxford
University Press, 1995: 169-176.
Mul}ammad 'Ali. AI-Nasleh .fi aiQlJr'tiz ai-Kmim: A10Jhiinnm ma TankfJlIh wa
Da'Qivao. Damascus: Dar al-Qalam, 1988.
al-Muzaru, Ab Ibriliim, IsmiJU ibn Yaq.ya. Printed on the margins of Shifi'I's
Ka/-Umm,l-4.

116
Nal}qas, Ab Dja'far, ibn Alpnad. K a/-Nisikh wa a/-MoltS/kJJ Ji a/-Qur'i"n 01-
Ktm11l. Care: 'Alimal-Fikr, 1986.
Noms, Christopher. Deronstruaion: Theory alld Practict. London and New York: Roudedge,
1991.
Ouyang, Wen-Chio. Literary Cri/idsm ill Mediet'fJ/ Arabk-Islmnic Cul/lirt: The Maleing of a
Traditioll. Edinburgb: Edinburgh Univenity Press, 1997.
Pasaet, Mehmet. "The RaIe of Subjeet (MujtahirJ) in al-Shifili's Methodology: A
Hermeneutic Approach." ApSS 14 no. 3 (1997): 1-15.
Powers, David S. "The Exegetical Genre Nasikh al-Qut'in wa-Mansk.huh." la Andrew
Rippin, ed., Approa,'hes 10 the HiJtory of the Interpretation of the QlIr'an. Oxford:
Clarendon Press, 1988, pp. 117-38.
-------. "On the Abrogation of the Bequest Verses." Arabica 29 (1982): 246-295.
Qaysi, Abi Muqammad Makki. a/-I.da7} al-QIIT'in 1lI0-}.,t[anszkh1Jhri. Ed. Aq.mad f:lasan
Farqar. Jeddah: Dar al-Manirah, 1986.
Ququbl, AI-Jami' li A!)kom al-Qrlr'On, 20 vols. CaiI:o: Dar al-Kitib al-'Arablli al-Tiba'a \Va al-
Nash!,1967.
Ra1}man, Fazlur. Is/am. 2
r
.d ed. Chicago: University of Chicago Press, 1979.
Rippin, Andrew. "al-Zuhfi, Naskh al-Qur'an and the Problem of Early Tafstr Texts."
BSOAS 47 (1984): 22-42.
------. ''The Present Status ofTafslr Studies/' MW72 (1982): 224-38.
Rippin, Andrew and Jan Knappert, eds. Textz/(l/ SOlines for the Study of Islam. Totowa, New
Jersey: Bunes & Noble Books, 1986.
SadSi, Qatada ibn Di'ama. Kita) a/-Nasikh 11/a a/-Mansrkh Ji Ki/a], Allao Ta'a7a". Ed. fjatim
Qimin. Beirut Mu'assasat al-RisaIa, 1985.
Schacht, Joseph. The Ongins off't'Ilihaml'l/adan JllrispTlldm. Oxford: Oxford University Press,
1950.
------. An Introdu,tiolt to ls/amic L.azv. Oxford: Oarendon Press, 1991.
al-5hfiii, Abii 'Abd Allih. Muqammad ibn lds. al-Umm, 7 vols. Blak, 1321/1903, or in 8
vols., Beirut: n.ci.

117
---. A/-Rira7t.z. Ed. MuI)ammad Sbikir. Cairo: Maktabat wa
al-Bibi wa Awliduhu bi 1940.
---. A/-Ririla. Ed. Ml}ammad Sayyid Kaylanl Cairo: Maktabat wa
al-Bibi al-l:Ialabi wa Awliduhu bi 1969.
--. A/-Imim ibn lrilir al-Shiji'Ps a/-Risila fi U.s/ al-Fiqh: Trealise on the
FOlllltiatioIU of Islamic Jurisprudence. Translated with an introduction, notes, and
appendices by Majid Khadduri. Cambridge: The Islamic Texts Society, 1961.
Al)k4m a/-Qur'i1L Compiled by Baybaqi voL 1. Cairo: Maktabat Nashr
al-Thaqifa al-Islamiyya, 1953.
--------. Tartlb A1uslUld a/-Imam al-Shr1fi'l. Compiled by Muqammad 'Abid al-SanacU. Vol. 1.
Beitut: Dar al-Fikr, 1997.
------. In QumoflvlOwl4dge. Trans. Ab Asad Lahore: Islamic Publications, 1980.
Sharabasl, Al,mad. A/-A'immah al-Arba'ah: AbzFfanffah, MaRie ibn Anos, al-Sh(ffi';' Al;mad ibn
IfanbaL Beitut Dar al-I:IilaI, 1964.
Shaybam, Mul}ammad ibn I-fasan. Mmva,tla' Imam Milik. VoL 1. Cairo: al-Majlis al-A'la li-al-
Shu'o al-IsIimiyyah, 1967.
Shu'lab, Ab 'Abd Allih. $aft!at a/-&iJilehJi 1/m a/-Mansu7eh wa a/-Nisikh. Ed. Muqammad
Ibrihim 'Abd al-RaQmin Fins. N.p. Maktahat al-Thaqafa al-D1niyya, 1995.
SlvellIlan, Hugh J. Texhlalitie.r be/1Veen Hmllenmtzes altd Deconstnldion. New York, London:
Routledge, 1994.
Smarr, Janet Levarie. ed. HistO''tl/ Critidsm and the Challenge of Theory. Urhana and Chicago:
University of Illinois Press, 1993.
Spectorsky, Susan A. ibn Anas." In Mircea Eliade, ed., ER. vol. 9. New York:
MacmilJa
n
, 1987: 145-6.
SUytt,Jalil al-D1n cAhd al-RaQmn. a/-ItqinjfVin", al-Qur-an. 2 1354/1935.
-----. AI-Dri" af.Manthrr jJ al-TafSir al-!Vfa'thiir. 8 Vols. Beirut: Dar al-Kutub al-'llmiyya,
1990. .
--. LRbiba/-NuqljiAsbabal-Nu'?JL Beiruc Dar al-Ma'rifa, 1997.
raban. Jimi
l
a/-Bayait lall Ta'wl! al-Qur'in. 12 vols. Cairo: Dar n.d.