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Emphasis was shifted to principles of regulating the political, legal, social and
economic life of the new community.
He knowledge of the Meccan and the Madinan contents of the Quran gives one an
insight into the context and circumstances in which the ayat were revealed; it is
particularly relevant to the understanding of the incidence of abrogation (naskh) in
the Quran.
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5 .Transmitted with continuous testament
* The Quran was transmitted from the Prophet to the next generation by a large
number of people that cannot be expected to agree upon a lie, if all of them
together.
* The implication is there is no doubt about the authenticity of the Quran.
* We will protect it. (Al-Hijr; 15:9)
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Example 2: Ablution
you who have believed ..wash your feet to the ankles (al-Maidah, 5:6).
This text is definitive on the requirement of wiping of the head.
However, since it does not specify the precise area of the head to be wiped, it is
speculative in regard to this point.
Hence we find that the jurists are unanimous in regard to the first, but have
differed in regard to the second aspect of this injunction
The text then goes on to provide justification that in doing so they will attain
greater chastity of character and conduct. averting the glance is justified as it
obstructs the means to promiscuity and zina.
Issue: Whether the existence of talil in the Quran gives the mujtahid the green
light to enquire into the causes and reasons behind its injunctions.
(i) The majority of ulema held that the ahkam of the Shariah contemplate certain
objectives, and when such can be identified, it is not only permissible to pursue
them but it is our duty to make an
effort to identify and to implement them.
Reasons:
1. The majority view takes into account the analysis that the rules of Shariah
have been introduced in order to realise certain objectives and that the
Lawgiver has enacted the detailed rules of Shariah, not as an end in
themselves, but as a means to realising those objectives.
2. In this way, any attempt to implement the law should take into account not
only the externalities of the law but also the rationale and the intent behind
it.
3. It is necessary that the mujtahid identifies it so as to be able to implement
the law in accordance with its purpose.
Verily, in this is indeed a sign for people who think. (al-Nahl; 16:69)
Do they not contemplate within themselves? (al-Rum; 30:8)
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