abrogation_qawaid fiqqiyah

8/7/2019 Abrogation_Qawaid Fiqqiyah

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INCEIF

THE GLOBAL UNIVERSITY IN ISLAMIC FINANCE

PHD PROGRAM IN ISLAMIC FINANCE

ABROGATION AND ITS CONTINUED RELEVANCE TO

CONTEMPORARY MUSLIM SOCIETY

ISLAMIC JURISPRUDENCE AND LEGAL MAXIMS

SEMESTER SEPT 2009

Name: Ariffhidayat Ali

Matric No: 0900320


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ABSTRACT

TheAl-Quranreveals inasmuch as it hides. Through it Allah engages

Mankind. It is a road map for the eventual return to Heaven for man. Allah

has giftedus with various religions, prophets arming them with revelations

till Islam. This paper discusses abrogation in light of the above condition.

This condition did not lead to mutual agreement pertaining abrogation

among Muslims, between Muslims and Non-Muslims. This paper outlines the

various factors leading to this. Factors can be external or internal to man.

External factorsare wide ranging referring to time, location,

socio-economic development, institutional, political and religious

dimensions (list not exhaustive). Internal factorsare related to our

physical, mental and spiritual faculties. These surfaces when terms like

reason, emotions, beliefs etc are discussed. This distinction is artificial since

man affect and is affected by the external.

Understanding Islamic history is a prerequisite of understanding abrogation.

Historical events may be classified as in various ways. For simplicity we look

at it as pre-Islamic times, within the lifetime of the Prophet s.a.w. and post

the rule of his Four Companions till the present. It is a history of the rise

and fall of a civilization much caused by disunity and declining values.

This paper opine that abrogation was researched upon by Muslims scholars

for various reasons first being the desire to understanding the Gift of Islam

and exemplifies the hunger for knowledge. Others discussed abrogation as

part of the larger struggles over the Sunnah of the Prophet s.a.w in terms of

determining the reliability and applicability of the Sunnah.

Others looked at it more in depth as it is seemed as an important area in

(i)


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Usul-Fiqh which in itself lays the foundation of legal decision making.

Others meanwhile denied that abrogation ever took place and re-interpreted

the doctrine in other terms. The above reasons can be seen internal toIslam.

Others took interests in abrogation by virtue of it becoming a weapon to

undermine Islam especially by other religions but predominantly

Christianity. This arose when Islam became a credible threat to Christian

hegemony. This cold war remains to the present day fought from both

positions of strength and weaknesses. The arguments of both sides arereviewed and traced back to the root of the disagreement.

The author concludes abrogation is not a divisive issue and remained a

matter for intellectual discourse throughout history. However it is preferable

that it be known to larger Muslim audience (in whatever form we

conceived it should be) since it is a part of our heritage. Taking

abrogation as being only related to Usul-Fiqhwhich drives the formulation

of legal position in Islamic law is valid although we need to be mindful since

it is discussed by the non-Muslims in the context of the legitimacy of theAl-

Quran and the Sunnah. To apply the language of strategic management

this refers to the difference between strategic plans and tactical plans. For

non-Muslims rejecting Islam generating mischief over abrogation is a

Strategicimperative. Thus its continuing relevance.

KEY TERMS: - Al-Quran, Sunnah, Reality, Natural State, Lawgiver,

External factors, internal factors, Islamic History, Usul-fiqh, Abrogation,

World-View, Reason

(ii)


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TABLE OF CONTENTS

Pages

Abstract (i) (ii)

Part 1:- The Essence

a) The Essence of Islam 1b) The Essence of the Lawgiver 2c) The Essence of Man 3Part 2:- Time Setting Namely Before 610 AC (Pre-Islam) 4

Part 3:- Abrogation as a Subject Matter

a) The Doctrine of Abrogation (Naskh) 5b) Other Aspects Associated With Abrogation 6Part 4:- Time Setting Namely Between 632 A.C. 661 A.C. 7

(Abu Bakar Ali Ibn Talib)

Part 5: - Time Setting Namely Between 661 A.C. 820 A.C. 9

(Ali Ibn Talib Imam Shafii)

Part 6: - The Clash of Civilizations

a) The Enemies of Islam (The Quraish of Mekah) 12b) The Enemies of Islam (The Christian, the Jews and Others) 13Part 7: - In Defence of Abrogation 15

Part 8:- Conclusion 21

Bibliography 22

Attachment File://P:\Map_Expansion.gif

Other reading materials 24

Important Note:- All Quranic quotes are denoted by Q followed No.

(Surah) and No. (Ayah). Example Q 2 -36 means Al-Baqarah Ayah 36


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PART 1:- THE ESSENCE

a) The Essence of Islam

From Dictionary.comreligion is defined as a set of beliefs concerning the

cause, nature, and purpose of the universe, esp. when considered as the

creation of a superhuman agency or agencies, usually involving devotional

and ritual observances, and often containing a moral code governing the

conduct of human affairs. This definition encompasses the present

day acceptance on how religion is defined. Throughout history, the source

of religion can be traced to the ideas of natural and the supernatural. Islam

is to be as a product of the supernatural realm namely to be classified as a

revealed religion much like Christianity and Judaism. This is to be

contrasted to natural religion developed by human beings usually by their

own observance of the natural environment and by the exercise of reason.

Islam is then the revelation of Allah to the Prophet Muhammad s.a.w via

the Angel Gabriel. These revelations culminated in what is to become

known as the Quran which means The Recital as cited by Dawood

(1990).The above suffice if we to explain Islam as a new religion revealed to

the prophet nevertheless Allah as the Supreme Being has revealed the

religion to mankind prior to Prophet Muhammad s.a.w. The two approaches

mentioned above has relevance to the discussion on abrogation.

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b) The Essence Of The Lawgiver

Western legal tradition be it the Continental or the Anglo-Saxon if we use

the Arabic word usul or root often denotes such concepts such as laws ofnature, inalienable rights of man, the Social Contract, (l)egitimacy,

(a)uthority and (s)overeignty. All these can be traced Greco-Roman

influences of Plato, Aristotle and Cicero. Islam meanwhile traces all of the

above to Allah.

Q 2-117. To Him is due the primal origin of the heavens and the

earth(120): When He decreeth a matter, He saith to it: "Be," and it is.

Q 59-24. He is Allah, the Creator,(5405) the Evolver, the Be stower of

Forms(5406) (or Colours). To Him belong(5407) the Most Beautiful

Names: whatever is in the heavens and on earth , doth declare His

Praises and Glory:(5408) and He is the Exalted in Might, the Wise.

The two ayahs above reveals Allah is the Creator and has the ultimate

(l)egitimacy, (a)uthority and (s)overeignty over the laws that is revealed to

Man. Grouping the (l), (a) and (s) under the simple term of Power and

applying human logic to it, the Power over the creation of laws also renders

Allah the ability to abrogate laws. In supporting the doctrine of abrogation

the following two ayahs have been employed by most Muslim scholar.

Q 2-106. None of Our revelations(107) do We abrogate or cause to be

forgotten, but We substitute something better or similar: Knowest

thou not that Allah Hath power over all things?

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Q 16-101. When We substitute one revelation(2140) for another,- and

Allah knows best what He reveals (in stages),- they say, "Thou art

but a forger": but mos t of them understand not.

The essence of the Allah was revealed in the Al-Quran, some clear and

allegorical in presentations, in meaning, obvious, hidden, multiple in

translations and many other features only known to Allah. For example Al

Baqarah 2-106 was revealed in Madinah whilst Al-Nahl 16-101 was revealed

in Mekah and to be read in the context of time/location. Pertaining

abrogation this serves as Allah giving a sign of Allahs capacity to abrogate

existing laws and provide laws applicable to present and future use.

This has bearing in the abrogation debate since there are scholars who are

of the opinion nothing was abrogated in the Quran. A middle ground is

stated here, if Allah did not abrogate as such, Allah certainly had the

capacity to abrogate.

c) The Essence of Man

Q 2-36. Then did Satan (52) make them slip from the (garden), and

get them out of the state (of felicity) in which they had been. We said:

"Get ye down, all (ye people (53)), with enmity between yourselves.

On earth will be your dwelling-place and your means of livelihood(54)

for a time."

Western philosophy often discusses Man in the following light. Hobbes

(1651) summed man up as predominantly an aggressive creature needing

the Leviathan (King) to bring social order. Rousseau (1762)summed man

up as a gentle creature in isolation however exposure to others necessitates

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the rule of Law. The above are effects which is cause by the application of

Reason. In Islam the natural state has not been discussed in depth in

relations to body politics apart from contributions from the likes of Al-

Farabi. Islam discusses nature in terms of our eventual return to Allahrepresented by Q 2-36 above.Thus our natural State is not of this earth. We

have been given time by Allah, to train ourselves, to work towards getting

the ticket back to felicity (happiness). The concepts of Abdullah (servant of

Allah) and Vicegerent (Khalifah) are derivatives of the above. Man perception

of reality is in itself a derivative. The perception impacts our understanding

namely the perceived may not be the actual. Plato (360 B.C)pointed this

very succinctly via the Parable of the Cave which serves as the foundation tothe Theory of Forms (Ideas). In the Republic, actual reality, actual meaning

is known to the Philosopher. In Islam this is only known to Allah. If man

appreciates, in the context of abrogation, the position that we take is mere

shadows of the true form. This fundamental weakness in Reason must be

recognized. However the gift of free will does not deny man to be active or

inactive in determining his actions or inactions. This gift however comes

with the sceptre of accountability (there is no free lunch).

PART 2:- TIME SETTING NAMELY BEFORE 610 AC (PRE-ISLAM)

Muhammad s.a.w as a prophet is seen disconnected from previous prophets

of Allah as in being an Arab compared to previous prophets who preached

mostly to the Jews, the chosen people. This is however an artificial divide

since he is a prophet for all races and mankind. Artificial as it may be seen

it is still a given fact that he came bringing the message over 600 years after

Jesus or Isa a.s. into an Arab environment. Hourani (1991)pointed out, the

two dominant powers were the Christian Byzantine empire and the

Sasanian empire embracing Zoroastrianism as religion. A relative distance

away was the Arabian Peninsular which remain outside direct control of the

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two empires nonetheless near enough to be exposed to the influences of

Christianity, Judaism and other forms of pagan religions. Mekah was then a

crossroad i.e. meeting points of traders and also other visitors who came to

pay homage to the Kaaba built by Abraham and Ishmael. Meccan societycan be summarized as being in the Dark Ages where worship of various

deities was prominent, abominable practices subsequently outlawed under

Islam was practiced, tribal in nature and economically well-off.

Nonetheless there were still People of the Book who believe of the coming

of a new prophet. Another prevalentduring the time was the appreciation of

the language associated with poetry which was verbal as opposed to written

in nature.

PART 3:- ABROGATION AS A SUBJECT MATTER

a) The Doctrine Of Abrogation (Naskh)Abrogation has been defined in the following.

According to Khan Nyazee (2006):-

The literal meaning of naskh is cancelling or transferring whilst its technical

sense it is used to mean the lifting (raf) of a legal rule through a legal

evidence of a later date.

According to Hashim Kamali (2005):-

Abrogation is defined as he removal or suspension of one Sharia ruling by

Another, provided that the latter is of a subsequent origin and the two

rulings are enacted separately from one another.

According tohttp://www.islamweb.net:-

al-Naskh, i.e. abrogation or repeal, has two meanings in Arabic:

transformation and shifting from one place to another, and cancellation and

repealIn technical terms, al-Naskh means to cancel and abrogate some fixed

Shari'a rulings and to replace them with new rulings and orders.

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The above addresses abrogation in terms of changes made to the prevailing

laws via commands or decrees of the Lawgiver directly and brought into

knowledge and application by Prophet Muhammad s.a.w. Whether this is

sufficient to render full meaning to the term has been questioned.Abrogation as a doctrine is seen as being exclusive to Islam whilst not

clearly evidence in Christianity and Judaism.

b) Other Aspects Associated With Abrogation

A list has been compiled below:-

Naskh the abrogating text or evidence

Mansukh the abrogated text or repealed rule Al-Nasikh wal-Mansukh the abrogating and abrogated (verses) Naskh (kulli) which is total namely lifting the entire law and

substituting for it another law

Naskh (juzi) when the law is repealed for a certain class alone. Naskh must be distinguish from takhsis (restriction) and tazid

(addition)

The abrogating evidence to be of equal strength to the abrogatedevidence. To be discussed within in relation to the Quran, Mutawatir

Sunnah and Khabar Wahid.

The use of Rules of Preference (Tarjih) and Reconciliation (Jam) Three modes ofnaskh

naskh al-hukm dna al-tilwa: abrogation of the rulingbut not the wording, or supersession. A regulation-

embodied within either a Qur'nic verse or a hadith

report- is replaced but its wording remains- in the former

case, as text within themushaf.

naskh al-hukm wa-'l-tilwa: abrogation of both ruling and wording, or suppression/erasure. Applicable only to the

Qur'n. A ruling is voided and its text omitted from the

mushaf. Evidence that the verse ever existed is preserved

only within tradition.

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http://en.wikipedia.org/wiki/Hukmhttp://en.wikipedia.org/wiki/Mushafhttp://en.wikipedia.org/wiki/Mushafhttp://en.wikipedia.org/wiki/Mushafhttp://en.wikipedia.org/wiki/Hadithhttp://en.wikipedia.org/wiki/Hadithhttp://en.wikipedia.org/wiki/Mushafhttp://en.wikipedia.org/wiki/Hukm


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naskh al-tilwa dna al-hukm: abrogation of the wordingbut not the ruling. Again, applicable only to the Qur'n.

The text of a still-functional ruling is omitted from themushaf. Proof of the verse's existence is preserved within

tradition (i.e through a hadith report) as well as in the

Fiqh.

In Hadith an explicit abrogation entails the saying of the Prophethimself

In Hadith abrogation may also be known from the saying of aCompanion

In Hadith abrogation may also be known from historical orchronological sequence of events

In Hadith abrogation may also be known through general consensus(ijma)

Time frame relevant to abrogation 23 years Unity prevailed in Islam during the lifetime of the Prophet s.a.w Ijtihad exercised in discussion (Post Prophet s.a.w and the Four

Companions). (technical vs literal definition)

PART 4:- TIME SETTING: NAMELY BETWEEN 632 A.C. 661 A.C. (ABU

BAKAR ALI IBN TALIB)

Hart (1992)proclaimed that the Prophet s.a.w as being the mostinfluential person in history. In a period of 23 years he has build a legacy

that survives till this day. The Prophet s.a.w died in 632 A.C. and left no

male heir and did not leave behind a named successor. This is divine will

since we cannot speculate if he had a male heir/s what will the shape of

Islam today.

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http://en.wikipedia.org/wiki/Fiqhhttp://en.wikipedia.org/wiki/Fiqhhttp://en.wikipedia.org/wiki/Fiqh


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The highlights of this period that framed the future of abrogation are as

follows and divided into:

Mainstreami) The continued growth in territory, population and knowledge;

the extend of expansion if represented by attachment

(Map_Expansion)

ii) Ijtihad of the Four Companions recognized and deference to

leadership maintained;

iii) Collation of the Quran and the accepted Mushaf of Usman;

iv) Proliferation of Sunnah (Hadith) by the Companions;v) The incidences of wars fought for various reasons grew (Jihad)

and recognition of Islam as a credible threat to Christian

hegemony;

Underlying

i) Rising disunity, growth in splinter groups;

ii) The growth of Non Arabs embracing the religion, the treatment of

Non Muslims in Muslim conquered territories;

iii) Wealth and economic growth.

Within the context of Ijtihad, the four Caliphs made changes to certain

practices such as Abu Bakar (declared war on zakat evaders, false prophets)

Umar (suspending Hudud for thieves during time of famine).These acts

exceeded/curtailed the earlier mandate stipulated in the Quran and in the

Sunnah. This was never viewed in Muslim circles as abrogation but more so

about implementing new measures by interpreting existing laws. Within

such the unity and deference to leadership is to be emphasized. Umar

deferred to the judgement of Abu Bakar. Ali accepted the mushaf of Uthman

although he kept his own mushaf.

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PART FIVE: - TIME SETTING WHICH IS POST ALI IBN TALIB IMAM

SHAFII (661 A.C. 820 A.C.)

The mainstream underlying are subject to change and the above period

personified this. Politically this period is summed up in the Umayyad

Caliphs (661 A.C. 750 A.C.) and Abbasid Caliphs (750 A.C. 1258 A.C.).

During this period the disunity became more pronounced (proliferation in

sects namely Shiites, Kharijites, Muktazilah etc) the quality of caliphs ebbed

and flowed, the expansion nonetheless continued in spite of the failed

conquest of Western Europe in 732 A.C, civil war became part of Islamichistory. Religiously the baton was passed from the Companions to the four

founders of the Sunni sect listed below.

Founders of Sunni Sect

1. Imam Malik Maliki school (circa 711 - 795). Locality Madinah.2. Imam Abu Hanifa Hanafi school (circa 699 - 765). Locality Iraq.3. Imam Shafii Shafii school (circa 767 820). Locality (various)4. Imam Hambali Hambali school (circa 780 855). Locality (Baghdad

although he also travelled extensively)

Abrogation again did not take centre stage during this period. Khan Nyazee

(2006) held that there is unanimous acceptance of abrogation among the

four Sunni schools although in details there were differences. We

view this in the context of form versus substance. Again unity prevailed,

example Imam Malik did not propagate Al-Muwatta to be utilized as a

compulsory and implemented as law. Whilst not taking centre stage, it

remains a part player in the great struggle over the Hadith of the

Prophet s.a.w.

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This struggle is summarized into the following:-

i) Opposing parties in the Sunni-Shiite debate used the Hadith toadvance their cause;

ii) Hadith was subjected to fabrication by both anti-Islam and pro-Islamgroups in order to advance their cause;

iii) Due to the fabrication, scholars especially of the school of the Al-Raymainly of the Hanafi persuasion were keen to use reason rather

than rely on any one Hadith where they deemed weak in its Isnad

(Chain of transmitters);

iv) Persecution of religious scholars by rulers resulted in some scholarseither towing the official line or not compromising

v) All the above made the legacy of the Prophet s.a.w seen trivial and

also weaken the legal foundation of existing laws and giving room for

arbitrary new laws

Imam Shafii took keen interest on abrogation and sort to provide clarity on

this in books he authored such as his Contradictory Hadith (Ikhtilaf al-

Hadith) and Treatise (on Jurisprudence) (al-Risala) which is geared

primarily to defend primacy of the Hadith second only to the Al Quran as

the source of Islamic law. He outlined that the Al Quran and Sunnah were

subjected to abrogation, and laid down the relevant ground rules pertaining

abrogation. More importantly was his contribution in defending the Sunnah

of the Prophet s.a.w, he elevated usul-al-fiqh giving it a scientific treatment

with reference to applicable methodologies to be applied in arriving at legal

decision. This desire to ensure sound methodology made him critical of the

approaches taken by both Imam Malik and the School of Al Ray. He sort the

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middle ground. Imam Malik was a traditionalist by virtue of being of earlier

time and having lived in Madinah. In this environment the challenges faced

by Imam Malik in formulating his positions was not insurmountable toperhaps the times of Imam Shafii or the location of the School of Al Ray.

Thus the Shafii critique of Imam Maliki was its simplicity in formulating a

position without comprehensive coverage of the Sunnah. Siddiqi (2006)

mentioned the Muwatta as part collection of Hadith and part a treatise on

fiqh. His critique of the Al Ray is the heavy reliance on Reason, questioning

the Hadith reliability in light of the increasing proliferation of so call weak

Hadith as well as the more serious issue of forged Hadith. The issue offorged Hadith is deemed serious, Siddiqi (2006) traces it backed to the

times of the Prophet s.a.w himself. On ihtihsan i.e. juristic preference,

Imam Shafii rejected its usage outright.

The above mentioned Imam Shafii interest in giving Usul Fiqh a scientific

foundation was that the Sunnah was being subjected to manipulation and it

risk misunderstanding by Muslims. Some favoured relying only on the

Quran which was rejected by Shafii. The author postulate the additional

points:-

i) It points to the genius of Imam Shafii that he relied on theHadith themselves to defend his position. Reason being that the

Hadith themselves were to a large extent have been written down.

Thus his arguments were not only his but grounded on earlier

evidence. He approached the matter much like a lawyer going through

existing case laws to arrive at his legal position. Knowledge of

abrogation was needed to essentially compare cases that may have the

affect of abrogating other cases.

ii) Since the defence uses Hadith, shifting through the evidence isimportant.

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iii) His critique of the Maliki school and the School of Al-Ray is to be seenin the context of ijtihad, since one can be questioned whether oneself

applied either too little or too much ijtihad. IIjtihad is neverindependent of the two sources of Islamic law. The modern equivalent

of such is the term re-inventing the wheel. The Imam perhaps was

concerned the Muslims neglect the existing blueprint of the wheel and

unnecessarily expanding effort in areas which has been dealt with

earlier and coming to the wrong conclusions.

iv)

The Four Imams of the Sunni persuasion were at one point or anotherpersecuted by the rulers i.e. politicians of their time. This is an

aberration that featured after the Four Companions. Defending the

Sunnah, and doing it writing he wanted to make contemporaries able

to compare real laws to be abided against the arbitrary laws. Hence

the modern idiom that the pen is mightier than the sword.

v) This approach elevated back the importance of the Sunnah and this toa large extent was accepted by the School of Al Ray. He also

influenced Imam Ahmad Ibn Hambal who was very diligent in

ensuring Hadith remaining the fundamental source of law next to the

Al-Quran. This shows profound influence of Imam Shafii.

PART 6:- THE CLASH OF CIVILIZATIONS

Huntington (1996)on the clash only seeks to reemphasize that history is

cyclical in nature. Present trends can be traced to previous events and only

seeks to emphasize that understanding history and applying the lessons as

critical.

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a)The Enemies of Islam (The Quraish of Mekah)Opponents of Islam are varied in their opposition to Islam. The initial

resistance came from the Quraish themselves who saw the religion as a

religion that will destroy the dominant position they held in Mekah. Islam

preached the concept of one single entity to be worshipped. This went

against their pagan belief. Pagan rituals with implements such as idols and

other relics is economically rewarding in terms of the number of festivities,

the number of pagan implements required at each. Besides Mekah was still

attracting pilgrims, it was also a meeting place of traders and thus the

economic benefit to remain in power sealed the hearts of some Quraish to

the call of the Prophet s.a.w. Besides they were unable to accept the

relatively humble stature of the Prophet s.aw. who was illiterate (thus he

was known as the Unlettered Prophet). The other messages of Islam

condemned their existing practices so a fear of the unknown, of change and

losing of dominant political and economic position made them resist the

salvation offered. It is an established fact that the early converts to Islam

were most economically and politically challenged as opposed to the later

converts.

b)The Enemies of Islam (The Christian, the Jews and Others)

For this purpose and especially pertaining to abrogation, we should discount

the Jews as being outwardly hostile to Islam. It can be argued that the

Jews is to be seen more as a race rather than a religion. At the same time,

the Jews were a race scattered with small pockets living amidst the larger

Gentile population. Thus the hunger for a Jewish homeland is not a 19th or

20th century phenomenon but a psyche that has pervaded the Jewish mind

for a long time. However on a religious level, Islam is still at odds with

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Judaism since Judaism can be considered a racially bias religion. To be

confronted by a Gentile preaching equality of mankind is not tremendously

comforting. The same was preached to them 600 years before by one of theirown kind, Isa a.s. This universal appeal to mankind is seen as strong traits

in Islam and Christianity till the present day.

The corruption of the religion and particularly the issue of the divinity of

Christ were pointed out in the Al-Quran. Thus we come to the position of

certain scholars that abrogation in the Quran is actually the abrogation of

the earlier mandates by Allah namely Islam being the final religion is theNaskh (abrogating) and Christianity and the other religions is the Mansukh

(abrogated) and ceases to be the lawful practice in the judgement of Allah.

This is supported by reference to 2-106, where Allah chose to replace

something by something better. Scholars points out that there is no

ayahs in the Al-Quran that is superior or better than another ayah. This

expanded the meaning and coverage of the term abrogation to include not

only laws in the strictest meaning but also to the belief system. Al-Quran

is not only a legal text but also a historical correction and Allahs retort to

mankind who subverted the gift that was Christianity. On a religious front,

Islam can be viewed a dogmatic challenge namely on the perceived the

divinity of Jesus Christ but on an essentially earthly basis Islam

challenged Christianity politically and economically. Thus we introduced the

notion of institutionalized religion that is descriptive of Christianity.

Spiritually the priesthood became the intermediaries for Christians

searching for salvation and it cloaked itself around the divinity of Christ as

well as the doctrine of the original sin

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This control to the gates of Heaven gave the priesthood special positions,

the Church affected the shape of European and world history till today. It

also had significant economic power in terms of the amount of economicresources it had. That was to become the main contributing factor for the

Crusades and not with regards to actually guaranteeing the freedom of

worship in the birthplace of Jesus Christ.

To accept the statements in the Al-Quran in the eyes of Christianity was to

spelt the end of Christianity in itself and thus the need to attack the

legitimacy of the Islam as a religion. Since Allah cannot be attacked directly,the two earthly signs of his divine will are the Al-Quran and the Prophet

s.a.w. Thus challenging the legitimacy is to utilize perceived contradictions,

matters that logically cannot be explained, distinguishing the literal,

technical, allegorical meanings and also character assassinating the Prophet

of Islam. The West have also claimed as to the objectivity of Science and

the test of Science was applied to the Al-Quran and Sunnah however this

application is shrouded in bias and prejudice derived from the accepted

Western and Christian worldview.

There are some Muslims that have excluded worldly issues namely the

muamalat aspects of this life. The above have intimated that muamalat

or control of the economic destiny is critical thus we should object to the

separation of Economics and Islam as a religion. The separation of politics

as secular and religion is another trap that needs avoiding. The final trap

is to frame knowledge in Western nomenclature.

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Common thrusts of the attacks as follows:-

i) Allah forgets and changes position, this is not consistent with theattributes of God.

ii)) Verses contradicts and abrogates each other, the violent verses e.g.

Verses of the Sword override the verses that outlines peace and

brotherhood. Some verses being considered superior to others

iii) The prophet was of dubious character and authored the Al-Quraniv) There were missing verses in the Al-Quran, some said due to the

conflict developing during the reign of Four Companions.v) Applying the conduct of some to the whole religion. Illustrated in

such, the terrorist is Muslim, all Muslims are terrorists, thus Islam

permits terrorism

PART 7:- IN DEFENCE OF ABROGATION

Ideas can only be defeated by ideas, thus the response from Muslims over

Time as follows:-

a) Time and Opportunity

Q 2-34. And behold, We said to the angels: "Bow down to Adam" and

they bowed down. Not so Iblis(49): he refused and was haughty: He

was of those who reject Faith.

Q 2-36. Then did Satan(52) make them slip from the (garden), and

get them out of the state (of felicity) in which they had been. We said:

"Get ye down, all (ye people(53)), with enmity between yourselves.

On earth will be your dwelling-place and your means of livelihood(54)

for a time."

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Both the above ayahs points to man holding a special place according to

Allah, banishment to Earth for a short time and to be seen as an

opportunity for mankind to redeem himself . As yet as time passes, Allahgrace through previous prophets have grown unheeded by mankind thus

necessitating Allahs last messenger. The new prophet was to be equipped

with a book namely the Quran that Allah guarantees that will not be

subject to corruption.

Abrogation can be seen as a way Allah grant favour to mankind in granting

the early Muslims a certain passage of time to accept Allahs future decrees.Earlier it was mentioned that the Arabs prior to the coming of the Prophet

s.aw. were in the Dark Ages in terms of their beliefs and practices.

Abrogation seen in this manner entitles mankind the ability to exercise the

gift of free will and his own faculty of reason without the sense of

compulsion. This also points to Allah ever wanting to relief hardship for

mankind.

Example of the above is the prohibition of consuming alcohol in Islam:-

Q 4-43 O ye who believe! Approach not prayers with a mind befogged,(562)

until ye can understand all that ye say,- nor in a state of ceremonial

impurity

Q 2-19 They ask thee concerning wine(240) and gambling(241). Say: "In

them is great sin, and some profit, for men; but the sin is greater than

the profit." They ask thee how much they are to spend; Say: "What is

beyond (242) your needs." Thus doth Allah Make clear to you His Signs: In

order that ye may consider

Q 5-90 O ye who believe! Intoxicants and gambling,(793) (dedication

of) stones,(794) and (divination by) arrows,(795) are an

abomination,- of Satan's handwork: eschew such (abomination), that

ye may prosper

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b) Indicating Sense Of Purpose And Direction

Abrogation also serves such purposes namely the recognition ofthe establishment of an Ummah, Arabic at that point in time

nevertheless universal in its appeal. Thus the shift of Qiblat for

prayers from Jerusalem back to the Kaabah of Abraham and Ishmael.

Jerusalem at that time was under the control of the Christian

Byzantine Empire which has less symbolism compared to Mekah.

Q 2-142.The fools among the people(140) will say: "What hath turned

them from the Qiblah(141) to which they were used?" Say: To Allah

belong both east and West: He guideth whom He will to a Way that is

straight.

Q 2-143 Thus(142), have We made of you an Ummat justly

Balanced (143), that ye might be witnesses (144) over the nat ions,

and th e Messenge r a wi tn es s ove r yourselves; and We appointed the

Qibla to which thou wast used, only to test those who followed the

Messenger from those who would turn on their heels(145) (From

the Faith). Indeed it was (A change) momentous, except to those

guided by Al lah. And never would Allah Make your faith of no

effect(146). For Allah is to all people Most surely full of kindness, Most

Merciful.

Q 2-144 We see the turning of thy face (for guidance) To the heavens(147):

now Shall We turn thee to a Qiblah that shall please thee. Turn then

Thy face in the direct ion of the sacred Mosque(148): Wherever ye are,

turn your faces in that direction. The people of the Book(149)

know well that that is the truth from their Lord. Nor is Allah

unmindful of what they do.

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Indeed the first action of the Prophet upon his return to Mekah was to

clean the Kaabah of its pagan idols. The other significance pertainingthe revelation is that it was revealed in Madinah which personifies

much of the nation and institutional building that took place (Quran

Madani) as compared to the Quran Makki revelations oriented to

rebuilding the soul of the new converts to Islam.

c) Indicating The Need Of Awareness And Change

Abrogation is seen as part and parcel of the progressive revelation to the

Prophet s.a.w. Certain revelations are in itself responses to the environment

facing Muslims in Madinah namely the challenged posed by the Hypocrites

(Munafik). Al-Baqarah 2.217 and Al Tawbah 9.61-9.70, 9.73-110, 9.84,

9.913 are the prime example. Other progressive revelation arises out of

questions posed to the Prophet s.a.w. where Allah deemed fit to provide

answers to. In essence abrogation is seen as a positive doctrine and there

are other purposes that were well served.

d) Indicating The Need To Apply Reason And Heed The Signs

The earlier three rationales were applicable to the early but the above is

timeless. The Quran is to serve as a guidebook for Muslims till Qiamah

whilst at the same time following the examples as laid down by the Prophet.

Nevertheless some Muslims have fallen into the trap of selective

interpretation and applications of the lessons. Much of our present

predicament results from this.

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To illustrate the following questions are asked of the reader?

1. Why change or reemphasize something if it is not important?2.

Why complicate early Muslim life with such pronouncements?

3. Why open the door to attack from within and the outside?

This rationale is to be supported by such:-

1. Dangers of alcoholism remains to the present with new forms ofintoxicants being introduced from time to time

2.

The rampant cases of adultery leading to breakdown in societalvalues which also culminated in the form of disease

3. The lost of Jerusalem to the Jews (Say: To Allah belong both Eastand West)

4. The present practice of only visiting graves only once or twice a year

e) Indicating Islam As The Last Religion

The Al-Quran is littered with references to the history prior to the coming of

the Prophet s.a.w. It tells us the fallibility of Man, the grace of Allah in

sending prophets armed with the message of Allah and some given

scriptures that serves similar purposes to the Quran. Thus the External

Naskh to previous scriptures of Christianity and Judaism. Naik (2000)in

Islamic Voice pointed to the supremacy of the religion is exemplified by the

challenge laid down gradually to the Unbelievers namely to produce a book,

then 10 surah or even 1 surah that comparable to the Al-Quran.

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PART 8:- CONCLUSION

The study of abrogation is of value and relevance to Muslims today. It

highlights the following:-i) The divine power and wisdom of Allah.ii) Understanding it in the context of Islamic history drives appreciation

of the strength of the religion.

iii) Full appreciation of Islamic history is imperative for Islamic revivaliv) Unity is seen as a driving force that propelled the Ummah forward and

its breakdown contributed to the opposite.

v)

Knowledge is one of the pre-requisite of a strong Ummah. Studies onthe Al-Quran, Sunnah and abrogation are the foundation to other

intellectual hunger for other forms of knowledge.

vi) Complexity of subject matter can be broken down, analyzed andbecome the foundation for better legal decisions as reflected by Imam

Shafii.

vii) Economics and politics should not be divorced from religion and thisis represented in Maqasid Al-Shariah. Important to student of Islamic

finance.

viii) The enemies of Islam attacks Islam not necessarily by engaging inopen warfare but via clash of ideas.

ix) The wisdom of abrogation should drive the quest of betterment, thequest to evolve and apply Ijtihad.

x) The lessons derived to be seen as applicable for leadership andmanagement in various scopes of everyday life.

xi) Al-Quran and the Sunnah are not to be understood in parts but as a whole. Part application results in dubious interpretation e.g. Jihad

(terrorism), rejection of worldly goals and other negatives.

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Recommendation: - The subject of Islamic history and abrogation as a

topic should be taught to Muslims children at the earliest age based on

the above value and relevance.

Bibliography

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religion. (n.d.). Dictionary.com Unabridged. Retrieved December 01, 2009,

from Dictionary.com website

http://dictionary.reference.com/browse/religion

Dawood, N.J,The Koran, Translated With Notes by N.J. Dawood,London: Penguin Classics; first published in 1956, fifth revised edition,

following the traditional sequence of surahs, published 1990

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Hobbes, Thomas. Leviathan, The Matter, Forme and Power of a Common

Wealth Ecclesiasticall and Civil, 1651

Rousseau, Jean Jacques. The Social Contract, or Principles of Political

Right(Du contrat social), 1762

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Plato, The Republic, circa 360 B.C

Hourani, Albert Habib, The History of the Arab Peoples. London: Faber

and Faber, First Published in 1991, with an afterword by Malise Ruthven

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Khan Nyazee, Imran Ahsan, Islamic Jurisprudence (Usul al-Fiqh). New

Delhi: Adam Publishers & Distributors, Edition - 2006

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Kamali, Mohammad Hashim, A Textbook of Hadith Studies, Authenticity,

Compilation, Classification and Criticism of Hadith. Leicestershire: The Islamic

Foundation, (2005)

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December 01, 2009, from Islamweb.net website

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87&Option=FatwaId

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Hart, Michael H. The 100: A Ranking of the Most Influential Persons in

History. New York: Carol Publishing Group/Citadel Press; first published

in 1978, reprinted with minor editions 1992

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Khan Nyazee, Imran Ahsan, Islamic Jurisprudence (Usul al-Fiqh). New

Delhi: Adam Publishers & Distributors, Edition - 2006

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Special Features and Criticism of Hadith. Kuala Lumpur : Islamic Book

Trust, (2006)

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World Order, New York, Simon & Schuster, 1996

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from Islamvoice.com website

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All Quranic quotes are from http://www.accesstoislam.com

Attachment File://P:\Map_Expansion.gifretrieved from

http://www.princeton.edu/~humcomp/dimensions.html

Other Reading Materials

Azami, Muhammad Mustafa, Studies in Hadith Methodology and Literature.

Kuala Lumpur: Islamic Book Trust, (2002)

Azami, Muhammad Mustafa, Studies in Early Hadith Literature with a

Critical Edition of Some Early Texts. Kuala Lumpur: Islamic Book Trust,

(2000)http://livingislam.org/n/itsw_e.html

http://www.britannica.com/EBchecked/topic/634540/Shah-Wali-Allah

http://qa.sunnipath.com/issue_view.asp?HD=7&ID=2656&CATE=1

http://www.loadislam.com/artical_det.php?artical_id=414&section=wel_isla

m&subsection=Misconceptions#10

http://www.meforum.org/1754/peace-or-jihad-abrogation-in-islam#_ftn7

http://www.arabnews.com/?page=5&section=0&article=116312&d=17&m=

11&y=2008

http://www.islamicity.com/dialogue/Q617.HTM

http://witnesspioneer.org/vil/Books/SH_Usul/Command_Prohibitions_Nas

k.htm

http://en.wordpress.com/tag/abrogation/

http://www.bbc.co.uk/religion/religions/islam/conversion/beginner_1.sht

ml

http://shamsuddinwaheed.blogspot.com/2008/07/quranic-abrogation-

examination-of-naskh.html

http://www.brillonline.nl/public/abrogation

http://www.qurancomplex.org/default.asp?l=eng

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http://ib/Abrogation/Map_Expansion.gifhttp://livingislam.org/n/itsw_e.htmlhttp://livingislam.org/n/itsw_e.htmlhttp://www.britannica.com/EBchecked/topic/634540/Shah-Wali-Allahhttp://www.britannica.com/EBchecked/topic/634540/Shah-Wali-Allahhttp://qa.sunnipath.com/issue_view.asp?HD=7&ID=2656&CATE=1http://qa.sunnipath.com/issue_view.asp?HD=7&ID=2656&CATE=1http://www.loadislam.com/artical_det.php?artical_id=414&section=wel_islam&subsection=Misconceptions#10http://www.loadislam.com/artical_det.php?artical_id=414&section=wel_islam&subsection=Misconceptions#10http://www.loadislam.com/artical_det.php?artical_id=414&section=wel_islam&subsection=Misconceptions#10http://www.meforum.org/1754/peace-or-jihad-abrogation-in-islam#_ftn7http://www.meforum.org/1754/peace-or-jihad-abrogation-in-islam#_ftn7http://www.arabnews.com/?page=5&section=0&article=116312&d=17&m=11&y=2008http://www.arabnews.com/?page=5&section=0&article=116312&d=17&m=11&y=2008http://www.arabnews.com/?page=5&section=0&article=116312&d=17&m=11&y=2008http://www.islamicity.com/dialogue/Q617.HTMhttp://www.islamicity.com/dialogue/Q617.HTMhttp://witnesspioneer.org/vil/Books/SH_Usul/Command_Prohibitions_Nask.htmhttp://witnesspioneer.org/vil/Books/SH_Usul/Command_Prohibitions_Nask.htmhttp://witnesspioneer.org/vil/Books/SH_Usul/Command_Prohibitions_Nask.htmhttp://en.wordpress.com/tag/abrogation/http://en.wordpress.com/tag/abrogation/http://www.bbc.co.uk/religion/religions/islam/conversion/beginner_1.shtmlhttp://www.bbc.co.uk/religion/religions/islam/conversion/beginner_1.shtmlhttp://www.bbc.co.uk/religion/religions/islam/conversion/beginner_1.shtmlhttp://shamsuddinwaheed.blogspot.com/2008/07/quranic-abrogation-examination-of-naskh.htmlhttp://shamsuddinwaheed.blogspot.com/2008/07/quranic-abrogation-examination-of-naskh.htmlhttp://shamsuddinwaheed.blogspot.com/2008/07/quranic-abrogation-examination-of-naskh.htmlhttp://www.brillonline.nl/public/abrogationhttp://www.brillonline.nl/public/abrogationhttp://www.qurancomplex.org/default.asp?l=enghttp://www.qurancomplex.org/default.asp?l=enghttp://www.qurancomplex.org/default.asp?l=enghttp://www.brillonline.nl/public/abrogationhttp://shamsuddinwaheed.blogspot.com/2008/07/quranic-abrogation-examination-of-naskh.htmlhttp://shamsuddinwaheed.blogspot.com/2008/07/quranic-abrogation-examination-of-naskh.htmlhttp://www.bbc.co.uk/religion/religions/islam/conversion/beginner_1.shtmlhttp://www.bbc.co.uk/religion/religions/islam/conversion/beginner_1.shtmlhttp://en.wordpress.com/tag/abrogation/http://witnesspioneer.org/vil/Books/SH_Usul/Command_Prohibitions_Nask.htmhttp://witnesspioneer.org/vil/Books/SH_Usul/Command_Prohibitions_Nask.htmhttp://www.islamicity.com/dialogue/Q617.HTMhttp://www.arabnews.com/?page=5&section=0&article=116312&d=17&m=11&y=2008http://www.arabnews.com/?page=5&section=0&article=116312&d=17&m=11&y=2008http://www.meforum.org/1754/peace-or-jihad-abrogation-in-islam#_ftn7http://www.loadislam.com/artical_det.php?artical_id=414&section=wel_islam&subsection=Misconceptions#10http://www.loadislam.com/artical_det.php?artical_id=414&section=wel_islam&subsection=Misconceptions#10http://qa.sunnipath.com/issue_view.asp?HD=7&ID=2656&CATE=1http://www.britannica.com/EBchecked/topic/634540/Shah-Wali-Allahhttp://livingislam.org/n/itsw_e.htmlhttp://ib/Abrogation/Map_Expansion.gif


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http://muslim-canada.org/contribution_shafi.html

http://www.islamicboard.com/quran/4983-uloom-al-quran-naskh-

abrogation.html

http://www.islamicperspectives.com/Stoning1.htmhttp://www.youtube.com/watch?v=6Kox5XNuyb8

Attachment:-

Map_Expansion.gif
http://muslim-canada.org/contribution_shafi.htmlhttp://muslim-canada.org/contribution_shafi.htmlhttp://www.islamicboard.com/quran/4983-uloom-al-quran-naskh-abrogation.htmlhttp://www.islamicboard.com/quran/4983-uloom-al-quran-naskh-abrogation.htmlhttp://www.islamicboard.com/quran/4983-uloom-al-quran-naskh-abrogation.htmlhttp://www.islamicperspectives.com/Stoning1.htmhttp://www.islamicperspectives.com/Stoning1.htmhttp://www.islamicperspectives.com/Stoning1.htmhttp://www.islamicboard.com/quran/4983-uloom-al-quran-naskh-abrogation.htmlhttp://www.islamicboard.com/quran/4983-uloom-al-quran-naskh-abrogation.htmlhttp://muslim-canada.org/contribution_shafi.html

abrogation_qawaid fiqqiyah

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