NASKH NASKH (ABROGATION)(ABROGATION)

Lesson NineLesson Nine

Chapter Chapter 77

Literally, naskh means ‘obliteration’, such as in

المشى أثر الريح meaning ‘the wind obliterated the ,نسختfootprint’.

Naskh also means transcription or transfer ( النقل ;(والتحويل

The ulama have differed as to which of these two meaning of naskh is the literal (الحقيقى as opposed to that which might be metaphorical (majazi).

Abu Bakr al-Baqillan and al-Ghazali, have held that ‘naskh’ is a homonym.

According to the majority view, however, obliteration ( واالزالة .is the primary meaning of naskh (الرفع

MEANING

Naskh may be defined as the suspension or replacement of one Shariah ruling by another, provided that the latter is of a subsequent origin, and that the two rulings are enacted separately from one another.

Naskh operates with regard to the rules of Shariah only, which excludes the application of naskh to rules that are founded in rationality) عقلى) alone.

Abrogation applies almost exclusively to the Quran and the Sunnah; the application of naskh to the Quran and Sunnah is confined, in terms of time, to one period only, which is the lifetime of the Prophet.

The ulama are unanimous on the occurrence of naskh in the Sunnah.

Abrogation is, by and large, a Medinan phenomenon which occurred as a result of the changes that the Muslim community encountered following the Prophet’s migration to Medina.

The number of daily prayers which was initially fixed at two but was later increased to five, mutah, or temporary marriage, was initially permitted.

Some Hanafi and Mutazili scholars have held the view that ijma can abrogate a ruling of the Quran or the Sunnah. The proponents of this view have claimed that it was due to ijma that Umar ibn al-Khattab discontinued the share of the قلوبهم .المؤلفة

The majority ulama have held that ijma neither abrogates nor can be abrogated itself; ijma cannot abrogate a nass of the Quran or the Sunnah, for a valid ijma may never be concluded in contradiction to the Quran or the Sunnah.

The Mutazili scholars and also the Hanafi scholar Isa ibn Aban, have, on the other hand, held that ijma may abrogate the nass and give as an example the Quranic text on the share of muallafah al-qulub.

The jumhur have replied that this was a case not of abrogation, but of the termination of a hukm because of the termination of its illah.

However, a later ijma may abrogate an existing ijma in consideration of public interest ( المصالح.(العرف) or custom (المرسلة

Abrogation & Ijma’

Since the principal function of qiyas is to extend the rulings of the Quran and the Sunnah to similar cases, it can never operate in the opposite direction, namely, to revoke a text of the Quran or Sunnah.

In his Risalah, Imam Shafii has maintained the view that naskh is not a form of annulment (الغاء); rather, it is a suspension or termination of one ruling by another.

Instances of conflict between two texts may turn out to be apparent rather than real.

One of the two texts may be general (عام) and the other specific (خاص) one that is stronger in respect of authenticity (thubit) is to be preferred.

But if the two texts happen to be equal on all of these points, then the prohibitory text is to be given priority over the permissive in all instances of conflict, it is essential to determine the time factor. If this can be determined, then the later in time abrogates the earlier.

WHEN TO RESORT TO NASKH

Naskh is not applicable to the ‘perspicuous’ texts of the Quran and hadith known as :like ,المحكمات

Certain subjects to which abrogation does not apply; attributes of God, principles of faith, Shariah of Islam itself, which is the last of the revealed laws.

Rational matters and moral truths such as nusus of the Quran and Sunnah that relate the occurrence of certain events in the past.

NO ABROGATION CAN TAKE PLACE NO ABROGATION CAN TAKE PLACE UNLESSUNLESS: :

First, that the text itself has not precluded the possibility,

ex. The Qur'anic provision concerning persons who are convicted of slanderous accusation (qadhf) that they may never be admitted as witnesses (al-Nur, 24:4)

ex. 2- the Hadith which proclaims that `jihad shall remain valid till the day of resurrection', obviously precludes the possibility of abrogating the permanent validity of jihad

Second, that the subject is open to the possibility of repeal.

Thus the attributes of God and the principles of belief, moral virtues and rational truths, etc., are not open to abrogation

Third, that the abrogating text is of a later origin.

Fourth, that the two texts are of equal strength.

Thus a textual ruling of the Quran may be abrogated either by another Quranic text or by a mutawatir hadith ; according to the hanafis even by a mashhur hadith.

According to Imam Shafi’I, however, the Sunnah, whether as mutawatir or ahad, may not abrogate the Quran.

Fifth, that the two texts are genuinely in conflict and can in no way be reconciled.

Lastly, that the two texts are separate and are not related in the sense of one being the condition or exception (وصف) qualification ,(شرط) For when this is the case, the issue is .(استثناء)likely to be one of specification (تخصيص), or qualification (تقييد) rather than abrogation.

explicit (sarih) Abrogation such as in the Hadith which provides: `I had forbidden you from visiting the graves. Nay, visit them, for they remind you of the hereafter.

An example of explicit abrogation in the Quran is the passage in sura al-Baqarah (2:142-144) with regard to the change in the direction of the qiblah from Jeruselem to the Kabah.

In the case of implicit abrogation, the abrogating text does not clarify all the relevant facts.

An example of implicit abrogation is the ruling in sura al-Baqarah (2:180) which permitted bequests to one’s parents and relatives.

pنrيsدpال sوrلpل tةuي pصsوrال ا vرrي sخ sك sرsت rنpإ tتrو sمrال tمtكsد sحsأ sر sض sح إpذsا rمtكrيsلsع sبpتtك sين pقuت tمrال عsلsى ا ق� sح pوف tرrع sمrالpب sينpب sر rقs rاأل sو

This was subsequently abrogated by another text which entitled legal heirs to specific shares in inheritance.

Types of Naskh

Explicit (Explicit (صريحصريح) or Implicite () or Implicite (ضمنىضمنى))

IMPLICIT ABROGATION

1.Total abrogation (naskh qull). The two Quranic texts concerning the waiting period (عدة) of widows,

one year changed to four months and ten days.

تsاعvا sم rم pه pاجsو rزs pأل vةuي pصsو ا vاجsو rزs أ sون tرsذsي sو rمtكrن pم sنrو uفsوsتtي sينpذuال sا و sم فpي rمtكrيsلsع sاحsن tج sال sف sن rج sر sخ rنpإ sف اج� sر rخpإ sرrيsغ pلrو sحrال pلsى كpيم� (إ sح عsزpيز� tهuالل sو وف� tرrعsم rنpم uن pه pس tفrنs أ فpي sنrلsع s240ف(

sةsعsب rرs أ uن pه pس tفrنs بpأ sن rصuب sرsتsي ا vاجsو rزs أ sون tرsذsي sو rمtكrن pم sنrو uفsوsتtي sينpذuال sو sنrلsع sف ا sيم pف rمtكrيsلsع sاحsن tج sال sف uن tهsل sجsأ sنrغsلsب إpذsا sف ا vر rشsعsو ر� tه rشsأ

بpير� ( sخ sونtل sمrعsت ا sمpب tهuالل sو pوف tرrع sمrالpب uن pه pس tفrنs أ )234فpي

Partial abrogation ( جزئى (نسخ

Total abrogation ( كلى .(نسخ

has been sub-divided into two types:

2. Partial abrogation ( جزئى is a form of naskh in (نسخwhich one text is only partially abrogated by another.• The Quranic ayah of القذف(slanderous accusation), partially

repealed by the ayah of imprecation (اللعان).• Those who accuse chaste women [of adultery] and then fail to

bring four witnesses to prove it shall be flogged with eighty lashes (al-Nur, 24:4). pةsعsب rر

sأpب rتtوا يsأ rمsل uمtث pاتsن sص rحtمrال sونtم rرsي sينpذuال sو sكpئsولtأ sو sبsدvا أ vةsاد sه sش rم tهsل بsلtوا rقsت sالsو vةsدrل sج sينpان sمsث rمtوهtدpل rاج sف sاءsد sه tش

sون tق pاس sفrال tمtه • Those who accuse their spouses and have no witnesses, other

than their own words, to support their claim, must take four solemn oaths in the name of God and testify that they are telling the truth (al-Nur, 24:6). rم tهsل rنtكsي rمsل sو rم tه sاج sو rزsأ sونtم rرsي sينpذuال sو

sنpمsل tهuنp إ pهuاللpب ادsات� sه sش tعsب rرs أ rمpهpد sحsأ tةsاد sه sشsف rم tه tس tفrنs أ uالpإ tاءsد sه tش

) sين pقpاد u6الص (sينpبpاذsكrال sنpم sانsك rنpإ pهrيsلsع pهuالل sةsنrعsل uنsأ tة sسpام sخrال sو• The first ayah lays down the general rule that anyone, be it a

spouse or otherwise, who accuses chaste women of zina must produce four witnesses.

• The second ayah provides that if the accuser happens to be a spouse; he may take four solemn oaths to take the place of four witnesses.

Naskh has once again been classified into three types.

1. The first: naskh al-hukm: The words of the Quranic text concerning bequests to relatives (2:180) and the one concerning the iddah of widows (2:240) are still a part of the Quran.

2. Naskh al-tilawah is abrogation of the words of the words of text while ruling is retained . Example, ‘When a married man or a married woman commits zina, their punishment shall be stoning as retribution ordained by God.’

3- Naskh al-hukm wa al-tilawah that is abrogation of both the words and the ruling- Example, According to Aisha,, it had been revealed in the Quran that ten clear suckings by a child make marriage unlawful between that child and others who drank the same woman’s milk

Types of Naskh

According to the majority (jumhur) view, the Quran and the Sunnah may be abrogated by themselves or by one another. Abrogation may be once again classified into the following varieties:

1) Abrogation of the Quran by the Quran

2) Abrogation of the Sunnah by the Sunnah

3) Abrogation of the Quran by the Sunnah.

4) Abrogation of the Sunnah by the Quran;

Abrogation of…by…Abrogation of…by…

Types of Naskh

The main exception to the foregoing classification of naskh is taken by Imam Shafi’i, the majority of the Mu’tazilah and Ahmad ibn Hanbal (according to one of two variant reports), who have validated the first two types of abrogation, but have overruled the validity of the remaining two.

According to the preferred view, which is also held by al-shafi’i, the ahad, however, can abrogate the mutawatir. Al-Shafi’i refers to the incident when the congregation of worshippers at the mosque of Quba’ were informed by a single person (khabar al-wahid) of the change in direction of the qiblah from Jerusalem to the Ka’bah; they acted upon it.

Types of Naskh

If the Quran were to abrogate the Sunnah, while the Prophet has not indicated such to be the case, to give an example, all the varieties of sale that the Prophet had banned prior to the revelation of the Quranic ayah on the legality of sale would be rendered lawful. Punishment of stoning for sins authorized by the Prophet would be deemed abrogated by the variant ruling of one hundred lashes in sura al-Nur.

The majority opinion, which admits abrogation of the Quran and Sunnah by one another, is preferable as it is based on the factual evidence of having actually taken place. While referring to al-Shafi’is doctrine, al-Ghazali comments: ‘How can we sustain this in the face of the evidence that the Quran never validated Jerusalem as the qiblah? Furthermore, the Quranic ayah which permitted conjugal intercourse at night-time in Ramadan abrogated the prohibition that the Sunnah had previously imposed.’

Abrogation of…by…Abrogation of…by…

Naskh and takhsis resemble one another in that both tend to qualify or specify an original ruling in some way. Particularly true, perhaps, of partial naskh.

Main differences between Main differences between Abrogation Specification Abrogation Specification

1. No real conflict in takhsis.

2. Naskh can occur in respect of a general or specific ruling; takhsis can, occur in respect of a general ruling only.

3. Naskh is basically confined to the Quran and Sunnah. Takhsis can also occur on the grounds of rationality and circumstantial evidence.

II. ABROGATION, SPECIFICATION II. ABROGATION, SPECIFICATION ( (تخصيصتخصيص))

AND ADDITION (TAZ’ID)AND ADDITION (TAZ’ID)

4. Takhsis is possible by means of speculative evidence such as qiyas and solitary hadith. Naskh, by another qat’i ruling.

5. In naskh it is essential that the abrogator (al-nasikh) is later in time. While regard to takhsis, the Hanafis maintain that the ‘amm and the khass must in fact be either simultaneous or parallel in time. But according to the majority, the ‘amm and khass can precede or succeed one anther. In the two ayat regarding القذف and اللعان (divorce by mutual imprecation). The first was revealed general law but at a time when there was an occasion for ,(عامits enforcement, the second ayah was revealed.

II. Abrogation, SpecificationII. Abrogation, Specification and Additionand Addition

The added materials may fall into one of two categories:1)The addition may be independent of the original text but

relate to the same subject, such as adding a sixth salah to the existing five. Does this amount to the abrogation of the original ruling? The majority of ulama have answered this question in the negative.

2)The new addition may not be independent of the original text. A hypothetical example of this would be to add another unit (rak’ah) or an additional prostration.

Another example to add to the existing requirement of releasing a slave in expiation for breaking the fast a new condition that the slave has to be a Muslim. The ulama have differed on this, the majorities have held the view that it does not amount to abrogation.

Is the Addition Naskh?Is the Addition Naskh?

While السيوطى has claimed, in his Itqan fi Ulum al-Quran, twenty-one instances of naskh in the Quran, Shah Wali Allah (d. 1762 AD) has only retained five of al-Suyuti’s twenty-one cases as genuine.

The majority of ulumaa have nevertheless acknowledged the incidence of naskh in the Quran on the authority of the Quran itself.

“None of our revelations do We abrogate nor cause to be forgotten unless We substitute for them something better

or similar ” (al-Baqarah, 2:106).

rمsلs أ ا sهpلrث pم rوsأ ا sهrن pم يrر� sخpب pتrأsن ا sه pسrنtن rو

sأ sيsة� آ rنpم rخ sسrنsن ا sمدpير� sق ء� rي sش كtل  عsلsى sهuالل uنsأ rمsلrعsت

To some commentators, the word ‘ayah in these passages refers not to the text of the Quran itself, but to previous scriptures including the Torah and the Bible. Abu Muslim al-Isfahani, a Mu’tazili scholar and author of a Quran commentary (Jami al-Ta’wil), has held the view that all instances of so-called abrogation in the Quran are in effect no more than qualifications and takhsis of one text by another, To al-Isfahani, the word ‘ayah in these passages means not a portion of the Quranic text, but miracle.

Two other points that al-Isfahani has added to his interpretation are as follows. Supposing that the passages under consideration do mean abrogation, even then they do not confirm the actual occurrence of naskh but rather the possibility of it. Lastly, al-Isfahani maintains that all instances of conflict in the Quran are apparent rather than real.

According to the majority of uluma, the occurrence of naskh in the Quran is proven beyond dispute. By the clear text of the Quran, ijma has been claimed in its favour.

Some exaggerated the actual instances of abrogation, Ibn Hazm, Wahbatullah Ibn Salamah and Jamal Ibn al-Jawzi (the author of Nawasikh al-Quran) who listed the incidents of naskh in the Quran at 214, 213, and 247 respectively. Jalal al-Din al-Suyuti counted them at twenty-one cases; Shah Wali Allah at five and Abu Muslim al-Isfahani, as already noted, has denied naskh altogether.

The main reason behind the exaggerated figures related to a certain overlap and confusion between naskh and takhsis; between naskh and termination of the effective cause.

The fact that the Quran confined the number of divorces to three, and of polygamy to four, and that it proscribed marriage with one’s step-mother and so forth did not mean that the preceding customary practices were abrogated. There was in fact no naskh; for naskh is by definition removal of one shar’i ruling by another, and there was no shar’i ruling prior to the advent of Islam.