Naskh (Abrogation)

1
Naskh (Abrogation)
Lesson Nine
Chapter 7
2
Meaning

• Literally, naskh means obliteration, such as in
  
• ???? ????? ??? ?????, meaning the wind
  obliterated the footprint.
• Naskh also means transcription or transfer (?????
  ????????)
• The ulama have differed as to which of these two
  meaning of naskh is the literal (??????? 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
• (????? ????????) is the primary meaning of naskh.

3
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)
  ????) 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.

4
Scope

• 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
  Prophets 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.

5
Abrogation Ijma

• 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 ???????
  ??????.
• 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.

6
Abrogation Ijma

• 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 (???????
  ???????) or custom (?????).

7
Abrogation Qiyas

• 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.

8
When to Resort to Naskh

• In his Risalah, Imam Shafii has maintained the
  view that naskh is not a form of annulment
  (?????) 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 (???) and the
  other specific (???) 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.

9

• Naskh is not applicable to the perspicuous
  texts of the Quran and hadith known as ????????,
  like
• 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.

10
No abrogation can take place unless

• 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, 244)
• 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.

11

• 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 ShafiI, 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 (???), qualification (???) or exception
  (???????). For when this is the case, the issue
  is likely to be one of specification (?????), or
  qualification (?????) rather than abrogation.

12
Types of Naskh
Explicit (????) or Implicite (????)

• 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 (2142-144) 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 (2180) which permitted
  bequests to ones parents and relatives.
• ?????? ?????????? ????? ?????? ??????????
  ????????? ???? ?????? ??????? ????????????
  ??????????????? ???????????????? ??????????????
  ?????? ????? ?????????????
• This was subsequently abrogated by
  another text which entitled legal heirs to
  specific shares in inheritance.

13
Implicit abrogation
has been sub-divided into two types
Partial abrogation (??? ????)
Total abrogation (??? ???).

• 1.Total abrogation (naskh qull).
• The two Quranic texts concerning the waiting
  period (???) of widows, one year changed to four
  months and ten days.
• ??????????? ????????????? ???????? ???????????
  ?????????? ????????? ??????????????? ????????
  ????? ????????? ?????? ????????? ?????? ????????
  ????? ??????? ?????????? ??? ??? ???????? ???
  ????????????? ???? ????????? ????????? ???????
  ??????? (240)
  
  
• ??????????? ????????????? ???????? ???????????
  ?????????? ????????????? ???????????????
  ?????????? ???????? ????????? ??????? ????????
  ??????????? ????? ??????? ?????????? ??????
  ???????? ??? ????????????? ??????????????
  ????????? ????? ??????????? ??????? (234)
  
  
  

14

• 2. Partial abrogation (??? ????) is a form of
  naskh in which one text is only partially
  abrogated by another.
• The Quranic ayah of ?????(slanderous accusation),
  partially repealed by the ayah of imprecation
  (??????).
• 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,
  244). ??????????? ????????? ?????????????? ?????
  ???? ???????? ???????????? ?????????
  ?????????????? ?????????? ???????? ?????
  ?????????? ?????? ????????? ??????? ???????????
  ???? ?????????????
  
• 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, 246). ??????????? ?????????
  ????????????? ?????? ?????? ?????? ?????????
  ?????? ???????????? ??????????? ??????????
  ???????? ?????????? ????????? ??????? ??????
  ????????????? (6) ?????????????? ????? ????????
  ??????? ???????? ???? ????? ???? ?????????????
• 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.

15
Types of Naskh

• Naskh has once again been classified into three
  types.
• The first naskh al-hukm The words of the
  Quranic text concerning bequests to relatives
  (2180) and the one concerning the iddah of
  widows (2240) are still a part of the Quran.
• 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 womans milk

16
Abrogation ofby

• 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
• Abrogation of the Quran by the Quran
• Abrogation of the Sunnah by the Sunnah
• Abrogation of the Quran by the Sunnah.
• Abrogation of the Sunnah by the Quran

17
Types of Naskh

• The main exception to the foregoing
  classification of naskh is taken by Imam Shafii,
  the majority of the Mutazilah 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-shafii, the ahad, however, can
  abrogate the mutawatir. Al-Shafii 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
  Kabah they acted upon it.

18
Abrogation ofby

• 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-Shafiis 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.

19
II. Abrogation, Specification (?????) and
Addition (Tazid)

• 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 Abrogation Specification
  
• No real conflict in takhsis.
• Naskh can occur in respect of a general or
  specific ruling takhsis can, occur in respect of
  a general ruling only.
• Naskh is basically confined to the Quran and
  Sunnah. Takhsis can also occur on the grounds of
  rationality and circumstantial evidence.

20
II. Abrogation, Specification and Addition

1. Takhsis is possible by means of speculative
   evidence such as qiyas and solitary hadith.
   Naskh, by another qati ruling.
2. 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 ????? and
   ?????? (divorce by mutual imprecation). The
   first was revealed general law ???), but at a
   time when there was an occasion for its
   enforcement, the second ayah was revealed.

21
Is the Addition Naskh?

• The added materials may fall into one of two
  categories
• 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.
• The new addition may not be independent of the
  original text. A hypothetical
  example of this would be to add another unit
  (rakah) 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.

22
III. The Argument against Naskh

• While ??????? 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-Suyutis 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,
  2106).
• ??? ???????? ???? ?????? ???? ????????? ??????
  ???????? ??????? ???? ????????? ?????? ????????
  ????? ??????? ????? ????? ?????? ???????

23

• 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
  Mutazili scholar and author of a Quran
  commentary (Jami al-Tawil), 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.

24
Exaggeration

• 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 ones
  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 shari ruling by
  another, and there was no shari ruling prior to
  the advent of Islam.