Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 17]
With regard to abrogating the written utterance and the rule, abrogation in Islamic law is divided into three types:
1) Abrogation of the written utterance while the rule is retained.
For example, Umar narrated, may Allah be pleased with him, “Beware of not applying the rule of ayah of the stoning of the adulterer and adulteress. Someone may say, ‘We do not find these two rules in the Quran, i.e. stoning the adulterer and the adulteress.’ Verily, Messenger Muhammad [peace be upon him] stoned them, and we stoned them after him. By the One in whose my soul is, Allah, had it been that people would say, ‘Umar added an ayah to the Quran, I would write it [If an old man and woman commit adultery, absolutely stone them.) Indeed, we have read it in the Quran.”
2) Abrogation of the rule while its written utterance is retained.
For example, the rule mentioned in ayah 240 is abrogated by the rule mentioned in ayah 234 in surah al-Baqarah.
Allah says, interpretation of the meaning,
2:240 And those of you who die, leaving wives, let them make bequeath for their wives, provision for a year…
2:234 Those of you who die, leaving wives, their wives shall wait four months and ten days…
Ayah 240 says that the waiting period for a widow is a year. Then, this rule is abrogated by the rule mentioned in ayah 234, which says that the waiting period for a widow is four months and ten days.
The utterance of the abrogated and the abrogating rule exists in the Quran.
Someone may say, ‘What is the rationale behind abrogating the rule while its written utterance is retained?’
The answer is as follows:
1) The reciter of the Quran will be rewarded for reciting the ayah though the rule therein is abrogated.
2) Reminding the Muslim nations of the rationale behind the abrogation.
3) Abrogation of both the written text of the ayah and the rule
For example, Aisha, may Allah be pleased with her, narrated, “Among the ayat that were revealed in the Quran was the ayah of suckling. It says that marriage is unlawful between a child, who sucks ten suckling, and another child, who was breastfed by the same woman. Then this rule was abrogated by another rule that says five known suckling. The ayah of suckling used to be recited in the Quran when Messenger Muhammad died.”
(The ayah of suckling used to be recited in the Quran when Messenger Muhammad died.) This means that the ayah abrogating ten suckling to five suckling was revealed too late to the extent that some believers kept on reciting it as part of the Quran as they did not know about its abrogation.
In other words, the written text and the rule of the ayah that says that marriage is unlawful by ten suckling was abrogated. On the other hand, the written text of the ayah that says the marriage is unlawful by five suckling is abrogated, but the rule was retained.
Abrogation of a Rule by a Substitute Rule
1) It is permissible to abrogate a rule by a substitute rule, namely, abrogating a rule by another rule.
For example, the rule to face Jerusalem when praying was abrogated by requiring to face the Holy mosque in Makkah when praying.
2) It is permissible to abrogate a rule without any substitute rule.
For example, the rule requiring giving charity when having a private consultation with Messenger Muhammad [peace be upon him], which is mentioned in surah [58:12] was abrogated by [58:13]. However, no substation is mentioned in the abrogating ayah [13] for giving charity, which is required in ayah 12]
Allah says interpretation of the meaning,
58:12 O you who believe, when wanting to have a private consultation with Allah’s Messenger, then give charity before your consultation. That will be better for you and purer. Yet if you find no means, verily, Allah is All-Forgiving, the Most Merciful.
The rule to give charity before having a private consultation with the Messenger of Allah, which is mentioned in [58:12], is abrogated by [58:13, which does not mention any substitution for giving charity.
58:13 Are you afraid of giving charity before your consultation? If you have not done so and Allah has forgiven you, then constantly perform the prayer, give zakat, and obey Allah and His Messenger. And Allah is All-Aware of what you do.
Types of Abrogation by a Substitute Rule
1) The abrogating rule is lighter than the abrogated rule.
For example, the waiting period for a widow was a year. Then, the rule was abrogated by another rule, which says that the waiting period for a widow would be four months and ten days.
2:240 And those of you who die, leaving wives, let them make bequeath for their wives, provision for a year…
2:234 Those of you who die, leaving wives, their wives shall wait four months and ten days…
2) The abrogating rule and the abrogated rule are equal concerning difficulty and easiness.
For example, the rule to face Jerusalem in the prayer was abrogated by another rule, which says that the believers must face Makkah in the prayer. Facing Jerusalem is equal to facing the Kaaba in Makkah concerning difficulty and easiness. The believers need only to change the direction when praying.
3) The abrogating rule is more difficult than the abrogated rule.
For example, abrogating the rule that it is permissible to choose between fasting the month of Ramadan and not fasting it and offering compensation for not fasting. This rule was abrogated by making fasting of Ramadan obligatory for Muslims.
Allah says, interpretation of the meaning,
2:184 Fasting is on certain days. So, whoever of you is sick or on a journey, then an equal number of days should be made up. And those who can fast it with difficulty should pay a ransom, feeding a needy person. Whoever volunteers, it will be better for him and if you fast, it will be better for you if you know.
At the beginning of the ayah, it was permissible for a believer to fast the month of Ramadan or not fast it and pay a ransom for not fasting by feeding a needy person.
This rule was abrogated by making fasting the month of Ramadan obligatory on the believers who witness the month of Ramadan and can fast it and not travelling.
Types of Abrogation in Respect of the Abrogating Rule
Abrogating the Quran by the Quran and abrogating the Sunnah by the Sunnah
1. Abrogating a rule in the Quran by a rule in the Quran.
For example, the rule mentioned in ayah 2:240 is abrogated by a rule mentioned in ayah 234, which are above-mentioned.
2. Abrogating a rule in the Sunnah by a rule in the Quran
For example, abrogating the rule, which makes obligatory to face Jerusalem when praying, which was confirmed by the Sunnah. This rule was abrogated by a rule, which makes obligatory to face the Kaaba in Makkah, which was confirmed by the Quran. Allah says, interpretation of the meaning,
2:144 We have seen the turning of your face to heaven. So, We shall surely make you turn towards a qiblah, which shall please you. So turn your face toward the Sacred Mosque. And wherever you may be, turn your faces towards it…
3. Abrogation of a rule mentioned in the Sunnah by a rule mentioned in the Sunnah
For example, Messenger Muhammad [peace be upon him] said, ‘I forbade you from visiting the graves, but you may visit them now.’
The Sunnah confirmed the first rule of forbidding visiting the graves. Then, the Sunnah also confirmed the second rule permitting visiting the graves.
Mutawatir narration is a successive narration, which is conveyed by narrators so numerous that it is inconceivable that they have agreed to lie.
The entire Quran is mutawatir. The Sunnah of Messenger Muhammad is either mutawatir or ahaad.
Ahaad narration is a narration that is not mutawatir.
a. The majority of scholars of jurisprudence maintain that is possible that a rule mentioned in a mutawatir Sunnah abrogates a rule mentioned in the Quran. That is because mutawatir Sunnah is a revelation from Allah that Messenger Muhammad conveyed.
b. It is possible that a rule mentioned in a mutawatir Sunnah abrogates another mutawatir Sunnah.
c. It is possible that a rule mentioned in a mutawatir Sunnah abrogates ahaad narration.
d. It is possible that a rule mentioned in ahaad Sunnah abrogates a rule mentioned in ahaad narration.
e. It is impossible that a rule mentioned in an ahaad narration abrogates a rule mentioned in the Quran.
Summary of Types of Abrogation of the Quran and the Sunnah
a) The abrogating rule is equal to the abrogated
1. Abrogating a rule mentioned in the Qur’an by a rule mentioned in the Qur’an.
2. Abrogating a rule mentioned in a mutawatir Sunnah by a rule mentioned in a mutawatir Sunnah.
3. Abrogating a rule mentioned in ahaad Sunnah by a rule mentioned in ahaad Sunnah.
b) The abrogating rule is superior to the abrogated
1. Abrogating a rule mentioned in ahaad Sunnah by the Qur’an.
2. Abrogation a rule mentioned in ahaad Sunnah by mutawatir Sunnah.
3. Abrogating a rule mentioned in mutawatir Sunnah by the Qur’an.
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