The concept of abrogation in islam is a long and drawn out process. In the end, every school (madhab) disagrees to one extent or the other concerning abrogation, and every scholar disagrees with everyone else. Depending upon which scholar you listen to, you have some teaching only 1 verses was ever abrogated and some believe up to 500. (I personally think those who believe up to 500 are crazy, lazy, and just WANT it to be like that so they don't have to do much thinking!)
I personally only believe in the abrogation of 9 verses. The rest work hand in hand together... this is what I believe. This is how I was taught by scholars, and this is how I always taught Islam - as I was also a teacher.
In order for you to see how in depth this concept is, and how it originated from the scholars themselves, I will quote this:
Hanafi Doctrine of Naskh (Abrogation)
Hamdard Islamicus, Vol. 22 (1999) No. 3
by Dr. M. Akram Rana
In the usual classification of Muslim sciences, the
usul al-fiqh isgenerally defined as the science of the proofs which lead to the establishment of legal standard.(1)
The
usul had been the subject of study by jurists as attested by the fact that Abu Yusuf discusses certain aspects of it in his
Kitab al-Kharaj(2) and Shaybani is reported to have written a book on the
usul.(3) But this term had not yet acquired the technical meaning of a science dealing specifically with the sources of Islamic law. The
Risalah,(4) a unique work in the literature of Islamic law, gave Shafi’i a name as the founder of the science of
usul al-fiqh. Shafi’i was followed in his monumental work on the principles of jurisprudence by a Hanafi jurist, al-Karkhi, the teacher of al-Jassas. Although his treatment was very sketchy, it was a fruitful start in the field concerned.(5) Al-Karkhi was followed by Abu Bakr al-Jassas who wrote a comprehensive book about
usul al-fiqh in which he explained the views of his teacher al-Karkhi.(6) The
Usul al-Jassas, as a matter of fact, is the first systematic attempt ever made to describe the principles of Muslim jurisprudence. The late Hanafi works on the
usul and particularly on
al-Nasikh wa’l Mansukh give us clues that most of the ideas were borrowed from the
Usul al-Jassas.(7) Mustafa Zaid,(8) an Egyptian Writer on the subject of
al-Nasikh wa'l-Mansukh, states that definition of
naskh by Jassas was followed for five centuries. Jassas included in his
Usul the views who do and do not believe in the theory of
Naskh. The views of his fellow Hanafites like 'Isa b. Aban are also explained. Further, he presented Karkhi's views and remarked that Karkhi's opinions were clearer than those of 'Isa b. Aban's.(9) Records show that Jassas was an exponent of the Hanafi school and its acknowledged
Usuli. The production of the
Usul al-Jassas was intended to verify the
fiqh of Imam Abu Hanifah. Jassas endeavoured to document the Hanafi views in the light of verses of the Qur'an and the
ahadith of the Prophet (P.B.H.).
Abu Hanifah may here be mentioned as the founder of the system. He acquired much of his knowledge from Hammad b. Abi Sulaymain who is regarded as the pioneer of the Hanafi school. The
fiqh of the Iraqi school was supported and established by the great pupils of Imam Abu Hanifah i.e., Abu Yusuf and Shaybani. At the request of caliph Harun al-Rasyid, the former compiled his
Kitab al-Kharaj which, however, covers much wider ground than is indicated by its title. However, little is learnt about
naskh from the book. Abu Yusuf maintains that the
Sunnah can override the Qur'an. The abrogation of the Qur'anic injunction of ablution (al-Qur'an, V:6) by the wiping of the shoes is a case in point.(10) Shaybani, like his companion Abu Yusuf, did not discuss the principles of abrogation in detail although some instances of
naskh are discussed in his works. Shaybani reported that the Prophet (P.B.H.) launched a campaign against. Al-Ta'if at the beginning of the sacred month of
Muharram and continued it for forty days until he captured the city in the month of
Safar. Shaybani then produced a report on the authority of
Mujahid in which he had declared that the prohibition of fighting during the sacred months was abrogated. According to
Mujahid, the prohibition of fighting during the sacred months as laid down in the Qur'an (11:217) was abrogated by God in another verse: "slay the Pagans wherever you may find them" (al-Qur’an, IX:5). When Shaybani that fighting during the sacred months, according to Kalbi, was not abrogated, he remarked that Kalbi's opinion was not to be followed.(11) This sort of report tells us that there was no agreed theory of
naskh. It also informs us that there seems to be no agreement among the jurists on the incidence of
naskh. The earlier works on
fiqh and
hadith show that the word
naskh was not used frequently. In the
Muwatta’ of Imam Malik the word
naskh is mentioned only once. It is held that the Qur'anic injunction which prescribed the precise shares of the listed relatives of a deceased person (al-Qur’an, IV:11-12) abrogated the Qur'anic injunction concerning
wasiyyah (al-Qur’an, 11:180). Imam Malik also indicated that the Qur'an could abrogate the
Sunnah, but in this case he used the word
taraka. He agreed with his teacher Zuhri on the point that the later command abrogated the earlier.(12)
The works on
al-Nasikh wa'l-Mansukh reveal that there was no single reported instance in which the Prophet (P.B.H.) said explicitly that a certain ruling was abrogated. Hamadhani, however, records two versions in which the name of the Prophet (P.B.H.) was involved. 'Urwah b. Zubayr said: "I testify that ray father told me that the Prophet (P.B.H.) would make a statement and after a while, he would abrogate it by means of another statement just as the Qur’an abrogates other parts of the Qur’an". Ibn Baylmani reported on the authority of his father that ibn 'Umar heard from the Prophet (P.B.H.) who had said: "Some parts of my
ahadith abrogate other parts of my
ahadith". Hamadhani, after recording this
hadith, argued that no one except ibn Baylmani had narrated this
ahadith. Further, ibn Baylmani was not a reliable person and his
hadith must not be accepted.(13)
Shafi’i, according to Hamadhani, was the first scholar who systematised the principles of
naskh.(14) This reveals that principles of
naskh were in operation. Before we present the Hanafi's views on abrogation and the arguments against and for the theory concerned presented by Jassas and documented by Sarakhsi, it would be extremely useful to see how Jassas settles the meaning of
naskh.
The scholars disagreed concerning the meaning of
naskh. Some said: "it refers to
naql (transfer). They say:
nasakha al-Kitab (He copied the book i.e., he transferred what was in, the original copy to another copy). Others said: it refers to
ibtal (nullification). They say:
nasakhat al-shams al-zill, (the sun removed the shade). Some of them said:
naskh is
zalah. They refer to
nasakhat al-rih al-athar (The wind obliterated the traces). These words are close in meaning, and whatever
naskh may mean in the language, when it is used for the abrogation of the ruling, it is used metaphorically." Jassas rejects all the possible meaning of
naskh, derived from secular usage whether it refers to
naql, ibtal or
iza1ah.(15)
Jassas restricts discussion of the word
naskh to the
Shari’ah usage and remarks: "
Naskh is the declaration of the time of the particular ruling which we thought would remain for ever, but the second ruling made it clear that the time of the ruling was for a certain period and it was now no longer valid."(16)
This meaning of
naskh had not been defined by any of Jassas' predecessors, therefore, he was the first person to declare that
naskh in the
Shari’ah is the
bayan of the duration of the ruling. This definition of
naskh was adopted by Jassas in order to refute the views of those Muslim scholars who held that
naskh, never occurred in the
Shari’ah. It was also to refute those Jews who had declared that Moses had informed them that the
Shari’ah of the
Torah and working on the day of the Sabbath would never be abrogated. Thirdly, it was to refute the views of Shafi’i who had maintained that only the Qur'an superseded the Qur'an; only the
Sunnah superseded the
Sunnah. He claimed that they did not and could not supersede each other. The function of the
Sunnah, he believes, is to follow what is laid down in the Qur'an. In support of his view he listed some Qur’anic verses which according to him clearly spoke about the abrogation of the Qur'an alone.(17) He refers the Qur'anic verses X:15 and II:106. His opponents interpreted the same verses to indicate that the Qur’an could be abrogated by the
Sunnah, and the
Sunnah could be abrogated by the Qur'an. According to Jassas, the Qur’an (11:106) indicated that
naskh occurred in the Qur'an. It did not indicate that the Qur'anic verse would be abrogated by a better or similar Qur'anic verse, since nothing prevented as from understanding from the verse that abrogation might be achieved by the
Sunnah which was revealed to the Prophet (P.B.H.), and this, he argued, was the precise meaning of the verses: "we bring better or like thereof("18.) God meant to state that He would make a ruling superior to the first in the sense of its being easier to perform, or richer in terms of reward.(19)
Concerning those, Muslim scholars who did not believe in the theory of
naskh, Jassas stated: "Some of the modern scholars have asserted that there was no
naskh in the
Shari’ah of our Prophet (P.B.H.). The occurrence of
naskh was merely an indication that laws of the previous prophets (A.S.) were abrogated like the Sabbath and facing towards the East or the West while praying. They had argued that our Prophet (P.B.H.) was the last of the prophets (A S.) and his
Shari’ah was confirmed and everlasting until the day of judgement. The man (Abu Muslim al-Isfahani) who had held this view was endowed with knowledge of rhetoric and Arabic language, but he had no knowledge of jurisprudence and the principles of jurisprudence. Although it could not be doubted that he was perfect in faith, he deviated greatly from the right path by declaring this dogma, since no one had reported this before him. Our predecessors and their successors understood from the religion of God, that numerous rulings were abrogated from it; and they have narrated these reports in a way which could not be questioned. There are general, specific, confirmed and obscure passages in the Qur'an. The one who rejected the occurrence of
naskh, rejected all its general, specific, confirmed and obscure commands because these categories all arrived in the same manner. This man had derived from the abrogated and abrogating verses, judgements which were excluded from the interpretations of our early scholars I (Jassas) could not understand from where he had obtained his information. However, I maintain that he had used his own judgement leaving aside the reports of the
salaf. The Prophet (P.B.H.) had said: 'whoever interpreted the Qur'an by using his personal opinion, certainly committed a sin'."
Jassas' opponents quoted several passages from the Qur’an in order to show that abrogation or withdrawal of the verses was impossible; God said: 'We have without doubt, sent down the Message (Qur’an) and We will surely guard it (from corruption) (al-Qur’an, XV:9). God also said: "It is for us to collect it (the Qur’an) and to promulgate it: But when We have promulgated it, follow then its recital (as promulgated). Nay, more it is for Us to explain it (and make it clear)" (al-Qur'an, LXXV:17-19). The explicit meaning of the verses require that God would guard the Qur’an for ever and its implication is for the whole ummah because He did not specify the time or generation. God said: "...it (the Qur'an), is no less a Message for all creatures". (al-Qur'an, XII:104). God in this verse informed us that the whole Qur'an is a Message (or Reminder) and it confirms that there would be no abrogation of the wording, because what is abrogated or forgotten and did not reach us, would not be considered as a Message for the people.
Jassas explains away these verses by simply saying that they refer to something else. The verses do not prevent the possibility of the ruling being abrogated. In a similar vein, the verses do not prevent the possibility of the wording being abrogated, said Jasas.
The view that these verses do not prevent us from talking about the abrogation of the wording or ruling might mean that Jassas was dealing with the two phenomena of the
naskh:
- Naskh al-tilawah duna al-hukm and
- Naskh al-hukm duna al-tilawah.
The first is adopted by Jassas in order to establish the ruling of
kaffarat al-yamin which is imposed upon a believer who fails to fulfil his deliberate oath. The Hanafis argued that three days should be consecutive, because the wording
mutatabi’at had existed in 'Abd Allah b. Mas’ud's reading.(20) Jassas and Sarakhsi claim that the wording was withdrawn while the ruling remained valid.(21) Tabari was also of the view that the keeper of the fast who has to expiate for the breaking of an oath should fast for three continuous days. There is no disagreement among the scholars that this will suffice; others disagree as to whether fasting on non-consecutive days will suffice as expiation.(22)
Shifi’i’s predecessors, both Hanafis and Malikis, allowed the abrogation of the
Sunnah by the Qur'an and vice verse. For Shafi'i who had interpreted the verse No. 106 of
the Surah al-Baqarah (No. II) in the light of the verse No. 10 of
the Surah Nahl (No. XVI), it was very difficult to adopt the procedure. Shafi'i succeeded in his attempts and secured the place of the
Sunnah as a source of law and the danger which had threatened it was no longer felt. Even the followers of Shafi’i, let alone the Hanafis and Malikis, felt free to, revert to pre-Shafi'i thinking. Jassas, a Hanafi exponent, had no difficulty, therefore, in arguing that the
Sunnah could be abrogated by the Qur’an and the Qur'an could be abrogated by the
Sunnah. However, they could not be abrogated by
khabr al-wahid. Further,
khabr al-wahid as an addition to the Qur'an cannot be accepted.(23)
The
naskh implied that the later command abrogated the earlier. Sarakhsi says: "The contradiction between the sources is impossible, since this would mean Divine fallibility; in actuality the contradiction is created by our human inability to estimate correctly the date of the texts. Once this has been done, however, the later abrogates the earlier."(24)
Among other principles of the
naskh, one ofthem is very important. Once the date has been established, the
nasikh verse or
hadith became easy to be traced. Reports from the
Companions and Successors are also decisive in the process of distinguishing the
nasikh from the
mansukh. This indicates that the
naskh as a principle was alleged to have been accepted during the lifetime of the
Companions. Jassas' final criterion for determining the
nasikh from the
mansukh isthat of
ijma'. However,
ijma' itself cannot abrogate the ruling of the Qur’an and the
Sunnah.
The principles of
naskh were justified by referring to the wording of the Qur'anic verses II:106 and XVI:101. The verses were shown to provide sufficient grounds for the occurrence of the
naskh. The two modes:
naskh al-hukm duna al-tilawah and
naskh al-tilawah duna al-hukm were forwarded by the jurists as they were directly related to the
fiqh. The
naskh was alleged to have worked within and between the sources, as they could not solve the seeming contradiction, though being informed of the dictum:
"al-jama' yamna' al-naskh" (reconciliation rules out
naskh).(25)
~ Notes and References ~
- Encydopaedia of Islam (4 vols.), London, 1924, vol. 4, P. 1655.
- Abu Yusuf, Kitab al-Kharaj, Cairo, 1352/1933. According to Khatib Baghdadi, Abu Yusuf was the first person to compose a book on Usul Talrikh Baghdad (14 vols.), Beirut, n.d., vol. 4, p. 246. According to Schacht, "The statement of Khatib Baghdadi, that Abu Yusuf was the first to compose books on the theory Of law on the basis of the doctrine of Abu Hanifah, is not confirmed by the old sources". "The Origins of Muhammadan Jurisprudence", Oxford, 1929, p. 133.
- Ibn al-Nadim, al-Fihrist (2 vols.), London, 1970, vol. 1, p. 506.
- Shafi’i, al-Risalah, Cairo, 1358/1939.
- Saidullah Qazi, Principles of Muslim Jurisprudence, Lahore, 1981, p.2; al-Karakhi's Usul is published as a supplement to al-Dabusi's Tasts al-Nazar, Cairo, n.d., quoted by Shehaby, N., "'illah and Qiyas in early Islamic legal theory", J.A.O.S./, 1982, p. 27.
- Khudari, Usul al-fiqh, Beirut, 1969, p. 10.
- Sarakhsi, Usul (2 vol.), Haiderabad, 1372/1952, vol. 2, pp. 53-8.
- Zaid, M., al-Naskh fi’l Qur’an al-Karim (2 vols.), Cairo, 1383/1963, vol. 1, p. 82.
- Usul al-Jassas (Manuscript Dar al-Kutub al-Misriyya, Cairo), fol. 139b.
- Abu Yusuf, Kitab al-Athar, Haiderabad, 1355/1936, p. 14; Jassas, Ahkam, vol. 2, p. 425.
- Shaybani, Kitab al-Siyar al-Kabir, ed., M. Khadduri, Maryland, 1966, p. 94.
- A. Rippen, Naskh al-Quran and the problem of early Tafsir Texts, Bulletin, S.O.A.S. Nov. 1984, p. 25; Malik, Muwa'tta’, vol. 1, p. 299, vol. 2, p. 765.
- Hamadhani, Al-I’tibar Matba'al-Andulus, Hims, 1386/1986, p. 50.
- Ibid.
- Usul al-Jassas, fol. 115a..
- Ibid.
- Al-Risalah, p. 106.
- Usu1 al-Jassas, fol. 152a.
- Ghazzali, Mustafa (2 vols.), Bulaq, 1322/1904, vol. 2, p. 125. Also see Tabari's Tafsir on al-Qur'an, II:106.
- Usul al-Jassas, fol. 127b.
- Usul, vol. 2, p. 81.
- Tafsir, vol. 7, p. 30.
- Usul al-Jassas, fol.143a.
- Usul, vol. 2, p. 12.
- I’tibar, p. 6.
