The Concept of Abrogation

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Abrogation literal meaning is removing or transferring of something, but its technical meaning is an abrogation or lifting (raf’) of religious regulation by another religious regulation of a later time, this involving direct commands and preventions or prohibitions. Abrogation can be come through following Islamic sources; it can be come by a Qur’anic statement, Hadith statement and through the Ijma statement, but Ijma cannot abrogate the text and abrogation is not permitted by analogy in addition to that analogy cannot also abrogate by another analogy. The legitimacy of abrogation has been confirmed by the holly Qur’an, Allah (S.W.T) said in Surah Al-Baqarah 106, “We do not abrogate any ayah or verse except that we bring or replace for one better than it or parallel to it”. The abrogating text Qur’an or Hadith, is called Naasikh, whereas the revoked rule called Mansuukh.

Despite there is some disagrees among the Islamic jurists, regarding the concept of abrogation in term of the details, but all four Sunni Mad’habs unanimously agree and accept the principle of abrogation. To discuss more to the views of scholars regarding this concept, we are able to distinguish it in to two. First is non Muslim scholars views and the second one is Muslim scholars views. By looking non Muslim scholars views at beginning the Christian and Jews have denied to accept the concept of abrogation according to the Al-Sarakhsi and Dr. Sheikh Wahbah Al-Zuhaili. The second views is a Muslim scholars views regarding this doctrine, as I previously mentioned most of Islamic jurists including the Imams of four Sunni schools have no doubt the existence of abrogation in the Shari’ah, nevertheless some early and modern Muslim scholars specially scholars who are experts to the interpretation of the Qur’an have tried to make some exceptions or deny this concept. One of those scholars is Abu Muslim Al-Asfahaani who lived during 4th century, he has permitted the abrogation, but he prohibited to make it as evidence role, some Muslim scholars believe that he was one of Muctasila scholars and what he disagrees was pronunciation and how to name this doctrine, he named the abrogation Takhsiis.

There are four types of abrogation in term of legal ruling. Qur’an abrogates by Qur’an, Sunnah abrogates by Sunnah. Qur’an abrogates by Sunnah, and Sunnah abrogates by Qur’an. For example Qur’an abrogating by Qur’an Allah said in Surah Al-Baqarah 234 . Most of

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