Theory of Abrogation (Naskh) in Islam, abrogation in Islamic Jurisprudence

Introduction

Man continues to grow intellectually and culturally. Hence, his surroundings and environment also change continuously and if rules remain static, they can never come for solutions of newly emerged problems. So many reform that were brought about in the society were gradual; to facilitate the adoption of new norms by the subjects, as an abrupt change in society always leads to disorder, rebellion and anarchy.Therefore, prohibition of intoxicants was revealed in stages. The theory of abrogation does not imply that there is a contradiction in the Quran, since it is possible to follow all the verses at the same time. Those who quote the wine example to show contradiction must consider this example. In the below, we will discuss the meaning and definition of Abrogation, classification of abrogation (Naskh) and different example of abrogation.

Meaning and Concept of Abrogation

In Arabic, equivalent of abrogation is , 'Naskh', which means obliteration or transfer of something from one state to another, while its essence remains unchanged. According to majority view, however, obliteration is the primary and transcription is the secondary meaning of Naskh. It may be defined as the suspension or replacement of one Shar'i ruling by another. provided that the later is of subsequent origin and the two rulings are enacted separately from one another (As per Imam Shafai). As if they occur in one and the same passage, it is likely that one complements or is an exception to the other.

On the other hand, it also implies setting aside. By Naskh is meant the transcribing of a book and the moving aside to sunlight by the shade. Technically, it implies the abrogation of one religious law by another. The abrogated law is called, 'Mansookh' and the that is replaces, it is known as 'Nasikh'.

Rule Regarding Abrogation:

The Ulema are unanimous over the occurrence of abrogation in Sunnah, but there is some disagreement regarding Naskh in Quran. There may be instances of conflict between two texts, which may be apparent, rather than real and can be reconciled as, one text may be general and other specific. If two cannot to reconciled, then stronger would be preferred over weaker. In this respect, following points must be borne in mind:-

• If the two texts are equal in all respects, then the prohibitory one would be given priority over the permissive one. 
• The later in time abrogates the earlier.
• Abrogation does not apply to Faith, Towheed, and Islamic Shari'a.
• General rule cannot be abrogated by weaker rule.
• Qiyas has no place in theory of Naskh.
• A subsequent Ijma can abrogate a former Ijma with some exceptions (The preferable view is that Ijma cannot abrogate the rulings of Quran and Sunnah, another Ijma which is founded in the Quran and Sunnah or Qiyas. However, a subsequent Ijma may abrogate an existing Ijma which might be founded in considerations of public interest, or Maslaha, Mursala. This would in theory appear to be the only situation in which Ijma could operate as an abrogator).
• Naskh is not applicable to the texts of Quran and Hadith, known as Mukhamat, which preclude the possibility of repeal.
• No abrogation take place unless following conditions are satisfied.
• The text itself has not precluded the possibility of abrogated.
• Abrogating text is of later origin than the abrogated.
• The subject is open to possibility of repeal.
• There must be conflict between the two texts.
• Two texts are separate and are not qualification or exception of one another.
• The two texts are of equal strength in regard to authenticity (subut) and meaning (dalalah).

Classification of Abrogations:

Naskh can be broadly classified into two types

• Explicit: Here abrogating text clearly repeals e.g. change in direction of Qibla from Majid Aqsa to Masjid Haram.
• Implicit: Here no clarity is present e.g. firstly verse cane about bequest to parents and relatives then specific shares in inheritance. This sort of abrogation can also be divided into further two types:- 

Totel Abrogation: (Naskh e Kulli)

We can quote example of iddat period for widows initially one year then four month and ten days.

Partial Abrogation: (Naskh e Juzzi)

Here example of Qazf and Li'an can be quoted. In these aayat the rulings of first text about Qazf is repealed by the second text in so far as it concerns a married couple.

Quran has two distinctive features i.e.

• Words of the text 
• Orders of the text

In such cases Naskh can be classified into further three types

• Naskh e Hukm (Order is abrogated)
• Naskh e Tilawah  (Only words are abrogated)
• Naskh al Hukm wal Til'wah (Both are abrogated)

Quran and Sunnah:

Another view is that only Quran and Sunnah may abrogate each  other, so following classification can be kept in mind:-

• Quran abrogating Quranic Text
• Sunnah abrogating Sunnah 
• Sunnah abrogating Quranic text 
• Quran abrogating Sunnah

Al-Shafi school of thought says Quran can only be abrogated by another verse. Shafai jurists quote

"And when We substitute one aayat in place of another aayat and Allah knows best what He reveals" 

(Al-Nahl : 101)

And also 

"None of Our reelations do We abrogate or cause to be forgotten, unless We substitute for them something better or similar"    (Al Baqara : 106)

According to them, there is no aayat in Quran which tells us about abrogation of Quranic text through Sunnah.

Some commentators interpret the meaning of "Aayah" as of miracle and not Quranic text, some treat it as the old texts of Bible and other Divine Books and some say there is no abrogation, as they are only qualifications and exceptions of one text to another.

Example of Abrogation:

So it can be said that when we see the revelation of Quran, it is clear that for some matters more than one verse came. This means the later abrogated the former. Most famous example of abrogation is verses about Wine/Intoxicants, as firstly disadvantages were mentioned, then banned during prayers and in the end totally banned. Nevertheless, abrogation means either permanent or temporary cancellation of an order or amendment in it Hence,in Islamic Shari'a abrogation occurred in three ways.

Permanent Abrogation: This is the case in which the previous Shari'as are permanently abrogated.

Temporary Abrogation: Here is some particular situations, an order is temporarily abrogated or held in abeyance and after that specific conditions, it revives. (Order about Tayyammum; Its allowed where water is not available for Wazoo).

Amendment: In this case Quran makes general order specific through later verses. We can see Al Maida : 5 where Allah say about permissibility  of food from Kitabias (Those people upon whom Divine Books revealed). The general order is made specific by limiting only that food upon which Allah's name is recited.

Naskh, Takhsis (Specification) and Ta'zid (Addition):

Naskh and takhsis resemble one another in that both tend to qualify or specify an original ruling in some way. They differ from one another in that there is no real conflict in takhsis; also naskh may occur in respect of both general or specific rulings, whereas takhsis occurs in respect of a general ruling only However, when new material is added to an existing law, the added material subsequent in time may be called Ta'zid. The majority view does not regard it as a case of abrogation.

Conclusion:

Quran, revealed by Allah for guidance, puts forward practicable methods in establishing an ideal society and the fact that some of its rulings have been abrogated, actually represents one of the evidences in favor of its divinity. As we all know many of the rulings of the ancient religious scriptures have been abrogated by the Quran.