Nasakh - Sharia - Fiqh

Dear Lamplighter,

From you: " My conclusion for the questions that I ask is:
1) Sharia Legal System is based on Quran as the first source.
2) All moslem believe in the conception of Nasakh.

I need to confirm this because my friend said that the conception of Nasakh is only for Shiah's follower.

LL"

Item 1 from you is correct. Qur'aan is the first source.

Item 2: Not all Muslims believe in the conception of Nasakh. Qur'ann's topic of Naskh is clearly the abrogation of all past Scriptures.

Both the Shias and Sunnis have this separate topic of Nasikh wa Mansookh, which has nothing to do with the Nasakh of past Scriptures by Qur'aan.

In order to justify their own interpretations, the Shias claim that a certain verse has not been abrogated, while some Sunnis claim that the verse had been abrogated and was replaced by verse so and so and vice versa. This kind of Nasakh is purely based on the opinions of scholars from both sides. It has become a habit for both of them to make arguments and counter-arguments.

I would not like to go into this huge topic as the exchanges would be fruitless. The most important point is that if any verse in Qur'aan was really Nasakh, it would not have been there! People are debating on and discussing  verses which ARE still there in Qur'aan for more than 1400 plus years.

Hope this helped.

BMZ

Dear Lamplighter,

As I said earlier, it is a huge topic and the discussion can continue till the cows comeback home for days.

Let me give you an example by quoting the following verses. I am quoting from memory, hence no number of verse and chapter:

"Don't go near prayers, if you are drunk/intoxicated.", which simply means,"Do not pray, if you are drunk/intoxicated". However, no one can take this as an excuse not to pray and remain drunk.

Later comes the verse (I am interpreting here) telling that men think there is good in alcohols and gambling but they don't realise that there is more evil in them. Then the verse says,"Would you not then forbid?" Some translators write,"Would you not then desist?" or "Would not refrain from these?"

Now comes the Nasikh and the Mansukh:

Does it mean that I can drink and get intoxicated but I can pray later when I am back in my senses? Of course not. But it did last for sometime and stopped when the next verse was given.

The second verse that I quoted is clearly telling us to say,"Yes, Lord, I will not touch it and forbid it."

Here the scholars will say that the 1st, that I quoted above, became Mansookh and the 2nd, that I quoted,  is the Nasikh.

In English, I would simply say that the first was superceded by the second. There is really no abrogation of any verses. Commandments came gradually and Lord Almighty fine-tuned.

Hope this helped. Good questions & Thanks

BMZ