NASKH Al-QUR’AN A Theological And Juridical Reconsideration Of The Theory Of Abrogation And Its Impact On Qur’anic Exegesi s _____________________________________________ A Dissertation Submitted to the Temple University Graduate Board _____________________________________________ in Partial Fulfillment of the Requirements for the Degree DOCTOR OF PHILOSOPHY _____________________________________________ by Roslan Abdul-Rahim January, 2011 Examining Committee Members: Khalid Y. Blankinship, Advisory Chair, Department of Religion Mahmoud M. Ayoub, Department of Religion Robert B. Wright, Department of Religion Zameer U. Hasan, Department of Physics ii by Roslan Abdul-Rahim 2011 All Rights Reserved iii ABSTRACT The Qur’an has always been a medium through and upon which Islam and the Muslim faith are structured and built. It mediates the relationship between Muslims and God. Despite its alleged divine origin, the Qur’an as a scriptural and textual reality remains to be understood by Muslims. Many theories and principles have been developed out of the long Qur’anic interpretive tradition to address the Muslims’ theological and legal needs. One of the most interesting, yet controversial, exegetical legal theories is the theory of naskh , a theory stipulating the abrogation of a verse of the Qur’an by another. The discourse of naskh raises many unsettling theological and legal questions. The present proposed research attempts to reassess the early Muslim understanding of the theory of Qur’anic abrogation. It raises fundamental questions about the accuracy of the assumptions of the early Muslim conception of textual annulment and the ongoing legal discourse of Islamic law in Muslim scholarship. It is the thesis of this proposed study that the theory of abrogation has been historically and traditionally conceived and discussed in a very rigid and dogmatic fashion as a result of the theological misconception of the immutability of both the divine will and revelation, and that the theory of naskh , as such, has failed to appropriate the legal contents of the law within the structures of juridical discourse. In other words, the rigidity and dogmatic nature of the theory of naskh has rendered the theory an inadequate conceptual framework to deal with an ever changing legal need of our time. iv Muslims to this day have struggled to preserve, adapt and redefine their social and legal norms in the face of changing situations. A central issue in this ongoing struggle has been the question of the nature, status, authority, and viability of the Qur’an and the Islamic law. The intellectual tradition of Islam has provided the underpinnings for adaptation, reform, and evolution. It is within this tradition of Islamic intellectualism that this proposed research intends to contribute. The theological component of this research will influence the way revelation is understood in Islam, while the legal component hopes to initiate a new Muslim attitude towards Islamic law. The exegetical consideration will hopefully create a reorientation of hermeneutical principle in Qur’anic exegesis. This study of naskh , for all its intent and purpose as outlined above, is primarily a study of naskh al-Qur ’an as captured by the formative sources of ‘ Sunni ’ Islam. It is therefore the case that this study should be strictly understood as one that does not pretend to include nor represent the views of Shi ‘ism on naskh in the Qur’an or the theory of naskh in itself. v ACKNOWLEDGMENTS Completing my graduate studies in the United States of America had always been my dream. This dream would not have materialized had it not been for my father who had made my trip to and study in America possible. My Mom has constantly been my source of inspiration and strength, against whom I have always fallen back in times of need. To my mother and my late father, I dedicate this dissertation. Getting a Ph.D. in religion in the West had never originally crossed my mind. My late Dosen, Endang Saifuddin Ansari, was first responsible for my intellectual road map. I am grateful to Pak Endang and he shall be in my memory, always. My professor and primary advisor, Dr. Khalid Y. Blankinship has worked so hard and has been instrumental in seeing me through to this level, and without whom I would not have been able to attain my goal. His critical and encyclopedic mind has always been my source of envy and emulation. Dr. Robert B. Wright has always been one of my professors whom I admire and revere. His graciousness and willingness to serve on my Committee speak to his selflessness and kindness. He is responsible for introducing and exposing me to biblical scholarship and for solidly grounding me in my research methodology. I am very thankful to Dr. Blankinship and Dr. Wright, and to both of them, I extend my sincere gratitude. If there is someone beside my family whom I will forever remain indebted to no matter how much I try to reciprocate in kindness, help, and care, he is my professor and advisor, Dr. Mahmoud M. Ayoub. Our friendship has grown into a special bond beyond vi the traditional faculty-student relationship. A fatherly figure to me, I have gained a lot of insight in my scholarship through his untiring, patient and loving guidance. Dr. Ayoub has broadened my perspective and experience in what it means to be a Muslim within the broader world community of believers. Even a special ‘thank you’ will not be enough to describe how grateful I am to him and how much he has meant to my emotional, spiritual and intellectual growth and maturity. But Dr. Ayoub, “thank you” is all I can humanly utter and offer. You will always be my teacher, friend and father. They always say that behind the success of every man is a woman. That woman who fills that spot in my life is, Rokiah Osman, my beloved wife. She is nothing short of being extremely special to me. I would like to thank her from the deepest recess of my being for being very patient with me, for supporting me and the family throughout all these years of my study, and for always being there when I most needed her, especially during times when completing this program seemed so doubtful to me. My apology to her for having taken so much out of our married life for my seemingly unending craze for the kind of knowledge that, even at this point of my scholarship, I am still wondering if I actually possess it. To my beloved wife, thank you very much for your love, sacrifice, support and faith in me. Last but not least, I would like to acknowledge all my family and friends who have been directly and indirectly supportive of me both emotionally and materially. Of special mention is my beloved sister, Rohana Abdul Rahim, whose selflessness knows no boundary. She has always been there for me, no matter what it takes, come what may. To all of them, and especially to Rohana, this is my work, albeit a very small and an insignificant one. I hope I have not disappointed you. vii TABLE OF CONTENTS Page ABSTRACT ……………………………………………………………………… iii ACKNOWLEDGEMENTS ………………………………………………………. v LIST OF TABLES ………………………………………………………………... ix CHAPTER 1. INTRODUCTION ……………………………………………………………. 1 The Background ………………………………………………………….. 1 The Priority and Primacy of Law in Islam ……………………………….. 7 Rethinking Islam: The Qur’an as the Starting Point ……………………… 12 Considering Naskh : Naskh as an “ Ideal-Type ” ............................................ 14 The Problem and Thesis ………………………………………………….. 17 The Scope and Limits …………………………………………………….. 24 Research Technique and Methodology and Source Materials …………… 30 Research Potential and Academic Use …………………………………… 32 Previous Research ………………………………………………… 32 The Chapters ……………………………………………………… 34 2. THE QUR ’AN : A REVELATION AND SCRIPTURE ……………………....... 37 ‘Wahy ’: Revelation in Islam ……………………………………………… 46 Tanzil al-Qur ’an ………………………………………………………….. 52 Units of Revelation and the Structure of the Qur’an ……………... 53 Asbab al-Nuzul : The Occasions of Revelation …………………… 61 ‘Re-Revelation ’ and the Possibility of Suppression of Revelation .. 72 Chronology of Qur’anic Revelation ……………………………… 78 The Qur’anic Mushaf : The Writing Down of Qur’anic Revelation ……… 87 3. THE THEORY OF NASKH AL-QUR ’AN ……………………………………. 96 Selected Early Works on Naskh : A Critical and Historical Survey ……… 97 The Theory of Naskh ………………………………................................... 106 Defining Naskh …………………………………………………… 106 Naskh and Related Usul Categories ………………………………. 126 Textual Basis for Naskh …………………………………………... 131 The Study of Naskh : Importance and Significance ………………………. 156 viii Detracting from Naskh : A Trend in Denial ………………………………. 162 4. THEORETICAL MODES OF NASKH AL-QUR ’AN ………………………... 171 Naskh al-Hukm Duna Tilawatih ………………………………………….. 176 Naskh al-Tilawah Ma ‘a Hukmiha ………………………………………... 188 Naskh al-Tilawah Duna Hukmiha ………………………………………... 194 5. INSTANCES OF NASKH AL-QUR ’AN ……………………………………… 200 Alleged Instances of Naskh ………………………………………………. 206 Instances of Naskh : A Tabulated Summary ……………………… 207 The Change of Qiblah ……………………………………………. 219 ‘Rajm ’ (‘ Stoning ’) ………………………………………………… 229 ‘Rada ‘ah ’ (‘ Suckling ’) ……………………………………………. 245 Killing of Fellow Muslims ……………………………………….. 251 What Should Have Been Cases For Naskh ……………………….. 255 6. SUMMARIZING NASKH : ANALYSIS AND CONCLUSION ……………... 260 The Validity of Naskh …………………………………………………….. 260 Law, Exegesis & Naskh …………………………………………………... 269 Wahy , Qur’an & Naskh …………………………………………………… 272 Me, You & Naskh ………………………………………………………… 274 Naskh : The Conclusion …………………………………………………… 278 REFERENCES CITED