Usool at-Tafseer (The Fundamental Principles of Qur'aanic Interpretation)

Usool at-Tafseer (The Fundamental Principles of Qur'aanic Interpretation)

Dr. Abu Ameenah Bilal Philips.

NASKH: REPEAL AND REPLACEMENT OF DIVINE LAWS.

Divine laws were revealed by Allaah to His messengers for the purpose of
correcting man’s beliefs about God (‘aqeedah), his methods of worshipping
God (‘ibaadah), and his social life or social conduct (mu‘aamalah). Since
there is only one correct belief about God, tawheed, whereby Allaah is considered
as One, without partner in His essence, His attributes, His actions, and right of
worship, all of the prophets invited mankind to that belief in exactly the same
way. Allaah confirmed this fact to Prophet Muhammad (r) in the Qur’aan,
stating,

“And, verily, I have not sent any prophet before you without revealing
to him that there is no God besides Me, so worship Me.”16
However, in the case of methods of worship and social conduct, the same format
was not used in all cases. It is true that principles of worship and social conduct
were all aimed at purification of the soul, protection of society, and tying
communities together with bonds of cooperation and brotherhood, but the needs
of each nation or people were different. The needs may even vary from time to
16 Soorah al-Ambiyaa’ (21):25.

time within the same nation. Thus, what may suit a people in one age may not
suit them in another. Also, what can be suitably used by a prophet to call the
people at the beginning of his prophethood may be inappropriate in the later
stages, when Allaah’s message has been established in the land and a state based
on divine law has come into being. Thus, the wisdom behind the various laws
takes all of these factors into account, for there is no doubt about Allaah’s allencompassing
mercy and knowledge. It is His right to command and forbid us, as
He has informed us:

“He (Allaah) cannot be questioned about what He does, but they
(mankind) will be questioned.”17
Therefore, it should not in any way seem strange that Allaah may replace a divine
law with another based on His knowledge of all things, past, present and future.
This replacement of a divine law by another divine law is referred to in Arabic-
Islaamic terminology as “naskh.” Allaah referred to the existence of this process
as follows:

“And if I place a verse in place of another verse— and Allaah knows
best what He bestows from on high, step by step—they say, ‘You are
just inventing it!’ ”18

17 Soorah al-Ambiyaa’ (21):23.
18 Soorah an-Nahl (16):101.

“Whatever verse I have abrogated or caused to be forgotten, I will
bring another better than it or equal to it.”19
CONDITIONS FOR NASKH
For naskh to have taken place, the following three conditions must have been
fulfilled:
1. The law which has been replaced has to have been a divine law. This means
that the gradual prohibition of alcohol would not be classified as naskh,
because each successive verse only expanded the prohibitive scope of the
previous verse. The original behavior of the people was to act as if alcohol was
lawful. It was their assumption that alcohol was permissible that was gradually
abolished by the three verses on this subject, not any previous statement by
Allaah that liquor was permissible.
2. The proof used to replace the old law has to be a divine command which was
revealed after the revelation of the old law.
3. The law which is to be replaced cannot have a specific time limit attached to it
from the time of its revelation. If it has a limited time period, it simply
becomes void when the time period ends, and such a process is not considered
as naskh. For instance, fasting is required daily until sunset during Ramadaan.
The permission to eat at night during Ramadaan or, after it is over, by day or
night, doesn’t involve naskh. 20
It should be noted that naskh only occurs to divine commands and
prohibitions. Naskh cannot occur to statements of fact, because such statements
are either true or false, so to say that a previous report has been abrogated really
means it was either a deliberate lie or an error, both of which may not be
attributed to Allaah.21 Therefore, descriptions of Allaah’s attributes, the stories of
the previous prophets and their peoples, parables and descriptions of the hereafter
19 Soorah al-Baqarah (2):106.
20 These conditions can be found in virtually any book of usool al-fiqh. See, for example, Sharh
al-Kawkab al-Muneer, vol. 3, pp. 526-7.
21 One should note, however, that sometimes orders occur in the Qur’aan in the format of a
statement. Cf. 2:125, 2:228, 2:233, 3:97.

are all excluded from the category of naskh. Likewise, the divine promises and
warnings are excluded, because Allaah doesn’t break His promises. Nor could one
call it naskh if Allaah promises the believers gardens in paradise in an early verse
and in a later verse promises them the pleasure of seeing Him. The promise of
gardens has not been replaced by the promise of seeing Allaah; rather, both will
happen.22 It should also be noted that the underlying principles of worship and
moral behavior have not changed through the ages. Salaah, fasting, charity and
pilgrim-age have been constant practices of Allaah’s religion—no matter which
prophet was delivering the message—and lying, murder, adultery, cheating, etc.
have been condemned by all the prophets. Therefore, the area in which naskh
operates is in details of the format of a religious practice or a social law, not in the
core principles.
KNOWLEDGE OF NASKH
Knowledge of naskh is of great importance to the scholars of fiqh (Islaamic
law) and tafseer (explanation of the Qur’aan), in order that application of Islaamic
laws does not become confused. Someone who is ignorant of repealed laws may
try to apply them and end up doing haraam acts and calling others to haraam.
Thus, it was reported that once ‘Alee ibn Abee Taalib, the fourth Caliph, passed
by a judge and asked him if he knew in which laws naskh had occurred. The man
replied, “No.” ‘Alee said to him, “You have perished and caused others to
perish!”23 However, it should be noted that the number of authentic cases of naskh
are few and far between. There are only three reliable ways to identify these
cases:
1. A clearly worded narration from the Prophet (r) or one of his companions
(sahaabee). For example, the Prophet (r) was reported to have said,
22 See Sharh al-Kawkab al-Muneer, vol. 3, pp. 543.
23 Quoted by as-Suyootee in al-Itqaan, vol. 3, p. 59.

“ I used to forbid you from visiting graves, but (now) you should visit them, as
surely they are reminders (of the next life).” 24
One of the sahaabah by the name of Salamah ibn al-Akwa‘ reported that when
the verse,

“And the redemption for those who have difficulty with (fasting) is the
feeding of a poor person,”25
was revealed, whoever wanted to stop fasting would redeem himself, until the
verse after it26 was revealed and replaced it:

“Whoever among you who witnesses the (beginning of) the month
should fast (the month).”27
2. The unanimous agreement of early Muslim scholars on both the law which was
replaced and the one which replaced it. That is, their recognition of the fact that
an abrogation took place and not their agreement to abrogate a divine law. An
example of this can be found in a hadeeth wherein the Prophet (r) said,
24 Reported by Buraydah and collected by Muslim (Sahih Muslim, vol. 2, pp. 463-4, no. 2131),
Aboo Daawood (Sunan Abu Dawud, vol. 2, p. 919, no. 3229), an-Nasaa’ee and Ahmad.
25 Soorah al-Baqarah (2):184.
26 Soorah al-Baqarah (2):185.
27 Collected by al-Bukhaaree (Sahih Al-Bukhari, vol. 6, p. 27, no. 34) and Muslim (Sahih Muslim,
vol. 2, p. 555, nos. 2547-8). It should be borne in mind that the sahaabah used the word naskh for
a broader category of changes to an existing law than the word came to mean among scholars of
later generations. For the sahaabah, naskh included takhsees (specification) as well as complete
abrogation. Therefore, the general permission for anyone who cared to feed a poor person instead
of fasting was cancelled. However, the permission still stands for the aged and the chronically ill,
as Ibn ‘Abbaas noted in Sahih Al-Bukhari, vol. 6, pp. 26-7, no. 32.

“Whip whoever takes intoxicants (each time he is caught) and on the fourth time
kill him.” 28
The sahaabah were unanimous on the fact that the one who took intoxicants was
no longer to be executed. They did not repeal the law by unanimous agreement
(ijmaa‘), but the law was not applied because it was known to all of them that the
Prophet (r) repealed it.29
3. Reliable historical knowledge of a law being put into practice during an earlier
historical period, then a later law appears to clearly contradict it. For example,
Shaddaad ibn Aws reported that at the time of the conquest of Makkah (8AH/630
CE), the Prophet (r) said,

“The cupper and the cupped30 have both broken the fast.” 31
On the other hand, Ibn ‘Abbaas reported that the Prophet (r) was cupped while
fasting and while he was in ihraam.32 Some versions of this report also
mentioned that it took place during the Farewell Pilgrimage (10 AH/632 CE).33
Naskh cannot be determined by ijtihaad (reasoning in the absence of clear
evidence), nor by the opinion of a Qur’aanic commentator, nor solely by the
apparent contradiction of texts.
28 Collected by Ahmad and by Aboo Daawood (Sunan Abu Dawud, vol. 3, pp. 1252-3, nos. 4467-
70) and authenticated by al-Albaanee in Saheeh Sunan Abee Daawood, vol. 3, p. 848, nos. 3763-4.
29 The consensus on this issue was reported by at-Tirmithee in his book al-‘Ilal. See Sunan Abu
Dawud, vol. 3, p. 1252, footnote no. 3903.
30 Cupping is a practice of drawing blood to the surface of the skin by making an incision and
creating a vacuum at the point. It is done for medicinal purposes.
31 Collected by Aboo Daawood (Sunan Abu Dawud, vol. 2, p. 650, no. 2363), at-Tirmithee, Ibn
Maajah and Ahmad, and authenticated by al-Albaanee in Saheeh Sunan Abee Daawood, vol. 2, p.
451, no. 2075.
32 Sahih Al-Bukhari, vol. 3, p. 91, no. 159.
33 See Fat-h al-Baaree, vol. 4, p. 210.

TYPES OF NASKH
There are basically four different types of naskh which can take place
between the two sources of divine law, the Qur’aan and the Sunnah.
The first is the naskh of the Qur’aan by the Qur’aan. In this type of naskh, a
Qur’aanic verse containing a law is superseded by another Qur’aanic verse
containing a new law. An example can be found in the verses on immoral
women. The early law was stated in the Qur’aan as follows:

“And for those of your women who have illicit relations, seek four
witnesses among you. If they bear witness, confine the women in
houses until they die or until Allaah makes another way for them.”34
This law was abolished and replaced by the following law of lashing:

“Lash both the fornicator and the fornicatress one hundred times
each.”35
The second type is naskh of the Qur’aan by the Sunnah. There is controversy
as to whether this category exists. Those who affirm it give as an example of it the
verse on wills, wherein Allaah instructs the believers as follows:
34 Soorah an-Nisaa’ (4):15.
35 Soorah an-Noor (24):2.

“It is prescribed for each of you to have a bequest for your parents
and relatives if any of you nears death and leaves wealth.”36
This early law was replaced by the inheritance laws and repealed by the hadeeth
in which the Prophet (r) said,
“Verily Allaah has given every one with a right his rightful (share in the
inheritance) so there is no bequest for one who inherits.” 37
The third is the naskh of the Sunnah by the Qur’aan; that is, the abolition and
replacement of an Islaamic law which the Prophet (r) taught by the law in a verse
revealed in the Qur’aan. An example of this type of naskh is when prayer in the
direction of Jerusalem was abolished. Muslims prayed towards Jerusalem,
following the example of the Prophet (r) until they emigrated to Madeenah. After
their settling in Madeenah, Allaah revealed the verse,

36 Soorah al-Baqarah (2):180.
37 Collected by Aboo Daawood (Sunan Abu Dawud, vol. 2, p. 808, no. 2864) an-Nasaa’ee, at-
Tirmithee, Ibn Maajah and Ahmad, and authenticated by al-Albaanee in Saheeh Sunan Abee
Daawood , vol. 2, p. 554, no. 2493. It should be noted that the majority of scholars consider this
hadeeth to clarify the verses about inheritance in Soorah an-Nisaa’. Therefore, in their view, the
naskh was accomplished by the Qur’aanic verses, not the hadeeth. Their reasoning is that the
Qur’aan’s authenticity is established by mutawaatir transmission, whereas the hadeeth’s
authenticity was established by a few chains of transmission, which makes it strong enough to
explain the verses of Soorah an-Nisaa’, but not strong enough to abrogate a Qur’aanic verse by
itself. See Sharh al-Kawkab al-Muneer, vol. 3, p. 529.

“So turn your face toward al-Masjid al-Haraam (Makkah) and
wherever you all may be, turn your faces toward it.”38
The Prophet’s wife ‘Aa’ishah also reported that the fasting of ‘Aashooraa’ (the
10th of the month of Muharram) used to be compulsory until the verses of
Ramadaan were revealed. After that, whoever wished to fast ‘Aashooraa’ did
so.39 When the Prophet (r) migrated to Madeenah, he found the Jews fasting on
that day in commemoration of Prophet Moosaa’s deliverance from Pharaoh in
Egypt. The Prophet (r), under divine guidance, ordered the Muslims to do so
also, but no Qur’aanic revelation was revealed concerning it. However, during the
second year after the Hijrah, Allaah revealed the following verse,

“Ramadaan is the month in which the Qur’aan was sent down...so
whoever among you witnesses the (beginning of) the month should fast
it.”40
The fourth type of naskh is that of the Sunnah by the Sunnah. This type of naskh
involves the annulment of a law found only in the Sunnah of the Prophet (r) by a
later law expressed in the Sunnah. An example of this type of naskh can be found
in the following statement of the sahaabee Jaabir ibn ‘Abdullaah: “The latter of
the Messenger of Allaah’s (r) two commands was to not make wudoo’ after
(eating) things touched by fire.” 41 In the early period of Islaam, the Prophet (r)
had commanded his followers to make wudoo’ before praying if they had eaten
38 Soorah al-Baqarah (2):144. See Sahih Al-Bukhari, vol. 6, p. 14, no. 13, for the circumstances of
the revelation.
39 Collected by al-Bukhaaree (Sahih Al-Bukhari, vol. 6, p. 24, no. 29) and Muslim (Sahih Muslim,
vol. 2, pp. 548-9, nos. 2499-503).
40 Soorah al-Baqarah (2):185.
41 Collected by Aboo Daawood (Sunan Abu Dawud, vol. 1, pp. 46-7, no. 192), at-Tirmithee, an-
Nasaa’ee and Ibn Maajah and authenticated by al-Albaanee in Saheeh Sunan Abee Daawood, vol.
1, p. 39, no. 177.

cooked food, but in the later period he told them that it was no longer necessary to
do so.
The naskh of either the Qur’aan or the Sunnah by ijmaa‘ (unanimous
agreement of the scholars) or qiyaas (analogous deduction) cannot occur, as
neither ijmaa‘ or qiyaas are of divine origin. Both ijmaa‘ and qiyaas are the result
of human intellectual effort, therefore, their conclusions are subject to error. So
even though ijmaa‘ and qiyaas are considered to be two of the sources of Islaamic
law (fiqh), they are not considered to be a part of Sharee‘ah (divine law).
However, they may be used when applying the Sharee‘ah to circumstances not
specified in the Qur’aan or Sunnah.42
Within the Qur’aan itself, naskh may occur in three different forms in relation
to the recitation of the abrogated verse and validity of the abrogated law contained
in the verse.
1. Naskh of the Verse and the Law
In the first form, not only is the law abolished and a new law put in its place,
but also the verse which contained the old law is removed by divine decree from
the Qur’aan itself. An example of this form can be found in the following
statement of ‘Aa’ishah: “Among the revelations was the law that suckling ten
distinct times by a wet nurse made marriage to her and her relatives prohibited,
as in the case of the real mother’s relatives. It was then replaced by the law of
five distinct sucklings which was recited among the verses of the Qur’aan until
shortly before the death of Allaah’s Messenger (r).” 43 This type of naskh is
extremely rare.
2. Naskh of the Verse Alone, Not the Law
In this case, Allaah had the verse removed from the Qur’aan and its recitation
stopped without replacing the law. This type of naskh is also uncommon, though
not as uncommon as the first form.
Among the few examples of this type is the verse on stoning the adulterers,
which was reported by ‘Umar ibn al-Khattaab, the second Caliph.
42 See Principles of Islamic Jurisprudence, pp. 150-1.
43 Sahih Muslim, vol. 2, p. 740, no. 3421.

“If the elder man and woman commit adultery, stone them absolutely.”44
This verse is not in the final form of the Qur’aan which the Prophet (r) left,
but the law of stoning the adulterer to death was applied by the Prophet (r)
himself on a number of occasions and is well recorded in hadeeth. It was also the
practice of all the Rightly-Guided Caliphs after him.45
3. Naskh of the Law Alone, Not the Verse
This is the most common form of naskh, whereby a law contained in a verse
is annulled by a new law in a new verse, but the old verse is left in the Qur’aan.
A clear example of this form of the abrogation of the law in the following verse:

“For those among you who die and leave behind wives, the bequest
instruction for your wives is that they be looked after (from your
wealth) for a year without being expelled (from their dwellings).”46
This verse was superseded by a later verse which stated,

44 See Sahih Muslim, vol. 3, p. 912, no. 4194, and Ibn Maajah. The wording of the verse is
reported by Ibn Maajah, however this hadeeth has not yet been translated. (See Mawsoo‘ah al-
Hadeeth ash-Shareef, Ibn Maajah, The Book of Hudood, no. 2543.)
45 See Sahih Muslim, vol. 3, pp. 911-922, nos. 4191-4225.
46 Soorah al-Baqarah (2):240.

“For those among you who die and leave behind wives, let them (the
wives) stay by themselves for four months and ten days (i.e., without
remarrying).”47
THE TYPES OF REPLACEMENT
When a law was repealed, it was replaced by another law or not replaced at
all. In the cases when it was replaced, the new law may either be less difficult, of
similar difficulty, or more difficult. Thus, there are exactly four ways in which a
law may be annulled with respect to its replacement.
1. Naskh Without Replacement
An example of this type was the repeal of sadaqah (a charitable gift for the
poor) before private consultations with the Prophet (r). Allaah commanded the
believers as follows:

“O you who believe! If you wish to consult the Messenger in private,
you should give some charity before your private consultation.”48
Later, He released them from the obligation, saying,
47 Soorah al-Baqarah (2):234. It should be noted that although verse 240 follows verse 234
numerically, verse 234 was revealed after verse 240. However, the Prophet (r), under divine
guidance, had the order changed when it was recorded and recited. See Sahih Al-Bukhari, vol. 6, p.
40, no. 53.
48 Soorah al-Mujaadilah (58):12.

“Are you afraid to give sums of charity before your private
consultations? If then you do not do so and Allaah forgives you, you
should establish regular prayer, pay zakaah and obey Allaah and His
Messenger.”49
2. Naskh by an Easier Law
This type of naskh occurred in relation to the laws of fasting. Ibn ‘Umar

“O you who believe: Fasting has been made com-pulsory for you in
the same way that it was made for those before you,”50
food, drink, and intercourse were forbidden to them once they prayed the night
prayer or went to sleep until the next sunset. Then Allaah revealed the verse,
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49 Soorah al-Mujaadilah (58):13
50 Soorah al-Baqarah (2):183.

“Going to your women at night has been made lawful for you during
the period of fasting.”51
3. Naskh by a Similar Law
An example of this kind of naskh is the change of the direction of prayer
from Jerusalem to Makkah by the verse,

“So turn your face toward al-Masjid al-Haraam, and wherever you all
may be, turn your faces toward it.”52
4. Naskh by a More Difficult Law
A good example of this kind of naskh is the repeal of the law allowing those
who did not want to fast to feed a poor person instead. The law which replaced it
made fasting compulsory for all who were physically able.53
THE WISDOM OF NASKH
There is no doubt that the replacement of some laws with others was done for
good and important reasons, as none of Allaah’s action are in jest or without a
purpose. Some of these reasons He has described, and others are obvious and
deducible from His actions; however, there are others unknown to us and beyond
our comprehension. Allaah’s being is unknown to us and beyond our
comprehension. Allaah’s knowledge has no limits and includes all, so man cannot
reasonably hope to grasp in totality the supreme wisdom behind Allaah’s actions.
51 Soorah al-Baqarah (2):187. This report was collected by Ibn Abee Haatim. See also Sahih Al-
Bukhari, vol. 6, p. 28, no. 35.
52 Soorah al-Baqarah (2):144. See “Naskh of the Sunnah by the Qur’aan” on p. 226.
53 See number 1 under “Knowledge of Naskh” on p. 221.

In the case of naskh, it is possible to deduce the following principle reasons for it
occurrence:
1. It is means of looking after the welfare of mankind by the evolution of
divine laws to a stage of completion consistent with the development of
human society.
2. It is used to test the believers with a variety of situations in which they are
required to closely follow certain specific laws, while in others they are
required not to follow them. This type of variation tests the willingness of
the believers to submit to Allaah’s commands as well as their faith in
Allaah’s wisdom.
3. It also shows that Allaah desires good and ease for the Islaamic nation.
Naskh which repeals a law with one more difficult gives the believers an
opportunity to earn a greater reward; the divine principle being that the
greater the difficulty the greater the reward. On the other hand, naskh which
replaces a law with an easier one gives the believers a break and reminds
them of Allaah’s wish of good for them.
Books Devoted to Abrogated Verses
Many scholars compiled books specifically on this topic. Perhaps the earliest
of these was an-Naasikh wa al-Mansookh fee Kitaab Allaah, by Qataadah ibn
Di‘aamah (d. 737 CE/118 AH), a prominent hadeeth scholar from among the
taabi‘een. Other famous scholars who compiled works on the subject were Ibn
Hazm ath-Thaahiree (d. 932 CE/320 AH), Ahmad ibn Muhammad an-Nahhaas (d.
950 CE/338 AH), Makee ibn Abee Taalib (d. 1046 CE/ 437AH) and Ibn al-
Jawzee (d. 1201 CE/597 AH).54
54 Al-Qur’aan al-Kareem (Arabic CD) under ma‘loomaat—maktabah al-Qur’aan.