Problem of Al-Amr in Usul Al-Fiqh

Abstract

This thesis deals with command (amr) in Islamic jurisprudence. In the introduction the significance of amr is explained and the background of the science of usül al-fiqh, in which the discussions of amr took place, is described. This includes a survey of the classical writings on usul al-fiqh. Chapter I deals with the definition of amr. The Muslim scholars have divided amr into three main classes - wujüb, mandüb and istihbäb. The amr which is absolutely binding is the command of God while the recommended and the preferred commandments are from the Prophet and Muslim scholars. This includes, also, a definition and discussion of the status of the person issuing the command and whether that status alters the effect of the commandment. The discussion then examines the linguistic interpretations of amr, in particular whether amr originally meant command or not. This has great importance for the nature of commandment in Islamic law. The form of amr, i.e. whether the imperative is a real commandment, is next discussed. This involves a discussion of the nature and intention of the person issuing the command. The second chapter deals with the importance of amr in Islamic law and the different levels of amr according to whether the amr is from God, the Prophet or those with authority. In chapter III the main concern is the nature of restricted and unrestricted amr and whether they require repetition of the action without repetition of the amr. This also involves the amount of time allowed in carrying out the amr. Chapter IV examines the conditions of what is ordered and shows how different theological and theoretical considerations effect the carrying out of an amr in the branches (furU6) of Islamic law. The conclusion summarises the various discussions.