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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 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 The promise of gardens has not been replaced by the promise of seeing Allaah; rather, both will happen. 22 It should also be noted that the underlying principles of worship and moral behavior have not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.
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.
22 See Sharh al-Kawkab al-Muneer, vol. 3, pp. 543.
Reference: Usool At-tafseer - Shu‘bah ibn al-Hajjaaj, Sufyaan ibn ‘Uyaynah and it was translated by Dr. M. Abdul Haq Ansari
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