12.4 The Types Of Replacement
When a law is repealed in Islamic jurisprudence, it can be replaced by another law or not replaced at all. If replaced, the new law can be less difficult, of similar difficulty, or more difficult than the previous one. This results in four possible ways in which a law may be annulled and replaced. Understanding these principles of replacement is important for scholars of Islamic law to ensure the proper application of legal rulings
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 (ﷺ). 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,
“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 reported that when the following verse was revealed:
“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,
“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
48 Soorah al-Mujaadilah (58):12.
49 Soorah al-Mujaadilah (58):13
50 Soorah al-Baqarah (2):183.
51 Soorah al-Baqarah (2):187. This report was collected by Ibn Abee Haatim. See also Sahih AlBukhari, 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.