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 Someone who is ignorant of repealed laws may try to apply them and end up doing haraam acts and calling others to haraam.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 (ﷺ) or one of his companions (sahaabee). For example, the Prophet (ﷺ) was reported to have said,

One of the sahaabah by the name of Salamah ibn al-Akwa‘ reported that when the verse,

was revealed, whoever wanted to stop fasting would redeem himself, until the verse after it26

was revealed and replaced it:

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 (ﷺ) said

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by unanimous agreement (ijmaa‘), but the law was not applied because it was known to all of them that the Prophet (ﷺ) repealed it.29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 (ﷺ) said

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.

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.