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The Qur'an has always been a medium through and upon which Islam and the Muslim faith are structured and built. It mediates the relationship between Muslims and God. Despite its alleged divine origin, the Qur'an as a scriptural and textual reality remains to be understood by Muslims. Many theories and principles have been developed out of the long Qur'anic interpretive tradition to address the Muslims' theological and legal needs. One of the most interesting, yet controversial, exegetical legal theories is the theory of naskh, a theory stipulating the abrogation of a verse of the Qur'an by another. The discourse of naskh raises many unsettling theological and legal questions. The present proposed research attempts to reassess the early Muslim understanding of the theory of Qur'anic abrogation. It raises fundamental questions about the accuracy of the assumptions of the early Muslim conception of textual annulment and the ongoing legal discourse of Islamic law in Muslim scholarship. It is the thesis of this proposed study that the theory of abrogation has been historically and traditionally conceived and discussed in a very rigid and dogmatic fashion as a result of the theological misconception of the immutability of both the divine will and revelation, and that the theory of naskh, as such, has failed to appropriate the legal contents of the law within the structures of juridical discourse. In other words, the rigidity and dogmatic nature of the theory of naskh has rendered the theory an inadequate conceptual framework to deal with an ever changing legal need of our time. Muslims to this day have struggled to preserve, adapt and redefine their social and legal norms in the face of changing situations. A central issue in this ongoing struggle has been the question of the nature, status, authority, and viability of the Qur'an and the Islamic law. The intellectual tradition of Islam has provided the underpinnings for adaptation, reform, and evolution. It is within this tradition of Islamic intellectualism that this proposed research intends to contribute. The theological component of this research will influence the way revelation is understood in Islam, while the legal component hopes to initiate a new Muslim attitude towards Islamic law. The exegetical consideration will hopefully create a reorientation of hermeneutical principle in Qur'anic exegesis. This study of naskh, for all its intent and purpose as outlined above, is primarily a study of naskh al-Qur'an as captured by the formative sources of `Sunni' Islam. It is therefore the case that this study should be strictly understood as one that does not pretend to include nor represent the views of Shi`ism on naskh in the Qur'an or the theory of naskh in itself. / Religion

Text in English and Arabic / In pre-colonial Africa, the Southwestern Sahara which includes Mauritania, Mali and Senegal belonged to what was then referred to as the Sudan and extended from the Atlantic seaboard to the Red Sea. The advent of Islam and the Arabic language to West Africa in the 11th century heralded an intellectual marathon whose literary output still fascinates us today. At a time when Europe was emerging from the dark ages and Africa was for most Europeans a terra incognita, indigenous African scholars were composing treatises as diverse as mathematics, agriculture and the Islamic sciences. A twentieth century Mauritanian, Arabic monograph, Irshād al- Muqallidīn ʿinda ikhtilāf al-Mujtahidīn1, written circa 1910/1332, by a yet unknown Mauritanian jurist of the Mālikī School, Bāba bin al-Shaykh Sīdī al- Shinqīṭī al-Ntishā-ī (d.1920/1342), a member of the muchacclaimed Shinqīṭī fraternity of scholars, is a fine example of African literary accomplishment. This manuscript hereinafter referred to as the Irshād, is written within the legal framework of Islamic jurisprudence (usūl al-fiqh). A science that relies for the most part on the intellectual and interpretive competence of the independent jurist, or mujtahid, in the application of the methodologies employed in the extraction of legal norms from the primary sources of the sharīʿah. The subject matter of the Irshād deals with the question of juristic differences. Juristic differences invariably arise when a mujtahid exercises his academic freedom to clarify or resolve conundrums in the law and to postulate legal norms. Other independent jurists (mujtahidūn) may posit different legal norms because of the exercise of their individual interpretive skills. These differences, when they are deemed juristically irreconcilable, are called ikhtilāfāt (pl. of ikhtilāf). The author of the Irshād explores a corollary of the ikhtilāf narrative and posits the hypothesis that there ought not to be ikhtilāf in the sharīʿah. The proposed research will comprise an annotated translation of the monograph followed by a synopsis and commentary on its dominant themes. / Religious Studies and Arabic / D. Litt. et Phil. (Islamic Studies)