lesson7

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Contents of the Lesson
What is this chapter about?
I. The Explicit Meaning (‫)عبارة النص‬.
II. The Alluded Meaning (‫)اشارة النص‬.
III. The Inferred Meaning (‫)داللة النص‬.
IV. The required Meaning (‫)اقتضاء النص‬.
Illustrate the conflict between the alluded meaning and
the inferred meaning.
V. Divergent Meaning (‫ )مفهوم المخالفة‬and the Shafi
Classification of al-Dalalat.
What is this chapter about?

The law normally requires compliance not only with
the obvious meaning of its texts but also with its implied
meanings, and indirect indications and inferences.

The ulama of usul have distinguished several shades
of meaning that a nass may be capable of imparting.


The Hanafi jurists have distinguished four levels
of meaning in an order which begins with the explicit
or immediate meaning of the text.
Next in this order is the ‘alluded’ meaning which is
followed by the ‘inferred’ meanings, and lastly by the
‘required’ meaning.

There is yet a fifth variety of meaning, namely
the ‘divergent’ meaning, which is somewhat
controversial but has, in principle, been accepted.

The explicit meaning (ibarah al-nass), which is
based on the words and sentences of the text, is the
dominant and most authoritative meaning.
The meaning which is indicated by the signs
and allusions is referred to as isharah al-nass, that is
the alluded meanings.
Complementary meaning warranted by the
logical and juridical purport of the text is known as
dalalah al-nass, or the inferred meaning.
There is a difference of opinion between the
Hanafi and the Shafi jurists as to whether the
inferred meaning should necessarily be regarded as
inferior to the alluded meaning.
Iqtida al-nass, or the required meaning, is
once again a logical and necessary meaning without
which the text would remain incomplete.
I. The Explicit Meaning
(Ibarah al-Nass)
 The explicit meaning represents the theme and
purpose of the text.
 ’And if you fear that you may be unable to treat the
orphans fairly, then marry of the women who seem
good to you, two, three or four. But if you fear that you
cannot treat [your co-wives] equitably, then marry
only one’
ُ ‫َو ِإنْ ِخفتُمْ أ َ َّْل تُقس‬
 ‫اء َمثنَى‬
ِْ ‫س‬
َْ ‫اب لَ ُكمْ ِم‬
َْ ‫حوا َما َط‬
ُْ ‫ِطوا فِي اليَتَا َمى فَان ِك‬
َ ِ‫ن الن‬
‫ك ْأ َدنَى أ َ َّْل‬
َْ ‫احدَةْ أَوْ َما َملَكَتْ أَي َمانُ ُكمْ ذَ ِل‬
ِْ ‫ع فَ ِإنْ ِخفتُمْ أ َ َّْل تَع ِدلُوا فَ َو‬
َْ ‫ث َو ُربَا‬
َْ ‫َوث ُ ََل‬
)3( ‫تَعُولُوا‬
I. The Explicit Meaning (Ibarah al-Nass)
 At least three or four meanings are distinguishable in this
text:
1. Legality of marriage
2. Limiting polygamy to the maximum of four
3. Remaining monogamous if polygamy may be feared to lead
to injustice
4. The requirement that orphaned girls must be accorded fair
treatment
 The first and the last are subsidiary and incidental, the
second and the third represent the explicit themes and
meanings of the text.
 The effect of ‘ibarah al-nass is that it conveys a definitive
ruling (‫ )حكم قطعى‬on its own and is in no need of corroborative
evidence;
II. The Alluded Meaning (‫)اشارةْالنص‬
 The text imparts a rationally associated meaning that is
obtained through further investigation of the signs that might be
detectable therein.
 An example is that text concerning the maintenance of young
children: ‘It is his [father’s] duty to provide them with
maintenance and clothing according to custom ’ ‫علَى ال َمولُو ِْد‬
َ ‫َو‬
ِْ ‫ُن ِبال َمع ُر‬
‫وف‬
َْ ‫ُن َو ِكس َوتُه‬
َْ ‫ِرزقُه‬
(al-Baqarah, 2:233).
ُ‫لَ ْه‬
 The explicit meaning of this text obviously determines that it is
the father's duty to
support his child. It is also understood from the wording of the
text, especially from the use of the
pronoun ‘‫( 'له‬his) that only the father and no-one else bears this
obligation
 Similarly, the rule that the father, when in dire
need, may take what he needs of the property of
his offspring. This is an The Alluded Meaning
 Another example: ‘ There shall be no blame on you
if you divorce your wives with whom you had no
sexual intercourse, nor had you assigned for them
a dower ’ ْ‫سا َءْ َماْلَمْت َ َمسوو ُُ َنْأَو‬
َْ ِ‫علَي ُكمْإِنْ َطلَقت ُ ُمْالن‬
َ ْ‫َّلْ ُجنَا َح‬
ُ ‫تَف ِر‬
َ ‫ضواْلَه َُنْفَ ِري‬
ْ‫ضة‬
(al-Baqarah, 2:236).
 The alluded meaning here is the legality of
concluding a contract of marriage without the
assignment of a dower (‫)المهر‬.
III. The Inferred Meaning (‫)داللة النص‬
 Derived from the spirit and rationale of a legal text
even when this is not indicated in its words and
sentences.
 Unlike the explicit meaning and the alluded meaning,
it is derived through analogy.
 This might explain why some ‘uluma have equated
dalalah al-nass with analogical deduction,
 ‘and say not “uff” to them’ ‫ّل ْت َن َهر ُُ َما‬
َْ ‫َل تَقُلْ لَ ُه َما أُفْ َو‬
ْ َ َ‫ف‬
 (al-Isra 17:23)
 The inferred meaning of this text is that all forms of
abusive words and acts are forbidden.
IV. The required Meaning (‫)اقتضاء النص‬
 This is a meaning on which the text itself is silent and
yet which must be read into it is to fulfill its proper
objective.
 The Quran proclaims ‘Unlawful to you are your
mothers and your daughters’ (al-Nisa, 4:23).
This text does not mention the word ‘marriage’,
but even so this must be read into the text.
 A different example refers to the hadith which states:
‘There is no fast [‫ ]ّلصيام‬for anyone who has not intended it
from the night before.’
The missing element could either be that the fasting is
‘invalid’ or that it is ‘incomplete’. The Hanafis have upheld
the latter whereas the Shafi’is have read the former
meaning into this hadith.
 A legal text may be interpreted through the
application of any one or more of the four
varieties of textual implications.
 As stated above, in the event of a conflict between
the ‘ibarah al-nass and the isharah al-nass, the
former prevails over the latter.
This may be illustrated by the Quranic ayat
concerning the punishment of murder:
‘retaliation is prescribed for you in cases of
murder’ (al-Baqarah, 2:178).
‫اص فِي القَتلَى‬
ُْ ‫ص‬
َْ ِ‫ُكت‬
َ ‫ب‬
َ ‫علَي ُك ُْم ال ِق‬
’Whoever deliberately kills a believer, his
punishment will be permanent hellfire’
‫َو َمنْ يَقتُلْ ُمؤ ِمنا ُمتَعَ ِمدا فَ َج َزا ُؤ ْهُ َج َهْنَ ُْم َخا ِلدا فِي َها‬
(al-Nisa, 4:93).
 The explicit meaning of the first ayah provides that
the murderer must be retaliated against;
 the explicit meaning of the second ayah is that the
murderer is punished with permanent hellfire.
 The alluded meaning of the second ayah is that
retaliation is not a required punishment for
murder; instead the murderer will, according to
the explicit terms of this ayah be punished in the
hereafter.
 There is no conflict in the explicit meanings of the
two texts, but only between the explicit meaning of
the first and the alluded meaning of the second.
To Illustrate the conflict between the alluded
meaning and the inferred meaning,
 The Quranic text on the expiation of erroneous killing:
‘The expiation [‫ ]كفارة‬of anyone who erroneously kills a
believer is to set free a Muslim slave’ (al-Nisa, 4:92)
 By way of inference ‫ داللة‬, it is further understood that
freeing a Muslim slave would also be required in
intentional homicide: ‘Whoever deliberately kills a
believer, his punishment is permanent hell-fire’ (alNisa, 4:93).
 The alluded meaning of this text is that freeing a slave
is not required.
 The alluded meaning, which is that the murderer is not
required to pay ‫كفارة‬, takes priority over the inferred
meaning that renders him liable to payment
V. Divergent Meaning (‫المخالفة‬
‫)مفهوم‬
 A legal text never implies its opposite meaning; if a
legal text is at all capable of imparting a divergent
meaning, then there needs to be a separate text to
validate it.
 This argument has been most forcefully advanced by
the Hanafis, who are basically of the view that ‫مفهوم‬
‫ المخالفة‬is not a valid method of interpretation.
 However, ‫ مفهوم المخالفة‬is upheld on a restrictive basis.
 For example, the Quran proclaims ‘Say, I find nothing
in the message that is revealed to me forbidding
anyone who wishes to eat except the dead carcass and
bloodshed forth’ (al-Anam, 6:145)
َ ‫علَىْ َطا ِعمْْيَطعَ ُمهُْ ِإ َّلْأَنْيَ ُك‬
ْ‫ونْ َميتَةْْأ َوْدَما‬
َ ْ‫وح َيْ ِإلَ َيْ ُم َح َرما‬
ِ ُ ‫قُل َّْلْأ َ ِجدُْ ِفيْ َماْأ‬
ُ ‫ْاَّللِْ ِب ِهْفَ َم ِنْاض‬
َ ْ‫ط َر‬
َ ‫سْأَوْفِسْقاْأ ُ ُِ َلْ ِلغَي ِر‬
ْ‫غي َر‬
ٌ ‫ْخن ِزيرْفَ ِإنَهُ ِْرج‬
ِ ‫َمسفُوحاْأَوْلَح َم‬
َ ْ‫ْربَ َك‬
‫ْر ِحي ٌْم‬
ٌ ُ‫غف‬
َ ‫بَاغ‬
َ ‫ور‬
َ ‫ْو َّلْعَادْفَ ِإ َن‬
 would it be valid to suggest that blood which is not
shed forth is lawful for human consumption? Off
course not ,As for the permissibility of unspilt blood
such as liver and spleen, which consist of clotted blood,
this is established, not by the ayah under
consideration,but by a separate text. Liver and spleen
are lawful to eat by virtue of the Hadith.
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