Usool at-Tafseer Part 15 (LANGUAGE OF THE QUR’AAN) By Dr. Abu Ameenah Bilal Philips
Usool at-Tafseer (The Fundamental Principles of Qur'aanic Interpretation)
Dr. Abu Ameenah Bilal Philips.
LANGUAGE OF THE QUR’AAN.
are directed to all people of the society under all circumstances, sometimes to all people under specific circumstances, at other times to particular people in special
situations, and at other times to particular people in all situations. Hence, the language by which these laws are delivered has to accurately distinguish between the various cases in order to avoid any confusion and misinterpretation. The Arabic language in which the Qur’aan was conveyed has a number of words,
phrases and grammatical constructions which express the various shades of meanings necessary to clarify the intent of the laws. Some of these expressions will be briefly studied in this chapter in order to give the reader a glimpse of some of the modes of expression. ‘AAMM (GENERAL) AND KHAASS (SPECIFIC) The ‘aamm could be defined as an expression which is completely general in whatever it refers to when used literally.52 However, ‘aamm expressions may refer to specific things when they are used figuratively. The khaass, on the other hand, is used for a word which is applied to a limited number of things; for 52 An alternate definition is “a word which applies to many things, not limited in number, and includes everything to which it is applicable.” (Principles of Islamic Jurisprudence, p. 104.) For instance, if one were ordered to feed ten poor people, that expression would be khaass.53 It should be noted that certain ‘aamm expressions are more comprehensive
than others. For instance, the category of men is a smaller category than the category of human beings, which includes it. The category of human beings, in turn, is smaller than the category of mammals, which is smaller than the category of animals, and so on. 54 When an ‘aamm expression is qualified or restricted by another more limited ‘aamm expression or a khaass expression, the process is called takhsees, and the limiting expression is called the mukhassis of the broader category.55 The following six examples contain the most commonly used general expressions which can be found in the Qur’aan:56 1. Kull (all, every, or each): This word could be translated into English in a variety of ways, depending on the context. An example of this word’s usage can be found in Allaah’s statements in the Qur’aan: “Every (kull) soul will taste death.”57 “Allaah is the Creator of all (kull) things.”58
These two verses confirm the fact that all things have a beginning point at which they were created and every living soul must come to an end of its existence.
53 Principles of Islamic Jurisprudence, pp. 104-5.
54 See Sharh al-Kawkab al-Muneer, vol. 3, p. 105.
55 See Principles of Islamic Jurisprudence, p. 406.
56 See al-Itqaan, vol. 3, pp. 43-4.
57 Soorah Aal ‘Imraan (3):185.
58 Soorah az-Zumar (39):62.
Hence, Islaam rejects as false the Biblical figure ‘Melchizedek,”59 concerning whom a chapter of unknown authorship called “The Letter to the Hebrews” says, “He (Melchizedek) is without father or mother or genealogy and has neither beginning of days nor end of life, but resembling the son of God he continues a priest forever.”60 2. Al (of definiteness, not in reference to something known to the readers): Although “al” is normally translated as “the,” in this case it translates as “all” or “every.” For example, the verse: “Allaah has made al-bay‘ (all trade) allowable and forbidden ar-ribaa
(all interest).”61 Hence, all forms of trade are considered valid unless they have been expressly
forbidden. Likewise, in the verse: “Cut off the hand of as-saariq was-saariqah (every male and female
thief),”62 the Muslim community—and, more specifically, their rulers, who have been delegated the responsibility of establishing justice and legal punishments—would not be in compliance with this order until they cut the hand of every male and female thief.
59 Genesis 14:18-20.
60 Hebrews 7:3.
61 Soorah al-Baqarah (2):275.
62 Soorah al-Maa’idah (5):38.
3. An-Nakirah (the indefinite in a negative or prohibitive construction): Normally, “a” or “an” is put before the Arabic indefinite form when it is translated into English; however, in an expression containing a negation, the indefinite should be translated in such a way as to indicate its generality. For example, the literally translated verse, “So no rafath (a vulgar word), fusooq (an obscenity), and no jidaal (an argument) during hajj”63 should read, “So there should be no vulgarity, obscenity, or argumentation during hajj.” Likewise, in the verse,
“And your Lord will not oppress a one (ahadan).”64 “a one” would be better translated as “anyone.” 4. Allathee and its Arabic derivatives (the relative pronouns) when acting as subject of the sentence, in which case they would translate as “whoever.” An example of this usage can be found in the following verse condemning those who mistreat their parents:
“And whoever (allathee) said to his parents, ‘Uff to you both’.”65
63 Soorah al-Baqarah (2):197.
64 Soorah al-Kahf (18):49.
65 Soorah al-Ahqaaf (46):17.
“Whoever” in this verse is general, ‘aam, and refers to anyone who would speak disrespectfully to his or her parents. 5. Asmaa’ ash-shart (subordinators which begin conditional clauses: whoever
(man), whatever (maa), wherever (aynamaa), whichever (ayyumaa), etc.): All of these expressions convey a generality in English in virtually the same way that they do in Arabic; for example, Allaah’s statement in the Qur’aan about Safaa and Marwah, the two hills near the Ka‘bah: “Whoever (man) makes hajj or ‘umrah to the House (of Allaah, [i.e. the Ka‘bah]) may circle them without any blame.”66 Other examples can be found in the verses, “Whatever (maa) good you do is known to Allaah,”67 and, “Wherever you may be, you should turn your faces toward it (the
Ka‘bah).”68
66 Soorah al-Baqarah (2):158.
67 Soorah al-Baqarah (2):197.
68 Soorah al-Baqarah (2):150.
6. Ismul-jins (a generic noun in the mudaaf [possessive] construction with a definite noun or pronoun): The following verses are examples of this type of generality: “Let those who would go against his bidding (amrihi) beware.”69 The generic noun amr is related to the possessive pronoun hi, making it general. The warning is directed at those who oppose any of the Prophet’s instructions. Likewise, the verse, “Allaah advises you concerning your children (awlaadikum),”70 refers to inheritance laws for all children. Specification of the ‘Aamm The ‘aamm expression may be divided into three main categories in relationship to the context of the verses in which they occur and the laws or principles which were intended.71 First, there is the ‘aamm expression which remains general. This category does not have many examples because most generalities are specified in one way or another. However, an example can be found in the verse, “And Allaah knows all (kull) things,”72
69 Soorah an-Noor (24):63.
70 Soorah an-Nisaa’ (4):11.
71 See al-Itqaan, vol.3, pp. 44-5.
since Allaah’s knowledge is absolute. Another example can be found in the verse,
“Your mothers (ummahaatukum) have been made forbidden (in marriage) to you,”73 as there are no exceptions to this law, whether they be real mothers, stepmothers, mothers-in-law, or mothers by ridaa‘ (suckling). Second, there is the figurative ‘aam in which the general meaning of the expression was never intended; for example, the verse, “Those to whom the people (an-naas) said, ‘The people have gathered against you, so fear them.’ ”74 The first expression “the people” refers specifically to Nu‘aym ibn Mas‘ood and the second refers to Aboo Sufyaan and the Qurayshee army, and not the generality which the expression implies.75 And third, there is the specified ‘aam, wherein the generality of the ‘aam expression is qualified by one of the specifying words or phrases. For example,
Allaah’s command in the Qur’aan,
72 Soorah an-Nisaa’ (4):176.
73 Soorah an-Nisaa’ (4):23.
74 Soorah Aal ‘Imraan (3):173.
75 Al-Itqaan, vol. 3, p. 45.
“Hajj to the House (the Ka‘bah) is an obligation to Allaah on all people (an-naas) who are able to find a way there.”76 The generality of “all people” is specified by the adjectival clause following it.
Expressions of Takhsees Takhsees (specification of the general) is accomplished by specifying words or phrases found either within the general statements themselves or outside of them. The five types which occur within general statements are as follows:77 1. Istithnaa (exception): In this case the general law is followed by a preposition of exception and a clause or phrase which qualifies it. A good example can be seen in the following verse:
76 Soorah Aal ‘Imraan (3):97.
77 Al-Itqaan, vol. 3, pp. 46-7.
“Verily, for those who (allatheena) wage war against Allaah and His Messenger and spread corruption in the land, the penalty is execution, crucifixion, severing opposite hands and legs, or banishment from the land. That is their disgrace in this life, and in the next life they will receive a severe punishment, except those who repent before they are caught.”78
2. Sifah (modification): This type refers mainly to relative clauses introduced by the relative pronouns allathee, allatee (who, which), and their derivatives. An example of this type of
specification can be found in the following verse concerning the forbidden categories of marriage:
“And your stepdaughters (rabaa’ibukum) under your care, born of your wives whom (allaatee) you have entered.”79 That is, a man’s stepdaughter by a wife with whom he had sexual intercourse is
forbidden to him if he divorces his wife or if she dies. However, if he divorced her before consummating the marriage or if she died before he did so, he would be able to marry her daughter (his stepdaughter). Thus, the relative clause, “whom you have entered” specifies the general phrase, “step-daughters of your wives.” 3. Shart (condition): Conditional clauses function as specifiers since they state the dependence of one circumstance or set of circumstances on another. Such clauses are usually introduced by a subordinator such as “ in” (if). For example, the verse,
78 Soorah al-Maa’idah (5):33-4.
79 Soorah an-Nisaa’ (4):23.
“It is prescribed upon you that you bequeath a good portion (of your wealth) for your parents and close relations when death approaches any of you (ahadakum), if (in) you have left some wealth; an obligation on those who fear God.”80 Thus the general obligation of writing a will when death approaches is turned into an obligation only for those who possess wealth.
4. Ghaayah (clauses of time): Adverbial clauses of time are usually introduced by the subordinator “hattaa” (until) and accompanied by a negative. Good examples of this type of specification are Allaah’s statements concerning the rites of hajj,
“Do not shave your heads until (hattaa) your sacrificial animal has reached its appointed place (of sacrifice),”81 and His statement concerning menstruating women,
“Do not come near them (for sexual intercourse) until ( hattaa) they have reached a state of purity.”82
80 Soorah al-Baqarah (2):180.
81 Soorah al-Baqarah (2):196.
82 Soorah al-Baqarah (2):222.
5. Badal al-ba‘d minal-kull (substitution of a part for the whole): This is an Arabic construction in which a form of relative clause introduced by the subordinator “whoever” (man) des-cribes an aspect of a noun which it can take the place of. An example of this type of construction can be seen in a literal translation of the verse, “Allaah has a right on all people (an-naas) to make hajj to the House;
whoever (man) is able to find a way there.”83 In Arabic, the subordinator “whoever” represents a part of the phrase “all people” and is substituted in its place. Hence the verse could be translated, “Allaah has a right on whoever is able to find a way that they make hajj to the House (Ka‘bah).” Takhsees of a verse by an external statement As was previously mentioned, the other type of takhsees occurs outside of the general statement which it qualifies. The following are the most common ways in which specification may take place outside of the general verse:84
1. Qur’aan:
A general Qur’aanic statement may become specified by another verse found elsewhere in the Qur’aan. A good example of this type of qualification can be seen in the following case:
“Divorced women (al-mutallaqaat) should wait for three menstrual periods.”85
83 Soorah Aal ‘Imraan (3):97.
84 See al-Itqaan, vol. 3, pp. 47-8.
85 Soorah al-Baqarah (2):228.
This statement includes all categories of divorced women, whether they are pregnant or not and whether the marriage was consummated or not. However, this generality was qualified by the following verses,
“The waiting period for pregnant women is until they deliver,”86 and,
“O you who believe, if you marry believing women, then divorce them before touching them (consum-mation), you have no right on them for an ‘iddah.”87 That is, the waiting period for pregnant divorced women may be as long as nine months, while the divorced woman of an unconsummated marriage has no‘iddah at all. Thus the verse is specifically in reference to divorced women who are not pregnant and whose marriages were consummated. 2. Sunnah: General statements in the Qur’aan may also be qualified by statements (hadeeths) of Prophet Muhammad (r). A significant part of the Prophet’s role was that of explaining the generalities of the Qur’aan. For example, the general verse which has been previously mentioned,
86 Soorah at-Talaaq (65):4.
87 Soorah al-Ahzaab (33):49.
“Allaah has made all trade allowable and forbidden all forms of interest,”88 refers only to correct forms of trade. Statements from the Sunnah have excluded certain categories of trade and classified them as being corrupt. Ibn ‘Umar reported that Allaah’s Messenger (r) forbade trade in “the semen of male animals”89 and also forbade the sale of “a pregnant animal’s progeny before its delivery.”90 Ibn ‘Umar explained that in pre-Islaamic times a man would sell the offspring of a she-camel not yet born of an existing she-camel. There are a few cases wherein hadeeths of the Prophet (r) have been made
specific by verses of the Qur’aan. A good example of this type of takhsees is the hadeeth narrated by the sahaabee Aboo Waaqid al-Laythee, who reported that the Prophet (r) said,
“Whatever (maa) is cut off of a living animal is considered carrion.” 91 The general meaning of this statement would require that even wool or hair removed from a live animal be forbidden to Muslims. However, Allaah revealed the following verse which qualifies the Prophet’s statement,
88 Soorah al-Baqarah (2):275.
89 Sahih Al-Bukhari, vol. 3, p. 267, no. 484.
90 Collected by al-Bukhaaree (Sahih Al-Bukhari, vol. 3, p. 199, no. 353) and Muslim (Sahih
Muslim, vol. 3, p. 798, no. 3615).
91 Collected by Aboo Daawood (Sunan Abu Dawud, vol. 2, p. 803, no. 2852), Ibn Maajah and ad-
Daarimee and authenticated by al-Albanee in Saheeh Sunan Abee Daawood, vol. 2, p. 552, no.
2485.
“And from their wool, fur, and hair (Allaah made for you) luxuries and useful articles (to serve you) for a time.”92
MUTLAQ (ABSOLUTE) AND MUQAYYAD (QUALIFIED) This pair of concepts is similar to the paired concepts, ‘aamm and khaass. A major difference is that the word which is ‘aamm encompasses every member of the category it names, whereas the mutlaq word usually applies to any one of a multitude, but not to all.93 For instance, if I say to a servant, “Give ten dollars to every high school graduate who comes to the house,” this expression is ‘aamm. The servant would not be in compliance with my command unless he gives ten dollars to every individual who meets those qualifications. On the other hand, if I told him, “Give ten dollars to a (miskeen) poor person,”94 this expression is
mutlaq. He would be in compliance if he gave it to a single individual who is poor. The mutlaq may be defined as a word or phrase which expresses a nonfigurative idea without placing any limitations on it. It refers to one type of thing without being specific and usually occurs in the form of an indefinite noun (annakirah) in an affirmative statement. Terms like “a slave,” “a chair,” or “a dog”
would be mutlaq, whereas “a believing slave,” “a metal chair,” or “a Filipino man” would all be muqayyad, because each indefinite noun has been qualified and restricted by an adjective (sifah).
Allaah states in the Qur’aan that the expiation for breaking oaths in God’s name is either,
92 Soorah an-Nahl (16):80.
93 See Principles of Islamic Jurisprudence, p. 113. This is based on a definition of the mutlaq given by many ‘usool scholars, such as Ibn Qudaamah and al-Aamidee. The definition has been criticized by other scholars, such as as-Subkee. See Kashf al-Asraar, vol. 2, p. 520.
94 An English speaker might say that a qualification has occurred in this statement, because “poor” is an adjective qualifying the noun “person.” However, in Arabic there is a single noun, miskeen, for this concept.
“....the feeding or clothing of ten poor persons according to how you feed and clothe your own family or the freeing of a slave.”95 There are no limitations as to what type of slave may be freed. However, the type of slave has been restricted in the following verse:
“And whoever kills a believer accidentally should free a believing slave and pay a deeyah (fine) to the family.”96 One of the issues discussed by the scholars of usool al-fiqh is the permissibly of applying a muqayyad expression from one text of the Qur’aan or Sunnah to a mutlaq expression in another text. There are certain circumstances in which there is consensus of the permissibility of this deductive tool, and there are other circumstances where scholars agree it is not allowed to do so, and there are circumstances in which there is some difference of opinion. In order to clarify the issue, the mutlaq and muqayyad verses have been placed in four main categories in relation to the underlying reason (sabab) for their revelation and the agreement or disagreement of the rules (hukm) which they contain. 1. Same sabaab and hukm: An example is the fourth option in atoning (kaffaarah) for breaking an oath taken in Allaah’s name, i.e., to fast three days. This principle is mutlaq in the Qur’aan as follows:
95 Soorah al-Maa’idah (5):89.
96 Soorah an-Nisaa’ (4):92.
“And whoever is unable (to do the previous three options) should fast three days; that is the atonement for breaking your oaths after taking them.”97 However, in the recitation of Ibn Mas‘ood, it was muqayyad: “Fast three consecutive days.” Thus, some scholars ruled that since the sabab (breaking an oath taken in Allaah’s name) was the same in both recitations, and the hukm (fasting) was the same, the mutlaq rule should be understood according to the muqayyad recitation. There is general agreement about the validity of applying the muqayyad text to the mutlaq text in this category, as long as both texts are authentic. A similar case where most scholars agree on the validity of applying the muqayyad to the mutlaq is the prohibition of eating blood. In several verses of the
Qur’aan, blood is prohibited with a mutlaq expression:
“He only prohibited for you carrion and blood...”98 However, in verse 145 of Soorah al-An‘aam, Allaah says,
97 Soorah al-Maa’idah (5):89.
98 Soorah al-Baqarah (2):173.
“Say (O Prophet r), ‘In all that has been revealed to me, I do not find
anything forbidden to eat, if one wants to eat of it, unless it is carrion
or blood poured forth...’ ” Since the mutlaq and the muqayyad both deal with prohibited foods, it is valid to say that the only type of prohibited blood is that which is poured forth. Therefore,
the blood that seeps from meat while it is being cooked is not prohibited.99 2. Same sabab but different hukm: An example of this category is the case of cleaning the hands100 during the
performance of wudoo’ and tayammum.101 In the verse on purification,
“O believers, when you get up to make salaah (prayer), you should wash your faces and hands up to the elbows.”102 the word “hands” in making wudoo’ is muqayyad; whereas in the same verse concerning tayammum, it is left mutlaq:103
99 See Kashf al-Asraar, vol. 2, p. 527.
100 Hand (yad) in Arabic could refer to the palm up to the wrist, up to the elbow, or up to the shoulder.
101 Purification with dust or clean earth in the absence of water.
102 Soorah al-Maa’idah (5):6.
103 A person may ask, “Why is this verse considered muqayyad rather than mukhassas? Isn’t it true
that one of the forms for expressing the ‘aamm in Arabic is the generic noun related to a possessive pronoun?” However, one should keep in mind that one of the conditions of the ‘aamm is that it applies to many things, not limited in number. Each human being has two hands, which is a limited number. “Make tayammum with good (clean) earth; Wipe your faces and hands with it.”104 In these examples, the sabab (loss of one’s state of purity) is the same in both cases; however, the hukm is different in that water is used in the case of wudoo’ and more body parts are cleaned; whereas dust is used only on the face and hands in the case of tayammum. Hence, the mutlaq should not be interpreted according to the muqayyad. In fact, authentic hadeeths describing tayammum specify the wrists as the limit. The sahaabee ‘Ammaar ibn Yaasir reported that the Prophet (r) told him to strike both of his hands on the ground once, blow on them, and then wipe his face and hands, left hand on right, up to the wrists.105 3. Different sabab but same hukm:
The atonement (kaffaarah) of freeing a slave is a good example of this category. In the case of accidental murder, the word slave is muqayyad:
“A believer may not kill another believer except by accident. And whoever kills a believer accidentally should free a believing slave.”106 But in the case of thihaar 107 the word is mutlaq:
104 Soorah al-Maa’idah (5):6.
105 Sahih Al-Bukhari, vol. 1, pp. 208-9, no. 343, and Sahih Muslim, vol. 1, p. 202, nos. 716-8.
106 Soorah an-Nisaa’ (4):92.
107 A quasi-divorce practiced by pre-Islaamic Arabs. The husband would swear not to touch his
wife because he considered her “like his mother.” The wife was not free to look for another husband, but she was denied conjugal rights. “Those who swear off their wives, then wish to go back on what they said, should free a slave before they touch each other.”108 There is obviously no basis here for interpreting the mutlaq according to the muqayyad. A believer’s life was taken, hence the requirement is that the freed slave be a believer; whereas in the case of breaking of oaths made by thihaar or otherwise, the freeing of any slave is sufficient. 4. Different sabab and different hukm:
An example of this category is in the case of the hand in wudoo’ and theft. In the verse on purification previously mentioned, the hand is made muqayyad by the phrase, “up to the elbows,” but in the case of theft, it is left mutlaq. Consider the following: “Cut off the hands of both the male and female thief.”109 Here again, the mutlaq cannot be specified by the muqayyad, especially since it was reported that the Prophet (r) limited the amputation of hands to the wrist and so did the Righteous Caliphs.110 MANTOOQ (STATED) AND MAFHOOM (IMPLIED) MEANINGS
Words and expressions may convey ideas either by their explicit constructions or by implication. Meaning derived from the explicit aspect of
108 Soorah al-Mujaadalah (58):3.
109 Soorah al-Maa’idah (5):38.
110 See Kashf al-Asraar, vol. 2, pp. 521-7.
words or expressions are referred to as mantooq, while those derived from their implications are called mafhoom. Mantooq (explicit) meanings may be derived in five different ways,
depending on the type of Arabic grammatical construction used.
1. Nass (explicit): This method of deriving the mantooq meaning refers to any expression which
clearly indicates an idea, leaving no room for other interpretations; for example, the following verse orders those who intend hajj tamattu‘, but are unable to slaughter an animal: “You should fast three days during hajj and seven days when you return (home); those make a complete (kaamilah) ten (days).”111 The adjective (sifah) “complete” removes any doubt that ten meant approximately
ten, according to figurative usage. 2. Thaahir (obvious): This term refers to the most obvious and likely meaning of a given expression which could indicate another, though less likely, meaning. An example of the thaahir can be found in the verse referring to the consumption of forbidden meats:
“But whoever is forced to eat it without willful disobedience (baaghin) or transgressing the limits has no sin on him.”112 111 Soorah al-Baqarah (2):196.
The term “baaghin” could also mean “ignorant,” but in this context the meaning “willfully disobedient” is more obviously suited. Another example of this type of expression is the verse concerning sexual relations with menstruating women:
“And do not come near them (menstruating women) until they have become pure (yat-hurna).”113
“Yat-hurna” could mean either the end of the menstrual cycle, making wudoo’114 or taking a ghusl.115 However, the likelihood of it meaning a ghusl is greater than the other possible meanings.
3. Mu’awwal (explained): In this case, the obvious meaning of an expression is avoided due to its
inappropriateness. That is, the less obvious meaning of the expression is favored due to some factor(s) which disallow the obvious meaning. For example, Allaah commands us in our relations with parents as follows:
“Lower the wing (janaah) of humility out of mercy to them.”116 The phrase “wing of humility” is taken to mean submissiveness, obedience to parents, and good treatment of parents, due to the impossibility of human beings having wings. Another example is in verse 6 of Soorah al-Maa’idah:
112 Soorah al-Baqarah (2):173.
113 Soorah al-Baqarah (2):222.
114 Washing the face, hands and feet and wiping the hair.
115 A complete bath.
116 Soorah al-Israa’ (17):24.
“O you who believe, when you stand to pray, wash your faces...”
The apparent meaning of the verse is that one must perform wudoo’ after one
stands to perform salaah. Since there is no record of the Prophet (r) and his
companions making a habit of performing wudoo’ after the iqaamah was called,
the scholars agree that the intended meaning is that one must perform wudoo’
when one intends to pray, and then only if one has lost his previous wudoo’. The
second point is disputed by the Thaahiree school, who adhere to the literal
implication of the verse. The majority of scholars argue against them on the basis
of the hadeeth of Sulaymaan ibn Buraydah that the Prophet (r) prayed all the
prayers with a single wudoo’ on the day of his victorious reentry into Makkah.
When ‘Umar asked him about it, remarking that he had never seen him do so
before, the Prophet (r) told him,
( ع مدا صَن عتُه ، يا عمر .)
“ I did so on purpose, ‘Umar.” 117
4. Iqtidaa (necessity):
Sometimes the correct meaning of an Arabic expression depends on the
supposition of a deleted word or phrase. Such a method of derivation of a
mantooq meaning is called “dalaalah al-iqtidaa;” that is, indication of the
meaning by a necessary supposition.118 A classical example of this type can be
found in the verse on fasting:
117 Sahih Muslim, vol. 1, pp. 165-6, no. 540.
118 See Principles of Islamic Jurisprudence, pp. 128-30.
“Whoever among you who is sick or travelling (should fast) a (like)
number of other days.”119
The phrase, “ fa aftara” (“and breaks fast”), has to be supposed after “travelling,”
because a traveller is only required to make up days of fasting if he or she breaks
fast while travelling. Likewise, one who is sick but does not break his or her fast
would have no fasts to make up.120
5. Ishaarah (suggestion):
At other times, an expression may indicate a secondary meaning without
requiring any supposition of words or phrases. This type of mantooq meaning is
called “dilaalah al-ishaarah;” that is, indication of the meaning by suggestion. If
one considers, for example, the verse:
“Intercourse with your wives is permitted for you during the nights of
the (month of fasting...so go to them and seek what Allaah has written
119 Soorah al-Baqarah (2):184.
120 This is the position of the four math-habs. They were opposed by the Thaahirees.
for you; and eat and drink until the white thread of the dawn becomes
distinct to you from the black thread (of the night).”121
This indicates that it is acceptable to begin the fast in a state of janaabah,122 since
intercourse is allowable at night up until dawn, possibly leaving no opportunity
for one to regain his or her state of purity by bathing; thus, entering the morning
of a fast in a state of impurity must, of necessity, be allowable.
Mafhoom (Implied) Meanings
There are two types of mafhoom (implied) meanings in relationship to the
rule contained in the mantooq meaning of a statement: the mafhoom almuwaafaqah,
in which the rule in the implied meaning agrees with that of the
mantooq; and mafhoom al-mukhaalafah, in which the rule in the implied meaning
is the contrapositive of the mantooq.123 That is, if a law is connected to a
particular condition, trait, number, etc., one can assume the law doesn’t apply
when the condition, trait, number, etc. is missing. Both of these types of mafhoom
meanings have been further subdivided by some scholars; however, the
differences are so linguistically fine that it will suffice to mention a few examples
from each of the two main types here.
An example of mafhoom al-muwaafaqah can be found in the verse
prohibiting harsh words with parents,
( 7e$é& !$yJçl°; @à)s? Ÿxsù )
“Do not say to them ‘Uff.’ ”124
121 Soorah al-Baqarah (2):187.
122A state of impurity caused by sexual intercourse. It is removed by a ghusl (Islaamic bath).
123 See Principles of Islamic Jurisprudence, pp. 132-7.
124 “Uff” literally means dirt in the ears or under the fingernails, but is used as an interjection
expressing displeasure. The verse is from Soorah al-Israa’ (17):23.
The mantooq here forbids the saying of “Uff” to parents, and the mafhoom is that
cursing them or hitting them is also forbidden. Another example may be found in
the verse on the property of orphans:
“Verily, those who consume the wealth of orphans unjustly only
consume fire in their stomachs, and they will soon be burnt in a
blazing Fire.”125
The mantooq prohibits misappropriating the property of an orphan for one’s
personal benefit. By implication, it would also be prohibited to burn an orphan’s
money, as both acts deprive the orphan of benefit from his wealth. In the example
of mistreatment of parents, the rule in the mafhoom is stronger than that of the
mantooq; while in the second example, they are on the same level.
The validity of rules derived from the mafhoom al-muwaafaqah is
unquestionably logical and, as such, it is among the fundamental principles used
by all of the scholars of Islaamic law.126
Scholars are divided, however, on the validity of arguments based on
mafhoom al-mukhaalafah. An example of it is contained in the verse,
( (#þqãY¨t6tGsù :*t6t^Î/ 7,Å™$sù óOä.uä!%y‘ bÎ) )
“If a sinful person comes to you with information, get it confirmed.”127
125 Soorah an-Nisaa’ (4):10.
126 It is also called al-qiyaas al-jalee, the obvious analogy.
This verse implies that information brought by a righteous person should be
accepted without the necessity of confirmation. Another example is contained in
the verse on the punishment for one who slanders a woman by falsely accusing
her of fornication or adultery:
“Lash them eighty times.”128
The mafhoom here is that they should be given no more nor less than eighty lashes. Also, in the verse concerning hunting during hajj,
“O Believers, do not hunt while you are in a state of ihraam.129 The punishment for whoever intentionally kills (an animal) is the sacrifice of a like domesticated animal,”130 the mafhoom meaning here is that the accidental killing of an animal does not necessitate a sacrifice. In each of the preceding cases, the mafhoom almukhaalafah yields a valid ruling. However, where the mantooq is a description of a common circumstance which is not true in all cases, the mafhoom almukhaalafah will be false. For example, in the verse prohibiting marriage to stepdaughters, 127 Soorah al-Hujuraat (49):6. 128 Soorah an-Noor (24):4. 129 A state of consecration one enters for hajj or ‘umrah, in which one refrains from sex, cutting of the hair, wearing perfume, etc., and in the case of men, regular clothing is replaced by two sheetlike garments. 130 Soorah al-Maa’idah (5):95.
“And your stepdaughters under your care,”131 the mafhoom al-mukhaalafah is that stepdaughters not under your care may be taken in marriage. However, this is not the case. The phrase “under your care” only addresses the usual situation and not a condition of prohibition. This interpretation, agreed upon between the four math-habs, is strengthened by the fact that the verse mentions two qualifications for the step-daughters: “And your stepdaughters under your care (born) of your wives with whom you have consummated marriage—but if you have not gone into them, then there is no sin for you (to marry their daughters after the death or divorce of the mothers)...”132 It then goes on to explicitly state that if the second condition does not hold, the prohibition doesn’t apply. It makes no mention of this exception when the first condition is missing. The other case of an incorrect mafhoom al-mukhaalafah is when the mantooq is an explanation of a certain reality. For example, the verse, 131 Soorah an-Nisaa’ (4):23. 132 Soorah an-Nisaa’ (4):23.
“And whoever worships another god along with Allaah with no proof of it (being real), his account is only with his Lord. Verily, the rejecters of faith will not prosper.”133 The mafhoom of the verse is that if someone has proof of another god’s reality, he may worship it along with Allaah. This is incorrect, because there is no valid proof of any other god’s reality, since no other god exists besides Allaah. The phrase “with no proof of it being real” was added for emphasis and to ridicule those who worship other gods (idols) besides Allaah. Hence, the majority of scholars accept the rules derived from the mafhoom al-mukhaalafah as long as the conditions of the mantooq are not descriptions of a common circumstance or an explanation of reality.134 133 Soorah al-Mu’minoon (23):117. 134 Aboo Haneefah alone rejected the use of mafhoom al-mukhaalafah.
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