Islamic
Jurisprudence (Usul Al Fiqh):
Interpretation
of The Quran and Sunnah
By
Shah Abdul Hannan
An important
issue in Usul-al-Fiqh is how to interpret the basic sources of
Islam, the Quran and the Sunnah. This would require understanding the
Quran and the Sunnah i.e. their text and meaning of their
texts. As such a person who wants to interpret the Quran and the
Sunnah at any level (in depth or otherwise) would require the
knowledge of Arabic language . For this reason Ulama of Usul include
the classification of words and understanding their meaning in the
study of Usul-al-Fiqh.
Interpretation is not normally
attempted if the text itself is self-evident. However, the greater
part of Fiqh or law is derived through interpretation because most of
the legal texts are not self-evident.
It should be noted that
Tawil (interpretation) and Tafsir (explanation) is not the same
thing. Tafsir aims at explaining the meaning of the given text and
deducing a Hukum (rule) from it within the confines of its sentences.
Tawil (interpretation) goes beyond the literal meaning of the text
and bring out hidden meaning, which is often based on speculative
reasoning and Ijtihad.
All words are
presumed to convey their absolute (Mutlaq), general (Amm) and literal
(Hakiki) meaning unless departure to alternative is justified. If the
explanation or Tawil of one part of the Quran and the
Sunnah is provided in another part of the Quran and Sunnah, it
is called Tafsir Tashrii (explanation found in the Quran and the
Sunnah) that is considered integral part of the law. However, if
Tafsir or Tawil take the nature of opinion or Ijtihad, this is not
considered integral part of the law (the status of this part of law
is less than the first one, there is more difference among jurists on
this part of law). Interpretation (tawil) can be relevant. This type
of Tawil is accepted by all. However, interpretation can be very
far-fetched which is not accepted by a majority of scholar.
Zahiri scholars do not normally accept interpretation. However, this
position is weak and impractical.
Clear words are of
four types, according to a major classification. They are Zahir,
Nass, Mufassar and Muhkam. Zahir (manifest) is a word which has a
clear meaning and yet open to Tawil, primarily because the meaning
is not in harmony with the context. Nass is a clear word that is
in harmony with the context, but still open to Tawil. The
distinction between Zahir and Nass is whether the meaning is in
harmony with the context or whether the meaning is primary or
secondary in the text concerned. The obvious meaning of Zahir and
Nass should be followed unless there is reason to warrant recourse to
Tawil.
Mufassar (unequivocal) and Muhkam (perspicuous) are words
whose meaning is absolutely clear and there is no need to take
recourse to Tawil. (Here is the difference between these words
and Zahir and Nass). There is no real distinction between Mufassar
and Muhkam in terms of clarity. However, the jurists have made a
distinction between Muhkam and Mufassar, which one is liable to
abrogation and which one is not. They hold Muhkam is not liable to
abrogation and Mufassar is liable to abrogation. However, there
is not much purpose in the distinction because nothing can be
abrogated now.
Unclear words (Al Alfaz Ghairal Wadiha) are of
four types - Khafi (obscure), Mushkil (difficult), Mujmal
(ambivalent) and Mutashabih (the Intricate).
Khafi is a
word whose meaning is partly unclear. For instance the word Sariq
(thief) is unclear as to whether it includes a pickpocket. This
has important implication because if pickpocket is not included (as
the majority holds) then, he would not be liable to Hadd (that is,
punishment prescribed in the Quran or Sunnah) but will be liable to
Tazir (punishment prescribed by the legislative authority in the
present day world, punishment given by judges in the past). Mushkil
(difficult) is a word which has several meanings. So Ijtihad and
Tawil would be required in determing the correct position in the
context (there may be difference of opinion in this area). Mushkil is
inherently an ambiguous word, whereas Khafi has a clear basic
meaning. A text may become Mushkil in the existence of conflicting
text (see the conflict in verse 4:79 and 3:154 cited by Dr. Kamali in
his Principles of Islamic Jurisprudence).
Mujmal denotes a word or text which is inherently unclear and gives
no indication as to its precise meaning. It may have several meanings
or it may be unfamiliar word or the lawgiver may not have explained
the word to clarify it. . For instance the words such as Salat Hajj,
Riba and Siam. They have lost their literal meaning and taken a
technical meaning given by the lawgiver. However, these words have
become totally clear or Mufassar due to explanations provided in the
Sunnah. The word Al-qariah in the verses 101:1-5 is a mujmal
word. However it has been explained by the Quran itself and has
become clear. If the explanation provided by the lawgiver is
insufficient, Mujmal turns into Mushkil which is open to
Ijtihad and Tawil. Mutashabih (Intricate) is a word whose
meaning is a mystery. Harful Muqattaat (such as Alif Lam Mim) are
Mutashabihat. Nobody knows their meaning (please see various opinions
regarding the use of these words in the text books on Usul).
Many scholars hold that passages of the Quran which draw resemblance
between man and God are Mutashabihat. Some scholars hold there is no
Mutashabihat except Haruful Muqattaat. Mutashabihat do not
occur in the legal texts. (Please see the Tafsir “the Message of
the Quran by Muhammad Asad, Appendix).
From the point of view of scope, words are classified into Amm
(General) and Khass (specific). Amm is basically
a word which has a single meaning and which applies to many things,
not limited in number, and it includes everything to which it is
applicable. Insan (human being) 'whoever' (in a
conditional speech) are example of Amm. When the article Al
(the) precedes a noun, the noun becomes Amm. The Arabic
expressions Jami (all), Kaffah (all), Kull (all,
entire) when precede or succeed a word, the word becomes Amm. An
indefinite word (al-Nakirah) when used to convey the negative becomes
Amm. For instance the Hadith 'la darar wa la dirar
fil Islam (no harm shall be inflicted, no harm shall be
accepted), When a command is issued by Amm words, it shall be
applicable to all it applies. In determining the scope of Amm,
reference is made not only to the rules of the language but also to
the usage of the people; and in case of conflict, priority is given
to the latter. Amm can be of 3 types
The word "man"
(in Arabic meaning he who) is Khass in application but when
used in conditional speech it becomes Amm. (ref. The Al-Quran
- 4 : 92, 2 : 185). Khass is a word which is applied to
a limited number of things but applies to everything to which it can
be applied. The words one, two, one hundred, Dina,
Jannah. Imran, Bobby, a horse, a human being are Khass.
Legal rules or commands conveyed in specific terms are definite in
application and are not normally open to Tawil. There is
general agreement that Khass is Qati (definitive), i.e. it's
meaning and application are beyond doubt clear.
Ulama have differed on Amm, whether it is Qati or Zanni. The
majority holds it to be Zanni, minority holds it to be Qati.
The result of this disagreement becomes clear in the event of
conflict between Khass and Amm. In
the case of two rulings on the same point, one Amm and one
Khass (in the Quran or the Sunnah), according to the
majority, Khass will prevail over the Amm. Minority
holds that Khass specifies the Amm.
According to majority, Khass is Qati (Amm is
not), as such it will prevail over Amm. According to
minority, Amm is also Qati, and as such, Amm will be
specified by Khass, if the two rulings are chronologically
parallel. Khass will be abrogated if Amm is of later origin.
Amm will be partially specified if Khass is of later
origin. According to majority, an Amm (general) proposition
may be specified by a dependent clause which may occur in the same
text (same verse or in another text (another verse). This may be done
by introducing an Istisna (an exception reference - 2 : 282),
a Shart (condition, ref. 4 : 12) or Sifah (quality,
ref. 4 : 23) or by indicating extent of application (ghayah, ref. 5 :
6).
The effect of Amm is that
it remains in force unless specified. Even after partial
specification Amm remains legal authority for
unspecified portion. According to the majority Amm is
speculative as a whole, whether before or after Takhsis
(limitation) and as such open to Tawil. The cause (Sabab)
of general ruling can not limit the application of the ruling. For
instance, Asbab an Nazul (causes of revelation of verses of
the Quran) will not limit the application of law based on the verse
to the cause only.
Mutlaq and Muqayyid
Mutlaq denotes a word which is neither qualified nor limited
in its application. When we say a book', it applies to any book
without restriction. Mutlaq is unspecified and unqualified.
When Mutlaq word is qualified by another word or words, it
becomes Muqayyad. For instance, 'a red book'. Whereas Amm
and Khass deal with scope of the words, Mutlaq and
Muqayyad deal with essentially qualification (though Mutlaq
has resemblance to Amm and Muqayyad has resemblance to
Khass). An example of Mutlaq is "Fa
tahriru rakabatin" (freeing a slave) in Sura Al-Maida (5 :
92). An example of Muqayyad is "freeing of a
believing slave in Sura Nisa (4 : 92).
Mutlaq remains absolute in application unless there is a
limitation to qualify it When Mutlaq is qualified into
Muqayyad, the latter will get priority (see Quran 5 : 3 and 6
: 145). If there are two texts on the issue, one Mutlaq and
the other Muqayyad, if they differ in their ruling and cause,
both will operate, neither will be qualified. This is the majority
view. Imam Shafii differs some what. He says that if the two
texts vary in ruling but has the same cause, the Mutlaq will
be qualified by the Muqayyad (see verses 5 : 7 and 4 : 43 of
the Quran). Early Hanafi scholars think that if Mutlaq and
Muqayyad differ in their causes, one does not qualify the
other.
Haqiqi (literal) and Majazi
(metaphorical)
Words are normally
used in their Haqiqi (literal) sense. Literal will
normally prevail over metaphorical, particularly in law. Most
of the Quran is Haqiqi. But Majazi also occurs in the
Quran. For instance, the Quran says in 40 : 13 that "Allah sends
down sustenance from the heavens which in fact means rain"
(other examples, see textbook).
If
the metaphorical (Majazi) meaning becomes dominant, it will prevail
over the literal. For instance the literal meaning of "talaq"
(that is release or removal of restriction) has been abandoned for
metaphorical meaning of divorce.
Haqiqi has sub-divisions of linguistic, customary and
juridical (please see the textbook). Haqiqi and Majazi
have been subdivided into "Sarih" and "Kinayah".
Sarih (plain) is a word where
the meaning is plain. You need not ask the speaker or writer to know
the meaning. Kinayah (allusive) is a form of speech
which does not disclose the intention of the speaker, you require
further explanation from the speaker to know the intention. For
instance, the use of the word 'Itaaddi' (start counting).
Divorce is not clearly indicated.
A
Mushtarak is a word which has more than one meaning. 'Ayn'
in Arabic is a Mushtarak which may mean eye, water-spring,
gold and spy. Plurality of meaning of Mushtarak may be
because of usage or acquisition of metaphorical meaning over time.
The rule in regard to commands and prohibitions of the Shariah is
that the lawgiver does not intend to hold more than one meaning of
the Mushtarak. The Mushtarak is in the
nature of Mushkil and it is for the expert (Mujtahid) to
determine the correct meaning in the context (Mujtahids may
differ in this - this happens always with Ijtihad).
Textual Implications (Al-Dalalah)
There are two major analysis regarding levels of meaning of words and
texts, the Hanafi and Shafii. There is not much
difference in essence between the two. The Hanafi
Ulema of Usul have distinguished four levels of meaning - First level
is Ibarah al Nass (the explicit meaning). Ibarah
al Nass is obviously perceptible from the text and also
represents the principal theme of the text, if there are subsidiary
themes also. (For example, limiting polygamy is a conclusion derived
by Ibarah an Nass from the verse 4:3).
Most of the Nasus (legal texts) of Shariah convey
their rulings by way of Ibarah Al Nass.
Ibarah Al Nass conveys a Hukm Qati (definitive ruling)
on its own and does not require corroborative
evidence. Second level is Isharah Al Nass. This is an
indicative meaning or alluded meaning present in the text. An example
of indicative meaning is the verse 2:236 where it is not clearly said
that marriage can be contracted without prior fixation of marital
gift but deeper investigation suggests so. It may be noted that in
any event marital gift has to be given to wife in terms of verse 4 :
4 of the Quran.
Third method of
deduction is Dalalah Al Nass ( inferred meaning). This
is a meaning derived from the spirit and rationale of a legal text
even if it is not indicated in the text. For instance from verse 17 :
23, we can infer that not only we can not say "Uff" to
parents, we can not use any abusive language. Forth
method of deduction or level of meaning is Iqtida Al Nass
(required meaning) that is a meaning on which the text is
silent, yet it must be assumed to fulfil proper objective. For
instance in verse 4: 22, it must be assumed that prohibition of
marriage of mother or daughter means who are mothers or daughters
through marriage. In case of conflict, the first
level (Ibarah Al Nass) will take precedence over second level
(Isharah Al Nass) and so on.
The
Shafiis have classified Texual implications into two basic types -
Dalalah Al Mantuq (pronounced
meaning) and Dalalah Al Mafhum (implied meaning).
Dalalah Al Mantuq has been divided into Dalalah Al Iqtida
(required meaning) and Dalalah as Isharah
(alluded meaning). Dalalah Al Mafhum (implied
meaning) has been subdivided into Mafhum al Muwafaqah
(harmonious meaning) and Mafhum Al Mukhtalifa (divergent
meaning or meaning not in accord with the purpose of text).
Shafiis do not accept Mafhum al Mukhtalifa unless they
fulfil six conditions (see Kamali for explanation and examples). They
have also imposed restrictions in regards to Sifah
(attribute), Shart (condition) and Ghayah
(extent).
Hanafi scholars are more
opposed to Mafhum Al Mukhtalifa. They do not accept any
meaning which is not in accord with the text or its spirit. They do
not accept it at all in the case of interpretation of the Quran and
the Sunnah.
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