Al-Dalalat (Textual

Implications)According to Shafi’e jurists

• The law normally requires compliance with the obvious and implied meaning of its text.

• The basic rule is that a legal text never implies its opposite meaning.

• Any interpretation which aims at reading a divergent meaning into a given text is unwarranted and untenable.

• If a legal text is to impart a divergent meaning, then there need to be a separate text either from the Quran or the Sunnah to validate it.

Division of al-Dalalat

• Shafi’e jurists divide al-dalalat into:• (i) Dalalah al-Mantuq (pronounced

meaning)• (ii)Dalalah al-Mafhum (implied

meaning)• Both meanings are derived from the

words and sentences of the text.

Dalalah al-Mantuq

Dalalah al-Mantuq is derived from the obvious textTwo types:

Al-Iqtida’ (required meaning)Al-Isyarah (alluded meaning)

• Example:– Al-Baqarah (2) : 275

• “God has permitted sale and prohibited usury”

• واحل الله البيع وحرم الربى ) )

Dalalah al-Mafhum• Dalalah al-Mafhum is an implied

meaning which is not indicated in the text but is arrived at by way of inference.

• Accepted by majority of muslim jurists as a way of reaching legal ruling.

• Dalalah al-Mafhum is divided into:

• Dalalah al-Mafhum al-Muwafaqah (Harmonious meaning)

• Dalalah al-Mafhum al-Mukhalafah (Divergent meaning)

Mafhum al-Muwafaqah

• It is an implicit meaning on which the text maybe silent but is nevertheless in harmony with its pronounced meaning.

• Mafhum al-Muwafaqah may be equivalent to dalalah al-Mantuq or may be superior to it.

• Mafhum - understand, known, implicit in which the word is understood.

• Muwafaqah - agreement, conformity, compatibility, consistent, harmony

• When mafhum al-Muwafaqah is equivalent to dalalah Mantuq it is known as lahn al-khitab (parallel meaning) and if superior it is called fahwa al-khitab

• Examples:• Al-Nisa’ (4) : 10• The ruling in this ayah is to forbid

‘devouring the property of orphans’. The ruling extends to ‘other forms of mismanagement and waste’ because there is a parallel meaning between the two. This is LAHN AL-KHITAB.

• Al- Isra’ (17) : 23 • Allah forbids the utterance of ‘uff’

that is the slightest word of contempt to parents. This ruling extends to physical abuse of one’s parents since its meaning carries superior meaning to the dalalah al-mantuq of the text. This is FAHWA AL-KHITAB

The value of MafMuw

• Adherence to it and the implementation of its meaning is strictly obligatory

• Unanimously agreed by Muslim jurists that mafhum al-muwafawah is a legal proof (hujjah) that must be adhered to.

•

Mafhum al-Mukhalafah

• It is a meaning which is derived from the words of the text in such a way that it diverges from the explicit meaning.

• Mukhalafah = opposite or divergent or different or inconsistent or contradictory

• Al-Shafi’e defines Mafhum al-Mukhalafah as an implicit meaning which indicates that the ruling of the unpronounced is opposite to the ruling of the pronounced.

• Mafhum al-Mukhalafah may either be in harmony or in disharmony with dalalah al-Mantuq.

• If Mafhum al-Mukhalafah is in harmony with dalalah al-Mantuq then it is accepted as valid form of interpretation.

• Otherwise it is rejected.

• Example of Mafhum Mukhalafah which is in harmony with pronounced meaning: – Hadith – ‘When the water reaches the level of

qullatayn (قلتين) [approximately 2 feet] it does not carry dirt.’

• The pronounced or the explicit meaning of the text is that when an impure substance falls in water of such depth, it is still regarded to be clean for purpose of ablution.

• By way of mafhum al-mukhalafah, it is understood that water below this level is capable of retaining the dirt. This is an interpretation which is in harmony with the pronounced meaning of the hadith.

• Thus not clean for ablution

Conditions for Mafhum Mukhalafah to be valid

• (1) the divergent meaning does not exceed the scope of the pronounced meaning– Eg: saying ‘uff’ to one’s parents may not

be given a divergent meaning so as to make physical abuse of them permissible.

• (2) the divergent meaning has not been left out in the first place for a reason such as fear or ignorance.

• E.g. If a man orders his servant, “distribute the charity among Muslims” but he had actually intended the people in need whether Muslims or non-Muslims, and yet he omitted to mention the latter for fear of being accused of disunity by his fellow Muslims.

• In this case, if there is evidence to the existence of a fear, then no divergent meaning should be deduced.

• (3) the divergent meaning does not go against that which is dominant and customary in favour of something which is infrequent and rare.

• E.g. surah al-Nisa’ (4:23)

– “and forbidden to you are… your step daughters, who live with you, born of your wives to whom you have consummated the marriage, but there is no prohibition if you have not consummated the marriage.”

• The explicit meaning of the text pointed out that marriage to a step daughter who is under the guardianship of the step father is forbidden. By way of mafhum mukhalafah, we may say that if the step daughter does not live with the step father, the marriage between them is allowed.

•But this is not the right interpretation, the most important thing is that once the marriage is consummated, the marriage between the step father and his step daughter is forbidden.

• (4) the original text is not formulated in response to a particular question or event.– Eg: the Prophet was asked if the free

grazing livestock was liable to zakah. The Prophet answered ‘yes’.

– But the answer does not imply that the stall-fed livestock is not liable to zakah.

– The answer was as a response to a question which specified the free-grazing livestock and not in order to exempt the stall-fed from zakah.

• (5) the divergent meaning does not depart from the reality or the particular states of affairs which the text is known to have envisaged.– Eg: “Let not the believers befriend the

unbelievers to the exclusion of their fellow believers” (Ali- Imran, 3:28)

– This text apparently forbids friendship with the non-believers, but in fact this Quranic evidence was revealed in reference to the special case, and it does not mean to impose a ban on friendship with the unbelievers.• Reason of revelation: a group of jews had

successfully influenced some Ansar (people of madinah) to renounce Islam (murtad). Thus they were reminded by some companions not to associate themselves with the jews but they refused. Then Allah reveals the verse.

• (6) the divergent meaning does not lead to a conclusion that would oppose another textual ruling.– Eg: al-Baqarah (2) : 178

• “ Retaliation is prescribed for you in cases of murder: the free for the free man, the slave for the slave, the woman for the woman…”– By way of mafhum mukhalafah, a man who killed a

woman will not be punished with qisas punishment.

–However, this interpretation violates the explicit ruling of another Quranic text which requires retaliation for all intentional homicide on the broadest possible basis without looking at the differences of gender. (Life for life which is mentioned in surah al-Maidah, 5:45)

• Mafhum Mukhalafah is further divided into:– Mafhum Mukhalafah al-Siffah (Implication

of the attribute)– Mafhum Mukhalafah al-Shart (Implication of

the condition) – Mafhum Mukhalafah al-Ghayah (Implication

of the extent)– Mafhum Mukhalafah al-’adad (Implication

of the stated number)

Mafhum al-Siffah• The ruling of the text depends on

the fulfillment of a quality or attribute.

• Example:– Al-Nisa, 4:23– … وحألئل ابنائکم اللذين من اصالبکم … “ عليکم

حرمت– “prohibited to you…the wives of your sons

proceeding from your loins”

• The pronounced meaning of this text is the prohibition of the wife of one’s own son in marriage. The attribute connected to the ruling is by the phrase ‘min aslabikum’.

• By way of Mafhum Mukhalafah it is concluded from this qualification that the wife of an adopted son, or a son by fosterage is not prohibited.

Mafhum al-Shart• The ruling of the text is contingent

on a condition.• If the condition is present then the

rule applies.• Example:

– Al-Talaq : 6• وان كن اوالت حمل فانفقوا عليهن حتى يضعن حملهن • If they are pregnant, then provide them with

maintenance until they deliver a child.

• The verse provides for the entitlement of a divorced women who are observing their waiting period.

• The condition here is pregnancy and the hukm is not applied in the absence of the condition.

• By way of mafhum al-mukhalafah, the divorced women, who is divorced by triple talaq is not entitled to maintenance.

Mafhum al-Ghayah• When the text itself demarcates

the extend or scope of the operation of its ruling, the latter will obtain only within the scope of the stated limits and will lapse when the limit is surpassed.

• Example:– Al-Baqarah : 187

• حتى يتبين لكم الخيط األبيض من الخيط األصود و كلوا واشربوا

• “Eat and drink until you see the white streak (of dawn in the horizon) distinctly from the black.’

• By way of mafhum al-mukhalafah, it is concluded that when whiteness appear in the horizon, one may neither eat nor drink.

•

Mafhum al-’adad• When the ruling of the text is

conveyed in terms of a specified number, the number so stated must be carefully observed.

• Example: al-Nur : 2– One hundred lashes for those

committing adultery.

• By way of Mafhum mukhalafah this text is taken to mean that it is not permissible either to increase or decrease the stated number of lashes.

Al-Dalalat (Textual

Implications)- Hanafi school of law

CLASSIFICATION OF AL-DALALAT

• There are 4 types of al-Dalalat– The explicit meaning (‘Ibarah al-Nass)– The alluded meaning (Isharah al-Nass)– The inferred meaning (Dalalah al-Nass)– The required meaning (Iqtida’ al-Nass)

Definition of al-Nass• Literally- explicit,

manifest,declared.• Also refer to author’s original

text• Technical meaning:

– Text of the Quran or hadith of the Prophet Muhammad which is adduced as justification for a legal ruling.

Explicit Meaning - Ibarah al-Nass

• It is the immediate meaning of the text derived from its obvious words and sentences.

• The meaning is apparent.• It would represent the principal

theme and subsidiary theme.

• Examples:– Al-Nisa’ : 3

• “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…”

– There are four different meanings from this verse. • The legality of marriage particularly

polygamy• Limiting polygamy to four wives• Remaining monogamous for those who fear

cannot do justice to the wives.• The requirement that orphaned girls must

be accorded fair treatment

• The first and the last meaning are subsidiary and the second and third carry primary theme.

• The second and third meanings are the ibarah al-nass.

– Limiting polygamy to the maximum of four is the explicit meaning which takes absolute priority over all the implied and incidental meanings.

• The value of the explicit meaning– Ibarah al-nas or explicit meaning is

definitive and the legal adherence is compulsory or obligatory.

Alluded Meaning - Isharah al-Nass

• Isharah means gesture, sign, symbol, hint, indication

• The alluded meaning may be easily detectable in the text, or may be reached through deeper investigation and ijtihad.

Nature of Isharah al-Nass

• The intended ruling is not apparent, but need an inference which accompanies the meaning.

• The alluded meaning sometimes easy to detect, but sometimes need further investigation

• This would represents the principal theme and purpose of the text.

• Examples:– Al-Baqarah : 233

• “It is his [father’s] duty to provide them with maintenance and clothing according to custom”

• The explicit meaning of this text obviously determines that it is the father’s duty to support his child

– It is understood from the use of the pronoun ‘lahu’ that only the father and no one else bears this obligation

– Ali Imran : 159• “So pardon them [the companions] and ask for

[God’s} forgiveness for them and consult them in affairs.”

• Ibarah al-nass in this text requires that community affairs must be conducted through consultation.

• The Isharah al-nass in this text requires the creation of a consultative body in the community to facilitate the consultation.

Inferred Meaning – Dalalah al-Nass

• The explicit meaning and the alluded meaning, are both indicated through words and signs in the text.

• The inferred meaning is, however, not indicated in legal text but is derived by applying analogy (qiyas) and the identification of the effective cause of the ruling (‘illah al-hukm)

• Examples:– Al-Isra’ : 23 “Say not uff to them…”

• It forbids the utterance of the slightest word of contempt to the parents

– The effective cause of prohibition is honouring the parents and avoiding offence to them.

– The inferred meaning of this text is that all forms of abusive words and acts which offend the parents are forbidden even if they are not specifically mentioned in the text

Value of Dalalah al-Nass

• A ruling is valid if both instances have a common cause.

• The common meaning between the pronounced and what is not known is certainty.

Required Meaning – Iqtida’ al-Nass

• This is a meaning on which the text itself is silent and yet which must be read into it if it is to fulfil its proper objective.– Iqtida’ al-Nass is not indicated in the text

but by the requirement that a meaning be presumed in order to make the text truthful or valid in Islam. Need to read and look at the whole context of the Quranic evidence or hadith.

• Examples:– Al-Nisa’ : 22 “unlawful to you are your

mothers and your daughters…”• This text does not mention the word

‘marriage’ but even so it must be read into the text to complete its meaning.

– Al-Maidah : 3 “Unlawful to you are the dead carcass and blood…”• The text does not mention that these are

unlawful for consumption but the text requires the missing element to be supplied in order that it may convey a complete meaning.

References

THE END