2. • 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.
3. • 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.
4. 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.
6. • Example:
– Al-Baqarah (2) : 275
• “God has permitted sale and prohibited usury”
• ( ﺍﻟﺭﺒﻰﻮﺤﺭﻡﺍﻠﺒﻳﻊﺍﻠﻟﻪﻮﺍﺤﻞ )
7. 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.
9. 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.
10. • Mafhum - understand, known,
implicit in which the word is
understood.
• Muwafaqah - agreement, conformity,
compatibility, consistent, harmony
11. • 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
12. • 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.
13. • 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
14. 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.
•
15. 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
16. • 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.
17. • 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.
18. • 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.’
19. • 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.
20. • 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
21. 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.
22. • (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.
23. • (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)
24. – “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.”
25. • 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.
26. •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.
27. • (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.
28. – 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.
29. • (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)
30. – 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.
31. • (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.
32. – 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)
33. • 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)
34. Mafhum al-Siffah
• The ruling of the text depends on
the fulfillment of a quality or
attribute.
• Example:
– Al-Nisa, 4:23
– “ … ﺍﺼﻼﺑﮑﻡﻣﻥﺍﻠﻠﺫﻳﻥﺍﺑﻨﺍﺋﮑﻡﻮﺣﻸﺋﻝ…ﻋﻠﻳﮑﻡﺣﺭﻤﺖ
– “prohibited to you…the wives of your sons
proceeding from your loins”
35. • 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.
36. 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
• ﺤﻤﻠﻬﻥﻳﻀﻌﻦﺤﺘﻰﻋﻟﻳﻬﻦﻓﺎﻨﻓﻘﻮﺍﺣﻣﻝﺍﻮﻻﺕﻛﻥﻮﺍﻥ
• If they are pregnant, then provide them with
maintenance until they deliver a child.
37. • 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.
38. • By way of mafhum al-mukhalafah,
the divorced women, who is divorced
by triple talaq is not entitled to
maintenance.
39. 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.
40. • Example:
– Al-Baqarah : 187
• ﺍﻸﺼﻭﺪﺍﻠﺧﻳﻂﻣﻦﺍﻸﺒﻳﺾﺍﻠﺧﻳﻂﻠﻜﻢﻳﺘﺒﻳﻦﺤﺘﻰﻭﺍﺸﺮﺒﻭﺍﻜﻠﻭﺍﻭ
• “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.
•
41. 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.
42. • 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.
44. 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)
45. 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.
46. 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.
47. • 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…”
48. – 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
49. • 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.
50. • The value of the explicit meaning
– Ibarah al-nas or explicit meaning is definitive
and the legal adherence is compulsory or
obligatory.
51. 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.
52. 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.
53. • 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
54.
55. – 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.
56. 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)
57. • 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
58. 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.
59. 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.
60. • 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.
61. – 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.
