5Chapter Rules of Interpretation II: al- Dalalat (Textual Implications)

5Chapter Rules of Interpretation II:al-Dalalat(Textual Implications)

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 (دلالة النص). • IV. The required Meaning (اقتضاء النص). • Illustrate the conflict between the alluded meaning and the inferred meaning. • V. Divergent Meaning (مفهوم المخالفة) and 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’ • وَإِنْ خِفْتُمْ أَلَّا تُقْسِطُوا فِي الْيَتَامَى فَانْكِحُوا مَا طَابَ لَكُمْ مِنَ النِّسَاءِ مَثْنَى وَثُلَاثَ وَرُبَاعَ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا فَوَاحِدَةً أَوْ مَا مَلَكَتْ أَيْمَانُكُمْ ذَلِكَ أَدْنَى أَلَّا تَعُولُوا (3)

I. The Explicit Meaning (Ibarah al-Nass) • At least three or four meanings are distinguishable in this text: • Legality of marriage • Limiting polygamy to the maximum of four • Remaining monogamous if polygamy may be feared to lead to injustice • 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 قطعى) on its own and is in no need of corroborative evidence;

II. The Alluded Meaning (اشارة النص) • 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’ وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ (al-Baqarah, 2:233). • 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 ‘له' (his) 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 ’ لَا جُنَاحَ عَلَيْكُمْ إِنْ طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فَرِيضَةً(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 (دلالة 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’ فَلَا تَقُلْ لَهُمَا أُفٍّ وَلَا تَنْهَرْهُمَا • (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 [لاصيام] for 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.

To Summaries ,

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-nassand the isharah al-nass, the former prevails over the latter. This may be illustrated by the Quranicayat concerning the punishment of murder: ‘retaliation is prescribed for you in cases of murder’ (al-Baqarah, 2:178). كُتِبَ عَلَيْكُمُ الْقِصَاصُ فِي الْقَتْلَى ’Whoever deliberately kills a believer, his punishment will be permanent hellfire’ وَمَنْ يَقْتُلْ مُؤْمِنًا مُتَعَمِّدًا فَجَزَاؤُهُ جَهَنَّمُ خَالِدًا فِيهَا (al-Nisa, 4:93).

The explicitmeaning of the first ayah provides that the murderer must be retaliated against; • the explicit meaning ofthe second ayah is that the murderer is punished with permanent hellfire. • The alluded meaning of thesecond 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 theexplicit meanings of the two texts, but only between the explicit meaning of the first and the alludedmeaning 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 [كفارة] of anyone who erroneously kills a believer is to set free a Muslim slave’ (al-Nisa, 4:92) • By way of inferenceدلالة, 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’ (al-Nisa, 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 (مفهوم المخالفة) • 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 thatمفهوم المخالفة is not a valid method of interpretation. • However, مفهوم المخالفة is 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) قُلْ لَا أَجِدُ فِي مَا أُوحِيَ إِلَيَّ مُحَرَّمًا عَلَى طَاعِمٍ يَطْعَمُهُ إِلَّا أَنْ يَكُونَ مَيْتَةً أَوْ دَمًا مَسْفُوحًا أَوْ لَحْمَ خِنْزِيرٍ فَإِنَّهُ رِجْسٌ أَوْ فِسْقًا أُهِلَّ لِغَيْرِ اللَّهِ بِهِ فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلَا عَادٍ فَإِنَّ رَبَّكَ غَفُورٌ رَحِيمٌ • 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 asliver 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.

5Chapter Rules of Interpretation II: al- Dalalat (Textual Implications)