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Implications)
According to Shafie 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.
Division of al-Dalalat
Shafie 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 text
Two types:
Al-Iqtida (required meaning)
Al-Isyarah (alluded meaning)
Example:
Al-Baqarah (2) : 275
God has permitted sale and prohibited usury
( )
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.
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.
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.
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-Shafie
defines
Mafhum alMukhalafah as an implicit meaning
which indicates that the ruling of the
unpronounced is opposite to the
ruling of the pronounced.
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.
the
the
the
the
Mafhum al-Siffah
The ruling of the text depends on
the fulfillment of a quality or
attribute.
Example:
Al-Nisa, 4:23
prohibited to youthe wives of your sons
proceeding from your loins
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
If they are pregnant, then provide them
maintenance until they deliver a child.
with
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.
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
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.
Al-Dalalat (Textual
Implications)
- Hanafi school of law
CLASSIFICATION OF ALDALALAT
The
The
The
The
Definition of al-Nass
Literally- explicit,
manifest,declared.
Also refer to authors original text
Technical meaning:
Text of the Quran or hadith of the Prophet
Muhammad which is adduced as justification
for a legal ruling.
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
Examples:
Al-Baqarah : 233
It is his [fathers] duty to provide them with
maintenance and clothing according to custom
The explicit meaning of this text obviously
determines that it is the fathers duty to support
his child
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
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.
References
THE
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