Introduction to Fiqh

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Introduction toFiqh

• Part III

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Derivation of Rulings from Texts

• Levels of Textual Indication
• Methods of Derivation

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Methods of Derivation

• There are four levels ways through which a
  ruling may be derived from any Nas
• Al-Istidlal bi Ibaratin Nas
• Al-Istidlal bi Isharatin Nas
• Al-Istidlal bi dalalatin Nas
• Al-Istidlal bi Iqtidhain Nas
• Istidlal means to use as evidence / derive
  evidence or rulings from something

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1. Al-Istidlal bi Ibaratin Nas

• This means the derivation of a ruling through the
  explicit meaning of the text for which the text
  was primarily meant for.
• Ibarat un Nas is what is obviously perceptible
  from the text and also represents the principal
  theme of the text, if there are subsidiary themes
  also.
• Most of the Nusoos (legal texts) convey their
  rulings by way of Ibarah Al Nas.
• conveys a Hukm Qati (definitive ruling) on its
  own and does not require corroborative evidence.

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Examples

• Obligations of Salah, Zakah, Sawm, Hajj etc.
• Obligation of dowry to be given to wife in the
  following verse
• 44 And give the women (on marriage) their dowry
  as a gift but if they, of their own good
  pleasure, remit any part of it to you, take it
  and enjoy it with right good cheer.

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2. Al-Istidlal bi Isharatin Nas

• This means the derivation of a ruling that has
  been alluded to in the text, but not expressly
  mentioned, nor is it primarily meant.
• Isharatun Nas is the second level of textual
  indication.
• The ruling derived from it is Qati, but the
  first level will supersede it if it contradicts a
  ruling derived through the first level.

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Examples

• 2236 There is no blame on you if you divorce
  women before consummation or the fixation of
  their dowry but bestow on them (a suitable
  gift), the wealthy according to his means, and
  the poor according to his means a gift of a
  reasonable amount is due from those who wish to
  do the right thing.
• It is not clearly mentioned that marriage can be
  contracted without prior fixation of a dowry, but
  it is alluded to in the verse.
• It must be known that the dowry is obligatory
  regardless of whether it is fixed before or after
  the marriage as proven from verse 44

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Examples

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• And upon the one for whom the baby is begotten
  (the father) is their (the wives) provision and
  clothing according to what is common.
• The Ibaratun Nas of this verse is obvious from
  the translation.
• Jurists derive from the Ibaratun Nas that it is
  the husbands responsibility to provide for the
  wife.
• At the same time, the usage of the words
  al-mawlood lahoo (the one for whom the child is
  begotten) instead of al-walid or al-ab
  (father) alludes that the lineage of the child is
  linked to the father.

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3. Al-Istidlal bi Dalalatin Nas

• This means the derivation of a ruling through a
  meaning inferred in the text even though it is
  not expressly indicated in the text.
• The ruling derived from it is Qati but,
• Dalalatun Nas is at the third level of textual
  indication, thus will be superseded by the 1st
  2nd in case of contradiction.

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Examples

• 1723 And do not say oof to them
• It is inferred from this verse that not only is
  it prohibited to say oof to your parents, but
  any type of verbal or physical means of abuse is
  also prohibited.
• Order of kaffara to the Bedouin Sahabi who
  deliberately broke his fast by having sexual
  intercourse with his wife.
• It can be rightfully inferred from this order
  that it was given because he had deliberately
  broken his fast and not because of him being a
  Bedouin, therefore this ruling will apply to all
  those that deliberately break their fast by
  committing intercourse and will not be restricted
  to that Bedouin only.
• It is also inferred that if a person commits any
  other violation of fasting e.g. eating and
  drinking, the same ruling will apply.

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4. Al-Istidlal bi Iqtidhain Nas

• This means the derivation of a ruling through a
  meaning regarding which the text is silent, yet
  it is required and must be assumed to properly
  fulfill the objective.
• A ruling derived from this is Qati, but
• Is at the 4th level of textual indication, thus
  will be superseded by the first 3 in case of
  contradiction.

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Examples

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• And ask the town
• We must assume that it means Ask the people of
  the town
• 422 Prohibited upon you (for marriage) are your
  mothers, daughters, sisters
• The text does not mention that marriage to the
  above relations is prohibited, but it must be
  assumed.

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Examples

• ???? ????? ?????? ????? ? ??? ???????...
• Unlawful for you are the carcass and blood and
  pork(53)
• The text does not mention that the above are
  unlawful for consumption, but the text requires
  the missing element to be supplied in order to
  convey a complete meaning.

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Examples of Conflict

• And whoever kills a Believer intentionally,
  his recompense is Hell, to abide therein
  (forever) and the wrath and the curse of Allah
  are upon him, and a dreadful penalty is prepared
  for him. 493
• The ibarah of this text is that the punishment is
  hellfire.
• The isharah of this text is that no other
  punishment like retaliation is necessary.

• O you who believe! The law of equality in
  retaliation (qisas) is prescribed upon you in
  cases of murder the free for the free, the slave
  for the slave, the woman for the woman. But if
  any remission is made by the brother of the
  slain, then grant any reasonable demand, and
  compensate him with handsome gratitude. This is a
  concession and a Mercy from your Lord. 2178
• The ibarah of this text provides that equivalent
  retaliation must be executed.

• There is a conflict between the ibarah of the
  1st and the isharah of the 2nd
• Thus, the ibarah of the 1st will be given
  preference.

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• And whoever erroneously kills a Believer, it
  is ordained that he should free a believing
  slave, and pay compensation to the deceased's
  family, unless they remit it freely. 492
• The ibarah of this text is that expiation is
  necessary in the case of erroneous homicide.
• The dalalah (inference) of this text indicates
  that expiation should also be necessary in the
  case of intentional homicide because it is much
  more severe than the former

• And whoever kills a Believer intentionally, his
  recompense is Hell, to abide therein (forever)
  and the wrath and the curse of Allah are upon
  him, and a dreadful penalty is prepared for him.
  493
• The ibarah of this text is that the punishment is
  hellfire.
• The isharah of this text is that no other
  punishment like retaliation or expiation is
  necessary.

There is conflict between the dalalah of the 1st
text and the ishara of the 2nd text, therefore
the isharah will take priority. And it has
already been mentioned that qisas is necessary by
the ibarah of 2178