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

1
5Chapter Rules of Interpretation II
al-Dalalat (Textual Implications)
2
Contents of the Lesson

• What is this chapter about?
• I. The Explicit Meaning (????? ????).
• II. The Alluded Meaning (????? ????).
• III. The Inferred Meaning (????? ????).
• IV. The required Meaning (?????? ????).
• Illustrate the conflict between the alluded
  meaning and the inferred meaning.
• V. Divergent Meaning (????? ????????) and the
  Shafi Classification of al-Dalalat.

3
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.

4

• 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.

5
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.
6
 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
• ?????? ???????? ?????? ?????????? ??? ???????????
  ??????????? ??? ????? ?????? ???? ??????????
  ??????? ????????? ????????? ?????? ????????
  ?????? ?????????? ??????????? ???? ??? ????????
  ????????????? ?????? ??????? ?????? ????????? (3)

7
 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 (??? ????) on its own and is
  in no need of corroborative evidence

8
II. The Alluded Meaning (????? ????)

• 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
  fathers duty to provide them with maintenance
  and clothing according to custom ???????
  ???????????? ???? ??????????? ???????????????
  ?????????????? (al-Baqarah, 2233).
• 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 ??' (his) that only the father and
  no-one else bears this obligation

9

• 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 ??? ??????? ?????????? ???? ???????????
  ?????????? ??? ???? ????????????? ????
  ?????????? ??????? ?????????
  (al-Baqarah, 2236).
  
• The alluded meaning here is the legality of
  concluding a contract of marriage without the
  assignment of a dower (?????).

10
III. The Inferred Meaning (????? ????)

• 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 ????? ?????? ???????
  ????? ????? ?????????????
• (al-Isra 1723)
• The inferred meaning of this text is that all
  forms of abusive words and acts are forbidden. 

11
IV. The required Meaning (?????? ????)

• 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, 423).
• 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 ?????? 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
  Shafiis have read the former meaning into this
  hadith.

12
To Summaries ,
13

• 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-nass and the isharah
  al-nass, the former prevails over the latter.
• This may be illustrated by the Quranic ayat
  concerning the punishment of murder retaliation
  is prescribed for you in cases of murder
  (al-Baqarah, 2178).
• ?????? ?????????? ?????????? ??? ??????????
  
• Whoever deliberately kills a believer, his
  punishment will be permanent hellfire
• ?????? ???????? ????????? ????????????
  ??????????? ????????? ???????? ??????
  
• (al-Nisa, 493).

14

• The explicit meaning of the first ayah provides
  that the murderer must be retaliated against
• the explicit meaning of the second ayah is that
  the murderer is punished with permanent hellfire.
  
• The alluded meaning of the second 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 the explicit meanings of
  the two texts, but only between the explicit
  meaning of the first and the alluded meaning of
  the second.

15
To Illustrate the conflict between the alluded
meaning and the inferred meaning,

• The Quranic text on the expiation of erroneous
  killing The expiation ????? of anyone who
  erroneously kills a believer is to set free a
  Muslim slave (al-Nisa, 492)
• By way of inference ????? , 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, 493).
• 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 ?????, takes priority over
  the inferred meaning that renders him liable to
  payment

16
V. Divergent Meaning (????? ????????)

• 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
  that????? ???????? is not a valid method of
  interpretation.
• However, ????? ???????? is upheld on a
  restrictive basis.

17

• 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,
  6145)
• ???? ??? ?????? ??? ??? ??????? ???????
  ?????????? ????? ??????? ?????????? ?????? ????
  ??????? ???????? ???? ????? ?????????? ????
  ?????? ????????? ????????? ?????? ???? ???????
  ??????? ???????? ??????? ???? ?????? ????????
  ?????? ????? ????? ????? ??????? ??????? ???????
  ???????
• 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 as liver 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.