Simplified Principles of Fiqh

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Aasaan Usool-e-Fiqh
Simplified Principles
of
Fiqh
By: Moulana Muhammad Mahyudeen
Translation Edited by
Mufti Afzal Hoosen Elias
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Simplified Principles of Fiqh
Contents
P R E F A C E ................................................................................................. 6
FOREWORD................................................................................................. 7
The importance and necessity of Usool-e-Fiqh ...................................................... 7
The Definition of Usool-e-Fiqh ........................................................................ 8
Example .................................................................................................. 8
Subject Matter........................................................................................... 9
Objective and Aim ...................................................................................... 9
Usool-e-Shar’i (The Principles of the Shariah) ...................................................... 9
PART ONE: Discussion on Kitaabullah ................................................................ 10
Chapter one ............................................................................................ 10
Definition ........................................................................................... 10
Tawaatur ............................................................................................ 10
S E C T I O N 1 : T h e dis tr ibu ti o n of Le tte rs .......................................... 11
T H E T Y P E S O F L E T T E R S .................................................................. 12
CHAPTER TWO: First type: ............................................................................ 12
Benefit .............................................................................................. 13
T Y P E S O F K H A A S ......................................................................... 14
Second part: The discussion on the ruling of Khaas ............................................ 15
The establishment of Shariah laws by the Khaas word ........................ 17
C H A P T E R T H R E E : T H E D I S C U S S I O N O N A M R .................................... 18
D e f i n i t i o n ......................................................................................... 18
T he de mand of A m r ........................................................................... 19
THE M E A N I N G S OF A M R ................................................................. 19
The condition of the ruling of A m r .............................................................. 22
The condition regarding the compliance to A m r ............................................... 27
Unspecified (insofar as time) acts of Ibaadaat .................................................... 28
The ruling regarding the Ibaadaat whose time of compliance is unspecified ................. 29
Specified acts of Ibaadaat ............................................................................ 29
CHAPTER FOUR: The Ruling Regarding the Ma`moor B e h e (act which is ordered)....... 33
T he types of Qadha ............................................................................ 35
Examples of Huqooqul I`baad ................................................................. 37
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The quality of the ordered act ...................................................................... 40
The types of Ma`moor Behe ..................................................................... 41
Hasan Li-Ghairihi .............................................................................. 43
The second type of Hasan Li-Ghairihi ................................................. 44
CHAPTER FIVE: DISCUSSION ON N A H Y .......................................................... 46
Definition .............................................................................................. 46
The compliance of Nahy ............................................................................ 46
The types of prohibitions ............................................................................. 46
CHAPTER SIX: The ruling of Nahy: .................................................................... 48
CH APTE R SE VEN: D ISCUS SION O N ÀAM ............................................ 50
De fi ni ti on of À am ............................................................................ 50
CHAPTER EIGHT: The Ruling of Àam ............................................................. 53
Example of Takhsees .............................................................................. 54
The limit of Takhsees in Àam .................................................................. 57
CHAPTER NINE: THE DISCUSSION ON MUSHTARAK............................................ 58
The Ruling of Mushtarak ..................................................................... 59
CHAPTER TEN: THE DISCUSSION ON MUAWWAL ............................................. 60
SECTION THREE: THE SECOND TYPE IN THE DISTRIBUTION OF LETTERS ................. 61
Part One ............................................................................................... 63
An example of a conflict between nass and mufassar ....................................... 64
Part two ................................................................................................ 66
The opposite of Mufassir is Mujmal. ................................................... 69
SECTION FOUR: THE THIRD TYPE IN THE DISTRIBUTION OF LETTERS (i.e. The method of
usage of the letters) ...................................................................................... 71
PART ONE: THE DISCUSSION ON HAQEEQAT ................................................. 72
The ruling of haqeeqat ............................................................................ 72
A n example of haqeeqi muta àzzirah .................................................. 74
An example of haqeeqat mahjoora ....................................................... 75
PART TWO: The discussion on the context of leaving out the haqeeqat ...................... 76
PART THREE: THE DISCUSSION ON MAJAAZ .................................................... 80
The discussion on Itiàara ................................................................... 85
PART FOUR: The Ruling of majaaz ................................................................. 86
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P A R T F I V E : T H E D I S C U S S I O N O N SAREEH A N D KINAAYAH ............. 88
CHAPTER FIVE: THE FIFTH TYPE IN THE DISTRIBUTION OF LETTERS ....................... 89
PART TWO: THE DISCUSSION ON SUNNAT......................................................... 94
The Definition of Sunnat ............................................................................. 94
CHAPTER ONE ........................................................................................... 94
PART ONE: The classification of Sunnat ........................................................... 94
Mutawaatir ..................................................................................... 95
The ruling of Mutawaatir .................................................................... 96
Mash-hoor ...................................................................................... 96
Khabar Waahid .............................................................................. 97
PART TWO ............................................................................................ 97
First stage .......................................................................................... 97
Second stage ....................................................................................... 98
Third stage ........................................................................................ 98
THIRD PART: THE CONDITIONS OF THE NARRATORS .................................. 98
Intelligence ......................................................................................... 98
Zabt (Comprehension / memory) ............................................................. 99
Àdalat ............................................................................................. 99
CHAPTER TWO:........................................................................................ 100
SECOND TYPE: The Discussion on Inqitaa` ................................................... 100
Inqitaa `-e-Zaahiri ............................................................................. 100
T w o types of Inqitaa` Baatini ............................................................ 101
CHAPTER THREE ...................................................................................... 102
THIRD TYPE OF SUNNAT: The discussion regarding the proof of a Khabar waahid 102
T H I R D P A R T : T H I R D B AS I S O F S H A R I A H – IJMA` ............................ 103
Ijma `-e-Qowli ....................................................................................... 103
Ijma `-e-Fa `li ........................................................................................ 103
Ijma `-e-Sukooti ..................................................................................... 103
FOURTH PART: THE FOURTH BASIS OF THE SHARIAH ........................................ 104
The Discussion on Qiyaas ........................................................................ 104
The definition of Qiyaas according to the Shariah ............................................ 105
PART ONE: The condition for a Sharì Qiyaas ................................................ 107
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PART T WO : The F und ame nt als of Qiyaas ........................................ 110
PART THREE: ISTIHSAAN ..................................................................... 112
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PREFACE
All praise is due only to Allaah,. We laud Him and beseech His aid
and beg forgiveness only from Him andbelieve in Him and rely solely
on Him. We seek salvation in Him from the evils of our inner selves
and the vices of our actions. There is none to misguide one whom
Allaah, intends to guide. I bear witness that there is no one worthy of
worship but Allaah ,, the One who has no partner. I also testify that
Hadhrat Muhammad  is the faithful servant and the Last Rasul of
Allaah ,. May Allaah , mercy be on him, his family and his
Sahabaah  and may He bless them and raise their status.
The Loﬅy Quraan is the divinely protected revelation of Allaah,
whilst the Sunnat are the protected revelation to Rasulullaah . Both
these are the primary sources of derivation in Shariat, followed by Ijma
and Qiyas as secondary sources. These four sources enables a Muslim
to be amongst the Ahle Sunnah Wal Jama’ah. Obviously the Sunnan
comprises of the Ahadeeth and the way of life of the Beloved Nabi . It
also includes the Sunnat of the Sahaba  and the validated activities
of the Tabe’een and Tabe- Tabe’een who had the qualities of Ihsaan.
However, it is well known that letters make up words, words are used
to construct sentences. The science of principles of Fiqh
(jurisprudence) entails details to the minutest specification the
classification of letters, words and sentences
The work in your hands is not for cursory reading but study, teaching
and learning. It will Insha Allaah, become a standard text book for
those who desire to understand Deen.
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We make Duaa that Allaah, rewards all those who made possible the
release of this important work on Islaam.
A.H.Elias (Mufti)
1426 / 2006
FOREWORD
The importance and necessity of Usool-e-Fiqh

For the guidance of mankind, Allaah, had revealed His
Incomparable Speech upon The Chief of all Ambiyaa, Hadhrat
Muhammad , and we are bound to practise thereupon until The Day
of Qiyaamah. The explanation and exegesis of the Quràan Majeed was
made clear to us via the statements and actions of our Master, Nabi .
The entire life of our Nabi  is a living example of the (import of the)
Quràan Majeed. The collective term for the statements and actions of
Nabi  is ‘Hadith’ or ‘Sunnat’. The Speech of Allaah, comprises
innumerable (types of) knowledge and content and the speech of Nabi
 is also concise and encompassing.
However many voluntary actions there exist of man, there is some or
the other instruction or ruling, existing for those actions from
Allaah,. That is, either the action of man is Halaal, Haraam,
Makrooh or permissible. Similarly is Fardh and Waajib. All actions are
either worthy of reward or liable for punishment or retribution. The
rulings for all these are present in the Speech of Allaah, or in the
Ahaadith of Nabi . However, we are only able to decipher or
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understand what Aayat or Hadith applies to which action, if we have a
proper and in-depth knowledge of Usool-e-Fiqh (the Principles of
Jurisprudence).
One should understand that Usool-e-Fiqh is in reality the Usool of
Deen. The foundations of the proper Deen lies in this knowledge (and
the understanding of it).
The Definition of Usool-e-Fiqh

The knowledge of Usool-e-Fiqh lies in knowing those rules whereby the
detailed proofs of every action of a Mukallif can be found in the Laws
of the Shariah. (A Mukallif is that person upon whom the Laws and
duties of the Shariah are binding).
Example
With regard to the five daily Salaat, Allaah, states in the Quràan
Majeed: ‘Aqeemus Salaah’ (‘Establish Salaat’). One will only
understand the import of this statement and realise its Shar’i legality
when one knows that the word ‘Aqeemu’ is an Amr (command) in
Arabic grammar. And then one has to know what Shar’i ruling exists
with regard to a command. In the (understanding of) Usool-e-Fiqh, the
letters which comprise the Aayaat and Ahaadith are subject to such
scrutiny, where their reality and conditions come under the spotlight.
The result of this is that Shar’i rulings and Ahkaam are extracted by
the in-depth study and understanding of the Quràan Majeed and
Ahaadith.
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Subject Matter
The subject matter of every type of knowledge is the discussion of the
conditions of the constituents which exist in that knowledge. So for
example, in the study of medicine, the subject matter would be the
body (of man and animal), because the conditions of the body are
discussed and analysed in the study of medicine.
Therefore, the subject matter in Usoo-e-Fiqh is the Speech of Allaah,
(Quràan Majeed), the speech of Nabi  and the rulings of the
Shariah. The conditions and realities of these are discussed in the
knowledge of Usool-e-Fiqh.
Objective and Aim

To know the detailed proofs for the rulings of the Shariah, whereby a
deeper insight and certainty is achieved. Success in both the worlds is
also acquired by the study of this knowledge (and all subjects of Deen).
Usool-e-Shar’i (The Principles of the Shariah)

The proofs of the Shariah are four: Kitaabullah (those Aayaat which
pertain to various rulings), Sunnat-e-Rasool , Ijmaa-e-Ummat and
Qiyaas. First and foremost, let us discuss Kitaabullah.
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PART ONE: Discussion on Kitaabullah
Chapter one
With regard to the proofs of the Shariah, the first stage is Kitaabullah.
Definition
Kitaabullah is the Quràan Majeed, which was revealed to The Chief of
all the Ambiyaa, Muhammad Rasulullaah . This was done through
the medium of Hadhrat Jibraeel (alaihi salaam). This has reached us
directly, without any doubt, by tawaatur, through the pure tongue of
Rasulullaah .
Tawaatur
The meaning of tawaatur is that, in the chain of narrators of the
Quràan Majeed, right from the era of Rasulullaah until this day,
there are so many, that there is complete unanimity on the chain of
narrations. It is also impossible to lay any claim of falsehood on them
all. This is that Quràan Majeed which exists in the Masaahif (Divine
Scriptures).
If there exists such an Aayat whose ruling is abrogated, but it exists in
the Scripture, then this Aayat is (part of the) Quràan Majeed. For
example, “And those of you who die and leave behind wives
should bequeath for their wives a year’s maintenance and
residence without turning them out…” (Surah Baqarah, Aayat 241)
If, on the other hand, an Aayat upon which a ruling is placed and is
practiced upon, but it is not mentioned in the Scripture, then such an
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Aayat is not (regarded as) Quràan Majeed. For example, if a married
man and woman fornicate, then they are to be stoned to death.
However, this (ruling) is not mentioned in the Scripture.
If in an Aayat which is Mutawaatir, there exists some additions or
changes, which are not transmitted by tawaatur (continuous
unbroken chain of narrators), but these (changes/additions) exist only
in some narrations, then such changes and additions are not Quràan
Majeed.
Such narrations have been transmitted by Hadhrat Ubai Bin Ka’ab
and Abdullah ibn Mas’ood .
SECTION 1: The distribution of Letters

The Quràan Majeed is in reality the combination of letters and
meanings. The mere recitation of the meanings of the Quràan Majeed
does not warrant any reward, nor will Salaat be valid. In reality, the
meanings of the Quràan Majeed are understood through (the
medium of) the words/letters
The connection of the letters to the meanings are done through various
ways. It is said that the letters are placed there for the meanings. It is
these very letters which are used to understand the meanings. The
letters demonstrate the meanings with clarity, etc. It is for this reason
that the letters are connected to the meanings, which give rise to the
letters being classified into various categories. These categories are
further sub-divided, and each one of these are titled. Therefore, the
letters of the Quràan Majeed are also given various different
tiles/names.
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THE TYPES OF LETTERS
Letters are firstly divided into four types
1. The first type: Those letters (which) are used for a specific
(definitive) meaning. This refers to such letters which are used
for a specific meaning. The connection between the letter and the
meaning is so close that whenever the letter is mentioned the
(specific intended) meaning is immediately understood. For
example, the word Zaid, which is used to denote a specific person,
so when the name Zaid is used immediately that person comes to
mind.
2. The second type: Those letters where their meanings ar clear
(Zaahir) or hidden (Makhfi).
3. The third type: A word is used to denote some or the other
meaning.
4. The fourth type: The word is used to establish a specific ruling.
CHAPTER TWO: First type:

The first type of words are those for whom a specific meaning applies.
This is done is various ways. Hence this first type is divided into four:
Khaas, Aam, Mushtarak and Muawwal.
1. Khaas: If a word is used to denote one specific meaning then it
is called Khaas. Either it denotes one being, like Zaid, which is
used to denote one single person; or it denotes one class, like
men, women or horses; or one species, like humans or
animals.
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Benefit
In Usool-e-Fiqh, words which are used to specify a particular species
are termed, Nou’. For example, man is one Nou’. Man (male) is
such (a species) that he can become a ruler, and only man has the
right to Nubuwwat, Imaamat and being a witness to (cases involving)
Hadd and Qisaas. Women (female) is another type of Nou’. She is to
be a subject (ruled). This is so because she bears the children and is
responsible for household duties. The objective (duties and
responsibilities) of both (man and woman) are different.
Horses are also one Nou’, regardless of male and female, because the
objectives (uses) of both are the same, i.e. to draw carts, etc. Those
words which are used to denote such individuals whose objectives
differ are termed Jins. For example, the word Insaan (mankind)
include both, men and women, and the term Hayawaan (animals)
includes Insaan, horses, cattle, etc.
The summary is that the Khaas word is not used to denote an
individual, rather it is used to denote generality. For example, the
sentence: “Insaan came” would denote the arrival of a Hayawaan
Naatiq (such an animal that speaks). Whether one person came or
fifty persons came, this same sentence would hold true in both cases.
Similarly, the sentence, “Hayawaan came”, would hold true for the
arrival of one goat, ten cattl or five people. In the same way, the
sentence, “man came”, can be used for the arrival of one man or many
men. The reason for this is that Khaas does not refer to any one
particular individual. Even if fiﬅy men arrived, this sentence would be
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correct, because each one of those men falls under the description of
being a man.
Masàlah: If a particular word is used to denote a plurality of
something, but at the same time this amount is limited/restricted,
then also such a word would fall under the category of Khaas. For
example, numbers like two, three, hundred, etc. The reason being that
these words represent a certain amount.
TYPES OF KHAAS
Khaasul Fard: This is that singular word which denotes one single
being, for example, Zaid (name of a particular person). This is called
Khaasul Fard.
Khaasun Nou’: This is that singular word which is used to denote a
plurality of individuals, like ‘man’.
Khaasul Jins: This is that singular word which is used to denote a
species, like mankind, animals, etc.
2. AAM: Aam is such a word which is used once, to denote a
multitude of the same species, whose quantity is
unlimited/unspecified. For example, “the men”, “the Muslims”,
etc. In A a m, the individuals are the objectives (under
discussion/scrutiny). If any ruling pertains to: “the men” or
“the Muslims”, then it applies to every individual man or
Muslim.
If a word is singular in form, but it denotes plurality, then too, it is
categorised as A a m. For example, the words, ‘man’ (which refers to
any intelligent being), ‘maa’ (which refers to unintelligent objects),
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‘Al-Qowm’ (nation), ‘Raht’ (group), etc.
3. MUSHTARAK: This is where one word was, from the initial
stages, used to specify and indicate various different
connotations. For example, the word, ‘ain (‫) ﻋﻳﻥ‬, is used to
mean sun, knee, gold, spring (of water), eye, etc. However, all
the designated meanings do not refer to one and the same
thing, they have different connotations. This is why its use will
be in accordance to its specified context.
Note: The word ‘Salaat’, means dua and namaaz, however, this word
is not Mushtarak, because in the first instance this word was only
meant to denote dua, but many generations later its connotation
changed to mean Salaat.
4. Muawwal: When in any context amongst the many possible
Mushtarak words, one single connotation is taken with proof.
In this case the word which is taken for its specified meaning is
called Mushtarak Muawwal. This is now known as Muawwal. For
example the meaning of the word Qar’a (‫)ﻗﺭﺃ‬, is both, haidh
and tuhur. This is Mushtarak. In the Aayat (‫) َﺛ َﻼ َﺛ َﺔ ﻗُﺭُﻭ ٍء‬, when a
Mujtahid had come to the conclusion that the word Quru means
haidh, and he had established that the word does in fact refer to
haidh, then aﬅer the interpretation, this word is called Muawwal.
Second part: The discussion on the ruling of Khaas

The effect of a Khaas word is that it indicates to the madlool (specified
meaning) without probabilities, as long as no other proof is presented
that indicates another possible meaning. Therefore the ruling of Khaas
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is this that practice upon it is compulsory. It is also compulsory to
accept it and the rejector thereof is branded a kaafir.
If there is any likelihood or impediment which gives rise to another
meaning in Khaas then it will be compulsory to practice thereupon.
But it will not be compulsory to accept (believe in) this meaning. The
rejector (of this other possible meaning) will be branded a faasiq and
not a kaafir. An example of the compulsion on a Khaas word.
Example
The word ‘Thalaathah’ in the Aayat:
‫ﺎﺕ َﻳ َﺗ َﺭﺑﱠﺻْ َﻥ ِﺑﺄَﻧﻔُﺳِ ِﻬﻥﱠ َﺛ َﻼ َﺛ َﺔ ﻗُﺭُﻭ ٍء‬
ُ ‫َﻭ ْﺍﻟ ُﻣ َﻁﻠﱠ َﻘ‬
“A divorced woman will be held for three haidh”, i.e. The iddat period
of a divorced woman is three periods of haidh. In this aayat, the word
Thalatha is Khaas. Its connotation is evidently clear. Three means
three, and nothing more or less. That is why there is consensus that
practice will be made on three and belief in this is essential. The word
(‫ )ﻗُﺭُﻭ ٍء‬is mushtarak. It could either mean haidh or tuhur (paak
period – i.e. the clean period between 2 menstrual cycles). Hadhrat
Imaam Shaafi (rahmatullah alayh) had taken the meaning to be tuhur
and thus made the word muawwal thereupon, whereas Imaam Abu
Hanifah (rahmatullah alayh) had opted for the word haidh, and has
concluded that the period of Iddat for a divorced woman is three
haidh. In the opinion of Imaam Saheb (rahmatullah alayh), since the
word thalaatha which appears in the aayat is Khaas; hence complete
and total practice on this word can only be made if the word Quru is
taken to mean haidh. If the word is taken to mean tuhur (as Imaam
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Shaafi had taken it to mean) then in practice, iddat would be either
more or less than three, because talaaq should not be given to a
woman who is in haidh (according to the Hadith).
Talaaq is to be given during a woman’s paak period, so if a woman is
given talaaq, then some part of that tuhur has already passed, hence
(if the count of three tuhurs starts from then), then it will be less than
(full) three. If that particular tuhur wherein the talaaq was given is not
counted, then in reality more than three is being practiced upon. This
is contrary to the objective of khaas, because the practice on the actual
word (‘three’ in this case) is being leﬅ out.
However, if the word Quru is taken to mean haidh, then since talaaq
will be given in tuhur, then the iddat will commence on the following
haidh. This will result in practice being made upon full three (haidh).
The crux of the matter, is that total and complete practice be made
upon the madlool.
The establishment of Shariah laws by the Khaas word

The words of khaas are of different types, which are borne out by their
various definitions and examples. Most Shar’i rulings which are
established by khaas are done so by the scales of Amr (order) and
Nahy (prohibitions). This is why these two are discussed in some detail.
Shamsul Aimmah Sarakhsi (rahmatullah alayh) states: “In the
discussion of Usool-e-Fiqh, Amr and Nahy have the most right to be
first, because their being at the beginning have great significance,
and the recognition and compulsion of rulings relating to Halaal,
haraam and other Waajib issues are dependant thereupon.”
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CHAPTER THREE: THE DISCUSSION ON AMR
The word on the scale of Amr is khaas. The servants (of Allaah,)
have been made mukallaf (entrusted with Sharì responsibilities and
commandments), because of this Amr. Similar is the case with Nahy.
The meaning of the scale of Amr being khaas is this, the scale denotes
one particular meaning, i.e. to seek (talab).
The literal meaning of talab is to intend a certain thing or make
apparent a desire, whether this is effected through the use of speech or
gesture. However a general talab is not necessarily a Sharì Amr. In the
Shariah talab has a specific connotation.
Definition
When a speaker who is high ranking makes a talab (seeks/commands
something) from another (junior/underling) then this is (defined as)
Amr. For example, ‫(ﺍﻓﻌﻝ‬Do!)
If an instruction is issued to a contemporary (one of equal rank) then
this is known as Iltimaas. If a request is made of someone who is
higher in rank then this is an appeal or dua.
When Allaah,, Who is Ahkamul Haakimeen (The Grand Instructor),
gives an instruction or seeks something (from His servants) then the
completion and fulfilment thereof is, by way of logic and Shariah,
necessary (Waajib). Regardless of whether this instruction is issued via
the medium of the Quràan Majeed or Hadith Shareef (Hadithe-
Qudsi).
Allaah, instructed all the Angels thus: ‫“( ﺍﺳﺠﺪﻭﻵﺩﻡ‬Prostrate to
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a Simplified Principles of Fiqh
Aadam ”). Shaitaan was also addressed in this instruction,
however he refused to heed and thus became the rejected one.
Allaah, thus asked him “What prevented you (from prostrating)
when I instructed you?” This sentence indicates that an Amr from
Allaah, or His Rasool  necessitates practice thereupon.
The demand of Amr

It is clear that an Amr is used to make binding a ruling. This
necessitates and demands Wujoob (compulsion).
If there is any prevention or other factor whereby the enacting of the
Amr will be rendered difficult then taking into consideration the time,
place and context this other meaning will be accepted.
THE MEANINGS OF AMR

The scale of Amr is used in 16 different meanings contexts:
Ijaab – (to make incumbent) when the command is spoken/given,
then the mind immediately goes towards the compulsion. For example,
with the Quràanic injunction of “Establish Salaat” the compulsion
of Salaat is recognized.
Nudab – (to become optional) reward in the Aakhirat (hereaﬅer).
For example, the Aayat, “Make your slaves Mukaatib (one of the ways
of setting slaves free) if you discern goodness in them.” From other
indications, we know that to set every good slave free is not a
compulsion, hence this instruction is for istih-baab (optional/worthy of
reward).
Ibaahat – (permitted) aﬅer the removal of a ‘obstruction’ to be
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given consent for something. For example, Allaah, says in the
Quràan Majeed, “When you have become Halaal (removed your
Ihraam) then (you may) hunt.” Hunting is prohibited in the state of
Ihraam, hence when it is removed then one may hunt. This naturally
does not mean that every person who removes his/her Ihraam must go
and hunt.
Tadeeb – (to teach someone culture/etiquette) in order to instil good
character. For example, Nabi  said, “Eat from that which is nearest to
you.”
Irshaad – for a better understanding and perception o worldly
matters. For example Allaa, advises the following with regard to
monetary dealings, “And seek the testification of two male witnesses.”
This is not an incumbent instruction.
Tahdeed – To censure/warn someone, by demonstrating anger. For
example, “Do as you please!” … and then you will see what happens!
Inzaar – to threateningly convey a message. For example, “Say (to the
kuffaar, O Muhammad )! Reap benefit (enjoy yourself) with your
kufr, for a littlwhile.”
Ta`jeez – to show helplessness, i.e. to demonstrate to the addressed
one how weak and helpless he/she is. For example, when Allaah,
challenges the kuffaar to “Bring a Surah the like thereof”.
Taskheer – to show that something is in (Allaah’s, complete) control.
For something to be brought into quick existence and for something to
be immediately effected following the Command of Allaah,. When
Allaah, intends anything, then it occurs instantaneously, without
20
any delay whatsoever. When Allaah, addressed the jews saying,
“Become apes, despised”, then they were immediately transformed.
This power and ability to transform is not in the hands/control of
man.
Takween – to bring into existence. In order to bring anything into
existence, Allaah, says, “Be! And it is”.
Itnaan – to show favour. Demonstration of a favour or benefaction.
Allaah, says, “Eat for that which Allaah, had provided you with.”
He is the Only True Benefactor. Everything we have is bestowed by
Him.
Ikraam – To bestow respect/honour. Allaah, says, “Enter it
(Jannat) with peace and contentment.” A guest is granted honour by
being addressed with, “Enter”.
Ihaanat – to disgrace. Allaah, says, “Taste (of the punishment)!
Indeed you are the respected and honoured.”
Tasweya – to equate two things. As Allaah, says, “Adopt patience
or don’t have patience”, (it is all the same, neither will save you from
punishment).
Ihtiqaar – To belittle or degrade. As Hadhrat Moosa (alaihi salaam)
said to the sorcerers, “Caste, that which you (usually) caste!” (i.e. your
magic has no rank by me).
Dua – a request. “O Allaah! , Forgive me.”
Tamanni – to make apparent a desire. As the inmates of Jahannum
will desire and say to the Keeper of Jahannum, “O Maalik! If only your
Rabb would fulfil our desire (of death).”
21
Warning: Amr sometimes comes as a Khabar (informative sentence),
which necessitates even more incumbency. That is, it is a sentence
which gives some information, which in actual fact seeks to make
incumbent some duty. The non-fulfilment of such an instruction is
tantamount to disobedience. The fulfilment of such an Amr is more
binding. For example, if a person says of his close friend in a
gathering, “Today he will recite Qiraat.” In this instance it will be
incumbent for this person to recite the Qiraat, because if he does not do
so, then it will be tantamount to disobedience.
An example of this in the Speech of Allaah,, “And mothers will
breastfeed their children for full two years.” This indicates that
women should breastfeed their children. If any woman, without a valid
Sharì reason, does not breastfeed her child, then she will be deemed as
being disobedient to Allaah,.
The condition of the ruling of A mr

The ruling of an A mr is compulsion. That is, for an injunction to
become binding upon the servant (of Allaah,). When any act
becomes binding upon the servant owing to an Amr, then it will be
necessary to know whether this fulfilment is achieved by carrying out
the injunction just once or by continual practice. Similarly, it will be
necessary to know whether the Amr necessitates immediate fulfilment
or delayed.
There is no need for repetition of fulfilling an A m r
The object of an Amr is not for repetitive fulfilment. If the desired act
is carried out once, then the compulsion of the Amr will have been
22
deemed fulfilled. If, for example, someone asks you for a glass of water,
then if you bring the water once, the instruction will be deemed
fulfilled. If you do not bring water for a second time, then you will not
be liable for censure, unless there was no following instruction. For
example, implementation of the Aayat, “Establish Salaat and pay
Zakaat” will be deemed fulfilled with the performance of one Salaat in
its respective time and the payment of Zakaat once annually.
Warning: One should never have this notion that since the Aayat for
establishing Salaat and paying Zakaat comes a few times in the
Quràan Majeed, so if one performs a few Salaat (in one’s lifetime) or
pays Zakaat a few times (in a lifetime), then the command is fulfilled.
One should never think that this does not necessitate five times daily
Salaat or annual payment of Zakaat.
One should be aware that for the repetition of an act (in fulfilment of
an Amr) in not achieved because of a single scale of Amr. This
(repetition) is denoted by some other factor.
Allah, has connected these Ibaadaat through some other factor in
such a way that when these factors come into existence to necessitates
the coming into existence of these Ibaadaat. For example Allah, says,
“Indeed Salaat is obligatory upon the believers at the appointed
time(s).” That is, the five times in which to perform Salaat are
specified, when these times come into existence then the Salaats
become obligatory upon the believers.
Hence, the Aayat, “Establish Salaat” makes incumbent the
performance of Salaat, however the details of how many and when to
23
read, are not mentioned here. In another Aayat it is mentioned that
when a specific time enters then Salaat should be performed, and it
should be read daily whenever these times occur. In effect, the
instruction of “Establish Salaat” is applied whenever these specific
times enter. This is the reason why the Salaat performed out of its
specific time is not accepted, and during one time many Salaats are not
valid. It is as though the instruction for Salaat comes repeatedly.
Similarly it is mentioned, “Give Zakaat” but the amount and time are
not specified. These are established from the Hadith Sareef. It is
established from the Hadith that the owner of Nisaab has to give 2½ %
of his wealth in Zakaat annually.
It is stated in the Quràan Majeed that a person must make Hajj of
Baytullah. This makes Hajj incumbent on the believers (those who can
afford it) once in a lifetime. There is no need to perform Hajj
repeatedly because the connection of Hajj was made to Baytullah,
and there is only one Baytullah. Therefore only one Hajj is Fardh.
There is no possibility of Amr being repeated
There is no need for Amr of one action to be repeated time and again,
similarly there is no possibility of the scale of Amr to denote repetition.
This is the reason why when an instruction is issued it will be incorrect
to intend the action to be repeated. There is no acquiescence for an
action to be repeated following one Amr. A Sharì example of this is as
follows:
A husband placed on his wife the choice of talaaq with one Amr, by
saying “Give Talaaq to yourself.” Therefore just as the wife was given
24
the choice of one talaaq, if she exercises this right then only one talaaq
will take effect. She does not have the option of two. Similarly if the
husband by this scale of Amr intends more than one talaaq then this
intention will be incorrect because the scale of A mr only holds the
possibility of one instruction.
Note: The Fuqaha have written that if a husband intends three talaaqs
by his sentence “Divorce yourself” then following this Amr the wife
may cast on herself three talaaqs. The husband’s intention in this case
is effective and the wife may give herself three talaaqs.
On the face of it, it appears that this mas’alah contradicts the general
rule (laid down earlier), but that is not the case. It was established
(from the discussion above) that the wife gts the choice of talaaq once,
so if three is intended in this one choice, and she exercises this right,
i.e. three talaaqs at once, then it will take effect. However, if the wife
gives herself three separate talaaqs, by saying, “I give myself one
talaaq”, and then she says the same sentence two more times, then in
this case only one talaaq will be effective and not three.
There remains now the question of whether the intention of two
talaaqs will be correct or not. The Fuqahaa have written that for a man
to make the intention of two talaaqs with the sentence, “Divorce
yourself” is incorrect and it would be likewise for the wife to effect
upon herself two talaaqs.
The difference between two and three talaaqs is due to another factor,
and the scale of Amr does not have much effect in it. The reason is that
in the (Arabic) sentence, “Talaaq yourself”, the word ‫ ﻁﻠﻘﻲ‬indicates to
25
one masdar (root-word) wherefrom the scale of Amr originates. The
actual import of the word ‫ ﻁﻠﻘﻲ‬is ‫ﺍﻁﻠُﺏُ ﻣﻧﻙ ﺍﻳﻘﺎﻉ ﻁﻼﻕ‬or ‫ﻁﻠّﻕ‬
‫“( ﻁﻼﻗﺎ‬I seek from you the giving oftalaaq”). This, in effect denotes
one masdar nakira (common noun root-word), which indicates a
single thing and not a combination. It denotes one and not many. A
masdar nakira consists of parts but is not the combinations of
many individuals. For example, the word; ‘standing’. It will be correct
to state, ‘a short stand’ or a ‘long stand’, but not ‘one stand’ or ‘two
stand’, etc. Yes, it will also be correct to say,’ ½ standing’ or ‘fully
standing’.
Similar is the example of the words, ‘water’ and ‘honey’, which are both
individual words. It would not be correct to say, ‘one water’, ‘two water’,
‘one honey’, ‘two honey’, etc, but it would be correct to say ‘little honey’,
‘plenty honey’, ‘½ honey’ or ‘full honey’. One drop of water would be
called water and an ocean of water would also be called water. From
this we understand that individual things can be subdivided but they
cannot be counted. In other words, a whole is made up of fractions
(can be subdivided) but it is only one and not more than one.
When an individual thing is mentioned then the entire subject is
meant. For example, when ‘water’ is mentioned then the water of the
entire world is taken into consideration. If a little water is meant, then
we will say that this is a lesser part of the whole.
In this way, the word ‘talaaq’ is a mufrad (individual). It can be
subdivided into a partial (lesser) or whole. The lesser portion of talaaq
is one talaaq and the whole of it is three talaaqs. There cannot be more
26
than three talaaqs, so three constitutes the whole of talaaq, but two is
not deemed a lesser part of (this) whole, because two talaaqs is neither
a lesser nor the whole of talaaq.
If the wife is a slave-woman, then in her case a whole talaaq would
constitute two talaaqs, because the maximum talaaqs for a slave-
woman is two and not three. So in the case of a slave-woman if the
husband intends one or two talaaqs with the single scale of Amr,
‫ﻁﻠﻘﻲ‬,then his intention would be correct. And this wife can effect
upon herself one or two talaaqs, at one go.
The condition regarding the compliance to A m r

Whether it is necessary to immediately comply with an Amr or to
delay, depends on the contextual factors accompanying it. This is the
reason why the scale of Amr only indicates to the desired action. The
factors of whether it is immediate or postponed, are excluded from the
connotation of this scale. For example if it is asked, “Bring water”,
then in accordance to the generally accepted trend, immediate
compliance is intended. On the other hand if it is said, “You cook the
food for the invitation”, then the person being addressed knows
that tomorrow is meant, because that is when food is to be cooked.
Note: This discussion evolves around the actual and foundational
rulings of the Shariah. There are various Fiqhi proofs for the specified
and unspecified acts of Ibaadaat. Amongst the acts of Ibaadaat which
are commanded, there are some whose compliance is immediate and
others postponed.
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Unspecified (insofar as time) acts of Ibaadaat
These are those acts of Ibaadaat which are commanded in a general
unspecified form, and no particular time is stated for their compliance.
There is consent to delay the compliance of such acts of Ibaadat, aﬅer
they have been ordained, however, it is Mustahab (preferable) to
comply to the Amr immediately. This earns greater reward.
Imaam Karkhi (rahmatullah alayh) states that with regard to the Amr
in matters of Ibaadaat, the precautionary step is to comply
immediately, and not to delay unnecessarily. Specifically, Zakaat
should be discharged timeously. The scale of Amr does not necessitate
immediate compliance
to discharge Zakaat, but Zakaat is for the ameliorating of the needs of
the poor and needy, and this needs to be effected immediately. This is
the reason why it is sinful to delay the discharging of Zakaat without
valid cause. The Faqeeh Abu Ja`far (rahmatullah alayh) reports fro
Imaam Abu Hanifah (rahmatullah alayh) that it is Makrooh Tahrimi
to delay the 20 discharging of Zakaat. There is also emphasis on this
reported from the Saahhain (rahmatullah alayhima). Amongst the
Ibaadaat whose compliance is unspecified are; Zakaat, Sadaqah-e-Fitr,
Kaffarah of fasting, the Qadha of Ramadhaan fasts and those Ibaadaat
made in Nazar (vow), whose time of performance are unspecified for
example when a person makes the following vow, “For Allaah,, upon
me is a fast.”
28
The ruling regarding the Ibaadaat whose time of compliance is
unspecified
These Ibaadaat, regardless of how long they are delayed, their
performance will remaining binding and upon completion will be
effected. There is no Qadha for them.
The specification of intention for these acts of Ibaadaat are necessary.
For example, when giving Zakaat a person must say, “I am paying
Zakaat”, or when keeping Qadha fasts he must specify, “I am keeping
Qadha fasts of so and so day of Ramadhaan”, etc. The intention for
these acts of Ibaadaat are necessary to be made before carrying them
out. If after giving goods or money to the poor and needy, one makes
the intention that it was Zakaat, then the Zakaat will not be fulfilled.
Such an intention (which is delayed) is no valid. It is necessary to make
the intention for Qadha fasts of Ramadhaan before Subh Saadiq (true
dawn). If one did not make the intention before Subh Saadiq or if the
intention made was a general one and not one specifying Qadha of
Ramadhaan fasts, then such a fast will not be valid as a Qadha of
Ramadhaan.
Specified acts of Ibaadaat

These include those acts of Ibaadaat whose time of performance is
specified and limited. There are four types of such Ibaadaat.
First type – These are those acts of Ibaadaat whose time of
compliance remains even aﬅer their performance (during the specified
time). That is, it is not necessary to utilise and encompass the entire
29
specified time with that Ibaadat. In fact, the completion of that Ibaadat
only takes up a portion of the entire specified time. For example, the
five times daily Salaat. It is not necessary to remain performing the
Fardh Salaat to fill up the entire specified time.
The time for these acts of Ibaadat, have zarf, sabab and shart. The
meaning of having zarf is that the Ibaadat of Salaat must be
performed within the specified time frame. The meaning of shart is
that the act of Salaat will not be valid if performed before the specified
time. This is why before the shart (condition) comes into being, there
will be no significance of the mashroot (conditional thing).
The meaning of sabab is that the Salaat becomes Waajib
(compulsory) upon the entry of the specified time. The performance of
the Salaat before the entry of its specified time, is not Waajib.
If a person passes away before the time for a Salaat enters, then he will
not be liable for that Salaat. If a person passes away aﬅer the time for a
Salaat enters, then too, he will not be held liable for not having
performed that Salaat, because the compulsion for having to perform
that Salaat lasts until the end of that specified time. So, in effect, he
had not defaulted on that Salaat, because at the time of his demise,
there was still time remaining for that Salaat.
Second type – This refers to those Ibaadaat whose duration of
execution encompasses the entire specified time period, where no time
is leﬅ out. This time frame is theshart, sabab and me`yaar (criterion).
It is the sabab in this way that every portion of the specified time
constitutes the
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sabab for every part of the Ibaadat. For example, the fasts of the month
of Ramadhaan. The time (this month) is the sabab and me`yaar for
fasting. The object of it being the me`yaar is this that two fasts cannot
be kept during one time. From the time of Subh Saadiq to sunset, only
one fast can be kept, which encompasses this entire time. This month
of Ramadhaan has been specified by Allaah, as the month for
fasting. This is the reason why any other fast besides the fast of
Ramadhaan is not valid during this month. There is also no need to
make the intention for fasting before Subh Saadiq. The intention made
just before mid-day suffices. In fact, even if a person, during the month
of Ramdhaan, makes an intention of a general fast or any other
Waajib fast, like nazar (vow) fats, then too, that fast will be counted as
a fast of Ramadhaan (and not the other fast which was intended).
However, if no intention for fasting was made and the person stayed
hungry until sunset, then the fast will not be valid. There is a condition
of at least being an intention of even a general fast.
Third type – Those Ibaadaat whose time-frame is a me`yaar and
not a sabab. For example, to take a vow to keep a fast on a
particular day. To stipulate a particular day for a (nazar) fast, makes
that day specific, and it becomes Waajib to fast on that day. The
specific day will be come the me`yaar (criterion) for fasting but not
the sabab (reason for fasting). The sabab for a fast of a vow is the vow
itself. The mere sentence, “For Allah Taàla, upon me is the fast of
Jumuah”.
Ruling: The ruling for this Ibaadat is that it is not necessary to make
31
an intention before Subh Saadiq, it will be sufficient to make the
intention before midday. This fast will also be fulfilled with a general
intention. Even an intention for nafl will suffice. If the person did not
make the intention before Subah Saadiq and then before midday made
the intention for some other Waajib fast, then the fast will suffice for
the nazar fast.
Yes, if the person made an intention for some other Waajib fast before
Subh Saadiq, then that fast will be counted for the intended and the
nazar fast will become Qadha. The difference between the fasts of
Ramadhaan and nazar is that for Ramadhaan, even if an intention is
made before Subh Saadiq for some other Waajib fast, then too the fast
will be counted as a Ramadhaan fast, whereas for a nazar fast, if some
other fast is intended, then the intended fast will be fulfilled and not
the nazar.
Fourth type – Those Ibaadaat whose time is to one extent like a
me`yaar and to another extent zarf. For example, Hajj. The time for
Hajj is Shawwaal, Zul Qada and the first ten days of Zul Hijjah. In this
respect, two Hajj cannot be performed during these months in a single
year. Also, the rites of Hajj do not encompass the entire time-frame.
The rites of Hajj are carried out during the ‘five days of Hajj’).
Sheikhain have mentioned that it is best to perform Hajj during the
year when it becomes Fardh upon a person. It is sinful to delay,
without valid reason.
Ruling: The ruling regarding this type of Ibaadat is that whenever it is
performed it is deemed fulfilled. There is Qadha for it. A Fardh Hajj
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will be accomplished even by the mere intention of a general Hajj, on
the condition that Hajj has become Fardh upon that person. The
reason for this is that since the time is me`yaar just like Ramadhaan,
where a general intention will hold for the Fardh duty. Another reason
is that a believer cannot undergo all the hardships and difficulties
(attached to the Hajj journey, etc.) and perform a Nafl Hajj
notwithstanding Hajj being Fardh on him. The reward for a Fardh
Hajj is greater than that for any other Hajj and to abandon the Fardh
Hajj warrants great punishment, hence even the intention for a general
Hajj will count for the Fardh Hajj.
However, notwithstanding Hajj being Fardh on a person, if he
consciously makes the intention for a Nafl Hajj, then his Hajj will be
regarded as Nafl. The Fardh will not be fulfilled. Since the time for Hajj
is also a zarf, hence an intention for Nafl would be valid. Just like how
during the time for a Fardh Salaat, the intention and performance of
Nafl Salaats would be valid.
CHAPTER FOUR: The Ruling Regarding the Ma`moor Behe

(act which is ordered)
The Ma`moor behe can be implemented in two ways – Ada
(immediate) and Qadha (postponed).
The meaning of Ada is that the actual thing which is being ordered is
expected to be fulfilled. For example, Salaat, which has to be
performed in its actual specified time.
The meaning of Qadha is to fulfil with a replacement of the actual
33
ordered thing. The servant (of Allaah,), could not fulfil the actual
ordered instructions, hence as a recompense he fulfils it with a
replacement. For example if a person could not perform a Fardh
Salaat on its specified time, and hence has to make up for it. The
replacement/delayed Salaat, at the time when it is performed, is not, in
the Sight of Allaah,, the Fardh time for that Salaat. Therefore, the
servant is performing such a Salaat, which is not obligatory to be
performed at that time. Since it is not anymore possible to perform the
specific Fardh Salaat (which he had missed), hence he is performing a
proxy Salaat, which is called Qadha. To make Qadha is Fardh.
The Zuhr Salaat of today cannot be a substitute for the Zuhr Salaat of
yesterday. The reason being that the Fardh of Zuhr for the time of
Zuhr applies to today’s Zuhr. The substitute of yesterday’s Zuhr is
being performed by the servant from his side
Generally (amongst people), Qadha is called Ada and vice versa. There is
no harm in this.
There are two types of Ada – Ada Mahadh and Ada Ghair
Mahadh. Ada Mahadh is further subdivided into Ada Kaamil
and Qaasir.
Ada Kaamil – This is when the ordered act is carried out and
complied to, with all its attached conditions and stipulations. An
example is the person who performs his Fardh Salaat with Jamaat in
the Musjid.
Ada Qaasir – This is when the ordered act is carried out with
deficiencies. For example, the Masbooq, the person who performs his
34
Salaat, without having read it entirely behind an Imaam.
Ada Ghair Mahadh – This is that Ada which is similar to a
Qadha. For example, to perform the latter part of Salaat with
deficiencies, like a Laahiq, one who starts his Salaat with Jamaat, and
then either falls off to sleep during the Salaat and awaken aﬅer the
Imaam makes salaam, or his wudhu breaks. Then when this person
goes and freshens his wudhu and returns to complete his Salaat, which
he now has to do alone since the Jamaat is over, then he will complete
the Salaat like a normal Muqtadi (i.e. without Qiraat). Although his
Salaat will be still regarded as Ada because he performs it on time and
also since he started with the Imaam, he will be regarded as having
performed with Jamaat, but it will not be like a pure unblemished
performance. That is why this is regarded as being similar to a Qadha.
The types of Qadha

Qadha is also of two types –Qadha Mahadh and Qadha Ghair
Mahadh.
Qadha Mahadh – This the ‘pure’ Qadha which has no relation to the
Ada, neither in the reality or ruling. This is divided into two types:
Qadha BeMithl Ma`qool – To fulfil an act similar to the Waajib Ada
act, which logically bears a similarity to the Waajib act. For example, a
Salaat which is similar to (another) Salaat.
Qadha BeMithl Ghair Ma`qool – to substitute the Waajib act with
such a proxy that logically does not bear a resemblance to the Waajib
act, but the Shariah had stipulated this as a substitute. For example,
the substitute for fasting is Fidyah (financial/material recompense).
35
The reality of fasting is to abstain from eating, whereas Fidyah entails
feeding the poor. Logically these two acts appears as opposites,
however, according to the Shariah they are suitable substitutes.
Qadha Ghair Mahadh – These are those acts which bear some sort of
resemblance to the Waajib Ada act. It is also called Qadha Shabeeha
Bil Ada.
Qadha Shabeeha Bil Ada – To compensate for the Waajib act, where
the resemblance is to the actual Ada.
For example to utter the extraTakbeers of the Eid Salaat in ruku. This
is when a person comes late for Eid Salaat and finds the Imaam in
ruku. The latecomer will start his Salaat and go into ruku without
saying the extra Takbeers in Qiyaam, however he will say these extra
Takbeers in the ruku.
There is no separate Qadha for the Takbeers of Eid, because without
the Eid Salaat, they do not hold any substitute for the Takbeers said in
the Salaat. The actual place and time for these Takbeers is in qiyaam,
but the person missed it there. The ruku is similar to qiyaam, because
the musalli’s body is half-way fromqiyaam. When a person finds the
Imaam in ruku it is as though he found him in qiyaam. Now, since the
Takbeers have been moved from their actual position (which is in
qiyaam), they will be regarded as Qadha, and since ruku is similar to
qiyaam, the utterance of Takbeers in the ruku will be asAda.
This Qadha is further divided into three types, and the Ada is also
divided into three types, hence there are altogether six types.
Just as there are six types of Ada and Qadah in Huqooqullaah
36
(Ibaadaat), so too are there six types in Huqooqul Ibaad (social
dealings).
Examples of Huqooqul I`baad

Ada Kaamil – To return a snatched or bought item in its original
condition.
Ada Qaasir – To return a snatched or bought item with defects.
If a person snatched another’s slave and aﬅer this slave came into the
possession of the snatcher, he was either accused of some crime or the
other, which caused a decrease in his value. Or if someone snatched a
goat and subsequently the goat became ill or its horns broke, which
devalued it. The returning of this slave or goat will be regarded as Ada
Qaasir.
Ada Shabeeha Bil Qadha – A person married a woman stipulating the
slave of someone else’s as the mehr (dowry). For example, a person,
pointing to a slave, says to a woman, “In exchange for this slave (as
mehr) I take you into my Nikah”, but that slave does not at that time
belong to him. However, aﬅer the Nikah he purchases the slave from
the owner and hands it to his wife as dowry, because that is what he
said he would give. He is giving the very slave upon which the
transaction (of nikah) took place, and it is necessary for the wife to
accept. However, at the time of the transaction this slave belonged to
someone else, and it only came into the husband’s possession aﬅer the
purchase. Thereaﬅer the slave came into the wife’s possession aﬅer her
husband handed it over to her. Therefore, in reality, as far as the state
(ownership in this case) of the slave is concerned, this is not the same
37
which was indicated to at the time of the transaction (of Nikah). At
that time the slave was somebody else’s and it only became the
husband’s after he bought it. The change of ownership brings about a
change in the quality of actual thing. It is as though the thing has
changed. It is stated in the Hadith Shareef, “Anas (radhiallahu anhu)
reports that some meat was brought to Nabi . He  asked, ‘What
(From where) is this?’ It was said to him, ‘It is from something
(meat) which was given as Sadaqah to Bareerah.’ He (sallallahu alaihi
wasallam) said, ‘It is for her Sadaqah and for us Hadiyah (giﬅ).’” From
this we realise that change of ownership brings about a change in the
reality (quality) of a thing.
By the husband giving this slave it is regarded as Qadha, in view of the
fact that its quality changed. But since it is the very same slave which
he initially indicated to, it will be regarded as Ada. This is called Ada
Shabeeha Bil Qadha.
Qadha Be Mithl Ma`qool Kaamil – Someone’s property was snatched
and destroyed. Thereafter it was replaced with a similar thing. For
example, a person’s watch was snatched and destroyed. It was later
replaced with a similar watch. This is Qadha Kaamil.
Qadha Be Mithl Ma`qool Qaasir – This refers to such a thing which
does not have a similar replacement. For example, a goat was snatched
and destroyed. Another goat cannot be a replacement, because no one
goat can be same to another in all respects. In such a case it will be
recompensed in value, i.e. cash money will be given as a return. This is
Qadha Be Mithl Ma`qool Qaasir.
38
Qadha Be Mithl Ghair Ma`qool – For example to mistakenly kill a
human being, or break his hand, foot, etc. In this case Diyat (blood-
money) becomes necessary. There can be no (logical) compensation of
a loss of human life or limb by money. The two are not the same.
Humans are the owners of wealth and wealth is owned. However, since
a loss of life or limb cannot be leﬅ to go unpunished, hence Allaah,
has devised this compensation. This is Qadha Be Mithl Ghair Ma`qool.
Qadha Shabeeha Bil Ada – For a man to stipulate an unspecified slave
as a dowry for his Nikah to a woman, which is permissible. In this case
he has to give a medium-valued slave as mehr. When it is given, then
his debt will be fulfilled (Ada). If he gives the value of a medium-valued
slave, then this will be regarded as Qadha, because to give an actual
slave is not binding, in fact, a proxy is compulsory. This is similar to
giving an Ada.
Note: According to most Usooliyeen, the same sabab (Amr) which
establishes Ada will necessitate the Qadha as well. There is no need for
any new or different nass (Quràanic or Hadith text) to necessitate
Qadha (when Ada is not complied with). The Aayat “Establish Salaat”
is sufficient for Qadha Salaat and likewise the Aayat “Fasting has been
made obligatory upon you” is sufficient for Qadha fasting. When the
servant compensates the original act of Ibaadat with a proxy from his
side, and he cannot attain the virtue of having performed the original
act during its specified time, which he had missed out, so the
responsibility fulfilling that act still remains binding upon him.
Nevertheless, the need for him to perform it in a time-frame no longer
39
exists (it is up to him to complete it as Qadha as soon as possible).
Therefore, even if there was no nass for Qadha Salaat and fasting,
nevertheless, these acts remain Waajib. But, Allaah, had revealed the
Aayat, “Whichever of you is ill or on journey, then he should complete
it (the fast) on other days.”
With regard to Salaat, Nabi  said, “Whoever oversleeps a Salaat or
forgets to perform it, he should perform it as soon as he remembers.”
Both these two nusoos seek the substitute of the Waajib act. It follows
that the same applies to other Waajib acts of Ibaadat, like nazar for
fasting, Salaat or I`tikaaf. The non-completion of these acts of Ibaadat
on their specified times, necessitates Qadha, for which there is no need
for nass.
There is however, necessity for nass for Qadha of those acts of Ibaadat
where substitution is not obvious. For example, the payment of money
for the mistaken loss of life or limb. Had there been no nass to
stipulate this payment, then it would not have been obvious to man.
This is the reason why in intentional murder, the giving of diyat
(blood-money) is not binding upon the murderer, because in this case
he has to pay with his life. Diyat is only binding in the case of mistaken
killing. The murderer is not forced to pay diyat in intentional murder.
However, if the murderer is willing to pay diyat and the family of the
murdered is willing to accept payment, then there may be an
agreement between the parties.
The quality of the ordered act

When the condition of the method of compliance of a Ma`moor Behe
40
is known, then one should appreciate the fact that there is goodness in
this ordered act (of Ibaadat). Allaah, is Hakeem (All-Wise), He is
without fault or blemish. Now when The Hakeem, Faultless One
instructs anything, then it is only natural and obvious that there is
some or the other goodness therein. That thing is also without fault or
bad. And when Hakeem prohibits from anything, then one should
know that there is some evil in that thing. It follows that whatever is
ordered by Allaah,, then that thing is most certainly good, even if it
appears on the surface to be otherwise. To fulfil this act merits reward.
Similarly, the prohibited thing is bad, even if it appears to be good, and
to carry out this prohibited act warrants punishment.
The types of Ma`moor Behe

There are two types of Ma`moor Behe. The first is that Ma`moor
Behe which in itself is good and nice. This is known as Hasan Li-
Àinihi. Second is that one, which gives rise to goodness in something
else. This is called Hasan Li-Ghairihi.
Hasan Li-Àinihi is of two types:
(1) That Ma`moor Behe which has goodness in its essence and
constituents. This gives rise to the Ma`moor Behe always remaining
with goodness. That is, there is unity between the Ma`moor Behe and
its quality. The good quality is never separated from the Ma`moor
Behe. For example Imaan (to accept the Truth in the heart). This
always remains good. This is the reason why the servants is ordered to
always remain in the state of Imaan. There is absolutely no consent for
abandoning it at all. Its responsibility never leaves the shoulders of the
41
servant, even if life is threatened. There is only goodness in keeping
Allaah, in the heart.
Another example is Salaat. Every part and constituent thereof
comprises goodness, because it contains the praises of Rabbul
Alameen. Praising Allaah, is a good act. Allaah, waives the
responsibility of Salaat if the servant has a valid excuse.
(2) The second type of Hasan Li-Àinihi. This has goodness in
itself, but the goodness comes by way of something, therefore this is
also called Mulhiq Be Hasan Li-Àinihi. (In the first type, the
goodness exists without any other medium). For example, Zakaat,
fasting, Hajj, etc.
Apparently Zakaat appears as though money is being diminished,
which is not a good quality. However, the servant (giver of Zakaat)
becomes a deputy of Allaah, and (through his Zakaat) fulfils the
need of the poor. In this way, the diminishing becomes spending,
which brings about the goodness therein, and this also warrants
reward. The goodness in Zakaat comes about by the need of the poor.
If there was no need available, then Zakaat could not be dispensed and
there would be no virtue attached. Therefore, we understand that the
goodness in Zakaat comes about by the need of the poor, which is also
its sabab. This need also, is brought about by Allaah,. The choice of
wealth and poverty is not with man.
Similar is the case with fasting. Apparently it appears to be an act of
hunger and difficulty. However, this hunger is a way of harnessing the
rebelliousness of the nafs. The control and overcoming of the nafs gives
42
rise to goodness in the hunger. It is ascertained that the goodness in
fasting is created by the controlling of the desires. If there were no base
desires (in man) then there would be no rebelliousness and sin. There
would be no need to control anything. This is why Shahwat (base
desires) is taken as the means and sabab. The angels have no Shahwat,
hence there is no accomplishment or virtue in fasting for them. Since
Shahwat is a creation of Allaah,, and the servant has no choice (in its
existence), therefore this type is called, Muhiq Be Hasan Li-
Àinihi.
On the external façade, Hajj appears as a tiring and difficult act. Hajj
comprises Ihraam, Tawaaf, Wuqoof-e-Arafaat, etc. which externally
appear difficult. However, all these acts bring about honour and
dignity in visiting the House of Allaah,. This brings about goodness
in it. This sanctity of Baitullah is a favour from Allaa,. This brings
about reward in fulfilling the rites of Hajj. It is called Mulhiq Be Hasan
Li-Àinihi.
Note: These acts of Ibaadat are excused due to valid cause and
reason.
Hasan Li-Ghairihi
The goodness in the Ma`moor Behe exists because of some other
reason, which is separate from it. The existence of this other factor
comes about aﬅer the Ma`moor Behe, and the Ma`moor Behe
acquires its goodness aﬅer the existence of this other factor. For
example, the wudhu of Salaat. On the outside, wudhu is the term given
to washing the limbs. On the face of it, it appears as though it is a
43
squandering of water because the limbs have to washed even if there is
no dirt on them. Nevertheless, it is only this washing which will render
an important Ibaadat like Salaat valid. This factor, gives wudhu the
hue of being a Ibaadat. The Fardh status of wudhu comes after (in rank
to) the Fardh status of Salaat. This is the reason why, for those upon
whom Salaat is waived, so too is wudhu.
For example, a woman who is menstruating. If someone made wudhu
but did not perform Salaat, then there will be a deficiency in quality
and reward for that wudhu. The beauty and goodness of wudhu comes
with Salaat, hence it is Hasan Li-Ghairihi.
Another example is hastening towards Jumuah Salaat. To proceed
towards the Jumuah Salaat, aﬅer the Athaan of Jumuah is Waajib,
owing to the Aayat, “And hasten towards the Thikr of Allaah,
(Jumuah).” In this Aayat, hastening is ordered. The reward and
virtue of this hastening comes about owing to the Jumuah Salaat. This
hastening aids in the fulfilment of the Jumuah Salaat. This hastening
will not be compulsory for that person upon whom Jumuah is not
compulsory. If a person hastens but has no intention of performing
Jumuah Salaat, then there will be no reward in this act of hastening for
that person. Therefore this act is called Hasan Li-Ghairihi.
The second type of Hasan Li-Ghairihi

The goodness in the Ma`moor Behe comes due to some other factor.
In this case, this other factor comes into existence at the time of
executing the Ma`moor Behe. For example, to perform Janaazah
Salaat. On the external, this appears to be like idol worship and it is
44
contrary to Tauheed (Oneness of Allaah,). However, the right of a
fellow Muslim brother is being fulfilled by it, which gives it the hue of
goodness. We know that the Salaat for the deceased is due to the
goodness of the Islaam of the deceased. If the deceased was not an
adherent of Islaam (a Muslim), Salaatul Janaazah would not have been
performed for him. For this reason we understand that the means and
sabab is Islaam, which is the voluntary choice of the believer.
Another example is that of Jihaad. On the external it seems as though it
is a means of troubling fellow beings and rendering towns and villages
desolate. However, this is a means of raising the Kalimah of Allaah,.
It is a means of spreading Tauheed. Therefore beauty and goodness
has come into Jihaad. In reality the goodness in Jihaad comes about
due to the kufr of the kuffaar. If there was no kufr then there would b
no need for raising the flag of Islaam, nor would there be any virtue in
it either. Hence, we should understand it thus that the reason for the
goodness in Jihaad is kufr.Kufr is the voluntary act of man.
Note: The apparent difference between Hasan Li-Ghairihi and Hasan
Li-Àinihi is that the reasons and contributing factors of goodness in
Hasan Li-Àinihi are creations of Allaah,. There is no action of
man therein. Whereas, in Hasan Li-Ghairihi, the contributing factors
for the goodness therein, like the Islaam of the deceased or the kufr of
the kuffaar, are voluntary actions of man.
Note: The Usooliyeen differ greatly on this subject, but the
aforementioned discussion clears everything.
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CHAPTER FIVE: DISCUSSION ON NAHY
Just as the scale of Amr is Khaas, so too is the scale of Nahy.
Definition
When a speaker who is greater in rank and stature than the one being
addressed prohibits him from something, then this is known as Nahi.
For example to say, cam+ V (“Do not do”).
The compliance of Nahy

It will be Waajib, to comply with the prohibition of a superior. When the
prohibition is from The Hakeem, then there is mostcertainly some
evil or harm in the act which is being prohibited from, just as there is
goodness in the instruction of an ordered thing.
The types of prohibitions

Insofar as the evil and harm is concerned there are two types of
Nahy.
Firstly, The prohibited thing is harmful in itself (Qabeeh Li-
Àinihi) and secondly, there is harm because of another factor
(Qabeeh Li-Ghairihi).
There are two types of Qabeeh Li-Àinihi
Qabeeh Li-Àinihi Wasfan – This refers to such a thing whose harm
and evils are apparent even logically and by the prohibition itself. For
example, kufr, which is the refutation of the Benefactor. To reject and
refute a benefactor and to show ungratefulness for a favour are evil
tendencies even to the logic, as long as the intellect is still intact and
46
the benefactor is recognised.
Qabeeh Li-Àinihi Sharàn
This refers to that thing which the Shariah had shown its harms. Had
the Shariah not shown its harms, then this would not have been
realised and discernable by logic and intellect. For example, to trade
in free humans is not permissible. Trade, according to logic is a good
and permissible act, and there is no harm in the essence of trade. The
Shariah has clearly defined trade, and attached rules and regulations
with it. This makes the Shariah an integral part of trade. If any trade
does not have the sanctity of the Shariah then it is regarded as being
harmful and bad. Aﬅer the Shariah has exposed the harms, then the
intellect also comes to the same conclusion. As mentioned in the
aforementioned example, when a free perso is bought or sold, then
the Shariah detests and prohibits this trade. The Shariah has outlined
some rules regarding trade. One of them being that the item which is
traded in must be such that has some discernable value. No value can
be attached to a free human. The intellect is then guided by the
Shariah and realises that trade in free humans is not natural
The prohibited Qabeeh Li-Ghairihi also has two types
(1) Qabeeh Li-Ghairihi Wasfan – This is prohibited from. The
harm/evil is not in the thing itself, but due to another factor. This
harm remains attached to the prohibited thing. As soon as the
prohibited thing comes into existence, so too does the harm. For
example, the fast of Yowmun Nahr (Eid-ul-Adha) is prohibited.
Fasting itself is not harmful or evil, but the day(s) of Eid-ul-Adha are
47
days of ‘feasting’ from Allaa, (i.e. we are the guests of Allaah,).
This brings about the harm of fasting on those days. Fasting lasts the
entire day and so does feasting. Since there is no day of Eid-ul-Adha or
part thereof wherein there is no (encouragement of) feasting from
Allaah,, hence the prohibition of fasting for this day remains for
always. This is why it is called Qabeeh Li-Ghairihi.
(2) Qabeeh Li-Ghairihi Mujaawiran – That (prohibited) thing wherein
the harm is due to another factor, but that harm does not remain
always. Sometimes the harm comes with the existence of the prohibited
act and sometimes there is no harm at all. As long as the harm exists,
then the act is prohibited from and when there is no harm, then it will
be permissible. For example, the trade during and aﬅer the Jumuah
Athaan. Trade is not bad, but its engagement prevents one from
hastening towards Jumuah Salaat, hence it becomes impermissible at
this time. However, if engagement in trade does not hamper hastening
towards Jumuah Salaat, then it will be permissible, like if two persons
who are riding on one conveyance towards Jumuah Salaat and engaging
in trade, then this would be permissible and not prohibited.
CHAPTER SIX: The ruling of Nahy:

Nahy indicates prohibition (Tahreem – Haraam).
Sometimes it could indicate Karaahat (detestment). If the Nahy is
absolute, then the ruling of Haraam will apply and if it is not absolute
(Zanni), then the ruling will be Makrooh-e-Tahrimi.
In Qabeeh Li-Ghairihi Wasfan, the prohibition is sometimes absolute,
48
like fasting on the days of Nahr. This is unanimously Haraam, even
though the prohibition came about froma Khabar Waahid. In Qabeeh
Li-Ghairihi Mujawiran, the prohibition is in the effect of Makrooh
Tahrimi, even though the prohibition was from an absolute source. For
example, trade during the Athaan of Jumuah – this prohibition is by
way of absolute nass. Still too, it is Makrooh-e-Tahrimi.
Trade is permissible during the Jumuah hastening, as mentioned
earlier. There is no paradox between trade and hastening. When the
Manhi Anhu (in this case, trade) and Hukm-e-Awwal (in this case
hastening), are such that they can be joined and done in unison, then
this gives rise to the prohibition being light.
However, when there is a clear paradox between the Manhi Anhu and
Hukm-e-Awwal, and the two can never be united, then the
prohibition is absolute. For example, Nikah is permissible and at times
even Waajib, however, Nikah with a Mahram (family) is forbidden.
Now, Nikah and Mahram are such opposites that they can never be
done together, hence Nikah to a Mahram is absolutely Haraam. If
anyone has to ever get married to a Mahram, then the Nikah will be
baatil and ineffectual. In fact, it will not even be regarded as a Nikah.
If, on the other hand, a person transacts after the Athaan of Jumuah
instead of hastening towards Jumuah, then although such transaction
will be regarded as bad and even worthy of cancellation, it will
nevertheless be effectual and the buyer becomes owner of the bought
item. Since this prohibition is a lighter one, the transaction will not be
totally void.
49
This discussion is in reality very in-depth and intricate. It has been
outlined above for the benefit of the student.
Note: The requirement for compliance to Nahy is ongoing/continuous
and immediate. That is, the thing which is prohibited should be
terminated immediately without delay and this prohibition will
continue unabated.
**********End of discussion on Khaas.
CHAPTER SEVEN: DISCUSSION ON ÀAM

Insofar as the meaning and subject-matter of a word, there are four
types: The first being Khaas which has been dealt with earlier and
secondly Àam which is now under discussion.
Definition of Àam
Àam is that word which denotes a collection of compound individuals
of the same species that is unlimited. It is specified once.
For example, the word, ‫ﺭﺟﺎﻝ‬,‫ﻣﺳﻠﻣﻭﻥ‬, and other collective scale
words are regarded as Àam. The word Muslimoon would comprise
the collection of individual Muslims, and the word Rijaalun that of
men. The fact that these words indicate a plural, is distinguished by
the scale itself. Those words whose scale is singular but they are used to
indicate a collection of individuals are also included as Àam, like
‫ ﻗﻭﻡ‬,‫ ﺭﻫﻁ‬,‫ ﻣﺎ‬,‫ﻣﻥ‬etc. These words do not have any attached words to
show they comprise a collection, their meanings indicate this, Rahtun
(a group of people), Qowmun (tribe), Man (many intelligent beings)
and Maa (many unintelligent things). Examples are:
50
A Caravan of people came ‫ﺟﺎء ﺍﻟﺭﻫﻁ‬
Arabian people ‫ﻧﺎﺱ ﻣﻥ ﺍﻟﻌﺭﺏ‬
One group should not belittle anothe ‫ﻻ ﻳﺳﺧﺭ ﻗﻭﻡ ﻣﻥ ﻗﻭﻡ‬
Whoever enters it (Haram) will be safe ‫ﻭﻣﻥ ﺩﺧﻠﻪ ﻛﺎﻥ ﺍﻣﻧﺎ‬
Whosoever comes with a good deed, for ‫ﻣﻥ ﺟﺎء ﺑﻠﺣﺳﻧﻪ ﻓﻠﻪ‬
him is ten times its reward ‫ﻋﺷﺭﺍﻣﺛﺎﻟﻬﺎ‬
Whatever the Rasool gives you, ‫ﻣﺎ ﺍﺗﺎﻛﻡ ﺍﻟﺭﺳﻭﻝ ﻓﺧﺫﻭﻩ‬
adhere to it
Whatever is in the heavens and earth ‫ﻳﺳﺑﻪ ﻟﻪ ﻣﺎ ﻓﻲ ﺍﻟﺳﻣﺎﻭﺍﺕ‬
makes the Tasbeeh of Allaah, ‫ﻭ ﻣﺎ ﻓﻲ ﺍﻻﺭﺽ‬
Note: The word Qowm will always refer to a group of individuals and
never a single unit. For example, if it said, ‫ﺍﻟﻘﻭﻡ ﺍﻟﺫﻱ ﻳﺩﺧﻝ ﻫﺫﺍ‬
‫“ﺍﻟﺣﺻﻥ ﻓﻠﻪ ﺍﻟﻑ ﺭﺑﻳﺎﺕ‬Whichever group enters this fort will get a
thousand rupees.” If three or more people enter the fort then they
will be eligible for the prize. If one person enters then he will not
qualify. However, the word ‫ ﻣﻥ‬denotes a collection of individuals and
it can also be used to denote individuals. For example, ‫ﻣﻥ ﺻﻌﺩ‬
‫“( ﺍﻟﺳﻘﻑ ﻓﻠﻪ ﻣﺎﺋﺔ‬Whoever climbs this roof will receive hundred
rupees.”) This means that if one person climbs the roof, he will receive
the prize, and if ten people climb the roof they will all receive the
prize and even if they climb up one aﬅer the other, they will all still get
the prize.
If the condition of ‫( ﺍﻭّ ﻻ‬First) is placed aﬅer the sentence, then only
the first person to climb the roof will receive the money. If ten people
climb up at once, then none will qualify for the prize. If they go one
51
aﬅer the other then only the first one will receive it. The ruling for man
to be Àam still remains because it means that from the many (that
climb up) the ruling for the one will apply, when that individual
reaches first.
Note: Like, The nouns of numbers ‫( ﺛﻼﺛﻪ‬three), ‫( ﻋﺷﺭﺓ‬ten), ‫ﺍﺣﺩ‬
‫( ﻋﺷﺭﺓ‬eleven) and ‫( ﺗﺳﻌﻭﻥ‬ninety) are all Khaas. They are not
regarded as Àam.
52
CHAPTER EIGHT: The Ruling of Àam
The Àam word is absolute in indicating its Madlool (indicated thing).
When a ruling is established for the Àam word, then this certainty is
established for the entire Madlool, without any doubt. It becomes
obligatory and necessary to practice on this ruling just as is the case
with Khaas.
For example, ‫( ﺍﻟﺳﻣﺎﻭﺍﺕ ﺗﺣﺗﻧﺎ‬The sky is below us). This denotes that
all the skies are below. This text makes it absolute that we believe and
accept that all skies are meant here.
In the Aayat which says, “The time (of Iddat) for the pregnant ones is
(until) they give birth.” This establishes with certainty that the
pregnant woman will end her iddat aﬅer she gives birth. Practice on
this is Fardh.
Note: If there is some proof to indicate that the ruling of Àam does not
apply to all the individuals contained under it, then this ruling will not
be adhered to with absolute certainty for all those which are included.
In fact, there adherence will be Zanni (established by way of deduction).
Practice upon this will no longer be Fardh, rather it will be Waajib.
That is, there will be a lessening in the ruling. Since there will be some
individuals to which the ruling will certainly not apply because of the
proof, hence there is the possibility that there are others also therein to
whom the ruling is not applicable. This will render practice on the
remaining individuals in the category of Zanni. The crux of the matter
is that when there is Takhsees (exclusions) in the ruling of Àam, then
the ruling will no longer remain in the category of absolute, it will
53
change to zanni. Nevertheless, practice thereupon, even aﬅer Takhsees,
will be necessary and Waajib. The one who ignores this ruling will be a
sinner. The difference will come about in the belief. If anyone rejects
and refutes the ruling of an absolute Àam then such a person will be
regarded as a kaffir, whereas the one who rejects the ruling of a
zanni, will not be kaafir.
Note: Takhsees means that there will be some individuals in Àam
upon whom the ruling is not applicable.
Example of Takhsees
A Sharì example of this is in the Aayat, ‫ﺍﺣ ّﻝ ﷲ ﺍﻟﺑﻳﻊ ﻭ ﺣﺭﻡ ﺍﻟﺭﺑﻭﺍ‬
“Allaah, has made trade Halaal and usury Haraam.”
In this Aayat the word Bai` (trade) is Àam. Bai` literally means the
exchange of goods for goods, and its objective is to benefit and
increase wealth. Allaah, has consented to and permitted trade,
whatever is included under its definition. However, Allaah, has
excluded Riba from this consent.
The literal meaning of Riba is ‘to increase’. From the first part of the
sentence, we understand that by whatever means one exchanges
wealth for increase will be permitted, but the second part, which is
adjoining, tells us that the increase in wealth (Riba) is impermissible.
However, it does not elaborate on the type of increase. This, therefore
makes every type of increase in trade doubtful, in that it could be the
impermissible one. This second sentence gives rise to Takhsees, of the
first part of the sentence. This means that there are some ways of
increase, resultant of trade which are permissible. This makes the
54
consent of increase in trade zanni and not an absolute ruling, because
there is the possibility of some increase being Haraam.
Thereafter, the increase which Allaah, mentions in the Aayat
(Riba), is further explained to us by His Nabi . It is stated in the
Hadith Shareef, “Ubadah Bin Saamit reports that Nabi  said, ‘(The
exchange of) gold for gold must be in equal measure, silver for silver
in equal measure, dates for dates in equal measure, salt for salt in
equal measure and barley for barley in equal measure. Whoever takes
or gives extra, has engaged in Riba. You may trade gold for silver as
you wish (i.e. for whatever exchange quantities), (but this exchange
must be) from hand to hand (i.e. cas exchange). You may trade wheat
for dates as you wish, but it must be hand to hand. You may trade in
barley for dates as you wish, but it must be hand to hand.”
From this we understand that if two of the same type of goods, which
are weighed, are being traded in then the exchange must be in equal
quantities. If one exchanges a quantity of wheat for wheat, then both
the quantities must be the same, extra on either side will be Riba. Even
if this excess quantity is not apparent, and on the façade it appears
equal, then too it will be impermissible. For example, if someone
exchanges 5kgs. of wheat taken today for another 5kgs of wheat
which is returned in a few days time, then this will be impermissible,
because although the quantities are equal, nevertheless, there is
difference in the value of the wheat of todays and a few days later. This
delay in exchange is regarded as an excess, in meaning (figurative).
This trade will also be haraam, because it is not permissible to deal in
55
the same type of goods on credit.
If two of similar types of goods, which are weighable, are exchanged, as
mentioned in the Hadith, like gold for silver, barley or wheat for
dates, etc. then disparity in quantities is permissible. So it will be
permissible to exchange two kgs. of wheat for ten kgs. of barley or
dates. Since the condition is that they must be weighable items, hence
credit dealings here will be impermissible. The exchange of 10kg.
wheat for 20kg. barley must be contracted, finalised and exchanged
in the same venue/ session.
The ruling of permissibility is limited to some individual types of
trade, and some types of trade are excluded from this ruling of
permissibility. That is, they have been made Takhsees from the ruling
of permitted trade. This makes the ruling of trade zanni and not
absolute (Qatì). This leaves the possibility that there could be other
types of trade which are excluded from this permission if some proof
is presented.
The summary of this is that there are two types of Àam. Firstly, that
type wherein there is no exceptions and exclusions (Takhsees) in the
ruling and this ruling is established with absoluteness, wherein there is
no doubt. Rejection of this ruling is tantamount to kufr.
Secondly, that Àam wherein there is Takhsees made to it, once. This is
known as Àam Makhsoos Minhul Baàdh. The ruling of this type is
that compliance to the included individual constituents is established
by way of zann. And also, the fact that there always remains a
possibility that the ruling does not apply to some constituents.
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However, the ruling will apply to the remaining constituents, as long as
another proof is not presented, making further Takhsees. The verdict
of kufr will not be applied to the rejecter of this ruling.
The limit of Takhsees in Àam

When it has been realised that there can be Takhsees in Àam,
(Takhsees meaning that there are some constituents of Àam which are
excluded from the ruling which applies to Àam), then it is also
necessary to know how many constituents can be excluded from the
ruling of Àam. That is, what is the limit of Takhsees?
One should understand that the Àam word, which insofar as its scale
is concerned, is a singular, even though this word may be used to
denote plural, for example, ‫ ﻣﺎ‬,‫ ﻣﻥ‬and that alif and laam which
appears on ism-e-jins, like ‫ﺍﻟﻣﺭﺍﺓ‬or that scale of jama` upon which
appears laam-e-jins, like ‫( ﺍﻟﻧﺳﺎء‬note that if laam-e-jins appears on a
plural word, then the plural meaning of the word is compromised),
then in all such cases, takhsees will be possible of all constituents
besides one. That is, even if only one constituent remains, the ruling of
Àam will apply on it and there is no problem. For example, ‫ﺍﻳﻘﻅ ﺍﻟﻣﺭﺍﺓ‬
‫ﻭ ﻧﻭّ ﻡ ﺍﻟﺻﺑﻳﺎﺕ ﻓﻲ ﺍﻟﺩﺍﺭ‬- Awaken the woman in the house and leave
the children to sleep
Even if there is one woman in the house, then this ruling will apply to
her. If there is no woman in the house then the order of ‘Awaken’ will
be superfluous. Takhsees on the instruction of (leave to sleep) is
incorrect. Similarly in the sentence
‫ –ﺍﻛﺭﻡ ﻣﻥ ﻓﻲ ﺍﻟﺑﻳﺕ ﻭ ﺍﺧﺭﺝ ﺍﻟﻅﺎﻟﻣﻳﻥ‬Honour whoever is in the
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house and expel the oppressors.
If even one non-oppressor remains, then it will be necessary to honour
him, and the Takhsees for expulsion will be valid. If no non-oppressor
remains, then there will be no constituent of ‫ ﻣﻥ‬leﬅ to honour, which
will render the order of honouring ineffective. For this reason it will not
be correct to make Takhsees from the exulsion. The object is that aﬅer
making Takhsees, there must be at least one constituent of Àam
remaining upon whom the ruling can apply. It is not permissible that
after making Takhsees not even a single constituent remains of Àam.
If the scale of Àam is plural, then aﬅer making Takhsees, there
must remain at least three or more constituents upon whom the
ruling of Àam must apply, otherwise Takhsees will not be valid. This
applies to words like ‫ ﻣﺳﻠﻣﻭﻥ‬,‫ ﺭﺟﺎﻝ‬,‫ ﺭﻫﻁ‬,‫ ﻗﻭﻡ‬.
In the sentence:
‫ –ﺍﻛﺭﻡ ﺍﻟﻣﺳﻠﻣﻭﻥ ﻓﻲ ﺍﻟﺩﺍﺭ ﻭ ﺍﺧﺭﺝ ﺍﻟﻔﺟﺎﺭ‬Honour the Muslims in the
house and expel the Fujjaar.
--There must be at least three Muslims remaining who must be
honoured. If there are less than three Muslims remaining, then the
order of “Honour” is superfluous. In essence, Takhsees must not be
such that there remains none upon whom the ruling of Àam must
apply.
CHAPTER NINE: THE DISCUSSION ON MUSHTARAK

Mushtarak is that single word which is specified and used for different
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things which are also of different type. For example the word, ‫ﻋﻳﻥ‬
which is used to mean different things, sometimes it means sun, or
girl, or gold or spring. Each meaning has a different connotation. Even
the word ‫ ﻗﺭﻭء‬which can mean menstruation and paaki.
The Ruling of Mushtarak

The ruling of Mushtarak is this that one should not decide on any one
meaning of the word without reflection, and investigation. One should
carefully reflect on the context and choose one meaning which will be
appropriate and suitable. When any one particular meaning is found
with relevant proofs, then compliance and practice thereupon is
Waajib. However, one will not be looked on that word, since it is not
absolute. A Sharì example of this is the word, ‫ ﻗﺭﻭء‬which appears in
the Quràan Majeed. The meaning of this word could either be haidh
or tuhur. The Aayat states that divorced woman should wait (spend an
iddat of) three ‫ ﻗﺭﻭء‬. Now, based on this Aayat should a woman wait
for three haidh periods or three tuhur periods? Both these meanings
are complete opposites, hence one has to carefully reflect on these
meanings. If the meaning is taken to be haidh then a woman has to
wait three full haidh periods for her iddat to end and like she will have
to wait three full tuhur periods if the meaning is taken to be tuhur. The
Aimmah-e-Mujtahiddeen have carefully reflected upon this word.
Imaam Abu Hanifah (rahmatullah alayh) had opted for the word to
mean haidh in this context.
When one carefully studies the word ‫ ﻗﺭﻭء‬then it will be noted that it is a plu
taken to be haidh, then it will be possible for a woman to practice on
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the full three haidh which follows her divorce, but if the word is taken
to mean tuhur (as taken by Imaam Shaafi -rahmatullah alayh), then a
full three is not possible, it will either be more or possibly less than
three. This has been explained in the discussion of Khaas.
Note: As long as a meaning for a Mushtarak word is not clear,
reflection and investigation has to be made on it. Two meanings cannot
be taken for one Mushtarak word. As with the example of ‫ ﻗﺭﻭء‬it is not
possible to take both the meanings of the word, because these meaning
are direct opposites of each other. Even if the meanings of a Mushtarak
word are not opposites, it will not be permissible to take two meanings
at once.
CHAPTER TEN: THE DISCUSSION ON MUAWWAL

When any one word of the Mushtarak is preferred and specified, then
that word is now called Muawwal. Aﬅer a particular meaning has been
found, then the word is no longer called Mushtarak. Like the word in
the Aayat was Mushtarak before the Aimmah-e-Mujtahiddeen has
reflected and investigated it. After the Mujtahiddeen had specified its
meaning, then it became Muawwal.
A preferred meaning (zann-e-ghaalib) is attained by examining the
scale of the word and /or by reflecting on the context of the word.
Muawwal is established by means of zann-e-ghaalib, hence practice on
it is Waajib.
However the preferred meaning is not in the category of absolute.
There is the possibility that another meaning taken by another
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Mujtahid is correct. In summary, the ruling of Muawwal is zanni
and not Qatì (absolute).
SECTION THREE: THE SECOND TYPE IN THE DISTRIBUTION

OF LETTERS
The first type in the distribution of letters in the Quràan Majeed was
regarding the context and meanings of words. This second type
explains the proofs, conditions and strata of the meanings.
As far as clear indications of speech is concerned there are four types;
Zaahir, Nass, Mufassir and Muhkam.
Zaahir – This is that speech whose import is clear to the listener, and
it conveys such a meaning to the listener which is not (really) the intent
of the speaker.
Nass – This refers to that speech whose import and meaning are even
clearer to the listener than that of zaahir, because this is also actually
the intended meaning of the speaker, and this is the real reason for the
speech in the first place. A Sharì example of zaahir and nass is found
in the following Aayat, “Make Nikah with what you are able to from
the women; two, three or four.”
In this Aayat, Allaah, had consented to a man marrying up to four
wives at the same time. The actual reason for this Aayat is to show this
limit. To marry more than four wives at a time is not permissible.
Therefore, this Aayat is nass insofar as indicating the limit (of four).
However, from the wor ‫ ﻓﺎﺗﻛﺣﻭﺍ‬in the Aayat, the listener understands
that to make Nikah is permissible in Islaam, however the consent to the
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institution of Nikah was not the import of this particular Aayat. The
permission for Nikah is evident in itself.
Mufassir – This refers to that text whose meaning is even more
evident and clearer than nass. The clarity is so plain, that to make any
exceptions upon it (Takhsees) or to reflect upon its import it
superfluous. The Aayat, ‫“( ﻭ ﻗﺎﺗﻠﻭﺍ ﺍﻟﻣﺷﺭﻛﻳﻥ ﻛﺎﻓﺔ‬And fight with the
Mushrikeen, all of them”), is nass insofar as the instruction to fight is
concerned, because it was revealed to show this. However, there would
have remained the possibility that some Mushrikeen could have been
excluded. The word ‫ ﻛﺎﻓﺔ‬totally removes this possibility of any
exceptions. It denotes that all Muskrikeen are included in this order.
Ruling of Mufassir – Whatever ruling is established for Mufassir
is absolute and certain, it must necessarily be complied with. There
remains no doubt in it, except the possibility of naskh (abrogation), i.e.
that the ruling has been abrogated.
Muhkam – When there is corroboration and clarity in a Mufassir
text, and the possibility of abrogation does not exist, then such text is
classified as Muhkam.
Note: The possibilities of abrogation and interpretation are removed
in two ways.
Firstly if an Aayat of the Quràan Majeed shows a quality of Allah
Taàla then it is Muhkam, because the Being and Qualities of Allah
Rabbul Izzat will never change or diminish. For example, “Indeed
Allah Taàla is aware of all things.” There can never be any possibility
of this Aayat being abrogated. Another example is that where our Nabi
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 said, “Jihaad is continuous since Allaah, sent me until the last of
this Ummat destroys Dajjaal.” This Hadith indicates perpetuity. From
this we understand that the institution of Jihaad will not be abrogated.
In the two abovementioned examples the Aayat and Hadith themselves
denote that their respective rulings and connotations will not be
abrogated.
Secondly, the possibility of abrogation of some rulings existed
during lifetime of our Nabi . This possibility ceased with his demise.
The first is called Muhkam Li ‘Ainihi and the second Muhkam Li
Ghairihi.
Part One
Speech, regarding its clarity is divided into four types. The ruling of the
four is this absolute in its indication of the Madlool. The level of
absoluteness in all of them is the same, practice upon it is Waajib.
However, as far as clarity is concerned Muhkam is the highest and
Zaahir is the lowest. This is the reason why in these types there is no
Ta’aarudhe-Haqeeqi.
Ta’aarudh-e-Haqeeqi is when two proofs are placed together then they
reach the level of equality. Clarity is found in all of these (four types),
some of a higher level and others lower. If there is a confrontation
between any of them then preference will be given to the higher level. If
there is a clear “conflict” between two Aayats, where the rulings are
different, then nass will be given preference over zaahir, mufassar over
nass and Muhkam over Mufassar. One single Aayat can contain zaahir,
nass, mufassar and muhkam. But it is not necessary that if it is zaahir
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it will also be nass.
An example of a confrontation between zaahir and nass in the
Quràan Majeed, “And besides these (women) all the others are
Halaal for you.”
Aﬅer mentioning about the mahram females, Allah Taàla says that
Nikah is permissible with any other woman. The zaahir meaning is
understood to be the consent of marriage to any woman besides the
mahrams, whether it is ten or fiﬅy, this Aayat does not place any limit.
This Aayat is in the category of zaahir regarding its indication of
general consent (to marry).
Another Aayat “Make Nikah from what you are able of women, two,
three, four”, stipulates the limit of four. There seems now to be a conflict
between these two Aayats. The first one giving general consent,
whereas the second on places the limit of four. However, the first Aayat
is in the category of zaahir, and the second nass. Since nass has
preference over zaahir, it is established that more than four wives is not
permissible.
An example of a conflict between nass and mufassar

Nabi  said regarding the Mustahaadhah (woman who bleeding does
not stop), “She should make wudhu for every Salaat, and she should
fast and perform Salaat”. The actual import of this Hadith is to show
the ruling regarding the tahaarat (purity) of the Mustahaadhah, that
as long as the blood continues flowing how she should attain
cleanliness. Her wudhu does not remain intact so it explains how she
should perform Salaat. The objective of this Hadith is to show that
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whenever she wishes to perform Salaat she should renew her wudhu.
If for example, she performed her Zuhr Salaat with one wudhu and
then during this same Zuhr time she wishes to perform any Qadha
Salaat, then it will be necessary to renew her wudhu. This is the ruling
according to Imaam Shaafi (rahmatullah alayh).
It is reported in another Hadith, “She should make wudhu for every
Salaat-time.” From this wudhu it is established that she need not
renew her wudhu for every Salaat. She only has to renew the wudhu for
every Salaat-time. With one wudhu during one Salaat time she may
perform as many Qadha, Nafl or other Salaats that she wishes. This is
the ruling according to Imaam Abu Hanifah (rahmatullah alayh).
The first Hadith is nass for making wudhu for every Salaat that is read,
however there is the possibility that the words “for every (Salaat) time”
can be added or meant. The second narration has a further dilation
where the time-factor is added. There remains no possibility in the
second Hadith. This is the reason why Imaam Abu Hanifah
(rahmatullah alayh) preferred the second narration, and he has taken
the implication of time in the first narration and made it Muawwal,
which leaves no conflict between the two narrations.
An example of a conflict between Mufassir and Muhkam is found in
the Aayats, “And take the testimony of two just men from amongs you
(for your dealings).” From this Aayat we understand that whoever is
just, he can be made to testify and his testification is permissible.
Hence the person who has been lashed for slandering a chaste woman
and repented, can also be taken as a witness, because aﬅer repentance
65
he can again be classified as just. However, in another Aayat, “And do
not accept from them (whoever has been lashed for slandering a chaste
woman), testification, ever”, we realise that such a person cannot be
used to testify in an Islaamic Court. Such a person forever remains
unreliable. Since this second Aayat is Muhkam, it is preferred over the
first.
Part two
The discussion on the opposites of the second type
There is no confrontation between th categories of this second type.
Zaahir comes under nass and nass can be included in mufassir. It is
necessary to dilate on the opposites of this second type so that their
reality becomes even clearer. It is necessary to know the opposite of a
thing in order to understand it better. Whoever has not seen darkness
will not properly understand the reality of light. In the first type, each
one of the categories were opposites of the other, like Khaas and Àam.
That word which is Khaas can never be Àam, and vice versa.
Those two things which cannot exist together at one place and time,
are opposites of each other. The opposites of zaahir, nass, mufassir and
Muhkam are khafi, mushkil, muj mal and mushabeh.
The opposite of zaahir is khafi.
Khafi: This refers to that speech whose meaning, insofar as the
dictionary definition is concerned, is clear. There is no hidden element
in it as far as its scale is concerned. However, the connotation of this
speech becomes unclear because of some inherent factor, besides its
scale.
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Ruling
A search and investigation must be made to determine the object of
the khafi. Khafa comes in a word to indicate either to give strength or
weakness to the meaning. In the Aayat, “Cut off the hands of the male
and female thief”, the meaning of saariq (thief) is clear. It refers to the
person who steals something which is protected, at the time when the
custodian (owner) is unwary, i.e. he is sleeping, etc. From this Aayat we
understand that the hands of the saariq should be cut off.
However, the word saariq does not wholly refer to some types of theﬅ,
like pick-pocketing and kafan theft. According to the literal
definition, these types of theft are also referred to as saraq, because in
reality theft is taking place. But, in theﬅ also there are degrees of
strength and weakness. The (Arabic) terms are also different (for the
different types of theﬅ). The word ‫ ﺿﺭﺍﺭ‬refers to a pickpocket and
‫ﻧﺑﺎﺵ‬refers to one who steals kafans. In reality, there is some khafa in
their theﬅ, hence some investigation needs to be carried out before the
punishment of theﬅ (saraqa) is meted out to them.
Aﬅer investigating, we realise that the reality of theﬅ is strong in a
pickpocket, because he steals from someone whilst they are awake and
in their presence. The reality of theft is weaker in a kafan thief, because
there is no real protection for the kafan of the deceased.
Since the perpetration of the pickpocket is greater than that of a
normal theﬅ, he deserves to have his hand cut off all the more than a
‘normal’ thief. Whereas the hand of a kafan thief will not be cut off since
his crime is less than the others. It is not necessary or binding that the
67
punishment which is meted out to a thief for a ‘normal’ theﬅ, be also
meted out for a lesser crime. Since there is a doubt in meting out the
punishment, the hand of a nabbaash will not be cut. Some other
punitive measure will be meted out to him.
The opposite of nass is mushkil
Mushkil: Mushkil is when the khafa (ambiguity) is found in the
actual scale. The khafa of mushkil is greater than that of khafi. The
reality of mushkil is not found by mere investigation. There is a need
for reflection and deliberation also. There are many possible meanings
to be found for one mushkil, where every one of them could be the
correct one. It is like a person who changes his features and dress and
mingles in a crowd. In order to find him, first a search has to be
undertaken and thereaﬅer he will only be recognised aﬅer some
deliberation and detection.
Ruling: The ruling is that aﬅer investigation, reflection and
contemplation is also necessary, and until no certainty is ascertained,
one should hold this belief that whatever Allaah, meant (in that text)
that is Haqq.
An example is in the Aayat, “Your women are like planting fields unto
you. Therefore go to your plantations however please.” The word ‫ﺍ ّﻧﻰ‬
(annaa - however), in this Aayat is mushkil. This word also comes in
place of ‫ ﺍﻳﻥ‬to denote place, like in the Aayat, ‫(“ ﺍ ّﻧﻰ ﻟﻙ ﻫﺫﺍ‬O
Maryam!) From where did you get this (out-of-season fruits)?” This
word also comes in the meaning of ‫( ﻛﻳﻑ‬how), as in the Aayat, ‫ﺍ ّﻧﻰ‬
‫“ﻳﻛﻭﻥ ﻟﻰ ﻭﻟﺩ‬How am I going to bear a child?”
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The issue here is how this word will be interpreted in the Aayat in
question. If the translation is taken as being the same as ‫ ﺍﻳﻥ‬then it
will mean that a person can have intercourse with his wife through any
opening he wishes, front or back. That is, even sodomy will be
permissible, Nauthubillah! If the meaning is taken to be as ‫ ﻛﻳﻑ‬then it
will mean that just as intercourse through the front is permissible, so
will it be permissible to enter through this way in any method and
manner desired. That is, it is not necessary to have intercourse in any
fixed position.
Now, aﬅer some contemplation and thought, we realise that only the
second option is possible and permissible. The reason being that the
word ‫( ﺣﺭﺙ‬planting field) is used in the Aayat, and a planting field
yields fruits and vegetation. Similar with intercourse. The object of
having intercourse is to yield ‘crops’ in the form of children.
Procreation is the objective, and this can only be realised when
intercourse is enacted through the front passage of the wife.
Intercourse from the back passage (anus) is useless in procreatin.
Also, if the word is taken to mean ‫ ﺍﻳﻥ‬then the use of the word
‫ﺣﺭﺙ‬in the Aayat would be superfluous, and we know that no Speech
of Allaah, is superfluous or without wisdom.
The opposite of Mufassir is Mujmal.

Mujmal: This is where the khafa is even more intense than Mushkil.
The clarity of meaning and import in Mufassir is of a high level,
similar is the level of khafa in mujmal. The import and meaning of
mujmal is such that it cannot be understood or fathomed without the
69
dilation and clarification of the speaker himself.
There can sometimes be a unification of the various options in
meanings of the mujmal.
Sometimes the meaning and import of a mujmal word can be a
seldomly used one. For example in the Aayat, Allaah, says, “Indeed
man has been created halloàa”, the word halooàa is a strange and
seldomly used word, whose meaning is unknown, hence mujmal. The
meaning of this is explained in the following Aayat, where Allaah,
says, “When any calamity afflicts him, he fears (he continuously turns
to Allaah, and plots and plans to remove the calamity), and
whenever goodness befalls him, he holds his hands (becomes miserly
and unappreciative).”
Sometimes the meaning of a word can be mujmal owing to the fact
that the speaker shiﬅs the usage of the normal zaahir meaning of the
word to be a lesser used meaning. For example, the words, Salaat,
Zakaat and Riba, which according to the dictionary, mean;
supplication, purify and to increase, respectively. However, Allaah,
has taken them to mean specific things. There are three types of
mujmal. All three are not discernable without the explanation of the
speaker.
Ruling: The ruling is that whatever meaning Allaah, had intended
for that word, it is Haqq, and we accept it fully. We should patiently
bear the unclarity in meaning until the speaker has clarified it. If the
speaker wishes then he will clarify it and if aﬅer this clarification, there
is need for further reflection, then it should be carried out.
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Mutashaabeh: This is the opposite of muhkim. This refers to those
words whose true meaning can never be determined by logic or
intellectually in this world. To investigate and reflect on these words is
also useless.
Ruling: The ruling for this type of words is that there should always be
silence maintained regarding their meaning. We accept that whatever
their meaning is, there is truth in it. For example, ‫( ﺍ ﻝ ﻡ‬Aleef
Laam Meem). We accept that only Allaah, alone knows their true
meaning.
SECTION FOUR: THE THIRD TYPE IN THE DISTRIBUTION OF

LETTERS (i.e. The method of usage of the letters)
Aﬅer the meaning of a word is specified, then insofar as their usage is
concerned there are two categories; haqeeqat and majaaz. Before we
discuss the implications of these two categories, we need to know the
meaning of wada` (specification).
Wada`: A definite meaning should be specified for a word in such a
way that whenever that word is spoken, then its meaning should be
understood without context. There are a few types of wada`.
Wada` Lughwi – If the meaning of a word is in accordance to its
dictionary usage. For example, the word ‫ ﺍﺳﺩ‬which according to the
dictionary means, lion – the animal.
Wada` Urfi Khaas – This is where a particular group have specified
the meaning of the word. For example, the word ‫ ﻓﻌﻝ‬which according
to the experts of Arabic grammar, means a word which denotes tense
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and has meaning.
Wada` Urfi Àam – This is where the general public have coined the
usage of a word. For example, the general people have specified the
word ‫ ﺩﺍﺑﻪ‬to refer to four-legged animals.
Wada` Sharì – This is where the Shaarì (Allaah,) has specified the
usage of certain words, like Salaat, which denotes a specific form of
ibaadat in the Shariah.
In all the above categories of Wada`, the actual word is called the
Maudoo` and its corresponding meaning, the Maudoo` Lahu.
Haqeeqat: When the speaker uses a word for that meaning which is
Maudoo` lahu (specified in one way or the other) for it, then we say
that the word is the haqeeqat of its meaning. For example, when it is
said, “The lion came”, then in such a case a real animal lion is meant.
Majaaz: When the speaker uses a word to mean something other than
the Maudoo` lahu meaning, then we say that the word is majaaz to its
meaning. For example, if it is said, “The lion came”, then in this
sentence some brave person is meant by the use of the word lion.
PART ONE: THE DISCUSSION ON HAQEEQAT
The ruling of haqeeqat

The ruling is that the Maudoo` lahu meaning is established for the
word. For example, in the Aayat, “O you who believe, make Ruku”,
Allaah, intends that the believers make the physical act of Ruku.
This is what is desired of them.
Note #1: Any word, be it khaas or Àam, its usage can be in the
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context of haqeeqat. For example the word ‫( ﺍﺳﺩ‬meaning lion) is
khaas and can be used as haqeeqat and the word ‫( ﺍُﺳ ٌﺩ‬meaning
many lions) which is Àam can also be used in a haqeeqat context.
Note #2: When any word is used, then its meaning should be taken as
the Maudoo` lahu meaning, as long as it is possible to practice on this
meaning. If for any reason it is not possible to practice on this
meaning, then the meaning can be taken as majaaz, and the meaning
is to be taken as ghair Maudoo` lahu. For example, the sentence, “The
lion came” will be taken as referring to a real four-legged lion, and the
sentence, “The Lion recited” will be taken to refer to some brave
person.
Note #3: One should remember that it is not proper to negate the
Maudoo` lahu meaning of a word. For example, it would not be
correct to say ‫ ﻟﻳﺱ ﺑﺎﺳﺩ‬for a real lion. However if it is said as an
exaggeration, then that is something else. It is correct to negate the
word if it has a ghair Maudoo` lahu meaning. It will be correct to call a
brave man a ‘lion’, and it would be correct to say ‫ ﻟﻳﺱ ﺑﺎﺳﺩ‬in this
context. A father is called ‫ ﺍﺏ‬so it would be incorrect to say ‫ﻟﻳﺱ ﺑﺎﺏ‬.
A grandfather can be called ‫ ﺍﺏ‬majaazan, and it would be correct to
say ‫ ﻟﻳﺱ ﺑﺎﺏ‬in this context.
Note #4: Any word can be used either in its haqeeqi or majaazi
context, it cannot be used to mean both at the same time. For example,
it cannot be meant, “Don’t kill the lion and brave man” by saying ‫ﻻ‬
‫ ﺗﻘﺗﻝ ﺍﻻﺳﺩ‬. One cannot use a single scale to indicate both meanings
at the same time. In the same way, the usage of one word cannot be
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used to mean both haqeeqi and majaazi meanings at the same time.
Note #5: Some times a majaazi meaning of a certain word becomes
so vogue that whenever the word is spoken the majaazi meaning is
accepted. This is to such an extent that the haqeeqi meaning becomes
incorporated into the majaazi meaning. In such a case, there would be
no harm if both words are meant when it is used. However, to
purposely unite the two usages would be incorrect. For example if
someone says, “I will not put my foot in the house of so and so ”, then
the haqeeqi meaning of “the house of so and so” would be his own
house and the haqeeqi meaning of “foot” would be naked foot.
However, in common usage (majaazan), “the house of so and so” would
refer to his living quarters, and “foot” would mean enter. So the object
of this sentence is that the speaker is saying he will not enter the place
where so and so lives, be it with his naked foot or with shoes on, or be it
his own house or rented. Whether the speaker enters the house with
shoes on or not, he will be regarded as having broken the promise.
Note #6: When the haqeeqi meaning becomes a difficult issue, i.e. it
is Haqeeqat Mutaàzzirah, or the haqeeqi implementation is not
difficult but the normal and habitual usage of that word is meant in
majaazi context, i.e. haqeeqi mahjoora, then the majaazi meaning will
be taken.
An example of haqeeqi muta àzzirah

When a person takes an oath as follows, “I take an oath in Allaah’s
,Name, I will never eat from this date-palm”, then if he eats the
leaves or bark of the tree he will not have broken his oath, whereas in
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reality he is supposed to have broken it. In practice it is difficult to eat
the leaves or bark of the tree, hence the statement of the speaker is
taken to mean the norm and that which is not difficult. Therefore in
this case, the majaazi meaning is taken and the statement will be
taken to mean only the dates themselves and not any other part of the
tree.
An example of haqeeqat mahjoora

When a person taken the oath, “I take an oath in the Name of Allaah,
that I will never place my feet in Zaid’s house”, then if this person
stands outside Zaid’s house and places only his feet in Zaid’s house,
then in reality he is supposed to have breached his oath. This action
will also not be difficult to do, but in normal speech the statement
“Will not put feet in” refers to entering and not in the literal sense.
Therefore in this case also, the normal usage will be taken into
consideration and this person will only be regarded as having
breached his promise if he enters Zaid’s house.
Note #7: Sometimes the haqeeqat is not totally leﬅ out, it is used, but
the majaazi meaning has gained greater popularity amongst the
masses. Or the majaazi meaning is the one that comes first to mind
when the statement is made. In such circumstances, Imaam Abu
Hanifah (rahmatullah alayh) gives preference to haqeeqi meaning,
whereas Saahibain (rahmatullah alayhima) opt for the majaazi. For
example, if a person says, “I take an oath in Allaah’s, Name, I will
not eat of this wheat”, then the reality is that he will not eat the pods of
the wheat plant. This haqeeqi meaning is also acceptable and in use.
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People roast the wheat pods and eat them, sometimes they crush and
chew them. Therefore, according to Imaam Saheb, if this person roasts
and crushes the pods of wheat and eats them he will be regarded as
having breached his oath, and not by eating the bread which was
made using this wheat. Saahibain, on the other hand take the majaazi
meaning and say that if this person eats the bread made of this wheat,
he will have breached his promise. Or according to Umoomul majaaz,
a person will have breached his oath if he eats the bread of this wheat
or if he eats the roasted and crushed pods.
PART TWO: The discussion on the context of leaving out the

haqeeqat
Since we have realised that sometimes the haqeeqat is leﬅ out or
mahjoor, then it is only appropriate that we also know the context and
contributing factors. Haqeeqat is left out due to five factors:
1. When the context is something which is vogue or the norm.
For example, when a person says, “I take an oath in the Name of
Allaah, that a hajj is binding on me”, then the haqeeqi meaning of
hajj is to intend, but according to the Shariah hajj is the name given to
a specific ibaadat. Since in an oath a Sharì ruling is sought, therefore
this majaazi meaning of the word hajj will be taken and the haqeeqi
meaning will be leﬅ out.
2. The word itself is such that when the haqeeqi meaning is leﬅ
out, the elements of the letters of the word become the context. There is
no need for an external context. This occurs at such an instance when
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such a meaning is taken for a word where its constituents are not of
the same type. Some constituents have so much intensity that they no
longer remain a constituent of the word and some have such weakness
that it is as though they no longer can be classified as a constituent of
the Maudoo` lahu.
An example of those constituents whose meaning is more
intense/greater than the Maudoo` lahu
The word ‫( ﻓﺎﻛﻬﺔ‬fruit) is utilised for those things which are eaten for
sweetness, taste and vigour. Watermelon, sweet-melon are also
constituents of this word, so are grapes, pomegranates and dates.
Together with sweetness and taste, dates, pomegranates and dates
provide nutrition and sustenance. A person can survive by only
eating grapes, he will not starve. However, by eating watermelon or
sweet-melon, a person’s hunger will not be satiated. This is not a
substitute for food. It is only eaten for its taste. Grapes, dates and
pomegranates have more than the normal definition of fruit, and it is
as though they are not even constituents of the word fruit, but rather
they fall under the category of foodstuff. Therefore if anyone makes
the following oath, “I take an oath in Allaah’s, Name, I will never
eat fruit (faakiha)”, then if he eats pomegranates or dates, then he will
not have breached his oath, because it is as though these items are not
classified as fruits. The wor fakihah will only apply and refer to
tasteful and ‘pure’ fruits.
An example of those constituents whose meaning is less intense than
the Maudoo` lahu
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The word ‫( ﻟﺣﻡ‬meat) originates from the word ‫ ﺍﻟﺗﺣﺎﻡ‬whose meaning
is something sharp and forceful. Since meat constitutes blood which
has the quality of force, hence meat also shares this quality, which
gives rise to the word ‫ ﻟﺣﻡ‬for meat. The word ‫ﻟﺣﻡ‬ is used for
that thing which has vigour in it.
Meat is made up of two constituents; one is the meat of land animals
and the other of sea animals. The meat of fish is also called ‫ ﻟﺣﻡ‬as it
is mentioned in the Aayat ‫ﻭ ﺗﺎﻛﻠﻭﻥ ﻟﺣﻣﺎ ﻁﺭّﻳﺎ‬.
However, the meat of fish is so deficient (according to the initial
definition of meat) that it is as though it does not even fall under the
classification of meat. In reality, a fish does not have blood, because a
creature which has flowing blood cannot survive under water.
Hence, if a person takes the oath, “I take an oath on Allaah’s, Name,
I will never eat meat”, then if he eats fish, he will not have breached his
promise.
3. Sometimes the haqeeqat is leﬅ out because of such a context
which is not part of the haqeeqat but it is adjoining. For example, if
someone says, “Divorce my wife, if you are a man”, then in reality
(haqeeqat) he is making someone else his representative in divorcing
his wife. However, the adjoining words, “if you are a man”, make it
apparent that the object of the speaker is not to give the choice of
divorce to the listener but rather to make evident his helplessness and
also to tease him.
Similarly, the words of Allaah,, “And whoever wishes, he may believe
and whoever wishes he may make kufr. Indeed, We have prepared for
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the oppressors, The Fire.” The haqeeqi import of the Aayat is that
Allaah, is giving the choice of believing and not. However, the
adjoining context of “Indeed, We have prepared for the oppressors,
The Fire”, makes us realise that the haqeeqi meaning is o be
abandoned. A warning is sounded for kufr
4. Sometimes the haqeeqi meaning is leﬅ out owing to an
adjoining sentence of the speaker or a specific intention. For example,
a person may say to his wife in a rage of anger, “If you go out, you
are divorced”.
The haqeeqi meaning is that whenever the wife leaves the home aﬅer he
said this, she will be divorced. However, the state of anger of the
husband is taken into account and this statement is taken to only
mean the present situation. Logic dictates that when his anger cools, his
intention of divorce no longer holds if she goes out. His condition of “If
you go out” holds good only for the duration of his anger.
5. Sometimes the speech does not even warrant being taken with
its haqeeqi meaning. The contributing factor to this will be the reason
this statement was made in the first place. Like the statement of Nabi
, “Indeed actions are (based) on their intentions.” The haqeeqat of
this sentence is that the existence of actions depend on their
intentions, whereas many actions are carried out by the hands, feet,
etc. and there is no intention attached therewith. Therefore, we realise
that something is missing from this sentence, and that is the following,
“Good actions and evil actions are (based) on their intentions.” If the
intention is good, then the action is good, even though it may seem bad
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on the external. Likewise, the action is bad if the intention is bad,
regardless of how nice it may appear externally. It is apparent that
some parts are missing in this sentence.
Also in the Hadith, “Mistakes and forgetfulness have been liﬅed from
my Ummat”, it appears according to the haqeeqi that this Ummat do
not make mistakes nor forget. However, this is not the meaning. The
meaning of this Hadith is that the sins committed in error or
forgetfully are overlooked (by Allaah,). They are forgiven. They will
not be reckoned for in the Aakhirat (hereaﬅer).
PART THREE: THE DISCUSSION ON MAJAAZ

The definition of majaaz has been discussed previously, where the
ghair Maudoo` lahu meaning is taken instead of the Maudoo` lahu
meaning.
That is, if another meaning is to be used for a word instead of the
haqeeqi meaning, then there has to be some sort of connection and
relation between this meaning and the haqeeqi meaning. If there is no
connection between the two meanings, then this cannot be called
majaaz. So if for example someone says, ‘sky’ and means the earth,
then this is totally incorrect.
Insofar as this connection is concerned there are two types. This
connection can be either in form or meaning. If it is in form then it is
called Majaaz Mursal and if this connection is in meaning then it is
termed, Istiàara.
The meaning of the connection being in form is that externally and
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apparently there appears to be a connection between the two (majaaz
and haqeeqi), without any medium. It is also clear that there is no need
for any other factor wherein the connection needs to be sought.
However, there is no need for these two to be inextricably linked, where
they cannot be separated, like rain and the clouds, where these two
have such a strong bond in form, that they are regarded as one. It is
however, possible for there to be clouds and no rain. This is a
discernable material example. A Sharì example would be the
acquisition of mielk-e-mutà (right of cohabitation) which goes
together with mielk-e-raqaba (ownership of a slave-woman).
A connection in meaning means that the two things depend on a third
thing for their connection, and also that the two things share the same
quality. For example, ‘lion’ and a brave person, both share the quality
of valour. Other than this, there is no outer connection between the two.
The Sharì reality of a connection in meaning is that one of the two
things must have a specific Sharì connotation, and the second thing
should share some similarity. For example, sadaqah (charity) and
hibah (giﬅ). Sadaqah means to make someone else the owner of (one’s)
wealth without any exchange. Hibah also has the same meaning. Both
share the quality of passing ownership without any exchange (of goods
or benefit). There is a connection between the two in meaning. This is
why it will be permissible to interchange between the two words. The
difference is that sadaqah is suggestive of mercy and benevolence, and
it shows some sort of disgrace for the recipient. Whereas hibah
suggests honour and affection, and both the giver and taker deem it a
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sort of pride. There are 23 scenarios/types under the banner of
Majaaz-e-Mursal:
1. If there is a connection of reason (cause and effect - sabab and
musabbab) between the two. In this case the one can be applicable to
the other and vice versa. For example, rain and greenery/vegetation.
Rain is the cause of greenery and greenery is the effect of rain. It will
be permissible to say ‘rain’ and refer to greenery.
2. It is permissible for the musabbab to be applicable to the sabab.
For example, liquor is the musabbab and grapes are the sabab.
Therefore it will be permissible to refer to grapes and mean liquor.
An example of this is the Aayat, “Indeed I saw myself squeezing
liquor (grapes).”
3. Sometimes the connection between the two things is by part
and whole. One thing is the whole and the other a portion. In this
case the word for the portion may be used to refer to the whole which
is the haqeeqat. For example, to say ‘finger’ and mean fingertip,
would be correct. An example is in the Aayat, “They place their
fingers in their ears.”
4. The part is mentioned meaning the whole. For example, the
word ‘neck’ can be said to mean the whole body, as in the Aayat, “The
freedom of the neck (slave).”
5. Two things whose connection is inextricably linked (laazim and
malzoom). The inference of the one indicates the other. For example,
something that speaks and something which indicates speech (i.e. its
existence gives a message). For example, in the statement,
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“Everything speaks of the existence of Allaah,,” the indication is to
the message found in everything in existence and not to everything
actually speaking, because every existing thing does not have tongue.
6. The utterance of the one (malzoom) indicates the other
(laazim), like if it is said, “Tighten your trousers”, then the laazim is
meant, which is “Keep away from women”. Therefore it will be
permissible to say, “Tighten your pants” to indicate precaution from
cohabitation. Words similar to this are mentioned in the Hadith
Shareef regarding the last ten days of Ramadhaan, where Nabi 
abstained from cohabitation with his wives
7. Where two things have the connection of being conditional and
general. It is permissible to state the conditional meaning the
general, like using the word ‫ ﺷﻔﺭ‬which means a camel’s lips to
indicate the lips of any living thing.
8. To state the general and mean the conditional, like saying ‘day’
(‫ )ﺍﻟﻳﻭﻡ‬to mean The Day of Qiyaamah. As it appears in the Aayat, “To
whom belongs The Day.”
9. Where two things have the connection of Àam and Khaas,
and to mention the khaas meaning Àam, like saying ‫ﻧﺎﻁﻕ‬
(speaking being) and meaning animal.
10. To speak the Àam and mean the Khaas, alike saying ‫ﻣﻼءـﻛﻪ‬
and meaning Hadhrat Jibraeel and Mikaeel ( ).
11. Where two things have the connection of Idhaafat
(possession), when one is excluded and the other is used in its
place. For example in the sentence, “Ask the village”, the word
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“inhabitants” was excluded. It was supposed to have been, “Ask the
inhabitants of the village.” In this case, the one word was left out
and replaced by the other.
12. This is where the possessed thing is excluded, like in the
sentence, “The slave was hit”, the word ‘Zaid’ was left out. It was
supposed to be, “Zaid’s slave was hit.”
13. Where two things have a ‘neighbourly’ connection, and the
one is meant for the other, like “The drain/gutter ran.” Here is
meant that the water ran.
14. Where two things have a adjacent-like connection. That is, to
state the quality with which something is adorned, like to call a
student of Deen ‘faadhil’.
15. Where the quality whereby something was described in the
past, it is done so in the present as well. Like calling a fatherless
adult an orphan.
16. Where two things have the connection of one being a holder
and the other the held. So to mention the holder and mean the
held, for example, to say glass meaning water. So if a person says,
“Give me a glass”, then he means to give him a glass of water.
17. To mention the held and mean the holder, like saying, “He has
reached the Mercy of Allaah”, meaning he has reached Jannat,
which is the place of Allaah’s mercy.
18. Where two things have the connection of instruments. Like
the tongue is the instrument of speech. For example to say, “Long
tongue” means a person speaks too much, or to say, “His tongue
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moves excessively”, i.e. he speaks too much also.
19. Where two things have the connection of one being a
substitute/alternative for the other. Like saying, “blood” and
meaning diyat (blood-money).
20. Where two things are opposites of each other, and the one is
mentioned to mean the other. Like saying, ‘blind’ to mean a seeing
person.
21. To add an extra letter, like in the Aayat, ‫ﻟﻳﺱ ﻛﻣﺛﻠﻪ ﺷﺊ‬
(“There is nothing like Him (Allaah,)”, the letter ‫ ﻙ‬is extra.
22. For any letter to be excluded. For example, in the Aayat ‫ﻳﺑﻳّﻥ‬
‫ ﷲ ﻟﻛﻡ ﺍﻥ ﺗﺿﻠّﻭﺍ‬the word ‫ ﻻ‬is left out which comes after the ‫ ﺍﻥ‬.
23. To use a common noun in a positive sentence to denote
generality. For example, in the Aayat ‫ ﻋﻠﻣﺕ ﻧﻔﺱ ﻣﺎ ﺍﺣﺿﺭﺕ‬it
should be ‫ﻛﻝ ﻧﻔﺱ‬.
The discussion on Itiàara

When there is a connection in meaning between two things, then it is
called Istiàara. For example if it is said, “I saw a lion shooting an
arrow”, then a brave person is meant. The quality of valour and
bravery which is outstanding in a lion, is also used to describe a brave
person, because they share this quality.
In Istaàara one is called Mushabbah, like the brave person in the
above example, and the other is called Mushabbah Behe, which will be
the lion.
The connective medium (àlaaqa tashbeeh) will be bravery. There will
also be a contextual factor which indicates to the connection and
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whereby one will recognise Istiàara. In the example, this would be
“shooting an arrow”, because it is obvious that a lion cannot shoot
arrows, so the word ‘lion’ means a brave person.
PART FOUR: The Ruling of majaaz

The ruling is that whatever meaning ghair Maudoo` directs, that will
be established and compliance will be accordingly.
Note #1: Majaaz can also be khaas or Àam. For example, the sentence,
“I saw the lion shooting an arrow” is Khaas and “I saw the lions
shooting arrows”, is Àam.
Note #2: This is also possible that the word is Khaas and the majaaz is
Àam, because the generality (being Àam) in majaaz is due to the
ghair Maudoo` lahu meaning. For example, the word ‫( ﺻﺎﻉ‬a
measure of a wooden container) is khaas. It will be permissible to sell
one saa` for two saa`. However, whenever one mentions the word ‘saa`’,
then the actual container is not meant, in fact, whatever is being
weighed in the saa` is meant. Like it is said, “Give me one saa` wheat”.
Now since the mentioning of the word saa` means the contents of the
container, it is majaaz. When anything which is measured in the saa`
is spoken about then this is majaaz Àam, even though the word saa` is
khaas. For example, Nabi  said, “Don’t sell one dirham for two
dirhams, or one saa` for two saa`s” – now in this Hadith the word saa`
indicates to anything that is weighed and not the actual saa` container.
That is, whenever the same type of goods are transacted in they must
be of equal weights. One saa` of wheat cannot be exchanged for two
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saa` of wheat. Now in this context the word saa` is Àam in its usage
although it is a khaas word.
Note #3: Sometimes a word can be haqeeqi from one aspect and
majaazi from another. When a word shifts from its dictionary
meaning and takes on another meaning, then we call it Man qool. If
this movement of meaning is from the side of the Shariah, then we say
it is Man qool Sharì. If this movement in meaning is executed by a
group, then it is called Man qool Istilaahi. If this change in meaning is
due to common usage, then we call is Man qool Urfi. Like the word
‘Salaat’ – insofar as its dictionary definition it means dua
(supplication), but according to the Shariah this word is now used to
indicate the Ibaadat of Salaat.
Note #4: When the usage of the haqeeqi meaning of the word is
rare, then the word becomes used primarily in its majaazi context.
And if this majaazi usage becomes very common, then this majaazi
meaning will become haqeeqi.
Note #5: When a word’s majaazi meaning becomes so vogue, that
whenever the word is spoken, the majaazi meaning immediately comes
to mind, then it is called Majaaz Mutaàarif.
Note #6: This entire discussion was regarding the haqeeqat and
majaaz of individual words. The haqeeqat of sentences refers to the
connection of the verb to the haqeeqi faaìl (doer of the action). For
example, “Allaah, has grown the vegetation”. The meaning of
majaaz in the context of sentences is when the verb is connected to
something other than the haqeeqi faaìl. For example, “The rain has
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grown the vegetation.” ---in this case the rain is the apparent cause.
Note #8: If the meaning of any word is taken to be anything other
than the Maudoo` lahu meaning, and there is no connection or
correlation between the two meanings, then this is called, Murtajal.
This word is also the haqeeqat of this other meaning. Its usage has now
been specified for this new meaning.
PART FIVE: THE DISCUSSION ON SAREEH AND

KINAAYAH
Whether a word is haqeeqi or majaazi, it can either be Sareeh or
kinaayah.
Sareeh
This is the where the word is absolutely clear in its import. There is no
ambiguity or other possibility, whether it is haqeeqi or majaazi.
Regardless of what context the word is used, its common usage and
clarity leaves no doubt in its import and connotation. For example,
when a person says to his slave, “You are free” or to his wife, “You are
divorced”, then according to the Shariah, these words, owing to their
common usage and clarity are Sareeh and they leave no doubt or
alternative possibility (to meaning).
Ruling
There is no need for any intention to be present for the effect of a
sareeh statement to occur. The ruling will be as the speech states. That
is, (as in the above examples) the slave will be free and the wife will be
divorced. This effect will take place even if these statements come to the
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tongue without any intention.
CHAPTER FIVE: THE FIFTH TYPE IN THE DISTRIBUTION OF

LETTERS
With regard to the types of letters and the way they effect the rulings of
the Shariah, there are four categories;
Ìbaaratun Nazm, Ibaaratun Nazm, Dalaalatun Nazm and
Iqtidhaaùn Nazm.
Ibaaratun Nazm
If the word fully indicates to the Maudoo` lahu meaning or partially,
and it is also the speakers actual objective, then such an indication is
called Ibaaratun Nazm. It is also called Ibaaratun Nass. Such an
indication which establishes a ruling is called Thaabit Behe Ibaaratun
Nazm. When a Mujtahid proves any ruling with this indication, then it
is called Istidlaal Be Ibaaratun Nass.
Ishaaratun Nazm
If the word fully or partially indicates the Maudoo` lahu, but it is not
the actual objective of the speaker, then it is called Ishaaratun Nazm,
which is also called Ishaaratun Nass. If any ruling is established
thereby it is called Thaabit be Ishaaratun Nazm.
An example of Ibaaratun Nazm is, “(A fiﬅh of the booty is for) The
Fuqaraa Muhaajireen, those who were taken out of their homes and
wealth.” (The kuffaar annexed their wealth). The object of this Aayat is
to show that the Fuqaraa Muhaajireen are worthy of a 1/5 of the spoils
of war. Their share has been compulsorily stipulated. This has been
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established from the text of the Quràan Majeed. This ruling is
established by Ibaaratun Nazm. It is also termed Thaabit bin Nassil
Istilaah.
An example of Ishaaratun Nass (Nazm) is the statement of Allaah,,
“And (it is binding) on the fathers of the (breast-fed) children, their
(mothers) maintenance and clothing with goodness (in fair measure).”
The objective of this Aayat is to show the obligation of the maintenance
of women by their husbands. However the words which describe the
fathers, Mouloodil Lahu, indicates another meaning, which is not the
actual import of the original sentence. This part indicates the special
relationship the children have with their fathers. From this we realise
that the cause of the child being born is the (biological) father (who is
responsible for the maintenance). If the mere word ‘ab’ were to be used
then it would not have conveyed this meaning. From this we realise that
the lineage of the child is established through the father. If the child is
Arabian and the mother non-Arabian, then the child will be Arabian.
This (showing the lineage of the child) was not the actual objective of
this Aayat, hence this is known as Ishaaratun Nass (Nazm).
Another example of Ishaaratun Nass is the Aayat, “Cohabitation with
your wives has been made permissible for you, during the nights of
fasting (in Ramadhaan). ”The actual objective of the Aayat is to show
that cohabitation with one’s wife is permissible during any portion of
the nights of Ramadhaan. Even during the most latter portion of the
night.
However, cohabitation during the last portion of the night would
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necessitate bathing only aﬅer Subh Saadiq. This would mean that the
first few moments of the fast would have to be spent in the state of
major impurity (janaabat). From this we extract the ruling that there is
no harm to a fast if the first portion of it is in the state of janaabat. This
ruling is not the objective of this Aayat, it is a connotational meaning.
This is ascertained through Ishaaratun Nazm. That ruling which is
extracted through Ishaaratun Nazm is sometimes a portion of the
Maudoo` lahu meaning and sometimes it is integrally linked to it.
Dalaalatun Nazm
Where there is such a cause in the Maudoo` lahu meaning of a word,
that without any reflection, the listener immediately discerns it, and
this cause is the basis of the ruling of this Maudoo` lahu meaning.
Also, if this cause were in some other context/place, then too it would
yield or indicate this ruling. This indication is also the objective of the
speaker. This indication of the ruling of the word, which is not
mentioned is called Dalaalatun Nazm. For example, Allaah, says,
“And do not say to them (your parents), oof.” From this Aayat we
ascertain that children cannot even say the word ‘oof’ to their parents.
There is pain and hurt caused by the usage of the word ‘oof’, hence to
use this word is impermissible. So this word ‘oof’ also indicates that it is
impermissible to hit parents, because hitting would cause even greater
pain and hurt. Therefore the word ‘oof’ is Dalaalatun nass for the
ruling of impermissibility of hitting one’s parents. The Hurmat (being
made Haraam) of hitting parents is established through Dalaalatun
Nazm (Thaabit be Dalaalatun Nazm).
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Iqtidhaaun Nazm
If the indication of a word is on a preceding Maudoo` lahu meaning,
whose acceptance and establishment was necessary in the first
instance. Without this, the Maudoo` lahu meaning would be incorrect
according to the Shariah. That is, the Maudoo` lahu meaning is
dependant on this necessity (of accepting a previous indicative ruling).
Then the Maudoo` lahu will be the necessary corollary of it. The word
being indicative of a previous corollary is called Iqtidhaaun Nass. For
example, if a man says to someone, “Free your slave from me (i.e. on my
behalf).” How can the slave of the listener be freed on behalf of
another? Freedom must come from him, the owner. Freedom means
the separating of the fetters o ownership. Since the speaker is not the
owner of the slave, then for him to free the slave is not possible.
Therefore in this case, for this statement of the speaker to be valid,
there is a need for some previous SharÌ corollary. The objective of the
speaker’s statement is, “Sell your slave to me for a thousand and then
become my representative in freeing it.” This is called Iqtidhaaun
Nazm where the speaker’s statement needed a
preceding corollary. An example of Iqtidhaaun Nazm in the Quràan
Majeed is the Aayat referring to the fiﬅh portion of booty for the
Fuqaraa Muhaajireen. The object of this Aayat is to show the portion
applicable to the Muhaajireen Fuqaraa. The word ‘Fuqaraa’ indicates
that these people have nothing. They own nothing. But the next part of
the Aayat says, “from their homes and wealth”, and this indicates that
they do own something, so how can they be Fuqaraa? This word
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‘Fuqaraa’ necessitates that the Muhaajireen relinquished their
ownership of their homes and wealth, hence they became Fuqaraa. The
Muhaajireen lost their wealth and homes to the kuffaar when they
migrated, hence they became paupers and were rightful of one fiﬅh of
the booty.
Hence the word Fuqaraa indicates to the fact that the Muhaajireen
relinquished and lost their possessions, which occurred previously, is
known as Iqtidhaaun Nass. The ruling which comes out from here is
that the wealth of Muslims which is annexed by the kuffaar in Daarul
Harb (non-Muslim country), no longer remains the property of
Muslims and they lose their right over it. This is known as Hukm
Thaabit be Iqtidhaaun Nazm. It is also known as Muqtadhaa.
The stages of Dalaalat (indication)
The rulings established through Ìbaaratun Nazm and Ishaaratun
Nazm are the same and both are compulsory to practice upon.
However, if there is a clash between the two rulings and the ruling of
the one is negatory or contrary to the other, then Ìbaaratun Nazm will
be given preference over Ishaaratun Nazm, because the ruling of
Ibaraatun Nazm is the actual objective of the statement.
Ishaaratun Nazm and Dalaalatun Nazm are also equal. However, if
there is a clash between the two, then preference will be granted to
Ishaaratun nazm, because this ruling is extracted from the sentence
itself, whereas Dalaalatun Nazm is extracted from the meaning and
import.
Absolute rulings are also extracted from Dalaalatun Nazm and
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Iqtidhaaun Nazm. If there is a conflict between the two then preference
will be given to Dalaalatun Nazm.
From these types of proofs and indications, rulings of Hudood and
Kafaaraat are permissible. And Allaah, knows best. Alhamdulillah,
this brings to close the discussion on the letters and text of the
Quràan Majeed. You may study this subject further and in more
depth in the Arabic Kutub dealing with Usool-e-Fiqh. Now, with the
Fadhl of Allaah,, let us discuss regarding the Sunnat.
PART TWO: THE DISCUSSION ON SUNNAT
The Definition of Sunnat

The speech and actions of Nabi Muhammad Mustafa  and his
silence when any action was enacted in his presence are all classified as
Sunnat and Hadith. Sometimes, the speech and actions of the
Sahaabah  are also termed Sunnat.
Just as there were four categories in the discussion of the letters and
text of the Quràan Majeed, these same apply to the Sunnat as well,
hence there discussion here is unnecessary. Here we will discuss those
aspects which are specific to the Sunnat and not applicable to
Kitaabullaah, and are in relation to Usool-e-Fiqh.
CHAPTER ONE
PART ONE: The classification of Sunnat

Sunnat is classified in four parts, and each one in turn are subdivided.
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The first part is regarding the continuity in the transmission of
Hadith, and how it reached us via the Sahaabah , the Aimmah-e-
Muhadditheen, etc. Regarding these different ways of the Hadith
reaching us, there are three: Mutawaatir, Mash-hoor and Khabar
Waahid.
Mutawaatir
This refers to those narrations whose chain of narrators is so huge in
every era, that it would not be possible to say that all of them are
wrong or liars. This chain also remained constant from the era of Nabi
 right until the last narrator. Such Ahaadith are called Mutawaatir.
The narrating of such types of Ahaadith are termed Tawaatur.
There is no specified limit to this chain, that they must be 50 or 25,
whereby it can be said that they are unanimous. In fact, this decision is
reached based on the condition, era and reliability of the narrators. If
the narrators are all pious and reliable, then even a small number of
them will suffice, otherwise a large contingent is required.
Just as regarding the Quràan Majeed, that in every era, a large number
of people recited and narrated it. There was no change in any letter or
mark in the Quràan Majeed. It is logically inconceivable that so many
different people in different places and through every era, are all
unanimous on the same thing, and yet there can be errors therein.
This is proof for the veracity and genuineness of it.
This is the example of Tawaatur Haqeeqi and Lafzi (where everything
is precise to the tee). There are sometimes such transmissions, where
there may be slight variations in the actual wording of the Hadith, but
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there is unanimity in the purport and subject-matter. This is known as
Mutawaatir Ma`nawi. An example of this is the Ahaadith on Masah
alal Khuffain, where there are slight variations in the wordings of the
various Ahaadith, but there is such a large number of narrators, that it
is classified as Mutawaatir. There are many other such cases.
The ruling of Mutawaatir

Absolute and certain knowledge is acquired through these narrations,
wherein there is no scope or possibility of error or doubt. This
(certainty) can be likened to what a person sees with his naked eyes. It
is Fardh to belief in this. Any negator of such narrations is kaafir.
Mash-hoor
These refer to those Ahaadith whose number of narrators, during the
era of the Sahaabah (radhiallahu anhum) did not reach the level of
tawaatur.
But this stage of Tawaatur was reached either during the second or
third eras (eras of the Taabieen and Tab-e-Taabieen). Such narrations
are called Mash-hoor.
Ruling
Such narrations reach the level of great satisfaction, which render
them true (authentic) and strong. However, they are on a slightly lower
level than tawaatur. Belief in them is essential and the negator thereof
will not be classified kaafir.
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Khabar Waahid
Any narration which does not reach the level of tawaatur in any era
from the third era downwards, is classified as Khabar Waahid.
Anything less than tawaatur, regardless of how many narrators, will be
classified as Kha bar waahid. Whether there is one narrator, two, three
or many.
Ruling
To practice on these narrations is Waajib. They reach the level of Zann-
e-Ghaalib. The negator is termed a faasiq. If any such correlation is
found for the Khabar waahid that confirms its veracity, then this will
raise its level to certainty. Knowledge of certainty can be attained fro
such Kha bar waahid.
PART TWO
Certainty is achieved by Khabar mutawaatir and Khabar mash-hoor.
There can be no discussion (criticism) on the narrators of these two
categories. However, the narrators of Khabar waahid are of a lesser
status than those of mutawaatir and mash-hoor, and discussion on
them may be undertaken. Based on the conditions of the narrators of
Khabar waahid, it is subdivided.
First stage
If the narrator is just, reliable and famous in the field of fiqh and
ijtihaad, then the narrations of such narrators can become proof and
practice thereupon is necessary. If there is Qiyaas which opposes it,
then such Qiyaas will be ignored.
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Second stage
The narrator is just, reliable and has a good memory, but his stage in
(the understanding of) fiqh is lesser, then too practice on this
narration is necessary. However, if there is an opposing Qiyaas, then a
correlation between the two must be sought, failing which the Qiyaas
will be granted preference.
Third stage
If the narrator is unknown and if none of the Ulama-e-Salf have
denounced him, then silence will be maintained on this narration. This
narration may be worth acceptance. If there is an opposing Qiyaas
then practice will be on it. If it is totally in opposition to the Qiyaas
then this narration will be abandoned. If any of the Salf Ulama have
rejected the narration, then it will be discarded. If any narration did not
surface during the era of the Salf, where comment could be made on it,
then practice on it will be permissible, and not obligatory. If any
Qiyaas opposes it then this narration will be rejected.
THIRD PART: THE CONDITIONS OF THE NARRATORS

Four things are necessary for a narrator to have; intelligence, zabt
(good memory/comprehension), àdaalat (honesty/integrity) and
Islaam.
Intelligence
This is a strength in the human body. The heart and intellect are
perceptry instruments for what is known as the five senses. The mind is
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like a guiding light for the heart, just like the eye cannot see without
light, so too can the heart cannot perceive things without the guidance
of the mind. When the perception of the five senses reach their limit,
the guidance of the intellect comes into play.
For the narrator to have total and complete intellect is a condition. An
insane person has a deficient intellect and the narration of a child is of
no consequence. However, the ‘child’ must be of such an age that he
can understand and properly comprehend speech, and he must have
heard the narration during childhood and relate it aﬅer attaining
maturity. In such a case his narration will be acceptable.
Zabt (Comprehension / memory)

To listen to a Hadith as it deserves to be heard. That is, to listen to it
from beginning to end, then to understand and comprehend its literal
and Sharì implication and to memorise it as accurately as possible.
And then further to practice on its message and not depend on one’s
memory and to convey its message to others, so that one will be
deemed to have absolved oneself of the responsibility (of conveying the
message). The succession of the narration must be such that it has
been recorded in some Kitaab, in the way the Muhadditheen record
narration with a full chain. This is hat is known as zabt.
Àdalat
All Sahaabah  are just (àadil). There is some difference in their
rankings, however. Like the Khulafaa-e-Raashideen, the senior
Sahaabah , the Ashara Mubash-shara, those Sahaabah  who
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met Nabi  more than once, those who were close to Nabi , etc. The
Bedouin Sahaabah  who lived in the villages were not as intelligent
and perceptive as the senior and close Sahaabah  of Nabi .
Although no non-Sahaabi can ever reach the status of even these low-
ranking Sahaabah , they are lesser in rank than the senior
Sahaabah.
CHAPTER TWO:
SECOND TYPE: The Discussion on Inqitaa`

When the link in the chain of narrators breaks, then this is know as
Inqitaa`. According to the Principles of Fiqh, there are two types of
Inqitaa`:
Inqitaa `-e-Zaahiri
The chain of narrators do not remain intact in the transmission of the
Hadith from Nabi until it reaches us, or the authors of the
reputable Kitaabs of Hadith. This chain breaks in between somewhere.
If there is no mention of any narrator in the chain, then this is
regarded as a break in the chain. Such narrations are termed
Munqati`, i.e. a narrator does not mention the person from whom he
is narrating. He mentions  ‫ ﻗﺎﻝ ﺭﺳﻭﻝ ﷲ‬but he omits the name of
the person, he is narrating from. Such a narration is calledMursal.
Mursal is divided into four types;
1. In reality the narration is established from Nabi . One
Sahaabi (radhiallahu anhu) had heard it and he reported it to others in
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turn. Now when these Sahaabah  report this Hadith, they omit the
name of the first Sahaabi . In this way the name of one narrator is
omitted. Nevertheless, since the one who is omitted and persons wh
are omitting his name are all Sahaabah, hence this type of Mursal
is accepted. This is owing to the fact that all Sahaabah  are Àadil.
2. If a Tabiee does not mention the name of the Sahaabi from
whom he is reporting or a Tabe Tabiee omits the name of the Tabiee
from whom he is reporting, then too such a narration is acceptable
3. If any person aﬅer a Tabe Tabiee is omitted from the chain
then according to some, such narrations are acceptable, whilst others
differ.
4. If some narrators had reported a Hadith in succession and
some had omitted a narration, then such a narration is acceptable
Two types of Inqitaa` Baatini

1. If any narrator of a narration is such that he lacks any one of
the four conditions of a narrator, then such a narration is not
accepted. If, for example he is a faasiq, or a kaafir or deficient in
intelligence or a child.
2. If any narration is contrary to the Quràan Majeed, or to a
mutawaatir or Mash-hoor narration, or it conflicts a famous
incident during the era of the Sahaabah , or it is such that the
Sahaabah  did not deem it worthy of consideration in a ruling, then
such narrations are totally rejected.
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CHAPTER THREE
THIRD TYPE OF SUNNAT: The discussion regarding the proof of a

Khabar waahid
Khabar refers to a Hadith also. Kahabar waahid can be used a proof in
the Shariah in four instances;
1. In matter regarding the rights of Allaah, (huqooqullaah).
For example, in Ibaadaat of Salaat, fasting, etc. If it is cloudy or
overcast, then the sighting (of the moon) of even one person will render
fasting Fardh.
2. In matters pertaining to the rights of people. Where the rights
of someone else needs to be established. For example, in establishing
debt and in other disputes. However, in such cases a court and
witnesses are also necessary. Without this, no right can be established.
3. In matters pertaining to the rights of people where the rights of
wealth are not established. For example, to make someone a
representative in a transaction, where a court is not a requirement.
4. In matters pertaining to the right of people where one has a
right over others in a certain regard. For example, someone intended
making another his representative in purchasing something. Later he
dismissed him. Now since the representative bought something aﬅer
his dismissal, the cost of this is on him (the representative). A more
detailed discussion on this fourth type comes in the detailed Usool
Kitaabs. Whatever has been mentioned here is regarding Usool-e-Fiqh
and its definitions.
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THIRD PART: THIRD BASIS OF SHARIAH – IJMA`
The dictionary definition of Ijma` is a general consensus.
In the Shariah, Ijma` refers to a consensus of the Mujtahiddeen,
Àadileen and Saaliheen through every era of the Ummat of Nabi ,
on any belief, speech or action.
Ijma` consists of three types;
Ijma `-e-Qowli
If this consensus came down by way of speech, where the
Mujtahiddeen had verbally specified the issue. That is, they said that
they are unanimous on so and so issue or if each one of them had
individually acceded to the fact that he is in agreement or that his
math-hab conforms to it.
Ijma `-e-Fa `li

When all of them had implemented and practiced on any particular
action and they had all unanimously accepted that act, then this is
called Ijma`-e-Fe`li. For example, partnership (in business) etc. These
two types of Ijma` are the most superior.
Ijma `-e-Sukooti
If any Mujtahid had said or implemented any ruling/action during his
time, and in the subsequent eras, notwithstanding other Mujtahiddeen
knowing of this, and having time and opportunity to comment or
refute, had maintained silence. Even this is classified as Ijma`. Ijma`-e-
Sukooti is (silent) consent. According to the Hanafis it is taken into
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consideration.
Note #1: If any one ruling during a certain era remained with a
difference of opinion and that era terminated. If in the following era,
the Ulama of that time, are unanimous on the ruling of any one of the
Mujtahiddeen, then too, Ijma` will be effected.
Note #2: For Ijma` to be effectual, there has to be some Sharì basis (in
that particular ruling). Like there has to be consensus and unanimity
on a ruling extracted from kha bar waahid or Qiyaas. An Ijma` on
someone’s Ilhaam or esoteric information is invalid. If there has to be
consensus by the Ulama of any era on such a thing, then this will not
be regarded as a Sharì Ijma`.
Note #3: The verification of Ijma` has to also be established through
Ijma`. That is, since the time there was Ijma` on any ruling, this has to
be transmitted through the ages by continual transmission (tawaatur)
until it reaches us, and there has be Ijma` of the Ulama in all these
eras as well. In this case the Ijma` will attain the level of a Khabar
mutawaatir. The ruling of such Ijma` is absolute and practice upon it
is Fardh.
If Ijma` is transmitted in the fashion of Khabar waahid, then its
ruling will be of the level of zanni (not absolute). Practice on this will
however be Waajib.
FOURTH PART: THE FOURTH BASIS OF THE SHARIAH
The Discussion on Qiyaas

The fourth proof in the Shariah and means of establishing rulings is
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Qiyaas. First it has to be established if any ruling is found in the
Kitaabullaah, or in the Sunnat of Rasulullaah , or by Ijma` of if it is
clarified by Qiyaas. The dictionary definition of Qiyaas is to measure
up or level something. For example it will be said in Arabic: ‫ﻗﺱ ﺍﻟﻧﻌﻝ‬
‫“ ﺑﺎﻟﻧﻌﻝ‬Measure/size up one sandal with the other and make them
the same.”
The definition of Qiyaas according to the Shariah

This is where two things are compared, where the one is already
established with a valid Sharì basis and then to find common qualities
and traits between the two which results in establishing/proving the
second thing. This is Qiyaas. If any ruling is established through
Kitaabullaah or Sunnat and the basis and reason (illat) for this ruling
is ascertained, and then another issue presents itself before us, for
which there is no clear Sharì ruling to be found in the former sources,
but it becomes apparent that the very same reason which rendered the
proven thing its ruling is also to be found in this (new) issue, then we
decree a similar ruling for this (new) issue, based on this common
illat. This in essence is Qiyaas.
For example it is stated in the Hadith Shareef that it is impermissible
to exchange wheat for wheat in unequal quantities. Now if we take rice
and we are unaware of the ruling regarding it, so we reflect on the
Hadith. Upon reflection we realise that since it is impermissible to
trade in wheat for wheat if the quantities differ, then we see that this
refers to two things which are of the same type (wheat for wheat) and it
(wheat) is such a commodity that is sold by weight, hence we concur
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that the same ruling be applied also to the exchange of rice for rice,
because rice is also something which is sold by weight. It will
therefore be impermissible to also trade in rice for rice, if the
quantities differ. If rice is traded for rice, then the quantities have to
be equal. If any one side is more or less, then it will be riba.
From this example, we realise that for Sharì Qiyaas, four things are
essential:
1. Firstly, the thing which is used as a basis for comparison
and whose ruling is already established from Quràan Majeed or
Sunnat, that thing is called Maqees Alaih (wheat in this example).
2. The second thing, whose ruling we are unaware of, is called
the Farrà (‫)ﻓﺭﻉ‬. In this example it would be the rice.
3. The ruling which was established for the first thing is called
the hukm. Credit in equal qualities is not permissible.
4. That particular quality which was the basis for the ruling in
the first thing, is called the wasf or illat. In the example this would be
the type and quantity.
1 Original maqees In the above-mentioned wheat

àlayh example, it will be
2 Maqees or farrà `` Rice

3 hukm `` Equality no credit
4 Quality or illat `` Same type and weight
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PART ONE: The condition for a Sharì Qiyaas
There are four conditions for a Sharì Qiyaas;
1. The ruling which has been established for the asl (original), is
not specifically applicable only to it, otherwise this ruling would not
have been able to be applicable to the farrà. If any ruling is specific to
any particular issue, then this will be ascertained from nass. For
example, Nabi  gave consent for the single witness of Hadhrat
Khuzaima (radhiallahu anhu) to be sufficient in a transaction, owing
to his strong Imaan. There were other Sahaabah (radhiallahu anhum),
like the Khulafaa-e-Raashideen (radhiallahu anhum) and others who
also had strong Imaan, perhaps even more so than Hadhrat Khuzaima
(radhiallahu anhu), but this illat was never applied to them that they
could be testify singularly in a transaction. This ruling and illat of
strong Imaan was special for and only applicable to Hadhrat
Khuzaima (radhiallahu anhu). It being specially applicable to him only
is borne out by the following Hadith of Rasulullaah , “That person
for whom Khuzaima testifies, it is sufficient for him”.
2. The ruling which is established for the asl must not be
something unintelligible. For example, the ruling that laughing out
loudly in Salaat breaks the wudhu. The act of laughing out loudly
breaking the wudhu is something which is incomprehensible. Wudhu
is a form of cleanliness and only acts of impurity will break wudhu.
Laughing is not an unclean act. Therefore an incomprehensible ruling
in the asl cannot be used in deciding another issue. For example, if we
say that Nauthubillaah, someone becomes murtadd during Salaat and
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a little while later renews his Imaan, then his wudhu will not break,
because we do not know why laughing breaks wudhu. Even though
becoming murtadd is by far worse than laughing out loud,
nevertheless, we cannot use its ruling for irtidaad.
3. Qiyaas is used to establish a Sharì ruling. Therefore, the ruling
which is applicable to the asl, has to applied to another issue which is a
Sharì issue. Whatever the original ruling is, it has to be applied to the
tee to the other issue. The farrà is the similitude and equal of the
original; it is not something lesser. There is no nass for the farrà, and
since there is for the original ruling, there is no need for bringing a
ruling from elsewhere.
Grape liquor is called khamar in Arabic. It intoxicates. Now, to call
all other intoxicating liquors khamar would not be termed Qiyaas,
because no Sharì ruling is established thereby. In fact only a
lexicographic assumption and similarity is made.
If a man says to his wife, “You are (Haraam) to me like the back of
my mother”, then this is called zihaar in the Shariah. The Sharì
ruling of zihaar is that cohabitation with the wife becomes Haraam.
It only becomes halaal after he fulfils the kaffaara. This is the ruling
for the zihaar of a Muslim. If a zimmi (a non-Muslim living in a
Muslim country) says this to his wife, then it will not be termed a
Sharì zihaar. If it were to be termed a Sharì zihaar, then it would
have to be implemented exactly as prescribed, that after zihaar
cohabitation is Haraam, and in order to make it Halaal, the husband
will have to give kaffaara, which is a form of Ibaadat, and Ibaadat is
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not for the kuffaar.
So kaffara will not be valid for a kaafir, hence this statement from a
kaafir will not be termed zihaar. If it were to be zihaar then since
kaffaara for a kaafir is invalid, then it would mean that the kaafirs
wife will forever he Haraam for him, whereas this prohibition is only
a temporary one. In this case the zihaar of a kaafir will not be the
Sharì zihaar and to make Qiyaas of it with a Sharì Qiyaas is not
proper.
If a fasting person forgetfully eats or drinks, then the ruling is that his
fast does not break. If a person knowing that he is fasting gargles his
mouth and water goes down his throat, then he is called a Khaati,
and a fasting person who is forced and under duress to eat is called a
mukrih. In these two cases the fast of a khaati and mukrih are broken.
The excuse for the naasi was greater than that of the khaati and
mukrih. The naasi was fed by Allaah, Ta'ala and who was there to
prevent this? The khaati has willingly erred and the mukrih could
have in some way or the other prevented the duress, wither by his own
force or seeking help from someone else. In this case the farrà is not
similar to the asl, hence Qiyaas here is not valid.
The kaffaara for intentional murder is to free a Muslim slave, but this
condition of the slave being Muslim is not conditional in the kaffaara
of a vow or zihaar. It will be incorrect to make Qiyaas of these two on
intentional murder, because there is nass on the kaffaara of these two
and in this nass no mention is made of the slave being Muslim.
4. The fourth condition is that aﬅer Qiyaas, the asl must be leﬅ in its
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original state. Aﬅer extracting a ruling for the farrà, no change must
be made to the asl, otherwise Qiyaas will not be valid. The nass of the
asl is as it was and no change can be made to it. For example if the
kaffaara of yameen (vow) and zihaar were to be made as that of
intentional murder, then it would mean that the actual nass has been
altered and the condition of a Muslim slave has been added to it,
whereas this is not so in the nass.
PART TWO: The Fundamentals of Qiyaas

We have ascertained that the fundamental of Qiyaas is illat,
whereupon the ruling of the asl is based. It is now necessary to dilate
upon the illat.
A condition for the illat is that it must be saalih and muàddal. Being
saalih means that it must be such an illat which conforms to the illat
used and/or reported by Nabi  and the Sahaabah (radhiallahu
anhum). And they must have also used it as a proof. It must also be in
conformity to the ruling. For example, the father of a minor virgin girl
has the right of wilaayat over her. He is able to make her Nikah without
her consent, because she is a minor. Similarly is the case with a minor
girl who is not a virgin and she was married previously – the father
can make her Nikah a second time without her consent or happiness.
The reason being that she too is a minor and the illat or being a minor
is present in both. This quality of being a minor which we have used as
an illat for wilaayat is such a quality, which conforms to and has a
connection to the ruling (of wilaayat of the father). In being a minor
there is a sort of helplessness and vulnerability. If any person is
110
helpless or vulnerable when executing a task, then such a person is
liable for having someone over them as a wali. The need for appointing
a wali for the helpless person arises. It has been reported from Nabi
that at times of necessity a change can be effected in a ruling. For
example, the leﬅ-over water of an animal is impure. Now, a cat is also
an animal and its leﬅ-over water should also be impure.
However, Nabi  said, “Indeed they (cats) are among those who come
and go amongst you.” Since cats are domesticated and they come and
go into the homes as they please, it is difficult to control their
movements, which will result in great difficulty if their leﬅ-over water
were to be rendered impure, because one would have difficulty in
knowing which water was touched by the cat and which not. Because of
this difficulty the leﬅ-over water of cats is not impure. In the same way,
because of this difficulty, we say that the father also has wilaayat over
his non-virgin daughter. From this we see that the illat is saalih and it
conforms to the ruling.
The meaning of the illat being muàddal is that this illat did at some
stage in nass or Ijma` have an effect. For example, being a minor which
we had taken as an illat for the wilaayat of the father over his non-
virgin daughter, is also the illat which has been accepted by Ijma` for
the father to be the wali over the wealth of his minor virgin and non-
virgin daughter. That is, the father has the right to spend from the
wealth of his minor daughters. It is obvious that life is more precious
than wealth, hence if the father can control his minor daughter’s
wealth, he also attainswilaayat over their marital affairs. The welfare of
111
their lives have preference over the welfare of their wealth. If a minor is
given money, then she will (probably) waste it. Similarly, if she is gives
herself in marriage to someone who is not suitable, then her entire life
will be in misery.
When the illat complies with these fundamentals, then such an illat
can become a basis to establish a ruling. Now you should try to
understand Qiyaas with an example which has already passed
previously, where Nabi  said, “Wheat (can be traded) for wheat,
barley for barley, dates for dates, salt for salt, gold for gold and silver
for silver in equal quantities, hand to hand (cash). Any excess will be
riba.” If any of these are exchanged even for equal quantities but on
credit, then too it will be regarded as riba, because one of the two
persons will be benefiting. We have reflected on this issue as to how an
excess will be riba, why equality is necessary and why credit is not
permissible. We realise that Nabi  had placed two of the same type of
goods together and that they are weighable items. We deduce that the
illat of the ruling is – same type of commodities and that they are
weighable. Now, whenever there is an exchange (of goods) and this illat
is present, then this ruling will be applied. This is the reality of Qiyaas.
And Allaah, knows best.
PART THREE: ISTIHSAAN

One superior type of Qiyaas is Istihsaan. In a ruling of nass there is an
apparent and discernable illat. This in turn, necessitates one ruling.
However, aﬅer deeper investigation and reflection, we unearth a
hidden illat, and this hidden illat is even more stronger than the
112
apparent illat. Now, to give the ruling in conformity with this hidden
illat is what is called istihsaan. This has many different types, whose
discussion you will encounter in another juncture, Insha-Allaah.
Translation Edited by Muﬅi Afzal Hoosen Elias

1426/2006
A
113

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ISLAM’sBOOKS

The importance and necessity of Usool-e-Fiqh

The Deﬁnition of Usool-e-Fiqh

Objective and Aim

Usool-e-Shar’i (The Principles of the Shariah)

SECTION 1: The distribution of Letters

CHAPTER TWO: First type:

Second part: The discussion on the ruling of Khaas

The establishment of Shariah laws by the Khaas word

The demand of Amr

THE MEANINGS OF AMR

The condition of the ruling of A mr

The condition regarding the compliance to A m r

Speciﬁed acts of Ibaadaat

CHAPTER FOUR: The Ruling Regarding the Ma`moor Behe

The types of Qadha

Examples of Huqooqul I`baad

The quality of the ordered act

The types of Ma`moor Behe

The second type of Hasan Li-Ghairihi

The compliance of Nahy

The types of prohibitions

CHAPTER SIX: The ruling of Nahy:

CHAPTER SEVEN: DISCUSSION ON `AAM

The limit of Takhsees in `Aam

CHAPTER NINE: THE DISCUSSION ON MUSHTARAK

The Ruling of Mushtarak

CHAPTER TEN: THE DISCUSSION ON MUAWWAL

SECTION THREE: THE SECOND TYPE IN THE DISTRIBUTION

An example of a conﬂict between nass and mufassar

The opposite of Mufassir is Mujmal.

SECTION FOUR: THE THIRD TYPE IN THE DISTRIBUTION OF

PART ONE: THE DISCUSSION ON HAQEEQAT

The ruling of haqeeqat

An example of haqeeqi muta `azzirah

An example of haqeeqat mahjoora

PART TWO: The discussion on the context of leaving out the

PART THREE: THE DISCUSSION ON MAJAAZ

The discussion on Iti`aara

PART FOUR: The Ruling of majaaz

PART FIVE: THE DISCUSSION ON SAREEH AND

CHAPTER FIVE: THE FIFTH TYPE IN THE DISTRIBUTION OF

PART TWO: THE DISCUSSION ON SUNNAT

The Deﬁnition of Sunnat

PART ONE: The classiﬁcation of Sunnat

The ruling of Mutawaatir

THIRD PART: THE CONDITIONS OF THE NARRATORS

Zabt (Comprehension / memory)

SECOND TYPE: The Discussion on Inqitaa`

Two types of Inqitaa` Baatini

THIRD TYPE OF SUNNAT: The discussion regarding the proof of a

Ijma `-e-Fa `li

FOURTH PART: THE FOURTH BASIS OF THE SHARIAH

The Discussion on Qiyaas

The deﬁnition of Qiyaas according to the Shariah

1 Original maqees In the above-mentioned wheat

2 Maqees or farr`a `` Rice

PART TWO: The Fundamentals of Qiyaas

PART THREE: ISTIHSAAN