Al-Waadih Fee Usool ul-Fiqh by Muhammad Hussein Abdullah

And He Ta’Aalaa said:

Dalaalat ul-Ishaarah is the Dalaalah (indication) of the Lafzh (wording) upon a meaning or Hukm that is not intended either originally or in following. It is however corresponding to the meaning for which the speech has been framed for. The Dalaalat ul-Ishaarah is therefore not understood from the Mantooq An-Nass (expressed wording of the text) i.e. from the Harfiy meaning (i.e. letter for letter) which is called Dalaalat ul-Ibaarah. Rather it is understood from the meaning that the meaning of the text has guided to. Some of the Usooliyeen (scholars of Usool) have called this type of Dalaalah the Mafhoom of the Nass (i.e. implied and understood but not expressed meaning). That means that the indicated to meaning, which has not been indicated through its ‘Ibaarah (expression) (i.e. by its wording), necessitates another meaning, and that is called Dalaalat ul-Ishaarah (i.e. indication of a meaning by implication or indication). That is because the Nass (text) guides to it by way of Ishaarah (indication/implicitly) and not by the way of ‘Ibaarah (expression). For that reason, they talk about this Dalaalah (indication) as being the Dalaalah of the Lafzh upon a meaning of its meaning i.e. upon the meaning that was not intended from the ‘Ibaarah (expression). And they (also) call it Dalaalah Al-Iltizaamiyah (indication by necessity) because the meaning of the Alfaazh (worded expressions) necessitates another meaning called the Dalaalat ul-Ishaarah.

This makes the Dalaalat ul-Ishaarah in need of depth in terms of examination and reflection in order to be aware of it. That is because it is in need of the presence of a real correspondence between the meaning that the text indicates in its ‘Ibaarah (expression) by its ‘Alfaazh’ and the meaning that the text indicates to by its Ishaarah (indication or implicitly).

Example:

Allah Ta’Aalaa said:

The Aayah in its ’Ibaarah (expressed wording) indicates that is demanded from the Haakim (ruler) in Islaam to consult the Ummah in respect to the caretaking of their affairs.

This meaning necessitates the bringing about of a grouping (faction) from the Ummah who are consulted in relation to the caretaking of the affairs of the Ummah, as it is not possible for every individual from the Ummah to be consulted. This then is the meaning that is not intended (directly) from the context or framing (Siyaaq) of the Aayah whether in origin or in following. The Dalaalah (indication) of the Aayah upon this meaning represents the Dalaalat ul-Ishaarah.

Another example:

Allah (swt) said:

It is understood from the two Aayaat by way of Al-Ishaarah (implicit indication) that the least or minimum period of time for the pregnancy is 6 months and this is clear from observing the two Aayah as their understanding necessitates that (understanding).

A further example:

The Messenger of Allah (saw) said in relation to the Zakaat ul-Fitr:

The Dalaalat ul-‘Ibaarah in the Hadeeth according to its Alfaazh (worded expressions) and its Harfi (word for word) meaning guides to the request of discharging the Sadaqat ul-Fitr on the Day of ‘Eid. That is whilst the Dalaalat ul-Ishaarah indicates and guides to the following Ahkaam:

- Zakat ul-Fitr is not taken except from the capable because it is not conceivable for the Fuqaraa (impoverished) to provide sufficiency to other than them.

- The Zakaat ul-Fitr is not given to other than the Fuqaraa because they are the ones in need of being made sufficient from asking.

- It is necessary for it to be made available before going out for the ‘Eid prayer so that the removal of the need or the sufficiency can be realised for the entire day of ‘Eid.

- It is not allowed for it to be dispensed to other than the Muslim Fuqaraa’ (poor) because the statement of the Messenger of Allah (saw) was: “In the like of this day” and it is an ‘Eid for the Muslims and so the Fitr is given to the Muslims to make them not in need on the day of their ‘Eid.

Consequently, the Hadeeth guides to all of these Ahkaam by way of Ishaarah because they represent Ahkaam which the meaning of the Hadeeth necessitates. It is the meaning of the Alfaazh that guides and indicates to them and not the Alfaazh (wordings) themselves or alone.

Another example:

From the ‘Ibaarah of the Nass (text) (i.e. from the worded expressions (Alfaazh) of the Aayah) the permissibility of being intimate with the wife until the last part of the night of the (days of) fasting) is understood.

And from the Dalaalat ul-Ishaarah it is understood that it is permissible for the fasting person to arise in the morning in the state of Janaabah (impurity). That is because intimacy with the wife in the last part of the night necessitates that the fasting person starts the morning in a state of impurity without that making his fast Faasid (corrupted) (Translators note: For further examples please refer to the book: ‘Al-Wajeez Fee Usool ul-Fiqh’ by Dr Abdul Kareem Zaidaan.