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

3 - Dalaalat Un-nass

Its definition:

Dalaalat un-Nass is when the Nass (text) indicates that the Hukm that the text has been silent upon is in conformity to the Hukm that has been expressed in the text.

Some of the ‘Ulamaa have called it the Mafhoom Al-Muwaafaqah (understanding of agreement/conformity). That is because what is indicated within the Lafzh in the situation or place (Mahall) of silence conforms with the Hukm that has been expressed (Al-Mantooq) within the text. Others have named it ‘Fahwaa l-Khitaab’ (the sense or import of the address) because the ‘Fahwaa’ of the Kalaam (speech) refers to its meaning. Therefore, if the text in it ‘Ibaarah (by its Alfaazh) guides to a Hukm of a specific reality and another reality is found that is equal to the first in respect to the ‘Illah of the Hukm or is more fitting for it (Awlaa). And that this similarity between the two is understood through the mere understanding of the language, so that it comes immediately to the comprehension, that the Nass (text) deals with both realities, then this text would have a Dalaalah (indication) other than the Dalaalat ul-Ibaarah and that is the Dalaalat un-Nass. Example:

So do not say to them (parents) Uff (an utterance of disrespect) (Al-Israa’ 23).

The Nass (text) guides through its ‘Ibaarah (expression) to the Tahreem (prohibition) of the son (or daughter) showing disrespect or disdain towards the two parents due to what this word (Uff) contains of harm towards them. It would then come to the mind that the text also deals with the prohibition of hitting the parents or insulting them due to what hitting and insulting contains in terms of harm and pain which is greater and more severe than expressing ‘Uff’ (i.e. showing disdain).

Therefore, that which has been silent about (Al-Maskoot ‘Anhu), which is the hitting and insulting, is Awlaa (more worthy) of the Hukm of Tahreem than the Mantooq (expressed meaning) which is the expressing of ‘Uff’.

Another example:

Allah (swt) said:

Verily, those who unjustly eat up the property of orphans, they eat up only a fire into their bellies, and they will be burnt in the blazing Fire (An-Nisaa’ 10).

The Aayah in its Mantooq, meaning its Alfaazh and ‘Ibaarah, guides to the prohibition of eating the property of the orphan unjustly whilst its Tarkeeb (composition) indicates the prohibition of damaging it like by putting fire to it or submerging it in water for instance.

The Mafhoom of the Aayah, i.e. the Dalaalat An-Nass, which is that which has been silent about, indicates the prohibition of burning and sinking the property or any matter that leads to damaging it.

Consequently, the Hukm that has been silent about (Maskoot ‘Anhu), meaning that which was not mentioned within the Alfaazh (wordings) of the text, which is burning and sinking (i.e. damaging), is in conformity (agreement) to the Hukm that has been mentioned in the Nass (text) which is the eating of the property of the orphan unjustly which takes the Hukm of Tahreem (prohibition).

Another example:

Allah (swt) says in Soorah Az-Zalzalah:

So whosoever does good equal to the weight of an atom (or a small ant), shall see it. And whosoever does evil equal to the weight of an atom (or a small ant), shall see it (Az-Zalzalah 7-8).

The Dalaalat Al-‘Ibaarah, meaning the Mantooq of the Nass or its Alfaazh (wordings) indicate that Allah (swt) will account His ‘Ibaad (slaves) upon the basis of who does an atoms weight of good or an atoms weight of evil or bad. The person will be rewarded for the good and punished for the evil however small the acts may be. The Mafhoom of the Aayah, meaning the Dalaalat un-Nass, indicates that Allah (swt) will account His servants upon greater than an atoms weight of good, that he will be rewarded for and upon more than an atoms weight of evil, that he will be punished for.

This last part, which has been silent upon (i.e. not mentioned), is understood from the Dalaalat un-Nass and from the manner of its composition whilst it has not been understood from the ‘Ibaarah (expression) of the Nass i.e. from its Alfaazh (wordings).

Reference: Al-Waadih Fee Usool ul-Fiqh - Muhammad Hussein Abdullah

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