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

4 – Dalaalat Ul-iqtidaa’ (indication Of Requirement/necessity)

Its definition:

Dalaalat ul-Iqtidaa’ is the Dalaalah (indication) of the Lafzh upon a matter that its meaning does not stand up except by its Taqdeer (determination). This necessary Taqdeer (determination) could be dictated by the Shar’a or it could be dictated (i.e. made necessary) by the ‘Aql, either due to the Daroorah (necessity) of the Sidq (truthfulness) of the Mutakallim (source of speech/information) or due to the correctness (Sihhah) of the occurrence of the Lafzh (wording) through it.

Example:

Allah (swt) said:

Forbidden to you (for marriage) are: your mothers, your daughters, your sisters, your father's sisters, your mother's sisters, your brother's daughters, your sister's daughters… (An-Nisaa’ 23).

The Tahreem (prohibition) is not attributed to the essence of the mother herself or the essence of the daughter herself (specifically). As such, this Lafzh (wording) present within the Aayah dictates that before the Lafzh of ‘Ummahaatukum’ (your mothers) a necessary Lafzh is determined that the Shar’a has dictated and that is the prohibition of the Nikaah (marriage) of the Ummahaat, Banaat, Akhawaat… (mothers, daughters, sisters…). Therefore, the Dalaalat ul-Iqtidaa’ is not the Dalaalah (indication) of the Lafzh in its form or in its meaning but rather by way of an additional or extra matter that is determined or evaluated (Taqdeer) to exist within the speech so that what is required from the speech stands up (i.e. a correct meaning is understood) according to the Shar’a.

Another example:

The Messenger of Allah (saw) said:

The one who does not resolve (intend) the fast before Fajr there is no fasting for him (Ahmad, Abu Dawud, At-Tirmidhi and An-Nasaa’i).

The fasting without the Niyah (intention) is not considered to be a valid fast as made clear in the Hadeeth irrespective of abstaining from food, drink and all matters that break the fast. That is even though the act of fasting has actually taken place and as such the evaluation dictates that: There is no validity to the person’s fast.

A further example:

The Messenger of Allah (saw) said:

Verily Allah has lifted from my Ummah the mistake, the forgetfulness and that which they were compelled/forced upon (undertaking) (Verified as Saheeh by Al-Haakim).

The Zhaahir (apparent indicated meaning) in the speech of the Hadeeth indicates that the mistake, forgetfulness and compulsion do not exist or occur within the Ummah although that meaning is not correct. The reality contradicts that as there are amongst the Ummah those who make mistakes, forget and are forced through coercion to undertake certain acts or matters.

The Sidq (truthfulness) of the speech and correctness of the Kalaam (speech) dictates that an essential omitted word be determined and presumed (Taqdeer) and this is the word ‘Hukm’ (judgment) so that the meaning of the Noble Hadeeth is: ‘The Hukm (judgment) of these matters is lifted from my Ummah from those that it occurs from (i.e. the mistake, forgetfulness and compulsion) and so the person will not be punished in the Dunyaa (life of this world) and there will be no sin as a result of it in the Aakhirah (hereafter). The Lafzh ‘Hukm’ is therefore determined in accordance to the dictates of the truthfulness (Sidq) of the speech and this Dalaalah is considered to be Dalaalat ul-Iqtidaa’.

Another example:

Allah (swt) says:

And ask the town/village (Yusuf 82).

The Taqdeer (determination) has to be made here with the meaning: ‘Ask the ‘people’ of the town’ so that the correctness of what has been uttered is rational and that is because the Qaryah (town) does not have a mind and is not questioned. The Dalaalat ul-Iqtidaa’ of this Aayah indicates that what is meant is to ask the people of the town and not the town itself so that the speech can be rationally correct (and understood).

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

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