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

The Mafhoom Al-Mukhaalafah is that which the Madlool (indicated meaning) of the Lafzh (wording) in the place or situation of Sukoot (silence) is in opposition to its indicated meaning (Madlool) in the situation or place of utterance. It is (also) called ‘Daleel ul-Khitaab’ (evidence of the address) because the Khitaab Ash-Shaari’ (address of the Legislator) indicates and guides to it just as it has also been known as ‘Lahin ul-Khitaab’ (understanding/intellect of the address). The Mafhoom Al-Mukhaalafah is worked with in four types or categories which are:

Mafhoom As-Siffah, Mafhoom Ash-Shart, Mafhoom Al-Ghaayah and Mafhoom Al-‘Adad.

It is the Dalaalat ul-Lafzh of a Hukm restricted to a Wasf (description) which indicates the opposite of its Hukm upon the negation of that Wasf.

What is intended by ‘Wasf’ here is more general than the ‘Na’t’ (adjective). So it could be a Na’t Nahwiyah (adjective grammatically) like: “Fil Ghanami As-Sa’imah Zakaah” (“In (respect to) the freegrazing Sheep there is Zakaah (due)”) (in the case where ‘free-grazing’ is an adjective or description of the Sheep) or it could be ‘Mudaaf’ (an addition) like ‘Fee Saa’imat ul-Ghanam Zakaah’ (In respect to the free grazing of the sheep there is Zakaah (due)). Or it could be Mudaaf Ilaihi (Added to it) like: “Matall Al-Ghinaa Zhulm” (The overlooking of the affluence is injustice) or it could be Zharf Makaan (adverb of place) like in the example:

Example:

The Messenger of Allah (saw) said:

It is understood from this Siffah (description) which is ‘Saa’imah’ (free grazing and living upon the pastures) that the non-free-grazing sheep do not have Zakaah due upon them.

In that way we would have taken the Hukm for the foddered sheep from the Mafhoom Al-Mukhaalafah of the Hadeeth “In (respect to) the free-grazing sheep there is Zakaah (due)”.

As such there is no Zakaah upon the foddered sheep (i.e. those which live upon fodder and do not live upon the pastures). That is because the ‘pasture or grazing land’ is a Wasf Mufhim Munaasib (Fitting description open to reasoning) that can be reasoned (with an ‘Illah). Consequently, the ‘Illah for paying the Zakaah upon the sheep is that they live upon the pasture. If this ‘Illah does not exist, then the Hukm does not come into being because the ‘Illah revolves with the Hukm in presence and absence.

As long as this ‘Illah is not present within the foddered sheep then its Hukm is that there is no Zakaah due upon them.

Another example:

Allah (swt) said:

The Mantooq of the Aayah (i.e. Dalaalat ul-‘Ibaarah) indicates the prohibition of conducting trade at the time of the call to the Jumu’ah prayer whilst that which guides to that is the Siffah (description) that is found upon the form of a Zharf Zamaan (adverb of time) which is: ‘On the Day of Jumu’ah).

The Mafhoom Al-Mukhaalafah indicates and guides to the non-prohibition of trading at the time of the call to prayer for the Salaah on other than the Day of Jumu’ah.

Consequently, in this case, we have taken the Hukm from the Mafhoom Al-Mukhaalafah of that text and that Hukm is the Ibaahah (permissibility) of conducting trade at the time of the call to prayer on other than the day of Jumu’ah. That is because the Shaari’ has restricted the prohibition of conducting trade to the day of Jumu’ah.

It is the Dalaalah of the Lafzh of a Hukm restricted by a Shart (condition) that indicates the affirmation (Thuboot) of its opposite at the time of the negation of the Shart (condition).

Consequently, the making the Hukm restricted to the presence of the Shart negates that Hukm when the Shart is negated. What is meant and intended by Shart (condition) in this case is the Shart An-Nahwi (grammatical condition) and it is a sentence that begins with a particle from amongst the condition particles like: منَ إن, إذا, amongst others.

Example: If you study you succeed.

Example:

Allah (swt) said:

The Mantooq (expressed meaning) of the Aayah indicates that the one who is not able, due to his poverty, to marry free women then he can marry from the believing slave girls.

This text has placed down a Shart (condition) and that is the lack of financial capability.

If this restriction was removed (the lack of financial capability) then it is not permitted (Mubaah) for him to marry from the believing slave girls and marriage with them becomes Makrooh (disliked) when free women are present (or available).

The Hukm that is benefited and established from the Mafhoom Al-Mukhaalafah is the Nahi (forbiddance) upon those financially capable to marry believing slave girls/women.

Another example:

Allah (swt) said:

The Aayah established in its Mantooq (expressed wording) (i.e. in its Alfaazh): That it is the right of the husband to take from the Mahr (dowry) of his wife with her consent and approval.

That is while the Aayah in its Mafhoom Al-Mukhaalafah (opposite understanding) established: The prohibition of taking anything from the Mahr (dowry) of the wife without her approval or consent.

Another example:

Allah (swt) said:

The Dalaalat ul-‘Ibaarah (i.e. Mantooq/expressed meaning in the words) guides to the Wujoob (obligation) of spending upon the one who has been divorced with a Talaaq Baa’in if she was pregnant. The Mafhoom Al-Mukhaalafh has guided to the negation of this Hukm when there is no pregnancy.

It is the Dalaalat ul-Lafzh of the Hukm restricted to a Ghaayah (aim or end point) that indicates the opposite of that Hukm after or following the (reaching of the) Ghaayah (end point/aim).

Making the Hukm of the Mantooq (what is expressed) restricted or tied to a Ghaayah indicates the affirmation of the opposite of that Hukm for that which is after or follows the (reaching of the) Ghaayah (aim/end point). The Huroof (letters/particles) indicative of the Ghaayah (in the Arabic language) are: (Hattaa wa ‘Ilaa) with the meaning of ‘until’.

Example: Allah Ta’Aalaa said:

The Aayah in its Mantooq (i.e. its ‘Ibaarah or Alfaazh/expressed meaning of its words) guides to the legality of fighting the rebelling faction (i.e. the one who oversteps the limits and refuses to go to the Shar’a for judgement). Fighting them remains legal and legitimate until (or liGhaayah/to the point) the rebelling faction returns back to the Hukm of Allah. This represents its Hukm for what is before the Ghaayah (i.e. before its aim has been fulfilled or reached).

The Mafhoom Al-Mukhaalafah indicates and guides to the prohibition of fighting the group after it has complied, meaning after it has stopped its rebellion and returned to the command of Allah. Another example:

The text establishes in its Mantooq (i.e. by the Dalaalat ul-‘Ibaarah) the Ibaahah (permissibility) to eat and drink in the nights of Ramadhaan until the dawn of Fajr i.e. liGhaayah (up until) the coming of Fajr.

The Mafhoom Al-Mukhaalafah has established the prohibition to eat and drink after that Ghaayah i.e. after the coming of Fajr in the month of Ramadhaan.

Another example:

The Dalaalat ul-‘Ibaarah (i.e. Mantooq) within the Aayah guides to the obligation of washing the hands to the Ghaayah (up until) the elbows in the act of Wudoo’ whilst the Mafhoom Al-Mukhaalafah indicates that the washing of the elbows and beyond is not required.

In respect to the Mantooq (expressed meaning) of the Nusoos (texts) that contain a Ghaayah (aim/end-point), the expression (‘Ibaaarah) within them (i.e. its Alfaazh/wordings), indicates that what is required, to realise the Hukm, is its application upon that which is before the Ghaayah (end-point/aim). As such, eating and drinking is Mubaah before Fajr, the washing of the hands (arms) is required up to the end point or extent (Ghaayah) of the elbows and fighting the rebellious faction is required or demanded until the Ghaayah (point) that it returns back to the judgment of Allah. It is not possible to accomplish the application of the Hukm upon that which is before the Ghaayah unless a part of the Ghaayah is entered into (or included within) what is before it. This is what is called the entering of Al-Ghaayah into Al-Mughyaa (the place of the end-point) and the entering of this part of the Ghaayah if it is required to accomplish the Waajib falls under Al-Qaa’idah Ash-Shar’iyah: “That which the Waajib is not completed except with (or by) it is Waajib”.

Consequently, a part of the elbow must be included into the washing of the hands (arms) within the Wudoo’ so as to accomplish the washing of the arms completely or effectively. The rebelling or aggressing faction must also stop its rebellion and announce its seeking judgment by Islaam before fighting against it is stopped. Similarly, a part of the night of fasting must be entered in to to complete it so that the Qawl of Allah Ta’Aalaa is realised:

And even if this part of the night was just a second or two.

It is the Dalaalat ul-Lafzh of a Hukm restricted to a number indicating the opposite of that Hukm in other than that number.

So the restriction of the Hukm by a specific number indicates and guides to the negation of the Hukm in respect to other than that number whether the number was an increase or decrease to it.

Example:

The Mantooq (the Dalaalat ul-‘Ibaarah) guides to the obligation of lashing the Qaadhif (the one who makes an accusation or gives testimony without the required number of witnesses in the case of Zinaa) with eighty lashes.

The Mafhoom Al-Mukhaalafah guides to the non-permissibility of lashing the Qaadhif with less or greater than eighty lashes. The Hadd (prescribed punishment) is not dropped (i.e. fulfilled) by less than eighty whilst increasing upon it is considered to be an act of oppression and violation.

Another example:

Allah (swt) said:

The Mafhoom Al-Mukhaalafah in respect to this Aayah indicates that fasting other than this number of days will not count (or fulfil what has been required in respect to the Kaffaarah).