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

Thirdly: Al-mufassar

Its definition:

The Mufassar is the Lafzh (worded expression) that indicates its intended meaning from the Siyaaq (context or framing) with clarity or it is that which is increased in clarity by the explanation of another Daleel. It is not open to Ta’weel (interpretation) but is open to An-Naskh (abrogation) in the time of the Messenger (saw). The increase in clarity can originate from the same Seeghah (form) and it can also come from another Daleel (evidence).

A- Example of the first type:

Allah Ta’Aalaa said:

And those who accuse chaste women and then do not produce four witnesses - lash them with eighty lashes and do not accept from them testimony ever after (An-Noor 4).

The Aayah indicates with a Qat’iy (definite) Dalaalah (indication) that is not open to Ta’weel (interpretation) that the lashing of the Qaadhif (thrower of accusations) is 80 lashes. It is a defined and set number that is not open to interpretation in respect to increasing or decreasing it. It us this lifting (or removal) of the openness or the possibility for interpretation which adds to the clarity.

This strength in respect to clarity has consequently come from the same Seeghah (form).

B – Example of the second type:

That which is increased in clarity through the explanation of another Daleel.

Allah (swt) said:

And [due] to Allah from the people is a pilgrimage to the House - for whoever is able to find thereto a way (Aali ‘Imraan 97).

In respect to this and what is similar, the Nabi (saw) detailed and explained the meanings of the Salaah, the Zakaah and the Hajj, and he made clear what is intended from them through his statements (Aqwaal) and actions (Af’aal). These Alfaazh (wordings) then became from the (category of the) Mufassar which are not open to Ta’weel (interpretation). Consequently, in regards to everything that has come in the Qur’an Al-Kareem in terms of the Mujmal (undetailed) Alfaazh, and then the Sunnah came and explained it (i.e. provided its Tafseer), is considered to be from the ‘Mufassar’.

The Hukm of the Mufassar:

1 – It is obligatory to work (act) in accordance to the Mufassar definitely (Qat’an) in regards to what it guides to in terms of a Hukm by a clear Dalaalah.

2 – It is not open to At-Ta’weel (interpretation).

3 – There is no room for Ijtihaad in it when the explanation (Tafseer) is comprehensive.

4 – It is open to An-Naskh (abrogation) in the era of the Risaalah (message i.e. revelation).

5 – It is put ahead of the Nass and the Zhaahir because it is not open to interpretation whilst the other two are open to its possibility.

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

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