Understanding Usul Al-Fiqh by Abu Tariq Hilal - Abu Ismael al-Beirawi

As mentioned earlier, a Daleel is an evidence for an opinion, concept, ruling, or a thought from Islam. There are two aspects related to any Daleel, Riwayah (reportage) and Dalalah (meaning).

The Riwayah covers issues related to how the information was relayed to us, which includes the number and the integrity of its reporters.

The Dalalah is related to the meaning of the text in the Daleel. There are also two terms used in connection with Riwayah and Dalalah; Qata‟i and Dhanni.

Qata‟i is defined as being conclusive or decisive, while Dhanni is the opposite of Qata‟i and means non-definite, speculative or indecisive.

Any Ayah from the Qur‟an or Hadith Mutawatir is considered Qata‟i (conclusive) in its Riwayah (report).

The Qata‟i in Riwayah implies that the evidence is authentic without any shadow of doubt. This authenticity is established based on the methodology of transmission.

The methodology by which the Qur‟an was transmitted to us precludes any possibility of fabrication. The report was transmitted generation by generation in exactly the same manner. It is impossible for an entire generation to fabricate, erase, or add contents to the Qur‟an. It is inconceivable to believe that every single individual in that generation assembled together and agreed to add or delete parts of the Qur‟an. Everyone in that generation was reciting the same contents of the Qur‟an, thus authentifying its contents.

Hadith Mutawatir was not transmitted generation-by-generation, but rather by a large number of people. Due to the large number of people reporting the Daleel, and their diversity of residence, their established reliability and conviction, it is inconceivable that this Daleel could be wrong. Any report of information other than through the Qur‟an or Hadith Mutawatir, such as Hadith Ahad, is considered Dhanni (non-definite), meaning that there is a minute possibility that the Daleel could contain error. To summarise:

The second aspect of the Daleel is the Dalalah (meaning). If the text of Qur‟an, Hadith Mutawatir or Hadith Ahad is clear, specific, and has only one meaning, then it is considered Qata‟i. The text of a Qata‟i Daleel has to have only one meaning and cannot be open to any other interpretation. If the text is open to more than one interpretation, then it is considered Dhanni. Since interpretations are due to the Arabic language, any interpretation has to be justified through the Arabic language. To summarise:

“What your wives leave, your share is a half, if they leave no child”. (TMQ An-Nisa: 12)

“Those who accuse chaste woman of zina (adultery) and fail to bring four witnesses (to prove it) flog them eighty stripes.” (TMQ An-Nur: 4)

The quantitative aspect of these rulings, namely one half and eighty are clear and therefore cannot be open to any other interpretations.

“Whosoever lies about me (Prophet Muhammad saw) deliberately let him take his place in the hell-fire.” (Bukhari & Muslim)

This Mutawatir Hadith is very clear in its subject; thus there is only one understanding from the text that whoever lies about what Prophet (saw) said, intentionally, he will go to hell-fire.

It is reported from a non-Mutawatir Hadith that the Prophet (saw) fasted 6 days in Shawwal. The conclusive meanings from this Hadith are the following:

a) Permissibility of fasting 6 days in Shawwal.

b) Except on the first day of Shawwal, since it is the day of Eid, and it is Haram to fast on Eid.

Allah (swt) says:

“O you who believe! When you intend to offer As-Salat (the prayer), wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to ankles. If you are in a state of Janaba (i.e. had a sexual discharge), purify yourself (bathe your whole body). But if you are ill or on a journey or any of you comes from answering the call of nature, or you have been in contact with women and you find no water, then perform Tayammum with clean earth and rub therewith your faces and hands.” (TMQ Al-Maida: 6)

The verse says if you „lamastum‟ the women, it breaks the Wudhu. The word „lamastum‟ has been interpreted as having two meanings:

a) Touching b) Sexual intercourse Thus the Ayah has a Dhanni Dalalah, i.e. it could mean touching women breaks the Wudhu, or sexual intercourse with a woman breaks the Wudhu.

It was reported that the Prophet (saw) used to take off his Ihram in a specific manner. However, when the Sahabah (ra) told the Prophet (saw) that they took it off in a manner different from the way he (saw) took it off, the Prophet (saw) approved of their actions. Though this incident is Mutawatir, the rules to take off one‟s Ihram are many.

It is reported from a non-Mutawatir Hadith that the Prophet (saw) fasted 6 days in Shawwal. The non-definite meanings of this Hadith are:

a) Whether the six days of fasting are consecutive or not?

b) Fasting in which part of Shawwal?

So far we have discussed the Qata‟i and Dhanni aspects of both Riwayah and Dalalah separately. However, the method to determine whether the Daleel (both in Riwayah and Dalalah) is Qata‟i (conclusive) or Dhanni (non-definite) is the following:

Any idea, thought, or concept related to the „Aqeedah has to be based upon a Qata‟i Daleel. As an example, the concept that Angels exists is based upon a Qata‟i Daleel not Dhanni. Also, in Usul al-Fiqh, to establish a source for extracting rulings according to the strongest view, the source must base upon a Qata‟i Daleel as well.

As an example, to consider Ijma‟ as-Sahabah (consensus of the Companions) as a source of rulings, the Daleel to prove the authority of Ijma‟ as-Sahabah has to be Qata‟i both in Riwayah and Dalalah, though a ruling can be derived from either Qata‟i or Dhanni Daleel.

One might wonder why understanding the text of Qur‟an and Sunnah is so complicated?

By examining the text of Qur‟an and Sunnah one can see that it is limited in its volume. With its limited text one can generate rulings to any problems affecting us anywhere and anytime until the Day of Judgment.

It is a miracle from Allah (swt) that the texts of the Qur‟an and Sunnah have the ability to express numerous rulings from a single Ayah and Hadith; whereas, the ability to understand many meanings from a single text cannot be found in any other legal text in the world! The challenge is for Muslims in each generation to try to understand the text and relate it to their lives since the Qur‟an and Sunnah are relevant to all times and places.

Besides the point mentioned above, we have to realise that there are rules and guidelines related to understanding and deriving laws from the Qur‟an and Sunnah. No one, without being acquainted with these rules (Arabic language, rules which differentiate one type of text from another, etc.) can understand the text of Qur‟an and Sunnah.

Even to understand man-made constitutions, one has to spend a few years studying and understanding the text. So, how can we expect an individual who is unfamiliar with the Usul al-Fiqh to open up the Qur‟an and Sunnah and start extracting laws from it?

As defined earlier, Hukm Shar‟i are the rulings of Allah (swt) addressing our actions. These rulings are derived from certain sources. The sources, which are used to extract rulings, have to be based on Adilla Qata‟iya (Decisive evidences).

The four definitive sources of Hukm Shar‟i are; the Qur‟an, Sunnah, Ijma‟ as-Sahabah and Qiyas. These will be discussed in the following chapters. This will be followed by a brief summary of the disputed sources which the scholars disagree on.