The book ‘Al-Waadih Fee Usool ul-Fiqh’ with both of its parts was completed on the day of Jumu’ah on the 20 th of the blessed month of Ramadhaan in the year 1411 Hijrah. So all praise belongs to Allah for His favour and blessings which helped me to complete it and prayers and peace be upon Muhammad His Nabi and seal of His Messengers, and upon the Prophet’s family and companions.
Al-haqeeqah And Al-majaaz (literal And Metaphorical)
If a Lafzh (wording) has been mentioned within a Shar’iy text and that Lafzh is open to the possibility of two meanings, where one is the Haqeeeqah (literal) and the other the Majaaz (metaphorical), then the Haqeeqiy (literal) meaning outweighs the Majaaziy (metaphorical).
Example:
Allah (swt) says:
Or you made contact with women and you find no water, then perform Tayammum (Al-Maa’idah 6).
The Lafzh ‘Laamastum’ (made contact/touch) is open to two possible meanings; the first is the Haqeeqah which is the touch by the hand and the other is the Majaaz meaning which is sexual intercourse. As long as there is no Qareenah (linking indication or connotation) within the text to take or divert the meaning away from its Haqeeqiy (literal) meaning to the Majaaziy (metaphorical) meaning, then the Haqeeqiy outweighs the Majaaziy. Consequently, the touching of the foreign woman – as taken from the Aayah – breaks the Wudoo’. This was the opinion taken by Ash-Shaafi’iy however Al-Imaam Abu Haneefah took the Majaaziy meaning and considered the Lafzh ‘Laamastum’ to mean ‘Jaama’tum’ (had sexual intercourse). He supported his opinion with Ahaadeeth of the Messenger of Allah (saw) which explained that he touched his women (wives) and performed the Salaah without making Wudoo’ again after the touch or coming into physical contact. As for the Haqeeqah (literal meaning), then Al-Haqeeqah Ash-Shar’iyah within the Shar’iyah texts outweighs the Haqeeqah Al-Lughawiyah (linguistic literal meaning) and the Haqeeqah Al-‘Urfiyah (customary literal meaning) as was mentioned within an example at the beginning of this subject area.
Abu Sufyaan Muhammad Hussein Abdullah 20th Ramadhaan 1411 AH Corresponding to 05/04/1991 CE Jordan