BISS5033

Deduction Methods and Maqasid

Shariah for Business
(Dilalat lafz ala mana)

Prepared by:
Naim bin Abdul Rahaman 821928

Prepared for:
Assoc. Prof. Dr Asmadi Mohamed Naim
 Content

1.0 Introduction 2
2.0 Takwil 3
3.0 Level of Clarity of the Words 4
3.1 Zhahir
3.1.1 Hukm of Zhahir
3.2 Nass
3.2.1 Hukm of Nass
3.2.2 Differences between Zhahir and Nass
3.3 Mufassar
3.3.1 Hukm of Mufassar
3.4 Muhkam
3.4.1 Hukm of Muhkam
4.0 Level of Ambiguity 10
4.1 Khafiy
4.1.1 Hukm of Khafiy
4.2 Musykil
4.2.1 Hukm of Musykil
4.3 Mujmal
4.3.1 Hukm of Mujmal
4.4 Mutasyabih
4.4.1 Hukm of Mutasyabih
5.0 Conclusion 15
References 16

1
1.0 Introduction

Jurists has created a new branches of knowledge to be used by us, and it is something
that cant be compared with other knowledge in this entire world whether in the past or in this
era. This type of knowledge is called as Usul Fiqh. The main reason in creating this kind of
knowledge is to help people mostly for Muslim to learn and understand deeper on Al-Quran
and Hadith. Taking out the hukm from the nass of Al-Quran, and from its reliable source under
qawaid fiqhiyyah.

We knew that, this branches of knowledge were firstly introduced by Imam Shafie, as
he is the one that collected all the knowledge from every books written by scholars like Imam
Maliki and some other well-known scholars. However, hes only collecting it and make it into
a type of knowledge, as we call Usul Fiqh nowadays, and scholars before him already explained
on this study, but they dont put it under one topic only. It was scattered into many chapters.
Realized it may be needed by people to understand further the Holy Books, Al-Quran, and As-
Sunnah, Hadith, so Imam Shafie put it into one topic.

In this report, we will learn on the way to deduce hukm from its sources and also method
used by mujtahid in deducing the hukm. The main sources used are Al-Quran and Hadith. The
secondary is the sources of hukm to be backup for each dalil (evidence). Because the language
used in nass is in Arabic, so of course it is necessary, and obligated to know well on the
language and its method of language (balaghah) to interpret the nass. This report will explain
deeper on the process of hukm deduction from the revelation evidences by focusing the content
of word and its evidence (dilalah) to the meaning (al-mana).

2
2.0 Takwil

In order to understand on the way to deduce hukm by the words and meaning, we need
to understand the meaning of takwil.

In literal meaning, takwil is originates by the word

- ( return). The word return
means that we refer back to the word from before. In technical meaning, it is a study to
understand the lafz (word) with other than its zhahir (explicit) meaning with the possibility of
understanding it into other zhahir meaning. But, in order to change its meaning into other
meaning, it need to be supported by dalil. The reason for changing its meaning is that the other
meaning is much more suitable with the transliteration of Al-Quran and As-Sunnah.

For a simple understanding, takwil is the use of most suitable meaning towards its words.

3
3.0 Level of Clarity of the Words

The clarity of words toward its meaning, or its ambiguity, is divided into two divisions.
First, the clarity of the words, and the second one is the ambiguity of the words.

The clarity of the words is divided into four main level which are Zhahir, Nass, Mufassar,
and Muhkam. The level of this lafz is different. The lowest level of clarity is Zhahir, followed
by Nass, Mufassar, and the clearest is Muhkam as seen by the figure below.

4
3.1 Zhahir

Zhahir is the lowest level of clarity compared to other three. In literal meaning, zhahir is
clear. While in technical meaning, the word zhahir can be defined as self-explanatory or
explicit only by a simple reading. Which means that the explicit in its meaning does not need
to be depended on the external factors. As for the example, in Surah al-Baqarah, verse 275:

From the verse above, it is zhahir in permitting (halal) the trade and forbidding (haram)
the interest (riba). When we are reading the verse, we can quickly understand it by the word
halal and haram. But, the verse above does not mean that, the real meaning is to deny the
similarities of sale purchase and usury.

3.1.1 Hukm of Zhahir

It is possible to takwil the verse that contain zhahir, which means that it can change the
meaning towards other meaning. Just like to make it specific (khas) if it is Amm, or make it
as muqayyad it is mutlaq, or even understand it as majaz if the words mean haqiqah. It is
compulsory to accept its meaning as long as there are no dalil to change the real meaning of
zhahir.

Example on the verse permitted trade and forbidden riba. The words used in it are
zhahir and amm, however, if being specified (khas) to the sale of khamar, then it is Haram.

Can be nasakh on the days of Rasulullah because it cannot be nasakh after his wafah.

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3.2 Nass

In technical meaning, nass something that shows the lafaz and sighah, to a meaning
without being tied with external factors. The original meaning is from the words that appear.
Nass is used to reveal every verses in Al-Quran or hadith nabawi. By this meaning, the word
nass covering zhahir, nass, mufassar, muhkam with every meaning of its words.

Thus, nass is more zhahir, than the word zhahir itself. The example for nass is as below,
also from Surah al-Baqarah, verse 275:

The nass is zhahir in permitted (halal) the trade and forbidden (haram) riba. And also to
differentiate between sale purchase and usury. From its meaning, it shows that the unbelievers
(kaafiruun) was wrong in saying that trade and usury is the same.

3.2.1 Hukm of Nass

The word nass can be takwil and nasakh in the days of Rasulullah only. But if in this
days and era, the verse cannot be nasakh. It is compulsory to practice it as long as there are no
dalil that can be used to takwil.

3.2.2 Difference between Zhahir and Nass

Nass is clearer than zhahir in terms of the clarity of zhahir toward its meaning. The
meaning of nass is original intent from the displayed words. The meaning of zhahir is not
original, but based on the displayed words.

The possibilities of nass to be takwil is much further than zhahir. When there are conflict
between both of them, the priority towards nass is more than zhahir.

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3.3 Mufassar

The word mufassar is originates from word ( reveal). The meaning of mufassar is
exposed or revealed or elaborated. In technical meaning, the meaning of mufassar much more
clearer than nass, the meaning shows by itself a detailed interpretation, and may not possible
to takwil. We can see the example from Surah at-Tawbah, verse 36:

The word musyrik in this verse shows an isim zhahir that is general (amm), but may be
specific (khas). But when there are the word kaffah (everything), the khas is possible to
disappear.

3.3.1 Hukm of Mufassar

It hukm to practice with mufassar is compulsary. It may be nasakh in the days of

Rasulullah if the hukm can be categorized to nasakh. After the death of Prophet Muhammad,
every verse and words in al-Quran and Hadith that gain the status of Muhkam cannott be nasakh
anymore.

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3.4 Muhkam

In literal meaning, the word muhkam mean good and satisfactory. However, in technical
meaning, the words show the clear meaning and stronger than mufassar. So right now, muhkam
is the clearest among other three (zhahir, nass and mufassar).

Muhkam cannot be takwil and nasakh, ever. It cannot be takwil because the clarity of its
word already reach the limit that deny the possibility of the emergence of takwil. It also cannot
nasakh because the originality of its hukm and cannot be changed, but it can be changed if
accompanied by something to deny the possibility to nasakh.

Some of original hukm that cannot be nasakh are nass that related with:

Faith to Allah, the Afterlife, the Prophets.

Tyranny (zalim) that being prohibit.

Justice and fairness that are compulsory.

In conjunction with hukm juziy that being supported, the example is on the haram to
marry Rasulullahs wives after his death. (Surah al-Ahzab:53)

3.4.1 Hukm of Muhkam

It is compulsory to practice with it. The muhkams meaning cannot be changed, nasakh,
and abolished.

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 Zhahir Nass Mufassar Muhkam

The words clarity

towards meaning.

The meaning is the

original meaning.

Takwil.

Nasakh.

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4.0 Level of Ambiguity

The words toward its meaning has its ambiguity, where the meaning does not show the
meaning by itself. However, all of these words depend on the external factor. These words has
been classified into four main level, starting from the lowest level of obscure and might reach
the level of clear, into the level of most obscure, Khafiy, Musykil, Mujmal and Mutasyabih
respectively.

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4.1 Khafiy

Khafiy is a word that the meaning is towards zhahir. Only the suitability of its meaning
towards some parts, contains the ambiguity that need some explanation and analyzation to
eliminate its ambiguity.

From above example, the word killer shows lafaz amm, its zhahir word meant a killer,
whether it is intentional or not. From this matter, there are two opinion of ulama.

1st, unintentional murder is also referred to as murder. The murderer cannot inherit as
his carelessness causing the murder. As for the intentional murder, for sure he cannot inherit
as to prevent from family member that are greedy for money.

2nd, the word doesnt meant to the unintentional killing, because of he doesnt have any
bad intention. So, he does not deserve punishment like qisas, and no inheritance.

4.1.1 Hukm of Khafiy

It is a must for us to examine the reason that led to the unclear on the conformity with
the purpose of her words. If the meaning is suitable, so there are hukm on that. If not suitable,
theres no hukm.

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4.2 Musykil

Musykil is an isim that is not clear in its meaning and contain many forms until it is not
known which meaning to be used only if there are dalil to be depended on and can differentiate
from its other forms. A word whose meaning is difficult to discover except by another evidence
that removes the remaining ambiguity. On the other hand, musykil is a word that maybe have
many meaning, but the real meaning is only one from all of those meaning.

The ambiguity is because of the sighah does not show its meaning, but need an external
qarinah to explain the meaning. And this is the main cause for the mujtahid to give their
different view. Example on musykil,

The word quru, may be show the meaning of three times cleanse, or three times haid.

4.2.1 Hukm of Musykil

By that, the hukm of musykil is to analyze every qarinah that shows the intended meaning
and belief in the truth of the intended meaning. It is compulsory to search for the meaning until
it can be elaborated.

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4.3 Mujmal

In the literal meaning, the word mujmal is mubham, or uncertain. While in technical
meaning, it is an unelaborated word except explained by the mujmal itself. The meaning is
hidden because of so many meaning until cannot be known except by elaborating it. This is
because of there are no qarinah that shows the intended meaning by the one who wrote it.
Because the ambiguity on mujmal is only on its lafz.

The reason on the existence of mujmal is that sometimes the word from musytarak that
does not met its qarinah that can help the word to get its meaning. For example, in surah Al-
Marij, in verse 19:

The word explained by the verses after it:

The verse after it shows that the word give the meaning of a person, if he wants
to do something that is bad, it makes him impatient, and greedier to do it. He will feel an urge
to do it more. However, if he still wants to do something bad, but he still believes in Allah, he
can be withholding from doing it.

4.3.1 Hukm of Mujmal

Does not specify from its meaning and cannot practice it unless if there are from the law
(syariat) maker that eliminate the status of mujmal and derive its meaning. If the explanation
is perfect and certain the mujmal will be a part of mufassar just like the explanation from
Prophet Muhammad on the problem of zakat, solat and others.

To simply understand it, we need to belief on the truth of the meaning and suspense the
decision in it, until the elaborating evidence is found and the meaning is explained.

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4.4 Mutasyabih

The words meaning is hidden and there is no way we can find them. This is because of
there are no qarinah to get rid of it ambiguity, and only Allah know its meaning. This is what
was indicated by Usuls scholars on the definition of mutasyabih. For an example, in Surah al-
Fath, verse 10:

In the verse above, the saying of the hand of Allah, we cannot be equated it with our
hand, because we cannot interpret exactly His hand.

Another examples:

4.4.1 Hukm of Mutasyabih

We need to belief in its true. Once we read it, we need to give up the further investigation
because only Allah know its true hidden meaning.

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5.0 Conclusion

This study shows that in order to know how to deduce the hukm from Al-Quran and As-
Sunnah, the most important thing is that we need first to learn the Arabic language. Its not just
learn the meaning of Arabic language, but we also must know the grammar or nahu and sarf,
or learn on the style of the language, so then we can understand clearly and deeply on the
language. If not, maybe when we want to deduce the hukm from both sources, we might have
misinterpreted it. Once we are fully master the language, then we can continue with the study
of usul fiqh.

In usul fiqh, dilalah lafz ala mana or the clarity and ambiguity of words towards its
meaning is the most important part. From learning on this topic, we can learn and know whether
the words used in Al-Quran and As-Sunnah, is it giving a direct meaning or is it have a hidden
or many meaning. Only then we can know what we need to deduce and what do we need to
focus on while deducing the hukm.

Even if we are not on the level to deduce the hukm, still, we can learn on this study, to
know, based on verse from Al-Quran, and some quite from Hadith, what does it means, and
which matters it is related on.

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 References

al-Jarumi, A. (2010). Usul Fiqah: Prinsip-prinsip Perundangan Islam. Shah Alam: Pusat Penerbitan
Universiti (UPENA) UiTM.

Auda, J. (2008). Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach. London: The
International Institute of Islamic Thought.

Nyazee, I. A. (2003). Islamic Jurisprudence (Usul al-Fiqh). Petaling Jaya: The Other Press.

Suwari, M. F. (2009). Al-Madkhal ila Dirasah Usul al-Fiqh al-Islami. Kuala Lumpur: IIUM Press.

Zaidan, D. A. (2013). Kaedah Usul Fiqah. Batu Caves: Pustaka Al-Ehsan.

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