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Deduction Methods And

Maqasid Shariah For Business


(BISS5033)
Wan Mohd Faris Afifi bin Wan Mahamud
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The Amm (General) and the Khass


(Specific)

The Amm (General)

At this point, to view that words are classified into the general and the
specified.

The ulema already identified certain linguistic patterns of words which


can clearly differentiate the Amm from the Khass.

The Amm (General)

Amm are define as word which includes many things and everything which
it is applicable.

For instance in surah (al-Asr, 103:1)

This related to mankind, which is general and includes every human being
without any limitation.

Amm is something that had unlimited number and a words have a single
meaning without any restriction.

The Amm (General)

The lafz (sighah) or arabic expression of amm.

Lafz jami, kaffah, kull.

Every (kull) person, for what he earned, is retained.


Jami words followed by alif and lam in the beginning.

Mothers may breastfeed their children two complete years for whoever
wishes to complete the nursing [period].

The Amm (General)


There are 3 types of Amm:
First, Amm which is absolutely general which may be indicated by a prefix
in the form of a pronoun.

For instance in surah Hud, verse 11;6,

At this ayat, it stated, there is no living creature on earth that God


does not provide for .

Which is ma min (no one or no leaving creature) are expression to


amm. So this ayat lead to general which preclude specification of any
kind.

The Amm (General)


Second, Amm which is meant to imply a khass.

This amm are arises but some not absolutely all the individuals to
whom it could possibly apply.

From surah al-imran verse 3;97, pilgrimage to the House is a duty owed
to God by all people who are able to undertake it. This show meaning
that children and lunatics or anyone who cannot afford to perform the
required duty are not included in this ayat.

The Amm (General)


Third, Amm which is not accompanied by either of the foregoing two
varieties of indications as to its scope.

divorced women must observe three courses upon themselves

Its a zahir amm in generality, its remain general unless there is


evidence to lead into khass.

Lafz amm from the view of Hanafis scholar and majority scholars.

Hanaf

Majority Scholars

Words used in lafz Amm are Qati


(clear) and not Zhanni (indefinite).

Words used in lafz Amm are


Zhanni (indefinite) and not Qati
(clear).

The meaning is the same as words


used in lafz khas.

Every lafal al-amm must be takhsis


before being practiced.

Khass (Specific)

Khass in literal meaning is itself.

Khass(specific word) is the opposite ofamm.Therefore, if we could


understand well the meaning ofamm, we could easily understand the
meaning ofkhass.

From the view of ulama ushul, khass means every lafz had been stated in
specific.

Khass (Specific)

Khass is divided into three categories,

First is khass syakhshiy (name), for example, Ahmad, Muhammad.


Second is khass Nauiy (types), for example a man, a women, a horse.
Third is khass Jinsiy (group), for example a human, animal, Jinn.
Other than that, khass also lafz which assigned to amount of meaning that
is not a substance like, knowledge, uncertainty, unknown and others.

Khass (Specific)

khass

Mutlaq

Muqayyad

Amar

Nahi

Lafz Khass from the view of Hanafis scholar and


majority scholars.
Hanaf

Majority Scholars

There are no different opinion between usul fiqh scholars about the
meaning of al-Khas
Dilalah al-Khas contains QatI and not Zhanni, unless there are dalil
(evidence) that shows other meaning.

Classification 1: The Amm (General)


and the Khass Specific)
Defnition Mutlaq

Defnition Muqayyad

From the view of ulama usul,


mutlaq is the lafz which is not
binding to anything.

From the view of ulama usul,


Muqayyad is the lafz which
binding to anything.

The lafz of khass which bring the


meaning of fardi
(someone/something).

Lafz of muqayyad bring the


meaning of its nature (sifah)

For instance, man, women,


book.

For instance, Malaysian man,


historical book.

Classification 1: The Amm (General)


and the Khass (Specific)

Example of hukm Mutlaq from al-Quran.

The mutlaq is still happen as long as there is no prove to bind it.

And those who pronounce zihar from their wives and then [wish to] go
back on what they said - then [there must be] the freeing of a slave
before they touch one another. That is what you are admonished
thereby; and Allah is Acquainted with what you do. (Al-Mujadilah : 3)

Classification 1: The Amm (General)


and the Khass (Specific)

Example of hukm Muqayyad from al-Quran.

Practice in suitable with binding of lafz Muqayyad and cannot be


eliminated unless theres dalil comes to eliminate it.

and the freeing of a believing slave. (An-Nisa : 92)

Mutlaq & Muqayyad


Hanaf

Majority Scholars

Mutlaq is only meant for mutlaq


and the same goes to muqayyad.

Hukm (legal) provisions between


mutlaq and muqayyad are the
same.

Lafz mutlaq cannot been changed


into muqayyad unless there are
dalil.
Example:
Mutlaq

Muqayyad

The kafarah for zihar is the person


must set free a slave (boy/girl)

The kafarah for an accidentally


killed is that freeing a mumin
(faithful) slave.

The word slave shows a mutlaq.

The words mumin (faithful) slave


shows a muqayyad.

amr

Definition of Amar.

The lafz in doing an act strictly.


For example,
And establish prayer and give zakah and obey the Messenger - that you
may receive mercy. (An-Nur : 56)

amr.
i.

Strict orders by using the word amr, and other related.

ii. Command in the form of news that the action was prescribed to
someone in by using the word kutiba (compulsory).
iii. Command by using the verb commands directly.

iv. Command in the form of promising a good things for those who follow
it.

Forms of amr.
1. Fiil amar , the striction of the command (al-baqarah:43)

2. Fiil Mudhari , that contain Lam Amri (

command) (al-baqarah:185)

3. Command that begin with khabar (news). (al-baqarah:233)

Amr

Hanaf

Majority Scholars

Istila is a must for amr. (from


Allah to mankind)

The lafz that shows a demands


from the superior to the
subordinate to do a job.

From majority scholars, hanafiyah and syafiiyyah, they agreed that an


order should not be executed immediately.

nahi

Definition of Nahi

Restriction, or claiming to not do anything clearly.

And do not approach unlawful sexual intercourse (Al-Isra : 32)

Forms of Nahi
1. Denied a condition. (al-isra:32)

2. Ayah that consist of haram (an-nisa:23) and forbid (an-nahl:90).

3. a command indicating to forbid.(al-anam:120)

Consequences of Nahi

Haram,(al-anam:151)

Makruh,

Doa (ali-imran:8)

Guidance (al-maidah:5)

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