Interpretation-I
An important issue in Usul-al-Fiqh is how to
interpret the basic sources of Islam, the Quran and the Sunnah. This
would require understanding the Quran and the Sunnah i.e., their text
and meaning of their texts. As such a person who wants to interpret
the Quran and the Sunnah at any level (in depth or otherwise) would
require the knowledge of Arabic language. For this reason, Ulama of
Usul include the classification of words and understanding their
meaning in the study of Usul-al-Fiqh.
Interpretation is not normally attempted if the text
itself is self-evident. However, the greater part of Fiqh or law is
derived through interpretation because most of the legal texts
not self-evident. It should be noted that Tawil
(interpretation) and Tafsir (explanation) is not the same thing.
Tafsir aims at explaining the meaning of the given text and deducing
a Hukum (rule) from it within the confines of its sentences. Tawil
(interpretation) goes beyond the literal meaning of the text and
bring out hidden meaning, which is often based on speculative
reasoning and Ijtihad.
All words are presumed to convey their absolute
(Mutlaq), general (Amm) and literal (Hakiki) meaning unless
departure to alternative is justified. (Discussion of these terms
will come later in this discussion). If the explanation or Tawil of
one part of the Quran and the Sunnah is provided in another part of
the Quran and Sunnah, it is called Tafsir Tashrii that is considered
integral part of the law. However, if Tafsir or Tawil take the
nature of opinion or Ijtihad, this is not considered integral part
of the law (the status of this part of law is less than the first
one, there is more difference among jurists on this part of law).
Interpretation (tawil) can be relevant. This type of Tawil is
accepted by all. However, interpretation can be very far-fetched
which is not accepted by a majority of scholar (for example, see
Hashim Kamali's book or any other text book on Usul). Zahiri
scholars do not normally accept interpretation. However, this
position is weak and impractical.
Clear words are of four types, according to a major
classification. They are Zahir, Nass, Mufassar and Muhkam.
Zahir
(manifest) is a word which has a clear meaning and yet open to
Tawil, primarily because the meaning is not in harmony with the
context. Nass is a clear word that is in harmony with the context,
but still open to Tawil. The distinction between Zahir and Nass is
whether the meaning is in harmony with the context or whether the
meaning is primary or secondary in the text concerned (see example
in usul text books). The obvious meaning of Zahir and Nass should be
followed unless there is reason to warrant recourse to Tawil. By
Tawil (interpretation), Amm may be specified, Mutlaq may be made
Muqayyad, Hakiki meaning may be abandoned in favor Mazazi. (See
examples in usul text books). Nass, apart from the above meaning has
another important meaning used by Fuqaha which means definitive text
or ruling of the Quran and Sunnah (we are not using this meaning
here).
Mufassar (unequivocal) and Muhkam (perspicuous) are
words whose meaning is absolutely clear and there is no need to take
recourse to Tawil. (Here is the difference between these words and
Zahir and Nass). There is no real distinction between Mufassar and
Muhkam in terms of clarity. However, the jurists have made a
distinction between Muhkam and Mufassar, which one is liable to
abrogation and which one is not. They hold Muhkam is not liable to
abrogation and Mufassar is liable to abrogation. However, there is
not much purpose in the distinction because nothing can be abrogated
now. (For examples, see Kamali's book).
Unclear words (Al Alfaz Ghairal Wadiha) are of four
types - Khafi (obscure), Mushkil (difficult), Mujmal (ambivalent)
and Mutashabih (the Intricate). [see details and examples in the
text books on Usul].
instance, the word Sariq (thief) is unclear as to whether it includes
a pickpocket. This has important implication because if pickpocket
is not included (as the majority holds) then, he would not be liable
to Hadd (that is, punishment prescribed in the Quran or Sunnah) but
will be liable to Tazir (punishment prescribed by the legislative
authority in the present day world, punishment given by judges in
the past).
Mushkil (difficult) is a word which has several meanings.
So Ijtihad and Tawil would be required in determing the correct
position in the context (there may be difference of opinion in this
area). Mushkil is inherently an ambiguous word, whereas Khafi has a
clear basic meaning. A text may become Mushkil in the existence of
conflicting text (see the conflict in verse 4:79 and 3:154 cited by
Kamali in his Islamic Jurisprudence).