Interpretation-II
Amm (General) and Khass (specific): From the point of view of scope, words are
classified into Amm (General) and Khass (specific).
Amm is basically
a word which has a single meaning and which applies to many things,
not limited in number, and it includes everything to which it is
applicable. Insan (human being) 'whoever' are example of Amm. When
the article Al (the) precedes a noun, the noun becomes Amm (see
example in the text book quoting 24:2, etc.). The Arabic
expressions Jami (all), Kaffah (all), Kull (all, entire) when
precede or succeed a word, the word becomes Amm. An indefinite word
(al-Nak?rah) when used to convey the negative becomes Amm. For
instance the Hadith 'la darar wa la dirar fil Islam' (no harm shall
be inflicted, no harm shall be accepted), [see usul text books].
When a command is issued by Amm words, it shall be applicable to all
it applies. In determining the scope of Amm, reference is made not
only to the rules of the language but also to the usage of the
people; and in case of conflict, priority is given to the latter.
Amm can be of 3 types -
a) Absolutely general [ref. The words
"ma min dabbatin" in Hud 11:6]
b) Amm which is meant to imply [Al
Imran : 97].
c) An Amm which has been specified elsewhere [see
Baqarah : 228 and Ahzab : 49 together, see also usul text books for
other examples and explanations].
The word "man" (in Arabic meaning he who) is Khass
in application but when used in conditional speech it becomes Amm.
(ref. The Al-Quran - 4 : 92, 2 : 185). Khass is a word which is
applied to a limited number of things but applies to everything to
which it can be applied. The words one, two, one hundred, Dina,
Jannah, Imran, Boby, a horse, a human being are Khass. Legal rules
or commands conveyed in specific terms are definite in application
and are not normally open to Tawil. There is general agreement that
Khass is Qati (definitive), i.e. it's meaning and application are
beyond doubt clear.
Ulama have differed on Amm, whether it is Qati or
Zanni. The majority holds it to be Zanni, minority holds it to be
Qati. The result of this disagreement becomes clear in the event of
conflict between Khass and Amm. In the case of two rulings on the
same point, one Amm and one Khass (in the Quran or the Sunnah),
according to the majority, Khass only explains the Amm. Minority
holds that Khass specifies the Amm (see the example in Kamali's book
under conflict between Amm and Khass).
According to all, Khass is Qati (Amm is not), as
such it will prevail over Amm. According to minority, Amm is also
Qati, and as such, Amm will be specified by Khass, if the two
rulings are chronologically parallel. Khass will be abrogated if Amm
is of later origin. Amm will be partially specified if Khass is of
later origin. According to majority, an Amm (general) proposition
may be specified by a dependent clause which may occur in the same
text (same verse or in another text (another verse). This may be
done by introducing an Istisna (an exception reference - 2 : 282), a
Shart (condition, ref. 4 : 12) or Sifah (quality, ref. 4 : 23) or by
indicating extent of application (ghayah, ref. 5 :
6).
The effect of Amm is that it remains in force unless
specified. Even after partial specification, Amm remains legal
authority for unspecified portion. According to the majority, Amm is
speculative as a whole, whether before or after Takhsis (limitation)
and as such open to Tawil. The cause (Sabab) of general ruling can
not limit the application of the ruling. For instance, Asbab an
Nazul (causes of revelation of verses of the Quran) will not limit
the application of law based on the verse to the cause
only.
Mutlaq and Muqayyid: Mutlaq denotes a word which is
neither qualified nor limited in its application. When we say 'a
? book', it applies to any book without restriction. Mutlaq is
unspecified and unqualified. When Mutlaq word is qualified by
another word or words, it becomes Muqayyad. For instance, 'a red
book'. Whereas Amm and Khass deal with scope of the words, Mutlaq
and Muqayyad deal with essentially qualification (though Mutlaq has
resemblance to Amm and Muqayyad has resemblance to Khass). An
example of Mutlaq is "Fa tahriru rakabatin" (freeing a slave) in
Sura Al-Maida (5 : 92). An example of Muqayyad is "freeing of a
believing slave" in Sura Nisa (4 : 92).
Mutlaq remains absolute in application unless there
is a limitation to qualify it (see example in the textbook). When
Mutlaq is qualified into Muqayyad, the latter will get priority (see
example in the textbook based on Quran 5 : 3 and 6 : 145). If there
are two texts on the issue, one Mutlaq and the other Muqayyad, if
they differ in their ruling and cause, both will operate, neither
will be qualified. This is the majority view. Imam Shafii differs
some what. He says that if the two texts vary in ruling but has the
same cause, the Mutlaq will be qualified by the Muqayyad (see
example based on verses 5 : 7 and 4 : 43 of the Quran). Early Hanafi
scholars think that if Mutlaq and Muqayyad differ in their causes,
one does not qualify the other.
Haqiqi (literal) and Majazi (metaphorical): Words are
normally used in their Haqiqi (literal) sense. Literal will normally
prevail over metaphorical, particularly in law. Most of the Quran is
Haqiqi. But Majazi also occurs in the Quran. For instance, the Quran
says in 40 : 13 that "Allah sends down sustenance from the heavens"
which in fact means 'rain' (other examples, see textbook).
If the metaphorical (Majazi) meaning becomes
dominant, it will prevail over the literal. For instance, the literal
meaning of "talaq" (that is release or removal of restriction) has
been abandoned for metaphorical meaning of divorce.
Haqiqi has sub-divisions of linguistic, customary
and juridical (please see the textbook). Haqiqi and Majazi have been
subdivided into "Sarih" and "Kinayah".
Sarih (plain) is a word where the meaning is plain.
You need not ask the speaker or writer to know the meaning. Kinayah
(allusive) is a form of speech which does not disclose the intention
of the speaker, you require further explanation from the speaker to
know the intention. For instance, the use of the word 'Itaaddi'
(start counting). Divorce is not clearly indicated (see,
Kamali).
Mushtarak: A Mushtarak is a word which has more than one
meaning. 'Ayn' in Arabic is a Mushtarak which may mean eye,
water-spring, gold and spy. Plurality of meaning of Mushtarak may be
because of usage or acquisition of metaphorical meaning over time.
The rule in regard to commands and prohibitions of the Shariah is
that the lawgiver does not intend to hold more than one meaning of
the Mushtarak (see examples in Kamali). The Mushtarak is in the
nature of Mushkil and it is for the expert (Mujtahid) to determine
the correct meaning in the context (Mujtahids may differ in this -
this happens always with Ijtihad).
Textual Implications (Al-Dala?ah): There are two
major analysis regarding levels of meaning of words and texts, the
Hanafi and Shafii. There is not much difference in essence between
the two.
The Hanafi Ulema of Usul have distinguished four levels of
meaning:
1. First level is Ibarah al Nass (the explicit meaning):
Ibarah al Nass is obviously perceptible from the text and also
represents the principal theme of the text, if there are subsidiary
themes also. (For example, limiting polygamy is a conclusion derived
by Ibarah an Nass from the verse 4 : 3)
Most of the Nasus (legal texts) of Shariah convey
their rulings by way of Ibarah Al Nass. Ibarah Al Nass conveys a
Hukm Qati (definitive ruling) on its own and does not require
corroborative evidence.
2. Second level is Isharah Al Nass: This is an
indicative meaning or alluded meaning present in the text. An
example of indicative meaning is the verse 2:236 where it is not
clearly said that marriage can be contracted without prior fixation
of marital gift but deeper investigation suggests so. (see, Kamali
for this and other examples. It may be noted that in any event
marital gift has to be given to wife in terms of verse 4 : 4 of the
Quran).
3. Third method of deduction is Dalalah Al Nass
(inferred meaning): This is a meaning derived from the spirit and
rationale of a legal text even if it is not indicated in the text.
For instance, from verse 17 : 23, we can infer that not only we can
not say "Uff" to parents, we can not use any abusive language (see
Kamali or other Usul books for examples).
4. Fourth method of deduction or level of meaning is
Iqtida Al Nass (required meaning): That is a
meaning on which the text is silent, yet it must be assumed to
fulfill proper objective. For instance, in verse 4: 22, it must be
assumed that prohibition of marriage of mother or daughter means who
are mothers or daughters through marriage (see examples in Kamali
and other Usul books). In case of conflict, the first level (Ibarah
Al Nass) will take precedence over second level (Isharah Al Nass)
and so on (for examples, see Kamali).
The Shafii Ulama of Usul have classified Texual implications into
two basic types - Dalalah Al Mantuq (pronounced meaning) and Dalalah
Al Mafhum (implied meaning). Dalalah Al Mantuq has been divided into
Dalalah Al Iqtida (required meaning) and Dalalah as Isharah (alluded
meaning). Dalalah Al Mafhum (implied meaning) has been subdivided
into Mafhum al Muwafaqah (harmonious meaning) and Mafhum Al
Mukhtalifa (divergent meaning or meaning not in accord with the
purpose of text). Shafiis do not accept Mafhum al Mukhtalifa unless
they fulfil six conditions (see Kamali for explanation and
examples). They have also imposed restrictions in regards to Sifah
(attribute), Shart (condition) and Ghayah (extent).
Hanafi scholars are more opposed to Mafhum Al
Mukhtalifa. They do not accept any meaning which is not in accord
with the text or its spirit. They do not accept it at all in the
case of interpretation of the Quran and the Sunnah.