Introduction to Fiqh

1. Introduction toFiqh Part III

3. Methods of Derivation There are four levels & ways through which a ruling may be derived from any Nas: Al-Istidlal bi Ibaratin Nas Al-Istidlal bi Isharatin Nas Al-Istidlal bi dalalatin Nas Al-Istidlal bi Iqtidhain Nas Istidlal means to use as evidence / derive evidence or rulings from something

4. 1. Al-Istidlal bi Ibaratin Nas This means the derivation of a ruling through the explicit meaning of the text for which the text was primarily meant for. Ibarat un Nas is what is obviously perceptible from the text and also represents the principal theme of the text, if there are subsidiary themes also. Most of the Nusoos (legal texts) convey their rulings by way of Ibarah Al Nas. conveys a Hukm Qati (definitive ruling) on its own and does not require corroborative evidence.

5. Examples Obligations of Salah, Zakah, Sawm, Hajj etc. Obligation of dowry to be given to wife in the following verse: 4:4 And give the women (on marriage) their dowry as a gift; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer.

6. 2. Al-Istidlal bi Isharatin Nas This means the derivation of a ruling that has been alluded to in the text, but not expressly mentioned, nor is it primarily meant. Isharatun Nas is the second level of textual indication. The ruling derived from it is Qat�i, but the first level will supersede it if it contradicts a ruling derived through the first level.

7. Examples 2:236 There is no blame on you if you divorce women before consummation or the fixation of their dowry; but bestow on them (a suitable gift), the wealthy according to his means, and the poor according to his means; a gift of a reasonable amount is due from those who wish to do the right thing. It is not clearly mentioned that marriage can be contracted without prior fixation of a dowry, but it is alluded to in the verse. It must be known that the dowry is obligatory regardless of whether it is fixed before or after the marriage as proven from verse 4:4

8. Examples ???? ??????????? ??? ????? ??????? ???????? And upon the one for whom the baby is begotten (the father) is their (the wives�) provision and clothing according to what is common. The Ibaratun Nas of this verse is obvious from the translation. Jurists derive from the Ibaratun Nas that it is the husband�s responsibility to provide for the wife. At the same time, the usage of the words �al-mawlood lahoo� (the one for whom the child is begotten) instead of �al-walid� or �al-ab� (father) alludes that the lineage of the child is linked to the father.

9. 3. Al-Istidlal bi Dalalatin Nas This means the derivation of a ruling through a meaning inferred in the text even though it is not expressly indicated in the text. The ruling derived from it is Qat�i but, Dalalatun Nas is at the third level of textual indication, thus will be superseded by the 1st & 2nd in case of contradiction.

10. Examples 17:23 � And do not say �oof� to them� It is inferred from this verse that not only is it prohibited to say �oof� to your parents, but any type of verbal or physical means of abuse is also prohibited. Order of kaffara to the Bedouin Sahabi who deliberately broke his fast by having sexual intercourse with his wife. It can be rightfully inferred from this order that it was given because he had deliberately broken his fast and not because of him being a Bedouin, therefore this ruling will apply to all those that deliberately break their fast by committing intercourse and will not be restricted to that Bedouin only. It is also inferred that if a person commits any other violation of fasting e.g. eating and drinking, the same ruling will apply.

11. 4. Al-Istidlal bi Iqtidhain Nas This means the derivation of a ruling through a meaning regarding which the text is silent, yet it is required and must be assumed to properly fulfill the objective. A ruling derived from this is Qat�i, but Is at the 4th level of textual indication, thus will be superseded by the first 3 in case of contradiction.

12. Examples ????? ?????? And ask the town We must assume that it means �Ask the people of the town� 4:22 Prohibited upon you (for marriage) are: your mothers, daughters, sisters� The text does not mention that marriage to the above relations is prohibited, but it must be assumed.

13. Examples ???? ????? ?????? ????? ? ??? ???????... Unlawful for you are the carcass and blood and pork�(5:3) The text does not mention that the above are unlawful for consumption, but the text requires the missing element to be supplied in order to convey a complete meaning.

14. Examples of Conflict O you who believe! The law of equality in retaliation (qisas) is prescribed upon you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude. This is a concession and a Mercy from your Lord. 2:178 The ibarah of this text provides that equivalent retaliation must be executed. And whoever kills a Believer intentionally, his recompense is Hell, to abide therein (forever): and the wrath and the curse of Allah are upon him, and a dreadful penalty is prepared for him. 4:93 The ibarah of this text is that the punishment is hellfire. The isharah of this text is that no other punishment like retaliation is necessary.

15. And whoever erroneously kills a Believer, it is ordained that he should free a believing slave, and pay compensation to the deceased's family, unless they remit it freely. 4:92 The ibarah of this text is that expiation is necessary in the case of erroneous homicide. The dalalah (inference) of this text indicates that expiation should also be necessary in the case of intentional homicide because it is much more severe than the former And whoever kills a Believer intentionally, his recompense is Hell, to abide therein (forever): and the wrath and the curse of Allah are upon him, and a dreadful penalty is prepared for him. 4:93 The ibarah of this text is that the punishment is hellfire. The isharah of this text is that no other punishment like retaliation or expiation is necessary.