Principles of Islamic Jurisprudence by MH kamali

Despite the technical differences that might exist

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Unformatted text preview: hich is not indicated in the text but is arrived at by way of inference. This is to a large extent concurrent with what the Hanafis have termed dalalah al-nass. But the Shafi'is have more to say on dalalah al-mafhum in that they sub-divide this into the two types of mafhum al-muwafaqah (harmonious meaning) and mafhum al-mukhalafah (divergent meaning). The former is an implicit meaning on which the text may be silent but is nevertheless in harmony with its pronounced meaning. This harmonious meaning (mafhum al-muwafaqah) may be equivalent to the pronounced meaning (dalalah al-mantuq), or may be superior to it. If it is the former, it is referred to as lahn al-khitab (parallel meaning) and if the latter, it is known as fahwa al-khitab (superior meaning). For example, to extend the Qur'anic ruling in sura al-Nisa' (4:10) which only forbids 'devouring the property of orphans' to other forms of mismanagement and waste, is a 'parallel' meaning (lahn alkhitab). But to extend the Qur'anic text which forbids the utterance of 'uff', that is the slightest word of contempt, to, for instance, physical abuse of one's parents, is a meaning which is 'superior' to the pronounced meaning of the text. [20. Hitu, Wajiz, p.124; Salih, Mabahith, p. 301.] The validity of these forms of harmonious meanings is approved by the ulema of all schools (except the Zahiris) who are generally in agreement with the basic concept of mafhum al-muwafaqah. But this is not the case with regard to mafhum al-mukhalafah, on which the ulema have disagreed. [21. Badran, Usul, p. 430.] As noted above, mafhum al-mukhalafah diverges from the pronounced meaning (dalalah al-mantuq) of the text, which may, however, be either in harmony or in disharmony with it. It is only when mafhum al-mukhalafah is in harmony with the pronounced meaning of the text that it is accepted as a valid form of interpretation, otherwise it is rejected. For an example of the divergent meaning which is in harmony Principles of Islamic Jurisprudence ~ Kamali 125 with the pronounced meaning of the text, we may refer to the Hadith which provides: 'When the water reaches the level of qullatayn (approximately two feet) it does not carry dirt.' 518.] [22. Ibn Majah, Sunan I, 172, Hadith no. In this way when a polluting substance falls into water of this depth, it is still regarded as clean for purposes of ablution. This is the pronounced, or explicit, meaning of the text. By way of mafhum almukhalafah, it is understood that water below this level is capable of 'retaining' dirt. This is an interpretation which is deemed to be in harmony with the pronounced meaning of the Hadith. Usul, II, 114.] According to the Shafi'is, deduction by way of mafhum al-mukhalafah is acceptable only if it fulfills certain conditions, which are as follows: firstly, that the divergent meaning does not exceed the scope of the pronounced meaning. For example, the Qur'anic ayah which prohibits 'saying uff' to one's parents may not be given a divergent meaning so as to make physical abuse of them permissible. Secondly, that the divergent meaning has not been left out in the first place for a reason such as fear or ignorance; for example, if a man orders his servan...
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