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Unformatted text preview: , the juridical Haqiqi is defined as a word which is used for a juridical meaning that the Lawgiver has given it in the first place, such as 'salah', which literally means 'supplication' but which, in its well-established juridical sense, is a particular form of worship. Similarly, the word 'zakah literally means 'purification', but in its juridical sense, denotes a particular form of charity whose details are specified in the Shari'ah. [75. Badran, Usul, p.394; Hitu,Wajiz, p. 112 .] It would take us too far afield to describe the sub-divisions of the Majazi, as we are not primarily concerned with technical linguistic detail. Suffice it to point out here that the Majazi has also been divided into linguistic, customary and juridical varieties. However, there is one other classification which merits our attention. This is the division of the Haqiqi and Majazi into plain (Sarih) and allusive (Kinayah). If the application of a word is such that it clearly discloses the speaker's intention, it is plain, otherwise it is allusive. The highest degree of clarity in expression is achieved by the combination of the plain (Sarih) and the literal (Haqiqi) such as the sentence 'Ahmad bought a house', or 'Fatimah married Ahmad'. The plain may also be combined with the metaphorical, as in the sentence 'I ate from this tree', while it is intended to mean 'from the fruit of this tree'. Principles of Islamic Jurisprudence ~ Kamali 114 [74. Hitu, Wajiz, p. 115.] The 'allusive' or Kinayah denotes a form of speech , which does not clearly disclose the intention of its speaker. It can occur in combination with the literal or the metaphorical. When a person wishes, for example, to confide in his colleague in front of others, he might say 'I met your friend and spoke to him about the matter that you know'. This is a combination of the literal and the allusive in which all the words used convey their literal meanings but where the whole sentence is allusive in that it does not disclose the purpose of the speaker with clarity. Supposing that a man addresses his wife and tells her in Arabic 'i'taddi' (start counting) while intending to divorce her. This utterance is allusive, as 'counting' literally means taking a record of numbers, but is used here in reference to counting the days of the waiting period of 'iddah. This speech is also metaphorical in that the 'iddah which is caused by divorce is used as a substitute for 'divorce'. It is a form of Majazi in which the effect is used as a substitute for the cause. [76. See for further detail on the various forms of the Majazi, Abdur Rahim, Jurisprudence, pp. 94-97; Badran, Usul, p. 397 ff.] When a speech consists of plain words, the intention of the person using them is to be gathered from the words themselves, and there is no room for further enquiry as to the intention of the speaker. Thus when a man tells his wife 'you are divorced', the divorce is pronounced in plain words and occurs regardless of the husband's intention. But in the case of allusive words, one has to ascertain the intention behind them and the circumstances in which they were uttered. Thus when a man tells his wife 'you are forbid...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.
- Spring '13