Principles of Islamic Jurisprudence by MH kamali

Limiting polygamy to the maximum of four is the

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: ry prayers, to observe the fast during Ramadan, to enforce the prescribed penalties for certain offences, to give specified shares to the legal heirs in inheritance, etc., are all instances of 'ibarah al-nass. The effect of 'ibarah al-nass is that it conveys a definitive ruling hukm qat'i on its own and is in no need of corroborative evidence. But if the text is conveyed in general terms, it may be susceptible to qualification, in which case it may not impart a definitive rule of law but a speculative (zanni) evidence only. [3. Badran, Usul, pp. 419-420; Khudari, Usul, p. 119.] II. The Alluded Meaning (Isharah al-Nass) The text itself may not be obvious with regard to its alluded meaning, but it imparts, nevertheless, a rationally concomitant meaning which is obtained through further investigation of the signs that might be detectable therein. Since the alluded meaning does not represent the principal theme of the text and yet embodies a necessary inference, it is called isharah al-nass. The alluded meaning may be easily detectable in the text, or may be reached through deeper investigation and ijtihad. An example of the isharah al-nass in the Qur'an is the text concerning the maintenance of young children which provides: 'It is his [father's] duty to provide them with maintenance and clothing according to custom' (alBaqarah, 2:233). The explicit meaning of this text obviously determines that it is the father's duty to support his child. It is also understood from the wording of the text, especially from the use of the pronoun 'lahu' (his) that only the father and no-one else bears this obligation. This much is easily Principles of Islamic Jurisprudence ~ Kamali 119 detectable and constitutes the explicit meaning of this text. But to say that the child's descent is solely attributed to the father and his identity is determined with reference to that of the father is a rational and concomitant meaning which is derived through further investigation of the signs that are detectable in the text. [4. Abu Zahrah, Usul, p. 111; Khudari, Usul, p. 120.] Similarly, the rule that the father, when in dire need, may take what he needs of the property of his offspring without the latter's permission is yet another meaning which is derived by way of isharah al-nass. This meaning is derived from the combination of the text under discussion and the Hadith of the Prophet which proclaims that 'you and your property both belong to your father'. [5. Tabrizi, Mishkat, II, 1002, Hadith no.3354; Khallaf, 'Ilm, p.146.] Another example of a combination of the explicit and alluded meanings occurring in the same text is the Qur'anic ayah on the permissibility of divorce which provides, in an address to the believers: 'There shall be no blame on you if you divorce your wives with whom you had no sexual intercourse, nor had you assigned for them a dower' (al-Baqarah, 2:236). The explicit meaning of this text is that divorce is permissible prior to the consummation of marriage and the assignment of a dower. The alluded meaning here is the legality of concluding a contract of marriage without the assignment of a dower (mahr). For a divorce can only occur when there is a subsisting marriag...
View Full Document

Ask a homework question - tutors are online