--- title: "Usul-Al-Fiqh Made Easy (Part 22) - Ways of al-Istinbaat (Hanafiyyah)" canonical: https://arriqaaq.com/istinbaathanafi/ published: 2025-10-20T09:30:26.000Z updated: 2025-11-04T02:55:10.000Z tags: ["Fiqh"] author: "Arriqaaq" --- # Usul-Al-Fiqh Made Easy (Part 22) - Ways of al-Istinbaat (Hanafiyyah) ::image{src="/images/2025/10/Screenshot-2025-10-18-at-1.23.33---AM.png" width=full} In the previous section, we explored the **Ways of al-Istinbaat according to the Jumhoor (Majority)**. The Jumhoor classify textual interpretation based on **what the speech directly states** (*Al-Mantooq*) and **what it implies or suggests** (*Al-Mafhoom*). ::bookmark{url="/tag/fiqh/" title="Fiqh - Arriqaaq" description="Usul Al Fiqh Series Arriqaaq" author="Arriqaaq" publisher="Arriqaaq" icon="/images/icon/Flower-Fern-Business-logo-2-8.png" thumbnail="/images/thumbnail/Screenshot-2025-11-04-at-8.17.54---AM.png"} The **Hanafiyyah** developed a framework based on **modes of** ***Dalalah***. There are five **Mubhath (مبحث)** (*“research topic”* or *“sub-discussion")* under this*,* each represents one **category of indication** through which meaning is derived. Each *mubhath* defines a way in which the wording of the Qur’an or Sunnah conveys meaning — directly, indirectly, by implication, or by necessary connection. --- ## **The Five Mubhath According to the Hanafiyyah** According to the Hanafi scholars of *Usul*, there are **five major Mubhath** through which the Qur’an and Sunnah express meaning. Let's go through them one by one: ## ***Mubhath 1*** ::image{src="/images/2025/10/Screenshot-2025-10-18-at-1.24.19---AM.png" width=wide} ### **1. Dhahir** **Definition:** *Dhahir* is the speech that can bear two or more meanings, but one meaning is **clear and manifest** from the perspective of language, custom, or law — while the others remain possible. There is the possibility of **Ta’weel (figurative interpretation)**, **Takhsees (specification)**, or **Naskh (abrogation)**. However, the meaning of *Dhahir* is **not the reason for revelation**. **Ruling (Hukm):** It is **not permissible** to depart from the apparent actual meaning except with clear evidence of *Naskh*, *Takhsees*, or *Ta’weel*. **Example:** > “But Allah has permitted trading and forbidden interest.” > *(Qur’an 2:275)* From this verse, it is *Dhahir* (clear and apparent) that **trade is lawful** and **Riba (interest) is unlawful**. However, this was **not the reason for revelation**. The meaning of **“Aḥalla” (permitted)** and **“ḥarrama” (forbidden)** is clear and can be understood without any deep thinking or external evidence. Still, *Takhsees* can apply — for example: “Trade is Halal,” but **not all kinds of trade** are Halal (such as trade involving alcohol). --- ### **2. Nass** **Definition:** *Nass* is the speech that is **clear and manifest** from the perspective of language or law, **without the need of external factors** to understand it. The **meaning of Nass** is **the reason behind revelation**. *Nass* is **clearer than Dhahir**. **Ruling (Hukm):** It is **obligatory to follow** unless there is strong evidence of *Naskh* (abrogation), *Takhsees*, or *Ta’weel*. **Example:** > “They say, ‘Trade is no different than interest.’ But Allah has permitted trade and forbidden interest.” > *(Qur’an 2:275)* From this verse and its context, it is *Nass* that **trade and Riba are two different things** — the verse was revealed **to refute those who equated them**. --- #### **Difference Between Dhahir and Nass According to Hanafiyyah**
Aspect Dhahir Nass
Clarity Clear and manifest Clearer than Dhahir
Reason of Revelation Not the reason behind revelation Meaning is the reason behind revelation
Possibility of Ta’weel Possible Far-fetched but still possible
Preference in Contradiction Not preferred over Nass Preferred over Dhahir
--- ### **3. Mufassar** **Definition:** Linguistically derived from *Tafseer* (to unveil) which means unveiling. Technically, *Mufassar* refers to something **whose meaning is unveiled and has become fully clear**, leaving **no room for Ta’weel or Takhsees**. **Ruling (Hukm):** It is **obligatory to follow**, unless there is a clear evidence of *Naskh (abrogation)*. **Example 1:** > “Those who accuse chaste women of adultery and fail to produce four witnesses, give them eighty lashes each. And do not ever accept any testimony from them—for they are indeed the rebellious.” > *(Qur’an 24:4)* Here, the number **eighty** is *Mufassar* — it has no possibility of *Ta’weel*. **Example 2:** > “Establish prayer and give zakah.” > *(Qur’an 2:43)* The terms **Ṣalah** and **Zakah** are *Mufassar* because the Prophet ﷺ **practically explained them in detail**, leaving no ambiguity or room for interpretation. --- ### **4. Muhkam** **Definition:** Derived from *Ihkaam* — meaning precision or perfection. *Muhkam* refers to that which is **definitively clear in meaning**, with **no possibility of Ta’weel, Takhsees, or Naskh**. **Ruling (Hukm):** It is **obligatory to act upon it** without doubt. **Examples:** - All rulings that **do not accept Nashkh (abrogation)**, such as: - Belief in Allah and the Hereafter,Prohibition of injustice,Obligation of justice, etc. - Another example: > “And it is not lawful for you to harm the Messenger of Allah or to marry his wives after him, ever. Indeed, that would be, in the sight of Allah, an enormity.” > *(Qur’an 33:53)* The **prohibition of marrying the wives of the Prophet ﷺ** is *Muhkam* — absolute and inalterable. ---
Category Definition Ruling Example
Dhahir Meaning apparent but not cause of revelation. Follow unless clear evidence for exception. Qur’an 2:275 – trade vs. interest.
Nass Meaning is cause of revelation, clearer than Dhahir. Follow unless abrogated or specified. Qur’an 2:275 – trade and Riba distinct.
Mufassar Meaning fully unveiled, no Ta’weel or Takhsees. Obligatory to follow. Qur’an 24:4 – eighty lashes.
Muhkam Definitive meaning, admits no exception or abrogation. Must be acted upon absolutely. Qur’an 33:53 – prohibition after Prophet ﷺ.
--- ## ***Mubhath 2*** ::image{src="/images/2025/10/Screenshot-2025-10-18-at-1.25.17---AM.png" width=wide} ### **1. Al-Khafi** **Linguistic Definition:** Derived from *al-khafāʼ*, meaning **to hide** or **to be concealed**. **Technical Definition:** It refers to **a statement whose intended meaning is hidden due to an external factor**, not due to the wording itself. --- **Example 1:** > “As for the male and female thieves, cut off their hands.” > *(Qur’an 5:38)* The term **“as-sāriq” (the thief)** is *Khafi* in this verse. It clearly applies to one who **steals wealth of someone secretly from a secure place**. However, the question arises: - Does a **pickpocket** fall under “as-sāriq”? – Yes, because he steals property unlawfully and secretly. - Does a person who **steals burial cloth from a grave** fall under “as-sāriq”? – There is **difference of opinion**: - **Jumhoor (majority):** Yes, he is included under the broad term “as-sāriq”.**Hanafiyyah:** No, he is not, because the case differs in legal context. **Ruling (Hukm):** It becomes necessary to **consider external factors** to determine whether the word applies fully or partially to a given case. --- **Example 2:** The Messenger of Allah ﷺ said: > “The killer does not inherit.” > *(Sunan al-Tirmidhi 2109, Sahih)* Al-Tirmidhi commented: Based on this, according to the scholars, the killer does not inherit whether the killing was **deliberate or accidental**. Some of them said that if the killing was accidental, then he can inherit. This is the view of Malik. Will the killer who didn’t kill intentionally (Khafa \[hidden\] here) be included?  Scholars have differed over this issue. Thus, the ambiguity here lies in the **external factor** — whether the killing was deliberate or not. Hence, it is a case of *Khafi*. ---
Aspect Al-Khafi
Source of Ambiguity Hidden due to external factors, not the wording itself.
Resolution Method Examine external evidence and context.
Ruling Requires contextual clarification before applying the term.
--- ### **2. Al-Mushkil** **Linguistic Definition:** Derived from the expression أشكل عليَّ الأمر *ashkala ʿalayya al-amr* — “the matter is unclear to me.” **Technical Definition:** It refers to a **statement that can bear multiple meanings**, but **only one is intended**. Because of the **abundance of possible meanings**, the intended one becomes **unclear**, requiring **investigation, contemplation, and external evidence** to determine it. --- **Example:** > نِسَآؤُكُمْ حَرْثٌۭ لَّكُمْ فَأْتُوا۟ حَرْثَكُمْ أَنَّىٰ شِئْتُمْ ۖ > > Your wives are a place of cultivation for you, so come to your place of cultivation however you wish > *(Qur’an 2:223)* The word **(أَنَّى)** may mean either: - *How*, or - *From where.* External indicators determine the intended meaning. Hence, the meaning is *Mushkil* until clarified through external linguistic or contextual evidence. ---
Aspect Al-Mushkil
Source of Ambiguity Multiple meanings within the wording itself.
Need for Clarification Requires external evidence to select the intended sense.
Resolution Through linguistic or contextual clarification.
--- ### **3. Al-Mujmal** **Linguistic Definition:** It literally means "Mubham" which means “to make unclear” **Technical Definition:** It is a situation where **multiple meanings converge**, causing the intended meaning to become **ambiguous**, and it **cannot be understood** except through **clarification from the speaker**. --- **Example:** > ٱلْقَارِعَةُ ١ مَا ٱلْقَارِعَةُ ٢ وَمَآ أَدْرَىٰكَ مَا ٱلْقَارِعَةُ ٣ يَوْمَ يَكُونُ ٱلنَّاسُ كَٱلْفَرَاشِ ٱلْمَبْثُوثِ ٤ وَتَكُونُ ٱلْجِبَالُ كَٱلْعِهْنِ ٱلْمَنفُوشِ > The Striking Disaster! What is the Striking Disaster? And what will make you realize what the Striking Disaster is? ˹It is˺ the Day people will be like scattered moths, and the mountains will be like carded wool. (Quran 101:1-5) The term ٱلْقَارِعَةُ is *Mujmal* initially — its meaning is unclear until the following verses explain it as **the Day of Resurrection**, described as a time when people will be scattered like moths and mountains like carded wool. **Ruling (Hukm):** When a statement is *Mujmal*, **tawaqquf (suspension of judgment)** is required until the meaning is clarified by evidence. ---
Aspect Al-Mujmal
Nature Converging meanings make the intent indeterminate.
Clarification Source Must come from the original speaker or other revealed evidence.
Ruling Suspend interpretation until explanation is received.
--- ### **4. Al-Mutashabih (The Incomprehensible)** **Linguistic Definition:** It means **confusion**. **Technical Definition:** It refers to a **statement whose intended meaning cannot be known** — where **the hope of understanding is lost** to human reason. Its reality remains known only to Allah. --- **Example:** The h**uruf muqattaʿat** — the **disjointed letters** that appear at the beginning of certain Qur’anic chapters, such as: > “Alif Lām Mīm,” “Kaf Ha Ya ʿAyn Sad,” etc. These are *Mutashabih* — their meaning is unknown and only Allah knows best. ---
Aspect Al-Mutashabih
Nature Meaning is entirely concealed and cannot be determined.
Example Disjointed letters (ḥurūf muqaṭṭaʿāt) in the Qur’an.
Ruling Leave the meaning to Allah; no interpretation is attempted.
--- ## ***Mubhath 3*** ::image{src="/images/2025/10/Screenshot-2025-10-18-at-1.26.14---AM.png"} ### **1. Al-Haqiqah (Literal Meaning)** **Definition:** *Al-Haqiqah* refers to the **literal or original meaning** of a word — the meaning intended by the speaker when the term is used in its **primary, established sense**. **Types of Haqiqah:** 1. **Al-Haqiqah al-Lughawiyyah (Linguistic Literal Meaning)** 2. **Al-Haqiqah al-Shar‘iyyah (Shari (Legal) Literal Meaning)** 3. **Al-Haqiqah al-‘Urfiyyah (Customary Literal Meaning)** --- #### **1. Al-Haqiqah al-Lughawiyyah** The word is used in its original **linguistic and intended meaning** within the language. **Example:** Words such as *“sun,” “moon,” “stars”* — used for well known celestial bodies that emit light. --- #### **2. Al-Haqiqah al-Shar‘iyyah** The word is used in its **legal or religious sense**, as established by the **Lawgiver (Allah and His Messenger ﷺ)**. **Example:** Terms like *“Salah” (prayer)*, *“Zakah”*, *“Ḥajj” (pilgrimage)*, and *“Talaq” (divorce)* — all have meanings defined by Sharī‘ah distinct from their linguistic roots. --- #### **3. Al-Haqiqah al-‘Urfiyyah** The word is used in its **customary sense**, as understood by **a specific group or discipline**. **Examples:** - In *Usul al-Fiqh*: *“ʿAam” (general)* and *“Khaas” (specific)*. - In *Arabic grammar*: *“Marfuʿ,” “Mandub,” “Majrur”* - In *Hadith terminology*: *“Mudtarib,” “Mu‘allal,” “Shadh.”* ---
Type of Haqiqah Meaning Example
Lughawiyyah Literal meaning as used in the Arabic language. “Sun,” “moon,” “stars.”
Shar‘iyyah Meaning defined by divine law. “Ṣalah,” “Zakāh.”
‘Urfiyyah Meaning defined by professional or customary usage. “ʿAmm,” “Khāṣṣ” (in Usul).
--- ### **2. Al-Majaz (Metaphorical Meaning)** **Definition:** *Al-Majaz* means **metaphorical usage** — where a word is used in a **non-literal meaning** due to **a resemblance or relationship** between the original and intended meanings. **Example:** > “I saw a lion” — intended meaning: *a brave man.* Here, the word “lion” is used metaphorically to describe bravery, not the animal itself. --- #### **Important Note About al-Haqiqah and al-Majaz** The idea that the Arabic language contains al-majaz was proposed by Ahl al-Kalam and the Mu'tazilah. This was part of their attempts to justify their erroneous views regarding Allah's attributes. This claim was influenced by Greek philosophical ideas.  **Metaphoric Sentences (Not Majaz):** On the other hand, when we say "lower to them the wing of humility", the phrase "wing of humility" is metaphoric, not the individual word "wing". We understand from the context that this means to be kind and humble towards one's parents, even though humility does not literally have a "wing" to lower.  This type of metaphoric language is prevalent in the Quran, but it was not understood as "majaz" (allegory) in the Arabic tradition. It is simply a matter of metaphoric speech. **Metaphoric Words (Majaz)**: When we say ”Ali is a Lion", the word ”Lion" does not actually mean anything other than the animal itself. The metaphor lies in using the word “Lion” to describe Ali’s brave nature, rather than the word meaning “brave" inherently.
Type Explanation Example
Metaphoric Sentences (Not Majaz) The metaphor lies in the phrase, not in the individual word. The meaning is understood contextually. “Lower to them the wing of humility.” (Means: be humble to one’s parents.)
Metaphoric Words (Majaz) The metaphor lies in the word itself, used beyond its literal sense. “ʿAli is a lion” (the word “lion” represents bravery).
--- #### **Case Study: Touching Women and Wudhu** > أَوۡ لَـٰمَسۡتُمُ ٱلنِّسَآءَ > “...or you have been in contact with women...” > *(Qur’an 5:6)* - **Imam al-Shāfi‘ī** and his school held that *“lamastum al-nisā’”* means *touching*, and therefore, **touching a woman breaks wudhu**, since this is the **literal (Haqiqi)** meaning. - Others held that it means *sexual intercourse*, taking it as **Majaz** — a **metaphoric sentence** meaning intimacy, not mere contact. Imam al-Shafi and scholars of his school say that touching woman breaks Wudhoo because **اللمس** means touching and that is the original (Haqiqi) meaning of the word.  Others say “لَـٰمَسۡتُمُ ٱلنِّسَآءَ” in this verse refers to sexual intercourse as it is metaphorical sentence in this case (Majaz). So Hanafiyyah say that If we take “touching woman”, does it apply to all women?  What about those who have not reached puberty? etc. According to Shafiyyah they are not included in this. Thus, they have to do “Takhsees” of this verse as it doesn’t apply to all women. Thus, Hanafis say following the ayah absolutely without making takhsees by taking its Majazi meaning  is better than restricting it with Haqiqi meaning. Note: This issue is detailed and many other evidences are taken into account. --- ### **3. Al-Sareeh (The Clear Expression)** **Definition:** *Al-Sareeh* refers to an expression whose **intended meaning is evident and manifest through frequent usage**, whether it is **literal (Haqiqah)** or **metaphorical (Majaz)**. --- **Examples:** **Sareeh in Majaz (Metaphorical Clarity):** > “Ask (the people of) the town.” *(Qur’an 12:82)* > The phrase “ask the town” clearly means “ask the people of the town.” > Although *Majaz*, the intended meaning is *Sareeh* due to clarity and established usage. **Sareeh in Haqiqah (Literal Clarity):** > If someone says, “I divorce you.” > The meaning is clear and explicit — no context or intention is needed. --- ### **4. Al-Kinayah (The Allusive or Ambiguous Expression)** **Definition:** *Al-Kinayah* refers to **an expression whose intended meaning is hidden or indirect**, understood only through **context or intention**, whether the wording is literal or metaphorical. --- **Example:** If a man says to his wife: > “Start counting your days,” or “Observe your ‘iddah.” These phrases **do not explicitly mention divorce**, but they can **imply divorce** depending on the **speaker’s intention**. Hence, it is *Kinayah* — unclear by form but made meaningful through context. --- ### **Summary Table**
Category Definition Clarity Level Example
Al-Haqiqah Literal/original meaning. Fully clear. “Sun,” “Prayer.”
Al-Majaz Metaphorical meaning. Clear or rhetorical. “ʿAli is a lion.”
Al-Sareeh Clear and explicit in usage. Most explicit form. “I divorce you.”
Al-Kinayah Hidden or indirect meaning. Dependent on intention. “Count your days.”
--- ## ***Mubhath 4*** ::image{src="/images/2025/10/Screenshot-2025-10-18-at-1.26.57---AM.png"} ### **1. Ibaarah al-Nass** **Definition:** *Ibaarah al-Nass* refers to the **context or purpose for which the original statement was made**. In other words, this is where the sentence indicates towards that Hukm for which the statement was (actually) made. This is the most direct level of indication in the text, where the *nass* (wording) points clearly to its intended ruling. --- **Example 1:** > “And do not kill the soul which Allāh has forbidden \[to be killed\] except by \[legal\] right.” > *(Qur’an 6:151)* The verse itself, by its own expression, **prohibits killing** someone unlawfully. This prohibition is *Ibaarah al-Nass* — the explicit, intended meaning of the text. --- **Example 2:** > “And establish prayer and give zakah.” > *(Qur’an 2:43)* Here, the text itself **obligates prayer and zakah**. The wording directly communicates the command — this is again *Ibaarah al-Nass*. ---
Aspect Ibaarah al-Nass
Meaning The text indicates the ruling for which it was revealed.
Nature The explicit, direct meaning of the statement.
Example 1 Qur’an 6:151 – Prohibition of killing.
Example 2 Qur’an 2:43 – Obligation of prayer and zakah.
--- ### **2. Isharah al-Nass, Iqtida al-Nass, and Dalalah al-Nass** - **Isharah al-Nass** — also called *Dalalat al-Isharah* by the majority (*Jumhoor*). It refers to the *implied meaning rationally indicated by the wording itself.* This was covered previously under *Dalālat al-Isharah.* - **Iqtida al-Nass** — also called *Dalalat al-Iqtida* by the majority. It refers to meanings implied by *necessity* to make the sentence rationally or legally coherent. This was covered earlier under *Dalalat al-Iqtida.* - **Dalalah al-Nass** — also called *Mafhoom al-Muwafaqah* by the majority. It refers to *understood meaning in agreement with the stated meaning.* This was explained previously in the chapter on *Qiyas.* --- ## **Mubhath 5** ::image{src="/images/2025/10/Screenshot-2025-10-18-at-1.27.23---AM.png"}
Type Where Covered Reference from Class / Article Core Example Used
1. Mafhoom al-Sifah (Based on description) Usool Fiqh 23 – Section “Types of Mafhoom al-Mukhalafah” Under the heading “Mafhoom al-Sifah (Based on Description)” “Procrastination by a wealthy man is injustice.” → wealthy implies poor may be excused.
2. Mafhoom al-Shart (Based on condition) Usool Fiqh 23 – Same section “If they are pregnant, then maintain them until they deliver.” Condition of pregnancy implies non-pregnant not entitled.
3. Mafhoom al-Ghayah (Based on limitation) Usool Fiqh 23 – Same section “Then complete the fast until the night.” Limitation implies fasting ends at sunset.
4. Mafhoom al-Adad (Based on number) Usool Fiqh 23 – Same section “Those who accuse chaste women ... eighty lashes.” Number implies no increase or decrease beyond eighty.
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