"And among His signs is that He created for you spouses from among yourselves that you may find tranquillity in them; and He placed between you affection and mercy. Indeed, in that are signs for a people who reflect."

— Surah Ar-Rūm (30:21)

Alḥamdulillāh.

One of the greatest blessings Allah ﷻ bestows upon us is the opportunity to serve His religion by making beneficial knowledge accessible to others. Every book we publish carries that aspiration—that authentic Islamic knowledge reaches more hearts, more homes, and more communities.

Today, by the grace of Allah, we are delighted to announce that Blissful Union by Dr. Syed Nooruzuha Barmaver is now available in Urdu.

This translation has been a labour of love, and we pray that Allah ﷻ accepts it from everyone who contributed to its completion.

📖 Why Blissful Union?

Marriage is one of the most discussed aspects of life, yet it is often one of the least understood.

Modern discussions are frequently shaped by cultural expectations, social media, or popular psychology, while authentic Islamic guidance is either overlooked or reduced to a handful of legal rulings.

When Blissful Union was first published, our intention was to present a balanced, evidence-based guide to marriage and intimacy—one rooted firmly in the Qur'an, authentic Sunnah, and the understanding of our scholars.

By Allah's permission, it has benefited readers from different parts of the world, and we have long hoped to make it accessible to an even wider audience.

🌍 Why Urdu?

For quite some time, we have received requests from readers asking whether Blissful Union would be translated into Urdu.

It was a request we deeply appreciated.

Urdu is the language of millions of Muslims, yet comprehensive works discussing marriage and intimacy through the lens of authentic Islamic scholarship remain relatively limited.

We believed that such an important subject should not remain inaccessible simply because of language.

Alḥamdulillāh, that hope has now become a reality.

📚 What You'll Find Inside

The Urdu edition faithfully preserves the content of the original work, covering topics such as:

• Preparing for marriage
• Choosing a righteous spouse
• Building love and companionship
• Rights and responsibilities of husband and wife
• Communication within marriage
• Marital intimacy according to the Qur'an and Sunnah
• Correcting common misconceptions
• Strengthening family life through authentic Islamic guidance

Throughout the book, discussions are supported by evidence from the Qur'an, authentic Hadith, the statements of the scholars, and contemporary research where appropriate.

🤍 Our Hope

Books have the ability to outlive their authors and publishers.

Long after they are written, they continue to educate, inspire, and benefit those who seek knowledge.

Our sincere hope is that this Urdu edition becomes a source of benefit for young Muslims preparing for marriage, newly married couples, families, students of knowledge, and anyone seeking to build a home upon the guidance of Allah and His Messenger ﷺ.

If even one family grows closer to Allah because of what they learn from this book, then we consider every effort invested in this project worthwhile.

We are truly grateful to finally share this Urdu edition with you.

"The best of you are those who are best to their wives."

— Jāmiʿ al-Tirmidhī

May Allah ﷻ make it a source of lasting benefit in this life and a means of reward in the Hereafter.

📥 Download

Both editions are available as free PDF downloads:

• Download Urdu edition (PDF)
• Download English edition (PDF)

The Urdu edition of Blissful Union is now available.

Ilm is our first open-source, collaborative project aimed at making the Qur’an and the Sunnah fully searchable and accessible.

As we prepare to launch our upcoming Mustalah al-Hadith series, we recognized the importance of helping users not only read hadith, but also visualize and interact with their isnads (chains of transmission).

GitHub - arriqaaq/ilm

Contribute to arriqaaq/ilm development by creating an account on GitHub.

arriqaaqGitHub

It currently indexes 34,457 hadiths from the six canonical collections (Kutub al-Sittah) with 18,000+ identified narrators and their transmission chains. The Quran is included with all 114 surahs, Tafsir Ibn Kathir commentary, word-by-word morphological analysis, and cross-references to related hadiths.

See our launch website on details on how to download it.

Ilm — Search the Quran & Sunnah

A semantic search platform for Islamic scholarship — Quran with tafsir, 34K+ hadiths with narrator chains, and interactive isnad graphs.

arriqaaq

The infrastructure supports expansion. The Sanadset dataset covers 650,000+ records from 926 books across the broader hadith literature. The project is open source and built to be extended.

Imagine what becomes possible when the hadith corpus is complete — every book, every chain, every narrator, searchable by meaning and traversable by graph. That is what this project is building toward. The architecture is designed so that adding a new hadith collection or tafsir source is a data ingestion task, not a rewrite. Whether you work with Arabic NLP, graph databases, Islamic scholarship, or frontend development — there is something here to build.

Why "Ilm"

For Muslims, the Quran and the Sunnah are the two primary sources of knowledge. The Quran has been preserved letter by letter through mutawaatir recitation chains spanning fourteen centuries. The Sunnah — the practice, statements, and approvals of the Prophet Muhammad ﷺ — is preserved through the science of hadith: a chain-of-custody system where every report is traced, narrator by narrator, back to the Prophet himself.

The word 'ilm (عِلْم) — knowledge — appears throughout the Quran. This project is named after it because that is what it serves: making these two sources searchable using modern tools, while staying grounded in the classical methodology that preserved them.

What Ilm Provides

• Quran Reader — 114 surahs with Tajweed Arabic, English translation, Tafsir Ibn Kathir, word-by-word morphology, early manuscript images, and similar phrase detection
• Hadith Explorer — 34,457 hadiths from the six canonical collections with Arabic/English text, narrator chains, and cross-references to Quran verses
• Narrator Networks — 18,000+ narrators with interactive graph visualization, reliability assessments, and teacher-student transmission networks
• Isnad Analysis — chain continuity, transmission breadth, pivot narrator detection, and word-level text comparison between hadith variants
• Hybrid Search — bilingual (Arabic + English) BM25 full-text fused with 1024-dim semantic vectors using Reciprocal Rank Fusion
• AI-Powered Q&A — natural language questions answered from Quran and Hadith sources, running entirely locally via Ollama
• Personal Study Notes — annotate any ayah or hadith with @mentions that embed Quran verses and hadiths inline

The rest of this article explains the domain complexity that drives the architecture, the technical challenges involved, and how everything fits together. If you study hadith science, you will recognize the domain concepts and see how they map to a graph database. If you build search systems or work with databases, you will see why this domain needs graph traversal, vector similarity, and full-text search working together — and what that looks like in practice.

Feature Walkthrough

Quran Reader

114 surahs with Tajweed Arabic (QPC Hafs font), Sahih International English, expandable Tafsir Ibn Kathir per ayah. Click any word to see its root, lemma, POS, and grammatical features. Early manuscript images from Corpus Coranicum (Berlin-Brandenburg Academy). Mutashabihat (similar phrases) detection across ayahs.

Hadith Explorer

34,457 hadiths from six collections: Sahih al-Bukhari (7,322), Sahih Muslim (7,454), Sunan an-Nasa'i (5,736), Sunan Abi Dawud (5,244), Sunan Ibn Majah (4,330), Jami at-Tirmidhi (3,925). Each detail page runs a single multi-statement query: hadith text + <-narrates<-narrator for the chain + references_hadith for linked ayahs + ->similar_to->hadith for related hadiths.

Narrator Networks

18,000+ narrators with interactive Sigma.js force-directed graph visualization. Each profile shows teachers, students, hadiths narrated, Ibn Hajar reliability grade, and biographical data. The graph uses tabaqah-based layering.

Hybrid Search

Three modes: Hybrid (BM25 + vector via RRF), Text (BM25 only), Semantic (vector only). Works in Arabic and English. The Explore page searches Quran and Hadith simultaneously.

Personal Study Notes

Rich editor with @mentions: type @2:255 to embed Ayat al-Kursi inline, or @bukhari_1 for a hadith. Mentions resolve to rich cards with actual Arabic text + translation. Tags, color-coded highlights, full-text search, JSON export. No user accounts — notes stored by device ID.

Early Manuscripts

https://github.com/arriqaaq/ilm/tree/main#early-manuscriptsPer-ayah manuscript images. Click "Manuscripts" on any ayah to view high-resolution scans of early Quranic manuscripts.

The Domain: Why This Is Complex

What Is a Hadith

A hadith has two parts: the sanad (chain of narration) and the matn (text). Every hadith traces its content back to the Prophet through a sequence of named individuals, each of whom transmitted it to the next.

In the example above, al-Bukhari (d. 256 AH / 870 CE) records a chain of six narrators linking him back to Jubayr ibn Mut'im, a Companion who heard the Prophet directly. The chain passes through Abdullah ibn Yoosuf, then Maalik ibn Anas, then az-Zuhri (Muhammad ibn Shihaab), then Muhammad ibn Jubayr, then his father Jubayr ibn Mut'im. Every link in this chain is a historical person whose character, memory, and chronological plausibility must be verified.

The Narrator Graph

This is where the modeling challenge begins. The chain structure is not a simple linked list — it is a dense, directed graph:

A single narrator like Abu Hurayrah (may Allah be pleased with him) appears in over 4,700 hadith chains in the dataset. A single hadith can have multiple parallel chains — the same report transmitted through different narrators, creating variant chains that must be tracked separately. Narrators are shared across chains: az-Zuhri appears in the isnads of thousands of hadiths, connected to Companions like Abu Hurayrah and Ibn 'Umar through the Tabi'een who heard from them. Every heard_from edge carries metadata: which specific hadith this transmission belongs to, and the position in the chain.

At scale: 18,000+ narrator nodes, 34,457 hadith nodes, ~300,000 heard_from edges (student→teacher), and ~150,000 narrates edges (narrator→hadith). This is not a tree — it is a directed acyclic graph with extensive cross-linking. With the current 6 canonical collections, the graph has ~450K edges. The Sanadset dataset covers 650,000+ hadith records from 926 books — ingesting the full corpus would multiply the graph several times over, with potentially millions of narrator-to-narrator and narrator-to-hadith edges.

Quran ↔ Hadith Cross-References

The Quran and the Sunnah are not separate silos. Hadiths explain Quranic verses, and Quranic verses provide context for hadiths. This creates a bipartite graph:

A single ayah on righteousness (2:177) references dozens of hadiths on prayer, charity, patience, and kinship. A single hadith on prayer may be referenced by verses across multiple surahs. Each ayah also has Tafsir Ibn Kathir commentary — often thousands of words — that is chunked into segments (1500 chars, 200-char overlap) for fine-grained semantic retrieval. Each chunk gets its own embedding.

Arabic Text Challenges

Arabic script introduces normalization problems that can break the entire graph if not handled:

The same narrator appears with different diacritics, different alef variants (أ vs إ vs آ vs ا — four Unicode code points), taa marbuta vs haa (ة vs ه), and different grammatical cases for kunya patronymics (ابي in genitive vs ابو in nominative). Without normalization, Abu Hurayrah would be four different records in the database — breaking every isnad chain that passes through him.

The normalization pipeline strips diacritics (tashkeel: Unicode 0x064B-0x065F), unifies alef variants, converts taa marbuta to haa, normalizes kunya case, and resolves relative references like "his father" to actual narrator names by extracting them from patronymics.

Arabic morphology also prevents generic stemming for search. The same three-letter root produces dozens of surface forms through vowel patterns, prefixes, and suffixes. A snowball stemmer would incorrectly conflate semantically distinct forms. This is why the project uses separate BM25 analyzers: English gets snowball stemming, Arabic gets tokenization only.

The Embedding Challenge: Why Co-Location Matters

Every text in the system needs a dense vector embedding for semantic search. But the embeddings must live alongside the data — not in a separate vector database:

Three tables carry 1024-dimensional embeddings (via BGE-M3, a multilingual model):

• hadith — each of the 34,457 hadiths embeds concatenated Arabic + English text with narrator context
• ayah — each of the 6,236 Quran verses embeds Arabic + English text
• tafsir_chunk — tafsir commentary is too long for a single embedding, so it's split into ≤1500-char chunks with 200-char overlap; each chunk gets its own embedding

All three have HNSW indexes for sub-millisecond KNN search. When the RAG pipeline retrieves a hadith, it needs the text, the narrator chain (via graph traversal), and the similarity score — all in one query. If embeddings lived in Pinecone while text lived in Postgres and chains lived in Neo4j, every retrieval would require three round-trips across three services. With embeddings co-located in the same database as the data they describe, it is one query, one round-trip.

How Hadith Chains Are Evaluated

The classical science of mustalah al-hadith evaluates chains on multiple dimensions, each of which maps to a database table:

• Route count — how many independent chains transmit the same hadith. Mapped to isnad_analysis.breadth_class: mutawatir (≥10 at every generation), mashhur (≥3), aziz (≥2), gharib (only 1 at some level)
• Chain continuity — whether every link in the chain is connected. Mapped to chain_assessment.continuity: muttasil (connected), munqati' (broken), mursal (Tabi'i skips Sahabi), mu'allaq (missing from beginning), mu'dal (2+ consecutive missing)
• Narrator reliability — each narrator is assessed by classical scholars on a spectrum from fully trustworthy to fabricator, with detailed citations from biographical dictionaries like Ibn Hajar's Taqrib al-Tahdhib. Mapped to the evidence table with source references.

For the complete mustalah al-hadith framework — including all classification types, narrator assessment grades, corroboration rules, and defect detection — see docs/METHODOLOGY.md.

The Multi-Database Problem

Consider what a database must handle to model this domain:

1. Deep graph traversal — narrator chains 10-15+ nodes deep, reachability computation, bottleneck detection, chronology validation (a generation-1 Companion cannot have heard from a generation-3 scholar)
2. Full-text bilingual search — BM25 on Arabic text (no stemming) and English text (snowball stemming), fused into a single ranked list
3. Vector search at scale — 1024-dim HNSW KNN across 34K+ hadiths, 6K+ ayahs, and ~20K tafsir chunks
4. Metadata on edges — heard_from edges carry hadith_ref and chain_position; narrates edges carry chain_position
5. Fusion in a single query — BM25 English + BM25 Arabic + vector KNN fused with Reciprocal Rank Fusion
6. RAG context assembly — vector search to find relevant hadiths + graph traversal to fetch narrator chains + text retrieval for tafsir — all in one round-trip to build LLM context

The traditional approach requires Neo4j for the graph, Elasticsearch for BM25, Pinecone for vectors, and PostgreSQL for relational data — four services, four query languages, and custom orchestration code to join results across them.

I had attempted this project multiple times over the years, each time getting stuck on this orchestration. SurrealDB was the first database where I could model narrator chains as graph edges, index hadith texts for BM25, index embeddings for HNSW vector search, and fuse all three result sets with a single search::rrf() call — in one query, one round-trip, one database.

Architecture

• Backend: Rust with Axum (async HTTP)
• Frontend: SvelteKit 2 with Svelte 5 (static SPA served by Axum)
• Database: SurrealDB embedded via SurrealKV — no separate server process
• Embeddings: FastEmbed with BGE-M3 (1024-dim, multilingual) or Multilingual E5-Small (384-dim)
• LLM: Ollama running locally for RAG Q&A

The entire application is a single binary. cargo run -- serve starts the database, the API server, and serves the frontend — all in one process.

Schema Deep Dive

Every table, every edge, every index — and how they map to the domain concepts above.

Core Nodes

DEFINE TABLE narrator SCHEMAFULL;
DEFINE FIELD name_ar           ON narrator TYPE option<string>;
DEFINE FIELD name_en           ON narrator TYPE string;
DEFINE FIELD generation        ON narrator TYPE option<string>;  -- tabaqah number
DEFINE FIELD kunya             ON narrator TYPE option<string>;  -- patronymic (Abu X)
DEFINE FIELD aliases           ON narrator TYPE option<array<string>>;
DEFINE FIELD reliability_rating ON narrator TYPE option<string>;
DEFINE FIELD ibn_hajar_rank    ON narrator TYPE option<string>;
DEFINE FIELD hadith_count      ON narrator TYPE option<int>;    -- pre-computed via graph
DEFINE INDEX narrator_name ON narrator FIELDS name_en;

The hadith_count is pre-computed with a single graph aggregation query: UPDATE narrator SET hadith_count = count(->narrates->hadith).

DEFINE TABLE hadith SCHEMAFULL;
DEFINE FIELD text_ar       ON hadith TYPE option<string>;
DEFINE FIELD text_en       ON hadith TYPE option<string>;
DEFINE FIELD hadith_type   ON hadith TYPE option<string>;  -- marfoo'/mawqoof/qudsee
DEFINE FIELD embedding     ON hadith TYPE option<array<float>>;
DEFINE INDEX hadith_vec ON hadith FIELDS embedding HNSW DIMENSION 1024 DIST COSINE;

Graph Edges: The Core of Isnad

-- "Narrator B heard from Narrator A" (student → teacher, toward Prophet)
DEFINE TABLE heard_from TYPE RELATION FROM narrator TO narrator;
DEFINE FIELD hadith_ref    ON heard_from TYPE option<record<hadith>>;
DEFINE FIELD chain_position ON heard_from TYPE option<int>;

-- "Narrator narrates Hadith"
DEFINE TABLE narrates TYPE RELATION FROM narrator TO hadith;
DEFINE FIELD chain_position ON narrates TYPE option<int>;

-- "Hadith belongs to Book"
DEFINE TABLE belongs_to TYPE RELATION FROM hadith TO book;

Reconstructing a full chain:

SELECT in AS student, out AS teacher, chain_position
  FROM heard_from WHERE hadith_ref = hadith:SB_1
  ORDER BY chain_position;

Bidirectional narrator traversal:

-- Teachers
SELECT ->heard_from->narrator.* AS teachers FROM narrator:N_123;
-- Students
SELECT <-heard_from<-narrator.* AS students FROM narrator:N_123;

Quran and Cross-References

DEFINE TABLE ayah SCHEMAFULL;
DEFINE FIELD text_ar     ON ayah TYPE string;       -- Uthmani Hafs
DEFINE FIELD text_en     ON ayah TYPE option<string>;   -- Sahih International
DEFINE FIELD tafsir_en   ON ayah TYPE option<string>;   -- Ibn Kathir
DEFINE FIELD embedding   ON ayah TYPE option<array<float>>;
DEFINE INDEX ayah_vec ON ayah FIELDS embedding HNSW DIMENSION 1024 DIST COSINE;

DEFINE TABLE references_hadith TYPE RELATION IN ayah OUT hadith;

DEFINE TABLE tafsir_chunk SCHEMAFULL;
DEFINE FIELD ayah_id     ON tafsir_chunk TYPE record<ayah>;
DEFINE FIELD chunk_text  ON tafsir_chunk TYPE string;
DEFINE FIELD embedding   ON tafsir_chunk TYPE option<array<float>>;
DEFINE INDEX tafsir_chunk_vec ON tafsir_chunk FIELDS embedding HNSW DIMENSION 1024 DIST COSINE;

Full-Text Search Indexes

DEFINE ANALYZER en_analyzer TOKENIZERS blank,class FILTERS lowercase,snowball(english);
DEFINE ANALYZER ar_analyzer TOKENIZERS blank,class;

DEFINE INDEX hadith_text_en ON hadith FIELDS text_en
    FULLTEXT ANALYZER en_analyzer BM25 HIGHLIGHTS;
DEFINE INDEX hadith_text_ar ON hadith FIELDS text_ar
    FULLTEXT ANALYZER ar_analyzer BM25 HIGHLIGHTS;

The Hybrid Search Query

Three search strategies fused in one query:

LET $vs = SELECT id, vector::distance::knn() AS distance
    FROM hadith WHERE embedding <|20,80|> $query_vec;

LET $ft_en = SELECT id, search::score(1) AS ft_score
    FROM hadith WHERE text_en @1@ 'prayer at night'
    ORDER BY ft_score DESC LIMIT 20;

LET $ft_ar = SELECT id, search::score(2) AS ft_score
    FROM hadith WHERE text_ar @2@ 'قيام الليل'
    ORDER BY ft_score DESC LIMIT 20;

RETURN search::rrf([$vs, $ft_en, $ft_ar], 20, 60);

Vector KNN, English BM25, Arabic BM25 — fused with Reciprocal Rank Fusion (k=60). One query, one round-trip. The <|20,80|> syntax means "return 20 results, searching through 80 HNSW graph nodes."

Scholarly Evidence Model

DEFINE TABLE evidence SCHEMAFULL;
DEFINE FIELD narrator ON evidence TYPE record<narrator>;
DEFINE FIELD rating   ON evidence TYPE option<string>;
DEFINE FIELD scholar  ON evidence TYPE option<string>;
DEFINE FIELD work     ON evidence TYPE option<string>;
DEFINE FIELD citation_text ON evidence TYPE option<string>;
DEFINE FIELD layer    ON evidence TYPE string;  -- "reported" or "computed"

Classical assessments from Taqrib al-Tahdhib are stored as "reported" layer evidence with full citations. The tool never overrides classical scholarly judgement.

RAG: Graph-Enhanced Retrieval

The project implements three RAG modes, all running locally via Ollama:

Unified RAG (Quran + Hadith)

1. Embed the user's question with BGE-M3 (1024-dim, multilingual)
2. Parallel HNSW search: 4 most relevant ayahs + 4 most relevant hadiths
3. Graph traversal: batch-fetch narrator chains for all retrieved hadiths with a single query: SELECT out AS hadith, in.name_ar, in.name_en FROM narrates WHERE out IN $hids
4. Build context: ayah references (surah:ayah + text + tafsir truncated to 1000 chars) + hadith references (number + chain + text)
5. Stream response from Ollama with system prompt: "Answer using ONLY the Quranic verses and hadiths provided below. Cite surah and ayah numbers. Cite hadith numbers. Mention the chain of narration when relevant."
6. SSE to frontend: sources first, then streamed answer with citations

Agentic RAG (Intent Classification)

For narrator-specific questions ("How many hadiths did Abu Hurayrah narrate?", "Who were az-Zuhri's teachers?"), the system first classifies intent via a lightweight LLM call, then runs structured graph queries instead of semantic search:

• narrator_info → biography + reliability grade
• narrator_count → reads pre-computed hadith_count (O(1))
• narrator_teachers → SELECT ->heard_from->narrator.*
• narrator_students → SELECT <-heard_from<-narrator.*
• chain_between → path finding between two narrators
• content → falls back to semantic RAG

This means narrator questions are answered with exact database results, not LLM guesses. The LLM only formats the response; the data comes directly from the graph.

Why One Database Matters for RAG

SurrealDB functions as a unified context layer for the RAG pipeline. Graph edges, HNSW vector indexes, BM25 full-text indexes, and relational tables coexist in the same engine, queryable in the same SurrealQL statement. The narrator chain traversal (->heard_from->narrator) and the vector search (embedding <|4,80|> $query_vec) happen in the same connection, the same transaction. There is no orchestration layer between "find relevant hadiths" and "get the narrator chain for each." The context sent to the LLM includes both semantic relevance and structural provenance — because both come from the same query.

This matters for a collaborative project that needs to scale. SurrealDB supports multiple deployment modes from the same query language:

• Embedded (SurrealKV) — single binary, no server process. This is how Ilm runs today: cargo run and everything is in one process.
• Single-node (RocksDB) — file-based persistent storage for production single-server deployments.
• Distributed (SurrealDB Cloud or TiKV backend) — multi-node cluster with separation of compute and storage, horizontal scaling for both reads and writes.
• Browser (WebAssembly + IndexedDB) — runs directly in the browser for offline-capable applications.

The same SurrealQL queries work across all deployment modes. Ilm can start as an embedded single-binary tool and scale to a distributed service as the corpus grows from 34K hadiths to the full 650K+ records — without rewriting the query layer. The choice of SurrealDB was driven by the modeling requirements described above: graph, vector, full-text, and relational in one engine. That it also provides a scaling path from embedded to distributed is what makes the project viable as a long-term collaborative platform.

Isnad Analysis Engine

The mustalah classification is implemented computationally. The engine reports structural facts — it does not override classical scholarly grading.

• Hadith Family Clustering: Variants of the same hadith grouped by embedding similarity (cosine ≥ 0.85) confirmed by shared narrators. Uses Union-Find for efficient clustering.
• Chain Continuity Assessment: Walks each chain checking heard_from edges, generation gaps, and mursal patterns. Classifies as muttasil, munqati', mursal, mu'allaq, or mu'dal.
• Transmission Breadth: Groups narrators by tabaqah, counts per level → mutawatir/mashhur/aziz/gharib.
• Pivot Narrator Detection: Identifies the madar al-isnad — the narrator the family's transmission depends on. Computes bundle coverage, fan-out, and bypass count.
• Chronology Validation: Rejects impossible heard_from edges where generation gaps ≥ 2 (signals a tahweel — compound chain boundary). Splits concatenated chains at these boundaries.
• Matn Diffing: Word-level LCS between variant texts, with segments marked as unchanged/added/missing.

Data Pipeline

• SemanticHadith KG V2 (primary) — 34,457 hadiths with fully identified narrator chains. RDF/Turtle → JSON via Python, enriched with reliability grades via 3-pass Arabic name matching.
• Sunnah.com translations — human English translations, merged via normalized Arabic text matching with cascading key lengths (40→30→20→15→10 chars).
• QUL/Tarteel — Quran text (QPC Hafs), Sahih International translation, Tafsir Ibn Kathir commentary.
• Quran.com API — ayah-to-hadith reference mappings, cached locally.
• corpus.quran.com — word-level morphological analysis for 77,000+ tokens.
• Corpus Coranicum — early manuscript images from Berlin-Brandenburg Academy (live API).
• Embedding generation — FastEmbed with BGE-M3 (1024-dim, multilingual), batch size 64. Applied to all hadiths, ayahs, and tafsir chunks.

Data Sources and Acknowledgments

This project would not exist without the following open-source datasets and academic work:

Training Pipeline: The Vision for a Grounded LLM

Currently, Ilm uses RAG only — no fine-tuned model. The Ollama LLM generates answers grounded in retrieved sources, but has no domain-specific training.

The project includes a training pipeline for when the corpus is large enough to justify it:

1. Generate training data — a Python script reads the ingested database and produces ChatML Q&A pairs matching the exact RAG prompt pattern
2. Fine-tune — LoRA fine-tuning via Unsloth on Google Colab
3. Export — convert to GGUF for Ollama deployment (ollama create hadith-scholar -f Modelfile)
4. Deploy — zero backend changes; the Rust OllamaClient already supports model override

The vision: as more hadith books and tafsir sources are added, generate higher-quality training data grounded in the actual texts. Additional hadith collections (Musnad Ahmad, Muwatta' Malik, Sahih Ibn Khuzaymah), additional tafsir (at-Tabari, al-Qurtubi, as-Sa'di) — each addition enriches both the RAG context and the potential training corpus. This requires time, compute resources, and scholarly review.

The long-term goal is to reach a point where the corpus is comprehensive enough and the model grounded enough to serve as a reliable study resource globally — available to anyone with an internet connection, in multiple languages, grounded in the authenticated sources rather than internet noise. That requires the community's help: more books, more languages, more scholarly review.

Contributing

Ilm is open source. The repository contains everything needed to build, ingest, and run the platform from scratch.

Currently covering the six canonical collections. The expansion path includes:

• More hadith collections — Musnad Ahmad, Muwatta' Malik, Sahih Ibn Khuzaymah, Sahih Ibn Hibbaan, Sunan al-Bayhaqi, Musannaf 'Abdur-Razzaaq
• LLM — Train and Build custom llm with the authentic tafsir and hadith collections
• Arabic NLP — better tokenization, morphological analysis for hadith texts
• Narrator disambiguation — Arabic naming conventions (kunya, laqab, nisba) create difficult deduplication problems
• Additional tafsir — at-Tabari, al-Qurtubi, as-Sa'di alongside Ibn Kathir
• Scholarly review — verification of the mustalah analysis against classical references
• UI/UX — accessibility, mobile, reading modes

This tool is for study and research, grounded in classical mustalah al-hadith methodology. It reports structural facts about hadith chains and narrator assessments from classical biographical dictionaries, it does not issue religious rulings.

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

ArriqaaqArriqaaq

This topic serves as the natural conclusion to the study of Ijtihaad, for it deals with those who are unable to perform Ijtihaad themselves, and how they relate to the scholars who do. It addresses the delicate balance between reliance on qualified authority and blind adherence.

In this final part, we will study the linguistic and technical definitions of Taqleed, the different scholarly perspectives surrounding it, its types, and the distinction between Taqleed and Ittiba. We will also examine the prohibition of blind following as expressed in the Qur’an, Sunnah, and statements of the early generations, and conclude with a reflection on the historical development of Tamazhub (the institutionalization of Madhahib) and its implications.

Taqleed

The term Taqleed linguistically means placing something around the neck, which encircles the neck.

Technical meaning:
In the terminology of the Fuqaha, Taqleed refers to accepting the statement of others (other than the Prophet) without evidence. Based on this, accepting the saying of the Prophet (صلى الله عليه وسلم) and Ijmaa (consensus) is not considered Taqleed.
(Rawdah al-Nadhir of Ibn Qudamah al-Hanbali 2/381, al-Taḥreer fee Usool al-fiqh of Ibn al-Humam al-Hanafi 3/453).

Furthermore, a layman asking from a Mufti, or a Qadhi making judgment based on testimony of witnesses, does not fall under the category of Taqleed.

References:

• From Shafi book on Usool al-Fiqh: (al-Ihkaam of al-Aamidi 4/221)
• From Maliki book on Usool al-Fiqh: (Muntaha al-Wusool of Ibn Haajib p.218)
• From Hanafi book on Usool al-Fiqh: (Musallam ath-Thaboot p.289)

The Broader Use of the Word “Taqleed”

Interestingly, some scholars have used the word “Taqleed” even when referring to following the Prophet (صلى الله عليه وسلم).

Example 1:
Al-Imam al-Tahawi has used the word “Taqleed” to follow Hadith.
(Sharh Maani al-Athaar 4/3)

Example 2:
Imam al-Shafi said:

“Allah has not made Taqleed of anyone permissible after Prophet (صلى الله عليه وسلم).”
(Mukhtasar al-Muzani 2/628)

The Shafiee scholars explained that he did not mean Taqleed in its technical, terminological sense. Rather, he was referring to accepting the statements of the Prophet (صلى الله عليه وسلم) without questioning them.

(Bahr ul Madhab of Abdul Wahid al-Ruyani (6/271))

Scholarly Views on Taqleed by Laymen (a common man)

There exists a clear discussion among scholars regarding whether Taqleed applies to the layman or only to scholars.

Example 1:
Khateeb al-Baghdadi said:

“Taqleed is allowed for the layman who does not know Ahkaam al-Shariyyah (Rulings of Islamic law). It is allowed for him to make Taqleed of a scholar. Because Allah says:
Ask the people (having the knowledge) of the Reminder, if you do not know (Quran 16:43).”
(Al-Faqeeh wal-Mutafaqqih of Khateeb al-Baghdadi 2/68).

However, in the same book he also warned:

“It is not allowed to do taqleed of anyone to leave established Sunnah of Prophet (صلى الله عليه وسلم).”
(Al-Faqeeh wal-Mutafaqqih of Khateeb al-Baghdadi 2/68).

Example 2:
Ibn Taymiyyah said:

“Taqleed is permissible for those who are incapable of doing Ijtihaad.”
(Majmoo al-Fatawa 20/204).

He further added:

“As for a person who knows the statement of one scholar and his evidence, without the statement of other scholar and his evidence, then he is from the generality of the muqallideen. He isn’t from the scholars who can do tarjeeh and falsify.”
(Majmoo al-Fatawa 35/233).

Thus, while some scholars have termed a layman’s seeking of rulings from scholars as “Taqleed,” others have clarified that technically it does not fall under this category.

Laymen Asking Scholar Is Not Taqleed

According to one group of scholars — those who maintain that Taqleed is Haraam in general for everyone — the very act of following someone’s statement without proof is invalid, regardless of who does it.

However, they clarify that if a layman seeks a fatwa from a scholar who issues it based on evidence from the Qur’an and Sunnah, this act does not fall under Taqleed at all. Rather, it is considered Ittiba’ (following evidence), because the layman’s reliance is upon the proof itself, not the person.

On the other hand, another group of scholars define Taqleed more broadly than how it is defined in the classical books of Usool al-Fiqh. They expanded its meaning to include even the layman’s act of asking scholars for rulings. Based on this broader usage, they divided Taqleed into two categories to differentiate between the two:

1. Permissible Taqleed
2. Prohibited Taqleed

Difference between “Taqleed” and “al-Ittiba”

The scholars have differentiated between Taqleed (blind following) and Ittiba (following with knowledge).

Those Who Differentiate Between Taqleed and Ittiba

Many scholars have explicitly drawn a line between Taqleed and Ittiba.

1. Ibn Abee al-Izz al-Hanafi wrote a book called “al-Ittibah” and made differentiation. (al-Ittiba p 23)
2. Ibn Abdul Barr had a chapter: “Fasaad of Taqleed and its negation and difference between Taqleed and ittiba”
   (Jami Bayan al-Ilm wa Fadhlihi 2/109)
3. Ibn al-Qayyim and others. (Alam al-Muwaqqieen 2/137)
4. Khwaiz Mandad Maliki said:

“Taqlid refers to following someone's statement without having evidence for it. This is prohibited in the Shariah. Instead, Ittiba (following/obeying) is based on evidence.”
(Alam al-Muwaqqieen 2/137).

1. Ahmad bin Hanbal differentiated and defined Ittiba as:

“Someone who follows what is reported from Prophet (صلى الله عليه وسلم), Sahabah and those who followed them.”
(Masail Ahmad riwayah Abu Dawood no. 1789)
He also said:
“Do not make my Taqleed, nor make Taqleed of Malik, nor Shafiee or Thawri or Awzai.”
(Alam al-Muwaqqieen 2/139)

Those Who Do Not Differentiate Between Taqleed and Ittiba

On the other hand, some scholars — mainly the followers of Madhaahib — included Ittiba under the category of Taqleed, whether the scholar’s opinion was based on textual evidence (Nusoos) or analogy (Qiyas).

Among those who held this view are:

1. al-Juwayni al-Shafi in *Takhees fee Usool al-Fiqh (3/425)*Alauddin Al-Samarqandi al-Hanafi in *Meezan al-Usool (2/950)*Mahmood al-Lamshi in Kitab fee Usool al-Fiqh p.200Al-Nasafi al-Hanafi in *Kashf al-Asraar (2/172-173)*Imam Shatibi al-Maliki (al-Itisaam 1/276, 2/403-405) and others.

Imam Saleh al-Fulani on Attitude of Muqallid and Muttabi

Imam Saleh al-Fulani stated that the "muqallid" (one who blindly follows) does not inquire about Allah and His Messenger's decision or judgment. Instead, the muqallid asks about the opinion (madhhab) of their imam, and even if it becomes apparent that the imam's madhhab contradicts the Quran and Sunnah, the muqallid would not revert back to the Quran and Sunnah.

In contrast, the "mutabi'" (one who follows) is the one who asks about Allah and His Messenger's decision and judgment, without inquiring about the opinions or madhhabs of others. If the mutabi' encounters a new issue where they are unsure of the ruling, it is not mandatory for them to ask the same scholar they consulted previously. Rather, they may ask any scholar they meet, and they are not obligated to adhere solely to the first opinion they received.

The mutabi' does not blindly advocate for the first opinion given, to the extent that if they realize the opinion contradicts the Quran and Sunnah, they would disregard and abandon it.

This is the difference between the taqlid (blind following) that later generations adhered to, and the ittiba' (following with understanding) that the righteous predecessors practiced.
(Eeqadh al-Himam wa al-Absar p 40-41)

Types of Taqleed

Scholars have also categorized Taqleed itself into types, distinguishing between its general and specific forms.

Prohibition of Taqleed

After understanding what Taqleed means and how scholars viewed its types and limitations, it is essential to turn to the question of its ruling in Shariah. The Qur’an, Sunnah, Ijmaa, and statements of the Sahabah all clearly show that blind following is prohibited when it contradicts knowledge and evidence.

Quran

Allah says:

“And do not follow a thing about which you have no knowledge. Indeed, the hearing, the sight and the heart - about all those [one] will be questioned.”
(Quran 17:36)

The scholars have made istidlal from the above verse as a prohibition against Taqleed.

1. Abu Hamid Muhammad al-Ghazali also cited this verse in his prohibition against Taqleed.
   (Al-Mustasfa min Ilm al-Usool 2/389)

2. Imam Ibn al-Qayyim used this very verse to refute Taqleed and commented:

“The people of knowledge have unanimously agreed that Taqleed is not Ilm (Knowledge).”
(Alaam al-Muwaqqieen 3/13)

Allah also says:

“They have taken their rabbis and monks as well as the Messiah, son of Mary, as lords besides Allah.”
(Quran 9:31)

This verse too has been cited by many classical scholars as a proof against blind imitation in religion.

Following scholars have made istidlal from this ayah on the prohibition of Taqleed:

1. Ibn Hazm in al-Ihkaam fee Usool al-Ahkaam (6/283)
2. Ibn Abdul Barr in Jami Bayan al-Ilm wa Fadhlihi (2/109)
3. Khateeb al-Baghdadi in Al-Faqeeh wal-Mutafaqqih (2/66)
4. Ibn al-Qayyim, after mentioning this ayah, commented that scholars have always used it as a refutation against Taqleed and Kufr, and the fact that those condemned in the verse still used it did not prevent its validity.
   (Alaam al-Muwaqqieen 3/19)

Hadith

The Prophet (صلى الله عليه وسلم) forewarned about the dangers of those who give rulings without knowledge:

“Then there will remain ignorant people who, when consulted, will give verdicts according to their opinions whereby they will mislead others and go astray.”
(Saheeh al-Bukhari 7307)

This Hadith serves as a direct warning against issuing or accepting rulings based purely on opinion.

Ijmaa (Consensus)

In addition to Qur’an and Hadith, there is a scholarly consensus supporting the prohibition of blind imitation.

1. Jalal al-Deen al-Suyooti also quoted an ijmaa on prohibition of Taqleed in his book:
   (al-Radd Ala Man Akhlad Ila al-Ard wa jahala an al-Ijtihaad fi kulli Asrin Fardh p.131–132)
2. Ibn Hazm said:

“There is ijmaa of all Sahabah and ijmaa of all Tabieen on prohibition of Taqleed.”
(al-Nubdha al-kafiya fee usool aḥkam al-deen p.71)

Statements of Sahabah

Muadh bin Jabal said:

“Regarding the mistake of a Aalim, even if he is on guidance, don’t make taqleed of him in Deen (religion).”
(Kitab al-Zuhd of Wakee bin Jarrah no.71 with an authentic chain of narration)

Abdullah bin Masood said:

“Do not make taqleed of people in your Deen (religion). If you refuse (to accept this advice), then follow those who have passed away, not the living.”
(Sunan al-Kubra 2/10 with an authentic chain of narration)

The statements of these noble Companions make it clear that religious adherence must be based on revelation and evidence—not personalities or inherited opinions.

Tamazhub and Its Origin

The discussion on Taqleed naturally leads to the concept of Tamazhub, or adherence to a particular school of thought.

Definition:
Tamazhub refers to the act of following a specific school of Islamic jurisprudence (madhab). The four most well-known madhahib (plural of madhab) are: Hanafi Madhab, Maliki Madhab, Shafi’ee Madhab, and Hanbali Madhab.

Origin:
Systematic following of Madhahib started in 4th century A.H.

Ibn al-Qayyim said:

“This Bidah started in 4th century A.H, the Qarn condemned in the words of Prophet (صلى الله عليه وسلم).”
(Alam al-Muwaqqieen 2/208)

Imam Ibn Hazm said that it started in 4th century A.H.
(Mulakkhas Ibtal al-Qiyas of Ibn Hazm p.52)

Imam al-Suyuti said that it started in 4th century A.H.
(al-Radd Ala Man Akhlad Ila al-Ard wa jahala an al-Ijtihaad fi kulli Asrin Fardh p.133)

Imam al-Shawkani said that the Taqleed of four Madhahib began after Khayr al-Quroon (best generations).
(al-Qawl al-Mufeed fee Adillah al-Ijtihaad wa al-Taqleed p.108)

Madhab or School of Thought: Two Approaches

As the centuries progressed, two distinct approaches emerged among the followers of the madhahib.

Mutamad (Relied Upon or Established) Position

A well-known example explains this concept. The Muʿtamad position among the Shafi’iyyah today is that “Eating camel’s meat does not break wudhoo.”

Yet the authentic Hadith evidence tells a different story.

Evidence from Hadith:
Jabir bin Samura reported:

“A man asked the Messenger of Allah (may peace be upon him) whether he should perform ablution after (eating) mutton. He (the Messenger of Allah) said: Perform ablution if you so desire, and if you do not wish, do not perform it.
He (again) asked: Should I perform ablution (after eating) camel's flesh?
He said: Yes, perform ablution (after eating) camel's flesh.”
(Saheeh Muslim no.360)

Commentary:
Al-Nawawi said:

“Ahmad bin Hanbal, Ishaq bin Rahawayh, Yahya bin Yahyaa, Abu Bakr bin al-Mundhir and Ibn Khuzaymah believed that it (eating camel meat) breaks wudhoo; this was also the view favoured by al-Haafiz Abu Bakr al-Bayhaqi. It was reported from the scholars of Hadith and from a group of the Sahabah.
The majority responded to this with the hadith of Jabir: the last of the two commands from the Messenger of Allah (صلى الله عليه وسلم) was that there was no need to do wudhoo after eating meat that had been touched by fire. But this hadith is general, whereas the hadith about doing wudhoo after eating camel meat is specific, and a specific ruling takes precedence over a general one.”
(Sharh Muslim (4/49))

Al-Nawawi is from “al-shaykhan” of Madhab, al-Bayhaqi also opposed al-Shafi’s position in Sunan al-Kubra, yet it is not Mutamad.

Thus, although both al-Nawawi and al-Bayhaqi opposed Imam al-Shafi’i’s position based on hadith evidence, the Muʿtamad within the madhhab still remained otherwise—showing how rigid adherence to institutional tradition can override clear textual proof.

Should a Person Follow Madhab?

After understanding how madhhabs developed and how scholars viewed the concept of Muʿtamad positions, the next question arises naturally:
Is it obligatory for a Muslim to follow one specific madhhab?

The answer, as made clear by many leading scholars, is no — neither Allah nor His Messenger (صلى الله عليه وسلم) ever commanded a Muslim to bind himself to a single jurist or school.

Ibn Taymiyyah stated that if a Muslim faces a mishap or novel event, they should consult the person they believe issues rulings in accordance with Allah's and His Messenger's (صلى الله عليه وسلم) Shareeah, regardless of which madhhab that person belongs to.

He wrote:

“It is not mandatory for any Muslim to do Taqleed of a particular scholar in every matter.
If a person is unable to determine the legislated ruling from sources other than a scholar’s madhab, then following that scholar’s madhab is permissible, but not obligatory for everyone—especially if it becomes possible to obtain Shareeah knowledge through alternative means.
In fact, every Muslim is obligated to fear Allah to the utmost and seek knowledge of what Allah and His Messenger have ordained, so that they may perform the required actions and abstain from the prohibited.”
(Majmoo Fatawaa Ibn Taymiyyah 20/209)

Thus, while temporary reliance on a scholar is allowed for those lacking knowledge, lifelong binding to one imam’s view is neither required nor encouraged in Islam.

Scholarly Consensus Against Binding to One Madhab

Even scholars within the madhahib themselves have clarified that a person is not obliged to remain confined to a single school.

For example:

• Ibn al-Abidin al-Hanafi in Radd al-Mukhtar (1/130), and
• Imam al-Nawawi al-Shafiee in Minhaj al-Talibeen (11/117)

— both affirmed that one may follow any qualified scholar whose opinion aligns with evidence.

For further references on this issue, one may refer to “The Blind Following of Madhabs” by Shaykh Sultan Masoomee, which compiles a number of statements from scholars rejecting rigid adherence.

Examples of Severe Inter-Madhab Enmity

Sadly, as history shows, blind partisanship to madhhabs (taʿassub) did not remain a mere intellectual disagreement. Over time, it produced serious divisions, hostility, and even violence among followers of different schools.

The historian Yaqut al-Hamawi records the state of Isbahan:

“The surrounding areas of Isbahan were plagued by discord and dissension due to the bigotry and partisanship between the Shafi and Hanafi sects. A fierce battle raged for 8 continuous days, with each side overpowering the other and subsequently destroying and demolishing their opponent's houses, burning them without remorse or sorrow. This calamity befell a large group of people in the region.”
(Mujam al-Buldaan 1/209)

Ibn al-Atheer also narrated an incident from the fourth century Hijri, regarding disputes over reciting Bismillah aloud in Salah:

“The Hanbalis were known to severely beat any Shafis they encountered, rendering them unconscious.”
(al-Kamil fee al-Tareekh (11/319))

Muzaffar al-Tusi al-Shafi said:

“If I was the ruler I would take jizyah from the Hanbalis.”
(Miraat al-Zamaan fee Tawareekh al-A’yaan (8/44))

Judge of Damascus, Muhammad bin Moosa al-Hanafi, said:

“If I was the ruler I would take jizyah from the Shafis.”
(Meezan al-Itidaal 4/51-52)

One chief justice from Shafi Madhab said:

“If Allah were to cut the trace of Maliki Madhab, the people would be relieved from it.”
(Intisaar al-Faqeer al-Salik p.297)

Mullah Ali Qari said:

“It is well known among Hanafiyyah, that if Hanafi becomes a Shafi then he is to be punished, but if a Shafi becomes Hanafi then he is given authority.”
(Irshad al-Nuqqad of al-Sanani 1/147)

An Interesting Anecdote on the Madhab of Ahl al-Hadith

To conclude this discussion, the stance of the early Ahl al-Hadith scholars offers a refreshing contrast to the rigid sectarianism of later centuries.

According to the statement of Barakah Al-Hawzi (rahimahullah), there once occurred a debate between him and Abu Al-Hasan Al-Maghazili about which Imam was superior — Imam Malik or Imam al-Shafi’i.

Barakah Al-Hawzi preferred Imam Al-Shafi'i because he followed the Shafi'i Madhhab, while Al-Maghazili preferred Imam Malik as he followed the Maliki Madhhab.

So they went to Abu Muslim Al-Laithi Al-Bukhari to judge between them. Abu Muslim preferred Imam al-Shafi’i, which angered Al-Maghazili. In frustration, he said perhaps Abu Muslim was himself upon the Shafi’i madhhab.

Abu Muslim Al-Laithi replied:

“We are Ashab Al-Hadith (the people of Hadith), we are not bound to any particular Madhhab, but rather the people follow our Madhab.”

(Kitab Sualaat al-Silafi li Khamis Al-Hawzi, no. 113, p.118)

Conclusion

Through this discussion, we understand that Taqleed — when defined as blind following without evidence — has no basis in Islam. The Qur’an, Sunnah, and the practice of the early generations all point to Ittiba’ — following with understanding — as the proper path.

While seeking guidance from scholars is permissible for those unable to derive rulings, it must always be conditional upon evidence from the Book and Sunnah.

With this, we finish the series on Usul Al Fiqh. You can access all articles here

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Ijtihaad and Mujtahid

Linguistic meaning:
The term 'Ijtihaad' is derived from the Arabic root j-h-d (ج-ه-د), which literally translates to "striving with full exertion" or "diligent effort".

Ibn Hazm said that there is no difference of opinion among experts of the Arabic language regarding the linguistic meaning of Ijtihad.
(Al-Ihkaam fee Usool al-Ahkaam (8/133))

Technical meaning:
In the context of Islamic jurisprudence, Ijtihad refers to the process of exerting one’s utmost effort to derive legal rulings and judgments from the sources of Islamic law.
(Al Luma fee Usool Al-Fiqh by Abu Ishaaq Al-Shirazi p.72; Usool al-Fiqh by Ibn Muflih 4/1469; Usool al-Fiqh al-Islami by Mustafa Zarqa 2/1039).

Other scholars have also defined Ijtihad in various ways with slight differences and elaborations.
(See Al-Mustasfa by al-Ghazali p.342; al-Mahsool by al-Razi 6/7; Al-Bahr al-Muheet by al-Zarkashi 6/197, etc.)

The one who performs Ijtihad is known as a Mujtahid.

Types of Ijtihaad and Mujtahid: Classification 1

1. Mujtahid Mutlaq

Mujtahid Mutlaq refers to the independent jurists who do not follow the rulings or methodologies of any other scholars. These mujtahids derive their rulings directly from the primary sources — the Qur’an and the Sunnah — and their own methodologies and principles form the foundations that others later follow.

Example:

Several of the Sahabah and Tabi’een, such as:
The famous Seven Fuqaha of Madinah, the Fuqaha of Makkah, Basrah, Kufah, and Yemen.
Also among them were those who had their own distinct madhab, such as the four famous Imams — Abu Hanifa, Malik, Shafi’i, and Ahmad — as well as scholars like Imam Sufyan bin Uyaynah, Imam Sufyan al-Thawri, Imam al-Awzai, Imam Layth bin Sa’d, Imam Ishaq bin Rahawayh, Imam Dawood al-Zahiri, Ibn Khuzaymah, Ibn Jareer al-Tabari, and Abu Thawr. (Refer to article 1.)

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Examples of other Mujtahid Mutlaq scholars include:

• Al-Imam al-Bukhari:
  Anwar Shah Kashmiri Hanafi wrote: Know that al-Imam al-Bukhari was a Mujtahid, there is no doubt in that. The widespread notion that he was a Shafi'i scholar was only because he agreed with Imam Shafi'i on certain famous rulings (masaa’il).
  (Faidh ul-Bari Sharh Saheeh al-Bukhari: 1/58).
• Imam Abu Dawood:
  According to Ibn Taymiyyah, Abu Dawood was absolute Mujtahid.
  (Majmoo al-Fatawaa 20/40).
  Note: Some have mentioned Abu Dawood in Tabaqat al-Hanabilah, however it is not a proof because al-Shafiee has been mentioned in Tabaqat al-Malikiyyah (Al-Dibaaj al-Madhab of Ibn Farhun p. 326), Imam Ahmad bin Hanbal has been mentioned in Tabaqat ash-Shafiyyah by Al-Subki (1/199)).
• Imam Ibn Hazm:
  Refer to “Ibn Hazm: The Life and Ideas of the Spanish Genius”.

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2. Mujtahid Muntasib

A Mujtahid Muntasib refers to a scholar who is attributed to a specific madhab, even though he is an independent mujtahid and has not been conclusively proven to follow the methodological principles of that madhab. He maintains his own independent reasoning and approach to deriving Islamic legal rulings.

Example:
Muhammad bin Nasr al-Marwazi was an independent Mujtahid who is ascribed to Shafiyyah, likewise Ibn Mundhir was an independent Mujtahid who is ascribed to Shafiyyah.

Shaykhul Islam Ibn Taymiyyah will also come under this category as he is an independent Mujtahid who is ascribed to Hanabilah. (Al-Awaasim min al-Qawaasim by Ibn Wazeer 5/261-264).

Imam al-Shawkani is also an independent Mujtahid who is ascribed to Zaydiyyah.

3. Mujtahid fil Madhab or Mujtahid al-Muqayyad

This type of scholar adheres to the general principles and framework of a particular madhab, but maintains independence in deriving rulings on specific, detailed issues of fiqh. While the scholar's overall approach is grounded in the established school of thought, they exercise flexibility and independent reasoning when dealing with specific cases and derived rulings, rather than strictly following the established positions of that particular madhhab.

Example:
Imam Abu Yusuf, Imam Muhammad al-Shaybani, Imam al-Nawawi, Imam al-Rafiee, etc.

(Refer to Mualim Usool al-Fiqh inda Ahl al-Sunnah wal Jamaah by Muhammad Hussain al-Jeezani p 465)

Types of Ijtihaad and Mujtahid: Classification 2

1. Ijtihaad Mutlaq (person is Mujtahid Mutlaq):
   A Mujtahid Mutlaq refers to a scholar who has reached the level of Ijtihaad in all topics within the Islamic Jurisprudence.
2. Ijtihaad Juz’ee (person is Mujtahid Juz’ee):
   A "Mujtahid Juzee" refers to a scholar who has reached the level of Ijtihaad in specific or exclusive topics within the realm of Islam. This means that their expertise and authority is limited to those particular areas, rather than spanning the entirety of Islamic jurisprudence. The Mujtahid Juzee has demonstrated the ability to derive rulings and make independent judgments on those particular topics, but may not possess the same level of expertise or authority in other areas of Islamic law.
   (Mualim Usool al-Fiqh inda Ahl al-Sunnah wal Jamaah by Muhammad Hussain al-Jeezani p 466)

Ijtihaad of Laymen

The discussion of Ijtihad is not limited to scholars alone; Ibn Hazm extended it even to laymen, each according to their ability.

He said:

“Ijtihad is exerting effort in trying to seek the knowledge of what Allah has commanded one with, and the people who do so are of varying levels, with the lowest being a common person (layman) or someone who has recently accepted Islam in a non-Muslim land.”
(Al-Ihkaam fee Usool al-Ahkaam (5/121)).

Under the section ‘If it is said: what should a layman do in case of a new religious issue?’, Ibn Hazm wrote:

“The concept of Ijtihad, as described, is an obligation for all Muslims, both the learned scholars and the laypeople, when it comes to seeking knowledge of Allah's and His Prophet's (صلى الله عليه وسلم) commands regarding all aspects of one's religion.”

He further explained:

• People differ in how they perform Ijtihad.
• Each person is obligated to do only what lies within their capability, as Allah does not burden anyone beyond their capacity. (Qur’an 2:286).
• Taqwa means acting upon what Allah requires, within one’s ability, and Allah only requires us to do what we are able to do.
• Therefore, what one cannot do is not required of them.
• Each person has their own share or level of Ijtihad, depending on their capacity.
  (Al-Ihkaam fee Usool al-Ahkaam (6/151)).

In another passage (Al-Ihkaam fee Usool al-Ahkaam 6/152–153), Ibn Hazm clarified the procedure for laymen seeking rulings:

1. For a layman seeking a religious ruling from a scholar, the layman's obligation is to ask the scholar if the ruling is based on what Allah and His Messenger (صلى الله عليه وسلم) have commanded.
2. If the scholar confirms that the ruling is based on the Quran and Sunnah, then the layman is not required to investigate further and should act upon it.
3. However, if the scholar says ‘no’, or ‘this is my opinion’ or ‘this is the saying of Malik or Ibn al-Qasim or Abu Hanifa or Abu Yusuf or Shafiee or Ahmad or Dawood or so-and-so Sahabi or Tabiee or anyone below them other than the Prophet (صلى الله عليه وسلم) or remains quiet or scolds him off, then it is Haraam for him to accept his verdicts.
4. It is Fard (obligatory) upon layman to seek a ruling from another scholar.
5. The scholar, when providing a ruling, is obligated to clarify if it is based on the Quran, Sunnah, or scholarly ijmaa, and not attribute it to Allah or the Prophet (صلى الله عليه وسلم) if it is based on Qiyas, Istihsaan, or Taqleed of another scholar.
6. This obligation to seek a ruling based on the primary sources of Islam is incumbent upon everyone, even the most ignorant, and there is no excuse for neglecting it.

Fatwaa and Mufti

According to the linguistic definition provided in Lisan ul Arab,

Linguistically, the term al-Fatwa means “Aftaa’hu fil amri” — to provide a legal opinion, clarify, or explain a matter.

The terms al-Futyaa, al-Futwaa, and al-Fatwa all denote the legal verdict issued by a qualified jurist.

The act of seeking such a ruling or fatwaa is called al-Istifta’a — as in the Qur’an:

يَسْتَفْتُونَكَ قُلِ اللَّهُ يُفْتِيكُمْ فِي الْكَلَالَةِ ۚ
They request from you a [legal] ruling. Say, "Allāh gives you a ruling concerning one having neither descendants nor ascendants [as heirs].” (Quran 4:186)

The one who gives a Fatwa is known as the Mufti.

Who is “Faqeeh” or “Mufti” eligible to give fatwa?

Ibn Hazm detailed the essential qualifications for a Faqeeh or Mufti in Al-Ihkaam fee Usool al-Ahkaam (5/123–127):

• It is obligatory for a Faqeeh to have knowledge of the Arabic language, its grammar (Nahw) in order to properly understand the words of Allah and the words of His Prophet (صلى الله عليه وسلم).
• It is obligatory for the Faqeeh to have knowledge of the history of the Prophet Muhammad (صلى الله عليه وسلم), so that they can understand the chronology and context of his commands and teachings.
• The Faqeeh must have knowledge of:
• The rulings in the Quran, including what has been abrogatedThe rulings in the Prophet's speech (Sunnah), including what has been abrogatedDistinguishing between authentic and non-authentic narrationsThe scholarly consensus (ijma') and differences of opinion (ikhtilaf)How to refer differences back to the Quran and the Prophet’s (صلى الله عليه وسلم) Sunnah
• In summary, he needs the extensive knowledge encompassing linguistics, prophetic history, Quranic exegesis, Hadith sciences, and jurisprudential principles.

The Lack Of Necessity Of Knowing All Knowledge Before Giving Fatawa

Ibn Hazm further clarified in Al-Ihkaam (5/128) that it is not necessary for a scholar to possess exhaustive knowledge of all Islamic rulings before issuing a fatwa. He says:

1. The Prophet's (صلى الله عليه وسلم) sending of his emissaries to various lands to teach the Quran and the rulings of the religion is a clear proof that scholars do not need to possess comprehensive knowledge of all available religious information before issuing fatawa (legal rulings). This is because new verses and rulings would continue to be revealed after the emissaries had been dispatched.
2. This example demonstrates that even if a scholar is lacking in certain areas of knowledge, they may still provide fatawa based on what they do know, as long as that knowledge is correct.
3. Whoever possesses accurate knowledge on a particular religious matter is permitted to issue a fatwa accordingly. However, they are obligated to seek out knowledge on any aspects they are ignorant of regarding that issue.
4. If a scholar is aware that there is a relevant hadith that they do not have knowledge of, they are not allowed to give a fatwa on that matter until they acquire that hadith.
5. It is not permissible for a Muslim to seek a fatwa from someone who has only performed Taqleed in the masaa'il (rulings), without having an independent understanding. Nor is it permissible for such a person to issue fatawa.

Giving “fatwa” is dangerous affair

Ibn al-Qayyim says in Alam al-Muwaqqieen by 2/73-74:

Every one of you should fear saying:

“Allah has made this Halal and Allah has made this Haraam”,

so Allah will say to him:

“You lied, I didn’t make this Halal and I didn’t make this Haraam.”

So no one should speak about anything in which he doesn’t know if the revelation from Allah has made it lawful or prohibited, and one should not say it based on taqleed or false interpretation.

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).

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

ArriqaaqArriqaaq

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

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

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.

Mubhath 2

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.

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.

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.

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 huruf 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.

Mubhath 3

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.”

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.

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

Mubhath 4

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.

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

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

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How Language Conveys Meaning

Language is the main tool through which human thought becomes known. It allows us to turn ideas in the mind into expressions that others can understand.

But words do not carry meaning by themselves. They only gain meaning through shared agreement — a convention among speakers that connects certain sounds or symbols to specific ideas.

For example, when someone says “tree,” the sound doesn’t naturally refer to a plant. It means that only because speakers of the language agree on that connection.

Language, then, works through three basic principles:

1. Symbolism – words symbolize mental ideas.
2. Convention – meaning depends on shared understanding.
3. Structure – grammar and syntax organize these symbols into coherent meaning.

Explicit and Implicit Meaning

Every sentence carries two layers of meaning:

1. What is said directly
2. What is understood indirectly

Explicit (Stated) Meaning:
This is the clear, surface meaning — what the words directly express. It can be understood just by looking at the sentence itself.

“The sun emits light.” — The statement itself conveys a complete clear thought.

Implicit (Implied) Meaning:
This is the meaning that is not said directly but is understood based on reasoning, context, or common usage.

“There’s smoke.” → implies that there might be fire.

Implicit meaning can arise in different ways:

This basic understanding of language and how words are interpreted lies at the core of derivation of Ahkam (rulings) in Usul al-Fiqh.

What are Istidlal and Istinbat

In usul al fiqh, two key terms often come up when discussing reasoning and interpretation: 'Istidlal' and 'Istinbat'.

• Istidlal refers to the process of seeking proof for a ruling. However, Istidlal can also refer to contemplating and reflecting over the proof to understand it better. In this sense, it overlaps with the idea of Istinbat, as both involve working with the proof to reach a conclusion.
• Istinbat (deduction) involves extracting a ruling from that proof. It focuses on extracting subtle meanings that aren't immediately obvious in the proof being considered. It’s not usually used for something that’s clear or straightforward, as that would fall under the broader meaning of Istidlal mentioned earlier.

Thus, Istinbat is not used for something clear or self-evident (as that falls under general Istidlal), but for meanings that require deductive and linguistic analysis.

Types of Istinbaat

Istinbaat is classified into two major approaches:

In this part, we will be analysing what Istinbaat is according to Jumhoor (majority)

Mantooq and Mafhoom

Every sentence communicates in two ways:

• What it says directly — Al-Mantooq (the Stated Meaning).
• What it suggests or implies — Al-Mafhoom (the Understood Meaning).

The first step in interpretation is to understand what the text actually says — this is Al-Mantooq, the direct meaning based on the wording.

Then, one can look at what is implied — this is Al-Mafhoom, the meaning that is drawn out through logic or context. Together, these categories lay the foundation for reasoning in interpretation.

Al-Istidlaal bil Mantooq 

Definition

The term Al-Mantooq (المنطوق) comes from natiq — “that which is spoken.”
Linguistically, it refers to anything that is expressed in speech.
Technically, in Usul al-Fiqh, it means:

“The meaning that is directly understood from the actual wording of the text.”

Thus, Al-Mantooq represents what the text says, as opposed to Al-Mafhoom, which deals with what the text implies.

Nature of Al-Mantooq

Al-Mantooq is the stated or conveyed meaning. It is divided into two categories:

Al-Mantooq al-Sareeh (The Explicit Stated Meaning)

Al-Mantooq refers to the stated meaning — what is expressed directly by the wording.
Al-Sareeh means explicit.
Hence, Al-Mantooq al-Sareeh is the meaning that is explicitly and directly understood from the wording itself, without need for estimation or interpretation.

The types of Al-Mantooq al-Sareeh are four:

1. Dhahir
2. Nass
3. Muawwal
4. Mujmal

Each describes a specific degree of clarity in wording and the corresponding ruling on how it may or may not be interpreted.

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 other meaning remains possible.

Ruling (Hukm):
It is not permissible to turn away from its apparent meaning except with clear evidence of Ta’weel (figurative interpretation).

Example:

وَأَحَلَّ ٱللَّهُ ٱلْبَيْعَ وَحَرَّمَ ٱلرِّبَوٰا۟ ۚ

“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 (Halal) and Riba (interest) is unlawful (Haram).

The meaning of the words أَحَلّ (permitted) and  حَرَّمَ (forbidden) is clear and apparent, and can be understood without any deep analysis or external evidence.

Note on Ta’weel:
Ta’weel (figurative interpretation) may also include Takhsees (specification).
For example, while the statement “Trade is Halal” is general, not all types of trade are Halal.
Trade involving alcohol, for instance, is excluded by Takhsees.
Hence, the apparent meaning remains valid, but its scope can be specified by further evidence.

2. Nass

Definition:
Nass is the speech that can bear only one meaning — either by its original context or through Qara’in (external evidences).
There is no possibility of Ta’weel (figurative interpretation).

Ruling (Hukm):
It gives a definite (qat‘i) ruling, without any possibility of Ta’weel, according to the majority of scholars — except in cases of naskh (abrogation).

Example:

قَالُوٓا۟ إِنَّمَا ٱلْبَيْعُ مِثْلُ ٱلرِّبَوٰا۟ ۗ وَأَحَلَّ ٱللَّهُ ٱلْبَيْعَ وَحَرَّمَ ٱلرِّبَوٰا۟ ۚ   
“They say, ‘Trade is no different than interest.’ But Allah has permitted trading and forbidden interest.” (Qur’an 2:275)

From this verse and its context, it is Nass that trade and Riba (interest) are two distinct things. This is because the verse was revealed to refute those kuffar (disbelievers) who claimed that trade and interest are the same.
Hence, the meaning here is single, clear, and definite — it cannot bear another interpretation.

Explanation:

• The Dhahir form of this verse shows that trade is lawful and Riba is unlawful.
• But the Nass aspect of it establishes a definite distinction between the two.
• Therefore, Nass is clearer than Dhahir.

3. Muawwal

Definition:
Muawwal is that expression which is interpreted (made Ta’weel of) — where the apparent meaning of the word is less likely, but is given an alternative meaning based on evidence that necessitates such interpretation.

Ruling (Hukm):

• The interpretation (Ta’weel) is acceptable if it is closer or more likely to the intended meaning.
• It is rejected if the interpretation is distant or less likely.

Example of Acceptable Ta’weel

“Divorced women must wait three monthly cycles before they can re-marry.”
(Qur’an 2:228)

This verse, in its general wording, includes all women.

However, Ta’weel (interpretation through specification) is applied based on another verse:

O you who have believed, when you marry believing women and then divorce them before you have touched them [i.e., consummated the marriage], then there is not for you any waiting period to count concerning them. (Quran 33:49)

Thus, the general statement in 2:228 is interpreted and specified by 33:49.
This is an example of acceptable Ta’weel, because the new meaning is supported by clear evidence and remains close to the apparent wording. This is a form of takhsees, which we have explained previously

Usul-Al-Fiqh Made Easy (Part 17) - What is Takhsees (Aam and Khaas)?

In our ongoing study of Usool al-Fiqh (principles of Islamic Fiqh), we have systematically studied Al-Hukm, examined the various types and sources of Al-Hukm, as well as the different types of Ijtihad. Now, when you have the Nusus (Quran and Sunnah), the question is: what are the tools, what are

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Example of Unacceptable Ta’weel

Abu Wahb al-Jaishani narrated that: He heard Ibn Fairuz Ad-Dhailami narrating from his father:

“I went to the Prophet and said, ‘O Messenger of Allah! I accepted Islam and I had two sisters (as wives).’
The Messenger of Allah said: ‘Choose whichever of them you will.’”
(Jami‘ al-Tirmidhi 1129, Hasan Hadith)

The Hanafi school of thought makes Ta’weel of this narration, claiming that the Prophet meant: Keep the first wife and divorce the second, because they assume that the contracts (‘aqd) for both sisters were done at the same time.

However, there is no proof indicating that both contracts were simultaneous, nor that the Prophet’s command referred specifically to the first wife.

Therefore, this interpretation is unacceptable, as it lacks supporting evidence and forces a distant meaning upon the wording.

4. Mujmal

Definition:
Mujmal is that expression which equally bears two or more meanings, without any preference for one particular meaning over the others.
The wording itself does not provide a basis to determine which meaning is intended.

Ruling (Hukm):
When a statement is Mujmal, one must suspend judgment (tawaqquf) until its meaning is clarified through additional evidence from the nusus.

Example:

“They seek a ruling from you.
Say, ‘Allah gives you the ruling concerning Kalālah.’”
(Qur’an 4:176)

The word Kalalah in this verse is Mujmal, as it can bear several possible meanings:

Among these, experts on inheritance considered the first meaning — “a deceased who has no ascendants or descendants” — to be the rājih (stronger) interpretation.

Thus, Mujmal represents the limit of explicit meaning — where the wording itself does not provide decisive guidance. Clarity, in such cases, must come from the nusus.

Al-Mantooq Ghayr Sareeh (The Non-Explicit Stated Meaning)

Al-Mantooq means the stated meaning.
Ghayr Sareeh means non-explicit.

Hence, Al-Mantooq Ghayr Sareeh refers to meanings that are stated or indicated within the wording, yet not expressed explicitly. They are meanings derived by implicit reasoning from the structure of the statement itself.

The types of Al-Mantooq Ghayr Sareeh are three:

1. Dalalat al-Iqtida
2. Dalalat al-Isharah
3. Dalalat al-Tambeeh wal-Imah

1. Dalalat al-Iqtida

Definition:
It is the necessity of estimating a word within the speech in order to correct its meaning — either legally or rationally.
The meaning becomes complete only when an implied word is mentally supplied.

Example 1:

حُرِّمَتْ عَلَيْكُمْ أُمَّهَـٰتُكُمْ
“Prohibited to you are your mothers”
(Qur’an 4:23)

Prohibited in what?
Estimating a word in above ayah to correct its meaning legally or rationally means it is referring to “Nikah”
The central implied term is “Nikāh” (marriage).

Thus, the full sense is:

“Prohibited to you (for marriage) are your mothers.”

This necessity of implied completion is what defines Dalalat al-Iqtida.

Example 2:

وَسْـَٔلِ ٱلْقَرْيَةَ ٱلَّتِى كُنَّا فِيهَا وَٱلْعِيرَ ٱلَّتِىٓ أَقْبَلْنَا فِيهَا ۖ وَإِنَّا لَصَـٰدِقُونَ
Ask the town in which we have been, and the caravan with which we have come, and undoubtedly we are truthful.(Quran 12:82)

The expression “Ask the town”, the intended meaning is “Ask the people of the town.”

2. Dalalat al-Isharah

Definition:
Also called Isharat al-Nass in Hanafi works, Dalalat al-Isharah refers to the implied meanings of the words in a text that are not explicitly intended by the speaker, meaning the ayah is not revealed for this purpose.

In other words, the text is not revealed or written for that purpose, but these meanings can be derived through contemplation on the words themselves, without necessarily linking the text to any other context or external sources.

Example 1

فَسْـَٔلُوٓا۟ أَهْلَ ٱلذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ
Ask the people (having the knowledge) of the Reminder, if you do not know. (Quran 16:43)

The Dalalat al-Isharah in this verse is that in every city or town, there must exist people of knowledge (Ahl al-Dhikr).

Example 2

وَعَلَى ٱلْمَوْلُودِ لَهُۥ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِٱلْمَعْرُوفِ ۚ
The child’s father will provide reasonable maintenance and clothing for the mother ˹during that period˺. (Quran 2:233)

The Dalalat al-Isharah here is that the child is attributed to the father, derived from the phrasing:

“Upon the father of the child (المولود له).”

The use of the lam (لَهُ) indicates attribution — showing that the child belongs to the father.

3. Dalalat al-Tambeeh wal-Imah

Definition:
Dalālat al-Tambeeh wal-Imah refers to a type of indication where the speech implicitly points to the reason (‘illah) for a ruling — just as it explicitly indicates the ruling itself.

In such cases, the text conveys both:

• the legal judgment, and
• the underlying illah (rationale) behind that judgment,
  though the rationale is not directly stated but inferred from the structure or linkage within the statement.

Example:

 وَٱلسَّارِقُ وَٱلسَّارِقَةُ فَٱقْطَعُوٓا۟ أَيْدِيَهُمَا
As for male and female thieves, cut off their hands (Quran 5:38)

Here, the wording explicitly conveys the ruling — the command to cut off the hand.
But it also implicitly indicates the reason (‘illah) — namely, the act of theft.

Thus by Dalalatut Tambeeh wal eemah, amputation is justified by “theft”.

The presence of the conjunction “fa” (فَ) in “فَاقْطَعُوا أَيْدِيَهُمَا” (“then cut off their hands”) links the act of theft to its consequence (amputation), establishing a relationship of causation.

Al-Istidlaal bil Mafhoom

Definition

The term Al-Mafhoom (المفهوم) comes from fahima — “to understand” or “to comprehend.”
Linguistically, it refers to something understood from speech, even if not explicitly stated.
Technically, in Usul al-Fiqh, it means:

“The meaning that is understood from the words of the text, not the literal meaning behind spoken words.”

Mafhoom al-Muwafaqah refers to the understood meaning that is in agreement with something. If the rule derived from the meaning of the text is in agreement with the explicit (Mantooq) meaning of the text, then it will be considered Mafhoom al-Muwafaqah.

Types

Mafhoom is divided into two main categories:

1. Mafhoom al-Muwafaqah – The understood meaning that agrees with the stated text.
2. Mafhoom al-Mukhalafah – The understood meaning that differs from the stated text.

1. Mafhoom al-Muwafaqah

Definition

Mafhoom al-Muwafaqah refers to the understood meaning that agrees with the explicit (Mantooq) meaning of the text.
If the rule derived from the implied meaning of the text aligns with the rule derived from the stated meaning, it is considered Mafhoom al-Muwafaqah.

Example 1

فَلَا تَقُل لَّهُمَآ أُفٍّۢ وَلَا تَنْهَرْهُمَا
Never say to them ˹even˺ ‘uff,’ nor yell at them. (Quran 17:23)

The Mantooq (stated meaning) of this verse is the prohibition of saying “uff” to one’s parents.

However, the Mafhoom (understood meaning) gives the understanding and extends this prohibition to any form of harm, including physical abuse — even though this is not mentioned directly.

Hence:

• The Mantooq prohibits verbal disrespect.
• The Mafhoom prohibits physical abuse.
  Both meanings indicate prohibition.

Therefore, this Mafhoom is classified as Mafhoom al-Muwafaqah, since it agrees with the explicit meaning.

Example 2

إِنَّ ٱلَّذِينَ يَأْكُلُونَ أَمْوَٰلَ ٱلْيَتَـٰمَىٰ ظُلْمًا إِنَّمَا يَأْكُلُونَ فِى بُطُونِهِمْ نَارًۭا ۖ وَسَيَصْلَوْنَ سَعِيرًۭا

Indeed, those who unjustly consume orphans’ wealth ˹in fact˺ consume nothing but fire into their bellies. And they will be burned in a blazing Hell! (Quran 4:10)

The Mantooq prohibits unjustly taking the wealth of orphans.
The Mafhoom conveys a more comprehensive prohibition, it extends this prohibition to destroying or wasting their wealth.

Both the stated and understood meanings convey prohibition, and hence the Mafhoom is in full agreement with the Mantooq.

This is another example of Mafhoom al-Muwafaqah.

2. Mafhoom al-Mukhalafah

Definition

The word Mukhalafah denotes a lack of agreement or alignment between two things.
Hence, Mafhoom al-Mukhalafah refers to an understood meaning that does not agree with the explicit meaning of the text.

This occurs when the rule derived from the Mafhoom differs from or opposes the rule derived from the Mantooq.

For instance:

• If the Mantooq establishes an obligation,
• While the Mafhoom implies a prohibition,
  then the two are not in alignment, and the Mafhoom is classified as Mafhoom al-Mukhalafah.

Example 1

O you who have believed, when you marry believing women and then divorce them before you have touched them [i.e., consummated the marriage], then there is not for you any waiting period to count concerning them. (Quran 33:49)

The Mantooq establishes that if a woman is divorced before consummation, she has no waiting period (‘Iddah).

The Mafhoom implies that if the divorce occurs after consummation, then an ‘Iddah becomes obligatory.

Thus, the Mantooq negates the waiting period, while the Mafhoom affirms it — a case of non-alignment.

Therefore, it is Mafhoom al-Mukhalafah.

Example 2

“O you who believe, if a fasiq (sinful person) brings you a report, verify its correctness.”
(Qur’an 49:6)

The Mantooq establishes that if a sinful person (fasiq) conveys a report, it must be verified.

The Mafhoom implies that if a trustworthy person (thiqah) brings a report, it may be accepted without verification.

Here, verification is required in the Mantooq but not in the Mafhoom — hence, Mafhoom al-Mukhalafah.

Types of Mafhoom al-Mukhalafah

1. Mafhoom al-Sifah (Based on Description)

The Prophet ﷺ  said, "Procrastination (delay) in paying debts by a wealthy man is injustice. (Saheeh al-Bukhari 2287) 

The Mantooq prohibits a wealthy person from delaying payment.
The Mafhoom implies that a poor person unable to pay may seek an extension.

Here, the rule is connected not to a named individual, but to a descriptive term — “ghani” (wealthy). This descriptive term refers to a type of person, rather than a proper noun or named individual.

Therefore, this is Mafhoom al-Sifah.

2. Mafhoom al-Shart (Based on Condition)

“If they are pregnant, then maintain them until they deliver.”
(Qur’an 65:6)

The Mantooq obligates maintenance for pregnant divorced women until delivery.
The Mafhoom implies that non-pregnant divorced women are not entitled to such support.
Hence, a case of Mafhoom al-Mukhalafah.

3. Mafhoom al-Ghayah (Based on Limitation)

“Then complete the fast until the night.”
(Qur’an 2:187)

The Mantooq commands fasting until sunset.
The Mafhoom implies that fasting after sunset is not prescribed.
Thus, this is Mafhoom al-Mukhalafah.

4. Mafhoom al-Adad (Based on Number)

“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.”
(Qur’an 24:4)

The Mantooq sets the punishment at eighty lashes.
The Mafhoom implies that it is not permissible to give more or fewer than eighty.
Thus, the meaning derived by contrast is Mafhoom al-Mukhalafah.

Conclusion

We've seen what istinbaat is according to jumhoor. In the next part inshaAllah, we will analyse istinbaat according to the Hanafi School of Thought.

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

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In the previous article, the discussion focused individually on Amr (command) and Nahi (prohibition). The present study combines the two and explores the usuli question: when Allah or His Messenger issue an Amr or a Nahi in the Qur’an or Sunnah, does that inherently denote wujub (obligation) or tahrim (prohibition)? Or can it also indicate istihbab (recommendation), ibahah (permissibility), or karahah (dislike)?

Usul-Al-Fiqh Made Easy (Part 19) - Amr (Command) and Nahi (Prohibition)

Understanding Amr and Nahi

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Usul-Al-Fiqh Made Easy (Part 18) - Mutlaq and Muqayyad (Absolute and Restricted)

Understanding Absolute (Mutlaq) and Restricted (Muqayyad)

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The foundational qaidah (principle) among the fuqaha and usuliyyun of Ahl al-Hadith is that the Amr inherently dictates wujub (obligation) unless there exists a dalil—from the Nusus—indicating that the intent is istihbab (recommendation) or ibahah (permission). Likewise, the Nahi by default implies tahrim (prohibition) unless an evidence indicates karahah (dislike) instead.

However, as will be seen in the subsequent sections, this principle has not been without debate according to other school of thoughts. Some scholars differentiated between commands in matters of ibadah and those in adab and akhlaq, while others took a position of waqf—suspending judgment until external evidences determine the ruling.

Foundational Principle

Amr (order) dictates obligation (Wujoob) unless there is evidence to say it is recommended (Mustahabb) or Mubah likewise Nahi means Prohibition not Karahah (detested)

This is the position of many scholars from different schools who are classical authorities on usul al-fiqh. This principle has been mentioned in their books, such as:

1. Khateeb al-Baghdadi in his book al-Faqeeh wal Mutafaqqih (2/219)
2. Ibn Hazm in his Al-Ihkaam fee Usool al-Ahkaam (3/2) 
3. Ibn Taymiyyah in Majmoo al-Fatawaa (1/317)
4. Ibn Qudamah al-Maqdisi in his Rawdah al-Nadhir (2/597)
5. Ibn Najjar in his Sharh al-Kawkab al-Muneer (3/39).
6. Hafidh Ibn Hajar in Fath al-Bari 2/436-437)
7. Ameen al-Shanqeeti in his al-Mudhkirah p. 191. 

The usul formulated by these scholars can be summarized as follows:

“When there is Amr, it dictates wujub, unless there is a dalil that specifies it as mandub (recommended).
When there is Nahi, it dictates tahrim, unless there is a dalil that indicates karahah.”

This principle is built upon the linguistic and juristic understanding that the form of command (sighat al-amr)—when issued by one of higher authority to one of lower authority—carries the presumption of obligation. The same applies to the form of prohibition (sighat an-nahi), which carries the presumption of absolute forbiddance unless specified otherwise.

Hence, the default rule among the usuliyyun is that the Amr and Nahi both carry binding force. The shift away from obligation or prohibition occurs only when supported by contextual evidence from the Qur’an, Sunnah, or other maqasid-related indicators.

Evidences for Amr Indicating Wujub

The usuliyyun derived this position from the Qur’an, Sunnah, and the linguistic usage of the term in revelation. Among the strongest evidences are the following:

1. The Verse in Surah al-Nur

فَلْيَحْذَرِ ٱلَّذِينَ يُخَالِفُونَ عَنْ أَمْرِهِۦٓ أَن تُصِيبَهُمْ فِتْنَةٌ أَوْ يُصِيبَهُمْ عَذَابٌ أَلِيمٌ
So let those who disobey his orders beware, for an affliction may befall them, or a painful torment may overtake them. (Quran 24:63)

Al-Qurtubi said: This verse is quoted as evidence by the Jurists to show that order means means obligation**.** (Tafseer al-Qurtubi under 24:63)

2. The Verse in Surah al-Ahzab

وَمَا كَانَ لِمُؤْمِنٍ وَلَا مُؤْمِنَةٍ إِذَا قَضَى اللَّهُ وَرَسُولُهُ أَمْرًا أَنْ يَكُونَ لَهُمُ الْخِيَرَةُ مِنْ أَمْرِهِمْ
It is not for a believing man or woman—when Allah and His Messenger decree a matter—to have any other choice in that matter. (Quran 33:36)

So Allah has decreed that His command and the command of His Messenger (peace and blessings of Allah be upon him) rule out any other option, which proves that it is obligatory. (al-Mudhkirah by al-Shanqeeti, p. 191)

3. The Hadith of Ibn Abbas (Sunan Abi Dawud)

Ibn Abbas said “Mughith was a slave.” He said “Messenger of Allah ﷺ make intercession for me to her (Barirah)”. The Messenger of Allah ﷺ said “O Barirah fear Allah. He is your husband and father of your child”. 

She said “Messenger of Allah ﷺ  do you command me for that? He said No, I am only interceding. Then tears were falling down on his (her husband’s) cheeks. 

The Messenger of Allah ﷺ  said to ‘Abbas “Are you not surprised with the love of Mughith for Barirah and her hatred for him.” (Sunan Abi Dawud 2231, Saheeh)

Ibn Taymiyyah, in Majmoo Al-Fataawa, 1/317, comments on this hadith, explaining that Barirah’s question — “Are you commanding me?” Because it is established among the Muslims that his command means that a thing is obligatory. 

This proves that the Amr of the Prophet was understood among the Companions to indicate obligation.

Differences on this Principle

Among the other school of thoughts, two positions emerged regarding how the Amr and Nahi are to be interpreted.

1. The First Position: Variation in Adab and Akhlaq

A group of scholars held that the Amr does not always denote obligation. They maintained that in matters of adab (etiquette) and akhlaq (character), the Amr signifies istihbab (recommendation).

This is position of group of scholars from different schools as mentioned in the books. Some have also ascribed this position to majority of the scholars.

For details refer to, 

1. Al-Sharh al-Kabeer li-Mukhtasar al-Usool by Abul Mundhir al-Minyawi p 203.
2. Sharh Matn al-Waraqat by Shaykh Khalid Mushayqi chapter “Awaamir and Nawahi related to al-Adab wa al-Irshaad.

This position is considered weak, because

1. There is no clear dalil from Qur’an or Sunnah to specify that Amr with regards to Adaab (etiquettes) or Akhlaaq (Morals) are Mustahabb (recommended) not obligatory
2. There are not specific conditions outlined for such differentitation.

Evidence against this view is found in the hadith of siwak, where the Prophet (peace be upon him) said:

Narrated Abu Huraira**:** Allah's Messenger ﷺ  said,

‏ لَوْلاَ أَنْ أَشُقَّ عَلَى أُمَّتِي ـ أَوْ عَلَى النَّاسِ ـ لأَمَرْتُهُمْ بِالسِّوَاكِ مَعَ كُلِّ صَلاَةٍ 

"If I had not found it hard for my followers or the people, I would have ordered them to clean their teeth with Siwak for every prayer.” (Sahih al-Bukhari 887)

This hadith is related to Adaab (etiquettes). Hafidh Ibn Hajar stated in al-Fath al Bari based on above hadith that a command can imply that a thing is obligatory in two ways:

1. If a command can be interpreted as a recommendation, the hadith would not have specified that it is not obligatory.
2. The command is described as being difficult for them, which would only be the case if the command was understood as being obligatory. There is no hardship in a thing that is merely encouraged but left as optional, because it is permissible not to do it. (Fath al-Bari 2/436-437)

2. The Second Position: The Concept of Waqf

A second group of scholars held that both Awamir (commands) and Nawahi (prohibitions) are to be placed on waqf (suspension).

This means that one should neither presume wujub nor istihbab when a command appears, nor tahrim or karahah when a prohibition appears, until further evidence clarifies the intent.

They argue that since Amr and Nahi are used in the Qur’an and Sunnah in various ways—sometimes for obligation, sometimes for recommendation, and sometimes for permission—it is not sound to fix one meaning by default without examining the context.

Ibn Hazm’s Refutation

Ibn Hazm dedicated an entire chapter in his Al-Ihkaam fi Usool al-Ahkaam (vol. 3, pp. 2–6), titled:

“On Awamir (orders) and Nawahi (prohibitions) in the Qur’an and the speech of the Prophet ﷺ, and taking them upon their apparent (zahir) meanings and as immediate obligations, and the falsehood of the view of those who move any part of that to ta’wil or delaying or recommendation (nadb) or waqf (silence), with no burhan or daleel.”

He records the opposing view as follows:

“And some of the Hanafiyyeen and Malikiyyeen and Shafiyyyeen said that the orders (Awaamir) of the Qur’an and Sunan, and their prohibitions (Nawahi), are upon waqf, until there is proof to take them according to either obligation in action, or prohibition, or according to recommendation, or permissibility, or being makruh.”

1. The Claim of “Shared Meaning”

He quotes their argument that commands can have different meanings beyond just obligation, such as recommendation or permission. So we shouldn't assume a command always means obligation unless we have evidence to support that specific interpretation.

He quotes their analogy:

“According to them, the phrasing of commands is among the shared phrases, from which a single meaning cannot be specified.
The examples given are words like ʿeer, rijl, lawn and ʿayn, where the meanings are not fixed to a single interpretation. For instance, rijl does not always mean ‘a limb,’ it can also mean ‘a group of locusts’. Similarly, ʿeer does not always mean ‘donkey,’ it can also mean ‘the bone that is in the foot’. The same applies to ʿayn and lawn — they can have multiple meanings beyond the obvious ones. Likewise, when someone says ‘Do...’, it is sometimes used to mean recommendation and sometimes obligation. Therefore, the phrasing of a command should not be automatically interpreted as meaning obligation, unless there is evidence to support that specific meaning.”

Their reasoning, in essence, is that Amr is linguistically “shared” like polysemous nouns; hence one cannot assert wujub without additional proof.

2. Linguistic Refutation

Ibn Hazm refutes this by stating the fundamental nature of language and communication:

“This argument is false, for if such were the case, there would be no possibility of meaningful communication between people. Every object or concept has a specific name by which it is distinguished from other things. This allows for mutual understanding when people communicate. If this were not the case, there could never be any clear communication, and Allah's revelation to us through the Qur’an would be invalidated.”

Here, Ibn Hazm says that if language had no stable meanings, no conversation could be intelligible. Commands and prohibitions would lose all functional purpose.

He supports this by citing the Qur’an:

And We did not send any messenger except [speaking] in the language of his people to state clearly for them, and Allah sends astray [thereby] whom He wills and guides whom He wills. And He is the Exalted in Might, the Wise. (Quran 14:4)

If every word could have multiple, ambiguous meanings, then true clarification would be impossible, as confusion over meanings would be the height of problematic communication.

3. The Invalid Analogy Between Commands and Shared Nouns

Ibn Hazm acknowledges that the language does contain some words that can have multiple meanings. However, he argues that the default principle should be that each meaning has a specific name associated with it. Only if it is clearly proven that a name is used in a different way than its standard usage, should one seek clarification from other sources.

Ibn Hazm continues by addressing the analogy between commands and shared nouns:

“The examples they provided of shared names like lawn (color), ʿeer, and rijl are not a valid analogy. If someone addresses us with a narration or order regarding rijl or lawn, we can interpret it to include everything that falls under those names. For example, if someone says ‘Do not eat ʿeer,’ we would avoid everything that the name ʿeer applies to, even if the types differ.”

He explains that shared nouns (mushtarak) may cover multiple referents, yet all within one unified category. Their multiplicity does not undermine communication, because all are still “understood” within linguistic convention.

He cites Allah’s words:

And He is the One Who sends down rain from the sky—causing all kinds of plants to grow—producing green stalks from which We bring forth clustered grain. And from palm trees come clusters of dates hanging within reach. ˹There are˺ also gardens of grapevines, olives, and pomegranates, similar ˹in shape˺ but dissimilar ˹in taste˺. Look at their fruit as it yields and ripens! Indeed, in these are signs for people who believe. (Quran 6:99)

It applies to all types of fruits, even if they are different.

Hence, just as “fruits” includes all their varieties under one known category, such words retain communicative clarity. Hence, addressing people using these shared names is still useful and allows for mutual understanding, unless there is evidence to specify a particular meaning. 

4. The Logical Impossibility

Ibn Hazm then advances to a logical argument:

“However, this is not possible with orders that can mean both obligation and permissibility. It is impossible for something to be both obligatory and permissible to not do, at the same time, for a single person. Therefore, treating orders the same as these shared names is invalid, because it would mean orders could never be followed, which would invalidate the very concept of commanding.”

Thus, he concludes that the waqf position leads to contradiction: if the Amr has no inherent bindingness, it cannot oblige at all — rendering commands of Allah meaningless.

He adds:

“It is proven that Allah gives us commands that we are capable of following, so the order must have a specified meaning, which is simply the act that the person is being ordered to do.”

5. The Principle of Contextual Diversion

Finally, Ibn Hazm clarifies an important qualification:

“If clear evidence is provided that a linguistic phrase has been moved from its original meaning and placed in a different context, then we must accept that new meaning. However, without such evidence, there is no justification for arbitrarily shifting a word's meaning away from its typical usage in the language.”

(Refer to: Al-Ihkaam fee Usool al-Ahkaam of Ibn Hazm, (3/2-6)

Summary of Ibn Hazm’s Argument

Ibn Hazm’s position balances two truths:

• Amr inherently denotes obligation by default (zahir).
• But it may shift to recommendation (istihbab) or permission (ibahah) only if daleel explicitly redefines it.
• Language conveys meaning through fixed convention (zahir).
• Denying default meanings nullifies all communication and revelation.
• The analogy between Amr and shared nouns is invalid.

Benefit

Principle: If it is proven from evidence that Amr in a particular instance is not an obligation, then it is Mustahabb (recommended) by default, as istihbab is the next level after obligation.
(See Usool al-Fiqh ala Manhaj Ahl al-Hadith by Dr. Zakariya bin Ghulam Khadir, p. 115)

Case Study (The Case of Keeping the Beard)

The Prophet ﷺ said:

“Cut the moustaches short and leave the beard.”
(Sahih al-Bukhari, 5893)

The imperative form (Amr) — “leave the beard” — appears here as a direct command. According to the established usul, such Amr inherently denotes obligation unless an external daleel (proof) specifies otherwise.

There are multiple narrations conveying the same instruction. Hence, the form of the command itself (sighat al-amr) carries its apparent ruling of wujub (obligation).

Ibn Hazm’s Position

Ibn Hazm explicitly supports this inference. In his Maratib al-Ijmaʿ, he records:

“The scholars have ittifaaq (agreement) that shaving beard is Haraam.”
(Maratib al-Ijmaaʿ, p. 182)

Hanbali and Shafi‘i Discussions

Ibn Muflih states that Ibn Hazm viewed growing the beard as fard (obligatory), while acknowledging that some among the Hanbalis regarded it as mustahabb (recommended):

“Ibn Hazm, in his book al-Ijmaaʿ, has said growing the beard is fard (obligatory). However, our companions (Hanbalis) have said it is recommended.”
(Al-Furooh, 1/151–152)

However, Al-Safareeni al-Hanbali states:

“The mutamad (official) position of the Hanbali madhhab is that it is haram to shave the beard.”
(Ghiza al-Albab, 1/376)

Within the Shafi‘i school, the mutamad opinion is as stated:

“The mutamad (official) position of the later Shafi‘i madhhab is that it is mustahabb (recommended) to grow the beard, as mentioned by al-Ghazali, al-Rafi‘i, and al-Nawawi.
However, other Shafi‘i scholars, such as Ibn al-Rafah, opposed them, citing explicit text from al-Shafi‘i that it is haram to shave.”
(Hawashi ‘ala Tuhfat al-Muhtaj, p. 436)

Explanation and Usuli Application

Those who held fardiyyah (obligation) relied on the zahir of the Amr and the absence of any valid qarinah (contextual indicator) diverting it from wujub.

Shaykh Muhammad bin Ali Adam al-Ethiopee said in explanation of aforementioned Hadith on beard in his book Dhakiratul Uqba 1/380:

Ibn Hazm and some Hanafi scholars have derived from above Hadith that it is Fardh (obligatory) to grow beard, whereas Jumhoor Ahlul-Ilm (majority of people of knowledge) have said it is recommended. Apparent (Dhahir) goes with the position of first group.

Those who said it is recommended, even though there is Amr in the hadith, did so because they believe that Amr in matters of morals and etiquettes denotes recommendation rather than obligation.

Whereas others believe that Amr implies obligation in general unless there is explicit proof to say it is recommended.”

Conclusion

We explored how Amr (command) and Nahi (prohibition) are understood in usul — that the command inherently implies obligation (wujub) and the prohibition implies forbiddance (tahrim), unless a clear evidence indicates otherwise. We also examined the differing views, including Ibn Hazm’s strong refutation of the concept of waqf (suspension).

InshaAllah, in the next lesson we will move to the study of Istinbaat and its types.

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

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In our ongoing study of Usul al-Fiqh, we have been learning how the ulama derive rulings from the nusus (texts) of the Qur’an and the Sunnah — the process of istinbaṭ (extraction of rulings) and istidlal (deriving evidence). In the previous lesson, we studied al-Mutlaq wal-Muqayyad — the absolute and the restricted — understanding how a text may introduce a limitation to what was otherwise unrestricted.

Usul-Al-Fiqh Made Easy (Part 18) - Mutlaq and Muqayyad (Absolute and Restricted)

Understanding Absolute (Mutlaq) and Restricted (Muqayyad)

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Now, we move to another fundamental topic in the study of rulings: al-Amr (الأمر) — The Command, its counterpart: An-Nahi (النهي) — The Prohibition.

Definition of Al-Amr (الأمر)

Linguistically:

The word Amr (أمر) means “command,” “instruction,” or “order.” It denotes the act of directing someone to perform an action.

Technically (in Usul al-Fiqh):

In usuli terminology, Amr refers to a verbal instruction or order issued by a person in a position of authority or power, directed at someone in a subordinate or inferior position, requiring them to perform a certain action.

It therefore presumes two relational conditions:

1. The command comes from one with power or authority.
2. It is directed toward someone under that authority.

Example:

وَأَطِيعُوا۟ ٱللَّهَ وَٱلرَّسُولَ لَعَلَّكُمْ تُرْحَمُون
Obey Allah and the Messenger, so you may be shown mercy. (Quran 3:132)

When one of equal rank requests or appeals, it is iltimaas, and when one of lower rank (inferior) pleads (to a superior), it is dua — a supplication. And when the command to do descends from Allah, it becomes Amr.

Different Usages of Amr in Nusus

1. Ijab (Obligation)

It refers to a command or directive that immediately establishes a sense of compulsion or obligation in the mind of the recipient. 

وَأَقِيمُوا الصَّلَاةَ – Establish salah. (Qur’an 24:56)

Here, Amr clearly signifies obligation, for Salah is among the pillars of Islam. The compulsory nature of the Salaah is recognized by the recipient.

2. Istihbab (Recommendation)

It refers to something which is recommended. 

فَكَاتِبُوهُمْ إِنْ عَلِمْتُمْ فِيهِمْ خَيْرًا

And those who seek a contract [for eventual emancipation] from among whom your right hands possess - then make a contract with them if you know there is within them goodness (Quran 24:33)

Here, the command is recommendation. It is mandub/mustahab (recommended).

3. Ibahah (Permission)

A command or directive that grants permission or consent for something after the removal of an 'obstruction' or hindrance.

وَإِذَا حَلَلْتُمْ فَاصْطَادُوا
But when you come out of iḥrām, then [you may] hunt.(Quran 5:2)

The verse merely permits hunting after Ihrām — not mandates it. The command is for permissibility. This naturally does not mean that every person who comes out of their state of Ihraam must go and hunt.

4. Tahdeedd

Amr may also appear in a form of censure or threat. This refers to a command or directive that serves to censure or warn someone, typically by demonstrating anger or conveying a threat. For example, the statement "Do as you please!" followed by an implicit warning of consequences, would be an instance of Tahdeed.

إِنَّ ٱلَّذِينَ يُلْحِدُونَ فِىٓ ءَايَـٰتِنَا لَا يَخْفَوْنَ عَلَيْنَآ ۗ أَفَمَن يُلْقَىٰ فِى ٱلنَّارِ خَيْرٌ أَم مَّن يَأْتِىٓ ءَامِنًۭا يَوْمَ ٱلْقِيَـٰمَةِ ۚ ٱعْمَلُوا۟ مَا شِئْتُمْ ۖ إِنَّهُۥ بِمَا تَعْمَلُونَ بَصِيرٌ 
Indeed, those who abuse Our revelations are not hidden from Us. Who is better: the one who will be cast into the Fire or the one who will be secure on Judgment Day? Do whatever you want. He is certainly All-Seeing of what you do. (Quran 41:40)

5. Tadeeb

It refers to a command or directive that aims to teach someone proper etiquette and manners, with the intent of instilling good character and behavior.

When the Prophet ﷺ saw a young boy eating:

A meal was brought to Allah's Messenger ﷺ  while step-son of Wahb bin Kaisan, Umar bin Abi Salama was with him. Allah's Messenger  said to him, 

"Mention the Name of Allah and eat of the dish what is nearer to you.” Sahih al-Bukhari 5378

6. Irshaad

A command or directive that aims to provide better understanding and perception of worldly matters. For example, when Allah advises regarding monetary dealings.

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنتُم بِدَيْنٍ إِلَى أَجَلٍ مُسَمًّى فَاكْتُبُوهُ
O you who have believed, when you contract a debt for a specified term, write it down. (Quran 2:282)

7. Imtinaan

A command or directive that serves to demonstrate a favor or bestow a benefaction. 

Here, Allah commands something to remind His servants of His generosity.

وَكُلُوا مِمَّا رَزَقَكُمُ اللَّهُ حَلَالًا طَيِّبًا
Eat of the good, lawful things provided to you by Allah. (Quran 5:88)

It is an instance of Itnaan, where the command acknowledges and highlights the favor and provision granted by Allah.

8. Taskhir

A command or directive that demonstrates something being under Allah's complete control and authority. It signifies that when Allah intends for something to come into existence or be effected, it occurs instantaneously, without any delay, as His power and ability are not within the control of man.

For example, when Allah says about Jews:

كُونُوا قِرَدَةً خَاسِئِينَ
Be apes, despised. (Qur’an 2:65)

9. Takween

A command or directive that brings something into existence. 

For example, when Allah says 

إِذَا قَضَى أَمْرًا فَإِنَّمَا يَقُولُ لَهُ كُنْ فَيَكُونُ
When He decrees a matter, He only says to it “Be!” and it is. (Qur’an 2:117)

10. Taswiyah (Equating Two States)

A command or directive that equates or treats two things as the same. 

For example, when Allah says 

 ٱصْلَوْهَا فَٱصْبِرُوٓا۟ أَوْ لَا تَصْبِرُوا۟ سَوَآءٌ عَلَيْكُمْ ۖ إِنَّمَا

[Enter to] burn therein; then be patient or impatient - it is all the same for you. (Quran 52:16)

In this instance, the command serves to equate the two options, demonstrating that they are ultimately equivalent in their ineffectiveness.

11. Ikram (Honour and Esteem)

A command or directive that bestows respect and honor.

ادْخُلُوهَا بِسَلَامٍ آمِنِينَ
It will be said to them,˺ “Enter in peace and security.” (Quran 15:46)

The use of the term "Enter" grants the recipient (the believers) a sense of honor and esteem.

12. Ihaanah (Disgrace and Humiliation)

A command or directive that serves to disgrace or humiliate. 

ذُقْ إِنَّكَ أَنتَ الْعَزِيزُ الْكَرِيمُ
Taste! Indeed, you are the honored, the noble. (Qur’an 44:49)

The command "Taste (of the punishment)" is an act of Ihaanah, where the disbelievers are being disgraced and dishonored.

Scholarly Differences Regarding the Meaning of Amr

Scholars have differed on the interpretation of Amr:

• Some hold that Amr is a mushtarak (homonym) — a shared term that can mean wajib (obligation), mandub/mustahab (recommendation), or mubah (permission) depending on context.
• Others maintain that its default is wajib (obligation) or mustahab (recommended) unless evidence indicates otherwise.
• A third group argues that the primary meaning of Amr is permission to act (mubah).

Imam al-Shawkānī summarizes these discussions in Irshad al-Fuhool (p. 91),

"Scholars have differed in their interpretation of the meaning of a command (amr). Some have held the view that amr is a homonym (mushtarak), which can convey multiple meanings, such as obligation, recommendation, or permissibility. Others have argued that amr only implies obligation or recommendation, but not permissibility. There are also those who believe that the primary meaning of amr is permission to do something, and that this concept is common to all three of the aforementioned interpretations"

Definition of An-Nahi (النهي)

Linguistically:

Nahi (نهي) in Arabic means to forbid, to prevent, or to stop someone from doing something.

Technically (in Usul al-Fiqh):

In Usuli terminology, Nahi refers to a verbal directive issued by one in authority to someone subordinate, commanding them to abstain from a specific act.

Thus, while Amr implies “do,” Nahi implies “do not.”

The relationship of authority remains the same:

• A superior prohibits.
• The subordinate refrains.

Example:

وَلَا تَتَّبِعْ أَهْوَآءَ ٱلَّذِينَ كَذَّبُوا۟ بِـَٔايَـٰتِنَا 
And do not follow the desires of those who deny Our Ayaat. (Quran 6:150)

When one of equal rank requests or appeals, it is iltimaas, and when one of lower rank (inferior) pleads (to a superior), it is dua — a supplication. And when the command to refrain descends from Allah, it becomes Nahi.

Expressions of Nahi in the Quran

An-Nahi appears in the Qur’an through various forms of expression, such as:

1. Direct Prohibition (لا تفعل)

وَلَا تَقْرَبُوا الزِّنَا
Do not approach unlawful sexual intercourse. (Qur’an 17:32)

The phrase “la taf‘al” (do not do) is the most direct form of Nahi.

1. Negation of Halal

فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ
So if a husband divorces his wife (three times), then it is not lawful for him to remarry her until after she has married another man and then is divorced. (Qur’an 2:230)

Here, Nahi is conveyed through the phrase “lā taḥillu lahū” — “not lawful for him,” expressing prohibition through negation.

1. Declaration of Something as Haram

حُرِّمَتْ عَلَيْكُمْ أُمَّهَاتُكُمْ وَبَنَاتُكُمْ
Prohibited to you (for marriage) are your mothers and your daughters. (Qur’an 4:23)

This form of Nahi declares certain acts inherently haram by Allah.

Different Usages of Nahi in Nusus

Although the primary meaning of Nahi is prohibition, it is used in different contexts in the Nusus, each carrying its own nuance.

1. Prohibition (Tahrim)

This is the primary usage of Nahi: a clear prohibition against a forbidden act.

وَلَا تَقْتُلُوا النَّفْسَ الَّتِي حَرَّمَ اللَّهُ إِلَّا بِالْحَقِّ
And do not kill the soul which Allah has forbidden (to be killed), except by legal right. (Qur’an 6:151)

Here, the Nahi denotes absolute prohibition (ḥarām).

2. Karahah (Dislike / Detestation)

Sometimes Nahi does not reach the level of prohibition, but it refers to something which is detested.

عَنْ أُمِّ عَطِيَّةَ ـ رضى الله عنها ـ قَالَتْ نُهِينَا عَنِ اتِّبَاعِ الْجَنَائِزِ

Narrated Umm Aṭiyyah (رضي الله عنها):
“We were forbidden to accompany funeral processions” (Ṣaḥīḥ al-Bukhārī, 1278)

At first glance, the wording indicates prohibition, but the continuation clarifies:

“…but it was not made obligatory upon us.”

3. Irshad (Guidance)

At times, Nahi is used as a form of gentle instruction or advice.

Mu'adh b. Jabal reported that the Messenger of Allah ﷺ  caught his hand and said:

By Allah, I love you, Mu'adh. I give some instruction to you. Never leave to recite this supplication after every (prescribed) prayer:

اللَّهُمَّ أَعِنِّي عَلَى ذِكْرِكَ وَشُكْرِكَ وَحُسْنِ عِبَادَتِكَ

"O Allah, help me in remembering You, in giving You thanks, and worshipping You well.”

(Sunan Abu Dawood 1522, authentic)

Here, “Never leave” (لاَ تَدَعَنَّ) is Nahi used for guidance.

4. To Denote Helplessness or Hopelessness

Sometimes Nahi is used not as a command but to express helplessness or futility.

يَـٰٓأَيُّهَا ٱلَّذِينَ كَفَرُوا۟ لَا تَعْتَذِرُوا۟ ٱلْيَوْمَ ۖ إِنَّمَا تُجْزَوْنَ مَا كُنتُمْ تَعْمَلُونَ
The deniers will then be told, “O disbelievers! Make no excuses this Day! You are only rewarded for what you used to do. (Quran 66:7)

Here, Nahi conveys the sense that excuses will be of no avail.

5. Tahqeer (Belittlement)

Nahi can also be used to belittle or humble, not as legal prohibition, but as moral rebuke.

وَلَا تَمُدَّنَّ عَيْنَيْكَ إِلَىٰ مَا مَتَّعْنَا بِهِۦٓ أَزْوَٰجًۭا مِّنْهُمْ زَهْرَةَ ٱلْحَيَوٰةِ ٱلدُّنْيَا لِنَفْتِنَهُمْ فِيهِ ۚ وَرِزْقُ رَبِّكَ خَيْرٌۭ وَأَبْقَىٰ

Never stretch your eyes towards the things We have given to some groups of them to enjoy, so that We put them to test thereby, it being merely glamour of the worldly life. And the bounty of your Lord is much better and more lasting. (Quran 20:131)

This Nahi discourages envy and worldly attachment.

6. Taswiyah (Equating Two States)

Tasweya refers to a Nahi that equates or treats two things as the same. 

 ٱصْلَوْهَا فَٱصْبِرُوٓا۟ أَوْ لَا تَصْبِرُوا۟ سَوَآءٌ عَلَيْكُمْ

[Enter to] burn therein; then be patient or impatient - it is all the same for you. (Quran 52:16)

Here, the Nahi serves to equate the two options, demonstrating that they are ultimately equivalent in their ineffectiveness.

Conclusion

Having explored the definitions of Amr (command) and Nahi (prohibition), some important questions come to mind: What is the default implication of Amr**? What does** Nahi inherently convey? Do these terms indicate a binding command or prohibition, or are they simply forms of encouragement and discouragement?

InshaAllah, we will go deeper into these opinions in the next article.

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

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In the previous class, we discussed Takhsees and understandood how a ruling that is general (aam) can be narrowed by a specific (khaas) text.

Now, in this lesson, we move to a closely related topic: Al-Mutlaq wal-Muqayyad (المطلق والمقيد) — the Absolute and the Restricted, where one text gives an unrestricted ruling, and another introduces a restriction or condition.

Definition

Mutlaq (المطلق – The Absolute)

• Linguistically: The word Mutlaq (مطلق) linguistically means unrestricted, free, or absolute.
• Usuli Definition: In Usool al-Fiqh, Mutlaq refers to a word or expression that is unrestricted in its application, it applies to something without any limitation. It covers any instance of its kind, without specifying a quality, condition, or context.

Example (Conceptual):
When one says “a man” (رجلٌ), or “a book” (كتابٌ), or “a bird” (طيرٌ), these terms are mutlaq because they are general, unqualified, and can refer to any man, book, or bird.

Muqayyad (المقيد – The Restricted)

• Linguistically: The word Muqayyad (مقيد) means restricted, limited, or qualified.
• Usuli Definition: In Usool al-Fiqh, Muqayyad refers to a wording that is restricted by a condition, quality, or context. It specifies that the ruling applies only when that restriction is met.

Example (Conceptual):
When one says “a green book” (كتابٌ أخضر), or “a wise man” (رجلٌ حكيم), the words are muqayyad because the general word (book or man) is now limited by a specific description (color or attribute).

Examples in the Qur’an and Sunnah

We will explore five examples that show both the mutlaq (unrestricted) and muqayyad (restricted) expressions used in the Quran and Sunnah.

1. The Case of Ẓihar (ظهار)

Context: In the Days of Jāhiliyyah, when a man wished to separate from his wife, he would say, “You are to me like my mother’s back.” Islam abolished this practice but required expiation (kaffārah) for it.

Mutlaq Example – Freeing a Slave (الرقبة)

Allah ﷻ says:

وَالَّذِينَ يُظَاهِرُونَ مِن نِّسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِّن قَبْلِ أَن يَتَمَاسَّا
And those who pronounce ẓihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allāh is Aware of what you do
Surah al-Mujādilah (58:3)

Here, the word رَقَبَةٍ (raqabah) — “a slave” — is Mutlaq. It is mentioned without restriction; it can refer to any slave, Muslim or non-Muslim, male or female.

2. Expiation for Ẓihar (Restricted Fasting)

Immediately after, Allah clarifies another form of expiation:

فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَاسَّا
But he who cannot find one [a slave to free] must fast for two consecutive months before they touch one another
— Surah al-Mujādilah (58:4)

Here, fasting is Muqayyad (restricted) by the condition “متتابعين (mutatābiʿayn)” — two consecutive months. If one fasts 2 months with breaks, it does not fulfill the requirement. The restriction makes this a Muqayyad ruling.

3. Marriage and Stepdaughters (الربائب)

Allah ﷻ says regarding whom one cannot marry:

وَرَبَائِبُكُمُ ٱلَّـٰتِى فِى حُجُورِكُم مِّن نِّسَآئِكُمُ ٱلَّـٰتِى دَخَلْتُم بِهِنَّ
‏ Also˺ forbidden to you for marriage are your mothers, your daughters, your sisters, your paternal and maternal aunts, your brother’s daughters, your sister’s daughters, your foster-mothers, your foster-sisters, your mothers-in-law, your stepdaughters under your guardianship if you have consummated marriage with their mothers—but if you have not, then you can marry them—nor the wives of your own sons, nor two sisters together at the same time - Surah al-Nisāʾ (4:23)

Here, the prohibition of marrying a stepdaughter is Muqayyad (restricted) by the phrase “ٱلَّـٰتِى دَخَلْتُم بِهِنَّ” (with whom you have consummated marriage) by the condition that it only applies if the man has consummated marriage with the mother of the stepdaughter.

If the husband married a woman but divorced her before consummation, then he may marry her daughter. Thus, the prohibition applies only if consummation occurred, a clear restriction.

4. The Inheritance (Wasiyyah – الوصية)

Allah ﷻ says:

مِن بَعْدِ وَصِيَّةٍ يُوصِي بِهَا أَوْ دَيْنٍ
After any bequest (wasiyyah) which he may have made or debt [that he owed]
Surah al-Nisāʾ (4:11)

Here, the word wasiyyah (bequest) is Mutlaq — unrestricted in amount or type.
At face value, this could mean one could give any portion of their wealth — even all of it — as a bequest.

However, the Sunnah restricts this through the Hadith of Saʿd ibn Abī Waqqāṣ (رضي الله عنه), reported in Ṣaḥīḥ al-Bukhārī (2742):

Narrated Ibn Abbas: I recommend that people reduce the proportion of what they bequeath by will to the fourth (of the whole legacy), for Allah's Messenger ﷺ  said, "One-third, yet even one third is too much.”

Here, the Prophet ﷺ specified that a bequest should not exceed one-third of one’s estate. This Hadith thus makes the Mutlaq Qur’anic ruling Muqayyad — restricted to one-third.

5. Takbir in the Days of Dhul Hijjah

The Prophet ﷺ encouraged takbirat (saying Allāhu Akbar) during the first ten days of Dhul Ḥijjah. This ruling is Mutlaq, as it is general for the days.

However, during the Days of Tashrīq (11th–13th of Dhul Ḥijjah), the practice becomes Muqayyad — restricted to after every obligatory prayer.

And the Prophet (peace and blessings of Allah be upon him) said: “The days of Tashreeq are the days of eating, drinking and remembering Allah.” (Narrated by Muslim in his Saheeh). Al-Bukhaari mentioned in his Saheeh, that Ibn ‘Umar and Abu Hurayrah (may Allah be pleased with them) used to go out to the market-place on first ten days of Dhu’l-Hijjah, reciting Takbeer, and the people used to recite Takbeer because of their Takbeer. ‘Umar ibn al-Khattaab and his son ‘Abd-Allah (may Allah be pleased with them both) used to recite Takbeer during the days of Mina in the mosque and in the camps, and they would raise their voices until Mina echoed with their Takbeer. It was narrated that the Prophet (peace and blessings of Allah be upon him) and a group of the Sahaabah (may Allah be pleased with them) used to recite Takbeer following each of the five prayers from Fajr on the day of ‘Arafaah until ‘Asr on the thirteenth day of Dhu’l-Hijjah. 

Difference Between Mutlaq/Muqayyad and Aam/Khaas

At first glance, both Mutlaq (absolute) and Aam (general) appear similar. But the difference lies in the scope within the expression.

Core Distinction

Some scholars even use them interchangeably in teaching, but Usuliyyoon maintain a technical distinction between the two.

Aam and Khaas Deal with Afrad (أفراد)

The study of Aam and Khaas concerns Afrad — individuals, instances, or particulars that fall under a universal term.

• Afrad (أفراد) — literally means “individuals” or “singulars.”

So when we study Aam and Khaas, we are identifying who among the individuals of a category are included or excluded in the ruling.

Example:

• “O you who believe, fasting is prescribed upon you (Qur’an 2:183)” → applies to every fard (individual) among the believers.
• “And whoever is ill or on a journey — then (let them fast) an equal number of other days” (Qur’an 2:185)” → specifies which afrād are excluded.

That’s Takhsees (specification), restricting the Aam ruling by excluding specific afrad (the ill and travelers).

Hence, Aam/Khaas primarily deal with inclusion and exclusion among individuals.

Mutlaq and Muqayyad Deal with Awsaf (أوصاف)

In contrast, Mutlaq and Muqayyad focus not on individuals, but on their attributes and descriptions — the awsaf.

• Awsaf (أوصاف) — means “qualities,” “descriptions,” or “attributes.” (Describing a man as wise, tall, or brave — these are awsaf (attributes) of the man)

Example:

• “And those who pronounce zihār from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave before they touch one another (Quran 58:3)” → the term raqabah (a slave) is Mutlaq — it is unrestricted. It could refer to any slave, whether believing or non-believing, male or female.
• “It is not lawful for a believer to kill another except by mistake. And whoever kills a believer unintentionally must free a believing slave and pay blood-money to the victim’s family—unless they waive it charitably. (Quran 4:92)” → specifies which slave, which is a believing slave in this case.

So, Mutlaq/Muqayyad address the qualities of what the text refers to, not the individuals it covers.

The Four Cases Between Mutlaq and Muqayyad

Once we understand what Mutlaq (unrestricted) and Muqayyad (restricted) mean, the next question is:

When does a muqayyad (restricted) text limit an mutlaq (unrestricted) one, and when does it not?

This is important because many verses in the Qur’an or Hadith may seem similar in wording but differ slightly in restriction. The scholars analyzed this into four cases, each depending on whether the ḥukm (ruling) and the sabab (cause) are the same or different.

Case 1: Same Ruling and Same Cause (sabab)

Rule:
When both the ruling and the cause are the same, the Muqayyad (restricted) text clarifies and restricts the Mutlaq (unrestricted) text.

Example:
The prohibition of blood (الدم) in two verses of the Qur’an.

Mutlaq Verse — unrestricted:

حُرِّمَتْ عَلَيْكُمُ ٱلْمَيْتَةُ وَٱلدَّمُ وَلَحْمُ ٱلْخِنزِيرِ
Prohibited to you are dead animals, blood, the flesh of swine, and those upon which (a name) other than that of Allah has been invoked (Quran 5:3)

Muqayyad Verse — restricted:

قُل لَّا أَجِدُ فِيمَا أُوحِيَ إِلَيَّ مُحَرَّمًا عَلَىٰ طَاعِمٍ يَطْعَمُهُ إِلَّآ أَن يَكُونَ مَيْتَةً أَوْ دَمًا مَّسْفُوحًا أَوْ لَحْمَ خِنزِيرٍ
 Say, ˹O Prophet,˺ “I do not find in what has been revealed to me anything forbidden to eat except dead animal, running blood, swine—which is impure—or a sinful offering in the name of any other than Allah.  (Quran 6:145)

Analysis:
Both verses discuss the same ruling (ḥukm) — prohibition of blood — and the same cause (sabab) — consumption. Therefore, the Muqayyad (flowing blood) clarifies and restricts the Mutlaq (blood).

Conclusion:
Only flowing blood (دمًا مسفوحًا) is haram, not the blood that remains attached to meat, nor does it refer to liver, or spleen which has blood.

Case 2: Different Ruling and Different Cause (sabab)

Rule:
If both the ruling and the cause are different, each text remains independent — the Muqayyad does not restrict the Mutlaq.

Example:
The hand (يد) mentioned in two verses — one about theft, another about wudu.

Mutlaq Verse — general command:

وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا
As for male and female thieves, cut off their hands for what they have done
(Quran 5:38)

“Hand” is used as Mutlaq in this case 

Muqayyad Verse — restricted:

فَاغْسِلُوا وُجُوهَكُمْ وَأَيْدِيَكُمْ إِلَى الْمَرَافِقِ
O believers! When you rise up for prayer, wash your faces and your hands up to the elbows   (Quran 5:6)

“Hand” is used as Muqayyad in this case as “to the elbows”.

Analysis:
Though both verses use the word “hands” (aydee),

• the ḥukm (ruling) is different — one concerns cutting, the other washing,
• and the sabab (cause) is different — theft vs. wudu.

Hence, each verse stands alone in its context. The restriction “to the elbows” in wudu does not limit the meaning of “hand” in the verse about theft.

Note:
The specification of “hand” for theft, meaning the wrist, comes from authentic Sunnah, not the verse on wudu.

The Prophet (peace and blessings of Allaah be upon him) said: “The hand should be cut off for (the theft of) a quarter of a dinar or more.” (Narrated by al-Bukhaari, al-Hudood, 6291) 

This shows how Sunnah is also a valid source along with the Quran.

Conclusion:
When both ruling and cause differ, Mutlaq and Muqayyad remain separate and are not combined.

Case 3: Different Ruling but Same Cause (sabab)

Rule:
If the cause is the same but the ruling differs, the two texts remain independent unless there is textual evidence linking them.

Example:
The hands in wudu (وضوء) and tayammum (تيمم).

Mutlaq Verse — unrestricted:

فَتَيَمَّمُوا صَعِيدًا طَيِّبًا فَامْسَحُوا بِوُجُوهِكُمْ وَأَيْدِيكُم مِّنْهُ
But if you are ill or on a journey or one of you comes from the place of relieving himself or you have contacted women and do not find water, then seek clean earth and wipe over your faces and hands with it
Surah al-Mā’idah (5:6)

“Hand” is used as Mutlaq in this case as (till wrists)

Muqayyad Verse — restricted:

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا قُمْتُمْ إِلَى الصَّلَاةِ فَاغْسِلُوا وُجُوهَكُمْ وَأَيْدِيَكُمْ إِلَى الْمَرَافِقِ
When you rise for prayer, wash your faces and hands up to the elbows
Surah al-Mā’idah (5:6)

“Hand” is used as Muqayyad in this case as “to the elbows”.

Analysis:
Both deal with purification (ṭahārah), the same cause, but their rulings differ:

• One describes washing for wudu (till elbows).
• The other describes wiping for tayammum (till wrists, according to Sunnah).

The Prophet ﷺ demonstrated tayammum by wiping the face and hands up to the wrists (Sahih al-Bukhari 338). Thus, tayammum’s ruling is not bound by the restriction in wudu.

Conclusion:
Though both address purification, because the rulings differ, each is applied in its own context.

Case 4: Same Ruling but Different Cause (sabab)

Rule:
If the ruling is the same but the causes differ, scholars differed — does Muqayyad restrict Mutlaq, or do they remain separate?

Example:
Freeing a slave (raqabah) as expiation in two different cases: Ẓihār and Killing by mistake.

Mutlaq Verse — Ẓihār:

فَتَحْرِيرُ رَقَبَةٍ مِّن قَبْلِ أَن يَتَمَاسَّا
Then [the expiation] is freeing a slave before they touch one another
— Surah al-Mujādilah (58:3)

“slave” is used as Mutlaq in this case 

Muqayyad Verse — Killing by mistake:

وَمَن قَتَلَ مُؤْمِنًا خَطَئًا فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ
Whoever kills a believer by mistake must free a believing slave
— Surah al-Nisāʾ (4:92)

“slave” is used as Muqayyad in this case as “believing slave”

Analysis:
The ḥukm (ruling) in both is the same — freeing a slave.
But the sabab (cause) differs: one is for zihar, the other for accidental killing.

Scholarly Opinions:

• Hanafi Position: Each ruling stands independently; Muqayyad does not restrict Mutlaq unless both share the same cause.
• Jumhoor (majority) Position: The Muqayyad (believing slave) restricts the Mutlaq (slave) — so in both cases, one must free a believing slave.

Conclusion:
The majority opinion is that Muqayyad restricts Mutlaq here, but the difference is valid and based on ijtihad, not contradiction.

Summary

Conclusion

We learned the principle of Mutlaq (Absolute) and Muqayyad (Restricted). A term without restriction is Mutlaq; when limited by description or condition, it becomes Muqayyad.

InshaAllah, in the next class we will move to the study of Amr (command).

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Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

ArriqaaqArriqaaq

Now, when you have the Nusus (Quran and Sunnah), the question is: what are the tools, what are the ways, how do we make Istinbat (extracting the ruling from the evidence) and Istidlal (seeking evidence for a ruling) from them? In the upcoming parts, inshallah, we’ll be focusing on that: different ways, different terminologies that scholars use to derive rulings from the Nusus.

And when you understand these tools, you’ll also understand why differences occur. For we all have the same Quran and Sunnah, yet the paths of deduction may differ. Hence today, we examine the concepts of General and Specific (العام والخاص - Aam and Khaas) which is used to understand Al-Hukm (ruling) based on the Nusus.

Understanding Aam and Khaas

One of the first tools the ulama use when looking at the nusus is the distinction between what is general (aam) and what is specific (khaas).

Why is this important? Because the ruling in the Quran or Sunnah may at times be addressed in broad, general terms, while at other times it is narrowed and applied specifically. If we do not recognize the difference, we may misunderstand the scope of a ruling.

General (عام - Aam)

• Linguistically: ʿAam means something that covers many.
• In Usul: A general or universal ruling that applies to all cases or individuals within a specific category. Aam statements are broad and inclusive, covering a wide range of situations or people. (Refer to al-Ihkaam 2/286-287 of al-Aamidi)

Example 1:

Quran 3:185: "Every soul will taste death." (كُلُّ نَفْسٍ ذَائِقَةُ الْمَوْتِ)

Explanation:
The word “kul (كُلُّ)” (every) shows generality, that this is an Aam statement that applies to all souls, without exception.

Example 2:

Quran 2:228: "Divorced women remain in waiting [i.e., do not remarry] for three periods (monthly cycles)" (وَٱلْمُطَلَّقَـٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَـٰثَةَ قُرُوٓءٍۢ ۚ)

Explanation:
The word "المطلقات" (al-muṭallaqāt) means "divorced women". The use of the definite article "ال" (al-) at the beginning of the word makes it a general term that applies to all divorced women. This makes the ruling Aam (عام).

Specific (خاص - Khaas)

• Linguistically: Khaas means specific, limited, or restricted.
• In Usul: A wording that refers to particular individuals, categories, or cases, excluding others. Khaas statements are narrow and exclusive, targeting a specific situation or person.

Example:

Qur’an 2:185

"But whoever is ill or on a journey, then (let them fast) an equal number of days (after Ramadan)."
(وَمَن كَانَ مَرِيضًا أَوْ عَلَىٰ سَفَرٍۢ فَعِدَّةٌۭ مِّنْ أَيَّامٍ أُخَرَ)

Explanation:
This verse specifically addresses two groups: the sick (marīḍan) and travelers (ʿalā safar). The ruling allows only them to delay fasting in Ramadan and make it up later. This is a Khaas (specific) ruling — it does not apply to healthy, resident individuals. The specification excludes the general population and limits the ruling to those two cases.

Some Expressions of Generality

Once we understand what Aam is, the next step is to recognize how the Quran and Sunnah express generality. The Arabic language uses specific words and structures to show that a ruling is broad and inclusive. Knowing these expressions helps us identify Aam rulings accurately.

1. Al (أل – The Definite Article)

Meaning:
When the definite article “al-” (ال) precedes a plural or collective noun, it often denotes generality — encompassing all members of that category, unless context indicates restriction.

Example – Quran 2:228

﴿وَٱلْمُطَلَّقَـٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَـٰثَةَ قُرُوٓءٍۢ﴾
"Divorced women remain in waiting [i.e., do not remarry] for three periods (monthly cycles)."

Explanation:
The term "المطلقات" (al-muṭallaqāt – the divorced women) uses “al”, making it a general expression. This means the ruling applies to all divorced women without exception — unless another verse or Hadith provides a specific exemption (e.g., pregnant women or those who no longer menstruate).

Thus, this is a Aam (عام) ruling expressed through "al-".

2. Kul (كُل – Every)

Meaning:
Kul denotes totality or universality — it includes every single member of the category being referred to, leaving no exception unless explicitly stated.

Example – Quran 3:185

﴿كُلُّ نَفْسٍۢ ذَآئِقَةُ ٱلْمَوْتِ﴾
"Every soul will taste death."

Explanation:
The word "kul" (كل – every) makes this a universal statement. It applies to every soul — human or otherwise — without exception. This is a classic expression of generality in the Qur’an, clearly falling under the category of Aam.

3. Jamīʿ (جميع – All / Entire)

Meaning:
Jamīʿ literally means “all” or “entire,” and it emphasizes that every individual in a given group is included — reinforcing totality or comprehensiveness.

Example – Qur’an 2:148

﴿فَاسْتَبِقُوا۟ ٱلْخَيْرَٰتِۚ أَيْنَ مَا تَكُونُوا۟ يَأْتِ بِكُمُ ٱللَّهُ جَمِيعًا ۚ﴾
"So compete in good deeds. Wherever you may be, Allah will bring you all together."

(jamīʿan - جَمِيعًا)

Explanation:
The word "جميعًا" (jamīʿan) emphasizes total inclusion — Allah will gather all of us, without exception. It doesn't leave out any group or individual.

Understanding Takhsees (التخصيص)

After understanding Aam (general), we now explore what happens when a general ruling is narrowed down or limited. When a general ruling (Aam) is narrowed down to apply to specific cases or individuals, this process is called Takhsees.

What is Takhsees?

• Meaning: The process of restricting a general ruling (Aam) to specific cases or individuals.
• Purpose: Identifies exceptions or specific conditions under which a general rule does not apply or applies differently.

Example Conceptually:

• General (Aam): All divorced women wait three menstrual cycles.
• Specific (Khaas): Pregnant divorced women wait until childbirth.

Here, the specific ruling limits the general ruling — this is Takhsees.

Types of Takhsees

1. Al-Mukhassis al-Muttasil (المخصص المتصل - Connected Takhsees)

Definition:
This occurs when the general ruling (Aam) and its specific limitation (Khaas) appear together in the same text, without separation.

Example from Quran 2:185:

• General (Aam):

﴿فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ﴾
"So whoever is present this month, let them fast."

• Specific (Khaas) connected in the same verse:

﴿وَمَن كَانَ مَرِيضًا أَوْ عَلَىٰ سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ﴾
" But whoever is ill or on a journey, then [let them fast] an equal number of days [after Ramadan]

Explanation:
Here, the general obligation to fast is immediately restricted for the sick and travelers. Both general and specific rulings are in the same verse, making it a connected specification (Al-Mukhassis al-Muttasil).

2. Al-Mukhassis al-Munfasil (المخصص المنفصل - Disconnected Specificator)

Definition:
This occurs when the general ruling (Aam) is mentioned in one text, and the specific limitation (Khaas) comes from a completely separate text.

Example:

• General (Aam) - Quran 2:228:

﴿وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ﴾
"Divorced women remain in waiting [i.e., do not remarry] for three periods (monthly cycles)."

• Specific (Khaas) - Quran 65:4:

﴿وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ﴾
"As for those who are pregnant, their waiting period ends with delivery."

Explanation:
The general ruling requires all divorced women to observe a waiting period of three menstrual cycles. However, another verse specifies that for pregnant women, the waiting period ends upon childbirth. Since the specific ruling comes from a separate text, this is disconnected specification. The Khaas ruling overrides the Aam ruling in this specific case.

3. Takhsees by Aql (Intellect) (التخصيص بالعقل)

Definition:
This occurs when the general ruling (Aam) is understood to exclude certain cases through intellectual reasoning. Some scholars of Uṣūl mention this form of specification, though it is not always considered necessary since revelation itself clarifies such matters.

Example – Quran 39:62:

• General (Aam):

﴿اللَّهُ خَالِقُ كُلِّ شَيْءٍ﴾
"Allah is the Creator of all things"

• Specific (Khaas – by intellect):

Intellectual reasoning shows Allah is not the Creator of Himself.

Explanation:
While the wording “Creator of all things” is general, the intellect recognizes that the Creator cannot be included within His creation. This exclusion is obvious rationally, and is also supported textually by verses such as Surah al-Ikhlāṣ which affirm Allah’s eternal, uncreated nature.

4. Takhsees by Urf (Custom) (التخصيص بالعرف)

Definition:
This refers to specifying a general text by reference to custom (ʿUrf). Scholars differed on its validity:

• Some (including certain Mālikī scholars) allowed specification through custom.
• Others only considered the ʿUrf of the Prophet’s ﷺ time as a valid interpretive context, rejecting later customary practices as a basis for specification.

Example – Hadith (Sahih Muslim 1592):

﴿الطَّعَامُ بِالطَّعَامِ مِثْلاً بِمِثْلٍ﴾
"Food (may be sold) for food, of same quantities"

Explanation:
The word ṭaʿām (food) in this Hadith is linguistically general. Mālikī scholars specified its meaning by the custom of the Prophet’s ﷺ time, applying it to staple foods such as wheat, barley, and dates which were commonly exchanged then. They interpret the general word "food" (طعام) in this Hadith as being specified by the custom (Urf) of the Prophet's time, applying it only to the types of food commonly exchanged then. Other scholars do not accept this form of Takhsees based on Urf, arguing that custom alone cannot restrict the scope of a general text.

Classification of Takhsees by Source

Beyond whether the specific ruling is connected or separate from the general, Takhsees can also be classified based on the source that provides the specification. This helps scholars determine which text or evidence limits the general ruling.

1. Takhsees of Quran by Quran (تخصيص القرآن بالقرآن)

Definition: This occurs when a general verse (Aam) in the Quran is clarified by another specific verse (Khaas) elsewhere in the Quran. Both the general ruling and its specification come from the same source — the Quran itself.

Principle: Khaas (specific) Dalil (evidence) takes precedence over Aam (General) Dalil. (Fath al-Bari 1/89, Majmoo al-Fatawaa 31/141, Nayl al-Awtar 1/485, Tafseer Bahr al-Muheet 3/168)

Example**:**

• General (Aam): Quran 2:228: وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ "Divorced women remain in waiting [i.e., do not remarry] for three periods (monthly cycles)."

Specific (Khaas) - Quran 65:4: وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ "As for those who are pregnant, their waiting period ends with delivery."

Explanation: The first verse establishes a general rule that all divorced women must observe a waiting period of three menstrual cycles. However, the second verse provides a specific exception: pregnant divorced women end their waiting period upon delivery, regardless of whether three cycles have passed. The specific ruling (Khaas) takes precedence over the general ruling (Aam) for this particular category.

2. Takhsees of Quran by Sunnah (تخصيص القرآن بالسنة)

Definition: This occurs when a general ruling established in the Quran is clarified by a specific ruling found in the Sunnah (Hadith). The Sunnah provides details that narrow the scope of the Quranic general statement.

Principle: Khaas (specific) Dalil (evidence) takes precedence over Aam (General) Dalil. (Fath al-Bari 1/89, Majmoo al-Fatawaa 31/141, Nayl al-Awtar 1/485, Tafseer Bahr al-Muheet 3/168)

Example 1:

General (Aam) - Quran 5:3: حُرِّمَتْ عَلَيْكُمُ الْمَيْتَةُ "Prohibited to you are dead animals."

Specific (Khaas) - Muwatta Malik 42: الْحِلُّ مَيْتَتُهُ "Its (Sea's) dead creatures are halal."

Explanation: This specific Hadith permits seafood that dies naturally, excluding it from the general prohibition of dead animals.

Example 2:

General (Aam) - Quran 5:38: وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيَهُمَا "As for male and female thieves, cut off their hands."

Specific (Khaas) - Muwatta Malik 1536: لاَ قَطْعَ فِي ثَمَرٍ وَلاَ كَثَرٍ "Do not cut the hand of one who steals fruit, or steals from palm trees."

Explanation: This Hadith specifies that the punishment of cutting off hands does not apply to the theft of fruits or palm trees.

Scholarly Agreement: While the majority of scholars, including the four Imams (Imam Abu Hanifa, Imam Malik, Imam Shafi'i, and Imam Ahmad), agree that an authentic Ahad (singularly transmitted) Hadith can specify a general Quranic verse, some later Hanafi scholars held a differing view, arguing that only a Mutawatir (mass-transmitted) Hadith could specify the Quran. However, even Imam Abu Hanifa himself, upon hearing an authentic Hadith on this topic, retracted an earlier ruling, showing the acceptance of Ahad Hadith for Takhsees.

3. Takhsees of Sunnah by Sunnah (تخصيص السنة بالسنة)

Definition: This occurs when a general ruling found in one Hadith is limited or clarified by a specific ruling found in another Hadith. Both the general statement and its specification come from the Sunnah.

Principle: Khaas (specific) Dalil (evidence) takes precedence over Aam (General) Dalil. (Fath al-Bari 1/89, Majmoo al-Fatawaa 31/141, Nayl al-Awtar 1/485, Tafseer Bahr al-Muheet 3/168)

Example:

General (Aam) - Sunan Nasaee 5148, Saheeh: ﴿أُحِلَّ الذَّهَبُ وَالْحَرِيرُ لِإِنَاثِ أُمَّتِي وَحُرِّمَ عَلَى ذُكُورِهَا﴾ Messenger of Allah ﷺ said: "Gold and silk have been permitted for the females of my Ummah, and forbidden to the males."

Specific (Khaas) - Sahih al-Bukhari 5839: ﴿رَخَّصَ النَّبِيُّ صلى الله عليه وسلم لِلزُّبَيْرِ وَعَبْدِ الرَّحْمَنِ فِي لُبْسِ الْحَرِيرِ لِحِكَّةٍ بِهِمَا﴾ "The Prophet ﷺ allowed Az-Zubair and Abdur-Rahman to wear silk because they were suffering from an itch."

Explanation: The first Hadith establishes a general prohibition of silk for men. However, the second Hadith shows that the Prophet ﷺ made a specific exception for medical necessity (skin condition). This shows that while generally forbidden for men, wearing silk is permissible for a specific medical necessity.

4. Takhsees by Ijmaa (Consensus) (التخصيص بالإجماع)

Definition: This occurs when a general text from the Quran or Sunnah is limited by the unanimous agreement (Ijmaa) of qualified scholars. The scholarly consensus establishes a specific exception or limitation to the general ruling.

Principle: A specific evidence (Khaas Dalil) established by consensus takes precedence over a general evidence (Aam Dalil) from the Quran or Sunnah.

Example:

General (Aam) - Quran 6:118: ﴿فَكُلُوا مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ﴾ "So eat of that [meat] upon which the name of Allah has been mentioned."

Specific (Khaas) - Ijmaa: There is an Ijmaa (consensus) that Zabiha of Majoosi (fire worshipper) is Haraam. (Al-Mughni 9/313 by Ibn Qudamah)

Explanation: The Quranic verse gives a general permission to consume meat over which Allah's name has been mentioned. However, there is an Ijmaa (consensus) that Zabiha of Majoosi (fire worshipper) is Haraam (Al-Mughni 9/313 by Ibn Qudamah). This consensus specifies the general permission, as fire worshippers are not considered People of the Book whose slaughter is permissible.

The Fundamental Principle

Throughout all categories of Takhsees, the consistent principle remains: Khaas (specific) Dalil (evidence) takes precedence over Aam (General) Dalil. (Fath al-Bari 1/89, Majmoo al-Fatawaa 31/141, Nayl al-Awtar 1/485, Tafseer Bahr al-Muheet 3/168)

When scholars encounter what appears to be a contradiction between a general ruling and a specific one, this principle helps understand that the specific ruling clarifies the application of the general one rather than contradicting it.

Conclusion

We learned the principles of Aam and Khaas, the expressions of generality, and how Takhsees (specification) works in deriving rulings.

InshaAllah, in the next class we will move to the study of Mutlaq (Absolute) and Muqayyad (Restricted), which is another key tool the ulama use in deriving Ahkam.

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

ArriqaaqArriqaaq

In our ongoing study of Usool al-Fiqh (principles of Islamic Fiqh), we have systematically examined the various sources of Al-Hukm (Islamic rulings). We have covered the primary sources - the Quran, Sunnah, and Ijma (scholarly consensus) - and explored different methodologies of Ijtihad including Qiyas (analogical reasoning), Istihsan, Amal Ahlul Madina (practice of the people of Madinah), Istishab (presumption of continuity), Sadd al-Dhara'i (blocking the means), Qawl as Sahabi (statement of the companions) and Masalih Mursalah. Today, we examine another important source within Ijtihad: Urf (custom).

The Meaning of ʿUrf

Linguistically, the term ʿUrf comes from the root meaning “to know.” It refers to what is commonly recognized or acknowledged.

Technically, in the discipline of uṣūl al-fiqh, ʿUrf is defined as:

"What is common or customary among the people and to which they have habituated, whether it is a word or deed which is not contrary to the Qur'an and Sunnah”

 In other words, Urf represents the established customs, practices, and norms within a community or society, as long as they do not conflict with the teachings of the Quran and Sunnah.

Types of Urf

The fuqaha (jurists) classify Urf into two principal categories:

1. Verbal Urf (Urf Lafzi)

This refers to the meanings of words that people habitually intend when they speak them in an absolute sense.

Suppose you tell someone during a transaction, "I will give you 5000 dollars in USA." In this case, the understood custom is that the term "dollars" refers to the currency of the United States, which is the US Dollar (USD). It would not be interpreted as referring to another currency like the New Taiwan Dollar (NTD) or the Singapore Dollar (SGD). If a dispute later arose and this matter went to court, the qāḍī (judge) would likely rule that the custom and common understanding in the United States is that "dollars" means US Dollars. The qāḍī would therefore order you to pay the 5000 USD that was promised, rather than the equivalent amount in a different currency. The customary usage of the term "dollars" in this context would be considered authoritative.

2. Practical ʿUrf (ʿUrf ʿAmalī)

This refers to the actions and practices that people are accustomed to and widely recognize.

Consider a scenario where giving dowry is a common practice during a nikāḥ (Islamic marriage) ceremony. In this case, the giving of dowry is a widely accepted and recognized custom (ʿUrf) within the community. If a dispute arises where the wife claims that dowry was not given, without any evidence to support her claim, the established ʿUrf of providing dowry during the nikāḥ would still be considered, even in the absence of documentation, unless there is some alternate evidence to dispute it.

Conditions for Valid ʿUrf

Not every custom is recognized in Sharīʿah. The ʿUlamāʾ (scholars) stipulate several conditions for ʿUrf to have legal authority:

1. Continuity: The custom should be continuous and widely recognized within the community. For example, mahr (dowry given by man).
2. Timing: The custom should exist at the time of the transaction or agreement being made.
3. Agreement: The parties should not agree on anything that runs counter to the established custom. If the parties clearly make an agreement against the custom, their agreement will be considered, not the customary practice. For example, utilities bill in a rented house.
4. Alignment with Sharīʿah: The custom should not contravene any text of the Qur'an or the Sunnah. For example, interest-based business.

Urf and ʿĀdah

The terms ʿUrf and ʿĀdah are closely related but distinct:

• ʿĀdah (usage) can be from an individual (personal practice, ʿādah fardiyyah) or from a group of people (collective practice, ʿādah jamāʿiyyah).
• ʿUrf (custom) is only a collective practice, not an individual one.

Here, ʿĀdah is often used synonymously with ʿUrf.

Qāʿidah (Legal Maxim): العادة محكمة

A central qaidah in Shariah states:
“al-Adah Muhakkamah — Custom is authoritative.”

This means that custom is taken into account during judgement. The Ulama (scholars) will consider it while issuing fatawa, and the qadi (judge) will take it into account before giving judgement.

In some cultures and customs, the term "lunch" is strongly associated with meals that include rice as a staple component. If someone from this cultural background is asked "Did you have lunch?" and they reply "No," even though they consumed a meal of tortilla wraps and sandwiches, they would not be considered a liar. The reason is that, within their cultural understanding, "lunch" is specifically defined as a meal containing rice. The absence of rice in their midday meal means it would not be considered "lunch" by their cultural standards, even though it may be considered a lunch by the standards of other cultures. In such a case, the arbiter or qāḍī would defer to the customary definition within that society.

Evidences for Urf

The concept of Urf is recognized as a source of Islamic law by the major books of fiqh.

From the Qur’an:

وَأْمُرْ بِٱلْعُرْفِ وَأعَْرِضْ عَنِ ٱلْجَاهِلِينَ
“Enjoin what is (Urf) right, and turn away from those who act ignorantly.” (Qur’an 7:199)

Al-Qurtubi explains:

“Urf, ma'ruf and ma'rifah is anything that is good, approved of by reason, and acceptable by mankind.” (Tafsir al-Qurtubi, 7/344)

From the Sunnah:

• Narrated Abdullah bin AzZubair: "Hold to forgiveness; command what is right (Urf)..(Qur’an 7:199)." was revealed by Allah except in connection with the character of the people. (Sahih al-Bukhari, 4643)
• Narrated Aishah: Hind bint Utbah said, "O Allah's Messenger ﷺ Abu Sufyan is a miser and he does not give me what is sufficient for me and my children. Can I take of his property without his knowledge?" The Prophet ﷺ said, "Take what is sufficient for you and your children, and the amount should be just and reasonable (bil-Ma'ruf)." (Sahih al-Bukhari, 5364)

References:

• Usool al-Fiqh al-Islami, Muhammad Mustafa al-Shalabi, p. 323
• Al-Ashba wal-Nazair, al-Suyuti, p. 89
• Al-Manthur fi al-Qawaid, al-Zarkashi, 2/356
• Sharh Al-Qawaid al-Fiqhiyyah, Ahmad M. al-Zarqa, p. 219

Derivative Qawaid (Legal Principles)

From this principle arise derivative qawaid:

• “Determining a ruling through Urf is like determining it through nass (text).” (التعیین بالعرف كالتعیین بالنص)
• “That which is known by Urf is like that which is stipulated by condition (shart).” (المعروف عرفاً كالمشروط شرطاً)

If someone rents a shop in a street full of clothing and fashion shops, and the rental agreement does not specify the exact purpose for which the shop will be used, then the customary practice (ʿUrf) of the area would be used to determine the intended use of the rented shop. Since the surrounding shops are primarily used for clothing and fashion-related businesses, the customary practice would suggest that the rented shop should also be used for similar purposes. Therefore, if the tenant uses the rented shop for purposes such as to burn iron and engage in metalworking activities, which are not in line with the customary practice of the area, the owner can rightfully ask the tenant to vacate the premises.

Likewise, suppose a real estate broker or agent is hired to facilitate the rental of a property. It is a common and accepted practice (ʿUrf) in the local real estate market that the broker or agent takes one month's rent as their commission for the transaction. Even if this commission arrangement is not explicitly stated in the rental agreement, it would be considered as binding as if it were a stipulated condition, based on the principle mentioned above.

Conclusion

Urf, therefore, is the recognized custom of people which the Shariah accepts as a source of rulings so long as it does not contradict Qur’an or Sunnah. With this foundation in place, we now turn to the next important discussion in usul al-fiqh: the principles of Aam (general) and Khaas (specific).

إِنَّا نَحْنُ نَزَّلْنَا ٱلذِّكْرَ وَإِنَّا لَهُۥ لَحَـٰفِظُونَ

Verily We: It is We Who have sent down the Dhikr and surely, We will
guard it (from corruption)

Every young Muslim who opens the Qur’an feels the same wonder: How do I truly understand what I’m reading? Is tafseer only for great scholars, or is there a path that even a beginner can take with confidence?

This book begins with that question and shines light on the principles of tafseer, so that anyone, young or old, student or seeker of knowledge, can begin engaging the Qur’an with understanding. It takes the reader, step by step, through how the Prophet ﷺ explained the Qur’an, how the companions learned, and how scholars after them preserved their insights. It is a summary of Ibn Taymiyyah’s Muqaddimah fee Usool at-Tafseer, presented with a modern touch by incorporating contemporary issues in tafsir.

Simple, structured, and rooted in evidences from Quran and authentic Hadith, this book is for young readers and for anyone, of any age, who wishes to approach the Qur’an with clarity and confidence.

📚🔗 TLDR; Link to Read

At Arriqaaq, we are committed to sharing Islamic knowledge freely. InshaAllah, our courses and books will always remain free to read and publish.

Here is the link to our book:

• Inception to Illumination: Navigating the Summary of Principles of Tafseer

You do not need to sign up to read on academia, just keep scrolling to read it.

🌿 Why should you read this book

• It’s a beginner-friendly introduction to the science of Usul at Tafsir.
• It clears away the myth that tafseer is “locked” for specialists only, and clears up path on how to approach it.
• It shows how the Qur’an itself explains its verses, and how the Prophet ﷺ and his companions lived its meanings.
• It equips readers to spot common errors, avoid opinion-based tafseer, and balance study with personal reflection (tadabbur).

✨ Who is this book for?

• Young Muslims and Students beginning Islamic sciences who need a roadmap before the longer journey.
• Teachers and instructors looking for a simple, trustworthy guide to share with learners.

💫 How You Will Benefit from this Book

This book is written with a clear purpose: to give you the keys to approach the Qur’an correctly. In a time when personal opinions, sectarian readings, and modernist claims often cloud people’s understanding, this work draws you back to the original sources, the Prophet ﷺ, his Companions, and the earliest scholars.

Here’s what you will gain from it:

• Clarity on what Tafseer really is. You will learn the difference between explanation (tafseer) and reflection (tadabbur), so you don’t confuse heartfelt pondering with scholarly interpretation. Both have their place, but they are not the same.
• Confidence in authenticity. By studying how the Prophet ﷺ explained the Qur’an, how the Sahabah carried those explanations, and how the Tābi‘īn preserved them, you’ll see why tafseer is not guesswork but a transmitted science.
• Awareness of common mistakes. The book doesn’t just teach what is right it shows what is wrong. Deviant tafsīrs are exposed, so you can recognize false readings and protect yourself from confusion.
• Understanding of delicate issues. Topics like Isra’īliyyāt (Judeo-Christian reports), “scientific tafseer,” and theories of Qur’anic coherence (nazm) are explained with balance: what is useful, what is harmful, and what limits must be respected.
• Guidance on where to start. For those who want to continue beyond this summary, the book points you towards authentic tafsīrs like Ibn Kathīr, As-Sa‘di, and Tafseer al-Muyassar — so you know your next steps.

Note: This book equips you with the summary of principles of tafseer, not to make you a mufassir, but to make you a safer reader of the Qur’an. It teaches you how to recognize authentic explanations, avoid misleading ones, and approach the Qur’an with both heart and discipline.

📖 Table of Contents

1. What is Tafseer?

Definition and purpose of tafseer in Islam.

2. Types of Tafseer

Explaining the Qur’an by Qur’an, Hadith, Companions, and language.

3. Asbāb an-Nuzūl (Reasons for Revelation)

Understanding why verses were revealed.

4. How the Prophet ﷺ Explained the Qur’an

His verbal explanations and practical example.

5. Tafseer of the Companions and Tābi‘īn

Early authorities and why their insights matter.

6. Differences Among the Salaf

How apparent variations in tafseer are reconciled.

7. Isra’īliyyāt in Tafseer

When reports from earlier scriptures can or cannot be used.

8. Misguided Approaches to Tafseer

Warnings against deviant or opinion-based tafseer.

9. The Danger of Speaking Without Knowledge

Early scholars’ cautions on interpreting without evidence.

10. Tafseer vs. Tadabbur

Clarifying the difference between explanation and reflection.

11. Scientific Tafseer

Benefits and risks of linking tafseer to modern science.

12. Nazm al-Qur’an (Coherence)

Understanding the Qur’an’s thematic and structural unity.

13. Authentic Books of Tafseer

Trusted works for further study.

14. Appendix: Tafseer Attributed to Ibn ‘Abbās

Clarifying works falsely linked to him.

🤝 Conclusion

This book is not a polemic; it is a friendly, evidence-based guide. It asks you to read responsibly, to verify, and to reflect. If you are young and curious about how the Qur’an can be studied honestly, with objective principles, and without fancy tricks or hollow rhetoric, this book is for you.

Arriqaaq is an online creative space for authentic islamic articles, courses, competitions, arts and crafts, projects that inspire, as well as reflection around education, islam, lifestyle and technology.

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إِنَّا نَحْنُ نَزَّلْنَا ٱلذِّكْرَ وَإِنَّا لَهُۥ لَحَـٰفِظُونَ

Verily We: It is We Who have sent down the Dhikr and surely, We will
guard it (from corruption)

In an age wherein Doubt, clad in the solemn robes of Learning, parades itself as Wisdom, when bold slogans (that ḥadīth “cannot be proven academically”) parade as scholarship, and the force of rhetoric is mistaken for the force of proof, our two new books speak with quiet insistence: that what has been preserved (of the Quran and Hadith) was not by accident, but by academic rigour, through memory and manuscript, isnād and inquiry, journey and judgement.

For the science of ḥadīth is no collection of tales, but a discipline that is exacting, evidentiary, and precise, where manuscripts speak, sanads (chains) converge, and character is weighed. The sciences of ḥadīth are no less rigorous for being old; indeed, their standards of verification exceed those demanded by their loudest critics.

📚🔗 TLDR; Link to Read

At Arriqaaq, we are committed to sharing Islamic knowledge freely. InshaAllah, our courses and books will always remain free to read and publish.

Here are the links to two of our books:

• Status and Preservation of Hadith: Answering the contentions of orientalists, christian missionaries and modernists on Hadith
• Dismantling Orientalist Narratives: A Critique of Orientalists' Approach to Hadith with special focus on Juynboll

You do not need to sign up to read on academia, just keep scrolling to read it.

Please note: We do not handle printing or work with any printing press. However, for those who prefer physical books, hard copies are available for purchase through Amazon.

• Status and Preservation of Hadith: Answering the contentions of orientalists, christian missionaries and modernists on Hadith
• Dismantling Orientalist Narratives: A Critique of Orientalists' Approach to Hadith with special focus on Juynboll

⚡️ What is Orientalism?

Western scholars have shown interest in the study of Hadith for the past 250 years. Their efforts have included translating Arabic works, preparing indexes, and editing texts on various sciences of Hadith. The main aim of these scholars appears to have been to attack Islam by creating doubts about its foundation, namely the
Quran and Hadith. This is evident from the statement of an American orientalist, Jeb, who said:

"Islam is built on the Hadith more than the Quran, however if we remove all the Hadith that are lies, nothing would remain from Islam, and it would be just like the cactus fruit of Thomson."

This statement refers to an anecdote about an American man named Thomson, who went to Lebanon and was given a cactus fruit. Thomson then tried to remove all the seeds from the fruit, until eventually there was nothing left in his hand.

By “Orientalism” in the ḥadīth debate we mean the body of Western scholarship that often produces arguments that diminish or deny the historical authority of ḥadīth. It is marked by recurring claims that the bulk of narrations were fabricated late, that isnāds conceal single inventors, that absence from certain corpora proves non-existence, and that oral transmission cannot preserve precise reports. As Dismantling Orientalist Narratives (p.8) states:

“The main aim of these scholars appears to have been to attack Islam by creating doubts about its foundation.”

🧠 The Anatomy of Modern Doubts

The modernist and orientalist objections tend to move in familiar channels:

• Late-dating hypotheses — that the majority of ḥadīth arose centuries after the Prophet ﷺ to serve sectarian or juristic agendas.
• Common-link reconstructions — that the chains are explainable by a single fabricator or “inventor.”
• Argument from silence — that the absence of a report in one corpus proves its later invention.
• Forgery scepticism — that manuscripts, however early, cannot be trusted as genuine.
• Character attacks — that some Companions fabricated for political ends.
• Orality scepticism — that oral cultures cannot preserve detailed reports.
• Methodological substitution — that Muslim criteria should be abandoned in favour of exclusively external frameworks.

📚 What Status and Preservation of Ḥadīth does

Imam Muslim narrated with an authentic chain in the introduction of his Saheeh (1/15) under chapter entitled “Explanation on the point that isnaad is part of the religion” that Imam Abdullah bin Mubarak said:

Isnaad is part of the religion. If it were not for the isnaad anyone would say whatever he wishes to say.

This book lays the theological and historical groundwork first. It reminds readers that ḥadīth and Sunnah are not casual oral tales but the recorded explanation of Sunnah preserved by an institutional discipline. The book talks about:

• The classical definitions of ḥadīth and Sunnah and how they were preserved and transmitted.

• The memory and institutional mechanisms for preservation of hadith: memorization schools, travel for knowledge, chains (isnāds) and biographical sciences, with concrete examples of students who memorised thousands of narrations.

• A chapterized rebuttal to the most common modernist lines, e.g., the charge that ḥadīth were compiled “much later”, or that Abu Bakr burned early compilations using texts, manuscript evidence, and eyewitness traditions.

In short, Status and Preservation reconstructs the very foundation of fact and method by which ḥadīth were gathered, committed to memory, and faithfully passed down, and upon this steadfast groundwork it confronts the modern doubts with answers drawn not from mere assertion, but from solid evidence.

📚 What Dismantling Orientalist Narratives does

Where Status and Preservation of Ḥadīth is the foundational defence, Dismantling Orientalist Narratives is a critique of specific orientalist claims (special focus: Juynboll).

The book focuses on named scholars and named claims (Juynboll, Goldziher, Schacht, Calder) and tests each assertion against manuscript witness, biographical scrutiny, and isnad analysis. This volume is a targeted, chapter-by-chapter reply to Juynboll in particular.

💫 Who should read these books?

We recommend them for:

• Students and teachers of ḥadith who want a modern, evidence-based refutation of major sceptical theses.
• Muslims troubled by modernist doubts who wish to see the primary-source responses laid out carefully.

🗣️ What kind of doubts do they raise?

1) Doubt — “Most ḥadīth were composed late / redacted centuries after the Prophet”

What orientalists claim: Schacht-style and some modernist accounts argue many traditions reflect later fiqh (juristic) needs and were retrojected into earlier periods.

How the books answer:

• Status and Preservation reconstructs the early institutional mechanisms (memorisation, travel, connected chains, biographical scrutiny) that refute the claim as it emphasises the disciplining role of isnād and the hadith sciences that separated authentic from weak reports.
• Dismantling Orientalist Narratives engages specific late-dating claims with manuscript and chain evidence.

Where to read more in the books: Status and Preservation of hadith — chapter “Isnaad: A tool in preservation of hadith” (see discussion and examples); Dismantling Orientalist Narratives — chapters responding to Schacht/Motzki/Calder.

2) Doubt — “Companions’ reliability is suspect (e.g., charges that Abu Hurayra or Muʿāwiya fabricated reports)”

What orientalists claim: Some orientalist narratives single out certain Companions as prolific fabricators or politically motivated transmitters.

How the books answer:

• Dismantling provides case-by-case refutations of Goldziher-style and Juynboll-style accusations (Muʿāwiya, Mughirah, Abu Hurayra, Samura, etc.), showing that such indictments either rely on selective reading or misapplied methodology. The book’s chapter list explicitly includes multiple named refutations.

Where to read more: Dismantling Orientalist Narratives — chapters “Refutation of Goldziher’s evidence that Mu‘awiyah and Mughirah fabricated Ahadith” (p.83) and “Refutation that Abu Hurayra fabricated Hadith” (p.92).

3) Doubt — “Orality vs. literacy: until writing became common, oral transmission is inherently unreliable”

What orientalists claim: Early Islam’s alleged oral culture made accurate long-term preservation impossible.

How the books answer:

• Both books document the deep culture of travel for knowledge, the pedagogy of memorisation, and early written notes/codices (e.g., Saheefah documents). Dismantling Orientalist Narratives quotes early statements showing the intensity of seeking and memorising (Saeed bin al-Musayyib example).

Where to read more: Dismantling Orientalist Narratives — chapter on Preservation of Hadith through travels in search of Hadith: Refutation of Gautier Juynboll; Status — on memorisation & the role of isnād.

🤝 Conclusion

Our books are not exercises in polemics but in disciplined reply. We invite scholars, students, and interested readers to engage them honestly: read the chapters, examine the citations, and judge on the basis of evidence. We publish them for one reason: to restore an evidence-based account of how our Prophet’s ﷺ teachings were preserved and transmitted, and to equip the community to respond to modern doubts with scholarship.

Arriqaaq is an online creative space for authentic islamic articles, courses, competitions, arts and crafts, projects that inspire, as well as reflection around education, islam, lifestyle and technology.

Follow or Contact us on instagram

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

ArriqaaqArriqaaq

In our ongoing study of Usool al-Fiqh (principles of Islamic Fiqh), we have systematically examined the various sources of Al-Hukm (Islamic rulings). We have covered the primary sources - the Quran, Sunnah, and Ijma (scholarly consensus) - and explored different methodologies of Ijtihad including Qiyas (analogical reasoning), Istihsan, Amal Ahlul Madina (practice of the people of Madinah), Istishab (presumption of continuity), Sadd al-Dhara'i (blocking the means), and Masalih Mursalah. Today, we examine another important source within Ijtihad: Statements of Companions (قول الصحابي - Qawl as-Sahabi).

Understanding Qawl as-Sahabi

When we say Qawl as-Sahabi or the statement of the Companion, it is a general term that can mean different things and falls under different categories. The Companions (رضي الله عنهم) held a unique position in Islamic history - they witnessed the revelation (Wahy), learned directly from the Prophet ﷺ, and understood Islam in its pure, original form. Their statements and actions fall into various categories, each with its own level of legal authority depending on the nature and circumstances of the statement.

To properly understand when and how a Companion's statement can serve as proof in Shari'ah, we must examine the different categories scholars have identified.

Categories of Qawl as-Sahabi

1. Al-Marfoo al-Qawli Hukman (المرفوع القولي حكماً)

This category refers to a narration from a Sahabi (companion) who is not recognized for transmitting narrations from the Ahl al-Kitab (People of the Book), and it does not stem from personal opinion or juristic reasoning (Ijtihad).

Legal Authority: These narrations are considered binding proof as they are referred to as Al-Marfoo al-Qawli Hukman, indicating that they are elevated to the level of the Prophet's sayings in terms of their legal authority, despite not being directly attributed to him.

Reasoning: If a Sahabi says something and it's not likely that it's his opinion or Ijtihad, or if what he's narrating cannot stem from his personal opinion, then it has to be from the Prophet ﷺ. For example, a Sahabi cannot say something about rewards in the afterlife or matters of the unseen from his own opinion - he cannot see what happens in the grave or know what reward someone will get. This cannot be from his personal opinion, so it has to be from the Prophet ﷺ.

Example: Reciting Surah Al-Kahf on Friday

Regarding the practice of reciting Surah Al-Kahf on Fridays, there are narrations found in Sunan Nasai, Mustadrak Hakim, Al-Mukhtaarah by Imam Zia Al-Maqdasi, and Tabarani's Al-Mujam AL-Awsat. These narrations present slight variations in wording but are considered weak in authenticity, as explained in detail by Shaykh Abdullah al-Fawzan in his book "Ahadith al-Waridah fee Qiraah Surah al-Kahf Yaum al-Jumah".

However, there is an authentic narration reported in the Sunan Ad-Darimi 3407, that Abu Saeed رضي الله عنه said, "Whoever reads Surah Al-Kahf on Friday, for him light will shine from beneath his feet to the clouds in the sky, and will remain shining for him on the Day of Resurrection, and he will be forgiven for what occurs between the two Fridays (from his minor sins)".

In the book Talkhees Al-Habeer 2/146 by Ibn Hajr, the author states that the previous statement about reciting Surah Al-Kahf on Fridays is not a hadith attributed to the Prophet ﷺ. Rather, it is a statement made by Abu Saeed, and should not be ascribed to the Prophet ﷺ.

2. Al-Marfoo al-Fi'li Hukman (المرفوع الفعلي حكماً )

Al-Marfoo al-Fi'li Hukman refers to an action carried out by a companion that would not ordinarily be based on personal opinion.

Legal Authority: This is a binding proof in Shari'ah. When a Sahabi performs an action in worship that is unusual or specific, and it's not possible for him to have derived this from his own Ijtihad, it must have come from the Prophet ﷺ.

Important Condition: Such actions should never contradict what is established from the Prophet ﷺ.

Example: Ali رضي الله عنه performing more than two bowings (Rukoo) in each unit (Rakah) of the Eclipse Prayer (Salat al-Kusoof). This unusual practice in prayer indicates it was derived from the Prophet ﷺ, making it binding proof.

3. Marfoo at-Taqreeri Hukman (المرفوع التقريري حكماً)

Marfoo at-Taqreeri Hukman refers to a situation where a companion reports that a certain practice was common during the Prophet's time and that they were not stopped from doing so.

Legal Authority: This is a binding proof. Even if the Prophet ﷺ did not directly witness the specific action, it was not concealed from Allah, and since revelation was ongoing, the lack of prophetic objection to the practice gives it endorsement.

Example: Narrated Jabir: "We used to practice coitus interruptus while the Qur'an was being revealed. Jabir added: We used to practice coitus interruptus during the lifetime of Allah's Messenger ﷺ while the Qur'an was being revealed." (Sahih al-Bukhari 5208)

The fact that the Companions practiced this during the Prophet's lifetime without being stopped makes it permissible.

4. Ijmaa as-Sukuti (إجماع سكوتي)

When a course of action is reported to have been taken by a large number of companions (Sahabah) and none of them opposed it, it is considered to be proof in Deen.

Legal Authority: This becomes binding proof. Ibn Qudamah referred to this as "Ijma Sukuti" (silent consensus).

Example: Permissibility of Wiping Over Socks

Permissibility of wiping over Jawrabayn (socks) not Khuffayn (leather socks which is established by Hadith) is reported from 13 Sahabah with no opposition.

They are: 1) Ali 2) Ammar 3) Ibn Masood 4) Anas 5) Ibn Umar 6) al-Baraa 7) Bilal 8) Ibn Abee Awfa 9) Sahl bin Saad 10) Abu Umamah 11) Saad bin Abee Waqqas 12) Amr bin Huraith 13) Umar.

(Al-Muhallah 1/324, Al-Awsat 1/462, Al-Mughni 1/215 and Tahdheebal-Sunan 1/187). Scholars have mentioned Ijma based on this. Al-Mughni 1/215

While there are direct authentic Ahadith about wiping over leather socks (Khuffayn), there is no specific authentic hadith about cotton socks. However, this practice is established through the silent consensus of the Companions.

5. Sahabah's Ijtihad Known to Other Sahabah

When few companions of the Prophet ﷺ make a statement or take an action based on their own legal reasoning (Ijtihad), not going against Nusoos (Quran and Hadith) and no opposition is reported.

Legal Authority: This can be considered as evidence within Islamic Fiqh. This is acceptable according to majority of the scholars. (Majmoo al-Fatawaa 14/20)

However, there is scholarly disagreement on this category. Scholars of Zahiriya like Ibn Hazm and one view of Imam Shafi'i said this is not evidence. But according to the majority of the scholars, including another view of Imam Shafi'i, this is acceptable.

Example: Pregnant and Breastfeeding Women Missing Fasts

From Maalik: from Naafi': from Ibn 'Umar: That he was asked about a pregnant woman who feared for her child, so he said: "She should refrain from fasting and she should feed a mudd of wheat to a poor person in place of every day." (Sunan al-Kubra of al-Bayhaqi 4/230, Sahih)

Ibn 'Abbaas saw a slave-girl of his, pregnant or breast-feeding, so he said: "You are one of those who are unable, upon you is recompense and there is no atonement (qadaa) due upon you." (Sunan al-Daraqutni 1/207, Sahih)

Both Ibn Umar and Ibn Abbas رضي الله عنهما gave fatwa that pregnant or breastfeeding women need not make up missed fasts but can feed a poor person instead. No opposition from other Companions is reported on this matter.

(Refer to book: Fasting in Ramadan by Shaykh Salim Al-Hilali & Ali Al-Halabi)

6. Sahabi's Lone Ijtihad NOT Known to Other Sahabah

When a companion of the Prophet (Sahabi) makes a statement or takes an action based on their own legal reasoning (Ijtihad), not going against Nusoos (Quran and Hadith) and this is NOT known to other companions (Sahabah).

Legal Authority: In absence of any Nusoos (Quran and Hadith), even though it is not binding proof, this is to be given preference over Ijtihad of later ones as Sahabah witnessed revelation (Wahy).

Reasoning: The Ijtihad of Sahabah is preferred over the Ijtihad of later scholars because the Companions were present when the Wahy was being revealed. They had direct access to the Prophet's ﷺ explanations and witnessed the context of revelations.

Ahmad ibn Hanbal رحمه الله was asked: "You have mawqoof narration (authentic statement of Sahabi) and you have mursal narration (weak hadith ascribed to the Prophet by a Tabi'), which one would you prefer?" He said: "I will prefer mawqoof" - showing the preference for authentic Companion statements over weak prophetic attributions. (Ibn Haani in his Masail Ahmad (2/165))

7. Different Opinions Among Sahabah in One Issue

When Sahabah differ on an issue based on their own legal reasoning (Ijtihad), in this case statement of one of them is not proof. Rather, jurist will come to conclusion after weighing their statements in the light of Quran and Sunnah. (Refer to Majmoo al-Fatawaa 14/20)

Legal Authority: This is NOT evidence. There is no ikhtilaf (disagreement) among scholars on this point.

When Companions themselves have different opinions on a matter, a faqih (jurist) must refer back to the Quran and Sunnah to determine which position is stronger. As Ibn Taymiyyah stated, when Sahabah differ, it is not a binding proof.

Why Companions' Statements Hold Special Weight

The Companions occupy a unique position in Islamic Fiqh for several reasons:

1. Direct Access to the Prophet ﷺ: They learned Islam directly from its source
2. Witnessed Revelation: They were present when the Quran was being revealed and understood its context
3. Arabic Proficiency: They understood the Quran in their native language without translation issues
4. Purity of Understanding: Their understanding was not influenced by later philosophical or cultural developments

This is why even their Ijtihad (when not contradicted by other Companions) is given preference over the reasoning of later scholars.

Conclusion

Qawl as-Sahabi showcases an important principle in Islam: even the statements of the most honored people - the Companions who lived with the Prophet ﷺ - are only accepted as binding proof when they align with what came from the Prophet ﷺ or when they clearly could not have come from their own opinion.

This is fundamentally different from how previous religious communities treated their religious leaders. Unlike the rabbis and priests who were able to change and manipulate scriptures, Islam established that no person, regardless of their status, can create binding religious law on their own. Even the beloved Companions' words are carefully evaluated - they become proof only when they trace back to the Prophet ﷺ or when multiple Companions agree without opposition.

When Companions disagree among themselves, we return to the Quran and Sunnah to find the answer. This shows how Islam protects its sources from human alteration and ensures that religious authority remains with Allah and His Messenger ﷺ alone.

This methodology preserves the purity of Islamic teachings while honoring those who learned directly from the Prophet ﷺ, ensuring that even their elevated status cannot override the fundamental principle that all religious rulings must ultimately trace back to Quran and Hadith.

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

ArriqaaqArriqaaq

In our study of Usool al-Fiqh, we explored the various sources of Islamic rulings. We have covered Quran, Sunnah, and Ijma as the primary sources, and examined various forms of Ijtihad including Qiyas (analogical reasoning), Istihsan (juristic preference), Amal Ahlul Madina (practice of the people of Madinah), Istishab (presumption of continuity), and Istislah (or Masalih Mursalah (unspecified public interests)). Today, we turn our attention to another significant methodology of Ijtihad: سد الذرائع (Sadd al-Dhara'i).

This principle involves blocking pathways that could lead to Haram before the prohibited act occurs. Though the concept appears simple, it has different use cases and scholars have varying views on its use as evidence in Fiqh.

What is Sadd al-Dhara'i?

Linguistic Meaning

Linguistically, "سد" (Sadd) means "blocking" or creating a barrier. The term comes from the Arabic root س-د-د, conveying obstruction or preventing passage through something.

Ad-Dhara'i ("الذرائع") is the plural of "ذريعة" (Dhariah), which means "means to an end" - the pathways, methods, or approaches through which one reaches a particular destination or outcome.

Therefore, سد الذرائع (Sadd al-Dhara'i) literally means "blocking the means" - preventing the pathways that could lead to undesirable consequences.

Technical Definition

In its technical or Shari'i sense, سد الذرائع (Sadd al-Dhara'i) refers to the prevention of permissible actions that may lead to harm or evil.

Essentially, this means you prevent something which is permissible in itself because you know this permissible action may lead to something evil or harmful. So you block the means to stop the harmful outcome from occurring.

Understanding the Different Types

To properly understand how Sadd al-Dhara'i works in practice, we must examine its various categories. Scholars have classified this principle based on both the nature of the action and the likelihood of harmful outcomes.

The First Classification: Based on the Nature of the Action

Type 1: When a Permissible Action Leads to a Prohibited Outcome
This involves an action that is permissible by Shariah but is expected to result in something that is prohibited (Haram).

Example 1: Selling Grapes to a Winemaker Selling grapes is inherently permissible in Islam - there is nothing wrong with this transaction in itself. However, when you sell grapes specifically to a winemaker, the end result will almost certainly be the production of wine, which is forbidden. While the act of selling remains permissible, the known outcome makes this transaction problematic.

Example 2: Leasing Property for Unlawful Activities Leasing property is a legitimate business transaction that Islam permits. However, if you lease your property to someone who will use it for gambling or prostitution, the outcome becomes Haram even though the leasing contract itself is valid.

Type 2: When Lawful Means Are Used for Unlawful Objectives
This is more subtle. Here, you have a lawful means that typically results in lawful outcomes, but it is deliberately used to achieve an unlawful objective.

Example: Nikah Halala This refers to marrying a woman with the predetermined plan to divorce her, thereby facilitating her remarriage with her former husband. Let's understand this better:

So if a husband divorces his wife ˹three times˺, then it is not lawful for him to remarry her until after she has married another man and then is divorced. Then it is permissible for them to reunite, as long as they feel they are able to maintain the limits of Allah. These are the limits set by Allah, which He makes clear for people of knowledge. Quran 2:230

• The Shariah law: After irrevocable divorce (three times in separate occasions), remarriage to the original husband is only allowed after the woman naturally marries and divorces someone else.
• The purpose: To make divorce serious and protect women from abuse through repeated divorce/remarriage cycles
• The circumvention: Arranging a fake temporary marriage just to get around this law

Now let's break this down as per the principle of Sadd al-Dhara'i:

• Lawful means: Marriage (Nikah) - perfectly legitimate
• Lawful outcome: A valid marriage contract (Halal Nikah)
• Final objective: Haram - To divorce her later so that she can remarry former husband

Although both the marriage and divorce are individually permissible acts, the predetermined intention to manipulate these laws for an ulterior motive makes the entire arrangement prohibited.

The Second Classification: Based on Probability of Harm

Type 1: Actions That Certainly Lead to Evil These are means that unequivocally lead to prohibited outcomes, like Nikah Halala, which inevitably involves deception and manipulation of Shariah.

Type 2: Actions Highly Likely to Cause Harm These are means that are highly likely to result in harm and seldom result in benefit. Selling grapes to a winemaker falls here, while theoretically the grapes could be used for other purposes, the probability is extremely high that they will be used for wine production.

Type 3: Actions That Sometimes Lead to Harm These are means that frequently lead to harm, but there is no certainty or dominant probability. Some scholars even add a subcategory where the probability of harm is minimal, thus permitting the action. For example, while men should generally not stare at women, if a man has proposed to a woman and they are engaged, he may look at her (even if she doesn't notice) to increase love before marriage. This is permitted by some scholars because there's less chance this will lead to any harm, given the legitimate purpose and the fact that they will soon be married.

The Scholarly Debate: Is This Valid Evidence?

An important question that scholars have discussed is whether Sadd al-Dhara'i constitutes valid evidence (Hujjiyah) for making legal Islamic rulings. This has led to different scholarly positions.

Where Everyone Agrees

When the Quran or Sunnah Explicitly Prohibits It If a matter falling under Sadd al-Dhara'i is explicitly prohibited in the Quran or Sunnah, there is unanimous agreement among scholars. Everyone accepts this as valid proof.

Example 1: Nikah Halala Though this fits perfectly under Sadd al-Dhara'i, it's also explicitly condemned. The Prophet ﷺ said: "Curse be upon the one who marries a divorced woman with the intention of making her lawful for her former husband and upon the one for whom she is made lawful." (Sunan Abu Dawood 2076, with authentic chain of narration)

Example 2: Khalwah - Unlawful Seclusion The Prophet ﷺ said: "No man should stay with a lady in seclusion (Khalwah) except in the presence of her Mahram." (Sahih al-Bukhari 5233) This prohibition prevents situations that could lead to wrongdoing.

Where Scholars Disagree

When It's Not Explicitly Mentioned in the Texts If a practice is not explicitly prohibited in the Quran or Sunnah, but applying Sadd al-Dhara'i would lead to its prohibition, then there is significant disagreement.

The Position of Imam al-Shafi'i and the Dhahiri scholars (like Ibn Hazm), and scholars of Hadith do not consider Sadd al-Dhara'i as inherently evidential for matters not explicitly mentioned in divine texts.

Their reasoning is straightforward: How can you say something is Haram when Allah and His Messenger ﷺ did not explicitly say it's forbidden? They point out that the religion is complete, if Allah wanted something to be prohibited, He would have made it clear. Since Allah is the only one who can make laws, people can't just decide things are forbidden based on what they think might happen.

Instead, they classify such matters as مشتبهات (Mushtabihaat) - doubtful matters that one should avoid to protect one's deen and honor, but not declare explicitly Haram based solely on Sadd al-Dhara'i. They still agree that such things are doubtful and should be avoided.

The Position of Other scholars is that they see it differently. They say that the principle of Sadd al-Dhara'i appears throughout the Quran and Sunnah in many different examples. So this principle itself comes from Quran and Sunnah. Based on that, they can say something is Haram using this principle, even if that specific thing isn't directly mentioned in the Quran and Sunnah. You'll be able to understand this better in the next section.

Textual Evidence from Islamic Texts

Despite the scholarly debate about its independent authority, the underlying principle of Sadd al-Dhara'i finds support in Islamic sources.

From the Quran

Proof 1: The Prohibition Against Insulting False Gods

Allah says: "O believers! Do not insult what they invoke besides Allah or they will insult Allah spitefully out of ignorance." (Quran 6:108)

This verse is a perfect example of Sadd al-Dhara'i. You might think insulting false gods is justified, but Allah prohibits it because He knows it will lead to something worse - people will insult Allah back out of anger and ignorance.

Proof 2: The Command About Zina Allah says: "Do not even go close to Zina**."** (Quran 17:32)

Notice the wording - Allah doesn't just say "don't commit adultery." He says "don't even go close to it." This demonstrates the principle of blocking pathways to sin, not just the sin itself.

From the Sunnah

The Famous Hadith About Doubtful Matters

The Prophet ﷺ said: "Both legal and illegal things are obvious, and in between them are (suspicious) doubtful matters. So whoever forsakes those doubtful things lest he may commit a sin, will definitely avoid what is clearly illegal; and whoever indulges in these (suspicious) doubtful things bravely, is likely to commit what is clearly illegal. Sins are Allah's Hima (i.e. private pasture) and whoever pastures (his sheep) near it, is likely to get in it at any moment." (Sahih al-Bukhari 2051)

This hadith is cited even by scholars who don't consider Sadd al-Dhara'i inherently evidential. Scholars accept this hadith and use it to support their view that people should avoid doubtful matters. The Prophet ﷺ uses the analogy of a shepherd, just as a wise shepherd keeps his flock away from the edges of private pasture to prevent accidental trespassing, a believer should avoid actions that might lead to sin.

Real-World Applications Today

Sadd al-Dhara'i applies to various contemporary situations where Muslims need to evaluate actions that might lead to haram outcomes.

Example 1: Gambling Islam prohibits gambling due to its harmful effects on individuals and society. The principle of Sadd al-Dhara'i extends this prohibition to activities that may lead to gambling, such as organizing events where gambling is likely to occur, facilitating online gambling platforms, or promoting gambling-related products.

Example 2: Interest (Riba) Charging or paying interest on loans is prohibited in Islam. Sadd al-Dhara'i prohibits engaging in transactions or contracts that may lead to interest, such as entering into agreements with ambiguous terms that could potentially result in interest payments.

Example 3: Deceit and Fraud Islam prohibits deceit and fraud in business transactions and interpersonal dealings. The principle of Sadd al-Dhara'i extends this prohibition to actions that may lead to fraud, such as using misleading advertising practices or engaging in deceptive business practices that could develop into outright fraud.

The Connection to Maqasid al-Shari'ah

Understanding Sadd al-Dhara'i becomes clearer when we see how it serves to protect the fundamental objectives (Maqasid) of Islamic law: preserving Religion (Deen), Life (Nafs), Intellect (Aql), Lineage (Nasab), and Wealth (Maal).

By blocking the means to harm, this principle helps safeguard these objectives before violations occur.

Conclusion

Sadd al-Dhara'i is a useful principle in Fiqh where it prevents Halal actions that could lead to Haram outcomes. Scholars have different views on whether this can be used as evidence (Hujjah) for things not directly mentioned in the Quran and Sunnah, but they agree when these matters are explicitly addressed in the texts.

In our next article, we will examine Qawl as-Sahabi (the sayings of the Companions).

📕 About the book:

Raf'u Al-Malam 'An Al-A'immah Al-A'lam (Exonerating the Great Imams from Blame) is a remarkable work authored by Sheikh al-Islam Ibn Taymiyyah. It serves the purpose of dispelling any negative perceptions that people may hold about scholars while also shedding light on the factors that have contributed to their disagreements and variances on various Islamic matters, including Fiqh. 

Ultimately, its objective is to instil a deep sense of love and respect for these scholars in our hearts, recognising their invaluable service to the Ummah.

📖 What you will learn:

• A comprehensive study of Shaykh Ibn Taimiyah's book "Raf Al-Malam An Aimmaril Alam"
• How to understand the reasoning behind scholarly rulings that may seem puzzling at first
• The wisdom and context behind why great scholars gave the rulings they did
• Discussion on Usool Al-Hadeeth
• How to approach differences of opinion among scholars with wisdom and respect
• Giving scholars the benefit of the doubt and seeking understanding before criticism

🖊️ Who is this course for?

• Sisters seeking to deepen their understanding of Islamic scholarship
• Anyone looking to build bridges of understanding within the Muslim community
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• Non-Muslim ladies interested in learning about Islamic scholarly methodology are also welcome

🎓 About the Teacher

Ustadha Umm Muawiyah has sought knowledge for 21 years in the UAE, first in English and then in Arabic. Her teachers include Shaikh Azeez Farhan, Shaikh Saad Ash Shaal, Shaikh Ghazi Salem, Shaykh Anees al-Musabi, Shaikh Khalid Ismail, Shaikh Abdullah Al Kamali and Shaikh Umar Saad, all of whom are known as people of knowledge in the UAE.

She has memorised the Quran and has also taught Islamic courses before. She has written articles on her Islamic blogs for many years. She also writes about places to visit in the UAE at her other website. Please visit her beneficial website to find out more.

https://www.albidaayah.com/

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• From 28th June to 16th August

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• From 29th June to 17th August

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Please note that ONLY women are allowed to join. You can fill this form to get admitted to the course for free.

Registration form (Ruqyah course / Raf Al-Malam)

Assalamu Alaikum Sister. Welcome to Arriqaaq short courses. If you do not have a telegram account yet, please create one first and then come back to this form. The courses is delivered through Telegram and Zoom so you need to download both of them. If you do not have Telegram, we have a Whatsapp group as well. Please note that you are not permitted to use the Telegram, Whatsapp or Zoom account on a male relative’s phone as the Telegram channel for this course is for women only and men should not have access to it. THE TELEGRAM CHANNEL LINK WILL BE SHOWN AFTER YOU HAVE CLICKED THE SUBMIT BUTTON. Please click on the link to open the channel and then press “Join”. PLEASE DO NOT REGISTER MORE THAN ONCE, EVEN IF YOU FORGOT TO CLICK ON THE TELEGRAM CHANNEL LINK. We will be sending out emails the night before the courses start, with the Telegram, Whatsapp and zoom links so please make sure your email address is correct. Please note that these courses do not have recordings!! Everything is live so please do not request recordings.

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📋 What You Need to Know

• This course is completely FREE - our gift to you
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• How to recognize if you may be experiencing effects of magic, jinn possession, evil eye, or envy
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• Various beneficial Islamic remedies including cupping therapy
• How to navigate trials and depression with Islamic guidance and wisdom
• When to seek spiritual remedies versus when to seek medical support

🖊️ Who is this course for?

• All sisters seeking to learn about Islamic healing
• Sisters who want to protect themselves and their families
• Those curious about prophetic medicine and natural remedies
• Non Muslims ladies can also join

🎓 About the Teacher

Ustadha Umm Muawiyah has sought knowledge for 21 years in the UAE, first in English and then in Arabic. Her teachers include Shaikh Azeez Farhan, Shaikh Saad Ash Shaal, Shaikh Ghazi Salem, Shaykh Anees al-Musabi, Shaikh Khalid Ismail, Shaikh Abdullah Al Kamali and Shaikh Umar Saad, all of whom are known as people of knowledge in the UAE.

She has memorised the Quran and has also taught Islamic courses before. She has written articles on her Islamic blogs for many years. She also writes about places to visit in the UAE at her other website. Please visit her beneficial website to find out more.

https://www.albidaayah.com/

⏱️ Time

Starting 27 June, once a week on Friday (Batch 1) and Saturday (Batch 2)

Batch 1:

• Every Friday 9:00 - 10:30 pm (UAE Time)
• From 27th June to 22nd August

Batch 2:

• Every Saturday 9:30 - 11:00 am (UAE Time)
• From 28th June to 23rd August

✋ How To Join

Please note that ONLY women are allowed to join. You can fill this form to get admitted to the course for free.

Registration form (Ruqyah course / Raf Al-Malam)

Assalamu Alaikum Sister. Welcome to Arriqaaq short courses. If you do not have a telegram account yet, please create one first and then come back to this form. The courses is delivered through Telegram and Zoom so you need to download both of them. If you do not have Telegram, we have a Whatsapp group as well. Please note that you are not permitted to use the Telegram, Whatsapp or Zoom account on a male relative’s phone as the Telegram channel for this course is for women only and men should not have access to it. THE TELEGRAM CHANNEL LINK WILL BE SHOWN AFTER YOU HAVE CLICKED THE SUBMIT BUTTON. Please click on the link to open the channel and then press “Join”. PLEASE DO NOT REGISTER MORE THAN ONCE, EVEN IF YOU FORGOT TO CLICK ON THE TELEGRAM CHANNEL LINK. We will be sending out emails the night before the courses start, with the Telegram, Whatsapp and zoom links so please make sure your email address is correct. Please note that these courses do not have recordings!! Everything is live so please do not request recordings.

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📋 Prerequisites

• This is a FREE course
• Classes are delivered through Telegram and Zoom
• No recordings are available - we encourage live participation for the best learning experience
• Please have headphones, earphones, or earbuds ready for clear audio
• To receive course materials and your certificate, we ask that you attend regularly and participate in our weekly knowledge checks
• You're welcome to listen in and learn at your own pace

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Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

ArriqaaqArriqaaq

In our previous articles, we explored the various sources of Islamic rulings. We have covered Quran, Sunnah, and Ijma as the primary sources, and examined Amal Ahlul Madina, Qiyas, Istihsan, and Istishab as forms of Ijtihad. Building on this understanding, we now turn our attention to another important type of Ijtihaad: الاستصلاح (Istislah - consideration of public interest).

Before we can properly understand and appreciate the wisdom behind this important principle, we must take a step back and thoroughly examine the important objectives that Allah has established as the foundation of all Islamic shariah (law) rulings.

Maqasid As-Shari'ah: The Objectives of Islamic Law

Every legal system has objectives, and the Shari'ah of Allah is based on complete wisdom. The Maqasid Al-Shari'ah (مقاصد الشريعة) represents the wisdom Allah has placed within Islamic legislation. These objectives form the foundation of all Islamic rulings.

What sets Islamic law apart from other legal systems is its unified approach to human affairs. While many secular systems draw a line between the spiritual and the worldly, the Shari’ah brings them together. It doesn’t separate faith from daily living, nor does it value one over the other. Instead, it recognizes that every part of human life — spiritual, moral, social, and material — is interconnected. Allah's wisdom encompasses the totality of human life, providing guidance that ensures both worldly well-being and success in the hereafter.

1. Preservation of Religion (Deen) حفظ الدين

At the pinnacle stands the protection of faith. This is why we have prayers, fasting, and other acts of worship which nurture the soul, while prohibitions against apostasy and blasphemy guard against spiritual corruption.

2. Preservation of Life (Nafs) حفظ النفس

The Quran states:

*"..*if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land - it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind. " (Quran 5:32)

Human life is sacred in Islam. Thus, the Sharīʿah forbids murder, mandates justice, regulates warfare, and even upholds modern safety protocols—each command safeguarding the sanctity of life.

3. Preservation of Intellect (Aql) حفظ العقل

The human mind, a divine trust, must be protected. This is why intoxicants are forbidden - they impair reasoning, while at the same time making the pursuit of knowledge a religious obligation. The prohibition of alcohol and the exaltation of learning both serve to elevate and preserve the intellect.

Allah says in the Quran:

"O you who have believed, indeed, intoxicants, gambling, [sacrificing on] stone altars, and divining arrows are but defilement from the work of Satan, so avoid (strictly all) that (abomination) in order that you may be successful*."* (Quran 5:90)

4. Preservation of Lineage (Nasab) حفظ النسب

Family structure and genealogical integrity are protected through marriage laws and the prohibition of adultery. The Quran states:

And come not near to unlawful sex. Verily, it is a Fâhishah (i.e. anything that transgresses its limits: a great sin), and an evil way (that leads one to Hell unless Allâh forgives him) (17:32)

The strict punishments for adultery and the detailed inheritance laws all serve to maintain clear family relationships and protect children's rights to know their parentage and families remain honorable and cohesive. The prescribed punishments for adultery, the laws of marriage, and inheritance regulations all safeguard this objective.

5. Preservation of Wealth (Maal) حفظ المال

Property is a right protected through legislation. The prohibition of theft, detailed trade and contract laws, and the forbiddance of unjust financial practices, like riba (usury), all work together to ensure fair economic dealings and protect people's wealth from unjust acquisition.

"Verily! Your blood, property and honor are sacred to one another (i.e. Muslims) like the sanctity of this day of yours, in this month of yours and in this city of yours. It is incumbent upon those who are present to inform those who are absent because those who are absent might comprehend (what I have said) better than the present audience." [Bukhari: 67]

What is Masalih Al-Mursalah?

With our understanding of the objectives of Islamic law, we can now appreciate the concept of Masalih Al-Mursalah.

Linguistic Meaning

The word مصلحة (maslaha) - singular of مصالح (masalih) - comes from the Arabic root صلح, meaning something beneficial that serves as a cause, opportunity, or objective leading to benefit or interest, particularly public interest. Even the removal of harm qualifies as a مصلحة, for benefit and harm stand as opposites that cannot coexist. The word مرسلة (mursalah) means unrestricted, general, or مطلق (mutlaq).

Technical Definition

In a technical or Shari'i sense, Masalih Al-Mursalah refers to the intended benefit by the Lawgiver (Allah) for humans to protect the Maqasid Al-Shari'ah (Religion, life, intellect, lineage, and property)

Anything that ensures the protection of these five essentials is considered maslaha (beneficial), while anything that threatens them is deemed mafsadah (harmful).

Note: "Mafsadah" (مفسدة) is used in Fiqh to refer to harm, corruption, evil, or something that causes damage—whether physically, morally, socially, or spiritually. It’s the opposite of "maslahah" (مصلحة), which means benefit, welfare, or good.

Types of Masalih

To understand Masalih Al-Mursalah properly, we must first recognize the broader categories of benefits in Islamic law. This classification helps us distinguish between different types of benefits and understand why some are accepted while others are rejected:

1. Masalih Mu'tabarah (Recognized Benefits)

These are benefits explicitly recognized by the Quran and Sunnah. When Allah or His Messenger ﷺ specifically identifies something as beneficial, there's no debate about its validity.

Consider the prohibition of alcohol. The Quran explicitly states: "O you who believe! Intoxicants, gambling, stone altars, and divining arrows are abominations of Satan's handiwork. So avoid them, that you may be successful." This prohibition protects the intellect, and the benefit is directly derived from the textual sources.

Similarly, the punishment for adultery protects lineage. The Quran prescribes specific punishments, making this a recognized benefit established through divine text.

2. Masalih Mulghat (Rejected Benefits)

These are benefits that the Quran and Sunnah explicitly reject, even if they appear beneficial to human reasoning. This category teaches us that Allah's knowledge encompasses what we cannot perceive, and some apparent benefits may harbor hidden harms.

Take usury as an example. Someone might argue that interest-based loans help businesses grow and stimulate the economy. However, Allah has declared:

"Allah has permitted trade and forbidden usury" (Quran 2:275)

Despite any perceived economic benefits, usury remains prohibited because divine wisdom recognizes harms we may not see.

Another example is the argument for equal inheritance shares between men and women. While this might seem fair by modern standards, Allah has specified:

"Allah commands you regarding your children: the male receives the equivalent of the portion of two females" (Quran 4:11)

The divine distribution considers factors beyond our immediate perception.

3. Masalih Mursalah (Unspecified Benefits)

These are benefits about which the Sharia is silent - neither explicitly approving nor rejecting them. This silence isn't oversight but divine wisdom, leaving room for human reason to address new circumstances within the framework of Islamic principles.

The compilation of the Quran during Abu Bakr's caliphate provides a perfect example. When Umar suggested compiling the Quran after many memorizers died in the Battle of Yamama, Abu Bakr initially hesitated, saying, "How can I do something the Prophet ﷺ didn't do?" But after reflection, he recognized that this action would preserve the religion itself. The Prophet ﷺ hadn't compiled the Quran into a book because the need hadn't arisen during his lifetime - revelation was still descending, and he was present to clarify any confusion.

Modern examples include:

• Marriage Registration: While the Prophet ﷺ didn't require written marriage certificates, modern states implement this to protect rights and prevent disputes.
• Traffic Regulations: Speed limits, traffic lights, and driving licenses didn't exist in the Prophet's time, but they serve to protect lives today.
• Medical Screening: Testing for diseases before marriage helps prevent the spread of illness and protects public health.

Proofs from texts for Masalih Mursalah

1. Allah says in the Quran: "And strive for Allāh with the striving due to Him. He has chosen you and has not placed upon you in the religion any difficulty. [It is] the religion of your father, Abraham. He [i.e., Allāh] named you "Muslims" before [in former scriptures] and in this [revelation] that the Messenger may be a witness over you and you may be witnesses over the people. So establish prayer and give zakāh and hold fast to Allāh. He is your protector; and excellent is the protector, and excellent is the helper." (Quran 22:78)
2. Messenger of Allahﷺ  said: “There should be neither harming nor reciprocating harm.” (Hasan Hadith: Reported by Ibn Majah 2340, Ahmad, Daraqutni and others).

There are many other general evidences from Quran and Sunnah for supporting it. 

Positions of the Major Imams

Different schools of Islamic jurisprudence approach Masalih Al-Mursalah with varying degrees of acceptance:

Imam Malik

Imam Malik was so profoundly attracted to this theory that it is suggested he extensively developed it into a legal principle, as mentioned by al-Shatibi. Malik recognized a mujtahid well-versed in Shareeah and its foundations needed to be acquainted with the theory of al-masalih al-mursalah. This was essential for distinguishing between various types of benefits and having a precise understanding that any benefit conflicting with Shareeah or its intentions would be invalidated. (Al-Itisaam, 2/114).

Imam Ahmad ibn Hanbal

Imam Ahmad applied this Masalih Mursalah in the case of the one who casts doubt on the truthfulness (Adalah) of the Sahabah. Ibn al-Qayyim said that according to Imam Ahmad bin Hanbal, anyone who commits such an action should be punished by the Sultan (ruler), and the ruler should ensure they repent to Allah. If the individual repents, it's favorable, but if not, the ruler is obligated to administer the punishment again. (Alam al-Muwaqqieen 4/377). This is based on Masalih Mursalah. 

The Hanafi School

It may appear that Imam Abu Hanifa and Hanafis do not acknowledge the theory of al-masalih al-mursalah as a legislative tool in Islamic Law, as their school does not explicitly refer to it by this name. 

However, scholars of Usool ul-Fiqh states that they have applied al-masalih al-mursalah in reality, the disparity lies only in the terminology used, as the concept essentially aligns with their approach.

Imam al-Shafi'i

Its famous that Imam al-Shafi did not accept the theory of Masalih Mursalah. 

However, scholars from the Shafi'i madhab have demonstrated that the principle that al-Shafi opposed was relying solely on benefits (Masalih) that were outside the realm of common usage and acknowledgment by Allah. (Al-Mustasfa by al-Ghazali 1/310)

He worried that excessive reliance on perceived benefits could lead to following desires rather than divine guidance. However, he didn't reject the concept entirely - he simply demanded stricter conditions and closer alignment with textual evidence. If something didn't contradict the Quran or Sunnah and clearly served Sharia objectives, al-Shafi'i could accept it, though he preferred explicit textual support whenever possible.

Conditions for Valid Masalih Mursalah

Not every perceived benefit qualifies as legitimate Masalih Al-Mursalah. The scholars have established strict conditions to prevent misuse:

1. No Contradiction with Texts: Any benefit that conflicts with the Qur'an, Sunnah, or Ijma (scholarly consensus) is inadmissible. For instance, someone might argue that allowing limited interest could help poor entrepreneurs start businesses. While helping the poor is noble, this directly contradicts explicit Quranic prohibition, so it cannot be considered valid Masalih Al-Mursalah.
2. Alignment with the Maqāṣid: The benefit must preserve one of the five foundational objectives.
3. Public, Not Private Interest: The benefit must concern the community at large.
4. No Existing Ruling: It must not contradict an existing Sharīʿah command. We cannot use المصالح المرسلة to change inheritance shares or prayer times because these have specific, detailed legislation.
5. Real, Not Imaginary Benefit: Speculative or assumed benefits lack validity.

But what are these benefits and how are they classified?

Classification of Benefits

Understanding the levels of necessity helps us prioritize different types of benefits:

1. Masalih Daruriyyat (essential public interest)

These are matters people cannot live without. Their absence creates chaos and threatens survival. They directly relate to preserving the five objectives outlined before.

Example: During a famine, the state can compel wealthy individuals to share their surplus food. Hoarding food while others starve violates the objective of preserving life.

2. Masalih Haajiyyat (needed public interest)

These are the benefits which people need to avoid inconvenient conditions only. The absence of these benefits generates inconvenience but not major harms.

Example: Marriage documentation systems prevents disputes, protects rights (especially for women and children), and facilitates legal processes. Its absence creates hardship but doesn't invalidate marriages.

3. Masalih Tahsiniyyat (refining public interest)

These enhance quality of life and promote human dignity but aren't essential for survival or avoiding hardship.

Example: An Islamic country establishing world-class research universities and advanced scientific laboratories, including funding cutting-edge research in fields such as renewable energy and medical technology. These initiatives promote intellectual excellence, contribute to societal advancement, and reflect a commitment to the refinement of human life and dignity in accordance with masalih tahsiniyyat.

The Difference between Masalih Al-Mursalah and Bid'ah

Before proceeding further, we must address a crucial distinction that often causes confusion: the difference between Masalih Al-Mursalah and Bid'ah (religious innovation). This distinction is important because many well-intentioned Muslims, in their eagerness to make religion "relevant" or "easier," inadvertently fall into innovation.

Why Bid'ah is Problematic

Bid'ah represents unauthorized additions to religious worship. The Prophet ﷺ warned us:

"Whoever introduces into this affair of ours that which is not from it, it is rejected." (Sunan Ibn Majah 14)

To understand why Bid'ah is so serious, we must recognize that worship in Islam is based entirely on revelation. We worship Allah as He has commanded, not as we think best. This principle protects the purity of our religion from human alterations.

The danger of Bid'ah lies in several factors:

1. Claiming Incompleteness of Religion: Innovation implies that Islam needs additions, contradicting Allah's declaration: "Today I have perfected your religion for you" (Quran 5:3).
2. Distorting Authentic Worship: It diverts people from the Sunnah to invented practices. When people create new forms of dhikr or prayer, they often abandon the authentic supplications taught by the Prophet ﷺ.
3. Opening Doors to Deviation: Once innovation is accepted, the pure teachings become diluted with human additions. History shows how previous nations altered their religions through gradual innovations.

Similarities between Bid'ah and Masalih al-Mursalah

1. Both bidah and Masalih Mursalah pertain to matters that were not present during the time of the Prophet ﷺ.
2. Neither bidah nor Masalih mursalah typically have explicit textual evidence, as they rely on texts with general wording and meaning for validation.

Differences Between Bid'ah and Masalih Mursalah

It is important to understand what fundamentally separates the two, so that it can't be misused. This is taken from Al-Itisaam of Shatibee 2/129-135 and Qawaid fre Marifah Bidah by Muhammad Hussain Jeezani p 33-35

1. Nature of the Act

• Masalih Mursalah: Facilitates already established worship
• Bid'ah: Creates new forms of worship or adds to existing ones

Detailed Explanation:
A Bid'ah is either an addition to an existing form of worship or an entirely new form of worship. In contrast, Masalih Mursalah serves to facilitate an already established act of worship. Therefore, Bid'ah aims to introduce a specific act without legislative evidence, while Masalih Mursalah serves as a means to aid an act of worship already established by legislation.

Example: Adding Harakat to the Quran
Adding diacritical marks to the Quran is Masalih Al-Mursalah because:

• It facilitates an existing worship (correct Quran recitation)
• It doesn't change the Quranic text itself, only aids in its proper reading
• Early Muslims didn't need these marks as they were native Arabic speakers
• When non-Arabs embraced Islam, this innovation removed hardship for new Muslims

2. Reason for Historical Absence

• Masalih Mursalah: Didn't exist due to lack of need or technology
• Bid'ah: Could have been done but was deliberately avoided

Detailed Explanation:
Masalih Mursalah did not arise during the time of Prophethood either because the conditions for its occurrence were not met, or there were impediments preventing its manifestation while the Prophet ﷺ was alive. In contrast, a Bid'ah did not occur because the Prophet ﷺ intentionally avoided it, although its possibility existed and there were no hindrances to its occurrence.

Example: Collection and Reproducing Copies of Quran
The compilation and reproduction of the Quran is Masalih Al-Mursalah because:

• It preserves an existing worship (recitation and study of the Quran)
• It didn't exist during the Prophet's ﷺ lifetime as revelation was ongoing
• The need emerged after the Prophet's ﷺ passing as Islam spread
• It supports the Sharia objective of preserving religion for future generations

3. Impact on Worshiper

• Masalih Mursalah: Removes hardship and facilitates ease
• Bid'ah: Often adds unnecessary burdens

Detailed Explanation:
Another distinction is that bid'ah typically imposes an additional burden on the worshipper and may result in overly strict practices, whereas Masalih Mursalah tends to alleviate burdens and shield people from hardship, or it safeguards something significant to them.

Example: Air Conditioning in Mosques
Installing air conditioning in mosques is Masalih Al-Mursalah because:

• It facilitates existing worship (prayer) without changing its nature
• It removes hardship by helping worshippers focus on prayer rather than heat
• The technology didn't exist during the Prophet's ﷺ time
• This contrasts with someone who invents specific prayer units for a made-up prayer, burdening themselves and others with non-prescribed worship

4. Intention/Purpose

• Bid'ah: Pursued for its own sake as a goal to draw closer to Allah
• Masalih Mursalah: Serves as a means to achieve specific objectives

Detailed Explanation:
Another distinction lies in the intentions behind bid'ah and Masalih Mursalah. Bid'ah is pursued for its own sake by its practitioners (in and itself as a goal), typically with the aim of drawing closer to Allah. In contrast, Masalih Mursalah serves as a means to achieve specific objectives and is not pursued for its inherent value. Therefore, it falls under the category of means, as it is only prescribed as a method of attaining some of the objectives of Shariah.

Example: Collective Supplication After Obligatory Prayer
Making collective supplication after every obligatory prayer is Bid'ah because:

• It adds a new, expected element to established prayer ritual
• The Prophet ﷺ could have instituted this practice but deliberately didn't
• It's pursued as an end in itself to draw closer to Allah
• It creates an impression that this addition is part of the obligatory prayer

5. Alignment with Sharia Objectives

• Masalih Mursalah: Supports the objectives of Sharia
• Bid'ah: Contradicts the objectives of Sharia by diverting people

Detailed Explanation:
Bid'ah fundamentally contradicts the objectives of Shareeah by diverting people from adherence to it, whereas Masalih mursalah aligns with and falls within the objectives of Shareeah, particularly in preserving the five essentials (religion, life, intellect, lineage, and wealth).

Example: Uthman رضي الله عنه Standardization of Quran Copies
Uthman's رضي الله عنه standardization and distribution of Quran copies is Masalih Al-Mursalah because:

• It serves the objective of preserving religion
• It maintains the authenticity of the revealed text across expanding Muslim territories
• It addresses a need that emerged after the Prophet's ﷺ time as Islam spread
• It contrasts with creating new forms of dhikr with specific numbers and formulas, which would be Bid'ah as they divert people from prophetic guidance

6. Rational Comprehensibility

• Masalih Mursalah: Has a rationally comprehensible basis and benefit
• Bid'ah: Relates to aspects of worship that are not rationally comprehensible

Detailed Explanation: Masalih mursalah is characterized by a rationally comprehensible meaning, unlike the aspects of worship associated with Bid'ah. The point being made here is that matters of worship are not comprehensible through reason, and rational explanations cannot be provided for why there are five prayers, why they occur at specific times, or why relieving oneself invalidates wudhu and necessitates washing hands, face, arms, and feet despite not being in contact with impurities. However, if any impure thing touches his body, it does not invalidate his wudhu; he simply needs to remove the impurity. Conversely, Masalih Mursalah pertains to the acquisition or preservation of benefit or the prevention of harm, thereby possessing a rational basis that can be understood.

Example: Establishing Islamic Educational Institutions Creating Islamic schools and universities is Masalih Al-Mursalah because:

• It has a clear rational benefit of preserving and transmitting Islamic knowledge
• The purpose and benefit can be logically understood and explained
• It serves the objective of protecting religion through education
• This contrasts with creating new specific prayer formulas with certain numbers of repetitions, which would be Bid'ah as their specific forms cannot be rationally justified beyond the established Sunnah

Understanding statements of Imam Ash-Shafi and Shafi scholars like Imam Nawawi, Izz bin Abdus Salaam 

Imam al-Shafi'i made a famous statement that some misinterpret: "Newly-invented matters fall into two categories: The first type is that which contradicts the Quran, the Sunnah, a narration, or consensus. This type constitutes misguided innovation. The second type is that which introduces goodness and does not oppose any of these sources (Quran, Sunnah, narration, consensus). This type of newly-invented matter is not blameworthy:. Al-Bayhaqi in Manaqib al-Shafi (1/469).

Similar statements has been reported from later Shafi scholars like Nawawi, Izz bin Abdus Salaam etc. What do they mean?

When Imam al-Shafi'i spoke of "praiseworthy innovation," he used the term in its linguistic sense (something new), not its technical sense (religious innovation).

Ibn Hajar explained in Fath al-Bari (13/278) that this linguistic usage often refers to matters falling under Masalih Al-Mursalah. Hafidh Ibn Hajar says: Regarding innovations, the term refers to the plural of innovation and encompasses anything without prior precedent. Linguistically, it encompasses both praiseworthy and blameworthy aspects. However, in the context of scholars, it specifically denotes what is blameworthy. If it is applied to something praiseworthy, then it is interpreted according to its linguistic meaning.

Ahmad bin Hajar Aal Butami, a Shafii’i scholar, elaborates on Imam al-Shafi'i's statement in his book Tahdhir al-Muslimin anil-Ibtidaa' wal-Bida' fil-Din (p. 114):

Imam al-Shafi'i states, "Innovation (Bidah) can be categorized into two types: praiseworthy and blameworthy. Innovations that align with the Sunnah are considered praiseworthy, while those that contradict it are deemed blameworthy." The notion of "praiseworthy innovation" refers to beneficial developments in worldly matters, such as the creation of radios, electricity, airplanes, cars, and telephones, all of which are useful inventions. These innovations are not inherently harmful and do not lead to any negative consequences for people, nor do they result in engaging in prohibited actions or undermining the fundamental principles of the religion. Allah, the Exalted, has permitted His servants to create whatever they deem necessary for their worldly welfare, as evidenced by His verse (وَافْعَلُوا الْخَيْرَ لَعَلَّكُمْ تُفْلِحُونَ), "And work good that you may be successful" (2:77).

Practical Applications of Masalih Mursalah

Example 1: In today's era, the prevalence of car usage necessitates the organization of roads, highways, and the establishment of laws for safe driving. Consequently, we observe the implementation of road signs, speed limits tailored to different types of roads, regulations ensuring vehicle safety standards, and driving tests to assess competency and minimize risks to oneself and others. This is based on Masalih Mursalah which is Masalih Daruriyyat (essential public interest) as it is meant to protect life.

Example 2: In economics, Masalih Mursalah can be applied to justify certain regulations aimed at promoting economic growth and stability. For example, regulations on monopolies can be justified based on their perceived benefits to society. Or taxing affluent citizens when the government's treasury is depleted until situation is stable.

Example 3: Masalih Mursalah is often invoked in matters of social justice, such as ensuring equitable distribution of resources, protecting vulnerable groups, and promoting human rights. For example, famous Tabiee Umar bin Abdul Azeez, also known as Umar II, was known for his efforts to improve the welfare of travelers. He implemented various measures to facilitate the ease of travel, which included establishing hostels or shelters along travel routes.

Conclusion

Masalih Al-Mursalah represents Islam's dynamic approach to addressing new challenges using the principles from Quran and Sunnah. It operates within the framework of Maqasid Al-Shari'ah, ensuring that solutions to emerging problems align with the fundamental objectives of preserving religion, life, intellect, lineage, and wealth. In the next article, we will look into what Sad az Zaraai inshaAllah

A canvas stays blank until the brush dares to paint.

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

ArriqaaqArriqaaq

In our previous articles, we explored the various sources of Islamic rulings. We have covered Quran, Sunnah, and Ijma as the primary sources, and examined Qiyas, Istihsan, and Amal Ahlul Madina as forms of Ijtihad. Building on this understanding, we now turn our attention to another important type of Ijtihaad: الاستصحاب (Istishaab - presumption of continuity).

Before we continue, here is a simple diagram to remind you of the different categories of ijtihad.

Defining الاستصحاب (Istishaab)

Linguistic Meaning (المعنى اللغوي)

The word Istishaab (الاستصحاب) is derived from the Arabic root "صحب" (sa-ha-ba), which refers to companionship, association, or accompaniment. Linguistically, Istishaab means the act of having a close relationship or companionship with someone. (Qamoos al-Muheet 1/91)

Technical or Legal Definition (المعنى الاصطلاحي)

In the technical or Shari'i sense, Istishaab refers to:

• Continuing to affirm what has been established
• Continuing to negate what does not exist
• Upholding the default position (or Asl position)

(This is stated by Ibn Qayyim in his book Alam al-Muwaqqieen (1/294))

In simpler terms, Istishaab is maintaining the status quo. It means to operate on the assumption that a situation that existed in the past continues to exist in the present until there is evidence to prove otherwise.

Example to Understand Istishaab:

To better understand this concept, consider this example: A man marries a woman who was not previously married. After marriage, he alleges that she was not a virgin before their marriage but has no evidence to support his claim. When this dispute is presented to a judge, how should it be resolved?

Applying Istishaab, the judge would reason as follows:

• The default or original state (Asl) of an unmarried woman is virginity
• This original state is presumed to continue unless there is evidence to the contrary
• Since the husband provides no evidence to support his claim, the original state is maintained
• The ruling would therefore reject the husband's unsubstantiated claim

This example shows how Istishaab works: we presume the continuation of a previously established state (virginity) until there is definitive evidence to prove otherwise.

Principles Derived from Istishaab

There are several important legal maxims and principles in Fiqh (Qawaid al fiqhiyyah) which are derived from or related to the concept of Istishaab:

1. "Certainty is not removed by doubt" (اليقين لا يزول بالشك)

This fundamental principle stipulates that what is established with certainty cannot be overturned by mere doubt or speculation.

Evidence: The hadith reported in Sahih al-Bukhari (137) where Abbad ibn Tamim narrated that his uncle asked Allah's Messenger (ﷺ) about a person who imagined to have passed wind during the prayer. The Prophet (ﷺ) replied:

"He should not leave his prayer unless he hears a sound or smells something."

This hadith establishes that the original state of wudu (ritual purity) remains in effect despite doubts, as certainty (having wudu) is not removed by uncertainty (suspicion of having passed wind).

Scholars note that this principle is applicable in virtually every chapter of Islamic Fiqh.

Practical Applications:

1. Doubt During Prayer: A person performing prayer doubts whether they have completed three or four rak'ahs (units of prayer). Based on this principle, they should proceed with what they are certain of – that they have completed at least three rak'ahs. The fourth rak'ah is in doubt, so they should complete one more rak'ah and then perform two prostrations of forgetfulness (sujood al-sahw).
2. Doubt About Impurity on Clothes After Leaving Home: If someone wears clean clothes in the morning and later doubts whether impurity touched them during the day, they should assume the clothes are still pure. Certainty about the initial purity outweighs any later doubt, so prayer in those clothes remains valid.
3. Doubt About Wudu During Prayer: If someone is praying and suddenly doubts whether their wudu is still valid, without any clear evidence of it being broken (like hearing a sound or smelling something), they should continue their prayer. The certainty is that they had valid wudu when they started the prayer, and mere doubt does not invalidate this certainty.

2. "The default ruling for things is permissibility" (الأصل في الأشياء الإباحة)

This principle states that all things are originally permissible unless there is evidence to prove otherwise. It forms a foundational approach to worldly matters (mu'amalat).

Evidence from Quran: Allah says in the Quran:

"He it is who created for you all that is in the earth." (2:29)

"And has subjected to you all that is in the heavens and all that is in the earth; it is all as a favor and kindness from Him. Verily, in it are signs for a people who think deeply." (45:13)

"Say (O Muhammad (ﷺ)): 'Who has forbidden the adornment with clothes given by Allah, which He has produced for His slaves, and At-Taiyyibat [all kinds of Halal (lawful) things] of food?'" (7:32)

Evidence from Sunnah: The Prophet (ﷺ) said:

"The lawful is what Allah has made lawful in His Book, and the unlawful is what Allah made unlawful in His Book. And what He remained silent about, then this is the thing which Allah has pardoned you."

(Jami al-Tirmidhi no. 1726, authenticated by Al-Albani, Zubair Ali Zai and other scholars like Ibn al-Qayyim, Ibn Kathir, Ibn al-Arabi, etc have authenticated this based on supporting narrations.)

Imam al-Samaani said: "This Hadith is a great foundation (Asl Kabeer) of the principles and branches of the religion." He added: "It has been reported from some of them that they said: 'There is not a single hadith of the Messenger of Allah (ﷺ), that alone encompasses the principles and branches of the religion more than the hadith of Abu Tha'labah." ["Jami' al-'Uloom wa'l-Hikam" (2/70)]

Hanafi Position: Some of the Hanafis said: The original ruling is to refrain (from the action) until there is evidence that permits it, but the apparent position of the Hanafis is that the default ruling is permissibility. (Al-Ashbah wal-Naza'ir li Ibn Nujaim: 1/57).

Practical Application:

Novel Food Items: A Muslim travels to Australia and wishes to try kangaroo meat, which is not specifically mentioned in Islamic texts. Based on the principle that the default ruling for things is permissibility, especially regarding food, kangaroo meat would be considered halal unless evidence proves otherwise. Since no textual prohibition exists regarding kangaroo meat, it would be permissible to consume.

Note:

In a supporting narration for this principle from our Prophet (ﷺ) who said: "Whatever Allah has permitted in His Book is Halal, whatever He has forbidden is Haram, and whatever He was silent about is pardoned, so accept the pardon of Allah, for Allah was not forgetful. Then he recited this verse: 'and your Lord is never forgetful' [Maryam 19:64]."

This hadith has been reported in Sunan al-Daaraqutni (2/137) and al-Mustadrak al-Haakim (2/406 and 10/12). The chain of narration is munqati' (interrupted), as there is a clear gap between Raja' ibn Haywah and Abu'l-Darda'. However, there are supporting narrations, and according to a group of scholars, it is classified as Hasan (li gayrihi).

Al-Nawawi classified a similar hadith of Abu Tha'labah as hasan, as stated in al-Adhkaar (505). Ibn al-Qayyim in I'laam al-Muwaqqi'een (1/221) and Ibn Katheer in his Tafseer (1/405) considered it sahih. Al-Albani also deemed the hadith of Salman al-Farisi as Hasan, citing corroborating reports, as stated in Sahih al-Tirmidhi (1726).

There is also a report from Ibn 'Abbaas (may Allah be pleased with him) with a similar meaning that is authentic, though it is his words rather than the Prophet's. Ibn Katheer said in Irshaad al-Faqeeh (1/367) that its chain of narration is authentic. It was also classified as authentic by al-Albaani in Saheeh Abi Dawood and Mishkaat al-Masaabeeh (4074).

3. "The default for acts of worship is restriction" (الأصل في العبادات التوقيف)

Contrary to worldly affairs, acts of worship (ibadaat) are restricted to what has been established through revelation. Innovation in worship is considered bid'ah (blameworthy innovation).

Evidence from Quran: Allah says in the Quran:

"This day I have perfected for you your religion and completed My favor upon you and have approved for you Islam as religion." (5:3)

Imam Malik said regarding this verse: "He who innovates an innovation in Islam and regards it as “something good”, has claimed that Muhammad ﷺ  has betrayed his trust to deliver the message as Allah says: {This day have I perfected for you your religion}. [Quran (5): 3] And whatsoever was not part of the religion then, is not part of the religion today." [al-I'tisaam of Al-Shatibi (1/17)]

Evidence from Sunnah: The Prophet (ﷺ) said:

“If anyone introduces into this affair of ours anything which does not belong to it, it is rejected.” (Saheeh Bukhari 2697, Saheeh Muslim 1718)

Practical Application:

This principle establishes that any newly invented form of worship that doesn't have a basis in the Quran or Sunnah is considered a bid'ah (innovation) and is rejected. For example, if someone were to invent a new type of prayer or add additional obligatory acts to established forms of worship without evidence from the Quran or Sunnah, such innovations would be rejected based on this principle.

4. "The default state of water is purity" (الأصل في الماء الطهارة)

Water is presumed to be pure unless there is evidence of impurity affecting its color, taste, or smell.

Evidence: The Prophet (ﷺ) said:

"Water is pure and nothing makes it impure." (Jami al-Tirmidhi 66)

Based on the fiqh of this hadith, scholars have mentioned that if the color, taste, or smell of the water does not change, it is considered pure.

Practical Application:

Natural Water with Leaves or Algae: A hiker finds water in a forest that contains leaves but has no noticeable change in color, smell, or taste. Based on the principle that the default state of water is purity, and since the presence of leaves has not changed the essential properties of the water, it remains pure and can be used for wudu or ghusl.

5. "The default state of clothing is purity" (الأصل في الثوب الطهارة)

Clothing is presumed to be pure unless there is evidence to the contrary.

Practical Application:

Doubt About Ritual Purity of Clothing: Mariam is getting ready for school, wearing clean clothes that she is certain are free from impurities. On her way, something spills nearby, and she is uncertain whether any impurity has touched her clothes. Based on the principle that the default state of clothing is purity, and that certainty is not removed by doubt, she may pray in these clothes without washing them first.

However, if she becomes certain that impurity has touched her clothes but is uncertain about the specific location, she must wash the entire garment or change clothes, as the certainty of impurity now overrides the previous state.

6. "The default state of things is purity" (الأصل في الأشياء الطهارة)

Things in general are considered pure unless proven otherwise through textual evidence.

Practical Application:

Food Touched by Insects: During a picnic, bees are observed landing on the edges of food plates. Based on the principle that the default state of things is purity, the mere landing of bees on food does not render it impure. The food remains permissible to eat, though personal preference may lead someone to avoid it.

7. "The default state is freedom from liability" (براءة الذمة الأصلية)

This principle stipulates that a person is considered free from obligations or liabilities until evidence proves otherwise. This is similar to the legal concept of "innocent until proven guilty."

Evidence: The Prophet (ﷺ) said:

"If people were given in accordance with their claims, men would claim the wealth and lives of other people. Rather, the burden of proof is on the accuser and an oath is a duty upon the defendant." (Authentic Hadith: Sunan al-Kubra of al-Bayhaqi 21201)

Practical Applications:

1. Dispute Over a Trained Hunting Dog: Ali purchases a hunting dog from Zaid with the condition that the dog is trained for hunting. Upon taking the dog home, Ali discovers that the dog is untrained. A dispute arises between the two parties. The judge must examine whether the dog is truly untrained. If Zaid cannot provide evidence that the dog is trained, the ruling will be based on Istishaab – the original or default state of dogs is that they are untrained unless proven otherwise. The case would likely be decided in favor of Ali.
2. Dispute Over Virginity After Marriage: A man marries a woman who was not previously married. After marriage, he alleges that she was not a virgin before their marriage but has no evidence to support his claim. Since he provides no evidence, the ruling returns to the default position. The default state of an unmarried woman is presumed to be virginity until proven otherwise. The man's claim would be rejected without evidence.
3. Debt Claims Without Documentation: If Sarah claims that Aisha owes her money from a previous transaction but has no documentation or proof to support her assertion, the burden of proof is on Sarah as the claimant. Without such proof, Aisha is presumed to be free from liability, as the default state is freedom from obligation.

The Status of Istishaab as a Source in Fiqh

Scholarly Consensus on Istishaab

The overwhelming majority of scholars, including those from the Shafi'i, Maliki, Hanbali, and Zahiri schools, as well as scholars of Hadith (Ashab al-Hadith) and a segment of Hanafi scholars, consider Istishaab to be a valid and conclusive proof without any restrictions or reservations.

The Hanafi Position

While many Hanafi scholars accept Istishaab, some take a slightly nuanced approach. They contend that istishab serves as evidence solely in negating claims. It is utilized to reject assertions rather than to affirm them. (Irshad al-Fuhool of Shawkani 2/250)

For example, if a person disappears without trace:

Majority View: Based on Istishaab, the person is presumed to be alive until death is proven. Therefore, their property remains theirs, and they retain all rights, including new inheritance they might be entitled to during their absence.

Some Hanafi Scholars' View: The person's existing property and rights remain intact (applying Istishaab to maintain what exists). However, they do not automatically acquire new entitlements like inheritance distributed after their disappearance (rejecting the use of Istishaab to establish new rights).

Conclusion

Istishaab establishes that what exists continues to exist and what does not exist continues to be non-existent until proven otherwise. As we've seen through various examples, this principle touches virtually every aspect of Islamic law, from worship to transactions and personal issues.

In our next article, we will explore another important principle in usūl al-fiqh: Sadd ad-Dharai, inshaAllah.

The river follows its course, yet adapts to the landscape it encounters

Fiqh - Arriqaaq

Usul Al Fiqh Series Arriqaaq

ArriqaaqArriqaaq

In our previous article, we explored the concept of القياس (Qiyas - analogical reasoning) and the scholarly debate surrounding its validity as a source of Islamic fiqh. We examined how the majority of Muslim scholars, including those from the four major madhahib (schools), accept Qiyas as a legitimate tool for deriving ahkam (rulings), while the Zahiri school and scholars like Ibn Ḥazm reject it entirely.

Building on our understanding of usūl al-fiqh, we now turn our attention to another form of ijtihād that has generated significant scholarly debate: الاستحسان (Istihsan).

Defining الاستحسان (Istihsan)

Linguistic Meaning (المعنى اللغوي)

The linguistic meaning of Istihsan is straightforward: to approve something, to consider something good, or to deem something preferable.

Technical or Legal Definition (المعنى الاصطلاحي)

The technical or legal definition of Istihsan has been a source of significant disagreement among the ulama (scholars). This disagreement is not merely semantic; it is one of the topics where scholars have differed, with disagreement arising primarily from varying definitions of the concept.

Let's explore the various definitions that have been proposed:

Definition 1: The Unexplainable Insight

The first definition states that Istihsan is:

"An evidence or insight that arises within the heart of a Mujtahid but is challenging to articulate to others." (Al-Ihkaam by al-Aamidi 4/163, al-Itisaam of al-Shatibi 2/136)

According to this definition, a mujtahid might reach a conclusion or judgment based on an intuitive understanding that they cannot easily express or explain to others. When asked for evidence, they might simply say it is based on Istihsan without being able to articulate the specific reasoning process. Essentially, this view holds that a mujtahid feels a position is correct and issues a judgment, but when questioned about their proof, they are unable to provide a clear explanation.

Definition 2: Preference for Stronger Evidence

The second definition describes Istihsan as:

"A method whereby preference is given to the stronger of two pieces of evidence. It also includes switching from a clear analogy (Qiyas al-jali) to a more subtle analogy (Qiyas al-khafi)" (al-Mahsul of al-Razi 6/69, Al-Musawwadah fee Usool al-Fiqh p 404, Irshad al-Fuhool by Shawkani p 402)

This includes switching from Qiyas al-Jali (clear or apparent analogy) to Qiyas al-Khafi (subtle or hidden analogy) when the latter is deemed more appropriate for a particular case. In this understanding, Istihsan represents a methodological choice to prefer one type of evidence over another based on its relative strength in a particular context.

Definition 3: Contextual Replacement of Rulings

A third definition describes Istihsan as:

"The act of replacing one legal ruling with another that is deemed more applicable to the specific circumstances at hand. This prioritization of one ruling over another must be justified by reference to one of the authoritative sources of evidence: the Qur'an, the Sunnah, or Consensus (ijmaa). It is an extension of second definition." (Al-Uddah fee Usool al-Fiqh by Abu Yala 5/1607-1610, Qaidah fil Istihsaan by Ibn Taymiyyah p 58-59)

This approach acknowledges that while a general ruling might exist for a category of cases, particular circumstances might warrant a different ruling based on the Qur'an, Sunnah, or Ijmā'. In this approach, a scholar prefers one ruling over another, replacing the first ruling with the second because the previous ruling doesn't apply to that specific situation or circumstance, judging based on Quran, Sunnah, or Ijma.

Definition 4: Particularization of the Cause (Takhsis al-Illa)

The fourth definition is:

"Particularization of the cause (Takhsis al-Illa), which involves situations where a ruling does not apply despite the presence of the underlying cause, typically due to a hindrance or impediment." (Al-Mahsul of al-Razi 6/173, al-Bahr al-Muheet of al-Zarkashi 4/390)

Although we've explain this in detail in the article before that, here is a revision to understand this definition more clearly:

1. What is 'illa? In fiqh, 'illa (cause or reason) is the specific attribute that triggers a ruling. It answers the question "why" a particular ruling exists. For instance, intoxication is the 'illa (cause) for the prohibition of wine - wine is forbidden because it intoxicates.
2. What is Takhsis al-Illa? This means "making an exception to the cause" or "limiting when the cause applies." It recognizes that sometimes, even when the 'illa (cause) is present, the original ruling might not apply due to special circumstances.
3. Simplified explanation: Normally, when a cause exists, its ruling automatically follows. But with Takhsis al-Illa, scholars recognize that in some specific situations, even though the cause is present, the ruling is suspended or modified due to exceptional circumstances.

Let's understand Takhsis al-Illa with an example:

Cause: Exposing awrah → Ruling: Prohibition:

• General rule: Exposing one's awrah (private parts that must be covered) in public is prohibited
• Takhsis al-Illa: In medical treatment situations where exposing parts of the awrah becomes necessary for diagnosis or treatment, and no alternatives exist, the prohibition might be lifted because preserving health and treating illness takes precedence when medically required and no alternatives are available.

Hence, in this approach, the cause or 'illa is particularized based on the situation, creating exceptions where a ruling does not apply despite the presence of the underlying cause.

Analysis of the Definitions of Istihsan

The disagreement over the definition of Istihsan has led to varying attitudes toward its legitimacy as a source of ahkam (legal rulings). There is no agreement among scholars about what Istihsan actually is.

Analysis Of First Definition

The first definition states that Istihsan is:

"An evidence or insight that arises within the heart of a Mujtahid but is challenging to articulate to others." (Al-Ihkaam by al-Aamidi 4/163, al-Itisaam of al-Shatibi 2/136)

Imam al-Shafi'i's Position

Imam al-Shafi'i is perhaps the most prominent critic of Istihsan. He authored a book titled "Ibtal al-Istihsan" (Invalidation of Istihsan), part of his encyclopedia "Kitab al-Umm", where he refutes this concept. Scholars say that when he refuted Istihsaan, he meant above definition. He also refuted in his al-Risalah p 503.

Imam al-Shafi'i does not consider Istihsan at all, declaring it to be something which is Batil (false). In the opening pages of his book, Imam al-Shafi'i writes:

"It is not permissible for a person who is qualified to be a judge or a Mufti to judge or to pass ruling unless they are grounded in authoritative sources. These sources include the Quran, followed by the Sunnah, consensus (Ijmaa) among scholars, or legal reasoning (Qiyas) derived from these sources. And he should not judge or give a Iegal ruling based on Istihsaan since it is neither binding nor is it derived from these sources." (Ibtal al-Istihsaan of al-Shafi p.1)

Then in the following pages he provides number of evidences from Quran and Sunnah that this type of “Istihsaan” is invalid.

He states that it's not permissible for a judge to judge or mufti to pass a ruling unless they are grounded in authoritative sources, which include Quran, Sunnah, Ijma among scholars, or Qiyas derived from these sources. A judge or mufti should not provide legal rulings based on Istihsan since it's neither binding nor derived from these sources.

Ibn Hazm's Position

Ibn Hazm, the prominent Zahiri scholar who also rejected Qiyas, similarly dismissed Istihsan as a valid method of deriving rulings. Ibn Hazm doesn't recognize any form of Istihsan because he considers it a form of ra'i (personal opinion) or qiyas. Since he rejects qiyas, he likewise rejects Istihsan, considering it pure personal opinion (ra'y) without textual evidence to validate the concept. (Al-Ihkaam of Ibn Hazm 6/192)

Analysis Of Second/Third Definition

The second definition describes Istihsan as:

"A method whereby preference is given to the stronger of two pieces of evidence. It also includes switching from a clear analogy (Qiyas al-jali) to a more subtle analogy (Qiyas al-khafi)" (al-Mahsul of al-Razi 6/69, Al-Musawwadah fee Usool al-Fiqh p 404, Irshad al-Fuhool by Shawkani p 402)

The third definition describes Istihsan as:

"The act of replacing one legal ruling with another that is deemed more applicable to the specific circumstances at hand. This prioritization of one ruling over another must be justified by reference to one of the authoritative sources of evidence: the Qur'an, the Sunnah, or Consensus (ijmaa). It is an extension of second definition." (Al-Uddah fee Usool al-Fiqh by Abu Yala 5/1607-1610, Qaidah fil Istihsaan by Ibn Taymiyyah p 58-59)

The supporters of istihsaan say that "they don't consider first definition of Istihsaan". The critics of istihsaan did not object to the idea that a mujtahid could "switch from one type of evidence to another if it was deemed stronger." (Al-Irshad al-Fuhool of Shawkani p 402, al-Bahr al-Muheet 4/388)

Imam Ahmad ibn Hanbal's Position

Imam Ahmad ibn Hanbal said,

"I follow every related Hadith and I do not apply Qiyas to it."

Many scholars from the Hanbali Madhab (like Ibn Qudamah) interpreted this statement to mean that Imam Ahmad ibn Hanbal refuted the concept of Istihsan and did not acknowledge or consider it.

However, other Hanbali scholars interpret this statement differently. One such scholar, Abul Qattab, explained that this statement indicates Ahmad ibn Hanbal would abandon the use of Qiyas (analogical reasoning) in favor of textual evidence, which is actually the true application of Istihsan. (Al-Uddah fee Usool al-Fiqh by Abu Yala 5/1605)

To better understand this, let's examine some examples:

Example 1: Fasting When Eating Forgetfully

There is an authentic hadith which is in Sahihain (Saheeh al-Bukhari 6669, Saheeh Muslim 1155) where the Prophet Muhammad ﷺ stated:

"If somebody eats something forgetfully while he is fasting, then he should complete his fast, for Allah has made him eat and drink."

Without this hadith, a strict application of Qiyas would suggest that the fast is broken by eating, regardless of whether it was done intentionally or forgetfully. This is because the purpose or essence ('illa) of fasting is abstention from food, drink, and sexual intercourse from dawn to sunset.

Imam Abu Hanifa acknowledged this point, saying that if this hadith didn't exist, he would have ruled that one must make up for such a fast. This statement is quoted in Usul al-Sarakhsi from the scholars of Hanafi fiqh.

"If this were not supported by a Hadith of the Prophet ﷺ, I would have ruled that one must make-up for such a fast.” (Usool as-Sarkhasi p 202) 

This example shows how Istihsan (in the sense of preferring stronger evidence) leads to abandoning the conclusion that would be reached through Qiyas in favor of the explicit text.

Example 2: Manufacturing by Order

According to strict Qiyas, placing an order for something to be manufactured would be impermissible since the subject of the contract (the manufactured item) doesn't exist at the time of the contract. Manufacturing by placing an order is deemed impermissible due to the absence of subject matter of the contract.

However, based on Istihsan, this type of transaction is allowed. Muslims have engaged in this type of transaction, and there is an ijma (consensus) that it is allowed. So based on istihsan, this type of contract is allowed. In this istihsan, the preference is given to ijma over qiyas.

In this case, Istihsan means giving preference to Ijma over Qiyas, recognizing that the general principle must yield to the specific evidence of consensus.

Analysis Of Fourth Definition

The fourth definition is:

"Particularization of the cause (Takhsis al-Illa), which involves situations where a ruling does not apply despite the presence of the underlying cause, typically due to a hindrance or impediment." (Al-Mahsul of al-Razi 6/173, al-Bahr al-Muheet of al-Zarkashi 4/390)

The validity of this “Istihsaan” is disputed by scholars. 

Ibn Taymiyyah wrote on Istihsan in his book "Qa'idah fil-Istihsan," where he quotes the position of Ahmad and others, discussing Istihsan in detail. According to Ibn Taymiyyah, the fourth definition (particularization of the cause) is the most accurate representation of Istihsan.

He also states that Ibn Hanbal denied the use of istihsaan whenever the “particularisation of the cause” took place without the existence of a decisive discrepancy. Ibn Taymiyyah supports same position of Imam Ahmad. (Qaidah fil Istihsaan p 80)

Ibn Taymiyyah notes that Abu Ya'la makes a distinction between istihsan (3th definition which is extension of 2nd  definition) and 4th definition which is "particularization of the cause," (Takhees al-Illah) as he approves of the Istihsaan but not Takhsees al-Illah. (Qaidah fil Istihsaan p 64-65)

To better understand this, let's examine an example:

Example 1: Granting Trusteeship for Someone of Questionable Character

One example for the fourth definition of Istihsan is: "Granting trust to someone lacking good character in order to prevent hardship."

Generally, a trustee or guardian should be of good character, someone known for their amanah (trustworthiness) and integrity. However, in situations where no one of such character is available, but there is a need for someone to take over as trustee, Istihsan allows appointing someone who lacks these qualities to prevent hardship. Let's analyze this in simple terms:

• General rule: A trustee must have good character.
• Cause ('illa): Lack of good character → Ruling: Disqualification from being a trustee.
• Exceptional circumstance: No qualified person is available, and leaving the position vacant would cause significant hardship.
• Application of Istihsan: Despite the cause (lack of good character) being present, the ruling (disqualification) is suspended in this specific situation to prevent hardship.

This is particularization of the cause because we're saying: "Yes, the cause for disqualification exists, but in this specific circumstance, we won't apply the usual ruling."

Example 2: Leftover Water from Carnivorous Birds

Another example relates to the purity of water. Carnivore animals like lions and cheetahs, if they drink from water, make it unclean. The question arises: what is the ruling on the leftover water of carnivorous birds, like vultures and eagles?

Based on qiyas, whether it's a carnivore animal or carnivore bird, the water would be unclean, because they are similar wild animals. But based on istihsan, it's allowed for birds. The reasoning is that birds drink with their beaks, which are dry bones, making them different from carnivores with saliva. Therefore, the water is not considered najis (impure). Again, breaking this down:

• General rule: Water becomes impure when a carnivorous animal drinks from it.
• Cause ('illa): Being a carnivorous animal → Ruling: Water becomes impure after contact.
• Application of strict Qiyas (analogy): Since birds like vultures are carnivorous, water they drink from should be impure.
• Application of Istihsan: Despite birds being carnivores (the cause is present), the ruling of impurity doesn't apply because birds drink with their beaks (dry bones) unlike mammals that use saliva-covered tongues.

This is particularization of the cause because we're saying: "Though the general cause (being carnivorous) exists in both cases, we distinguish how it applies based on the specific physical differences between mammals and birds." The cause is refined or limited in its application based on relevant distinctions.

Misapplication of Istihsan

Many scholars who accept Istihsan connect it to the prophetic principle: "La darara wa la dirar" (There is no causing of harm and no reciprocation of harm). Many scholars take istihsan with this qaidah (principle) or hadith.

The connection between this principle and Istihsan is particularly evident in the the fourth definition. When a general ruling would cause undue hardship in a specific situation, Istihsan may be invoked to provide an exception.

However, this application must be approached with care. Ahmad ibn Hanbal and other scholars denied the use of this type of istihsan without decisive discrepancy, something which is clear cut, such as a matter of life and death. Ibn Taymiyyah also supports this view, requiring clear-cut, explicit evidence where there's no confusion. Only in such situations is this type of istihsan appropriate, as it could otherwise be easily misused.

Example of Misapplication of Istihsan: The Case of Interest-Based Loans

A cautionary example of how Istihsan can be misused in contemporary times relates to interest-based loans. Some argue as follows: A person needs to take a loan from a bank, but interest-based loans are not allowed in Islam. However, some people, those dealing with Islamic banking, claim that in modern situations it's not possible to live without loans. They argue that though interest is haram (forbidden), based on istihsan it should be allowed because in this specific time and situation, one cannot survive without it.

Why This Reasoning Is Flawed

This reasoning is problematic for several reasons:

1. It contradicts explicit texts prohibiting interest (riba)
2. It exaggerates the necessity, as Islamic alternatives exist
3. It fails to distinguish between genuine necessities and conveniences

Risk of Misuse

This kind of istihsan can be easily misused. Many scholars completely refute such applications, arguing that one cannot create these kinds of exceptions unless there is a very clear necessity, a matter of life and death.

Conclusion

As with many issues in usūl al-fiqh, the debate over Istihsan reveals the importance of proper understanding and clear definitions. The disagreement among scholars largely stems from different conceptions of what Istihsan actually means.

When defined as preferring stronger evidence over weaker evidence, Istihsan aligns with principles accepted by virtually all scholars. This second definition views Istihsan as a method whereby preference is given to the stronger of two pieces of evidence. When scholars have two pieces of evidence and prefer one over the other, this represents one meaning of Istihsan according to a group of scholars.

When understood as Takhsis al-Illa in genuine cases of necessity, it reflects the flexibility inherent in the Sharī'ah. However, when misunderstood as subjective preference without clear evidential basis (the first definition), it can lead to arbitrary rulings that undermine the integrity of religious guidance.

In the next article inshaAllah, we will go over what Istishaab means

🌟 Previous Articles in the Series:

1️⃣ History and Evolution Of Usual Al Fiqh (Part 1)

📝 Overview: An introduction to Usul Al Fiqh.

2️⃣ Ahlul-Hadith vs Ahlul-Rai (Part 2)

📝 Overview: A comparison of two major approaches to Islamic jurisprudence - Ahlul-Hadith and Ahlul-Rai.

3️⃣ What is Fiqh? (Part 3)

📝 Overview: An introduction to Fiqh, its significance, and the relationship between Fiqh and Usul al-Fiqh.

4️⃣ Books of Fiqh (Part 4)

📝 Overview: A dive into the various books and sources that form the foundation of Islamic law.

5️⃣ What is Hukm? (Part 5)

📝 Overview: This article explains the concept of Hukm (legal rulings) and its categories in Islamic law.

6️⃣Hukm al-Wadi (Part 6)

📝 Overview: A detailed explanation of Hukm al-Wadi, its definitions, and its significance in Usul Al Fiqh.

7️⃣ Sources of Al-Hukm: Quran, Sunnah, Ijmaa, and Ijtihaad (Part 7)

📝 Overview: Exploring the primary sources of Islamic law - Quran, Sunnah, Ijmaa, and Ijtihaad.

8️⃣ Understanding Ijtihaad (Part 1)

📝 Overview: Introduction to Ijtihaad, its process, and its role in deriving legal rulings.

9️⃣ What is Qiyas?

📝 Overview: A comprehensive look at Qiyas (analogical reasoning) and its importance in Usul al-Fiqh.

🔟 Analysis of Arguments For And Against Qiyas

 📝 Overview: In this article, we review the arguments between the proponent and opponents of Qiyas.