Islamic Online University

Bachelor of Arts in Islamic Studies

Fiqh 301
Full Name: SAID NOUR TOURE

Question:

Assignment Question

1. The Arabic language is an essential source from which the

science Usol al Fiqh is derived. So much so that Imaam as Shatibee
considered it to be the only source of Usol al Fiqh with Maqasid as
Shariah.

2. One of the topics in Usol al Fiqh where the Arabic language

plays a vital role is: ‫داللة األلفاظ‬.

3. Required:

4. Do a research (consisting of 1200 – 1300 words) on ‫داللة األلفاظ‬

(according to the majority of scholars), taken from the following
groupings:

5. ‫األمر والنهي‬

6. ‫العام والخاص‬

7. ‫المطلق والمقيد‬

8. ‫المنطوق والمفهوم‬

9. ‫النص والظاهر والمجمل‬

10. Please note: Footnotes as well as a bibliography is required.

And Wikipedia is not regarded as a valid source.

11. ‫وهللا الموفق‬

Answer:

Bismillahir Rahmanir Raheem

In the name of Allah, The Most Graceful, The Most Merciful,

All praise is for Allah, and peace and Blessings of Allah be upon Muhammad is His slave and Messenger.

This essay is a research on the topic of ‫ داللة األلفاظ‬taken from the grouping of ‫األمر والنهي‬.

1. Definitions

a) Definition of ‫داللة األلفاظ‬

The term “‫ ”داللة األلفاظ‬refers to Clarity of the meaning of the speech.

b) Definition of ‫األمر‬
A command (Amr) is defined as a verbal demand to do something from a position of superiority to an inferior. Command
(also prohibition) may occur in a variety of form.

a) Definition of ‫النهي‬
Prohibition (Nahy) is the opposite of command. It is a demand to avoid doing of something.

2. Wordings of ‫األمر‬
a) Imperative mood:
Command is mostly in imperative mood.

Use of a simple past tense in Arabic may also indicate command to do something as in the following verse:

O you who have believed, prescribed for you is legal retribution for those murdered […]. [Sura Baqarah: 178].

b) Moral condemnation
It can also come in the form of moral condemnation

They ask you, [O Muhammad], about the new moons. Say, "They are measurements of time for the people and for
Hajj." And it is not righteousness to enter houses from the back, but righteousness is [in] one who fears Allah. And
enter houses from their doors. And fear Allah that you may succeed. (Sura Al-Baqarah: 189).

c) Promise of reward or punishment

In some cases, Quranic command may be conveyed as a promise of reward or punishment:

These are the limits [set by] Allah , and whoever obeys Allah and His Messenger will be admitted by Him to gardens
[in Paradise] under which rivers flow, abiding eternally therein; and that is the great attainment.

And whoever disobeys Allah and His Messenger and transgresses His limits - He will put him into the Fire to abide
eternally therein, and he will have a humiliating punishment. (Quran Surat Nissa: 13-14).

3. Implications of ‫األمر‬
a) Obligation.
The primary implication of a command is the obligation according to the majority of the scholars, unless there are clues
to suggest otherwise.
 b) Permissibility.
Command can sometimes mean permissibility. As in the following verse,

O children of Adam, take your adornment at every masjid, and eat and drink, but be not excessive. Indeed, He likes
not those who commit excess. [Surat A’raaf, V.31]

"Kulu Washrabu" althought in the imperative tense (eat and drink) in the context suggests that it is mere permissibility.

According to the Majority of scholars, a command following a prohibition means permissibility, not obligation as in the
verse:

O ye who believe! […] But when ye are clear of the Sacred Precincts and of pilgrim garb, ye may hunt […]. [Quran
Surat Ma-idah V.2].

“Hunt” here is mentioned in an imperative form but implies permission.

c) Recommendation
A command may also convey a recommendation, as in the verse:

O ye who believe! When ye contract a debt for a fixed term, record it in writing. Let a scribe record it in writing
between you in (terms of) equity. […]. [Sura Baqarah V. 282].

d) Supplication:
A command can imply supplication or prayer if it comes from a weaker position addressed to a higher position, as in the
verse

[…]"Our Lord! Condemn us not if we forget or fall into error; our Lord! Lay not on us a burden like that which Thou
didst lay on those before us; Our Lord! Lay not on us a burden greater than we have strength to bear. Blot out our sins
and grant us forgiveness. Have mercy on us. Thou art our Protector; help us against those who stand against faith."
[Ref. Baqarah V. 286].

e) Conditionality:
This means that when a command is issued in conditional terms, then it must be complied whenever the condition
occurs.

[…] But if ye are ill or on a journey, or one of you cometh from offices of nature, or ye have been in contact with
women, and ye find no water, then take for yourselves clean sand or earth, and rub, therewith your faces and hands.
Allah doth not wish to place you in a difficulty, but to make you clean, and to complete His favor to you, that ye may
be grateful. [Quran Surat Ma-idah V.6].

4. Wordings of ‫النهي‬
a) Statement ordering not to do:
Prohibition may occur in the form of a statement

Do not marry unbelieving women until they believe; a slave woman who believes is better than an unbelieving
woman even though she allure you. Nor marry (your girls) to unbelievers until they believe: a man slave who believes
is better than an unbeliever, even though he allure you. […] [Quran Surat Baqarah V. 221]

b) Order to leave something:

It may come in the form of an order to leave something
O ye who believe! When the call is proclaimed to prayer on Friday (the Day of Assembly), hasten earnestly to the
Remembrance of Allah, and leave off business (and traffic): that is best for you if ye but knew! [Quran Surat Baqarah
V. 9]

5. Implications of ‫األمر‬
a) Total prohibition:
The Majority of the scholars agree that the primary implication of Nahy is prohibition (Tahrim), if no indication is
provided to rule otherwise.

Forbidden to you (for food) are: dead meat, blood the flesh of swine, and that on which hath been invoked the name
of other than Allah, that which hath been killed by strangling, or by a violent blow, or by a headlong fall, or by being
gored to death; that which hath been (partly) eaten by a wild animal; unless ye are able to slaughter it (in due form);
that which is sacrificed on stone (altars); (forbidden) also is the division (of meat) by raffling with arrows: that is
impiety. . [Quran Surat Ma-idah V. 3].

b) Guidance:
Nahy may be provided as guidance as in the verse:

O ye who believe! Make not unlawful the good things which Allah hath made lawful for you but commit no excess: for
Allah loveth not those given to excess. [Quran Surat Ma-idah V. 87].

c) Reprimand:
O ye who believe! Why say ye that which ye do not? [Quran Surat Saff V.2]

d) Conditionality:
In the following verse, the prohibition of hunting is clearly conditioned to the state of ihram:

O ye who believe![…] But when ye are clear of the Sacred Precincts and of pilgrim garb, ye may hunt and let not the
hatred of some people in (once) shutting you out of the Sacred Mosque lead you to transgression (and hostility on
your part). […] [Quran Surat Ma-idah V. 2].

But when a prohibition succeeds a command, it conveys Tahrim (illegality) as in the verse:

[…] Help ye one another in righteousness and piety, but help ye not one another in sin and rancor: fear Allah: for Allah
is strict in punishment. [Quran Surat Ma-idah V. 2].

6. Conclusion
We see in the above that the wordings and phrasings are very important in understanding the implication of a command
or a prohibition. Thus the knowledge of the Arabic grammar plays an important role in the understanding of the rule of
Fiqh.

BIBLOGRAPHY:

USUL ALFIQH by Shah Abdul Hannan online: http://www.islamicity.com/forum/printer_friendly_posts.asp?TID=3835

Principles of Islamic Jurisprudence by M. H. Kamali, 1989, Dar almaal alislami, Geneva.

Quran translation, Online: http://www.quranexplorer.com/quran/

A textbook of Hadith Studies by M. H. Kamali, The Islamic Foundation.