Usul-Al-Fiqh Made Easy (Part 22) - Ways of al-Istinbaat (Hanafiyyah)

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).

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