Usul-Al-Fiqh Made Easy (Part 21) - Ways of al-Istinbaat (Jumhoor)

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

ArriqaaqArriqaaq

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.