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

In our ongoing study of Usool al-Fiqh, we have been learning how the ulama derive rulings from the nusus (texts) of the Qur’an and Sunnah, the process of istinbaṭ (extracting a ruling) and istidlal (seeking evidence for a ruling).

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).