BISS5033

Deduction Methods and

Maqasid Shariah for Business
(Dilalat lafz ala mana)

Prepared by:
Naim bin Abdul Rahaman

821928

Prepared for:
Assoc. Prof. Dr Asmadi Mohamed Naim

Content

1.0

Introduction
2

2.0

Takwil

3.0

Level of Clarity of the Words

4
3.1

Zhahir
3.1.1 Hukm of Zhahir

3.2

Nass
3.2.1 Hukm of Nass
3.2.2 Differences between Zhahir and Nass

3.3

Mufassar
3.3.1 Hukm of Mufassar

3.4

Muhkam
3.4.1 Hukm of Muhkam

4.0

Level of Ambiguity
10
4.1

Khafiy
4.1.1 Hukm of Khafiy

4.2

Musykil
4.2.1 Hukm of Musykil

4.3

Mujmal
4.3.1 Hukm of Mujmal

4.4

Mutasyabih
4.4.1 Hukm of Mutasyabih

5.0

Conclusion
15

References
16

1.0

Introduction
Jurists has created a new branches of knowledge to be used by us,

and it is something that cant be compared with other knowledge in this

entire world whether in the past or in this era. This type of knowledge is
called as Usul Fiqh. The main reason in creating this kind of knowledge is
to help people mostly for Muslim to learn and understand deeper on AlQuran and Hadith. Taking out the hukm from the nass of Al-Quran, and
from its reliable source under qawaid fiqhiyyah.
We knew that, this branches of knowledge were firstly introduced by
Imam Shafie, as he is the one that collected all the knowledge from every
books written by scholars like Imam Maliki and some other well-known
scholars. However, hes only collecting it and make it into a type of
knowledge, as we call Usul Fiqh nowadays, and scholars before him
already explained on this study, but they dont put it under one topic only.
It was scattered into many chapters. Realized it may be needed by people
to understand further the Holy Books, Al-Quran, and As-Sunnah, Hadith,
so Imam Shafie put it into one topic.
In this report, we will learn on the way to deduce hukm from its
sources and also method used by mujtahid in deducing the hukm. The
main sources used are Al-Quran and Hadith. The secondary is the sources
of hukm to be backup for each dalil (evidence). Because the language
used in nass is in Arabic, so of course it is necessary, and obligated to
know well on the language and its method of language (balaghah) to
interpret the nass. This report will explain deeper on the process of hukm
deduction from the revelation evidences by focusing the content of word
and its evidence (dilalah) to the meaning (al-mana).

2.0

Takwil
In order to understand on the way to deduce hukm by the words and

meaning, we need to understand the meaning of takwil.

In literal meaning, takwil is originates by the word - ( return).
The word return means that we refer back to the word from before. In
technical meaning, it is a study to understand the lafz (word) with other
than its zhahir (explicit) meaning with the possibility of understanding it
into other zhahir meaning. But, in order to change its meaning into other
meaning, it need to be supported by dalil. The reason for changing its
meaning is that the other meaning is much more suitable with the
transliteration of Al-Quran and As-Sunnah.
For a simple understanding, takwil is the use of most suitable
meaning towards its words.

3.0

Level of Clarity of the Words

The clarity of words toward its meaning, or its ambiguity, is divided

into two divisions. First, the clarity of the words, and the second one is the
ambiguity of the words.
The clarity of the words is divided into four main level which are
Zhahir, Nass, Mufassar, and Muhkam. The level of this lafz is different. The
lowest level of clarity is Zhahir, followed by Nass, Mufassar, and the
clearest is Muhkam as seen by the figure below.

3.1

Zhahir
Zhahir is the lowest level of clarity compared to other three. In literal

meaning, zhahir is clear. While in technical meaning, the word zhahir can
be defined as self-explanatory or explicit only by a simple reading. Which
means that the explicit in its meaning does not need to be depended on
the external factors. As for the example, in Surah al-Baqarah, verse 275:

From the verse above, it is zhahir in permitting (halal) the trade and
forbidding (haram) the interest (riba). When we are reading the verse, we
can quickly understand it by the word halal and haram. But, the verse
above does not mean that, the real meaning is to deny the similarities of
sale purchase and usury.

3.1.1 Hukm of Zhahir

It is possible to takwil the verse that contain zhahir, which means that
it can change the meaning towards other meaning. Just like to make it
specific (khas) if it is Amm, or make it as muqayyad it is mutlaq, or even
understand it as majaz if the words mean haqiqah. It is compulsory to
accept its meaning as long as there are no dalil to change the real
meaning of zhahir.
Example on the verse permitted trade and forbidden riba. The
words used in it are zhahir and amm, however, if being specified (khas) to
the sale of khamar, then it is Haram.
Can be nasakh on the days of Rasulullah because it cannot be nasakh
after his wafah.

3.2

Nass
In technical meaning, nass something that shows the lafaz and

sighah, to a meaning without being tied with external factors. The original
meaning is from the words that appear. Nass is used to reveal every
verses in Al-Quran or hadith nabawi. By this meaning, the word nass
covering zhahir, nass, mufassar, muhkam with every meaning of its
words.
Thus, nass is more zhahir, than the word zhahir itself. The example
for nass is as below, also from Surah al-Baqarah, verse 275:

The nass is zhahir in permitted (halal) the trade and forbidden

(haram) riba. And also to differentiate between sale purchase and usury.
From its meaning, it shows that the unbelievers (kaafiruun) was wrong in
saying that trade and usury is the same.

3.2.1 Hukm of Nass

The word nass can be takwil and nasakh in the days of Rasulullah
only. But if in this days and era, the verse cannot be nasakh. It is
compulsory to practice it as long as there are no dalil that can be used to
takwil.

3.2.2 Difference between Zhahir and Nass

Nass is clearer than zhahir in terms of the clarity of zhahir toward its
meaning. The meaning of nass is original intent from the displayed words.
The meaning of zhahir is not original, but based on the displayed words.

The possibilities of nass to be takwil is much further than zhahir.

When there are conflict between both of them, the priority towards nass is
more than zhahir.

3.3

Mufassar
The word mufassar is originates from word ( reveal). The meaning

of mufassar is exposed or revealed or elaborated. In technical meaning,

the meaning of mufassar much more clearer than nass, the meaning
shows by itself a detailed interpretation, and may not possible to takwil.
We can see the example from Surah at-Tawbah, verse 36:

The word musyrik in this verse shows an isim zhahir that is general
(amm), but may be specific (khas). But when there are the word kaffah
(everything), the khas is possible to disappear.

3.3.1 Hukm of Mufassar

It hukm to practice with mufassar is compulsary. It may be nasakh in
the days of Rasulullah if the hukm can be categorized to nasakh. After the
death of Prophet Muhammad, every verse and words in al-Quran and
Hadith that gain the status of Muhkam cannott be nasakh anymore.

3.4

Muhkam
In literal meaning, the word muhkam mean good and satisfactory.

However, in technical meaning, the words show the clear meaning and
stronger than mufassar. So right now, muhkam is the clearest among
other three (zhahir, nass and mufassar).
Muhkam cannot be takwil and nasakh, ever. It cannot be takwil
because the clarity of its word already reach the limit that deny the
possibility of the emergence of takwil. It also cannot nasakh because the
originality of its hukm and cannot be changed, but it can be changed if
accompanied by something to deny the possibility to nasakh.
Some of original hukm that cannot be nasakh are nass that related
with:

Faith to Allah, the Afterlife, the Prophets.

Tyranny (zalim) that being prohibit.

Justice and fairness that are compulsory.

In conjunction with hukm juziy that being supported, the example is

on the haram to marry Rasulullahs wives after his death. (Surah alAhzab:53)

3.4.1 Hukm of Muhkam

It is compulsory to practice with it. The muhkams meaning cannot be
changed, nasakh, and abolished.

Mufass

Muhka

ar

Takwil.

Nasakh.

Zhahir

Nass

The words
clarity towards
meaning.
The meaning is
the original
meaning.

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4.0

Level of Ambiguity
The words toward its meaning has its ambiguity, where the meaning

does not show the meaning by itself. However, all of these words depend
on the external factor. These words has been classified into four main
level, starting from the lowest level of obscure and might reach the level
of clear, into the level of most obscure, Khafiy, Musykil, Mujmal and
Mutasyabih respectively.

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4.1

Khafiy
Khafiy is a word that the meaning is towards zhahir. Only the

suitability of its meaning towards some parts, contains the ambiguity that
need some explanation and analyzation to eliminate its ambiguity.

From above example, the word killer shows lafaz amm, its zhahir
word meant a killer, whether it is intentional or not. From this matter,
there are two opinion of ulama.
1st, unintentional murder is also referred to as murder. The murderer
cannot inherit as his carelessness causing the murder. As for the
intentional murder, for sure he cannot inherit as to prevent from family
member that are greedy for money.
2nd, the word doesnt meant to the unintentional killing, because of
he doesnt have any bad intention. So, he does not deserve punishment
like qisas, and no inheritance.

4.1.1 Hukm of Khafiy

It is a must for us to examine the reason that led to the unclear on
the conformity with the purpose of her words. If the meaning is suitable,
so there are hukm on that. If not suitable, theres no hukm.

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4.2

Musykil
Musykil is an isim that is not clear in its meaning and contain many

forms until it is not known which meaning to be used only if there are dalil
to be depended on and can differentiate from its other forms. A word
whose meaning is difficult to discover except by another evidence that
removes the remaining ambiguity. On the other hand, musykil is a word
that maybe have many meaning, but the real meaning is only one from all
of those meaning.
The ambiguity is because of the sighah does not show its meaning,
but need an external qarinah to explain the meaning. And this is the main
cause for the mujtahid to give their different view. Example on musykil,

The word quru, may be show the meaning of three times cleanse, or
three times haid.

4.2.1 Hukm of Musykil

By that, the hukm of musykil is to analyze every qarinah that shows
the intended meaning and belief in the truth of the intended meaning. It is
compulsory to search for the meaning until it can be elaborated.

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4.3

Mujmal
In the literal meaning, the word mujmal is mubham, or uncertain.

While in technical meaning, it is an unelaborated word except explained

by the mujmal itself. The meaning is hidden because of so many meaning
until cannot be known except by elaborating it. This is because of there
are no qarinah that shows the intended meaning by the one who wrote it.
Because the ambiguity on mujmal is only on its lafz.
The reason on the existence of mujmal is that sometimes the word
from musytarak that does not met its qarinah that can help the word to
get its meaning. For example, in surah Al-Marij, in verse 19:

The word explained by the verses after it:

The verse after it shows that the word give the meaning of a
person, if he wants to do something that is bad, it makes him impatient,
and greedier to do it. He will feel an urge to do it more. However, if he still
wants to do something bad, but he still believes in Allah, he can be
withholding from doing it.

4.3.1 Hukm of Mujmal

Does not specify from its meaning and cannot practice it unless if
there are from the law (syariat) maker that eliminate the status of mujmal
and derive its meaning. If the explanation is perfect and certain the
mujmal will be a part of mufassar just like the explanation from Prophet
Muhammad on the problem of zakat, solat and others.

14

To simply understand it, we need to belief on the truth of the meaning

and suspense the decision in it, until the elaborating evidence is found
and the meaning is explained.

15

4.4

Mutasyabih
The words meaning is hidden and there is no way we can find them.

This is because of there are no qarinah to get rid of it ambiguity, and only
Allah know its meaning. This is what was indicated by Usuls scholars on
the definition of mutasyabih. For an example, in Surah al-Fath, verse 10:

In the verse above, the saying of the hand of Allah, we cannot be

equated it with our hand, because we cannot interpret exactly His hand.
Another examples:

4.4.1 Hukm of Mutasyabih

We need to belief in its true. Once we read it, we need to give up the
further investigation because only Allah know its true hidden meaning.

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5.0

Conclusion
This study shows that in order to know how to deduce the hukm from

Al-Quran and As-Sunnah, the most important thing is that we need first to
learn the Arabic language. Its not just learn the meaning of Arabic
language, but we also must know the grammar or nahu and sarf, or learn
on the style of the language, so then we can understand clearly and
deeply on the language. If not, maybe when we want to deduce the hukm
from both sources, we might have misinterpreted it. Once we are fully
master the language, then we can continue with the study of usul fiqh.
In usul fiqh, dilalah lafz ala mana or the clarity and ambiguity of
words towards its meaning is the most important part. From learning on
this topic, we can learn and know whether the words used in Al-Quran and
As-Sunnah, is it giving a direct meaning or is it have a hidden or many
meaning. Only then we can know what we need to deduce and what do
we need to focus on while deducing the hukm.
Even if we are not on the level to deduce the hukm, still, we can learn
on this study, to know, based on verse from Al-Quran, and some quite
from Hadith, what does it means, and which matters it is related on.

17

References

al-Jarumi, A. (2010). Usul Fiqah: Prinsip-prinsip Perundangan Islam. Shah Alam:

Pusat Penerbitan Universiti (UPENA) UiTM.
Auda, J. (2008). Maqasid al-Shariah as Philosophy of Islamic Law: A Systems
Approach. London: The International Institute of Islamic Thought.
Nyazee, I. A. (2003). Islamic Jurisprudence (Usul al-Fiqh). Petaling Jaya: The Other
Press.
Suwari, M. F. (2009). Al-Madkhal ila Dirasah Usul al-Fiqh al-Islami. Kuala Lumpur:
IIUM Press.
Zaidan, D. A. (2013). Kaedah Usul Fiqah. Batu Caves: Pustaka Al-Ehsan.

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