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Question 1
Give an example that you have studied of the following:
a) Khaas
In the Quran Surah Baqarah 2:228, Allah SWT says that divorced women should wait for
three (thalatha) courses. The word “three or thalatha” is khaas in the Quran, so we must act
upon it. The problem arises whether three courses refer to three menstrual periods or three
purity periods, as the word “quroo” in Arabic can mean both menstrual period and purity
period.
Imam Shafi’i (ra) takes the meaning of “quroo” to be purity period. His reasoning is that the
number “thalatha” is feminine, thus according to the Arabic grammar rule, the counted object
must be masculine. In Arabic, purity period (tuhr) is masculine, while menstrual period
(haydh) is feminine. Thus, Imam Shafi’i (ra) takes the opinion that the iddat of a divorced
woman is three purity periods.
Imam Abu Hanifa (ra), however, is in the opinion that “quroo” means menstrual period. His
reasoning is that if the talaq takes place in the purity period (issuing talaq during the
menstrual period is bid’at), only then the khaas of “three” can be acted upon without any
change. If we were to follow the stand of Imam Shafi’i (ra), then there would be two
possibilities: the iddat would be 2-and-some-fraction tuhr periods (if the tuhr period in which
talaq is issued is included) or 3.5 tuhr periods (if the tuhr period in which talaq is issued is
not included). In both cases, we would not be able to act upon the khaas of exactly “three”.
Thus, only by taking “quroo” to mean menstrual period can we act upon the khaas of three.
In Surah Baqara QS 2:275, Allah SWT says that bay’ is permissible whilst riba is
impermissible. However, one can be confused because both the words bay’ and riba
basically mean to increase. Thus, we are aware that the kind of increase that is
impermissible is the one that is explained by the Prophet SAW in the Hadith regarding riba.
Thus, bay’ (trade) is generally permissible (aam) except for some trades which do not
comply with the instruction of the Prophet SAW, i.e. trading an item with the same item but of
different amount, or trading gold and silver with their kind of different amount or not on the
spot (makhsoos anh ba’dh).
c) Mutlaq
In Surah Noor 24:2, Allah SWT says in the ayah of hadd punishment that a fornicating man
and a fornicating woman should be given 100 lashes. The punishment of 100 lashes is
mutlaq (general, unrestricted), hence we will not add exile as an additional punishment for
fornication. There is a khabar-e-wahid in which the Prophet SAW said, “If an unmarried man
fornicates with an unmarried woman give them 100 lashes and exile for one year.” The
Hanafi scholars have reconciled the Quran and the khabar-e-wahid by stating that the Shar’e
punishment for fornication is flogging, whilst the qadhi may give an additional punishment of
exile on a case-by-case basis.
d) Muqayyad
Surah Mujadila QS 58:3-4 talks about the kaffara of a man who pronounces zihar to his wife.
The Quran states that the kaffara is freeing a slave before the couple can have relations
again. If one cannot fulfill this kaffara, then he must fast for 60 consecutive days before they
can have relations again. If one is unable to fast, then he should feed sixty poor people.
The first two kaffaras are muqayyad (restricted), in the sense that the man who does zihar
must pay the kaffara first before he can have relations with his wife. However, the third
kaffara is mutlaq (general), thus Imam Abu Hanifa (ra) is in the opinion that the muzahir is
allowed to have relations with his wife during the process of feeding, and he does not have
to restart the feeding of sixty people if he has intercourse with her during the process of
feeding.
e) Muawwal
The statement “You are upon me like my mother” which is said by a man to his wife is
mushtarak (it has more than one meanings). The meaning can be either to give respect to
his wife that she is equally respectable as his mother, or to make her haram upon him the
way her mother is haram upon him to marry. The man will be considered to have done zihar
according to his intention. If he does intend to make his wife haram upon him, then in this
case the muawwal will be hurmat. On the other hand, if his intention is to give respect to his
wife, then the muawwal will be taken as so.
Question 2
What is the difference between qati daleel and zanni daleel? Give an example of how each
has been used in usool-e-fiqh.
Qati daleel is a daleel (evidence) whose source is very authentic. Included in qati daleel are
the Quran, khabar-e-mutawatir and khabar-e-mashhoor. There are so many transmitters of
these, such that it is impossible to say that all of them are lying.
Zanni daleel is a daleel (evidence) whose source is still authentic, but slightly less than qati
daleel. An example of qati daleel is khabar-e-wahid (a Hadith that is narrated by a single
Sahabi).
The rule in usool-e-fiqh is that a qati daleel can be used to explain a qati daleel, whereas a
zanni daleel can be used to explain a zanni daleel. A zanni daleel cannot be used to explain
a qati daleel.
For example, as discussed earlier in Question 1 regarding aam makhsoos anh ba’dh, in
Surah Baqara QS 2:275, Allah SWT says that bay’ is permissible whilst riba is impermissible.
However, one can be confused because both the words bay’ and riba basically mean to
increase. In this case, the Quranic ayah has become zanni because we are unsure of what
kind of bay’ is impermissible and what is not. Thus, we are able to explain this by using the
zanni daleel of a khabar-e-wahid Hadith narrated by Ubadah bin Saamit RA, that the
Prophet SAW said: “Sell gold in exchange of equivalent gold, sell silver in exchange of
equivalent silver, sell dates in exchange of equivalent dates, sell wheat in exchange of
equivalent wheat, sell salt in exchange of equivalent salt, sell barley in exchange of
equivalent barley, but if a person transacts in excess, it will be usury (riba). However, sell
gold for silver anyway you please on the condition it is hand-to-hand (spot) and sell barley
for date anyway you please on the condition it is hand-to-hand (spot).” Thus, bay’ (trade) is
generally permissible except for some trades which do not comply with the instruction of the
Prophet SAW.