Categories of phrases

The Qurrat Al ayn is a commentary written by Imam Hattab Al Maliki which expounds upon the Sharh al waraqat written by Imam Juwayni. Imam Hattab elaborates upon what are the terminologies that are found in Usul al fiqh so that you recognize them during rulings as well as the different categories of rulings and now the categories of speech/phrases. Qala musanaf “the science of usul al fiqh (that is being covered by the waraqat) is an investigation into the paths (tarooq) in a summarized format”. Such as

• Kalam (Speech) that is connected to Command and Prohibition
• Actions of the prophet
• Ijma
• Qiyas
• Istihab preference discretion to choose
• General and the specific
• The vague and the clear

That which is in need of explanation

There are two different distinct forms of topics related to usul al fiqh, that which is investigated and that which does not need investigation because its reality is Qati’ What is being dealt with in this book (Qurrat al ayn) is that which investigated (is in need of being expounded upon) which is the opposite of that Qati’ clear cut topics that a student of Islam would know by necessity, Qurrat al ayn will fill in the blanks regarding that which is less known and lesser trekked issues.

Examples of clear rulings that do not need much investigation

Imam Hattab al Maliki list many issues that do not fall under usul al fiqh as they are clearly established such as Ijma (consensus) the daughter of a son is 1/6^th in inheritance. Inheritance in general are pretty well worked out or in qiyas such as rice is equivalent to wheat in that it is not permissible to be sold in the equivalent transactions, rice can be equated to wheat. Likewise you are not allowed to commit zina that is very clear, there is no usul debate on if zina is halal or not (although there may be some who wish that there was), in our class in muqaddima al izziya chapter 10 a man did zina (mutah) he wanted to do an usul debate (regarding why what he did was justifiable as a Sunni) but Imam Qadi iyaad was not bothered to debate such a thing as its Qati’ (clear) that zina is prohibited(as well as punished). Prayer is an example although it is detailed we don’t have to do much investigation upon it or its obligation. Another case in something the prophet did not explain in as much detail and less elaborated is the fiqh this book intends to teach you.

What is Istishab?

Istihab means something is like something that it is not. If someone doubts If they have wudu or not, all of this is not usul as fiqh as its well established in the sources and if you do see them come up in the usl al fiqh books they are being used in examples to teach you. And the methodology of derivation of proofs that is by it, basically you would use deduction simple case to general cases and use usul al fiqh to resolve contradiction which seem apparent. (to make sense from the sources)

What is the overall goal of Usul al fiqh in simple terms?

Islam is a comprehensible system where all aspects fit together like the pieces of puzzle but its possible due to lack of knowledge and context to believe there to be a contradiction in example When you have 2 authoritarian sources such as 2 hadith which are sahih but they appear to contradict or cancel each other out, usul al fiqh is there to solve that which seems to contradict although there is no contradiction in the religion but to clarify what was misunderstood. The prophet is infallible in his ability of revealing the religion (faithfully transmitting the information) although he the prophet was not perfect in his worldly affairs, from usul al fiqh we are trying to understand the two principles which arise from the two hadith. If two hadith address the same issue but they differ in an essential way maybe one is the general rule and the other is an exception that is what Imam hattab is saying regarding this point!

The “Howness” of Usul al fiqh

Imam hattab is commentating when imam juwayni says regarding the kayfiya the howness of its paths he is saying when talking about how its done and way you do usul al fiqh, in other words its different areas how it is all done (preformed), we must first discuss the person who does it (preforms the action) which is the mujtahid. The Mujtahid is in a sense the mujahid of the mind who combats Bidah, falsehood and misconceptions to protect and preserve the religion similar to a soldier of the Islamic territory who would defend the boarders from the enemy who wishes to absorb it the Mujahid protects Islam from the Liar, the kuffaar and the unlearned. What the sheikh is saying in his last paragraph is that these 3 things are what consist of the we call the name of this Art which is the art of usul al fiqh!

Usul al fiqh consist of 3 main topics

1. The general paths of fiqh (subjects)
2. The kayfiya of isdithal (how to derive proofs) do we do qiyas or not etc
3. The characteristics (attributes) of the person who does usul al fiqh (mujtahid aka The Mujahid of fiqh) he studies the means of deriving proofs and he does it (arrives to legal judgements).

In the book Sharh al waraqat it will cover many categories all of which are below listed, these listed categories is the bulk of the science of usul al fiqh included in sharh al waraqat which we must go threw all of these in order to say we have learned and understood the sharh al waraqat

Usual al fiqh Ijma (its subjects in summery)

1. Aqsam al kalam (its all written in the book qurrat al ayn) (categories of speech)
2. Al amr wal nahi (command and prohibition)
3. Al ‘amm wal khass (general and specific categorical applicability)
4. Al Mujmal wal mubayyan (Veigh clear and apparent) (Quran has clear and veigh verses by design)
5. Al Zahir Interpreted source (some manuscripts have this)
6. Al Af’al (the actions of the prophet)
7. Al nasikh wal mansukh (the abrogator and the abrogated) (Verses of Quran or Hadith)
8. Ijma (Scholarly census)
9. Al Akhbar (Statements and narrations which are deduced)
10. Qiyas (analogy, analytical reasoning)
11. Al hazr wal Ibuhah (Prohibitions and permissibility)
12. Tartib al adillah (the order of proofs, the hierarchy and precedence of evidcnces)
13. Ahkham al mujtahidin (Rulers pertaining to personal reasoning)
14. aspects of the mufti and the person who ask for fatawah

All text need a authoritative interpreter and its effect upon the hadith literature

Imam Hattab sums up this area aka doors which will be opened in this book(the categories listed above). Text must be interpreted that includes Islamic and non Islamic text,this is very important point we are about to go into! Why is written text in need of interpreters? If we did not have a chief authority people would go astray by making up any bogus arguments as they please not to mention it would remove the prestige of the sacred knowledge as if there was no science of hadith any narration would be narrated causing the hadith to no longer being seen as an authoritative source as people would not know what is from the prophet and what is stated by a man .

How would this effect the science of usul al fiqh?

If there was no science of usul al fiqh fatawa would not be taken as something authoritative as rulings are derived from the Hadith sources which if not believed to be from the Prophet would remove the urge and logic of following the rulings when submitted by our esteemed Islamic Jurist. All religions needs an interpretative authority in order for it to have its authority as the original author of the text is not present. In the case of Islam Allah is the author of the Quran and the prophet is its interpreter and he left behind his hadith so that the Muslims would interpret the Words of Allah.

Ibn Rajab al Hanbali refutes those who do not follow a madhab

Ibn Rajab writes in “Al Radd ala man Ittaba Ghayr al Madhahib al Arba’a” which means refutation of those who do not follow the 4 schools in which he rebukes the arrogant hot headed “Ghair Muqalid” people whom do not have the knowledge to take and leave off from the 4 Madhab which are the schools of interpretive authority to preserve the knowledge of Islam. To refuse a Madhab insinuates you are among the chief authoritative interpreters of the religion whom can make Ijtihad from the foundational sources. Ibn Rajab Al Hanbali mentions the modes of recitation and the wisdom of gathering the Muslims upon one mode of recitation I corroborate his sentiment and add the the Madhahabs are similar in the sense it puts the Muslims on the same page and connects them with the true authoritarian of the religion, if you do not study in the way that produced the great scholars of old how do you expect to have their outcome by skipping traditional learning?

The interpretive authority of the Sunni Muslims

The view of Sunni Muslims regarding this point is that the interpretive authority is held by the educated Sunni Muslims scholars of haqq, a single Mujtahid would not be the binding view of the Ummah but the collection of the Muslims whom have studied the religion. The shia view is that the prophets family or infallible imams are the main authority in the religion. Sunnis see the Ijma of infallible men whom some are wrong some are right as if they come to an conclusion its impossible that they all be incorrect, this means it is an undefined amount (we spoke about this in the introduction of the usual al fiqh) establish a ijma upon a point. One of the benefits of the Sunnis view as its difficult to have a strange views as you cannot get all of the Muslims as a whole to misguide themselves as a single man could as in the case of the pope supporting homosexuality.

The Interpretive authority of the Shiites

The twelver shiites have fewer mujtahids than Ahlul Sunnah which number about 50 or so who have absolute monopoly upon interpretive authority. If you were a shiite in need of fiqh you would choose the view of one of the Mujtahids and only his view as a legal authority and interpretive in the religion you would not mix and match between different Imams which is quite different than Sunni Muslims. Among the shiites Ali al-Husayni al-Sistani is the most popular Mujtahid in the Shia world. Considering that there is only a few mujtahids (that the shia can take fiqh from) its easy to go astray as whom would correct the Imam of a wrong view? The Ismaili shiites believes the Ismaili shiite Imam is the infallible Imam in the religion and you would blind follow his opinions where some 12vers don’t believe their Mujtahid are infallible which is a difference between the two shiite sects!

The Interpretive authority of the Catholic church

The historical catholic church had the concept of the “Magisterium” which is the catholic collective within the church, The modern church is of the view that the pope is always right in infallible in religion and as we have seen in our modern times the view of the modern pope contradicts the views significantly that his predecessors. There must be rules to interpret text and leaving the views onto one man alone has its consequences upon the views of the followers of the religion who take from the interpretive authority.

The composition of speech in the Arabic language

What does this mean? How is it composed? The least that speech can be composed of (In Arabic language) is two nouns. This is very specific to the Arabic language, why? The most simple sentence you can make in Arabic (nominal sentence) is called jumla ismiyah a name and noun such as Allahu Ahad Allah is a noun and Ahad is a noun Is aka hu is not a verb Kana kun but general it is not a verb with just 2 nouns you can make a statement. If you say one name its an ism not a speech, In university linguistics say that one word is speech but the classical Arabic linguist is that its not speech but it can have an explicit meaning to call someones name Ahmed it implies hello Ahmed look at me so one word can be similar to speech through its implied meanings but 2 words is the lowest for speech in English you need a noun and a verb.  You need subject Is and object or else in English you have not made speech but said words. Imam hattabs says “You can have a verb and noun kama zayd” aka zayd stood or you can have a verb and a particle (word like The min) Ma Qama he didn’t stand Ma is a harf particle. Subject is implied in the verb as its in the male perfect tense qama, if its qamat it would be feminine. You would need 2 ideas of something to make it speech zayd, stands. Some of the language topics is universal other is specific to Arabic

Recap – The simplest form of speech is a Jumla Ismiya

The simplest form of speech is a jumla ismiya – a sentence of two nouns like Allahu ahad, in this there is no explicit verb but 2 nouns yet it is a sentence and considered speech. In books like Ajrumiya, Qatr nada etc they mention you can have a sound a word and speech. You can have a verbal sentence which is similar to the jumla ismiya such as Zaid Qam – zaid stood. You can have a verb and a particle (Harf) – Ma Qam – He didn’t stand.

Differences of opinions on what else constitutes simple speech

There is difference of opinion of it a verb and particle count as speech on its as there is no subject therefor many would say its not speech but rather the subject is implied although not in the sentence.  A noun and a particle Ya Zaid – Oh zaid (when you are calling out to someone). There is similarities with old English and Classical Arabic as many classical language due to the classical spirit (frame of mind) in the medieval Pre-Industrial world, regarding the saying of “OH” which is a similar equivalent to “YA” in Arabic or the term “Yo” which is similar but socially coded to be seen as less eloquent form of attention grabbing but it similar in terms of gaining attention. Many take “Ya zaid” to be speech as it means I am calling out to zaid – it represents a full sentence although it is not fully coded. Nuhow is the plural of nahu which is stated by Imam Hattab al Maliki.

Imam Juwayni does not go into grammatical detail regarding speech

Imam Juwayni and other usulis goal in writing their great works is to just give a basic overview of different types of sentences, Imam Hattab says they didn’t do a taqiq (go into detail) meaning Imam Juwayni does not go into great detail as many other grammarians and this is his way of giving an excuse to Imam Juwayni saying this book Sharh al waraq isn’t a book of grammar but a book of the foundations of legal theory that at a point quotes grammars but is not exclusively dedicated to that subject.

Phrases divide into 4 different types (Categories)

1. Command – That which seeks the realization of the commencing of an action. If you say Stand you intend that the listener to extend his lower limbs
2. Prohibition – do not stand up – Prohibition is the opposite of command – when you declare it can
3. Declaratives – Zaid came zaid did not come – The possibility of truth – the
4. Interrogatives – (In English you must add do and conjugate the verb as did he comeetc) Seeking the information about something in this case did Zaid come

(These grammatical rules and categories can also be found in English)

Phrases also divide into 3 more types

1. Tamanin (fancy) – To hope for something or to wish for something – Tamina mout al assad – Which means to seek something for that is impossible or is unlikely an example is “If only my youth would return for a day” or something unlikely “If only I had the money I would do hajj”. This category does not encompass what is inevitable to happen such as “If only tomorrow would come” tomorrow will come and you cannot stop it as well as death.
2. Arad (urging) – Urging someone to do something in a kind way – in example “Will you not stay with us” it is also like exhortation which is calling someone to do something but not an order rather a urging of it
3. Qasam (Oath) – “By Allah I will do such and such thing” in Arabic they say UqsimuBillah that phrase encompasses the meanings of this categories

Phrases can also be divided into “literal speech” and “figurative speech”

1. Al Haqiqah – That which should be preserved and maintained, technically speaking what is remained in original use that is was intended to be used for. Arabic words are either on their original meaning (Mawdu’) for the ancient Arabs or another meaning other than the original Arabic terms. Some of these things describe the reality of the Arabs in the Pre-industrial deserts and so they repurpose the old words for new scenarios which is not the same as its original usage. Jamal means beauty but it originally meant Camel, Many words related to camels or tracking the stars or running caravans things old Arabs would do. When a word is used in a new context it becomes figurative. Regarding the Majaz Imam hattab says the word salat has a functional technical meaning that has a specific set of actions and certain conditions of validity and soundness and the person doing it but originally before Islam salat mean a general prayer in a general scene a prayer for something good. Another extreme daba used to

2.Al Majaz – a place of extension from its original point- that which passes from its original subject- the majaz Is not the haqqiqa. Saying Dabba to refer to a cart instead of 4-legged beast is Majaz, there are many examples of this but this example is enough to get the idea which is being displayed

A literal word can be either

1. Linguistic – referring to a specific thing or a specific action. The literal meaning is defined its original language
2. Legal – Words as defined by the grand legislator (Allah)
3. Conventional- words as defined by how people use it in that time period

What was the view of Imam Juwayni regarding which category do we take arabic words to be from?

Imam hattab says there are differences of opinions on where you draw the line on haqqia and majaz some take the view you must go to the original Arabic root meaning and they are the only real meaning and all other meanings are majaz  others take the view you can move the goal post so that Majaz is what people understand who the living speakers consider is figurative speech (a more present understanding) Imam hattab says that Imam Juwayni seems to suggest he (Imam juwayni) is of the originalist view (the original speech of Arabic pre Islam) is the Haqqia and all other is the Majaz such as the word salat etc. The authors placements of literal types of speech (aqsam kalam) in the simple statement, Imam hattab points out we went over single words although we would be talking about speech but speech is made of words hence its relevant.

1. “General Convention” in example Saying “Dabba” to refer to a cart instead of 4-legged beast which is its original usage in the time of the PreIslamic Arabs of old!
2. “Particular Convention” in example grammarians using the subject for a particular type of noun

Figurative speech can be of adding something or transitions of a meaning or borrowing of words and this category is divided into 4 distinct categories

Figurative speech is of 4 types

1. Majaz ziyada (Addition) – figurative speech by means of adding meaning

“There is nothing like unto his likeness (meaning Allah)”, the Ka when put in a preface in Arabic means there is nothing which is like and you could accomplish the same meaning with differing word choice. There is nothing like him is more to the point but what Allah says there is nothing like him that is like (unto him) the Ka is added for taqil (emphasis) and poetic understanding. There is a bit of a debate mentioned in the book which goes as following, There are some that say the Ka is not superfluous, Imam Taftazani who is a major theologian of the Ashari school of thought he says the Ka is superfluous in the case of this ayat, it’s a logical impossibility as it implies there is something like unto Allah as a means emphasis.

2. Naqsan (deletion) By means of negation

in example surah yusuf 82 “ask the town”. What does negation mean? its when you have removed important meaning from the sentence but its still a valid sentence and the listener can fill in the blank and understand(what is being intended.) When you put on your thinking cap (that phrase in itself is figurative speech) you will understand it even if at first it does not make sense (logically). You cannot ask a town as its not life but it refers to the inhabitants of the town which consist of people. Asking the town in itself is illogical but its implied meaning is clear this is the meaning of negation. There must be some sort of clear indication to what is being omitted (contextual evidence) that is clear to the mind or logical inference as we know building are inanimate therefor you are forced to take an alternative approach which is the opposite of Ziyada which gives additional meaning which is not there where as Naqsan is omitting from the sentencing and using inference. In the first case of Ka you are going from the apparent and you must reduce its meaning as its full meaning is beyond what its intending meaning is but in the case of negation you are are building up towards its intended message. If it were said the defeining limit of figurative speech is not addition or deducting and that a word is only its apparent meaning (if you can’t use speech in this way) both of these types of speech you do not use its apparent meaning and the reader and listener can understand implied meaning where by means of addition or subtraction and this is a rebuttal to those make language static (without implied meaning)

Imam Qazwini writes in the book “Summary of science of balagha – “تلخيص علوم البلاغة

the Author of “Talkhis ‘ulum ul balaghah” (تلخيص علوم البلاغة )(Talkhis is an abridgement of – Kitab al miftah by Imam sakaki which is in northern Saudi Arabia) – Imam Al Qazwini (Qazwin is a place in Iran where many scholars originated from just as imam Juwayni is from nashipur). Quoting from the Kitab (Talkhis) Imam Qazwini says “this verse is Majaz (figurative) in the scenes that the word is transferred from its original grammatical case to another (case) because of the part mithlihi is an accusative case nas because it is a predicate of Laysa which is changed because of the kaf the town is also genitive case but its changed to accusative case.” What he is saying is the grammar conjugation is indicative of the figurative nature of that verse this is fro the grammarians who will best understand it

3. Naql (Transfer) – By the transferal of meaning

Naql means to move something including yourself or an object, one phrase or a word that may have completely changed the meaning from the original meaning would have been. The Arabs would call feces “Gha’id” which means a depression into the earth because that where you would use the bathroom in and to be polite you would use one word to indicate towards something else in this case the speaker wishes to avoid saying the true word for the action due to shame and dignity. It reaches the point in no one who can speak the language to mean anything other than the Majaz Naql the transferred figurative speech. In English we say I am going to the bathroom which has a larger meaning that is completely different meaning that the words which refers to removing waste from the body not walk into the bathroom. The word Gha’id in Arabic is widespread and its meaning is known by Imam Juwayni whom Imam hattab commented on it expounding on the word Gha’id. If you accept a word as Majaz they imply its not literal but in its absolute sense its literal.

How is Naql and Naqsan different?

Saying “going to the bathroom” is almost similar to Naqsan which omits meaning as when you say going to the bathroom you are omitted what will be done in the bathroom but the difference between the two in the absolute sense is that in transferred meaning is that it consistently take on new meaning where as in the above case of Naqsan someone comes to the Naqsan understanding that is impossible as you can simply go to the bathroom to do something other than remove waste but in the case of Naq’san its impossible to speak to a town as if you did it cannot respond back making it like speaking to a idol. Although you can speak to people and not get a response Allah implies to ask with the implication to get a response and an inanimate building cannot respond and you would not expect a response from that which does not have life.

4. isti’arah (borrowing of meaing)

Allah says “a wall that wants to fall down” (surah kaf verse 77), A wall cannot fall down but when Allah says this it means Allah gives animate traits to the inanimate that the wall has a probability to fall down due to something else acting upon it causing it to almost “want” to fall down as it has been compelled to do so by an outside force.

Whats the difference between transferred meaning and borrowed meaning?

Transference (Naql) occurs through all types of figurative speech even the meaning of Majaz means to flip something from its original palce to somewhere else. Where as the Borrowed meaning is giving meaning to something that would not normally have even customarily in the sense that becomes the new meaning which would become Naql but if its an exception its borrowing an action from living as only the living can want things, the wall does not want to literally fall but it is being compelled. You can say that a computer that has been replaced with new parts is now happy although it has not consciousness but it implies that it has been improved rather is is you who are happy when the computer is upgraded. Imam Hattab is critical of this being a different category as all of this is a form of Naql in his view and I am implied to agree as its all small semantic details he considers it all Naql of different types.

Imam Hattabs view upon the Ayat

Imam Hattab adds laysa miflihi shay this is Majaz Naqal by transference as wwell in a sense as you have transferred the meaning of the negation of what is Allah likeness from the direct apparent meaning to the implied meaning and “ask the town” is a transference from ask the town to ask the people of the town and the word Gha’id is a transferred of a place one defecates to the fecal matter itself and a “wall that WANTS to fall down” is transferred from the desires to fall of a living thing to a an imagined desired to fall down.” What he intends to mean is that Imam juwani expanded the Naql into a separate category although you do not have to do so just as he Imam jyuwani has 7 categories of usul al fiqh where as we may only take the main 5 in most cases! In simple terms All figurative speech is transference of a word or phrase from its original meaning to something else which small subsidiary distinctions for example the transferal of the word lion which can a brave man which is transferring the characteristic of a wild brave lion to the temperament of a man, “Hes a lion of the Sunnah” means he was fierce in spreading defending and practicing the Sunnah as a lion is in his habitat. Sometimes in the case of a word you can add a word or take away a word, when you have linguistic figurative speech and Majaz Aqliyan which is a extensions of action to something else.

Recap of the types of figurative speech

We have literal figurative which is connected to command (as the command itself may be Majaz), Imam jauwayni gives various categories the addition or transferring of meaning. Imam Hattab adds to that but says if we wanna cut through he debate its all forms of Naqsan as that’s the spirit of figurative of speech saying one thing which means something else which would be understand to the listener. Allah uses Majaz speech and we need to learn how this works so we can tell when literal and figurative are used so we can understand the meaning of the COMMANDS.