Usul Fiqh

The Department of Fiqh & Usul Fiqh
AbdulHamid AbuSulayman Kulliyyah of Islamic Revealed Knowledge and Human Sciences
International Islamic University Malaysia
Introduction to Principles of Islamic Jurisprudence
RKFQ 1320
Section 1
THE CONCEPT OF DILALAT AN-NASS AND IQTIDA’ AL-NASS AS

DISCUSSED BY MUSLIM USULISTS
Prepared by:
Nadhiroh binti Mohd Asri (1814286)
Prepared for:
Dr Mohd. Afandi bin Awang Hamat

TABLE OF CONTENT
INTRODUCTION………………………………………………………………………….. 3
1. DEFINITION OF DILALAT…………………………………………………………… 3-4
2. DILALAT AN-NASS…………………………………………………………………….. 4
2.1. Definition………………………………………………………………………... 4-5
2.2. Examples from the Nas………………………………………………………….. 5-6
3. IQTIDA’ AL-NASS………………………………………………………………………. 6
3.1 Definition………………………………………………………………………… 6-7
3.2. Categories of Dilalah Al-Iqtida’............................................................................. 7
3.2.1. Something that must be destined or raised the truth of a statement…… 7
3.2.2. Something that must be raised for the truth of an expression or logical
sentences……………………………………………………………….. 7
3.2.3. Something that must be predestined or raised for the validity of a syar'i
Expression……………………………………………………………… 7
3.3. Examples from the Nas…………………………………………………………... 8-9
4. HUKM DILALAT-DILALAT...………………………………………………………….. 10
5. THE STRENGTH OF THE AHKAM…………………………………………………… 10
6. THE COMPARISON OF THE AHKAM BETWEEN THE SECTS………………….. 10
6.1 The Comparison of the Terms…………………………………………………….. 10
6.2 The Comparison of the Meaning and Purpose……………………………………. 10-11
6.3 The Comparison of the Context Difference in an-Nass…………………………… 11
CONCLUSION……………………………………………………………………………….. 12
REFERENCES……………………………………………………………………………….. 13
2
INTRODUCTION
In legal istinbaṭ with a linguistic approach, the first thing that gets the attention of usul fiqh scholars
is the meaning of lafadz in relation to the position of lafadz in a sentence. For further discussion
about lafadz widen the study of lafadz by looking at it from various sides. Therefore, usul fiqh
scholars in the classical period have discussed the existence of lafadz and its meaning at length in
their books. Due to the length and breadth of the studies on lafadz carried out by usul fiqh scholars
in the classical period, several contemporary scholars have tried to classify them into several
categories.
According to scholars of the Hanafi school, there are four types of ways in which the lafadz
can be interpreted against the meaning, while according to Jumhur and scholars of the Shafi'i
school, there are five.1 For that, the debate about it can be explained in two ways and opinions. This
paper will focus on the discussion according to the Hanafi school and only through two parts,
namely Dilalah an-Nass and Iqtida' an-Nas.
One more final thing, it is to be noted that a legal text can also be understood by employing
one or more of the types of textual implications. The interpretation that is reached may be stated in
the text's words, by the signals that appear in it, through inference, or by the addition of a missing
piece. These legal construction procedures can be used alone or in combination, and they are all
intended to bring the text to its correct and logical conclusion.
1.0 Definition of Dilalat
Linguistically, dalalat comes from the basic word of the word ‘dal-la’ which means to show and the
word dalalat itself means guidance or indication of dalalat. While dalalat according to the term is
the indication of a written word to a meaning that can be understood so that with that meaning we
can draw legal conclusions from a written argument. In other words, dalalat lafadz is the meaning
or understanding shown by a written word and on the basis of that understanding we can know the
legal provisions contained in a written argument. Nas al-Qur'an and as-Sunnah are a group of
lafadz-lafadz which in usul fiqh are also called dalil and each dalil has its own dalalat or dilalat.2
What is meant by dalil here, as explained by Abdul Wahab Khalaf is, "Everything that can
be used as a guide by using the right thinking to establish or find practical syariah law, whether it is
qoth'iy or zhanniy." Therefore, it can be understood that, in principle, what is referred to as a legal
argument or evidence is everything that can be used as a reason or basis in an effort to find and
establish syara law' on the basis of true and accurate considerations.3
1
Abdul Latif Muda and Rosmawati Ali, “Cara Dilalah Terhadap Makna Pendapat Pertama: Cara Ulama Hanafi,” in
Perbahasan Usul Al-Ahkam (Kuala Lumpur, Malaysia: Pustaka Salam, 2001), pp. 359-362.
2
Melin Meilina, “Macam-Macam Dalalah,” MAKALAH MACAM-MACAM DALALAH, May 9, 2021,
https://www.academia.edu/48856988/MACAM_MACAM_DALALAH.
3
Ibid.
3
Meanwhile, what is meant by dilalah, as explained by Dr. Wahbah Zuhaili in his ushul book,
"Dilalah is a way of indicating a word for a meaning or indicating a word for something meant by
mutakallim".4 Thus, Dilalat brings great role in the learning of usul fiqh.
2.0 Dilalat an-Nass
2.1. Definition
Dilalat an-nass means the implication of the text.5 It is when there is a text that textually shows the
law of a case and then that law can be applied to other cases because of the same legal causal
factors (Zahrah, t.th; 141). According to as-Sarakhsi (d. 490 H), dilalat an-nass is a law that is
established through the meaning of sentence structure with a linguistic approach and not through
istinbaṭ method using reasoning power (as-Sarakhsi, 1993; 241).6
According to Ab. Latif Muda & Rosmawati Ali (2001), Dilalah al-Nas define as the law that
is mentioned in the nas still applies to what is not mentioned in the nas. That is because there is an
association or sharing of the 'illah angle of law between the two through an understanding of the
language angle, without the need for ijtihad, in-depth research and istinbat. In other words, it carries
the meaning of the understanding that is understood in relation to another law that is understood
from the meaning of the text because there is a factor as the same cause.7 Therefore, the law
obtained and understood through Dilalat an-Nass is taken from the meaning of the nas itself, not
from its lafadz.8
Besides that, dilalat an-nasṣ is also called ‘Fahwa al-Khiṭab’.9 Some of the scholars named it
‘Dilalah al-Dilalah’ and some of them named it ‘Fahwa al-Khitab’. Scholars of the al-Syafi'i sect10
and the majority of scholars11 named it as ‘Mafhum al-Muwafaqah’ because there is a match
between the Dilalat and what is shown by the 'ibarah or text. While Imam al-Syafi'i himself
mentioned it in the category of al-Qiyas al-Jaliy.12
4
Ibid.
5
Nyazee Imran Ahsan Khan, “The Four General Literal Methods of Establishing the Ahkam (Dalalat),” in Islamic
Jurisprudence: Uṣūl Al-Fiqh (Selangor, Malaysia: The Other Press, 2003), pp. 285-288.
6
“Bab II Metode ISTINBĀṬ Hukum A. Pengertian Istinb - Uin Walisongo,” Kawasan Zona Intergritas Universitas
Islam Negeri Walisongo Semarang, accessed May 3, 2023,
https://eprints.walisongo.ac.id/id/eprint/7513/3/125112086_bab2.pdf.
7
8
9
Ibid.
10
11
12
4
In addition, among the Hanafiyah scholars, there is a difference of opinion regarding the
meaning of dilalat an-Nass However, they found common ground that what is meant by Dilalat
Aan-Nass is that the law mentioned in the text which is ‘manṭūq’ also applies to cases not
mentioned in the text o in the Arabic term, ‘maskut’ because it has the same meaning (al-Khin,
2000; 298).13
Plus, a person who understands Arabic will be able to define that Allah or the Prophet
(SAW) did not intend the literal meaning in that circumstance. It is recognised through its literal
utterance, without the need for ijtihad or istinbat.14 This also means an ‘illat is not only known by
ijtihad experts but also understood by experts in language with linguistic analysis.15
2.2 Examples from the Nas
The examples of dalālah an-naṣ are the following verses:
The first one is regarding the prevention of destroying the property of orphans or neglecting
to take care of them. Allah said in the Quran,
"Indeed, those who eat the property of orphans unjustly, in fact, they swallow the fire whole
of their stomachs and they will enter into a blazing fire (hell)" (QS. An-Nisa ': 10)16
Using the method of ibārat an-naṣ, the verse explains the prohibition of eating the property
of orphans unjustly. Logically, the reason for the prohibition is to spend and squander the assets of
orphans in an improper way. So with the dalālah an-naṣ approach, it means that all acts of spending
and squandering the wealth of orphans are categorized as the same as eating them in an unjust
way.17
Additionally, it can be understood from the verse through the method of Dilalah an-Nas or
without needing to istinbat and an in-depth study about the prohibition of destroying the property of
orphans. That is because there is a similarity in the angle of 'illah law about what is mentioned in
the text with what is not mentioned in the text.18
13
14
Abdul Aleem, “Section Nine: Understanding Meanings From Texts,” in Introduction to Usul Ul-Fiqh According to
the Hanafi Sxhool (London, UK: Darul Ilm Birmingham, 2015), pp. 50-56.
15
16
Al-Quran
17
18
5
The second example is related to communication with parents. Allah said in the al-Quran
which means,
"So do not say to them (any rude words) even the word 'ah'." (QS. Al-Isra’: 23).19
The text in the phrase or phrase of the verse explains the forbidden law of saying 'ah' to
parents. Understandably, if saying 'ah' is forbidden, because of that hitting and insulting them is
even more forbidden. This is because saying 'ah' is the simplest word that can hurt them. For that
reason, the law can be understood through the text of the verse without the need for istinbat, even
sometimes the law can be known directly from the lafadz.20
Imam Abu Yusuf says, because dilalat an-nass is based on the ‘illah or cause, which is based
on its customary meaning, if a group of people thought that asking his mother to prepare his meals
was not impolite, then that will not be considered forbidden. Therefore, 'urf influences what is
permitted, as local culture governs what is deemed polite and disrespectful.21
3.0 Iqtida’ an-Nas
3.1 Definition
Iqtiḍā' an-naṣ means the requirement of the text by necessity. The word iqtida' is Arabic for
"demand" or "requirement."22 It is a Dilalat lafadz for a meaning that cannot stand alone except by
prescribing or inserting another lafadz.23 This need is required for grasping the meaning of the text;
else, acting on the hukm in the text will be difficult.24
Besides that, it is also defined as Dilalat or the designation of the lafadz of something that is
not mentioned depending on the truth of the speech, syara’ and logic of the mind about what is
silent, that is based on its taqdir in the speech.25 In other words, this is when there is a concealed
particle within a statement that must be assumed in order for the sentence to make sense in that
particular case.26 For instance, as one Hadith mentioned by the Prophet, said,
19
Al-Quran
20
21
22
23
24
25
26
6
"Every Muslim is forbidden by his blood, his property and his honour for other Muslims."
(Narrated by Muslim)27
The prohibition stated in this hadith is not the aspect of a Muslim's essence or his blood
essence or his property and honour, but the factor of enmity. Therefore, in order for the hadith to be
clear, it is necessary for taqdir or taqdir with the lafadz of enmity, that is al-iqtida'.28
Finally, according to al-Sarakhsi, what is demonstrated in this manner is identical to the

hukm proved through Dilalat an-Nass, but the latter gives stronger evidence because it is proven by
syntax. Iqtida' an-nass, on the other hand, is necessary by law to complete the conceptual meaning
and is not established by syntax.29
3.2 Categories of Dilalah al-Iqtida’
In relation to the existence of lafadz which is an insert that aims to explain the validity of sentences,
usul scholars from among the Hanafiyah, Syafi'iyah and Mu'tazilah divide it into three parts. The
first one is something that must be destined or raised to the truth of a statement. The second one is
something that must be raised for the truth of an expression or logical sentence. Finally, the last one
is something that must be predestined or raised for the validity of a syar'i expression.30
3.2.1 Something that must be destined or raised the truth of a statement
This category refers to Dilalah al-Iqtida' which must determine the taqdir of wasted words. That is
because a text cannot be understood in the right way according to Shariah, except with the taqdir of
the wasted words.31
3.2.2 Something that must be raised for the truth of an expression or logical sentences
This category refers to Dilalah al-Iqtida' which must determine the wasted words because a text
cannot be understood legitimately according to reason, but by determining it.32
3.2.3 Something that must be predestined or raised for the validity of a syar'i expression
This category refers to Dilalah Al-Iqtida' determining the wasted words because a text cannot be
legally understood according to shari'a, except by determining the wasted words.33
27
Hadis
28
29
30
31
32
Ibid.
33
Ibid.
7
3.3 Examples from the Nas
The following are examples from the Al-Nas, arranged by the categories of Dilalah al-Iqtida’.
An example of the first category is from the Hadith, narrated by Ibn Abbas Ra. said, the
Messenger of Allah said:
"Indeed, Allah raised from my people wrong deeds, forgetfulness, and compulsion."
(Narrated by Ibn Majah)34
Textually this hadith implies that mistakes, forgetfulness and compulsion have been revoked
so that there are no more forgetting, mistakes and compulsions that occur to mankind. But the
reality is contrary to this hadith because humans have the nature of forgetting and also cannot avoid
mistakes. Therefore, the hadith must be predestined with iṡm, which means sin. It means iṡm
al-khaṭā' wa an-nisyān meaning sin of mistakes and forgetting so that the sentence becomes true.35
Besides that, there is also another example. According to the hadith of Hafsah's narration,
the Prophet said,
"It is not (valid) to fast if someone does not set the intention at night." (Narrated by Abu
36
Daud)
The hadith must be predicated on the lafadz of al-Sihah or sah so that it can be understood
clearly and correctly. If it is not destined with al-Sihah or legal meaning, it cannot be understood
correctly.37
Next is the examples of the second category which is something that must be raised for the
truth of an expression or logical sentences. The first example is, as Allah said in His Book,
"Then let him call his group (to save him)." (QS. Al-’Alaq: 17)38
The word 'al-Nadi' in the verse means ‘place’, which according to common sense is
impossible to call. Therefore what is meant is ‘the people who are in that place’. Therefore, the
verse determines the lafadz of 'Ahlun' with the meaning of 'inhabitants'. Thus, make the understood
meaning of the verse from "Then let him call his place" to "Then let him call his group".39
34
Hadis
35
36
Hadith
37
38
Al-Quran
39
8
The second example is, as Allah said in the following verse:
"And ask (the inhabitants of) the land in which We were there" (Q.S. Yusuf: 82)40
The editorial of the verse feels that something is missing because it is impossible to ask a villager
who is not a living being. Because of that, it is necessary to come up with a word so that the
expression becomes true and matches its meaning. The word that should be raised is “population”
before the word “village” because those who can be asked questions and give answers are
villagers.41
Finally, the following examples are for the third category of Dilalah Al-Iqtida’ which is
something that must be predestined or raised for the validity of a syar'i expression. The first
example is, Allah said;
"Then he set free a slave who believes”. (Q.S. an-Nisa': 92)42
To clarify the meaning of "he freed a slave"', the command word "harriru" (free) was raised
to explain that in fact, the verse contained an order to free slaves (Adib, 1993; 548-549).43
As for the second example and also the last one, Allah said,
"So whoever (the murderer) gets forgiveness from his brother (the killed party), then (the
person who forgives) should use a good way (in demanding compensation for his life), and
(the murderer) should pay (the payment replace that life) as best as possible.” (QS.
Al-Baqarah: 178)44
The verse explains that if the family of the victim who was killed forgives, it should be
followed by a good attitude from the person being forgiven. That is, in connection with the attitude
of forgiving, compensation in the form of property is expected by the family of the victim or the
person who forgives. Because the good attitude of the person who gives forgiveness should not
happen without being compensated by the killer or the killer's party. It is in line with the hadith
narrated by Abu Shuraih al-Khuza'i, His Majesty said which means, "Whoever (one of his family
members) is killed or injured and wounded, he must choose one of three things. If he desires the
fourth, do not grant his desire. That is: Qisas, forgiving or diyat.”45
40
Al-Quran
41
42
Al-Quran
43
44
Al-Quran
45
9
4.0 Hukm Dilalat-Dilalat
The determination of the law through the two dilalat mentioned is based on qat'i and yakin, unless
there are other external elements that change the law to zanni, such as Takhsis and ta'wil. Among
other things, all these arguments are recognized as Dilalah al-Mantuq, which is Al-mantuq al-Nas
which is the opposite of Dilalah al-Mafhum, which is the Mafhum of the Mukhalafah. That is
because the lafadz is based on the meaning of the lafadz, whether the meaning of the lafadz is from
the point of view of 'ibarah or isyarah or it is based on the need for the lafadz without the Dilalah.46
5.0 The Strength of the Ahkam
The strength of the ahkam demonstrated by each approach is determined by the sequence in which
they were studied. Thus, a hukm established by Dilalat an-nass is more powerful than Iqtida'
an-Nass,47 and Iqtida' an-Nas is the weakest or lowest dilalat, according to Hanafi scholars.48 The
significance of granting these approaches strength grades is that the stronger will be favoured over
the weaker in the case of a dispute.49
6.0 The Comparison of the Ahkam between the Sects
6.1 The Comparison of the Terms
From the point of view of the terms used, the Hanafiyah group uses dilalat an-nass, and iqtida'
an-nass and also other two which does not mention in this study. While the Usul Mutakallimin
group uses terms such as mantuq sarih, gair sarih, among which are dilalah iqtida', mafhum
muwafaqah, and mafhum mukhalafah. The two groups agreed in using the terms isyarah and iqtida'.
6.2 The Comparison of the Meaning and Purpose
In terms of meaning and purpose, the pronunciation of the two terms also has the same substance.
That is, iqtida' meant by Hanafiyah is the same as what Mutakallimin meant. For the Hanafiyah
group, iqtida' is the division of the core of the pronunciation, while for the Mutakallimin, it is part
of the mantuq gair sarih.
Based on the definitional approach, it is also known that there are different terms from the
two groups that have the same substance, such as the term dilalah an-nass for the Hanafiyah is
known as the term mafhum wuwafaqah according to the Mutakallimin. The difference is,
Mutakallimin divides the concept of mukhalafah into fahw al-khitab and lahn al-khitab, while
Hanafiyah does not elaborate on dilalah an-nass. From the previous description, it can be
46
47
48
49
10
understood that the Hanafiyah do not recognize the concept of mukhalafah, even considering it as a
corrupt istidlal.
6.3 The Comparison of the Context Difference in An-Nass
In the context of an-nass or the concept of muwafaqah, mutakallimin groups such as Syafi'i,
Hambali and ar-Razi' place it as Qiyas. According to some Mutakallimin scholars, especially from
the Ash'ariyah and Mu'tazilah groups, who stated that the concept of mukhalafah is not Qiyas but a
meaning that can be immediately obtained from the actual situation. The Hanafiyah community
agreed not to make dilalah an-nass as Qiyas because the determination of the law is obtained from
an understanding of the meaning of the nass, not through qiyas.
11
CONCLUSION
To conclude, dilalat al-nass is the lafadz of the legal meaning of something that is silent or not
stated by the text, in accordance with the legal meaning of something stated by the text, and the
designation is based on a logical ratio or the meaning it contains. Meanwhile, Dilalat al-Iqtida' is the
meaning of a word that is inserted implicitly, in the understanding of a certain redaction that cannot
be understood directly except with the insertion. Dilalat al-iqtida or iqtida' al-nass is an indication of
the meaning of the law that is hidden in the text, which is actually demanded by logic or ratio logic
so that the meaning of the text as a whole is logical according to syar'i or ratio. Clearly, when there
is a text, and it cannot be understood logically according to ratio or syar'i, it must be assumed by
assuming a certain meaning of law so that it can be understood logically according to ratio or syar'I.
such an understanding is what is called dilalat al-Iqtida'.
12
REFERENCES
Abdul Aleem. “Section Nine: Understanding Meanings From Texts.” Essay. In Introduction to
Usul Ul-Fiqh According to the Hanafi Sxhool, 50–56. London, UK: Darul Ilm
Birmingham, 2015.
Al-Quran
“Bab II Metode ISTINBĀṬ Hukum A. Pengertian Istinb - Uin Walisongo.” Kawasan Zona
Intergritas Universitas Islam Negeri Walisongo Semarang. Universitas Islam Negeri
Walisongo Semarang. Accessed May 3, 2023.
Hadis
Khan, Nyazee Imran Ahsan. “The Four General Literal Methods of Establishing the Ahkam
(Dalalat).” Essay. In Islamic Jurisprudence: Uṣūl Al-Fiqh, 285–88. Selangor, Malaysia:
The Other Press, 2003.
Meilina, Melin. “Macam-Macam Dalalah.” MAKALAH MACAM-MACAM DALALAH, May
9, 2021. https://www.academia.edu/48856988/MACAM_MACAM_DALALAH.
Muda, Abdul Latif, and Rosmawati Ali. “Cara Dilalah Terhadap Makna Pendapat Pertama: Cara
Ulama Hanafi.” Essay. In Perbahasan Usul Al-Ahkam, 359–62. Kuala Lumpur, Malaysia:
Pustaka Salam, 2001.
13

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The Department of Fiqh & Usul Fiqh

AbdulHamid AbuSulayman Kulliyyah of Islamic Revealed Knowledge and Human Sciences

International Islamic University Malaysia

Introduction to Principles of Islamic Jurisprudence

THE CONCEPT OF DILALAT AN-NASS AND IQTIDA’ AL-NASS AS

Nadhiroh binti Mohd Asri (1814286)

Dr Mohd. Afandi bin Awang Hamat

1.0 Definition of Dilalat

2.0 Dilalat an-Nass

2.2 Examples from the Nas

The examples of dalālah an-naṣ are the following verses:

3.0 Iqtida’ an-Nas

Finally, according to al-Sarakhsi, what is demonstrated in this manner is identical to the

3.2 Categories of Dilalah al-Iqtida’

3.2.1 Something that must be destined or raised the truth of a statement

"Then he set free a slave who believes”. (Q.S. an-Nisa': 92)42

5.0 The Strength of the Ahkam

6.0 The Comparison of the Ahkam between the Sects

6.1 The Comparison of the Terms

6.2 The Comparison of the Meaning and Purpose

6.3 The Comparison of the Context Difference in An-Nass

Intergritas Universitas Islam Negeri Walisongo Semarang. Universitas Islam Negeri

Walisongo Semarang. Accessed May 3, 2023.

(Dalalat).” Essay. In Islamic Jurisprudence: Uṣūl Al-Fiqh, 285–88. Selangor, Malaysia:

The Other Press, 2003.

Meilina, Melin. “Macam-Macam Dalalah.” MAKALAH MACAM-MACAM DALALAH, May

Pustaka Salam, 2001.

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