4.1. CLASSIFICATION I: CLEAR AND UNCLEAR WORDS
From the viewpoint of clarity (wuduh), words are divided into the two main categories of clear and unclear words. A clear word conveys a concept which is intelligible without recourse to interpretation. A ruling which is communicated in clear words constitutes the basis of obligation, without any recourse to ta’wil. A word is unclear, on the other hand, when it lacks the foregoing qualities: the meaning which it conveys is ambiguous/incomplete, and requires clarification. An ambiguous text which is in need of clarification cannot constitute the basis of action. The clarification so required can only be supplied through extraneous evidence, for the text itself is deficient and fails to convey a complete meaning without recourse to evidence outside its contents. A clear text, on the other hand, is self-contained, and needs no recourse to extraneous evidence.
From the viewpoint of the degree of clarity and conceptual strength, clear words are divided into four types in a ranking which starts with the least clear, namely the manifest (Zahir) and then the explicit (Nass), which commands greater clarity than the Zahir. This is followed by the unequivocal (Mufassar) and finally the perspicuous (Muhkam), which ranks highest in respect of clarity. And then from the viewpoint of the degree of ambiguity in their meaning, words are classified, once again, into four types which start with the least ambiguous and end by the most ambiguous in the range. We shall begin with an exposition of the clear words.
I. 1 & 2 The Zahir and the Nass
The manifest (Zahir) is a word which has a clear meaning and yet is open to ta’wil, primarily because the meaning that it conveys is not in harmony with the context in which it occurs. It is a word which has a literal original meaning of its own but which leaves open the possibility of an alternative interpretation. For example, the word ‘lion’ in the sentence ‘I saw a lion’ is clear enough, but it is possible, although less likely, that the speaker might have meant a brave man. Zahir has been defined as a word or words which convey a clear meaning, while this meaning is not the principal theme of the text in which they appear.
When a word conveys a clear meaning that is also in harmony with the context in which it appears, and yet is still open to ta’wil, it is classified as Nass. The distinction between the Zahir and Nass mainly depends on their relationship with the context in which they occur. Zahir and Nass both denote clear words, but the two differ in that the former does not constitute the dominant theme of the text whereas the Nass does. These may be illustrated in the Qur,anic text concerning polygamy, as follows:
And if you fear that you cannot treat the orphans justly, then marry the women who seem good to you, two, three or four (al-Nisa, 4:3)
Two points constitute the principal theme of this ayah, one of which is that polygamy is permissible, and the other that it must be limited to the maximum of four. We may therefore say that these are the explicit rulings (Nass) of this text. But this text also establishes the legality of marriage between men and women, especially in the part where it reads ‘marry off the women who seem good to you’. However, legalising marriage is not the principal theme of this text, but only a subsidiary point. The main theme is the Nass and the incidental point is the Zahir.
The effect of the Zahir and the Nass is that their obvious meanings must be followed and action upon them is obligatory unless there is evidence to warrant recourse to ta’wil, that is, to a different interpretation which might be in greater harmony with the intention of the Lawgiver. For the basic rules of interpretation require that the obvious meaning of words should be accepted and followed unless there is a compelling reason for abandoning the obvious meaning. When we say that the Zahir is open to ta’wil, it means that when the Zahir is general, it may be specified, and when it is absolute, it may be restricted and qualified. Similarly the literal meaning of the Zahir may be abandoned in favour of a metaphorical meaning. And finally, the Zahir is susceptible to abrogation which, in the case of the Qur’an and Sunnah, could only occur during the lifetime of the Prophet. An example of the Zahir which is initially conveyed in absolute terms but has subsequently been qualified is the Qur’anic text (al-Nisa’, 4:24) which spells out the prohibited degrees of relationship in marriage. The text then continues, ‘and lawful to you are women other than these, provided you seek them by means of your wealth and marry them properly. . .’ The passage preceding this ayah refers to a number of female relatives with whom marriage is forbidden, but there is no reference anywhere in this passage either to polygamy or to marriage with the paternal and maternal aunt of one’s wife. The apparent or Zahir meaning of this passage, especially in the part where it reads ‘and lawful to you are women other than these’ would seem to validate polygamy beyond the limit of four, and also marriage to the paternal and maternal aunt of one’s wife. However, the absolute terms of this ayah have been qualified by another ruling of the Qur’an (al-Nisa’, 4:3) quoted earlier which limits polygamy to four. The other qualification to the text under discussion is provided by the Mashhur Hadith which forbids simultaneous marriage with the maternal and paternal aunt of one’s wife. This illustration also serves to show an instance of conflict between the Zahir and the Nass. Since the second of the two ayat under discussion is a Nass, it is one degree stronger than the Zahir and would therefore prevail. This question of conflicts between Zahir and Nass will be further discussed later.
It will be noted that Nass, in addition to the technical meaning which we shall presently elaborate, has a more general meaning which is commonly used by the fuqaha’. In the terminology of fiqh, Nass means a definitive text or ruling of the Qur’an or the Sunnah. Thus it is said that this or that ruling is a Nass, which means that it is a definitive injunction of the Qur’an or Sunnah. But Nass as opposed to Zahir denotes a word or words that convey a clear meaning, and also represents the principal theme of the text in which it occurs. An example of Nass in the Qur’an is the Qur’anic text on the priority of debts and bequests over inheritance in the administration of an estate. The relevant ayah assigns specific shares to a number of heirs and then provides that the distribution of shares in all cases is to take place ‘after the payment of legacies and debts’ (al-Nisa’, 4:11). Similarly, the Qur’anic text which provides that ‘unlawful to you are the dead carcass and blood’ (al-Ma’idah, 5:3), is a Nass on the prohibition of these items for human consumption. As already stated, the Nass, like the Zahir, is open to ta’wil and abrogation. For example, the absolute terms of the ayah which we just quoted on the prohibition of dead carcasses and blood have been qualified elsewhere in the Qur’an where ‘blood’ has been qualified as ‘blood shed forth’ (al-An’am, 6:145). Similarly, there is a Hadith which permits consumption of two types of dead carcasses, namely fish and locust. (See full of this Hadith on page 131.) Another example of the Nass which has been subjected to ta’wil is the Hadith concerning the legal alms (zakah) of livestock, which simply provides that this shall be ‘one in every forty sheep’.
The obvious Nass of this Hadith admittedly requires that the animal itself should be given in zakah. But it would seem in harmony with the basic purpose of the law to say that either the sheep or their equivalent monetary value may be given. The purpose of zakah is to satisfy the needs of the poor, and this could equally be done by giving them the equivalent amount of money; it is even likely that they might prefer this. The Hanafis have offered a similar interpretation for two other Quranic ayat, one on the expiation of futile oaths, and the another on the expiation of deliberate breaking of the fast during Ramadan. The first is enacted at feeding ten poor persons (al-Ma’idah, 5:92), and the second at feeding sixty such persons (al-Mujadalah, 58:4). The Hanafis have held that this text can be implemented either by feeding ten needy persons or by feeding one such person on ten occasions. Similarly, the provision in the second ayah may be understood, according to the Hanafis, to mean feeding sixty poor persons, or one such person sixty times.
As already stated, Nass is stronger than Zahir, and should there be a conflict between them, the former prevails over the latter. This may be illustrated in the following two Qur’anic passages, one of which is a Nass in regard to the prohibition of wine, and the other a Zahir in regard to the permissibility of eating and drinking in general. The two passages are as follows:
O believers! Intoxicants, games of chance and sacrificing to stones and arrows are the unclean works of Satan So avoid them . . . (al-Ma’idah, 5:93).
On those who believe and do good deeds, there is no blame for what they consume while they keep their duty and believe and do good deeds (al-Ma’idah, 5:96)
The Nass in the first ayah is the prohibition of wine, which is the main purpose and theme of the text. The Zahir in the second ayah is the permissibility of eating and drinking without restriction. The main purpose of the second ayah is, however, to accentuate the virtue of piety (taqwa) in that taqwa is not a question of austerity with regard to food, it is rather a matter of God-consciousness and good deeds. There is an apparent conflict between the two ayat, but since the prohibition of wine is established in the Nass, and the permissibility regarding food and drink is in the form of Zahir, the Nass prevails over the Zahir.
To give an example of Zahir in modern criminal law, we may refer to the word ‘night’ which occurs in many statutes in connection with theft. When theft is committed at night, it carries a heavier penalty. Now if one takes the manifest meaning of ‘night’, then it means the period between sunset and sunrise. However this meaning may not be totally harmonious with the purpose of the law. What is really meant by ‘night’ is the dark of the night, which is an accentuating circumstance in regard to theft. Here the meaning of the Zahir is qualified with reference to the rational purpose of the law and the nature of the offence in question.
I. 3 & 4 Unequivocal (Mufassar) and Perspicuous (Muhkam)
Mufassar is a word or a text whose meaning is completely clear and is, in the meantime, in harmony with the context in which it appears. Because of this and the high level of clarity in the meaning of Mufassar, there is no need for recourse to ta’wil. But the Mufassar may still be open to abrogation which might, in reference to the Qur’an and Sunnah, have taken place during the lifetime of the Prophet. The idea of the Mufassar, as the word itself implies, is that the text explains itself. The Lawgiver has, in other words, explained His own intentions with complete clarity, and the occasion for ta’wil does not arise. The Mufassar occurs in two varieties, one being the text which is self-explained, or Mufassar bidhatih, and the other is when the ambiguity in one text is clarified and explained by another. This is known as Mufassar bighayrih, in which case the two texts become an integral part of one another and the two combine to constitute a Mufassar.An example of Mufassar in the Qur’an is the text in sura al-Tawbah (9:36) which addresses the believers to ‘fight the pagans all together (kaffah) as they fight you all together’. The word ‘kaffah’ which occurs twice in this text precludes the possibility of applying specification (takhsis) to the words preceding it, namely the pagans (mushrikin). Mufassar occurs in many modern statutes with regard to specific crimes and their penalties, but also with regard to civil liabilities, the payment of damages, and debts. The words of the statute are often self-explained and definite so as to preclude ta’wil. But the basic function of the explanation that the text itself provides is concerned with that part of the text which is ambivalent (mujmal) and needs to be clarified. When the necessary explanation is provided, the ambiguity is removed and the text becomes a Mufassar. An example of this is the phrase ‘laylah al-qadr’ (‘night of qadr’) in the following Qur’anic passage. The phrase is ambiguous to begin with, but is then explained:
We sent it [the Qur’an] down on the Night of Qadr. What will make you realise what the Night of Qadr is like?[…] It is the night in which angels and the spirit descend […] (al-Qadr, 97:1-4).
The text thus explains the ‘laylah al-qadr’ and as a result of the explanation so provided, the text becomes self-explained, or Mufassar. Hence there is no need for recourse to ta’wil. Sometimes the ambiguity of the Qur’an is clarified by the Sunnah, and when this is the case, the clarification given by the Sunnah becomes an integral part of the Qur’an. There are numerous examples of this, such as the words salah, zakah, hajj, riba, which occur in the following ayat:
God has enacted upon people the pilgrimage of hajj to be performed by all who are capable of it (Al-‘Imran, 3:97). God permitted sale and prohibited usury (riba ) (al-Baqarah, 2:275). The juridical meanings of salah, zakah, hajj and riba could not be known from the brief references that are made to them in these ayat. Hence the Prophet provided the necessary explanation in the form of both verbal and practical instructions. In this way the text which was initially ambivalent (mujmal) became Mufassar. With regard to salah, for example, the Prophet instructed his followers to ‘perform the salah the way you see me performing it’, and regarding the hajj he ordered them to ‘take from me the rituals of the hajj.
There are also many ahadith which explain the Qur’anic prohibition of riba in specific and elaborate detail. The value (hukm) of the Mufassar is that acting upon it is obligatory. The clear meaning of a Mufassar is not open to interpretation and unless it has been abrogated, the obvious text must be followed. But since abrogation of the Qur’an and Sunnah discontinued upon the demise of the Prophet, to all intents and purposes, the Mufassar is equivalent to the perspicuous (Muhkam), which is the last in the range of clear words and is not open to any change.
Specific words (al-alfaz al-khassah) which are not open to ta’wil or any change in their primary meanings are in the nature of Mufassar. Thus the Qur’anic punishment of eighty lashes for slanderous accusation (qadhf) in sura al-Nur (24:4), or the ayah of inheritance (al-Nisa’, 4:11) which prescribes specific shares for legal heirs, consist of fixed numbers which rule out the possibility of ta’wil. They all partake in the qualities of Mufassar.
Since Mufassar is one degree stronger than Nass, in the event of a conflict between them, the Mufassar prevails. This can be illustrated in the two hadiths concerning the ablution of a woman who experiences irregular menstruations that last longer than the expected three days or so: she is required to perform the salah; as for the ablution (wudu’) for salah, she is instructed, according to one Hadith: A woman in prolonged menstruations must make a fresh wudu’ for every salah:And according to another Hadith A woman in prolonged menstruation must make a fresh wudu’ at the time of every salah.
The first Hadith is a Nass on the requirement of a fresh wudu’ for every salah, but the second Hadith is a Mufassar which does not admit any ta’wil. The first Hadith is not completely categorical as to whether ‘every salah’ applies to both obligatory and supererogatory (fara’id wa-nawafil) types of salah. Supposing that they are both performed at the same time, would a separate wudu’ be required for each? But this ambiguity/ question does not arise under the second Hadith as the latter provides complete instruction: a wudu’ is only required at the time of every salah and the same wudu’ is sufficient for any number of salahs at that particular time.
Words and sentences whose meaning is clear beyond doubt and are not open to ta’wil and abrogation are called Muhkam. An example of this is the frequently occurring Qur’anic statement that ‘God knows all things’. This kind of statement cannot be abrogated, either in the lifetime of the Prophet, or after his demise. The text may sometimes explain itself in terms that would preclude the possibility of abrogation. An example of this is the Qur’anic address to the believers concerning the wives of the Prophet: ‘It is not right for you to annoy the Messenger of God; nor should you ever marry his widows after him. For that is truly an enormity in God’s sight’ (al- Ahzab, 33:35). The prohibition here is emphasised by the word abadan (never, ever) which renders it Muhkam, thereby precluding the possibility of abrogation. The Muhkam is, in reality, nothing other than Mufassar with one difference, namely that Muhkam is not open to abrogation. An example of Muhkam in the Sunnah is the ruling concerning jihad which provides that ‘jihad (holy struggle) remains valid till the day of resurrection’.
The ulema of usul have given the Qur’anic ayah on slanderous accusation as another example of Muhkam, despite some differences of interpretation that have arisen over it among the Hanafi and Shafi’i jurists. The ayah provides, concerning persons who are convicted and punished for slanderous accusation (qadhf): ‘And accept not their testimony ever, for such people are transgressors’ (al-Nur, 24:4). Once again the occurrence of abadan (‘for ever’) in this text renders it Muhkam and precludes all possibility of abrogation. The Hanafis have held that the express terms of this ayah admit no exception. A qadhif, that is, a slanderous accuser, may never be admitted as a witness even if he repents. But according to the Shafi’is, if the qadhif repents after punishment, he may be admitted as a witness. The reason for this exception, according to the Shafi’is, is given in the subsequent portion of the same text, which reads: ‘Unless they repent afterwards, and rectify themselves.’ The grounds of these differential interpretations need not be elaborated here. Suffice it to point out that the differences are over the understanding of the pronouns in the text, whether they refer to the qadhif and transgressors both, or to the latter only. There is no difference of opinion over the basic punishment of qadhf, which is eighty lashes as the text provides, but only with regard to the additional penalty disqualifying them as witnesses forever. It would thus appear that these differences fall within the scope of tafsir rather than that of ta’wil.
The Muhkam is not open to abrogation. This may be indicated in the text itself, as in the foregoing examples, or it may be due to the absence of an abrogating text. The former is known as Muhkam bidhatih, or Muhkam by itself, and the second as Muhkam bighayrih, or Muhkam because of another factor.
The purpose of the foregoing distinction between the four types of clear words is to identify their propensity or otherwise to ta’wil, that is, of admitting a meaning other than their obvious meaning, and whether or not they are open to abrogation. If a word is not open to either of these possibilities, it would follow that it retains its original or primary meaning and admits of no other interpretation. The present classification, in other words, contemplates the scope of ta’wil in that the latter is applicable only to the Zahir and Nass but not to the Mufassar and Muhkam. The next purpose of this classification is to provide guidelines for resolving possible conflicts between the various categories of words. In this way an order of priority is established by which the Muhkam prevails over the other three varieties of clear words and the Mufassar takes priority over the Nass, and so on. But this order of priority applies only when the two conflicting texts both occur in the Qur’an. However, when a conflict arises between, say,the Zahir of the Qur’an and the Nass of the Sunnah, the former would prevail despite its being one degree weaker in the order of priority. This may be illustrated by the ayah of the Qur’an concerning guardianship in marriage, which is in the nature of Zahir. The ayah provides: ‘If he has divorced her, then she is not lawful to him until she marries (hatta tankiha) another man’ (al-Baqarah, 2:229). This text is Zahir in respect of guardianship as its principal theme is divorce, not guardianship. From the Arabic form of the word ‘tankiha’ in this text, the Hanafis have drawn the additional conclusion that an adult woman can contract her own marriage, without the presence of a guardian. However there is a Hadith on the subject of guardianship which is in the nature of Nass, which provides that ‘there shall be no marriage without a guardian (wali).
This Hadith is more specific on the point that a woman must be contracted in marriage by her guardian. Notwithstanding this, however, the Zahir of the Qur’an is given priority, by the Hanafis at least, over the Nass of the Hadith. The majority of ulema have, however, followed the ruling of the Sunnah on this point.
by M. H. Kamali
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