5.1. THE EXPLICIT MEANING (IBARAH AL-NASS)
As already stated, this is the immediate meaning of the text which is derived from its obvious words and sentences. The explicit meaning represents the principal theme and purpose of the text, especially in cases where the text might impart more than one meaning and comprises in its scope a subsidiary theme or themes in addition to the one which is obvious. In its capacity as the obvious and dominant meaning, the ‘ibarah al-nass is always given priority over the secondary and subsidiary themes or meanings of the text. To illustrate this, we refer to the Qur’anic passage on the subject of polygamy, a text which conveys more than one meaning, as follows ‘And if you fear that you may be unable to treat the orphans fairly, then marry of the women who seem good to you, two, three or four. But if you fear that you cannot treat [your co-wives] equitably, then marry only one. . .’ (al-Nisa’, 4:3). At least three or four meanings are distinguishable in this text which are: first, the legality of marriage, a meaning which is conveyed by the phrase fankihu ma taba lakum min al-nisa’ (‘marry of the women who seem good to you’); second, limiting polygamy to the maximum of four; third, remaining monogamous if polygamy may be feared to lead to injustice; and fourth, the requirement that orphaned girls must be accorded fair treatment, a meaning which is indicated in the first part of the text. All of these are conveyed in the actual words and sentences of the text. But the first and the last are subsidiary and incidental whereas the second and the third represent the explicit themes and meanings of the text, that is, the ‘ibarah al- nass. Limiting polygamy to the maximum of four is the explicit meaning which takes absolute priority over all the implied and incidental meanings that this text might convey.
Most of the nusus of Shari’ah convey their rulings by way of ‘ibarah al-nass. Thus the command to perform the obligatory prayers, to observe the fast during Ramadan, to enforce the prescribed penalties for certain offences, to give specified shares to the legal heirs in inheritance, etc., are all instances of ‘ibarah al-nass. The effect of ‘ibarah al-nass is that it conveys a definitive ruling hukm qat’i on its own and is in no need of corroborative evidence. But if the text is conveyed in general terms, it may be susceptible to qualification, in which case it may not impart a definitive rule of law but speculative (zanni) evidence only.
by M. H. Kamali
Comments
John Doe
23/3/2019Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
John Doe
23/3/2019Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.
John Doe
23/3/2019Lorem ipsum dolor sit amet, consectetur adipisicing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat.