5.2. THE ALLUDED MEANING (ISHARAH AL-NASS)
The text itself may not be obvious with regard to its alluded meaning, but it imparts, nevertheless, a rationally concomitant meaning which is obtained through further investigation of the signs that might be detectable therein. Since the alluded meaning does not represent the principal theme of the text and yet embodies a necessary inference, it is called isharah al-nass. The alluded meaning may be easily detectable in the text, or may be reached through deeper investigation and ijtihad. An example of theisharah al-nass in the Qur’an is the text concerning the maintenance of young children which provides: ‘It is his [father’s] duty to provide them with maintenance and clothing according to custom’ (al- Baqarah, 2:233). The explicit meaning of this text obviously determines that it is the father’s duty to support his child. It is also understood from the wording of the text, especially from the use of the pronoun ‘lahu‘ (his) that only the father and no-one else bears this obligation. This much is easily detectable and constitutes the explicit meaning of this text. But to say that the child’s descent is solely attributed to the father and his identity is determined with reference to that of the father is a rational and concomitant meaning which is derived through further investigation of the signs that are detectable in the text. Similarly, the rule that the father, when in dire need, may take what he needs of the property of his offspring without the latter’s permission is yet another meaning which is derived by way of isharah al-nass. This meaning is derived from the combination of the text under discussion and the Hadith of the Prophet which proclaims that ‘you and your property both belong to your father’.
Another example of a combination of the explicit and alluded meanings occurring in the same text is the Qur’anic ayah on the permissibility of divorce which provides, in an address to the believers: ‘There shall be no blame on you if you divorce your wives with whom you had no sexual intercourse, nor had you assigned for them a dower’ (al-Baqarah, 2:236). The explicit meaning of this text is that divorce is permissible prior to the consummation of marriage and the assignment of a dower. The alluded meaning here is the legality of concluding a contract of marriage without the assignment of a dower (mahr). For a divorce can only occur when there is a subsisting marriage. The text implies this to be the case’ and that a marriage can legally exist even without the assignment of a mahr.
To give yet another example of isharah al-nass we may refer to the Qur’anic text on consultation (shura) where we read, in an address to the Prophet, ‘So pardon them [the Companions] and ask for [God’s] forgiveness for them and consult them in affairs’ (Al-‘Imran, 3:159). The ‘ibarah al-nass in this text requires that community affairs must be conducted through consultation. The alluded meaning of this text requires the creation of a consultative body in the community to facilitate the consultation which is required in the obvious text.
The effect of isharah al-nass is similar to that of ‘ibarah al-nass in that both constitute the basis of obligation, unless there is evidence to suggest otherwise. To illustrate this, we may refer once again to the Qur’anic text (al-Baqarah, 2:233) which laid down the rule that the child follows the descent of his father. This is a definitive ruling (hukm qat’i) which has, however, been set aside by ijma’ in respect of slavery to the effect that the offspring of a slave does not necessarily acquire the status of his father. In this example, the isharah al-nass initially laid down a definitive ruling but it has been set aside in respect of slavery by another definitive evidence, namely the ijma’.
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.