5.3. THE INFERRED MEANING (DALALAH AL-NASS)
This is a meaning which is derived from the spirit and rationale of a legal text even if it is not indicated in its words and sentences. Unlike the explicit meaning and the alluded meaning which are both indicated in the words and signs of the text, the inferred meaning is not so indicated. Instead, it is derived through analogy and the identification of an effective cause (‘illah) which is in common between the explicit meaning and the meaning that is derived through inference. This might explain why some ulema have equated dalalah al-nass with analogical deduction, namely qiyas jali. To illustrate this, we may refer to the Qur’anic text on the obligation to respect one’s parents. In particular, the text provides, ‘and say not uff to them’ (al-Isra’ 17:23), which obviously forbids the utterance of the slightest word of contempt to the parents. The effective cause of this prohibition is honouring the parents and avoiding offence to them. There are, of course, other forms of offensive behaviour, besides a mere contemptuous word such as uff, to which the effective cause of this prohibition would apply. The inferred meaning of this text is thus held to be that all forms of abusive words and acts which offend the parents are forbidden even if they are not specifically mentioned in the text under consideration.
To give another example, the Qur’an proclaims, concerning the property of orphans, that ‘those who unjustly devour the property of the orphans only devour fire into their bodies’ (al-Nisa’, 4:10). The explicit meaning of this text forbids guardians and executors from devouring the property of their orphaned wards for their personal gain. But by way of inference the same prohibition is extended to other forms of destruction and waste which might have been caused, for example, through financial mismanagement that does not involve personal gain and yet leads to the loss and destruction of the property of the orphans. Although the text provides no indication as to the different ways in which destruction can be caused, they are nevertheless equally forbidden. As already stated, this kind of inference is equivalent to what is known as obvious analogy (qiyas jali) which consists of identifying the effective cause of a textual ruling, and when this is identified the original ruling is analogically extended to all similar cases. The effective cause of the ruling in the foregoing ayah is protection of the orphans’ property, and any act which causes destruction or loss of such property falls under the same prohibition
by M. H. Kamali.
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