Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn [Part 12]
Specifying a general utterance in the Quran by specific utterance in the Quran:
Allah says, interpretation of the meaning,
1:221 And do not marry polytheistic women until they believe. [Surah Al-Baqarah]
5:5 This day, all good things are made lawful for you, and the food of those who were given the Scripture is lawful for you, and your food is lawful for them. And it is made lawful for you to marry chaste women from the believers and chaste women from those who were given the Scripture before you… [Surah Al-Ma’idah]
The general utterance mentioned in the first ayah, namely prohibiting marrying polytheistic women, is specified by the specific utterance in the second ayah, namely, it is lawful for you to marry chaste women from the believers and chaste women from those who were given the Scripture before you.
2. Specifying a general utterance in the Quran by a specific utterance in the Sunnah of Messenger Muhammad [peace be upon him]:
Allah says, interpretation of the meaning,
4:11Allah commands you concerning your children: for the male is what is equal to the share of two females… [Surah An-Nisa’]
The word ‘children’ is a general utterance, and it includes Muslim and non-Muslim children. Messenger Muhammad [peace be upon him] said,
‘The Muslim does not inherit the disbeliever, nor does the disbeliever inherit the Muslim [Sahih Al-Bukhari].’
The general utterance in the ayah from the Quran, namely, children, is specified by the specific utterance from the Sunnah, namely, Muslim children are not allowed to inherit their non-Muslim parents and non-Muslim children are not allowed to inherit their Muslim parents.
3. Specifying a general utterance in the Sunnah by a specific utterance in the Quran:
Messenger Muhammad [peace be upon him] said, ‘Allah does not accept the prayer of any one of you if his ablution is nullified until he re-make another ablution [Sahih Al-Bukhari].’
This hadith is a general utterance that makes using water for ablution a condition for a valid prayer. The statement of the hadith is specified by a specific utterance in the Quran, which makes dry ablution ‘tyymmum, using dust to make ablution’ in certain cases permissible
Allah says, interpretation of the meaning,
5:6 O you who believe, when you intend to perform the prayer, wash your faces and your hands to the elbows, wipe your heads with water, and wash your feet to the ankles. If you are unclean, purify your selves. And if you are sick, or on a journey, or answer the call of nature, or have intercourse with women, and cannot find water, perform at-tayymmum by pure dust. Wipe your faces and hands with it. Allah does not want to cause you any hardship, but He wants to purify you and complete His blessing on you that you may be thankful. [Surah Al-Ma’idah]
4. Specifying a general utterance in the Sunnah by specific utterance in the Sunnah:
Messenger Muhammad [peace be upon him] said that one-tenth is the due zakat on land irrigated without effort, whether the crops are a large or small quantity, e.g. a crop that is irrigated by rain [Sahih Al-Bukhari].
In another narration, Messenger Muhammad said, ‘There is no zakat on less than five awsuq (612 gram) [Sahih Muslim].’
Thus, the general utterance in the first hadith, stating that there is zakat is not due on crops irrigated without effort, whether it is a large or small amount, is specified by the specific utterance in the second hadith, stating that zakat is not due on a crop that is less than five awsuq (612 gram).
5. Specifying a general utterance in the Quran and the Sunnah by specific deductive analogy ‘Qiyas’:
Qiyas is analogical reasoning as applied to the deduction of juridical principles from the Quran and Sunnah of Messenger Muhammad.
This type of specification is permissible because qiyas depends on a text from the Quran or the Sunnah. Thus, it is as if the text from the Quran or the Sunnah is the specifying text.
For example, Allah says, interpretation of the meaning,
24:2 The adulterer and the adulteress, flog each one of them a hundred lashes… [Surah An-Nur]
The general utterance in the ayah stating that the punishment of the adulterer and the adulteress is a hundred lashes is specified by the following ayah in the Quran:
4:25: …if they commit adultery, their punishment shall be half of that of the free women…
Ayah [4:25] mentions the punishment of a slave adultress, but it does not mention the punishment of a slave adulterer. The scholars say, by means of deductive analogy, that the punishment of a slave adulterer is the same as the punishment of a slave adultress, namely, fifty lashes.
The following is an example of specifying a general utterance in the Sunnah by means of qiyas:
The punishment of a fornicator and fornicatress is one hundred lashes and banishment for a year, which is a general utterance.
By means of deductive analogy with the punishment of a female slave whose punishment is confirmed by the Quran, the punishment of a male slave is specified and his punishment is fifty lashes.
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