Monday, June 27, 2022

Clear and Unclear Utterances (Al-Mujmal and al-Mubayyn Utterances) According to the Principles of Islamic Jurisprudence

 

Clear and Unclear Utterance according to the Principles of Usul Al-Fqh

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 13]

This article discusses clear and unclear utterances (Al-Mujmal and al-Mubayyn Utterances) according to the principles of Islamic jurisprudence based on Al-Waraqat by Imam Al-Juwayni. 

Al-Mujmal ‘The Unclear Utterance’:

An utterance that needs clarification when it is mentioned without any specification. In other words, an utterance has more than one meaning, and none of the meanings is more particular than the other meanings.

For example, Allah says, interpretation of the meaning, 

2:228 Divorced menstruating women should wait for three ‘qur’…. [Surah Al-Baqarah

The meaning is that a divorced menstruating woman should wait for three qur before she can remarry.

The word ‘qur’’ may mean the purification period between menses, or it may the mean menstruation period. Thus, the word ‘qur’’ is an unclear utterance ‘mujmal’ as it has more than one meaning, and no meaning of them has a particular connotation than the other. Therefore, the scholars differ about the waiting period for a divorced menstruating woman. Some scholars say it is three cycles of the purification period, and others say that it is three cycles of the menstruation period

It should be noted that even though there are some unclear utterances in Islamic law texts; however, Messenger Muhammad has clarified everything Muslims need, and the scholars have developed principles and rules for knowing the unclear utterances. 

Al-Bayan ‘Clarification’:

 It means eliminating and ending unclearness. 

An-Nass ‘A definitive Text’

An utterance that has only one meaning. 

Allah says, interpretation of the meaning:

48:29 Muhammad is the Messenger of Allah… [Surah Al-Fath]

The ayah explicitly says that Muhammad is the Messenger of Allah, which is a clear text that has only one meaning.

It is also said that a definitive text is an utterance whose meaning is understood without needing any further interpretation or any external evidence. 

Allah says, interpretation of the meaning:

24:2 The adulterer and the adulteress, flog each one of them a hundred lashes… [Surah An-Nur]

It is understood from the ayah that the required punishment is only one hundred lashes.

The Arabic word ‘an-nass’ is derived from ‘manassat al-arus’, namely, a dais/rostrum on which a bride sits. 

When a bride sits on a dais, there will be no doubt that she is the bride. Similarly, a definitive text has only one meaning, and there will be no doubt that is the only meaning of the text.

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat by Imam al-Juwayni [Part 5]

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat by Imam al-Juwayni [Part 4]

English translation, and newfangled commentary on Imām al‑Ḥaramayn al‑Juwaynī’s Kitāb al‑Waraqāt fī uṣūl al‑fiqh


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