DALEEL
uploaded 28 Dec 2005
Introduction
Linguistically, 'daleel' means a proof, indication, or evidence. As a term, daleel means the source or evidence for a thought, concept, or a ruling. Any law or ruling must have a daleel, taken only from the Quran, Sunnah, or a source, which the Quran and Sunnah have directed for adoption.
Any ruling from the text of either the Quran or Sunnah is considered a daleel. For example, Allah (swt) says:
"Let there arise out of you a group of people inviting to all that is good (Islam) and enjoining what is right and forbidding what is wrong, they are from those who are successful."
(TMQ Al Imran:104)
This verse is considered a daleel for the obligation of establishing an Islamic political party (Hizb).
An example of a daleel from the Sunnah is the prohibition to the call for nationalism. Muhammad (saw) said, in reference to all types of 'asabiyyah' (nationalism, racism, tribalism) "Leave it, it is rotten." [Bukhari and Muslim].
Structure of a Daleel
The two aspects related to any daleel are Riwayah (reportage) and Dalalah (meaning).
The riwayah covers issues related to how the information was conveyed, including the number and integrity of the reporters in a chain of transmission. The dalalah is related to the meaning of the text in the daleel. There are also two terms used in connection with riwayah and dalalah, which are Qati (conclusive and definite) and Dhanni (inconclusive and indefinite).
Riwayah
Any verse from the Quran or Hadith Mutawatir is considered Qati in its riwayah. This means that the evidence is authentic and carries no doubt. This authenticity is established based on the methodology of transmission.
The methodology by which Quran was transmitted precludes any possibility of fabrication, as it was transmitted generation by generation in exactly the same manner. It is impossible for an entire generation to fabricate, erase, or add contents to the Quran. It is inconceivable to believe that every single individual in that generation assembled together and agreed to add or delete parts of the Quran. Everyone in that generation was reciting the same contents of the Quran, thus authenticating its contents.
Hadith Mutawatir was not transmitted generation by generation, but rather by a large number of people. Due to the large number of people reporting the daleel, their diversity of residence, their established reliability and conviction, it is inconceivable that this daleel could be prone to error.
Any report of information other than through the Quran or Hadith Mutawatir, are considered Dhanni, thereby meaning that there is a slight possibility that the daleel could contain an error.
Dalalah
Where the meaning of any Islamic text is clear, specific and has only one meaning, then it is considered Qati. This means that the textual meaning cannot be open to any other interpretation. If the text is open to more than one interpretation, then it is considered Dhanni. Since interpretations are due to the Arabic language, any interpretation has to be understood and justified through the Arabic language.
• Example from the Quran with a Qati (conclusive) meaning:
'What your wives leave, your share is a half, if they leave no child.'
(TMQ An-Nisa:12)
وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا وَأُوْلَئِكَ هُمُ الْفَاسِقُونَ
'Those who accuse chaste women of zina (adultery) and fail to bring four witnesses (to prove it) flog them eighty strips.'
(TMQ An-Nur: 4)
This quantitative aspect of these rulings, namely one half and eighty are clear and therefore cannot be open to any other interpretations.
• Example of Hadith Mutawatir with Qati (conclusive) meaning:
"Whosoever lies about me deliberately, let him take his place in the Hell fire"
This hadith is very clear in its subject only one understanding arises.
• Example of Hadith Ahad with Qati (conclusive) meaning:
It is reported in hadith that the prophet of Allah (saw) fasted 6 days in Shawwal.
• Example from the Quran with a dhanni (non-definite) meaning:
In Surah al-Ma'ida verse six, Allah (swt) says in meaning, that if a man 'la-mastum' the women it breaks the wudu (ablution). The word 'la-mastum' has been interpreted as having two meanings i.e. touch or sexual intercourse. Thus this verse has a dhanni dalalah i.e. inconclusive meaning i.e. it could mean either touching women breaks the wudu or it could mean sexual intercourse with a woman breaks the wudu.
• Example of Hadith Mutawatir with a Dhanni (non-definite) meaning:
It was reported that Muhammad (saw) used to take off his Ihram in a specific manner. However, when the companions told the Prophet (saw) that they took it off in a manner different from than him, the Prophet (saw) approved of their actions i.e. the rules to take off ones Ihram are many.
• Example of Hadith Ahad with a dhanni (non-definite) meaning:
It is reported that the Prophet (saw) fasted 6 days in Shawwal. Though this is a conclusive meaning, it is not conclusive whether the six days of fasting are consecutive or not.
With the above examples, it is possible to demonstrate which daleel will be considered Qati (conclusive) as opposed to Dhanni (inconclusive). This is shown below:
1. Qati Riwayah + Qati Dalalah = Qati Daleel
2. Qati Riwayah + Dhanni Dalalah = Dhanni Daleel
3. Dhanni Riwayah + Qati Dalalah = Dhanni Daleel
4. Dhanni Riwayah + Dhanni Dalalah = Dhanni Daleel
Since the foundation of Islam i.e. the Islamic Aqeedah cannot contain any doubt, it has to be based upon a Qati Daleel. As an example, belief in the existence of Angels is based upon a Qati Daleel. Likewise, in Usul ul-Fiqh, to establish a source for extracting rulings, the source must also be based upon a Qati Daleel.
As an example, to consider Ijma as-Sahabah (consensus of the companions) as a source to derive rulings, the daleel to prove the authority of Ijma as-Sahabah has to be Qati both in Riwayah and Dalalah i.e. Qati Daleel.
With regards the actual rulings (ahkam), as they are derived from the source which are solely established upon a Qati Daleel, thereby considered a part of the wahi (revelation), the rulings themselves can be derived from either a Qati or Dhanni daleel. For example, the matter of breaking one's wudu resulting from the word 'la mastum' is taken from the Quran, but it is a Dhanni Daleel (Qati Riwayah + Dhanni Dalalah = Dhanni Daleel).
Adaptation from Studies in Usul ul-Fiqh
Source: KCom Journal
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