Inquiries on the Science of the Objectives of Sharia (Part 20)
C: Imā’ and Tanbih
The third type of Masalik Al- ‘Ilat is Imā’ and Tanbih. First, we will define them.
1. Definition
Imā’ is derived from the root (ma’) and means pointing with the hand or head. In the terminology of legal principles, both words are usually understood in the same way and refer to a connotation derived from the context of speech, or the necessary meaning implied. Imā’ and Tanbih, based on common understanding, are elements of rational or customary necessity intended by the speaker, while the signified meaning of the speech is not explicit; that is, the words themselves do not directly convey the intended meaning.
By understanding the concept of Imā’, the differences between explicit text, apparent text, and Imā’ also become clear. In explicit text, the word is exclusively used for the cause and has no other possibility. The apparent text indicates that the word is used for explanation but has other possibilities. Imā’ is when the word is not used for explanation; instead, the explanation is inferred from the context of the word or other verbal clues.
2. Types of Imā’
There are eight types of Imā’, which are explained below:
The First Type: The ruling is presented alongside the description using the letter “فا”. This type has four cases:
The First Case: The letter (فا) is included in the description in the words of the lawgiver. For example, the Messenger of Allah, may Allah bless him and grant him peace, said about a mahram person who fell from his camel and died as a result: “لَا تُقَرِّبُوهُ طِيبًا، فَإِنَّهُ يَبْعَثُ يَوْمَ الْقِيَامَةِ مُلَبیا,” meaning: “Do not put perfume on him; because on the Day of Judgment, he will be resurrected in the state of saying Talbiyah.” In this hadith, the letter (فا) is included in the description: “فَإِنَّهُ يَبْعَثُ يَوْمَ الْقِيَامَةِ ملبيا.”
The Second Case: The letter (فا) is included in the ruling through the words of the lawgiver. For example, in the verse “«وَالسَّارِقُ وَالسَّارِقَةُ فَاقْطَعُوا أَيْدِيهُمَا»,” the letter (فا) is connected to the Sharia ruling, which is to cut off their hands.
The Third Case: The combination and inclusion of the letter (فا) in the words of the narrator related to the ruling. For example, it is narrated from Imran bin Husayn: «أَنَّ النَّبِي صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ صَلَّى بِهِمْ فَسَهَا، فَسَجَدَ سَجْدَتَيْنِ، ثُمَّ تَشَهَّدَ ثُمَّ سَلَّمَ.» “The Prophet (peace and blessings of Allah be upon him) prayed for them, then he prostrated, then he testified, then he finished.” In this hadith, the letter (فا) is included in the ruling (فَسَجَدَ), which comes from the narrator’s words.
The Fourth Case: The letter (فا) is included in the description in the narrator’s words.
Second Type: The second type of Imā’ (indicating) is that the ruling of the lawgiver is contingent upon the situation of the individual under condemnation. For example, it is narrated from Abu Hurairah (MAPH): “A man came to the Prophet (PBUH) and said: I have destroyed myself. The Messenger of Allah (PBUH) asked: What have you done? He replied: I had intercourse with my wife while fasting in Ramadan. The Prophet (PBUH) asked: Do you have a slave that you can free? He said: No. The Messenger of Allah (PBUH) then asked: Are you able to fast for two months? The man said: No. The Messenger of Allah (PBUH) then asked: Can you feed sixty poor people? He said: No. The Messenger of Allah (PBUH) then instructed him to sit down. A large container filled with dates was brought to the Messenger of Allah (PBUH), and he said: Give this in charity. The man replied: O Messenger of Allah, there is no house poorer than ours in this rocky land. The Messenger of Allah (PBUH) laughed until his teeth were visible and said: Eat these dates with your family. This incident clearly illustrates that the ruling of the lawgiver (the Messenger of Allah, PBUH) corresponded with the condition of the condemned individual.
Third Type: The lawgiver states the ruling by describing and attributing it to a cause, ensuring that the word of the lawgiver is free from futility. This type also has two cases:
The First Case: Issuing a ruling regarding matters where information is obtained from the questioners, the existence of which is obvious. For example, when the Messenger of Allah, (PBUH), was asked about selling fresh dates (rotab) with dried dates (tamr), he replied: Do fresh dates lose value when they dry? As a result, the Messenger of Allah, (PBUH), forbade them from engaging in that practice.
In this case, the ruling is grounded in a reason that is known and evident to everyone; otherwise, asking about it would be pointless.
The Second Case: The correspondence and similarity between a new subject and an existing one, where the similarity serves as the cause. An example is when a woman asked the Messenger of Allah (PBUH) about her mother’s Hajj. The Messenger of Allah (PBUH) told her: “Perform Hajj on her behalf. If your mother had a debt, would you pay it?” The woman responded: Yes. The Messenger of Allah (PBUH) said: Pay her dues, and Allah is more deserving that His dues are paid.”
In this hadith, the similarity between debt and Hajj is acknowledged. Consequently, the Messenger of Allah (peace and blessings of Allah be upon him) equated the ruling on debt with the ruling on Hajj and applied the same principle.
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