1. TURUQ ISTINBATTURUQ ISTINBAT
DEDUCING THE LAW FROM ITS SOURCESDEDUCING THE LAW FROM ITS SOURCES
Rules of Interpretation IRules of Interpretation I
(Interpretation of words)(Interpretation of words)

2. Why Rules of Interpretation?Why Rules of Interpretation?
 To interpret the Quran or the Sunnah, orTo interpret the Quran or the Sunnah, or
to deduce legal rules from the indicationto deduce legal rules from the indication
from the nusus.from the nusus.

However, it is necessary that the language ofHowever, it is necessary that the language of
the Quran and the Sunnah is clearlythe Quran and the Sunnah is clearly
understood.understood.

Must obtain a firm grasp of the words and theMust obtain a firm grasp of the words and the
precise implications.precise implications.

3. Function of the rulesFunction of the rules
 To discover the intention of the Law GiverTo discover the intention of the Law Giver
or of any person from his speech andor of any person from his speech and
conduct.conduct.
 Primarily concerned with the discovery ofPrimarily concerned with the discovery of
that which is not self evident.that which is not self evident.

If the text is clear, then there is no need forIf the text is clear, then there is no need for
rules of interpretationrules of interpretation

4. Objective of the rulesObjective of the rules
 To ascertain the intention of the LawgiverTo ascertain the intention of the Lawgiver
with regard to what has been leftwith regard to what has been left
unexpressed as a matter of necessaryunexpressed as a matter of necessary
inference from the surroundinginference from the surrounding
circumstances.circumstances.

5.  After deriving hukm from the legal texts,After deriving hukm from the legal texts,
the jurists will then interpret the number orthe jurists will then interpret the number or
categories of acts that are affected by thecategories of acts that are affected by the
hukm or the categories of persons whohukm or the categories of persons who
are affected or even the categories ofare affected or even the categories of
objects based on the words used.objects based on the words used.

6. Classification of wordsClassification of words
 From the viewpoints of:From the viewpoints of:
 (i) their clarity(i) their clarity

Clear and unclear wordsClear and unclear words
 (ii) their scope(ii) their scope

‘‘am and khasam and khas
 (iii) their capacity to convey certain(iii) their capacity to convey certain
meaning.meaning.

7.  From the view point of scope, words areFrom the view point of scope, words are
classified into:classified into:
General
(‘Amm)
Specific
(Khass)

8. The general (‘Amm)The general (‘Amm)
 ‘‘Amm may be defined as a word whichAmm may be defined as a word which
applies to many things, not limited inapplies to many things, not limited in
number and includes everything to which itnumber and includes everything to which it
is applicable.is applicable.

In other word ‘am is a word that has singleIn other word ‘am is a word that has single
meaning but it applies to an unlimited numbermeaning but it applies to an unlimited number
without restriction.without restriction.

9.  All words are basically general unless theyAll words are basically general unless they
are specified or qualified in some way.are specified or qualified in some way.
The words of the Quran and Sunnah areThe words of the Quran and Sunnah are
the examples.the examples.

10.  Examples:Examples:

the word ‘insan’ (human being) – al -’Asr:2)the word ‘insan’ (human being) – al -’Asr:2)

the word ‘man’ (whoever)the word ‘man’ (whoever) ‫من‬‫من‬

““everyevery soul shall have a taste of death” - ali-soul shall have a taste of death” - ali-
Imran:185Imran:185

““thethe womanwoman and theand the manman guilty of adultery orguilty of adultery or
fornication…” – al-Nur (24:2)fornication…” – al-Nur (24:2)

11.  In determining the scope of the ‘amm,In determining the scope of the ‘amm,
reference is made not only to the rules ofreference is made not only to the rules of
the language but also to the usage of thethe language but also to the usage of the
people.people.
 In conflict between rules of language andIn conflict between rules of language and
usage, usage prevails.usage, usage prevails.

12. Types of ‘AmmTypes of ‘Amm
1.1. The ‘amm which is absolutely generalThe ‘amm which is absolutely general
and may be indicated in the form of aand may be indicated in the form of a
pronoun (eg: he, she, it, they, all, every,pronoun (eg: he, she, it, they, all, every,
entire etc.entire etc.
2.2. The ‘amm which is meant to imply khassThe ‘amm which is meant to imply khass

13.  3. The ‘amm which is not accompanied by3. The ‘amm which is not accompanied by
either of the foregoing two varieties ofeither of the foregoing two varieties of
indications as to its scope (has beenindications as to its scope (has been
specified elsewhere)specified elsewhere)

‫مﺧﺻﻮﺺ‬‫مﺧﺻﻮﺺ‬‫ﻋﺎﻢ‬‫ﻋﺎﻢ‬

14. TYPES OF ‘AMM
absolutely general
meant to imply
khass
not accompanied by
either of the foregoing
two varieties
Eg: “There is no living creature on earth that
God does not provide for it.” – Hud (11:6)
““We made everything alive from water
(al-Anbiya:30)
“…and God have knowledge of all things.”
- al-Nisa’ (4:176)
There is evidence that it comprises some but not
absolute to all.
Eg: “Pilgrimage to the House is a duty owed to
God by all people who are able to undertake it”
(Ali Imran:97)
“Divorced women must observe three courses upon
themselves…” – al-Baqarah (2: 228)
-qualified by the following verse
“O believers, when you enter the contract of marriage
with women and then divorce them before
consummating the marriage, they do not have to
observe ‘iddah” (al-Ahzab:49)

15. How to identify ‘Amm?How to identify ‘Amm?
 When a singular or plural form of a noun isWhen a singular or plural form of a noun is
preceded by the definite article ‘al’.preceded by the definite article ‘al’.

‫ﻮﺍﻠﺬﺍﻨﻲ‬‫ﻮﺍﻠﺬﺍﻨﻲ‬‫ﺍﻠﺬﺍﻨﻴﺔ‬‫ﺍﻠﺬﺍﻨﻴﺔ‬ al-zaniah (the adulterer, whether aal-zaniah (the adulterer, whether a
woman or a man, flog them with one hundredwoman or a man, flog them with one hundred
lashes (an-Nur:2)lashes (an-Nur:2)

‫ﺍﻠﻤﻄﻠﻘﺎﺖ‬‫ﺍﻠﻤﻄﻠﻘﺎﺖ‬ al-mutallaqat (the divorced women)al-mutallaqat (the divorced women)

‫ﻮﺍﻠﺴﺎﺮﻘﺔ‬‫ﻮﺍﻠﺴﺎﺮﻘﺔ‬‫ﺍﻠﺴﺎﺮﻕ‬‫ﺍﻠﺴﺎﺮﻕ‬ a thief (male and female)a thief (male and female)

16.  The word jami’ (The word jami’ (‫ﺟﻣﻴﻊ‬‫ﺟﻣﻴﻊ‬), kaffah (), kaffah (‫ﻜﺎﻓﺔ‬‫ﻜﺎﻓﺔ‬) and) and
kull (-kull (- ‫ﻛﻝ‬‫ﻛﻝ‬ all and entire) are generic in theirall and entire) are generic in their
effect.effect.
 When a word is prefixed by a conjunctiveWhen a word is prefixed by a conjunctive
such assuch as ‫ﻳﻥ‬‫ﻳﻥ‬‫ﻮﺍﻠﻨ‬‫ﻮﺍﻠﻨ‬ andand ‫ﻮﺍﻠﻼﺘﻲ‬‫ﻮﺍﻠﻼﺘﻲ‬ it becomesit becomes
generic in its effect.generic in its effect.

17. 
““‫ﻮﺍﻠﻼﺘﻲ‬‫ﻮﺍﻠﻼﺘﻲ‬ If any of your women are guilty ofIf any of your women are guilty of
lewdness, take the evidence of four (reliable)lewdness, take the evidence of four (reliable)
witnesses from amongst you against them…”witnesses from amongst you against them…”

‫ﻮﺍﻠﺬﺍﻦ‬‫ﻮﺍﻠﺬﺍﻦ‬ If two men among you are guilty ofIf two men among you are guilty of
lewdness, punish them both…”lewdness, punish them both…”

18. 
““Those (Those ( ‫ﻳﻥ‬‫ﻳﻥ‬‫ﻮﺍﻠﻨ‬‫ﻮﺍﻠﻨ‬ ) who accuse chaste women of) who accuse chaste women of
adultery and fail to bring four witnesses flogadultery and fail to bring four witnesses flog
them eighty lashes.” - al-Nur (24) : 21them eighty lashes.” - al-Nur (24) : 21

This ruling is general as it applies to all thoseThis ruling is general as it applies to all those
who can possibly be included in its scope,who can possibly be included in its scope,
and it remains so unless there is evidence toand it remains so unless there is evidence to
warrant specification.warrant specification.

19. 
However, the general ruling of chapter 24:21However, the general ruling of chapter 24:21
is specified by verse 6 of the same chapteris specified by verse 6 of the same chapter
that a husband is allowed to prove a charge ofthat a husband is allowed to prove a charge of
adultery against his wife by taking four solemnadultery against his wife by taking four solemn
oaths instead of four witnesses, but the wifeoaths instead of four witnesses, but the wife
can rebut the charge by taking four solemncan rebut the charge by taking four solemn
oaths herself.oaths herself.

20.  An indeterminate word (al-nakirah) whenAn indeterminate word (al-nakirah) when
used to convey the negative.used to convey the negative.

Eg: La dhararar wa la dhirar fil IslamEg: La dhararar wa la dhirar fil Islam

‫ﺍﻹﺴﻼﻡ‬‫ﺍﻹﺴﻼﻡ‬‫ﻔﻲ‬‫ﻔﻲ‬‫ﺿﺭﺍﺭ‬‫ﺿﺭﺍﺭ‬‫ﻮﻻ‬‫ﻮﻻ‬‫ﺿﺮﺭ‬‫ﺿﺮﺭ‬‫ﻻ‬‫ﻻ‬

‘‘No harm shall be inflicted nor tolerated inNo harm shall be inflicted nor tolerated in
Islam’Islam’

21. 
““ ‫ﺘﻨﻬﺮﻫﻤﺎ‬‫ﺘﻨﻬﺮﻫﻤﺎ‬‫ﻮﻻ‬‫ﻮﻻ‬‫ﺍﻑ‬‫ﺍﻑ‬‫ﻠﻬﻤﺎ‬‫ﻠﻬﻤﺎ‬‫ﻻﺘﻘﻞ‬‫ﻻﺘﻘﻞ‬ ……say not to them a wordsay not to them a word
of contempt, nor repel them…” – al-Isra’of contempt, nor repel them…” – al-Isra’
(17:23)(17:23)

‫ﺑﺎﻠﺤﻕ‬‫ﺑﺎﻠﺤﻕ‬‫ﺍﻻ‬‫ﺍﻻ‬‫ﺍﻠﻠﻪ‬‫ﺍﻠﻠﻪ‬‫ﺤﺮﻢ‬‫ﺤﺮﻢ‬‫ﺍﻠﺘﻲ‬‫ﺍﻠﺘﻲ‬‫ﺍﻠﻨﻓﺲ‬‫ﺍﻠﻨﻓﺲ‬‫ﺘﻗﺘﻞ‬‫ﺘﻗﺘﻞ‬‫ﻮﻻ‬‫ﻮﻻ‬

22.  The word “The word “‫ﻤﻦ‬‫ﻤﻦ‬”” (he who) used in a(he who) used in a
conditional speechconditional speech

““whoever (whoever (‫ﻮﻤﻦ‬‫ﻮﻤﻦ‬) kills a believer by error, he) kills a believer by error, he
must release a believing slave” – 4:92must release a believing slave” – 4:92

““whoever (whoever ( ‫ﻔ‬‫ﻔ‬‫ﻤﻦ‬‫ﻤﻦ‬ ) among you sees the new) among you sees the new
moon must observe the fast…” – 2:185moon must observe the fast…” – 2:185

23. Implication of ‘amm : definitiveImplication of ‘amm : definitive
((‫ﻗﻄﻋﻲ‬‫ﻗﻄﻋﻲ‬) or speculative () or speculative (‫ﻇﻨﻲ‬‫ﻇﻨﻲ‬)?)?
 Hanafi Jurists:Hanafi Jurists:

Application of ‘amm is definitive!Application of ‘amm is definitive!

WHY?WHY?
• The language of the law is usually general and ifThe language of the law is usually general and if
its application were to be confined to a few only ofits application were to be confined to a few only of
the cases covered by its words WITHOUT athe cases covered by its words WITHOUT a
particular reason/authority, then the intention of theparticular reason/authority, then the intention of the
Lawgiver would be frustrated.Lawgiver would be frustrated.

24.  Majority (Shafi’e, Maliki and HanbaliMajority (Shafi’e, Maliki and Hanbali
jurists):jurists):

Application of ‘amm is speculative as it isApplication of ‘amm is speculative as it is
open to limitation and interpretation.open to limitation and interpretation.

25.  The consequence of differences in opinionThe consequence of differences in opinion
lead to the discussion on takhsislead to the discussion on takhsis
((‫ﺘﺧﺼﻴﺺ‬‫ﺘﺧﺼﻴﺺ‬)or specification.)or specification.

26. TAKHSISTAKHSIS
(SPECIFICATION)(SPECIFICATION)
 Literally - specification, particularisation,Literally - specification, particularisation,
individualisationindividualisation
 Technically – different meaningsTechnically – different meanings

Hanafi - is a limitation of the general provisionHanafi - is a limitation of the general provision
to some of its subjects by an independent andto some of its subjects by an independent and
joined proof.joined proof.

27.  Shafi’e jurists:Shafi’e jurists:

Basri – excluding some meanings included by the textBasri – excluding some meanings included by the text
due to the conflict between the two.due to the conflict between the two.

Shirazi- the explanation of what was not intended byShirazi- the explanation of what was not intended by
the general word.the general word.

Ibn al-Hajib- the limitation of the general to its subject.Ibn al-Hajib- the limitation of the general to its subject.

Baydawi- excluding some meaning from the scope ofBaydawi- excluding some meaning from the scope of
the word.the word.

28. Varieties of takhsisVarieties of takhsis
 Takhsis by a dependant clause whichTakhsis by a dependant clause which
occurs in the same text andoccurs in the same text and
 Takhsis by independent speechTakhsis by independent speech

29.  According to Hanafi jurists, anAccording to Hanafi jurists, an
independent speech can specify anotherindependent speech can specify another
speech only if it is established that the twospeech only if it is established that the two
speeches are chronologically parallel tospeeches are chronologically parallel to
one another.one another.
 If not the later in time abrogates the formerIf not the later in time abrogates the former
and the case is not takhsis but nasakhand the case is not takhsis but nasakh
(abrogation).(abrogation).

30.  The difference between abrogation andThe difference between abrogation and
takhsis:takhsis:

Abrogation consists of a total or partialAbrogation consists of a total or partial
suspension of a ruling at a later datesuspension of a ruling at a later date

Takhsis essentially limits the application of theTakhsis essentially limits the application of the
‘amm‘amm

31.  According to the majority, a dependentAccording to the majority, a dependent
clause may qualify general proposition byclause may qualify general proposition by
way of introducing an exception, away of introducing an exception, a
condition, a quality or indicate the extentcondition, a quality or indicate the extent
of the original proposition.of the original proposition.
 Each of the clauses will have the effect ofEach of the clauses will have the effect of
limiting and specifying the operation of thelimiting and specifying the operation of the
general proposition.general proposition.

32. Form of takhsis by a dependantForm of takhsis by a dependant
clauseclause
 Istithna-i (Istithna-i (‫ﺍﺴﺗﺜﻨﺎﺋﻲ‬‫ﺍﺴﺗﺜﻨﺎﺋﻲ‬) – the specification is by) – the specification is by
the word ‘except or unless or but’the word ‘except or unless or but’

Al-Baqarah : 282Al-Baqarah : 282
• “…“…Be not averse to writing down the contract be itBe not averse to writing down the contract be it
small or great….small or great….unlessunless it be a transaction handledit be a transaction handled
on the spot that you pass around amongon the spot that you pass around among
yourselves (yourselves ( ‫ﺣﺎﺿﺮﺓ‬‫ﺣﺎﺿﺮﺓ‬‫ﺗﺟﺎﺮﺓ‬‫ﺗﺟﺎﺮﺓ‬‫ﺗﮐﻭﻥ‬‫ﺗﮐﻭﻥ‬‫ﺃﻥ‬‫ﺃﻥ‬‫ﺍﻻ‬‫ﺍﻻ‬ ) in which case) in which case
it will not be held against you if you do not reduceit will not be held against you if you do not reduce
it into writing.”it into writing.”

33. 
An-Nur: 4-5An-Nur: 4-5
• ““And those who accuse chaste women, andAnd those who accuse chaste women, and
produce not four witnesses, flog them eightyproduce not four witnesses, flog them eighty
stripes, and reject their testimony forever; theystripes, and reject their testimony forever; they
indeed are evil doers. (verse 4)indeed are evil doers. (verse 4)
• ExceptExcept those who repent thereafter and dothose who repent thereafter and do
righteous deed. Verily, God is Oft-Forgiving andrighteous deed. Verily, God is Oft-Forgiving and
Most Merciful.” (verse 5)Most Merciful.” (verse 5)

34.  In both verses, the second portion of theIn both verses, the second portion of the
verses embodies an exception to the firstverses embodies an exception to the first
but to the extend of the secondbut to the extend of the second
punishment that is rejection of theirpunishment that is rejection of their
evidence. The punishment of floggingevidence. The punishment of flogging
remains even though they repented.remains even though they repented.

35. 
Al-Maidah (5:33)Al-Maidah (5:33)
• ““The punishment of those who wage war againstThe punishment of those who wage war against
God and His Apostle, and strive with might andGod and His Apostle, and strive with might and
main for mischief through the land is execution ormain for mischief through the land is execution or
crucifixion, or the cutting off of hands and feet fromcrucifixion, or the cutting off of hands and feet from
opposite sides, or exile from the land…”opposite sides, or exile from the land…”

36. 
Specified by the ayah (34) following it:Specified by the ayah (34) following it:
• ““Except for those who repent before they fall intoExcept for those who repent before they fall into
your power; in that case know that God is Oft-your power; in that case know that God is Oft-
forgiving, Most Merciful.”forgiving, Most Merciful.”

37.  Al-syart (Al-syart (‫ﺍﻠﺷﺮﻁ‬‫ﺍﻠﺷﺮﻁ‬) - By giving a condition to a) - By giving a condition to a
general propositiongeneral proposition

Example contains in verses of inheritance soExample contains in verses of inheritance so
far as the portion of the husband or wife isfar as the portion of the husband or wife is
concernedconcerned
• Al-Nisa’ (4) : 12Al-Nisa’ (4) : 12
• ““In what your wives leave, you are entitled to oneIn what your wives leave, you are entitled to one
halfhalf ifif they have no children.”they have no children.”

38. • The application of the general rule in the firstThe application of the general rule in the first
portion of the verse has been qualified by theportion of the verse has been qualified by the
condition provided in the second portion of thecondition provided in the second portion of the
verse that is in the absence of any child.verse that is in the absence of any child.

39. • Al-Baqarah (2:180)Al-Baqarah (2:180)

““It is prescribed when death approaches any of you, if heIt is prescribed when death approaches any of you, if he
leaves any goods, that he makes a bequest to parentsleaves any goods, that he makes a bequest to parents
and next of kin…”and next of kin…”

The generality of the ayah of making a wasiyyah isThe generality of the ayah of making a wasiyyah is
specified by the same ayah that only if he leaves anyspecified by the same ayah that only if he leaves any
goods.goods.

40.  Attribute (Attribute (‫ﺍﻠﺼﻓﺔ‬‫ﺍﻠﺼﻓﺔ‬) In a form of description or) In a form of description or
qualificationqualification

(al-Nisa’:23)(al-Nisa’:23)
• ““And forbidden to you are step daughters underAnd forbidden to you are step daughters under
your guardianship from your wives with whom youyour guardianship from your wives with whom you
have consummated the marriage.”have consummated the marriage.”

41.  Extent (Extent (‫ﺍﻠﻐﺎﻴﺔ‬‫ﺍﻠﻐﺎﻴﺔ‬): In a form of specifying the): In a form of specifying the
extent of application of a generalextent of application of a general
proposition. (signified byproposition. (signified by ilaila ((‫ﺍﻠﻰ‬‫ﺍﻠﻰ‬) or) or hattahatta
((‫ﺤﺘﻰ‬‫ﺤﺘﻰ‬))

(al-Maidah:6)(al-Maidah:6)
• ““O you who believe, when you rise up for prayer, wash yourO you who believe, when you rise up for prayer, wash your
faces, and your handsfaces, and your hands up toup to the elbow, rub your heads withthe elbow, rub your heads with
water and wash your legswater and wash your legs up toup to your ankle.”your ankle.”
.”.”

42. • Al-Baqarah (2:222)Al-Baqarah (2:222)

““They question you (Muhammad) concerningThey question you (Muhammad) concerning
menstruation. Say it is an ailment. So let women alone atmenstruation. Say it is an ailment. So let women alone at
such times and go not unto themsuch times and go not unto them untiluntil they arethey are
cleansed.”cleansed.”
• Al-Baqarah (2:196)Al-Baqarah (2:196)

“…“…and do not shave your headsand do not shave your heads untiluntil the offering (animalthe offering (animal
to be slaughtered) reaches the place of sacrifices…”to be slaughtered) reaches the place of sacrifices…”

43. Takhsis by independent speechTakhsis by independent speech
 By another Quranic verse:By another Quranic verse:

Al-Baqarah (2:228) – ‘ammAl-Baqarah (2:228) – ‘amm
• ““Divorced women must observe three coursesDivorced women must observe three courses
upon themselves…”upon themselves…”

44. 
The generality of 2:228 is specified by al-The generality of 2:228 is specified by al-
Talaq verse 4:Talaq verse 4:
• ““Such of your women as have passed the age ofSuch of your women as have passed the age of
monthly courses, for them the prescribed period, ifmonthly courses, for them the prescribed period, if
you have any doubts, is three months and foryou have any doubts, is three months and for
those who have no courses, (it is the same); forthose who have no courses, (it is the same); for
those who carry (life within their wombs) theirthose who carry (life within their wombs) their
period is until they deliver…”period is until they deliver…”

45. 
Also by al-ahzab (33:49) which removes theAlso by al-ahzab (33:49) which removes the
requirement of iddah in cases where divorcerequirement of iddah in cases where divorce
takes place prior to the consummation oftakes place prior to the consummation of
marriage.marriage.

46.  By hadith -By hadith -

It is agreed by all jurists that hadith may alsoIt is agreed by all jurists that hadith may also
specify verses of al-Quran as long as thespecify verses of al-Quran as long as the
hadith is the Mutawatir and Mashhurhadith is the Mutawatir and Mashhur

47.  In al-Maidah : 3In al-Maidah : 3

““It is prohibited to you dead carcase (carrion),It is prohibited to you dead carcase (carrion),
blood, pork….”blood, pork….”
-
Dead carcase covers every dead animals.Dead carcase covers every dead animals.
-
Then came a Hadith that specify the verse:Then came a Hadith that specify the verse:
- ““Its (sea) water is pure (for ablution) and its dead isIts (sea) water is pure (for ablution) and its dead is
permissible (as food)permissible (as food)

48.  Another example – al-Baqarah (2:275):Another example – al-Baqarah (2:275):

““Allah allows sale and prohibits riba”Allah allows sale and prohibits riba”

The verse is qualified by the hadith prohibitingThe verse is qualified by the hadith prohibiting
voidable sale.voidable sale.
• Ibnu Umar said:Ibnu Umar said:

‫ﺍﻠﺤﺒﻠﺔ‬‫ﺍﻠﺤﺒﻠﺔ‬‫ﺤﺒﻞ‬‫ﺤﺒﻞ‬‫ﺒﻴﻊ‬‫ﺒﻴﻊ‬‫ﻋﻦ‬‫ﻋﻦ‬‫ﻧﻬﻰ‬‫ﻧﻬﻰ‬‫ﺍﻠﻠﻪ‬‫ﺍﻠﻠﻪ‬‫ﺮﺴﻮﻞ‬‫ﺮﺴﻮﻞ‬‫ﺍﻦ‬‫ﺍﻦ‬

““The prophet prohibits the sale of the unborn child of aThe prophet prohibits the sale of the unborn child of a
camel while still in the womb.”camel while still in the womb.”

49.  Jurist, however, differ as to whether aJurist, however, differ as to whether a
solitary hadith can specify Quranicsolitary hadith can specify Quranic
verses?verses?

50.  Majority – solitary hadith may specify aMajority – solitary hadith may specify a
general provision of the Qurangeneral provision of the Quran
 Hanafi – solitary hadith cannot specify theHanafi – solitary hadith cannot specify the
general provision of the Qurangeneral provision of the Quran

51.  Example:Example:

al-an’am (6) : 121al-an’am (6) : 121
• “…“…eat not (of meat) on which God’s name has noteat not (of meat) on which God’s name has not
been pronounced…”been pronounced…”

There is a solitary hadith:There is a solitary hadith:
• “…“…the believer slaughters are lawful whether hethe believer slaughters are lawful whether he
pronounces the name of God or not…”pronounces the name of God or not…”

52.  By Ijma’By Ijma’

Al-Nisa’ (4:11) prescribing that children of aAl-Nisa’ (4:11) prescribing that children of a
deceased person can inheritdeceased person can inherit

However, the generality of the verse (children)However, the generality of the verse (children)
is qualified by ijma’ of the ulama’ that childrenis qualified by ijma’ of the ulama’ that children
exclude child slave (child of a man with hisexclude child slave (child of a man with his
slave).slave).

53.  Takhsis or specification may also beTakhsis or specification may also be
performed by the independent proofsperformed by the independent proofs
such as:such as:

Reasoning (‘aql)Reasoning (‘aql)

Verbal tradition and customs (‘Urf Qawli)Verbal tradition and customs (‘Urf Qawli)

54. Effect of ‘ammEffect of ‘amm
 Remains in force and action upon it isRemains in force and action upon it is
required unless there is a specifyingrequired unless there is a specifying
clause which would limit its applicationclause which would limit its application