THE CONCEPT OF QAṬ’Ī DALĀLAH: DEFINITION, LAWS, AND PERCEIVED CONFLICT

Submit : Apr 20, 2019 In terms of methods of discovering Islamic law, experts formulated 3 methods, namely: linguistic interpretation methods, kaukasi methods and theological methods. The mention of the method of discovery of the first type of law as bayani reasoning means that the discussion is more focused on text, in this case the text is Arabic. This method is a method of legal discovery by interpreting or interpreting existing Islamic legal texts, namely the Quran and hadith. Urgency of sharia is based on the understanding of the verses (verses) of the law in the Qur'an and hadith, the process of decomposition, deepening, and formulation of the law based on a collection of sources from the Qur'an and Hadith. Clear Lafaz is a clear explanation its designation of the intended meaning without requiring an outside explanation. Lafaz, whose meaning is clear, there are 2 opinions, result and findings discussed. Revision : Apr 20, 2020 Revision Minor : Apr 24, 2020


Qaṭʻī and Zanni
Etymologically, the words qaṭʻīi and zanni each come from the Arabic word ‫قطع‬ -‫يقطع‬ -‫قطعا‬ which means, cuts, breaks and is certain. Whereas the zanni ّ ‫ظن‬ -ّ ‫يظن‬ -ّ ‫ا‬ ‫ظن‬ means presumption and estimation. (Luwis 1960:220). Whereas according to the term, as stated by Abdul Wahab Khallaf (Cairo University legal expert) that the passage which is qath'i aldalalah is the nash (Quran/hadith) which refers to certain meanings that must be understood from the editor (lafaz) and may not accept takwil and other meanings (Khallaf 1990: 74).
Based on this definition, it can be understood that the verse which is al-dalalah is naṣh (Quran/hadith) which has a single meaning which is impossible to accept interpretations in the form of ta'wil, takhsis or tabdil and others (Munawwir 1997(Munawwir :1277. The lafaz zanni is the opposite of the qaṭʻī. Al-Qur'an if in terms of its content there is a qaṭʻīi dalalah (definite meaning), and there is a zanni in it (relative meaning). What is meant by the certainty of meaning or qaṭʻī is the verses that have clear meaning (do not require interpretation), while the meaning of zanni is (the relative meaning) is the verses of the Koran which still require interpretation, making it possible Islamic scholars and thinkers differed from the age of the era. (Ishak t.t:3)

Types of Zanni Dalalah in Clearness of Word and It's Law
Judging from the level of clearness of the lafaz in showing the intended meaning, then zanni al-dalalah is divided into four types,are as follows: Zahir, Nas, Mufassar, then Muhkam.
According to the scholars of ushul fiqh, zahir al-dalalah or also called wadih al-dalalah is a pronunciation that shows the firmness of the meaning that is clearly stated in the lafaz itself, not dependent on anything outside the letter. In other words, zahir al-dalalah is a lafaz whose meaning is indicated by the editor of the word, so to arrive at that meaning there is no need for any help outside of the word. Judging from the level of clearness of the lafaz in showing the intended meaning, then zahir al-dalalah is divided into four types, while the sequence of the four types of levels from the clearer then the clearer and so on increases to more clearly, are as follows: zahir, nash, mufassar, then muhkam. From the viewpoint of clarity (wuduh), words are divided into the two main categories of clear and unclear words. A clear word conveys a concept which is intelligible without recourse to interpretation.

The Concept Of Qaṭ'ī Dalālah: Definition, Laws, And Perceived Conflict
proposition that invalidates the absoluteness of the argument. And if the zahir is in the form of a lafaz al-'am, then it must be practiced according to its generality, until there is another argument that insists (specifies) the validity of the redaction's lafaz or that the lafaz is carried out according to the meaning indicated by it (Maulidizen 2016:147).

b. Nash
Nash is a clear word that is in harmony with the context, but still open to Ta'wil.
Thedistinction between Zahir and Nash is whether the meaning is in harmony with the context or whether the meaning is primary or secondary in the text concerned. The obvious meaning of Zahir and Nash should be followed unless there is reason to warrant recourse to Ta'wil. Nash's Law As a zahir law, the nash category must also be practiced according to the condition of the nash and can accept or mentakwilkan that if the pronunciation is in the form of an absolute certificate must be practiced on its absoluteness until there is an argument which condemns it. And if the nash in the form of lafaz al-'am must be carried out on its generality until there is a proposition that bases or is practiced according to the meaning that is appointed until there is a positive argument. For example, the Law of the will which is absolutely stated in the Holy Qur'an: ‫منّبعدّوصیةّيوصيّبھاّاودين....‬ ....
After being fulfilled the will that he made or (and) after being paid his debt ..." (QS. 4:12) In the above paragraph it is affirmed that a will and debt must take precedence over the distribution of inheritance. The will in the above paragraph is stated absolutely. Then limited to as many as one third of the inheritance, as stated by the Prophet: ....ّ ‫الثلثّوالثلثّكثیرأوّكبیرّرؤاهّالبخارىّومّلمّسّعنّابىّعباسّرضيّهللاّعنھ‬ Meaning: "... (The will) is a third (inheritance) and like that is large or large". (Narrated by Nash. The distinction between the Zahir and nash mainly depends on their relationship with the context. These may be illustrated in the Qur,anic text concerning polygamy, as follows: And if you fear that you cannot treat the orphans justly, then marry the women who seem good to you, two, three or four (al-Nisa, 4:3) Two points constitute the principal theme of this ayah, one of which is that polygamy is permissible, and the other that it must be limited to the maximum of four. We may therefore say that these are the explicit rulings (nash) of this text. But the legality of marriage between men and women is not the principal theme of this text, but only a subsidiary point.
The main theme is the nash and the incidental point is the Zahir (Abu Zahrah 1997:166) The effect of Zahir and Nash is that their obvious meanings must be followed unless there is evidence to warrant recourse to ta'wil. When we say that Zahir is open to ta'wil, it means that when Zahir is general, it may be specified, and when absolute, it may be qualified.
Similarly the literal meaning of Zahir may be abandoned in favour of a metaphorical meaning.
And finally, Zahir is susceptible to abrogation which, in the case of the Quran and Hadith, could only occur during the lifetime of the Prophet. With the lafadz ‫كافة‬ all) in the verse above, excludes takhsish to lafaz 'am: ‫)المشركین‬ polytheists). Thus, with the explanation it has become clear the meaning intended, without the need for explanation from the others.
[2] Mufassar bighairihi, which is a pronunciation that requires an explanation from the other for the clearness of the clue to the intended meaning. For example, in lafaz mujmal (global) then to explain so that the meaning shown by the mujmal must have an explanation from the others. For example the word contained in the Holy Qur'an: ‫واقیمواّالصلوة....‬ Meaning: "And establish prayer ..." (Qur'an, 2:43) Lafaz ‫الصالة‬ according to language means prayer. The ease of this pronunciation is used by syara 'for other meanings which are more detailed but, because in the verse, put forward in a formal manner, it is not sufficiently clear the intended meaning. Therefore an explanation is needed from the others, which in this case is explained by the traditions both in the form of the words of the Prophet and his actions, including:

ّ ‫صلواّكمارأيتمونىّأصلى‬
Meaning: "Pray for you, as you see me praying" (Narrated by Al-Bukhari).
Must apply the meanings shown by Mufassar, unless there is a valid proposition that justifies it.

d. Muhkam
Muhkam is a lafaz which clear to the clue and to the meaning intended (by compilation) of the lafaz, with no possibility of being ordained and not condemned during the apostolic Meaning: "And those who accuse good women (of adultery) and they do not bring four witnesses, so they (the accusers) roar eighty times, and do not accept their testimonies for the rest of their lives. " The testimony of the person who has done qazaf network for ever unacceptable because the verse is accompanied by the words of ‫ابدا‬ (for ever).
Because muhkam cannot accept takwil and cannot be abrogated, there is no other meaning than the meaning shown to a definite meaning. Therefore, it is mandatory to practice this muhkam. There is no real distinction between Mufassar and Muhkam in terms of clarity. However, the jurists have made a distinction between Muhkam and Mufassar, which one is liable to abrogation and which one is not. Whereas to achieve mutawatir nature is almost certainly difficult. Because, he is very dependent on the ten facts of the pronunciation he calls muqaddimah 'syarah and all of them are zanni, namely: (1) The possibility of subjectivity of the narrative of lafaz (the language of legal postulates) and the thought of the Arabic grammar experts, (2) the pronunciation sometimes contains many meanings (isytirak), (3) There are those who are not essential, (4) The words are sometimes in syara' and tradition terms at the same time, (5) The meanings are often hidden in meaning, (6) The lafaz are sometimes general, so they require takhsis, (7) Lafaz-lafaz is sometimes absolute, it requires boundaries (taqyid), (8) Lafaz-lafaz is probably the mansukh who needs his wisdom (nasikh), (9) The lafaz-lafaz sometimes comes first and sometimes ends (taqdim/ta'khir), and (10) Does not contain a logical rejection (adam al-

mu'arid al-'aqly).
Al-Syathiby explained that if there is one of the above elements in the lafaz, then the status is zanni. And the possibility is difficult to avoid. Therefore, he concluded that if the arguments of sharia stand by itself it is difficult to find meaningful qath'I, if there it would be rare. Al-Syathiby explained further how the actual process passed by a law was lifted from a passage so that it was finally named qath'i. Thus, the process shows that the certainty of the meaning of the postulate (dalil) must be mutawatirmaknawi, not merely the meaning of lafzi. Furthermore, al-Syathiby gave an example that maqasid al-shari'ah is five (maintaining religion, soul, descent, wealth, and reason) which is qath'i in nature, there is no shari'ah argument which shows clearly (implied), but because all laws must be carried out, all aim to maintain the five, then usl (maqasid al-shari'ah) is considered qath'i (definite) or ma'lum an al-din bi daruri.

Law of zahir, Nash, Mufassar and Muhkam
Mufassar is a word or text whose meaning is completely clear and in harmony with the context. Because of this, there is no need for recourse to ta'wil. But the Mufassar may still be open to abrogation. The idea of the Mufassar, as the word itself implies, is that the text explains itself. The Mufassar occurs in two varieties, one being the text which is selfexplained, or Mufassar bi dhatihi, and the other is when the ambiguity in one text is clarified and explained by another. This is known as Mufassar bi ghayrihi (Zahrah, 1982: 96) Examples: the text in sura al-Taubah (9:36) which addresses the believers to 'fight the pagans all together (kaffah) as they fight you all together'. The word 'kaffah' which occurs twice in this text precludes the possibility of applying specification (takhsis) to the words preceding it, namely the pagans (mushrikin). The words of a statute are often self-explained and definite so as to preclude ta'wil. But the basic function of the explanation that the text itself provides is concerned with that part of the text which is ambivalent (mujmal) and needs to be clarified. When the necessary explanation is provided, the ambiguity is removed and the text becomes a Mufassar. An example of this is the phrase 'laylah al-qadr' ('night of qadr') in the following Qur'anic passage. The phrase is ambiguous to begin with, but is then Meaning: "zahir is a syar'i argument (which) must be followed, unless there is a proposition that shows something else." The point is that if there is no strong reason to encourage the judgment of something lafazh, then lafazh zahir is used as a proposition and that we must follow.
Implications of the Application of Zahir Law, to find out the laws implied behind a pronunciation, a study that uses ra'yu is needed. Here, reasoning is needed to know the nature and purpose of a pronunciation in the Quran, which allows to stretch the law that applies in the aforementioned sentence to other events that emerge behind this pronunciation can be done in several ways: First, the expansions of a pronunciation to other intentions can be done solely in understanding. In the ushul fiqih this method is called using the muwafaqah rules or the understanding of mukhalafah. The second form of opposition to other intentions is not merely a lafaz understanding but depends on an understanding of legal reasons or illat. The way to spread the lafaz in this form is to use the qiyas rule. But in a moment to realize a greater benefit, the mujtahid tries to dilute the connection to the others even though the connection is not strong. The law of a new event that appears, is directly related to the event that there is legal certainty in the text and the link must be clear and definite and strong. In this form Mujtahid will find another law than if he used the usual qiyas (1) Ta'wil sahih, namely ta'wil based on theorem, (2) regional facilitators, namely regional offices based on false arguments, (3) In advance, the ta'wil is not based on theorem, and (4) Regional offices based on the arguments are two, namely: Ta'wil qarib, is ta'wil which is based on the lowest arguments, meaning based on logical, textual or contextual understanding, or pen'wilan which can favor mu'awwal over dzahir with a simple proposition, and Ta'wil Ba'id is ta'wil whose requirements cannot be fulfilled in a ta'wil based on the lowest argument. So from that if, it turns out in the penta'wilan it was found that deviations from these requirements must be rejected.

Perceived Conflict Between Mufassar and Nash Is not Conflict
Since Mufassar is one degree stronger than nash, in the event of a conflict between ablution of a woman who experiences irregular menstruations that last longer than the expected three days or so: she is required to perform the salah; as for the ablution (wudu') for salah, she is instructed, according to one Hadeeth: A woman in prolonged menstruations must make a fresh wudu' for every salah. According to another Hadeeth A woman in prolonged menstruation must make a fresh wudu' at the time of every salah.. The first Hadith is a nash on the requirement of a fresh wudu' for every salah, but the second Hadeeth is a Mufassar which does not admit of any ta'wil.