| 6) Principles Of Hanafi Fiqh - The Discussion On Zann
The Discussion On Zann
The Various Meanings Of Zann
The Qur`aan Majeed was revealed in dialogue (format) and it is understood accordingly, so the meaning of zann is not only that which is mentioned in Mullah Hasan, etc. When perusing some junctures in the Qur`aan Majeed, I say that in the dialogue, the meaning of zann is not necessarily confined to the preferred view of the ruling. Allaah Ta'ala says in one Ayah:
"(They are those) who are certain that they are going to meet their Lord, and that unto Him they are going to return." (2:46)
here the word zann (think) means yaqeen (certainty), because the meeting with Allaah Ta`ala is for certain. At another juncture, Allaah Ta`ala states regarding the statement of the kuffaar on the Day of Qiyaamah,
"And when it was said: "Verily! Allah's Promise is the truth, and there is no doubt about the coming of the Hour," you said; "We know not what is the Hour, we do not think it but as a conjecture, and we have no firm convincing belief (therein)." (45:32)
here also, the meaning of zann is not according to its literal and dictionary definition, because the thoughts and doubts of the kuffaar of their being presented at the Final meeting place was not an overwhelming one. They were in fact total deniers and refuters of this event. The Qur`aan Majeed itself states this in the Aayat, “Indeed they (the kuffaar) refute and belie The Final Hour.” Hence here the meaning of zann is not doubt, because the kuffaar have no perception or possibility of Qiyaamah.
After reflecting on all this, I reach the conclusion that the meaning of zann in dialogue (context) is notion, whether this notion is true one or a spurious one. If one keeps this in mind, then it will be easy to understand these Aayaat, without laving any misgivings and doubts. However, in the Ayah:
"And most of them follow nothing but conjecture. Certainly, conjecture can be of no avail against the truth. Surely, Allah is All-Aware of what they do." (10:36)
the word zann refers to pure conjecture without proof. [Badaa`i, page 195]
The Shar`i Definition Of Zann And Its Proof
The Shar`i zann because it is beneficial refers to the thought, notion or opinion with proof. It gains the status of being of consideration and a proof owing to its Shar`i proof. Everyone agrees that there are some Aayaat in the Qur`aan Majeed which are brief and difficult (to understand). Every Aayat is not mufassir or muhkam, and since there are some which are brief and complicated, hence their tafseer (interpretation) is not absolute and has to be of zanni category. Now, if zann were not acceptable, then these Aayaat would have to be left alone and without compliance, whereas this is not the case. [Badaa`i, page 196]
Places And Junctures Where Zann Is Taken Into Consideration
Zann is not acceptable or used in matters of Aqaa'id, but in Fiqhi issues, because in fiqh there is a need to execute actions and deeds. The students of Deen should remember this. [Bawaadirun Nawaadir, page 882]
Rulings Can Be Based On Zann-e-Ghaalib And Not On Imagined Issues
If there is an imagined benefit in a certain thing and an overwhelming harm, then such a thing is Haraam. For example, journeying to the moon has imagined benefits and it is unnecessary, but the harms and dangers are real and overwhelming, hence such a trip is Haraam. Allaah Ta`ala says in the Qur`aan Majeed, “And do not kill yourselves.” [Anfaas `Aini, page 390, vol. 1]
The Requirement Of Being Zanni
A necessary side to being zanni is that there will always be a doubt on it being otherwise. If you have this doubt, then know that the zanniyat of the mas`alah at hand is confirmed and strengthened. There is no harm in such doubt and uncertainty. [Majaalis Hakimul Ummat, page 172]
The Final State Of Husn-e-Zann (Good Opinion)
The ultimate of husn-e-zann is that a suitable interpretation is found for the act, which conforms to the Shariah, and it is subservient to the Shariah. It should not be such that it alters the Shariah and makes the Shariah subservient to it. [Bawaadir, page 191, vol.1]
The Standard (Yardstick) By Which Zann Is Classified As Praiseworthy Or Censured And Acceptable Or Unacceptable
With regards to the Ayah 10:36, the Ahl-e-Ilm have reservations about the validity and worth of zann in the Shariah. Khabar-e-waahid and Qiyaas are based on zann whose sources and proofs are the related to nass. Khabar-e-waahid is zanni, but its origin is not zanni-us thuboot, the zann factor only came about in the chain of narrations (sanad), otherwise insofar as the actual words being from Nabi (sallallahu alayhi wasallam), this is absolute. Similar is the case with Qiyaas, although its formulation is zann, it is not established by itself (alone), in fact it is a muzhir (like a mirror), which gains its rank owing to nass, wherefrom its ruling originates.
Only that zann is liable for criticism which is not proven from nass, and is based on baseless conjecture.
Those conjectures which are not extracted from the valid Shar`i proofs are not endorsed. The Deen is not based on those views which are not proven from the Shariah.
The condition of Deen has been placed on this because it is not necessary that all such conjectures are not beneficial. The science of tibb (medicine), which is not a matter of Deen, is nonetheless, of benefit and consideration.
However, it is impermissible to execute such acts which pertain to worldly matters wherein zann is prohibited. The object is that in Deen matters, conjecture and opinions are irrelevant regardless of how great the status or intelligence of the one tendering these opinions. [Da`wat Abdiyat, page 119]
The Types Of Zann And Their Rulings
Zann has many types. One is Waajib which includes the zann fiqhi ghair mansoos, and to have husne zann about Allaah Ta'ala. Another is Mubaah, like the opinions in social matters. It will be permissible to hold an opinion of fisq of such a person who outwardly displays such traits, like socialising in and around beer-halls and dancingwomen. However one will not be absolute in labelling him a faasiq. It is also not sinful to harbour bad thoughts and opinions which surface involuntary, on the proviso that one does not act on them and tries to eliminate them.
The third type is Haraam. That is to hold opinions on fiqhi matters without absolute proof. It is likewise Haraam to hold the opinion of fisq for the person who does not display such signs and has a pious outward appearance. [Bayanul Qur`aan, page 47, vol. 11]
The Ruling On Having Ill-Feelings In Transactions
To carry out and put in effect an ill-feeling is Haraam. For example to disgrace him or cause him any harm. [Ibid. page 47, vol. 11]
One should have reservations and be suspicious when transacting and have good presumptions in matters of belief. The meaning of having reservations in transactions is that one will not give credit or loan money to someone regarding whom one has no experience (stranger). [Anfaas `Aini, page 619, vol. 2]
The Proof Of Considering Contexts
Nabi (sallallahu alayhi wasallam) had prohibited from eating the food of haughty people. It is apparent that no one proclaims himself to be haughty. This is deduced by his actions and mannerisms. If this (a person being haughty) was not ascertained by context (of his actions and deeds), then what was the use of Nabi (sallallahu alayhi wasallam) saying what he said? It would not have been a practical instruction. This makes it clear that it is permissible, to take into consideration the context and external factors. [Da`wat Abdiyat, page 152, vol. 19]
[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]
» Posted by Seifeddine-M on 14th November 2011
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