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Islamic Law Notes

The document discusses different types of text in Islamic jurisprudence including clear text (zahir), unclear text, and text that has a clear meaning but allows for alternative interpretations. It also discusses the number of scholars needed for consensus on an issue and how tacit consensus differs from explicit consensus.

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Uzair Khan
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28 views1 page

Islamic Law Notes

The document discusses different types of text in Islamic jurisprudence including clear text (zahir), unclear text, and text that has a clear meaning but allows for alternative interpretations. It also discusses the number of scholars needed for consensus on an issue and how tacit consensus differs from explicit consensus.

Uploaded by

Uzair Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Islamic law

Clear and unclear text in Jurisprudence:


The manifest (Zahir) is a word which has a clear meaning and yet is open to ta'wil, primarily
because the meaning that it conveys is not in accord with the situation in which it arises. It is a
word which has a literal original meaning of its own but which leaves open the possibility of an
alternative interpretation. For example, the word 'lion' in the sentence 'I saw a lion' is clear
enough, but it is possible, although less likely, that the speaker might have meant a brave man.
Zahir has been defined as a word or words which convey a clear meaning, while this meaning is
not the principal theme of the text in which they appear.

A word the meaning of which are understood by the listener instantly on hearing without any
more rational about it.

Literally, text means the testimonial of communication, explicit speaking. Technically, text
means an seeming word which is also the objective of the speech. In other words, a word the
meaning of which is understood by the listener and the speaker had spoken it to convey the same
meaning. When a word delivers a clear meaning that is also in

Concord with the context in which it appears, and yet is still open to ta'wil, it is classified as

Nash
Number of scholars available at the time the issue is come across/raised. Consensus will never
exist unless there is a plurality of coexisting opinions. No Ijma’ can materialize when there is
only a single scholar in the community. - According to the majority of the scholars, unity is a
prerequisite of ijma’. All jurists, regardless of locality, race, color and school of following must
reach a consensus on a juridical opinion at the time an issue arises. The presence of a different
view, even by a small minority prevents the possibility of ijma’ disprove Tacit ijma’ is a
probable ijma’ which

only creates a probability but does not prohibit the

possibility of fresh ijtihad on the same issue. unambiguous.

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