Kairat Kurmanbayev

PhD student of Egypt University of Islamic Culture Nur Mubarak, faculty of Islamic Studies. Almaty, Kazakhstan

Linguistic matters in works of al-Sygnaqi related to “Usul al-Fiqh”

Regardless of which science in Islam we take for example, its basics, theory, methodology, terms and concepts are based on Arabic language. The linguists elicited much benefit from some Islamic sciences, particularly from methodological point of view. We can clearly see close relation between two fields from works of scholars who investigated Islamic law basics. Husamuddin al-Sygnaqi also made linguistic analyses to theological, legal terms in his works dedicated to Islamic theology and law and devoted special research works to Arabic linguistics apart from his works in Islamic studies which back up the above-mentioned fact.

His two big works are known to us among those which have been preserved to our days, investigated, published: interpretation to al-Ahsikasi’s work devoted to basics of Islamic law (usul al-fiqh) “Al-Uafi fi usul al-fiqh” and interpretation to the famous book of al-Bazdaui “Al-Kafi sharh al-Bazdaui”.

It is mandatory for a scholar who conducts researches on Islamic law basics to have advanced knowledge in Arabic linguistics alongside with Islamic studies as it is required to know essential principles of Arabic language in order to be able to comprehend Quranic and hadith texts and draw verdicts from them. Husamuddin al-Sygnaqi in the above-mentioned works regarding Islamic law basics (usul al-fiqh) having stipulated the most vital resources of sharia, made a comprehensive analysis by pointing out the significant role of Arabic linguistics in making verdicts in Islamic law.

It can be clearly seen from this and the above-mentioned works on linguistics of as-Sygnaqi that his command and knowledge of Arabic and Persian were perfect. Clearly can his invaluable theoretical reflections be noticed from his books, because he was able to deeply comprehend Kuran and hadiths from methodological and theoretical viewpoints. Moreover, he was the scholar who had studied evidences of each and every matter in usul al-fiqh in detail.

Grasping a meaning of religious texts (Quran and sunnah), obtaining right verdicts from them are based on linguistic-semantic methods and rules. As the meaning and contents of the majority of religious texts are multilayered, they are conceived and interpreted in different ways inasmuch as such lexical-phraseological semantics is intrinsic to nature of a language, its structural system as: direct meaning, distorted meaning, indirect meaning, hidden meaning, connotative meaning, polysemantics, main meaning, general and concrete meanings.

If we dwell upon linguistic matters in works of al-Sygnaqi as “Al-Kafi” and “Al-Uafi”, it is said that identifying sharia verdicts depends on nazm and meaning. Thus, the scholar described the Quran in the mentioned works as nazm and meaning citing: “Nazm is word structures encountered in the Quran, meaning is content of those word structures” [1, 1/202].

Al-Sygnaqi found it more accurate to use the word “nazm” instead of “lafz” in terms of Quran by saying that his teachers had not approved of using the word “nazm” to the Quran. “Nazm” in the Quran insinuates to a peculiar manner with its own word structure and order different from common speech manner (style) of Arabs.

Taking guidance from works of Imam al-Bazdaui and Imam al-Ahsikasi, as-Sygnaqi enunciated ways of identifying sharia verdicts in terms of “nazm” and “meaning” from 4 sides. They are:

First: Nazm from the perspective of word form and linguistic meaning: ‘Amm (general), has (concrete), mushtarak (homonym) and muauual (assumptive) words.

If we called the sound content in which a word is pronounced its form, the word meaning would be its content. It means that “word form” is the way the word comes in a verb form in a certain tense or imperative mood or nominative forms. As for “linguistic meaning”, it is a meaning we perceive from a word or word combination in a certain form. That meaning can be found in a certain word or all words derived from it. For example: all products made of gold are golden that is the shared meaning to every meaning of different word forms as past tense or future tense. Therefore it is said “this form of a word communicates general or concrete meaning”. Mushtarak (homonym) and muauual (assumptive) meanings are also like that.

«’amm» (general) – words conveying general meaning regardless of number and quality of different concrete and abstract nouns and concepts, hass (concrete) – a particular word conveying a certain meaning.

Mushtarak (homonym) words – different words that share the same spelling and pronunciation but have different meanings. Al-Sygnaqi cites as an example the words «الأمّة», «الروح» used in different senses in different ayahs [1, 1/261-262].

Muauual (assumptive) – picking up the most suitable one out of homonyms as per the intended meaning. The meaning chosen referring to a concrete proof is called mufassar (enunciated).

The usul (Islamic law) scholars came to contradictory opinions when explaining general, concrete words which caused different verdicts to arise in legal matters. The mutakallim scholars considered the meaning of general words to be “presumptive,” while the Hanafiyya scholar recognized the words as “concrete evidence.” According to the mutakallim principle, “Every general statement is clear,” and as a result of studying the words involved with words that have general meanings in text, every general meaning is likely to be made clear as clear is invariably implied in a general statement. However, when this is possible, exactness vanishes [2, 1/34]. As a result of these viewpoints, contradictory opinions arise regarding evidence that renders clear a general (amm) text with semantics and text both exact. Thus, the majority of scholars who considered the general (amm) meaning as assumptive (zanni) evidence said that it could be made clear using assumptive evidence, but Hanafiyya scholars who regarded it clear put forth the opinion it could not be made clear by assumptive evidence. As-Sarahsi wrote, “It is not right that Quranic verses and mutawatir sunnah which enunciate a general meaning that is exact both textually and semantically are clarified with assumptive evidences like ahad, hadith, and qiyas”[3, 1/142]. Likewise, if there is any evidence that the word with an unambiguous meaning (hass) implies a presumed meaning, that is if there is any evidence that another meaning is implied other than the first meaning of the unambiguous word, the unambiguous word is explained by its implied meaning.

The second: from the perspective of the enunciation ways of nazm or of the word being overt or covert evidence to meanings rendering verdict:

а) Words with explicit meanings: zahir (exterior), nass (textual), mufassar (enunciated) and muhkam (exact);

b) words with ambiguous meaning: hafi (hidden), mushkil (incomprehensible), mujmal (brief) and mutashabih (ambiguous);

The enunciation of nazm is connected to word combinations, additional words, because the exterior meaning of a text might be in metaphorical meaning. Therefore the text needs to be explained by additional words until the exact meaning is defined. For instance, from the sentence in Arabic «جاءني زيد» “Zeid has come to me” it might be understood that “a piece of information has arrived”. That is why we clarify the zahir (exterior) meaning of the sentence by adding the word “himself” that is “Zeid himself”. Likewise, if a concrete or particular meaning is perceived by the text with a general meaning, the needed meaning is obtained by adding words “all”, “whole”. For that reason it was called “ways of enunciating nazm”. The mentioned ways of enunciating nazm can be clear through antonyms. Zahir (exterior) – hafi (hidden), nass (textual) – mushkil (incomprehensible), mufassar (enunciated) – mujmal (brief), muhkam (concrete) – mutashabih (ambiguous) meanings are rendered.

Zahir represents a word with a clear meaning that is open to interpretation that can be negated, presumed or concretized. Nass represents a word that is not only clear, but also in harmony with its context. As an example, the “zahir” meaning of the ayat (verse), “Allah made trade permitted, but made usury forbidden,” is unambiguous – trading is acceptable, but credit is forbidden. Its context was also given in the full text, providing information about the reason for the ayat by highlighting the fact that trade and usury are not the same. It answers the mushriks (non-believers) who regarded trade and usury as identical. If a word or a text from the period of the Prophet could be negated, but could not be rationalized or solidified, and led to a specific verdict under consideration, it would be categorized as mufassar, or unequivocal. Mufassar text is not subject to interpretation, and as such it is more powerful than ideas categorized as nass or zahir. If concise (mujmal) words from holy Quran are defined and interpreted by the Prophet, they become the enunciated (mufassar) word. If the meaning of a word is clearer than that of the enunciated (mufassar) word or text and if it cannot be either presumed or negated, it is called muhkam. For instance, in the 57th ayah of “Nisa” surah which declares joyful information about staying in Jannah for eternity the word “eternity” (خَالِدِينَ) is muhkam as the fact that they will stay in Jannah forever is supported by the word combination أَبَدًا[4, 145].

Sometimes the intended meaning of a word cannot be determined and the uncertain word blurs the meaning of the sentence. The Muslim legal experts expound the uncertain character of a word as follows:

Hidden (hafi) – a word that has a definite meaning according to its form, but the teller’s purpose is not fully certain. For example, the word “thief” ( السَّارِق) in the ayah “Sever hands of a thief man and a thief woman”[5, 5/38] is clear by its linguistic form. However it is not clear if it covers stealing of someone’s unattended belongings apart from stealing from bags or pockets of people. Consequently, as the word meaning is not fully disclosed, it surely influences assigning penalty to a thief.

If a word’s meaning is uncertain or it is not identified which meaning is intended because of polysemy, it is called mushkil (incomprehensible). Uncertainty in the hidden (hafi) word is caused not by the word itself, but its failure to cover all meanings when in use while uncertainty in the mushkil word arises in itself. We can include mushtarak (homonym) in them as well.

Mujmal (brief) is referred to words that remain indefinite until a speaker provides interpretation. The verdict ayahs are mostly brief and are enunciated by another text. If a mujmal word is defined by presumption, it is called presumptive (muauual). If not fully defined, it becomes mujmal or mushkil.

In the same way mutashabih words are also characterized by hidden feature of the main idea and purpose. The religious texts with fuzzy meanings also refer to it. Different views were established among Muslim legal experts and theologians when explaining mutashabih words and texts. There might arise uncertainty in words of some texts, in the meaning of some texts, in both word and meaning of some texts.

The mentioned word and texts conveying blurred fuzzy meanings can be understood only through expounding by Quranic texts or Sunnah or ijma’. As such, taking the indirect meaning of a certain word is identified by another religious text or consensus of scholars [6, 3/137].

The third: Ways of using nazm. They are: Haqiqa (direct meaning), majaz (metaphor), sarih (definite), kinaya (metonymy) meanings that is word’s becoming an evidence directly and indirectly to meanings representing verdicts.

“Haqiqa” is a primary and main meaning of a word.

“Majaz” (metaphor) is an indirect meaning of a word used to beautifully convey the notion established on the basis of a direct meaning.

We cannot state that a certain sense necessarily complies with a certain meaning or that a certain meaning stands only for a certain sense. There has always been a phenomenon of a certain meaning to represent several senses in oratory. The linguistic means of rendering, conveying a certain sense are also various. In some texts if shades of several meanings, several senses are present in some texts due to the unity of multi-faced semantic units a comprehensive metaphorical meaning occurs. In Islamic law and theology which had turned to religious texts with metaphorical contents, the concepts metaphor (majaz) and truth (haqiqa) caused different legal verdicts and opinions to arise.

“Haqiqa” stands higher than metaphor (majaz) that is the indirect meaning. If a word is understood by its actual meaning, the verdict is exactly proven and needs no metaphorical meaning to be applied. For instance, it is said in Holy Quran: “If you touch your wives (intercourse), then if you cannot find water, perform tayammum to clean land and run your hand over your face and arms” [5, 2/5-6]. The scholars of fiqh like Abu Hanifa assert that the word “لمس (lams)” in the ayah which means “touch” is not used in the main meaning, but in indirect meaning. They came to a conclusion that Allah specified the sexual intercourse through the word “touch” in order to teach ethics to his servants. For this reason in Hanafi doctrine wudu is not annulled if a man’s body touches a woman’s [7, 24].

Fourth: rendering the intended meaning as much as possible that is from the perspective of words or sentences to render the meanings presenting verdicts as much as possible: Ibaratu an-nass (text idea), isharatu an-nass (meaning insinuated to in the text), Dalalatu an-nass (text semantics), Dalalatu al-iktiza (required meaning of the text).

а) The meaning immediately understood from the external form of the text is called “ibaratu an-nass” (direct notion of the text) that is to say clearly intended meaning by the text’s word structure. The words or word combinations might be zahir, nass, mufassar, muhkam, a’m or hass. We can take for example many religious texts. For instance, the ayah “Make salat, give zakat (alms-giving)” denotes that salat and zakat are mandatory duties.

ә) Isharatu an-nass (text insinuation) – the meaning of a word which is not intended in its structure, but is perceived from its content. For example: “ And (it is) for the poor fugitives who have been driven out from their homes and their belongings, who seek bounty from Allah and help Allah and His messenger. They are the loyal”» [5, 59/8].

The textual idea (ibaratu an-nass) insinuates that poor muhajirs have the right to get spoil, but isharatu an-nass insinuates to another verdict. It lets known that belongings left after muhajirs were transmitted to the possession of non-believers. If those belonging were considered muhajirs’, they would not have been poor, Qura wouldn’t have described them as “poor”.

б) Dalalatu an-nass (text semantics). Consolidation by a verdict in the text of another verdict which shares the same content, but is not mentioned in it. Any person who is cognizant of the text language could understand it easily [1, 1/486]. For instance, the ayah “Whether one or both of them reach old age [while] with you, say not to them [so much as], "uff," (do not complain)” [5,17/ 23] informs that it is haram to say “uff” to parents. Saying “uff” denotes offending parents. If saying “uff” to them is forbidden, beating them, insulting them are absolutely prohibited actions. That meaning intended to be conveyed by the ayah could surely be understood by everyone.

в) Dalalatu al-iqtida (necessary semantics of the text) – the meaning which makes the text meaning full and correct, but is not included in text words. The reason why it is called “necessary semantics of the text” is that main semantics of the text requires a meaning which is not mentioned in the text words. For instance, in the ayah “Your mothers and daughters… are prohibited to you” (Nisa, 23) it is told that to a man his mother and daughters are prohibited. In fact the main idea of the ayah is that it is forbidden for a man to marry his mother and daughters. In the same way in the ayah “Prohibited to you are dead animals, blood, the flesh of swine…” (Маида, 3) it is informed that dead animals, blood and flesh of swine are prohibited. In fact what is forbidden is not dead animals, blood and flesh of swine, but eating and selling them.

As-Sygnaqi assigned the following conditions to “dalalatu al-iktiza” that is to say required semantics of the text:

а) the verdict formalized by the meaning which is not contained in the text words is lower in power than the verdict drawn by the text words.

ә) required meaning not coming clearly by the text words

б) the required semantics of the text should be in sonority with the meaning contained in the text words.

в) the required semantics of the text is defined by the conditions stipulated on the meaning of the text words [1, 1/505-507].

Thus, the importance of deep cognizance of word and sentence structures in Arabic language for understanding semantics of Islamic texts is identified.

Alongside with that, he paid a special attention to prefixes (hurufu al-ma’ani) that form various meanings when connected to a word and influence the fiqh verdict. Prefixes sometimes serve the purpose of clarifying the verdict, although they do not impact the meaning considerably. However viewpoints of scholars regarding prefixes developed in different directions. In some usul al-fiqh books prefixes related to matters under consideration are discussed in scattered manner while in some works they are presented as a separate chapter. In Imam al-Bazdaui’s work the prefixes (huruf al-ma’ani) chapter was presented after the chapter “Haqiqa (direct meaning) and majaz (metaphor)” while in al-Ahsikasi’s book it was given at the end. The author substantiated the reason by connecting it to the logic that “hurufu al-ma’ani” was related to fiqh matters only partially. In the book “al-Uafi” he explained it as follows: “The reason why this part was presented at the end, after other chapters is that it includes few fiqh matters and shara’i verdicts, prefixes are not from grammar, they are not from the field of fiqh” [1, 5/1873].

Conclusion

Investigating spiritual heritage reached to us through ages and handing it over to generations to come is one of our main duties. This article explicates the contribution of Husamuddin as-Sygnaqi, renowned scholar of Turkic world which has been as unavailable as uncultivated land for us until today, to development and dissemination of Islamic culture. Particularly, linguistic features of the scholar’s works, correlation of shariat domain with Arabic linguistics were mentioned.

The scholars like Husamuddin as-Sygnaqi having been guided by rich lexical-semantic resource of of Arabic language, exerted all their energy to to interprete religious texts and their units and draw appropriate verdicts out of them. Thus, they established the methodology of Islamic law basics having consolidated linguistic and legal principles.

As-Sygnaqi not only investigated linguistic topics from grammatical viewpoint in his works related to “Fiqh basics”, but also dwelled upon some subjects which had been unavailable to linguists or uninvestigated by them. He analyzed some subtle linguistic matters which were not covered by grammatical studies and required special researches by applying logical, scientific methods.

Thus, Husamuddin as-Sygnaqi, theologian, legal expert who had been born in Kazakh land gained recognition by deeply probing linguistic matters in his works devoted to Arabic linguistics and Islamic studies.

References

1. Husamuddin As-Sygnaki. Al-Uafi. – Cairo: Dar al-Qahirah, 2003

2. Jalaluddin al-Mahalli. Al-Badr al-Talig. – Beirut: Muassasa al-Risalah (Resalah Publishers), 2005

3. Abu Sahl as-Sarahsi. Usul al-Sarahsi. – Beirut: Dar Al-Kotob Al-Ilmiyah, 1993.

4. Atar F. Fıkıh usulü. – М.: Publishing house «SAD», 2005. Translation from Turkish by T.Habibullin.

5. The Noble Quran. English Translation of the meanings and commentary / Dr. Muhammad Taqi-ud-Din Al-Hilali. Dr. Muhammad Muhsin Khan. King Fahd. – Madinah, K.S.A: Complex for the printing of the holy Quran, h. 1417.

6. Ibn Hazm Az-Zahiri. Al-Ihkam fi usul al-Ahkam. – Beirut: Dar al-Afaq al-Jadidah, 1995.

7. Isauli M., Joldibaiuli K. Islam gilimhali. – Almaty: Altin kalam, 2005.