Authors

  • Ulugbek Mirsadikov
    Oriental University

DOI:

https://doi.org/10.71337/inlibrary.uz.jasss.121716

Abstract

 This article explores the role of lexical factors in deriving rulings from the Ahkam verses in the Quran, combining both linguistic and jurisprudential analyses. It investigates how the choice of words and their semantic nuances influence the interpretation and legal conclusions in Islamic jurisprudence (Fiqh). By examining key lexical elements within the context of Arabic grammar and Islamic legal theory, the study highlights the importance of precise language understanding for accurate judicial derivation. The article provides a multidisciplinary approach, bridging linguistics and fiqh to enhance the methodology of extracting rulings from sacred texts.

 

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THE ROLE OF LEXICAL FACTORS IN VERDICTS FROM THE VERSES OF THE

AHKOM: LINGUISTIC AND FIQI ANALYSIS

Ulugbek Mirsadikov

Senior Lecturer, Department of Oriental Languages, Oriental University

Annotation:

This article explores the role of lexical factors in deriving rulings from the Ahkam

verses in the Quran, combining both linguistic and jurisprudential analyses. It investigates how

the choice of words and their semantic nuances influence the interpretation and legal conclusions

in Islamic jurisprudence (Fiqh). By examining key lexical elements within the context of Arabic

grammar and Islamic legal theory, the study highlights the importance of precise language

understanding for accurate judicial derivation. The article provides a multidisciplinary approach,

bridging linguistics and fiqh to enhance the methodology of extracting rulings from sacred texts.

Keywords:

Lexical factors, Ahkam verses, Quranic rulings, linguistic analysis, fiqh, Islamic

jurisprudence, semantic nuances, Arabic language.

In the verses of Ahkam, several morphological aspects are used to express a certain ruling.

Among them, the command, that is, the command, is the most frequently used. These rulings can

be obligatory (fard and wajib) and recommendatory (sunnat, mustahab, and mandub).

“Command” is a word that requires the performance of a verb and indicates that it will occur in

the future.

This requirement can be met with the following:

1. With a verb in the imperative mood. ةلاصل لوميقأو Like “Establish the prayer!”

2. With the letter “lam” before the present future tense verb, which means an order to the 3rd

person: نم دهش نم همايلف رهشصل “Whoever of you is present this month, let him fast” – like.

3. With a sentence that means a message in the sense of a request: نهدصوأ نعضري تلدصوللو Mothers

will suckle their children...”. This sentence is not a command but a message. But it has the

meaning “Mothers will suckle their children”.

So, even though the sentence comes in the form of a message, it can mean an order and a request.

However, the imperative verb does not always mean that the rulings of a mandatory nature are

obligatory and obligatory. In particular, in texts that are in the imperative mood or in the

meaning of a command, they lose their obligatory force only if there are factors in the meaning

that turn them from a command to a mandub, mubah, irshad, warning, threat, supplication, and

leave them helpless.

Examples of sentences that come in the form of a command and express a request are the

following verses:

And those who seek the Book from among those whose property is in your hands, then write to

them if you know that there is good in them, and give them from the wealth of Allah He has

given you. [An-Nur: 33].

“And those who seek the Book from among those whose property is in your hands, then write to

them if you know that there is good in them, and give them from the wealth of Allah which He

has given you.” (An-Nur: 33)

According to the Sharia, a slave is the property of one person and cannot be taken over by

another person by order, and this is a fundamental rule. The owner of the property disposes of his


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property as he wishes. Based on this factor, the command of Allah Almighty to the slave owners,

“Make a contract with them,” is not obligatory, but permissible. If it were obligatory, every slave

owner would have to free all his slaves and not a single slave would have been left behind..

[31 :فلرعلل] ننيفف فرسْممسصل بّ فحمي نَ مهنّفإ لومف فرسْمُ نَ نو لومُنرسشل نو لوملمُ نو

If eating and drinking were obligatory according to the command in this verse, then one would

have to eat and drink continuously. This is naturally impossible. Human nature is to want to eat

and drink at the right time, which means it is permissible. Then the meaning of the verse is “it is

permissible for you to eat and drink when you feel like it”.

As we have seen above, the verb of command indicates obligation. In some cases, depending on

the context, that is, the auxiliary factors, it can also express mandub, permissiveness, guidance,

warning, threat, supplication, and permission, that is, leaving one helpless.

Since the views of expert scholars on these contexts and their understanding of whether the

commands in the Sharia texts express an obligatory or other meaning are different, their rulings

on them have also been different. That is why this topic is one of the most delicate and important

topics related to Sharia rulings and has become one of the reasons for disagreements among

mujtahids in deriving Sharia rulings.

Some mujtahids, looking at a certain command in a Sharia text, consider its context and

understand that “this command expresses a strict requirement to perform the ordered action – an

obligation.” Or they think that it expresses an obligation in itself, even without context.

Another mujtahid understands the same text itself as “expressing a recommendation, not an

obligation”.

Prohibition. Prohibition is a mandatory requirement not to do something. The methods of

prohibition are as follows:

1. In the usual manner of prohibition, Allah Almighty commands:

And do not approach the property of an orphan until he reaches maturity, except in a good way.

(Surah Al-An'am, verse 152). And do not kill the soul which Allah has forbidden. (Surah Al-Isra,

verse 33).

2. The meaning of prohibition is expressed by the word “haram”: Examples of this from the

verses: “Forbidden to you are dead meat, blood, swine flesh, and that which has been sacrificed

to other than Allah, and that which has been strangled, and that which has been beaten, and that

which has been killed by falling, and that which has been torn to pieces, and that which has been

eaten by wild beasts…” (Surah Al-Ma’idah, verse 3).

The phrase “haram” in this verse expresses the meaning of prohibition, “Do not eat these things”.

Forbidden to you are your mothers and your daughters and your sisters. (An-Nisa: 23).

“Forbidden to you are your mothers and your daughters….” (An-Nisa: 23). These verses have

the meaning of “do not marry them.” .Rejection can also be expressed by verbs that mean “not

permissible,” “leave,” “leave,” “keep away.”

For example: O you who believe! It is not lawful for you to inherit women unjustly.” (An-Nisa:

19)

This verse has the meaning of “do not inherit women.” Another example: امم لودخأُ نأ مكص لحي َو

اش هومتيُل

“It is not lawful for you to take anything from what you have given them” (Surah Al-Baqarah,

verse 229).

That is, this verse has the meaning of “do not take back what you have given to women.”


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4. Prohibition also occurs with a command indicating abandonment.

Allah Almighty says: And abandon the apparent and the hidden sins. Indeed, those who earn sins

will be recompensed for what they used to earn [Al-An’am: 120]

“And abandon the apparent and the hidden sins!” (Surah Al-An’am, verse 120). This verse

replaces the prohibition (restraint) in the command to abandon. Allah Almighty also says: “So

avoid the evil of idols and avoid false speech.” (Surah Al-Hajj, verse 30).

This verse replaces the prohibition (restraint) in the command to abstain. The requirements in the

Shari’ah texts that come in the form of prohibition express the cessation of the forbidden and the

forbidden. However, when prohibition is combined with a related factor, it can lead to a different

ruling. Sometimes, if a karina (additional factor) comes along, a forbidden act can change from

haram to makruh.

Reference:

1.

Jo‘zjoniy A.Sh. Islom huquqshunosligi. Hanafiy mazhabi va O‘rta Osiyo faqihlari. –

T.: TIU, 2002. – 255 b.

2.

Shayx Muhammad Sodiq Muhammad Yusuf. Usul fiqh. – Toshkent: Sharq: 2010. –

574 b.

.3

480 :تاحفاصل ددع2000. :ملْصل رلد .نيدهتجمصل فلتخل يف ةغلصل رثأ .ةليوط ملْصل دبع باهوصل دبع

.4

ماكحلل طابنتسلو ةيّآرقصل صوانصل ريْفُ ىلع هرثأو رجصل فورح يّاعم فلتخل .يكعجصل دمحم ا دبع .د

(ىصإ) و (نم) :فورحصل .اهنم

.5

نآرقصل ماكحأ .صااجصل يزلرصل يلع نُ دمحأ

.6

نآرقصل ماكحأ طابنتسل يف ةيوغلصل ةيصوصلل دعلوقصل رثأ يدماح ميركصل دبع

7.

https://www.feqhweb.com/vb/forumdisplay.php?f=82&s=4894e3189d5e693e381c4cb

4b13c9234

8.

https://www.feqhweb.com/vb/t20720.html

9.

Аз-Заҳир. – Б. 52; Бидоя ал-мужтаҳид. 2/147–148

10.

Abdullayev , D. (2023). SAYYID SHARIF JURJONIY QALAMIGA MANSUB

“TA’RIFOT” ASARINING ZAMONAVIY NASHRLARI. Talqin Va Tadqiqotlar, 1(25).

11.

Govkhar Omonovna Rakhmatova, . (2023). PRINCIPLES OF DIVISION OF SIMPLE

SENTENCE TYPES IN ANCIENT TURKIC LANGUAGE. The American Journal of Social

Science and Education Innovations, 5(11), 94–98.

References

Jo‘zjoniy A.Sh. Islom huquqshunosligi. Hanafiy mazhabi va O‘rta Osiyo faqihlari. – T.: TIU, 2002. – 255 b.

Shayx Muhammad Sodiq Muhammad Yusuf. Usul fiqh. – Toshkent: Sharq: 2010. – 574 b.

عبد الوهاب عبد السلام طويلة. أثر اللغة في اختلاف المجتهدين. دار السلام: .2000عدد الصفحات: 480

د. عبد الله محمد الجعكي. اختلاف معاني حروف الجر وأثره على تفسير النصوص القرآنية واستنباط الأحكام منها. الحروف: (من) و (إلى)

أحمد بن علي الرازي الجصاص. أحكام القرآن

عبد الكريم حامدي أثر القواعد الأصولية اللغوية في استنباط أحكام القرآن

Аз-Заҳир. – Б. 52; Бидоя ал-мужтаҳид. 2/147–148

Abdullayev , D. (2023). SAYYID SHARIF JURJONIY QALAMIGA MANSUB “TA’RIFOT” ASARINING ZAMONAVIY NASHRLARI. Talqin Va Tadqiqotlar, 1(25).

Govkhar Omonovna Rakhmatova, . (2023). PRINCIPLES OF DIVISION OF SIMPLE SENTENCE TYPES IN ANCIENT TURKIC LANGUAGE. The American Journal of Social Science and Education Innovations, 5(11), 94–98.