The Absolute (Mutlaq) and the Qualified (Muqayyad)

Classification III: The Absolute (Mutlaq) and the Qualified (Muqayyad)

Mutlaq denotes a word which is neither qualified nor limited in its application. When we say, for example, a 'book', a 'bird' or a 'man', each one is a generic noun which applies to any book, bird or man without any restriction. In its original state, the Mutlaq is unspecified and unqualified. The Mutlaq differs from the 'Amm, however, in that the latter comprises all to which it applies whereas the former

can apply to any one of a multitude, but not to all. [65. Khallaf, 'Ilm, p. 192; Badran, Usul, pp.351, 371.] However, the ulema have differed regarding the Mutlaq and the Muqayyad. To some ulema, including al-Baydawi,

the Mutlaq resembles the 'Amm, and the Muqayyad resembles the Khass. Hence anything which specifies the 'Amm can qualify the Mutlaq. Both are open to ta'wil and Mutlaq/Muqayyad are

complementary to 'Amm/Khass respectively. [66. Ansari, Ghayat al-Wusul, p. 84.] When the Mutlaq is qualified by another word or words it becomes a Muqayyad, such as qualifying 'a book' as 'a green book', or 'a bird'

as 'a huge bird' or 'a man' as 'a wise man'. The Muqayyad differs from the Khass in that the former is a word which implies an unspecified individual/s who is merely distinguished by certain attributes and qualifications. An example of Mutlaq in the Qur'an is the expiation (kaffarah) of futile oaths, which is freeing a slave (fa-tahriru raqabatin) in sura al-Ma'idah, (5:92). The command in this text is not limited to any kind of slaves, whether Muslim or non-Muslim. Yet in another Qur'anic passage the expiation of erroneous killing consists of 'freeing a Muslim slave' (fa-tahriru raqabatin mu'minatin) (al-Nisa', 4:92).

In contrast to the first text, which is conveyed in absolute terms, the command in the second ayah is qualified in that the slave to be released must be a Muslim.

The Mutlaq remains absolute in its application unless there is a limitation to qualify it. Thus the Qur'anic prohibition of marriage 'with your wives' mothers' in sura al-Nisa' (4:23) is conveyed in absolute terms, and as such, marriage with one's mother-in-law is forbidden regardless as to whether the marriage with her daughter has been consummated or not. Since there is no indication to qualify the terms of the Qur'anic command, it is to be implemented as it is. But when a Mutlaq is qualified into a Muqayyad, the latter is to be given priority over the former. Thus if we have two texts on one and the same subject, and both convey the same ruling (hukm) as well as both having the same cause (sabab) but one is Mutlaq and the other Muqayyad, the latter prevails over the former. To illustrate this in the Qur'an, we refer to the two ayat on the prohibition of blood for human consumption. The first of these, which occurs in absolute terms, provides, 'forbidden to you are the dead carcass and blood' (al-Ma'idah, 5:3). But elsewhere in the Qur'an there is another text on the same subject which qualifies the word 'blood' as 'blood shed forth' (daman masfuhan) (al-An'am, 6:145). This second ayah is a Muqayyad whereas the first is Mutlaq, hence the Muqayyad prevails. It will be noted here that the two texts convey the same ruling, namely prohibition, and that they have the same cause or subject in common (i.e. consumption of blood). When this is the case, the ulema are in agreement that the Muqayyad qualifies

the Mutlaq and prevails over it. [67. Khallaf, 'Ilm, p.193; Abdur Rahim, Jurisprudence, pp. 91-92.]

However if there are two texts on the same issue, one absolute and the other qualified, but they differ with one another in their rulings and in their causes, or in both, then neither is qualified by the other and each will operate as it stands. This is the view of the Hanafi and Maliki schools, and the Shafi'is concur insofar as it relates to two texts which differ both in their respective rulings and their causes. However the Shafi'is maintain the view that if the two texts vary in their ruling (hukm) but have the same cause in common, the Mutlaq is qualified by the Muqayyad. This may be illustrated by referring to the two Qur'anic ayat concerning ablution, one of which reads, in an address to the believers, to 'wash your faces and your hands [aydikum] up to the elbows' (al-Ma'idah, 5:7). The washing of hands in this ayah has been qualified by the succeeding phrase, that is 'up to the elbows'. The second Qur'anic provision which we are about to quote occurs in regard to tayammum, that is, ablution with clean sand in the event where no water can be found, in which case the Qur'an provides, 'take clean sand/earth and wipe your faces and your hands' (al-Nisal, 4:43). The word 'aydikum' (your hands) occurs as a Muqayyad in the first text but as a Mutlaq in the second. However the two texts have the same cause in common, which is cleanliness for salah. There is admittedly a difference between the two rulings, in that the first requires washing, and the second wiping, of the hands, but this difference is of no consequence. The first is a Muqayyad in regard to the area of the hands to be washed whereas the second is conveyed in

And lastly we give another illustration, again of two texts, one Mutlaq, the other Muqayyad, both of which convey the same ruling but differ in respect of their causes. Here we refer to the two Qur'anic ayat on the subject of witnesses. One of these, which requires the testimony of two witness in all commercial transactions, is conveyed in absolute terms, whereas the second is qualified. The first of the two texts does not qualify the word 'men' when it provides 'and bring two witnesses from among your men' (al-Baqarah, 2:282). But the second text on same subject, that is, of witnesses, conveys a qualified command when it provides and bring two just witnesses [when you revoke a divorce]' (al-Talaq, 65:2). The ruling in both of these texts is the same, namely the requirement of two witnesses, but the two rulings differ in respect of their causes. The cause of the first text, as already noted, is commercial transactions which must accordingly be testified to by two men; whereas the cause of the second ruling is the revocation of talaq. In the first ayah witnesses are not qualified, but they are qualified in the second ayah. The latter prevails over the former. Consequently, witnesses in both commercial

transactions and the revocation of talaq must be upright and just. [68. Khallaf, 'Ilm, p.194; Badran, Usul, p.354.]

The foregoing basically represents the majority opinion. But the Hanafis maintain that when the Muqayyad and the Mutlaq differ in their causes, the one does not qualify the other and that each should

be implemented independently. The Hanafis basically recognise only one case where the Muqayyad qualifies the Mutlaq, namely when both convey the same ruling and have the same cause in common. But when they differ in either of these respects or in both, then each must stand separately. In this way the Hanafis do not agree with the majority in regard to the qualification of the area of the arms to be wiped in tayammum by the same terms which apply to ablution by water (wudu'). The Hanafis argue that the hukm in regard to tayammum is conveyed in absolute terms and must operate as such. They contend that unlike wudu', tayammum is a shar'i concession, and the spirit of concession should prevail

in the determination of its detailed requirements, including the area of the arm that is to be wiped. [69.

Khallaf, 'Ilm, pp. 193-194.]