The Concept of Al-Bayān (Clarification) in Islamic Jurisprudence: A Comprehensive Study of its Types, Applications, and Legal Implications
"البيان" في أصول الفقه الإسلامي : دراسة شاملة لأنواعه وتطبيقاته وآثاره الشرعية
Keywords:
Usul al-Fiqh (Principles of Jurisprudence), Nusus al-Shar'iyyah (Scriptural Texts), Anwa' al-Bayan (Types of Bayan), Ahkam al-Nusus (Rulings of Texts), al-Mantuq (Pronounced Text), al-Maskut 'anhu (Unspoken Text)Abstract
The discussion on Bayan (Statement/Clarification) constitutes a fundamental pillar of the Usul al-Fiqh (Principles of Jurisprudence), as the derivation of Sharia rulings and the understanding of the Legislator's intent are impossible without grasping its rules and methods. This research aims to meticulously study the concept, divisions, and rulings of Bayan, highlighting its essential function as the unveiling mechanism for meanings potentially obscured within the texts of the Quran and Sunnah. The paper begins by defining Bayan linguistically and technically, followed by an explanation of its general types: Bayan bi al-Fi'l (Statement by Action) (such as the Prophet's performance of prayer and Hajj) and Bayan bi al-Qawl (Statement by Speech). The core of the article delves into the five specific sections of Bayan bi al-Qawl recognized by the Usuliyyun (Jurists): Taqrir (Confirmation), Tafsir (Clarification), Taghyir (Change), Darurah (Necessity), and Tabdil (Substitution/Abrogation). The article illustrates the function of each section using scriptural examples; while Taqrir and Tafsir solidify or reveal the meaning, Taghyir modifies the literal meaning through exceptions or conditions (and must be connected), whereas Tabdil (Naskh) entirely removes the previous ruling and replaces it with a new one (and must be separate). It also sheds light on Bayan al-Darurah, which occurs through silence or circumstantial evidence to alleviate hardship and prevent deception. In conclusion, the research affirms that mastering these divisions represents a comprehensive methodology ensuring the stability of fatwas and the validity of inference, serving as a critical key for the jurist to achieve the precise legal intent in all circumstances.
References
[Al Imran: 138]
[Al-Qiyamah: 18, 19]
Kashf al-Asrar 'an Usul Fakhr al-Islam al-Bazdawi (3/159)
Usul al-Sarakhsi (2/26)
See its details in the section on Sunnah.
Sahih al-Bukhari, Book of Adhan, Chapter on the Adhan for Travelers When They Are in a Group and the Iqamah [Part 1 - Page 226]
[Al-Baqarah: 43]
Meaning: Learn your rituals from me.
Sunan Abi Dawud, Book of Hajj, Chapter on Stoning the Jamarat [Part 1 - Page 604] Shaykh al-Albani said: Authentic.
[Al Imran: 97]
Sharh al-Talwih 'ala al-Tawdih li-Matn al-Tanqih fi Usul al-Fiqh (2/38)
Definitions [Part 1 - Page 198]
Adding clarification to report, explanation, change, and substitution is like adding a genus to its species, meaning: a clarification is a report, and the rest can be judged by analogy. Adding it to necessity is like adding something to its cause, meaning: a clarification that occurs out of necessity.
[Al-An'am: 38]
Kitab al-Kulliyat by Abu al-Baqa' al-Kafumi (p. 339)
[Al-Hijr: 30]
That is, its arrival was delayed beyond the time of the address.
[Al-Anbiya': 98]
[Al-Anbiya': 101]
Al-Muharrar al-Wajiz (4/475), Tafsir al-Razi: Mafatih al-Ghayb - matching the printed edition (27/189)
[Al-Baqarah: 43]
[Al-Baqarah: 228]
Al-Mustadrak, Kitab al-Talaq [Part 2 - p. 223] Al-Hakim al-Nisaburi said: It is authentic, but they (Bukhari and Muslim) did not include it. Al-Dhahabi said in al-Talkhis: It is authentic.
Taj al-'Arus [p. 3091]
The addition in it - as mentioned - is a type of adding something to its cause.
[Al-Nisa: 11]
Al-Sarakhsi's Principles [Part 2 - Page 50]
[Al-Airaf: 157]
Al-Muwatta' - Narration of Yahya al-Laythi (2/745)
Al-Shashi's Principles (p. 266)
[Al-Baqarah: 106]
[Al-Baqarah: 144]
[Al-Baqarah: 187]

