Definition
- A word being used in the meaning it was derived for
Here is a diagram of Haqiqah:
Example
- A person swears by Allah that they will not eat from this tree.
You could take the haqiqah (literal meaning) from it. There are 4 scenarios:
- Haqiqah muta’addhirah: it is near impossible to achieve it
- Haqiqah mahjoorah: it is near impossible due to societal norms (urfan) and shari’ah
- Haqiqah musta’malah: where urfan and shar’an it is accepted and practiced, and it is wajib to do aml upon it
- Haqiqah qaasirah: it is allowed in the shariah potentially, but societal norm will dictate whether it is possible or not
Example 2
- A man swears by Allah that he will not buy a head, Urfan this means cow, goat, sheep head.
- If someone was to bring a chicken head, or a fish head, this would contradict societal norms.
Between haqiqah and majaz there is Umoomu Majaz
The ahnaf and the shafi’is say that haqiqah and Majaz come together under certain criteria:
- When same word has been used
- The word has been used at the same time
- It has to be intended for both haqiqah and majaz meanings The ahnaf say this is a valid use case. If you dont intend for both of them, then it will be only one or the other
Example
- You give a ba’in divorce, an implied non explicit one e.g. a man says to his wife, get out
- The imam will ask did you mean, get out of the house? Or did you mean divorce?
- Depending on the answer, the divorce will be applied
Hukm
The ahnaf say that both haqiqah and majaz can happen in one statement.
Ijtimaau Did-dayn: coming together of opposites. This is impossible, such as black and white, they cannot be together
Going back to the example of thalathata quroo. As it cannot be both hayd and tuhr at the same time.