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Daleel
The Term Daleel
The term daleel, as a source of fiqh, has several synonyms - hujjah (plea, proof), bayyinah (clear evidence), burhan (demonstrative proof), ayah (sign, token, mark), and Shahid (testimony, textual evidence, witness).
These words may differ in their nuances; nevertheless, they are used in the sense of daleel (proof). Al-Sarakhsi has mentioned these terms including daleel under the chapter-heading al-hujjah (the proof) or al-hujaj al-shar’iyyah (proofs of the shari’ah).1 In the present context we are concerned with the term daleel.
The word daleel is the intensive form of the active participle of dalalah, viz. daleel from dall, such as ‘alim from ‘alim. Daleel al-mutahayyirin is an Arabic idiomatic expression, meaning a guide of the perplexed. In the same manner daleel al-qafilah means a guide of the caravan or of the people, to the proper path.2 In the literal sense, daleel means murhid - that which directs or guides.
The word murshid conveys three different meanings: nasib who sets up an indication or sign which directs to the goal; dhakir, that which points out to the people a sign or an indication directing towards the goal; and ma bihi’l-irshad, through which one is guided to the goal.
The word daleel applies to all these three meanings. Thus the daleel of the creator of the universe is the creator Himself (sani), for He Himself is the one (nasib) who has set up the universe as a sign or indication of His existence; the learned (‘alim) is also a dalil of the creator, for he tells (dhakir) the seekers of the guidance that the universe is the sign of the existence of its creator; and the universe (‘alam) is also a dalil of its creator, because through it one is guided to its creator (ma bihi'l-irshad).3
Definition of Daleel
Daleel has been defined by al-Sarakhsi as follows:
In the Shari’ah it is the name of an articulated or a logical proof, by which something hidden is revealed. Its synonyms that we mentioned before (hujjah, bayyinah, and others) sometimes obligate and sometimes reveal, while dalil specifically means a proof which unfolds or reveals [and not that which obligates].4
It may be noted here that in some cases the proof daleel) is devoid of articulation and logic, still it is called a proof (daleel). In such cases the word dalil is used figuratively (maj'azan) since it reveals hidden things.5 For example, smoke is a proof (daleel,) of fire and a building is a proof (daleel) of its builder.
Another definition of daleel reads:
Daleel is that by which it is possible, through sound reflection, to arrive at the desired predicative object (command of the Shari’ah).6
The Qur’anic verse "And be constant in prayers" (2:43) is considered to be a daleel (proof), because through reflection upon it, the jurist arrives at the obligatory character of prayer, which is a command of the Shari’ah. Reflection should be in accordance with the recognised principles of reasoning and its conditions.
The phrase "the desired predicative object in the definition means the command of the Shari’ah. After reflecting upon the Qur’anic verse cited above, a jurist comes to the conclusion that the prayer is obligatory.
Arriving at the command of the Shari’ah may be by way of categorical proof or by way of conjecture and probability. The word daleel applies to both of them.
The texts of the Qur’an and mutawatir traditions (i.e. traditions transmitted by a large number of people without any break) and limit, (consensus of opinion) are proofs (adillah) which entail certainty. On the other hand, solitary traditions (akhbar al-ahad), and analogy (qiyas) are proofs which entail probability.
Some jurists apply the word daleel to categorical proofs and amarah (sign) to probable proofs. Thus solitary traditions and analogy are amarat al-ahkam (signs of commands) and not adillat al-ahkam (proofs of commands).7
Al-Sarakhsi calls the categorical proof mujib lil-ilm qat’an (that which entails certain knowledge), and probable proofs mujawwiz ghayr mujib li’l-ilm (that which permits and not entails certain knowledge). He observes that he named it mujawwiz considering the fact that an act becomes obligatory because of it though it does not entail certain knowledge.8