Maizul Imran & Ismail

Al-Risalah p-ISSN: 1412-436X e-ISSN: 2540-9522 Forum Kajian Hukum dan Sosial Kemasyarakatan Vol. 19 No. 2, December 2019 (pp. 125-140)

‘ĀʼISHA BINT AL-SHĀṬI’S THOUGHTS ON TARĀDUF AND THEIR IMPLICATIONS FOR THE ISTINBĀṬ OF LAW

Maizul Imran & Ismail State Institute for Islamic Studies (IAIN) Bukittinggi, Indonesia Jl. Paninjauan Garegeh, Bukittinggi, West Sumatera, Indonesia, 26127 email: [email protected], [email protected]

DOI: 10.30631/al-risalah.v19i2.459 Submitted: September 03, 2019; Revised: 0ctober 02, 2019; Accepted: October 26, 2019

Abstract: As a book containing miracles, in literature, the miracles of the Quran have been proven by ʻĀʼisha Bint al-Shāṭiʼ through her theory i‘jāz lughawī. She showed the importance of the correct method of interpretation of the Qurʼan from aspects of tarāduf (synonym). However, despite following the rule of "there is no word that has the same meaning (tarāduf) in the Quran" as commonly known in the theory of iʻjāz al-qur’ān (the inimitability of the Qurʼān), her thoughts on tarāduf and their implications for the istinbāṭ (inference) of Islamic law are still unclear. Hence, this article discusses the relation and influence of ʻĀʼisha Bint al- Shāṭiʼs thoughts related to verses of laws. By studying the book of al-I’jāz al- Bayānī lil Qur`ān wa Masā’il Ibn al-Azraq and other relevance sources, this ar- ticle concludes that ʻĀʼisha Bint al-Shāṭiʼs thoughts related to verses of law are still abstract and difficult to be applied, hence it does not give a significant influence on the strengthening of Islamic legal propositions. Keywords: ‘Āisha Bint Shāti’, Tarāduf, Inference of Law Abstrak: Al-Qur’ān sebagai kitab yang mengandung kemukjizatan, dari segi sastra, telah dibuktikan oleh ʻĀʼisha Bint al-Shāṭi’ melalui teori i‘jāz lughawī-nya. Ia menunjukkan betapa pentingnya metode tafsir yang benar dari aspek tarāduf (sinonim). Meskipun ʻĀʼisha Bint al-Shāṭiʼ masih mengikuti kaidah "tidak ada lafaz tarāduf dalam al-Qurʼān", sebuah kaidah yang sudah dikenal dalam pemba- hasan iʻjāz al-qurʼān, namun pemikirannya tentang lafaz tarāduf dan implikasinya terhadap istinbāṭ hukum Islam, masih rumit. Dengan demikian, tulisan ini mendiskusikan hubungan dan pengaruh lafaẓ tarāduf (sinomim) menurut ʻĀʼisha Bint al-Shāṭi’ dengan ayat-ayat hukum. Dengan mengkaji kitab al-I’jāz al-Bayānī lil Qurʼān wa Masāʼil Ibn al-Azraq dan karya-karya lain yang relevan, tulisan ini menyimpulkan bahwa gagasan ʻĀʼisha Bint al-Shāṭiʼ tentang lafaz tarādūf jika dihubungkan dengan ayat-ayat hukum masih rumit dan sulit diaplikasikan sehingga tidak memberi pengaruh cukup besar terhadap penguatan dalil hukum Islam. Kata Kunci: ‘Ā’isha Bint al-Shāṭiʼ, Tarāduf, Istinbāṭ Hukum

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Introduction influence of tarāduf according to Bint al- Shāṭi‘ to the verses of law? In understanding the Quran and Sunna, at least one must comprehend Arabic.1 We argue that it is important to ask It is because Arabic is a language that is the two questions above because ‗Ā‘isha rich in vocabulary and has a unique ‗Abd al-Raḥmān Bint al-Shāṭi‘, hereinaf- grammar. One of its uniqueness is the ter is referred to as Bint Shāṭi‘, is a fe- existence of synonyms or tarāduf,2 such male cleric who has become a focus of as ―females‖ and ―women‖, ―males‖ interest among researchers of Quranic and ―men‖. Although these words are exegesis, but is ignored by researchers synonymous, yet in terms of placement of Islamic law. There is no doubt that they are different. Therefore, in the the- her expertise in Arabic literature, ory of the inimitability of the Qurʼān Quranic exegesis, and balāghah (elo- (iʻjāz al-qur’ān), there is a rule stating quence) has drawn scholarly attention.4 that there is no word that has the same Yet her commentary on tarāduf associat- meaning in the Quran (la tarādufa fī al- ed with istinbāṭ of Islamic law, has so far qur’ān).3 However, Bint al-Shāṭiʼ still fol- not been found. lows this rule, her thoughts on tarāduf and their implications for the istinbāṭ The paper begins with a discussion (inference) of law are still abstract and of ʻĀ‘isha Bint al-Shāṭi‘s biography. It is difficult to apply when compared to ex- important to know who she is. Next, the isting results of fiqh. For that reason, paper discusses the thinking model of this paper explores the tarāduf theory of ‗Āʼisha Bint al-Shāṭi‘ regarding tarāduf Bint al-Shāṭi‘ and its implications for the istinbāṭ (inference) of Islamic law. The 4 For example see, Nā‗isah ‗Abd al-‗Azīz Ib- paper focuses on answering two ques- rāhīm Muḥammad, ―Al-Tafsīr Al-Mauḍū‗ī tions: how is the relationship of tarāduf Lil Al-Qur‘Ān ‗Inda Al-Duktūrah ‗Ā‘isha ‗Abd Al-Raḥmān (Bintu Al-Shāṭi‘): Dirāsah in the Bint al-Shāṭi‘s theory when relat- Balāghiyyah,‖ Al-Istiwāʼ 1, no. 4 (2017): 166; ed to the verses of law? How far is the Fatimah Husseinizadeh and Seyyed Ab- dulrasoul Ahmadinezhad, ―A Comparative Study Of Allamah Balaghi And Bint Al- 1 Ahmad Nurul Kawakip, ―Kaidah Shati‘s Method And Rules Of Interpreta- Kebahasaan Dalam Memahami Al-Qur‘an,‖ tion,‖ Journal Of Comparative Tafsir Stud- Religia 14, no. 1 (2011): 52. ies 2, no. 1 (2016): 159; R D Marcotte, ―The 2 Iswah Adriana, ―Al-Adldad: Sebuah Islamic/Qur‘anic Concept of Emancipation Fenomena Pertentangn Makna Dalam of Women According to‘Bint Al-Shati‘, Liguistik Arab,‖ Okara 2, no. 6 (2011): 150. 1913-1998,‖ Studies In Religion-Sciences Re- 3 Alif Jabal Kurdi, ―Menalaah Teori Anti- ligieuses 30, no. 3 (2001): 277; Shuruq Sinonimitas Bintu Al-Syathi` Sebagai Kritik Naguib, ―Bint Al-Shāṭiʾ‘s Approach to Terhadap Digital Literate Muslims Tafsīr : An Egyptian Exegete‘s Journey from Generation,‖ Millati, Journal of Islamic Hermeneutics to Humanity,‖ Journal of Studies and Humanities 3, no. 2 (2018): 246. Qur‘anic Studies 17, no. 1 (2015): 45.

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(synonyms), before further discussing her to memorize the Quran and study what and how tarāduf and the scholarly Islam. When she was 7 years old, debates about it. The core point of this ‗Ā‘isha wanted to go to school, but her paper is to examine the concept of father disagreed owing to her family‘s ʻĀisha Bint al-Shāṭi‘s tarāduf such as be- tradition of not allowing girls to leave tween the words al-ru’yā and al-ḥulm, the house and go to school. In fact, sup- ānas and abṣar, ḥalf and aqsam, imra’ah port came from her mother who told and zawj, and their implications for the him to go to school outside the home.7 istinbāṭ of Islamic law. At the age of 16, she managed to get a first-level teaching certificate in 1929 A Glimpse of ‘Āʼisha Bint al-Shāṭi’ by achieving first place. She then con- tinued to the advanced level of teacher Her full name was ‗Ā‘isha Muḥammad education and completed her study ʻAlī ‗Abd al-Raḥmān (1913-1998 AD). with a degree of licence (Lc) in Arabic She was commonly known as Bint al- Studies at the Adab Faculty of Cairo Shāṭi‘(a girl by the river), a nickname University, 1939. She completed her that was inspired by her habit to con- master‘s degree at the same alma mater template on the bank of the Nile river in in 1941.8 the village of Dimyāṭ. The nickname was often used as a pseudonym in her After completing her master‘s de- articles because she did not want to be gree, she married Prof. Amīn Khūlī overshadowed by her father‘s great (1895 -1966) and gave birth to three reputation. She was born in the village children. With her husband‘s support, of Dimyāṭ, a region in the Northern Del- she continued her education until she ta of Egypt on November 6, 1913 AD.5 achieved a doctoral degree in Arabic Literature in 1950.9 Her education began from her edu- cated family since childhood. Her fa- Her career began as a writer and ther, Muḥammad ‗Alī ʻAbd al-Raḥmān, Tafseer lecturer at the Sharia Faculty of was a well-known teacher and scholar at al-Azhar University. Her mother, Qur‘Anil Karim,‖ Jurnal At-Tibyan: Jurnal Farīdah ‗Abd al-Salām al-Muntashīr, Ilmu Alquran Dan Tafsir 3, no. 2 (2018): 226. 7 was an alumnus of al-Azhar Universi- Mardan, ―Tafsir Karya Aisyah Abdurrahman Bintu Al-Syathi` (Suatu ty.6 As an educator, her father taught Rekonstuksi Metodologi Tafsir Kontemporer),‖ Adabiyah 11, no. 2 (2011): 166. 5 Wahyuddin, ―Corak Dan Metode 8 Issa J. Boullata, ―Tafsir Al-Qur`ān Modern Interpretasi Aisyah Abdurrahman Bintu Studi Atas Metode Bintu Syathi‘,‖ Al- Syathi`,‖ Al-Ulum 11, no. 1 (2011): 82. Hikmah 3, no. 1 (1991): 6. 6 Wali Ramadhani, ―Bintu Syati‘ Dan 9 Saiful Amin Ghofur, Profil Para Mufasir Al- Penafsirannya Terhadap Surah Al-‗Asr Qur`ān (Yogyakarta: Pustaka Islam Madani, Dalam Kitab At-Tafsir Al-Bayani Lil 2007).

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‘Āʼisha Bint Shāti’s Thoughts on al-Qawāriyyīn University of Morocco seen as an intellectual, professor, re- (1942) and a lecturer in Literature at searcher and writer who won several ‗Ayn Syām University of Egypt (1950). awards, including: the State Apprecia- She was also a visiting lecturer at Umm tion Award in Art in Egypt (1978), the Durmān University of Sudan (1967), Egyptian Government Award in Social Khartoum University, Algeria Universi- Studies, Rural Egypt in 1956, the Intel- ty (1968), Beirut University (1972), the lectual Award from the Kingdom of United Arab Emirates University (1981) Morocco, and the Literature Award and Kulliyah Tarbiyyah Banāt Riyāḍ from Kuwait (1988). She was also (1975-1983).10 awarded the King Faisal Award in the Field of Arabic Literature and Islamic Her writing talent was seen since studies (1994). She was also a member she was 18 years old when she served of Islamic Higher Institutions, which as an article writer for al-Nahḍah al- had never previously involved women, Nisā’iyyah weekly magazine. Two years such as the Cairo Islamic Research later she began to regularly write arti- Academy and the Special National cles for the al-Aḥrām newspaper until Council.13 the end of her life. Her last article was published on November 26, 1998. Her At the end of her life, her heart dis- intellectual thoughts were all written in ease caused her physical condition to the forms of writings and books. Her weaken. She died at the age of 86 on main concern was to defend Islamic Tuesday, December 1, 1998 AD / 11 norms that are distorted by certain par- Shaʻbān 1419 H in Cairo.14 ties, respect rational thinking, and pro- vide room for a more dynamic study of fiqh and uṣūl al-fiqh.11 The ʻĀʼisha Bint al-Shāṭi’s Model of Thinking Her works are more than 40 book ti- In general, the principles of the miracles tles, covering the fields of fiqh, Islamic of the Quran are of two kinds. First are studies, literature and history.12 She was miracles on the content of a verse or 10 Ira M. Lapidus and John L. Esposito, ―The better known as iʻjāz tashrīʻiyyah. Se- Oxford Encyclopaedia of the Modern cond are miracles on the linguistic as- Islamic World.,‖ Journal of the American pect of a verse or is called iʻjāz lughaw- Oriental Society 117, no. 2 (1997): 5. 11 Wikipedia, ―Profil Aisyah Abdurrahman Bintu Syathi,‖ 2AD. 12 Among her works that we could trace are: al-Tafsīr al-Bayānī Lil al-Qurʼān al-Karīm, ‗Arabī, Ma‘a al-Muṣṭafā, al-Sayyidah Zain- Qirā‘ah fi Waṭāiq al-Bahaiyyah, Amīnah ab. Bint Wahab, al-I‗jāz al-Bayānī lil Qur‘an wa 13 Wikipedia, ―Pengaruh Aisyah Masā‘il Ibn al-Azraq, al-Qur`ān Wa Qaḍāyā Abdurrahman Bintu Syathi,‖ n.d. al-Insān, Maqāl Fī al-Insān, Nisā‘ al- 14 Wikipedia, ―Profil Aisyah Abdurrahman Nabiyyi, Qayyim Jadīdah lil ‗Adabi al- Bintu Syathi.‖

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Maizul Imran & Ismail iyyah.15 Like her husband, Amīn al- structions of texts (fahm dilālat al-alfāẓ) Khūlī,16 Bint al-Shāṭi‘ states that the by searching for the meaning of words miracles of the Quran are only found in based on their original linguistic mean- iʻjāz lughawiyyah, not in iʻjāz tashrīʻiyyah. ing, both in the uses of the true meaning She tries to uncover the special secrets or majazi. The words are then examined of rhetoric in the Quran that contain through collecting all forms of the miracles through literary approach, es- words in certain verses and letters. pecially in the analysis of texts of the Fourth, understanding difficult expres- Quran, phrases and letters.17 Explicitly, sions (fahm asrār al-ta’bīr), namely she uses inductive method (istiqrā’i) to studying the standard form of texts and prove iʻjāz al-qur’ān with cross-reference contexts through linguistic approach. In procedures based on data from texts this fourth point, all interpretations of that are arranged thematically and isrā’iliyyāt that are forced into the un- chronologically, by examining relation- derstanding of the Quran must be dis- ships of words and linking them to each carded and interpretations that are other.18 The methods, as discussed in al- based on the interpretation of certain Iʻjāz al-Bayānī lil Qur’ān, are as follow: schools of thought and ta’wīl al-Qur’ān must be shunned.19 First, understanding Quranic texts methodologically (al-aṣl fī al-manhaj), The methodology used by Bint al- that is texts are understood objectively Shāṭi‘ is actually not a new approach. through a thematic approach in the in- Previous commentators have already terpretation of the Quran by gathering used the approach which is examined all related verses into one discussion. separately such as by Muḥammad ‗Alī Second, understanding texts in the con- al-Sāyis (d. 1976), Muḥammad ‗Alī al- text that surrounds them (fahm mā hawla Ṣābūnī (b. 1930) who adopted a themat- al-naṣṣ), namely understanding of asbāb ic interpretation. Ibn Kathīr (d. 774), al- al-nuzūl to find out the conditions, time, Zamakhsharī (d. 538) and Fakhr al-Dīn and places of a verse when it was re- al-Razī (d. 606) conducted their inter- vealed. Third, understanding the in- pretations through asbāb al-nuzūl (his- torical context of the revelation of the 15 Nuril Hidayah, ―Posisi Teori I‗Jāz Al- Quran) approach. Al-Maḥallī (d. 1460), Qur`ān ‗Aisyah Abdurrahman Bintu Al- Jalāl al-Dīn al-Suyūṭī (d. 1505), Sayyid Syathi‘Dan Sumbangannya Dalam Kajian Quṭb (d. 1966) made interpretations Al-Qur`ān,‘‖ An-Nur Jurnal Studi Islam 7, no. based on the true and majāzī meanings. 2 (2015): 2. 16 Ibid. Ibn Jarīr al-Ṭabarī (d. 310), al-Qurṭubī 17 ʻĀʼisha ‘Abd al-Raḥmān Bint Al-Shāṭi‘, Al- (d. 671), Aḥmad Muṣṭafā al-Marāghī (d. Qur’ān Wa Qaḍāyā Al-Insān (Miṣr: Dār al- Ma‗ārif, n.d.). 18 ʻĀʼishah ‘Abd al-Raḥmān Bintu Al-Shāṭi‘, 19 ʻĀ‘ishah ‘Abd al-Raḥmān Bint Al-Shāṭi‘, Al- Maqāl Fī Al-Insān Dirāsah Qur’āniyyah (Miṣr: Tafsīr Al-Bayānī Li Al-Qur’ān Al-Karīm, Vol. I Dār al-Ma‗ārif, n.d.). (Qāhirah: Dār al-Ma‗ārif, t.th), pp. 10–11.

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‘Āʼisha Bint Shāti’s Thoughts on 1952) made their interpretations bic has a special meaning that is not through linguistic approach.20 Bint al- possessed by other words.23 i seems to be trying to incorporate Shāṭ ‘ In its early development in the se- all these interpretation approaches into cond century Hijri, tarāduf was better her literary scientific frame. known as gharīb. This is evident in the discussion of al-Aṣma‘ī (d. 216) in his The Definitions and the Debate of book Mā Ikhtalaftu Alfāẓahu wa Ittafaqtu Tarāduf among Ulemas Maʻāniyahu (Words that I think are dif- Arabic is a unique language. Among its ferent and have the same meaning). uniqueness is that its vocabularies have This book discusses a dialogue of correlated meaning, such as tarāduf Hārūn al-Rashīd with al-Aṣma‘ī that (synonym), mushtarak al-lafẓī (homo- Hārūn al-Rashīd asked al-Aṣma‘ī‘s nym) and ‘aḍdad (contrnym).21 The term opinion about words which he thinks al-tarāduf in Arabic can be interpreted as were still ambiguous (gharīb). Al-Aṣma‘ī a synonym. Terminologically, al-tarāduf then mentioned seventy gharīb words 24 is (taʻaddadu al-alfāẓ li al-maʻnā al-wāḥid) which have the same meaning. How- or ‗a number of words that have one ever, not all scholars agree with al- meaning‘,22 such as the word ―women‖ Aṣma‘ī‘s opinion. Muḥammad Ziyād al- for ―females‖, ―men‖ for ―males‖. A‘rabī (d. 231) for example, rejected the opinion because according to him it is Tarāduf has become an interesting impossible for two words to have the discussion among Arabic linguists. An same meaning.25 argument states that tarāduf or a word that has one meaning exists in every In the third century Hijri, the discus- language (especially Arabic), and every sion of tarāduf became specific with the word that has a different pronunciation presence of scholars such as Ibn Jinī (d. 26 has a possibility to have the same mean- 346) through his book al-Tarāduf, Ibn ing. Another argument states that there Khālawaih (d. 370) who wrote Asmā’ al- is no tarāduf because each word in Ara- Asad (the Naming of the ―Lion‖) and Asmā’ al-Ḥayyah (the Naming of ―Life‖),

23 Hamiruddin, ―Studi Atas Pemikiran Bint Al-Syati` Tentang Kemukjizatan Alquran (Menyorot Sosok Perempuan; Mewujudkan 20 Sahiron Syamsuddin, ―Bint Al-Shati‘on Kesetaraan),‖ Al-Irsyad Al-Nafs, Jurnal Asbab Al-Nuzul,‖ Islamic Quarterly 42, no. 1 Bimbingan Penyuluhan Islam 2, no. 1 (2015): (1998): 2–3. 51. 21 Iswah Adriana, ―Al-Adldad: Sebuah 24 Jalāl al-Dīn Al-Suyūṭī, Al-Muzhir Fī ’Ulūm Fenomena Pertentangn Makna Dalam Al-Lughah Al-’Arabiyyah, Vol. I (Bayrūt: Dār Liguistik Arab,‖ Okara 2, no. 6 (2011): 150. al-Fikr, t.th), p. 405. 22 ʻĀʼishah ‘Abd al-Raḥmān Bintu Al-Shāṭi‘, 25 Ibid. Al-I’jāz Al-Bayānī Li Al-Qur’ān Wa Masā’il 26 Ibn Jinī, Al-Khaṣā’iṣ, Vol. III (Bayrūt: Dār al- Ibn Al-Azraq (Miṣr: Dār al-Ma‗ārif, n.d.). Hādī, t.th), p. 310.

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Maizul Imran & Ismail and al-Rumānī (d. 384) who wrote Kitāb works such as al-Rauḍ al-Maslūf fī Mā al-Alfāẓ al-Mutarādifat wa al-Mutaqāribat Lahū ‘Asmān ‘Ilayya ‘Alūf (The Earliest fi al-Maʻnā (Synonymous and close Expressions in Hundreds of Words).30 words).27 In the opposition side, there is After centuries have passed, the dis- al-Khaṭṭābī (d. 388) with his book Bayān course on tarāduf with all its debates is Iʻjāz al-Qur’ān which discusses words no longer heard. It was in the 19th Cen- that are considered to have the same tury that the discourse reappeared res- meaning (but in fact different) by most onated by several figures such as Ṭāhā people, such as the words al-ʻilm and al- Ḥusayn, Amīn Khūlī, Muḥammad maʻrifah (knowledge), al-ḥamd and al- Shaḥrūr and so on. Some of them stud- shukr (praise), and al-bukhl and al-syuḥḥ ied tarāduf through literary approach (stingy).28 There is also Ibn Fāris (d. 369) while some others examined it through who interpreted the works of Yaḥyā hermeneutic approach.31 As a result, the Tsa‘lab and Hilāl al-‘Askarī (d. 400) discourse gave birth to not only norma- who is against the adherents of tarāduf tive Islamic legal thought, but also the in his work, al-Furūq al-Lughāwiyyah.29 culture of each region that was in ac- From the fifth to eighth centuries of cordance with Islamic teachings.32 In its Hijri, scholars who refused tarāduf did development, the reading of the texts of not get support from their students due the Quran by the above figures was not to an attempt to strengthen the exist- textual but instead contextual with his- ence of tarāduf studies as done by al- torical and humanistic approaches. 33 Jawālīqī (d. 539) in his book Mā Jāʻa Bint al-Shāṭi‘ through her literary ap- ‘Alayya Faʻaltu wa Afʻaltu bi Maʻnā proach on the other hand, argued that Wāḥid (I think the words Faʻaltu and tarāduf does not exist in the Quran be- Afʻaltu Mean the Same). Ibn Mālik (d. cause each word shows a special mean- 672) wrote al-alfāẓ al-Mutarādifat fi al- ing that cannot be equated with other Maʻānī wa al-Muʻtalifat (Synonyms and words. 34 Hence, Bint al-Shāṭi‘ belongs Their Varieties) while Mujīd al-Dīn al- to the group that rejects the existence of Fairūzābādī (d. 871) wrote Asmā’ al- tarāduf in the Quran. ʻAsal (The Naming of Honey) which gave an explanation of 80 meanings of 30 Al-Suyūṭī, Al-Muzhir Fī ʻUlūm Al-Lughah Al- the word ’asal (honey) and his other ʻArabiyyah. 31 Amhar Rasyid, ―Aplikasi Hermeneutik Dalam Bahtsul Masa‘il Dan Majelis Tarjih,‖ 27 Al-Suyūṭī, Al-Muzhir Fī ʻUlūm Al-Lughah Al- Al-Risalah 12, no. 1 (2018): 1. ʻArabiyyah. 32 Moh Dahlan, ―The Hermeneutics Of 28 Al-Khaṭṭābī, Bayān Iʻjāz Al-Qurʼān (Miṣr: Authentic Jurisprudence Of Gus Dur In Dār al-Ma‗ārif, 1976). Indonesia,‖ Al-Risalah 17, no. 1 (2018): 24. 29 Waryani Fajar Riyanto, ―Antisinomitas 33 Amhar Rasyid, ―Hermeneutika Dan Teks Tafsir Sufi Kontemporer,‖ Episteme 9, no. 1 Ushul Fiqh,‖ Al-Risalah 13, no. 1 (2018): 7. (2014): 140; Al-Suyūṭī, Al-Muzhir Fī ’Ulūm 34 Al-Shāṭi‘, Al-Iʻjāz Al-Bayānī Li Al-Qur’ān Wa Al-Lughah Al-’Arabiyyah, 1: 386. Masā’il Ibn Al-Azraq.

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‘Āʼisha Bint Shāti’s Thoughts on Bint al-Shāṭi’, Tarāduf, and Legal to the word al-ḥulm. In fact, the root of Verses the word al-ḥulm can be interpreted as gently, thought, and mature. The discussion on tarāduf is described by Bint al-Shāṭi‘ in her book al-Iʻjāz al- The word ḥalīm/ḥalīman in the form Bayān li al-Qur’ān by demonstrating of ṣīghat mubālaghah means gentle. It is mentioned 15 times in the Quran which انحهى :some examples of words such as signifies the nature of Allah that is the 35.ئيسأج و شوج ,انحهف وانمسى ,أَس و أتصس ,انسؤٌا و Most Gentle.38 Bint al-Shāṭi‘ does not First, the words al-ru’yā and al-ḥulm give an explanation on the correlation are interpreted as ―a dream‖. The word of al-ḥulm (a dream) to ḥalīm (gentle) in al-ḥulm is mentioned three times in the the verses of the Quran. Indeed, it must تَ ْم ,Quran, which is in al-Anbiyā‘(21): 5 be examined word by word, both in لَانُىا ,QS: Yūsuf (21): 44 ,لَانُىا أَ ْض َغ ُاز أَ ْحالو terms of giving the right meaning and ْ The . أَ ْض َغ ُاز أَ ْح ٍالو َو َيا َ ْح ٍُ تِرَأ ِو ٌِم ْاألح ِالو تِ َعانِ ًِ ٍٍَ the context of the conversation (siyāq al- word al-ḥulm in this verse means ―a kalām). chaotic / empty dream‖. Meanwhile, the word al-ru’yā is mentioned seven Likewise, the word aḥlām means أَ ْو :times, they are in QS: al-Ṣāfāt (37): 105, ―thought‖ like in QS al-Ṭūr, verse 32 ْ ْ The word .ذَأ ُيسُهُ ْى أَ ْح ُالي ْهُى تِهَ َرا أَ ْو هُ ْى لَ ْى ٌو َط ُاغىٌ ال ,QS: Yūsuf (21): 5, 43, 100 ,لَ ْد َص َّدل َد ُّانس ْؤٌَا ْ aḥlām in this verse seems to be closer in ,هَ َرا ذَأ ِوٌمُ ْزُؤٌَ َاي ,أَ ْفرُىًَِ فًِ ْزُؤٌَ َاي ,ذَ ْم ْصُص ْزُؤٌَ َان QS: and meaning to ―a dream‖, that is a dream , َو َيا َج َع ْهَُا ُّانس ْؤٌَا ,QS: al-Isrā‘ (17): 60 In that arises or comes from thoughts. Bint .نَمَ ْد َص َد َق ََّّللاُ َزسُىنَهُ ُّانس ْؤٌَا ,al-Fatḥ (48): 27 these verses, al-ru’yā also means ―a al-Shāṭi‘ again does not give comments dream.‖ on this verse. In fact, the word ahlām in this verse has two possible meanings According to Bint al-Shāṭi‘, the that can be used together, namely: words al-ru’yā and al-ḥulm clearly have thought and or a dream. different meanings, although in princi- ple they are translated as ―a dream‖.36 Furthermore, the word al-ḥulm, In its application, al-ru’yā means a which means mature or ―balīgh‖ as in َو انَّ ِر ٌٍَ نَ ْى ٌَ ْثهُ ُغىا ْانحُهُ َى ,dream which is based on a revelation Q.S al-Nūr (24): 58-59 ‘Bint al-Shāṭi . َوئِ َذا تَهَ َغ ْاألطفَالُ ِي ُْ ُك ُى ْانحُهُ َى , ِي ُْ ُك ْى (and inspiration (al-ru’yā al-ṣādiqah while al-ḥulm means a confusing dream does not explain the correlation of this or a mixed desire (al-aḍghāthu al- verse with the term al-ḥulm (a dream) mashūshah wa al-hawājis al-mukhtaliṭah).37 despite the fact that the derivation of Unfortunately, Bint al-Shāṭi‘s argument the word shows similarity. This verse does not touch verses of law that relate explains a law regarding the ethics of

35 Ibid. 38 Muḥammad Fu‘ād ‘Abd Al-Bāqī, Mu’jam 36 Ibid. Al-Mufahras Li Alfāẓi Al-Qur’ān Al-Karīm 37 Ibid. (Qāhirah: Dār al-Ḥadīth, n.d.).

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when your children have) ْاألطفَالُ ِي ُْ ُك ُى ْانحُ children, be it those who have not yet reached full maturity or children who reached the age of balīgh) can also be have already reached the age of balīgh juxtaposed with the definition of al- and have understood private parts of ḥulm (a dream). However, different in- the body (ʻawrah) to ask permission terpretations are possible, whether the when entering an adult‘s room in three rules / ethics apply to boys or girls and time settings: before dawn, noon and / or include both. This kind of problem after evening.39 is not addressed by Bint Shāṭi‘ in her book. In fact, Egyptian scholars have The interpretation of QS: al-Nūr agreed that the age of balīgh for men is (24): 58-59 suggests an obligation that 18 and 15 for women.41 Also, it has been should be carried out by children who explained in fiqh that the signs balīgh are not yet mature, or their parents, as for one are a wet dream (iḥtilām) for follows: first, parents are obliged to give boys and menstruation for girls. Ac- moral lessons to their children if they cording to Ibn Qudāmah (d. 629 AH) are to enter their parents‘ bedroom. Se- there are no scholars who disagree cond, for children who have not about these signs.42 Thus, the missing reached the age of balīgh, they must first discussion of al-Shāṭi‘ about this case is ask permission when they are to enter assumed that she purposefully gives their parents‘ bedroom at three time set- room for fiqh and uṣūl al-fiqh studies to tings, namely before dawn, noon, and run dynamically by not giving too after evening. Third, children who have much comment. been balīgh are obliged to ask permis- sion in advance when entering their Second, ānas and abṣar are interpret- parents‘ bedroom or other people‘s ed as ‗seeing‘. Ānas means seeing an ob- bedrooms at all time. Fourth, exceptions ject while listening to its sound. This are reserved for women who are elderly word is mentioned five times in the ئًَِِّ آََ ْس ُد ,and no longer have lust that they are Quran, namely QS: Ṭāhā (20): 10 :QS ,ئًَِِّ آََ ْس ُد َ ًازا ,QS: al-Naml (27), 7 , َ ًازا .allowed not to cover their aurat fully In the same .ئًَِِّ آََ ْس ُد َ ًازا ,Fifth, the above verse is an ethical guide al-Qaṣaṣ (28): 29 in the family.40 context it means ―to calculate‖ as in QS: .فَاِ ٌْ آََ ْسرُ ْى ِي ُْ ْهُى ْزُش ًدا ,al-Nisā‘ (4): 6 َوانَّ ِر ٌٍَ نَ ْى ٌَ ْثهُ ُغىا ْانحُهُ َى ,In the above verse -people who have not reached the In relation to the legal verse in al) ِي ُْ ُك ْى Nisā‘ (6), Bint Shāṭi‘ disagrees with the َوئِ َذا تَهَ َغ age of balīgh among you), and scholars of fiqh that according to her the 39 ‘Abū ‗Abdillāh ibn ‗Abī Bakr Al-Qurṭūbī, Al-Jāmiʻ Li Aḥkām Al-Qurʼān, Vol. XV (Qāhirah: Mu‘assasah al-Risālah, t.th), p. 41 Ibid. 332. 42 ʻAbu Muḥammad ‗Abdillāh ibn 40 Muẖammad ‗Alī Al-Sāyis, Tafsīr Ayāt Al- Muḥammad ibn Qudāmah, Al-Mughnī, Vol. Aḥkām, Vol. III (Qāhirah: Dār al-Ma‗ārif, IV (Miṣr: Maktabah al-Qāhirah, 1968), p. t.th), p. 181. 552.

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‘Āʼisha Bint Shāti’s Thoughts on -if you have seen the reply of the house owner‖. Accord) ,فَاِ ٌْ آََ ْسرُ ْى ِي ُْ ْهُى ْزُشدا verse their intelligence to marry) is no longer ing to her, if interpreted as ―asking for understood as ―physical maturity after permission‖, it is certainly not justified reaching the age of balīgh‖ but as that a police, tax collector or creditor to ―someone who is mentally ready to face enter a house without permission from trials and challenges‖.43 Such an inter- its occupants despite the fact that there pretation becomes more complicated are matters that are ḍarūrah or hājiyah because there is no standardization re- involved.46 In interpreting the word garding the age of one‘s mental readi- tasta’nisū, Bint Shāṭi‘ ignores the basic ness to face trials and challenges which rules istafʻala formula which uses al-ṭalab certainly has implications for the age (asking). It appears here that Bint Shāṭi‘ limit of marriage. Thus, the opinion of does not use linguistic approach con- Ālī al-Sāyis is far more applicable that sistently and instead makes a more gen- intelligence can be measured by an abil- eral interpretation based on customs ity to manage wealth, practice religion (‗urf) of the Arab region. The authoritar- well, and being responsible for what is ian Arab countries grant freedom to the done.44 More concretely, the effort to re- police, tax collectors and creditors to actualize Islamic law in determining the enter residents‘ homes while in coun- age limit of marriage has been accom- tries with a democratic system that kind modated by marriage laws that are ap- of act is not justified. If the opinion of plied by modern Muslim countries. For Bint Shāṭi‘ is adopted it seems that it is example in Indonesia, as explained in relevant to be applied to territories with Law No.1 of 1974 that the age limits for an authoritarian system which is in ac- marriage is 19 years for men and 16 cordance with the political conditions of years for women.45 her lifetime. For regions that use a democratic system it is more appropri- Moreover, the word ānas in al-fi‘il al- ate to interpret it as ‗asking for permis- muḍāri‘ (tasta’nisū) that means ‗asking sion‘ because neither the police, tax col- for permission‘ is found in QS: al-Nur lectors nor creditors are allowed to en- .ال ذَ ْد ُخهُىا تٍُُىذًا َغ ٍْس تٍُُىذ ُكى حرَّى ذَ ْسرَ ْأَسُىا ,27 :(24) -ter the house arbitrarily without per َ ِ ْ َ ِ This verse elaborates ethics of entering mission from the house owner, warrant a house by asking for permission of and and / or according to the law, such as; greeting the house owner. According to police searches, court executions and Bint Shāṭi‘, tasta’nisū here does not emergency situations. mean asking for permission (isti’zān) of the house owner but ―seeing or hearing Third, the words ḥalf and aqsam have the same meaning, namely, ―promises 43 Al-Shāṭi‘, Al-I’jāz Al-Bayānī Li Al-Qur’ān Wa and oaths‖. According to Bint Shāṭi‘, the Masā’il Ibn Al-Azraq. 44 Al-Sāyis, Tafsīr Ayāt Al-Aḥkām. 45 ―Undang-Undang No 1 Tahun 1974 46 Al-Shāṭi‘, Al-I’jāz Al-Bayānī Li Al-Qur’ān Wa Tentang Perkawinan‖ (1974). Masā’il Ibn Al-Azraq.

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نِهَّ ِر ٌٍَ ٌُْإنُ َىٌ ,use of the words ḥalf and aqsam in Arab oath in QS: al-Baqarah (2): 226 and the liʻān oath in QS: al-Nūr ِي ٍْ َِ َسائِ ِه ْى culture is different.47 Ḥalf refers to a .فَ َشهَ َادجُ أَ َح ِد ِه ْى أَ ْزتَعُ َشهَ َاد ٍاخ تِ َّ اّللِ ,treaty that is broken while aqsam refers (24): 6 to an honest or faithful treaty. In the نه َّر ٌٍَ ٌُْإنُ َىٌ ي ٍْ َ َسائه ْى In the verse it says ِ ِ ِ ِ ِ ِ Quran, the word ḥalf is mentioned in 13 (for those who īlā’ their wives). In fiqh verses. 48 They all mean oaths that the studies, īlā’ literally means ḥalf (oaths).51 hypocrites disobey. The word aqsam on Muslim scholars agree that ilā’ is an the other hand, is mentioned in 10 vers- oath of a husband in the name of Allah es. In general, they all refer to promises to his wife not to have sexual inter- that are well-kept and impossible to course within a certain period of time.52 break.49 According to Alif and Saipul Examining the previous opinion of Bint Hamzah, Bint Shāṭi‘ distinguishes the Syāṭi‘ it is clear that the words ḥalf and words ḥalf and aqsam in three ways, aqsam have different uses. If the word namely: first, the word ḥalf absolutely īlā’ is understood using the meaning of means false oaths whereas the word the word ḥalf in Bint Syāṭi‘s interpreta- aqsam have two meanings: true oaths tion, it will be contradictory to the and false oaths. Second, the word ḥalf is meaning of the word īlā’ itself. The con- attributed to the hypocrites while the cept of īlā’ as ḥalf is not in the context of word aqsam is attributed to Allah and fake oaths or related to the oaths of the the believers. Third, the use of the word hypocrites. If īlā’ is interpreted as aqsam, ḥalf is specific while the word aqsam is in accordance with linguistic aspects general.50 and various madhhabs, there is no defini- Thus, if associated with the discus- tion found that states that aqsam is in- sion of the verses of law, unfortunately, terpreted as īlā’. But from the difference Bint al-Shāṭi‘ does not associate it with in the third point above, it can be un- the word ―oath‖. For example, the ilā’ derstood that īlā’ is used in special situ- ations. 47 M Zakyi Ibrahim, ―Oaths in the Qur‘ān: Bint Al-Shāṭi‘s Literary Contribution,‖ Furthermore, in the case of liʻān in Islamic Studies 48, no. 4 (2009): 475. fiqh, according to Hanafiyah and Hana- 48 See QS: al-Tawbah (42, 56, 62, 63, 64, 74, 96 bilah, it is understood as a testimony dan 108), QS: al-Nisā‘ (62), QS: al- Mujādalah (14 dan 18), QS: al-Qalam (10), that is strengthened by a promise (ay- QS: al-Mā‘idah (89). mān) as many as five times and in the 49 See, QS: al-Wāqia‘h (76), QS: al-Mā‘idah fifth phase it is followed with cursed (108, 109), QS: al-‗An‗ām (109), QS: Fāṭir words on seeing his wife committing (42), QS: al-A‗rāf (48, 49), adultery and / or denying the baby in 50 Alif Jabal Kurdi and Saipul Hamzah, ‗Menelaah Teori Anti-Sinonimitas Bintu Al- Syathi‘ sebagai Kritik terhadap Digital 51 Wahbah Al-Zuhailī, Al-Fiqh Al-Islāmi Wa Literate Muslims Generation‘, Millati: Adillatuhu, Vol. VII (Bayrūt: Dār al-Fikr, Journal of Islamic Studies and Humanities 3, 1985), p. 536. no. 2 (2018): 253. 52 Ibid.

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‘Āʼisha Bint Shāti’s Thoughts on her womb.53As for Malikiyah it means zawj (in muzakkar) because Eve was an husband‘s oaths uttered for four times54 only partner existed and there were no whereas according to the Shafiʻiyyah it other women except her. The wives of is an accusation followed by an oath.55 Noah, Lūṭ, and the Pharaoh are called -imra’ah because women have been mas فَ َشهَ َادجُ أَ َح ِد ِه ْى أَ ْزتَعُ َشهَ َاد ٍاخ Based on the verse -And bear witness for four times in sive in number at that time. Unfortu) تِ َّ اّللِ the name of Allah), though the verse nately, Bint al-Shāṭi‘ does not further does not directly mention the words ḥalf explain why the Quran uses the term and aqsam, yet the verse contains the imra’ah for the wives of Noah, Lūṭ, and ,In general, it can the Pharaoh rather than zawjah. In fact .(تِ َّ اّللِ) letter aqsam as in be predicted that this term is under- in Arab and fiqh studies, zawjah is more stood as aqsam not ḥalf because in Ara- popularly interpreted as ―wives‖. In its bic grammatical rules there are only other forms such as azwāj in the Quran َو ِي ٍْ آٌَاذِ ِه أَ ٌْ َخهَ َك نَ ُك ْى ِي ٍْ ,not half. Moreover, QS: al-Rum (30): 21 (و,ب, خ) qasam letters َزتََُّا ,and QS: al-Furqan (25): 74 أَ َْفُ ِس ُك ْى أَ ْش َو ًاجا if Bint Shāṭi's interpretation on the it is interpreted as ,هَ ْة نََُا ِي ٍْ أَ ْش َو ِاجَُا ,meaning of the word aqsam is followed the interpretation of liʻān as the mean- ―wives‖, that is ―spouses‖ who have ing of aqsam is then suitable, but its na- achieved ―sakīnah, mawaddah, and ture is no longer general but specific. raḥmaḥ” in their lives. In contrast, the wives of Noah, Luth, and the Pharaoh Fourth, the words zawj and imra’ah are called imra’ah because they are are translated as ―a wife‖. In the Quran wicked wives. But why does Bint al- the word zawj is mentioned for the wife Shāṭi‘ exclude the word imra’ah for the of prophet Adam as found in QS: al- wives of Ibrahim, Zakaria, and Imran as ولُ ْهَُا ٌا َآدو ْاس ُك ٍْ أَ َْ َد و َش ْو َجُه ,Baqarah (2): 35 maidens and widows not because of َ َ ُ َ وٌَا َآدو ْاس ُك ٍْ أَ َْ َد ,QS: al-A‘rāf (7): 19 , ْان َجَُّح َ obedience or wickedness?56 َ ُ فَمُ ْهَُا ٌَا َآد ُو ئِ ٌَّ ,QS: Ṭāhā (20): 117 , َو َش ْو َجُه ْان َجَُّح َ -The word imra’ah, on In addition, the word azwāj accord .هَ َرا َع ُد ٌّو نَ َه َونِ َص ْو ِج َه the other hand, is used for the wives of ing to Bint al-Shāṭi‘ is interpreted as prophets and kings such as the wives of ―women who are not bound by mar- Noah, Luth, and the Pharaoh. riage‖. In fact, in the case of talak, īlā’, ẓihār and a wife whose husband has According to Bint al-Shāṭi‘, the use died, the word azwāj is interpreted as a of the words zawj and imra’ah as a wife woman whose marriage has broken.57 is different. The wife of Adam called The question is, why does Bint al-Shāṭi‘ not explain the causes of the change in 53 ʻAlāʼu al-Dīn al-Haṣfakī Al-Ḥanafī, Al-Darr the derivation of the word? The answer Al-Mukhtār (Miṣr: Maktabah al-Bābī al- Ḥalabī, n.d.). 56 See, QS: Hūd (81), QS: al-Dhāriyāt (89), QS: 54 Aḥmad Al-Dardīr, Al-Sharh Al-Ṣaghīr, Vol. II Āli Imrān (35, 40), QS: Maryam (5). (Miṣr: Dār al-Ma‗ārif, t.th), p. 627. 57 See, QS: al-Baqarah (230, 237, 240), QS: al- 55 Al-Zuhailī, Al-Fiqh Al-Islāmi Wa ’Adillatuhu. Ṭalāq (1).

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Maizul Imran & Ismail may be that the literary approach used Bibliography by Bint al-Shāṭi‘ in understanding the Quran can be considered successful in Journals terms of iʻjāz al-qur’ān. However, the Adriana, Iswah. ―Al-Adldad: Sebuah literary sensitivity of Bint al-Shāṭi‘ is Fenomena Pertentangn Makna very minimal in commenting on the Dalam Liguistik Arab.‖ Okara 2, no. verses of law thus its relevance in the 6 (2011). https: //doi.org/http: attempt to extract laws in the Quran be- //dx.doi.org 10.19105/ojbs.v5i2.509. comes insignificant and difficult to find. Boullata, Issa J. ―Tafsir Al-Qur`ān Modern Studi Atas Metode Bintu Conclusion Syathi‘.‖ Al-Hikmah 3, no. 1 (1991). Dahlan, Moh. ―The Hermeneutics Of From the discussion above, it can be Authentic Jurisprudence Of Gus Dur concluded that Bint al-Shāṭi‘ may have In Indonesia.‖ Al-Risalah 17, no. 1 proven the miracle of the Quran (January 2018): 11. https: through a literary approach, but several //doi.org/10.30631/al-risalah. aspects need to be criticized. First, Bint v17i01.18. al-Shāṭi‘ barely focuses on the study of Hamiruddin. ―Studi Atas Pemikiran the verses of law, making her concept of Bint Al-Syati` Tentang Kemukjizatan still abstract and difficult to ap- tarāduf Alquran (Menyorot Sosok ply when compared to existing results Perempuan; Mewujudkan of fiqh. Secondly, Bint al-Shāṭi‘ is very Kesetaraan).‖ Al-Irsyad Al-Nafs, minimal in providing comments related Jurnal Bimbingan Penyuluhan Islam 2, to the verses of law that limits her influ- no. 1 (2015). ence on the strengthening of Islamic le- Hidayah, Nuril. ―Posisi Teori I‗jāz Al- gal propositions, such as: the ethics of Qur`ān ―Aisyah Abdurrahman children at home, age requirement for Bintu Al-Syathi‖ Dan marriage, the ethics of entering the Sumbangannya Dalam Kajian Al- house, the ilā` oath, the liʻān oath, and Qur`ān.‘‖ An-Nur Jurnal Studi Islam the mention of in the case of al q, azwāj ṭ ā 7, no. 2 (2015). ih r and the death of the husband. ẓ ā Husseinizadeh, Fatimah, and Seyyed Such limits are a consequence of Bint al- Abdulrasoul Ahmadinezhad. ―A i s strong focus on linguistic ap- Shāṭ ‘ Comparative Study Of Allamah proach, neglecting tashriʻiyyah approach Balaghi And Bint Al-Shati‘s Method that results in an interpretation of And Rules Of Interpretation.‖ meaning that is difficult to apply. Yet in Journal Of Comparative Tafsir Studies my opinion, in exploring Islamic law 2, no. 1 (3) #G00357 (2016): 159–80. from the Quran and Sunna, there has to Ibrahim, M Zakyi. ―Oaths in the Qur‘ān: be balance between linguistic (lughawiy- Bint Al-Shāṭi‘s Literary yah) and tashriʻiyyah approaches. Contribution.‖ Islamic Studies 48, no.

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