The Effect of the Conjunctive Particle Wāu 'Ataf on the Istinbāt of Fiqh Rulings

Abstract

The hurūf al-maāni have a profound connection in understanding the meaning of a sentence pattern in the Arabic language and in deriving legal rulings according to Shariah. This is because most issues related to dalālah (indication) and fiqh matters depend on the understanding of the meaning of the particles present in the text. This paper discusses the concept of wāu 'ataf, the importance of its usage by scholars, and its effect on the istinbāt (deduction) of fiqh rulings. The field of Arabic language is challenging and constantly evolving over time. These developments necessitate the ijtihad of scholars in determining rulings for specific issues. Mujtahids derive rulings from authoritative sources, namely the Qur’an, Sunnah, and valid ijma’, while also referring to the principles of istidlāl (deductive reasoning) and istinbāt in Islamic law. These principles revolve around the Arabic language, grammar (nahu), and rhetoric (balaghah). This paper analyses the meaning and significance of wāu 'ataf from the perspectives of both Arabic linguists and scholars of usul al-fiqh in their classical works. The analysis shows that it has become a supporting source in establishing several rulings, including various fiqh issues, and serves as a methodology for istinbāt in cases of differing madhhab opinions. This paper also provides examples of the usage of wāu 'ataf in several fiqh issues.