Iqtida' (implication, demand and claim of a right)

اقتضاء

In the language, iqtida' means demanding a right and taking it in full. The usul scholars use it for implication (dalala). Implication is an unspoken element that a speech needs in order to be correct or true. For example, the words 'free your slave on my behalf for a thousand' cannot be valid unless the speaker is first taken to have asked for the sale of the slave, so the sale is implied. For the truth of the speaker, the hadith that lifts error and forgetting from the community requires the implied removal of the ruling for the act. In the jurists' usage, performing an obligation is called qada'; the word can cover both performing the obligation itself and delivering a like thing, and an executor who knows of a debt on the deceased and pays it does not sin. The common term in the jurists' usage for taking a right is istifa', while iqtida' means demanding that a right be fulfilled, as in the hadith of the generous seller and buyer. In usul, the demand of an act or of its omission is either obligatory or prohibited when definite, and recommended or disliked when not, while choice is its counterpart. 1 2 3

Depth

At a glance

Era
The Early Abbasid Caliphate
Region
Global / Diaspora
Review
Draft Completeness 1/5 · Help complete it

Development of law, theology and institutions

Definition

In the language, iqtida' means demanding a right and collecting it, from the same root as paying a debt. Jurists use it in this sense; the usul scholars use it for implication (dalala). 1

Implication

Implication (dalalat al-iqtida') is an unspoken element that a speech needs in order to be correct or true. A speech that cannot be correct without an addition is the muqtada, the addition is the muqtada, and seeking the addition is the iqtida'. 2 For correctness: "free your slave on my behalf for a thousand" is only valid if the sale is implied, since manumission follows ownership. For truth: the hadith that lifts error and forgetting requires the implied removal of the ruling on the act, since error itself cannot be lifted. 2

Qada' and istifa'

Qada' can mean delivering the thing owed or delivering a like thing, since its sense is to discharge, complete and settle. It also covers performing what a person owes to others; an executor who knows of a debt on the deceased and pays it does not sin. 2 Istifa' means demanding fulfilment, and is a kind of iqtida'. 2

Demanding a right

The common term for taking a right is istifa', whether the right is financial, such as a worker's wage, or not, such as the benefit of a thing or retaliation. Iqtida' also means asking for a right to be paid easily, as in the hadith of the generous seller, buyer and creditor. 3

Demand of an act

A definite demand of an act is an obligation, and a non-definite demand is a recommendation. A definite demand to abstain is a prohibition, and a non-definite one is a disapproval. Choice is the counterpart of iqtida': the act and its omission are equal. 3

People and things also explored

Biting and the liability for injury it causes (add)· Justice and uprightness (adl)· Contagion (adwa)· Pardon (afw) in purity, worship, contracts and penalties· Covenant (ahd) and the duty to keep it; oath by the covenant of God· Term, deadline (ajal)· Hired worker (ajir)· Stranger, outsider (ajnabi)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3180
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3181
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3182
Cite this page

islam.museum contributors. “Iqtida' (implication, demand and claim of a right)”. islam.museum, https://islam.museum/en/concept/iqtidaa/. CC BY-SA 4.0. Last updated 2026-10-23.

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Related

Biting and the liability for injury it causes (add)

In the lexicon, add is gripping a thing with the teeth and holding it. If a person bites another without right and a wound results, the biter must pay the damages for the wound, assessed as a just award by experts. If one man bites another's hand and the bitten man pulls it free so that the biter's front teeth fall out, most jurists hold that there is no liability, relying on a prophetic judgement in such a case; the Shafi'is limit this to a bitten man who chose the easiest means of release, and the preferred Maliki view requires compensation.