Semantic Principles of Islamic Law
Journal Title: فقه و اصول - Year 2014, Vol 46, Issue 98
Abstract
Paying attention to the lingual analysis of the legal concepts and propositions is one of the most important sections studied in philosophy of law. The nature of the science of law necessitates its intermingling with words; law, contract, verdict, legal authorship, all have to be put into words to be understood and executed. The first stage of understanding a text or a speech – including a legal proposition – is to understand its meaning. Thus, this research seeks to find a semantic pretext for legal propositions. There is much material in this respect in analytical philosophy and the science of semantics, which has helped legal experts have better understanding of law. Nevertheless, Iranian legal logic and principles of law have been adopted from the principles of jurisprudence. The legal theorists (uṣūlīs) have proposed many discourses on the meaning of legal terms and the relation between words and meanings. Concerning the relation between a word and its meaning, it is opined that this relation is essential and conventional. Similarly, most of the legal theorists consider the object or dependant (muta‘allaq) of the meaning of non-conventional words as rational nature or percipient. Acceptance of any of these approaches has a direct impact on the legal experts’ attitude towards law, particularly in exegesis (tafsīr).
Authors and Affiliations
Sajad AfshāR
Keywords
Related Articles
- EP ID EP184538
- DOI 10.22067/fiqh.v46i18.20207
- Views 111
- Downloads 0
Elucidation and Study of the Expanse of Appearance and Indication of the Āya on the Permissibility of Polygamy
Since long ago, there have been discourses among the exegetes concerning the indication of the āya on polygamy ﴾If you fear that you may not deal justly with the orphans, then marry [other] women that you like, two, thre...
A study of the rule ‘Unforgivable in continuity (survival, sustainability) is not unforgivable in the beginning’
In Islamic jurisprudence we face phrases such as ‘Unforgivable in continuity (survival, sustainability) is not unforgivable in the beginning’ whose context suggest that this is considered by scholars as a known and accep...
Proportion of Ordinance and Subject: Functions and Mechanism of Recognition in the Jurists’ Expression
One of the requisites for proper understanding of the legal statutes (nuṣūṣ) is that the legislator and the jurist, along with other wise people in various scenes of life, should enjoy collective wisdom and, besides havi...
A Research on the Historical Course of Tanqīḥ al-Manāt in Imāmī Jurisprudence
Tanqīḥ al-manāṭ (refinement of the basis of the ruling) is the refining and elaborating of the reason and basis of a ruling of the redundant features along with decreeing and generalizing it to any case that enjoys a com...
The Nature of Certitude in Epistemological Terms and the Necessity of Formulating Uṣūlī Material on its Basis
Jurisprudence and Fundamentals of Islamic Law, Tehran University In the methodology of Islamic jurisprudence (‘ilm al-uṣūl), the decisive belief of the religiously accountable (mukallaf) is called certitude (qaṭ‘), which...