Language and the Interpretation of Islamic Law

Language and the Interpretation of Islamic Law

by Sukri Husayn Ramic
Language and the Interpretation of Islamic Law

Language and the Interpretation of Islamic Law

by Sukri Husayn Ramic

Hardcover

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Overview

The discipline of 'principles of Islamic jurisprudence' (usul al-fiqh) constitutes the theoretical basis of Islamic law (Shari'ah) and the indisputable foundation on which it is based. One of the most important branches of usul al-fiqh is the study of the usage of language. Language and the Interpretation of Islamic Law is the first work to appear in the English language dealing with this important aspect of Islamic law. Dr Sukri Husayn Ramic gives us the background to the terminology used by the different schools of Islamic law and then discusses the different applications of language in legal reasoning and the interpretation of Islamic law.

Product Details

ISBN-13: 9780946621859
Publisher: Islamic Texts Society
Publication date: 04/01/2005
Series: Islamic Law and Jurisprudence series
Pages: 256
Product dimensions: 6.00(w) x 9.50(h) x 0.84(d)

About the Author

Dr Sukrija Husejn Ramic studied Arabic and Islamic law in Saudi Arabia and at the University of Wales, Lampeter. He is Dean of the Teachers Training College in Zenica, Bosnia and Herzegovina.

Read an Excerpt


One of the most important branches of usul al-fiqh is the study of language. Linguistics includes principles relating to the way in which words convey their meanings, and to the clarity and ambiguity of words and their inter­pretation. The knowledge of these principles is essential to the proper understanding of the authoritative texts from which the legal rulings of Islamic law are deduced. Unless these texts are correctly understood no ruling can be deduced from them.
   Linguistic principles are especially important when a given text is not self-evident, or when an apparent conflict between texts appears. From these principles a mujtahid may distinguish the speculative from the definitive texts and categorise clear and unclear texts (meanings). In cases of disagreement, the preference is for clearer or less ambiguous texts (meaning). A proper implementation of these principles in legal reasoning ensures intellectual rigour in sensitive areas where human beings must uphold the command of God (the only true Lawgiver) and speak in His name. From an Islamic perspective, human reasoning in a system of law which originates in divine revelation, is an arduous, complicated affair. Therefore all precautions need to be taken, and no effort spared in reaching the ruling intended by the Lawgiver. Usul al-fiqh linguistic principles are focussed on this difficult process.
   The importance of these principles may be summarised as follows:
(a) They are essential to mujtahids for distinguishing between speculative and definitive meanings and for categorising these meanings so that that which is clearer may be given precedence in case of a conflict.
(b) They provide powerful support for the mujtahid in his legal reasoning, especially in the case of conflict between legal proofs in Islamic law.
(c) They provide understanding of words whose interpretation is a major cause of disagreement among Muslim jurists (fuqaha').
(d) They help in better understanding the legislation of Islam and Islamic law in general.

Table of Contents


Acknowledgment
Introduction
Part I: The Methods of Textual Indication on Legal Rulings (Turuq Dalalat al-Alfaz 'ala al-Ahkam)
   Introduction to the Hanafi Approach to the Methods of Textual Indication
   Chapter 1: The Explicit Meaning ('Ibarat al-Nass)
   Chapter 2: The Alluded Meaning (Isharat al-Nass)
   Chapter 3: The Inferred Meaning (Dalalat al-Nass)
   Chapter 4: The Required Meaning (Iqtida al-Nass)
   Introduction to the Shafi'i Approach to the Methods of Textual Indication
   Chapter 5: The Pronounced (al-Mantuq)
   Chapter 6: The Implied (al-Mafhum)
Part II: Clarity and Ambiguity in Words (al-Wuduh wa'l-Ibham fi'l-Alfaz)
   Introduction
   Introduction to the Hanafi Approach to Clear (wadih) Words
   Chapter 7: The Apparent (al-Zahir)
   Chapter 8: The Explicit (al-Nass)
   Chapter 9: The Explained (al-Mufassar)
   Chapter 10: Firm (al-Muhkam)
   Chapter 11: Conflict (ta'arud) between categories of wadih
   Introduction to the Shafi'i Approach to Clear (wadih) Words
   Chapter 12: The Apparent (al-Zahir)
   Chapter 13: The Explicit (al-Nass)
   Chapter 14: Comparison between Hanafi and Shafi'i
   Introduction to the Hanafi Approach to Unclear (mubham) Words
   Chapter 15: The Hidden (al-Khafi)
   Chapter 16: The Problematic (al-Mushkil)
   Chapter 17: The Concise (al-Mujmal)
   Chapter 18: The Intricate (al-Mutashabih)
   Introduction to the Shafi'i Approach to Unclear (mubham) Words
   Chapter 19: The Concise (al-Mujmal)
   Chapter 20: The Similar (al-Mutashabih)
Part III: Generality and Specificity of Words
   Introduction
   Chapter 21: The General Meaning (al-'Amm)
   Chapter 22: The Specific (al-Khass)
   Chapter 23: The Specification of Meaning (al-Takhsis)
   Chapter 24: Forms of the Specific (Khass)
Part IV: The Interpretation of Clear and Unclear Words (ta'wil)
   Introduction
   Chapter 25: The Interpretation of Clear and Unclear Words (Ta'wil)
Conclusion
Appendix: Selected Biographical Notes
Glossary
Bibliography
Index
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