Abstract
This study deals with the assets of jurisprudence represented in the explanation and interpretation of the legitimate discourse (Alnuss). These are tools to analyze and understand the Qua’an and Suna discourse reaching out to accomplish its meaning.
This study builds and defines the concept of reasoning and the concept of cause after showing the conventions of jurisprudents to the concept of reason. The rationale of this study is Hikmat Almutakalmeen.
This study also shows the concept of Nuss, from its broad perspective, without any restraints; regardless of what it refers to. It also illustrates the difference between explanation and interpretation. It browses jurisprudents’ opinions. In this paper, I have sorted out the conflict without neglecting what jurisprudents have stated that dealing with the derived reason must not be repealed, changed or altered; while the interpretation of the Nuss does not mean abrogating it. However, it is acceptable to explain and define the meaning of the Nuss.
This study, also exhibits the importance of interpretation to Alhikma Altashre’ea. One of the reasons behind this study is to extend the horizon of the Nuss in order to achieve the legislator’s intention, in addition to facilitate the implementation of the legitimate sentencing for the assigned people.
This paper, also reviews the forms of interpretation that is related to the Alhikma Altashre’ea throughout the jurisprudential examples. For instance, eliminating unique description and attaching the judgment to the common or shared description, or vice versa
Recommended Citation
Haswa, Maher
(2014)
"Reasoning the Legitimate Discourse and the Impact on its Interpretation; a Judicial Doctrinal Study,"
UAEU Law Journal: Vol. 2014:
No.
58, Article 6.
Available at:
https://scholarworks.uaeu.ac.ae/sharia_and_law/vol2014/iss58/6