فهرست مطالب سید کاظم مصطفوی

The word of indefinite noun has four identifiers in the discourse of the science of jurisprudential principles (Ilm al-usul al-fiqh), and there are three main concepts in its sense which are stated by the Ulam`. Some believe that its concept is always general, and others have expressed the idea of its particularity and some others have selected the intermediate theory; the latter group believe that if infinite noun occurs in the context of declarative sentence, its meaning is particular, and if it is located in the form of imperative statement, its meaning will be general. On the other hand, on the controversy in semantics of this institution in this science, a jurisprudential function has not been provided, and sometimes it was believed that it has no the mentioned function. Therefore, with explaining all the theories and criticizing the opponent ideas, the author is seeking to making his selected theory clear. In the following, the author will clarify Saheb al-fosul`s theory, and describe the famous intention of the usuli scholars concerning "farde moraddad (doubted meaning)" , and justify incorrectness of the term "tankir (indefinitness)" as to tanvin of the words such as term "rajolon (on male)", and finally provide and analyze the jurisprudential function of the discussion.

The word “Hukum” literally and linguistically means judgement. In the Holy Qur’?n it also implies the same meaning. It is used in the jurisprudent terminology to mean verdict or ruling and may also imply other special meanings. When it is used unconditionally, it usually implies an Islamic practical law which is divided into different parts and sections. The most important of which are“Taklif” i.e. religious obligations, civil laws and laws which contain many related different branches and sections such as Governmental laws and the like. Each of these has special impact in its meaning. Stages of law have been fully explained in this research starting from the first stage (i.e.enacting stage) to the last stage(i.e. executing stage). Finally we have also explained the views of the Sunni scholars with regards to the meaning of “Hukum” as studied under its different branches and sub-divisions.