جستجوی مقالات مرتبط با کلیدواژه « Arabic Language » در نشریات گروه « فقه و حقوق »

In Usul al-Fiqh (principle of Jurisprudence), it is well known that arguments and proofs are classified by jurists into conclusive and non-conclusive. Quran generalitiesare considered by Muslims as being conclusive in terms of its chain of transmission. However, their implications have long been widely disputed by Muslim scholars and jurists. While contemporary Shiite jurists have taken the Quranic generalities as non-conclusive and thus have not discussed it much, the Sunni jurists have addressed this issue in several books. According to most Sunni and Shiite jurists, the generalities of the Quran are considered valid presumptions. Contrary to this view, some Shiite Ulama such as Sheikh Mufid, Sayyid al-Murtaza, Sheikh Tousi, and some contemporary jurists on the one hand, and some Sunni jurists such as Shatibi, Ibn Taymiyyah, and most of Hanafi jurists and Mu'tazila on the other hand, argue that implications of the generalities are conclusive. As found through induction, there are three reasons for the conclusiveness of the generalities' implications:1) the impermissibility of delay in the exposition from the time of speech; 2) conclusiveness of the used implications; and 3) the implication of the intended subject. This study sought to elaborate on the topic through the comparative analysis of the views expressed by Shiite and Sunni jurists in this regard. It appears that the views concerning the conclusiveness of the generalities' implications are strongly backed by reason and all the three reasons presented are defendable and justified. According to those reasons, disconnected particularizersare contrary to the Arabic Language's rhetoric because based on Arabic Language's grammar, the speaker could not intend to convey a meaning opposite to what is signified by a word. Therefore, deviation from this principle may result in ignorance, deception, an obligation to the impossible and, the uselessness of speech. Keywords: Implication, Generalities, Conclusiveness, delay the exposition, Used implications, Signification, Arabic Language and literature.

Since language is the basis for all human interactions and since science as an action takes place in the context of language, this paper intends to analyze the characteristics, changes, and fluctuations of the legal language in Iran in the light of modern scientific languages. For this purpose, first of all such concepts as modernity, scientific spirit, and scientific language and its characteristics will be examined as an introduction to the subject. The significance of the legal language and legal terms is not less than the legal science itself. As we proceed, we face such questions as follow: how does the language of law in Iran as a scientific language make its scientific terms and vocabulary? Does it depend on Persian language or Arabic language? Which efforts have been made in order to fertilize the legal language? Although some unsystematic and inconstant efforts have been made to use Persian terms and vocabulary (which will be analyzed as part of the fluctuations of the legal language in Iran), it can be said that the legal language in Iran depends heavily on Arabic language.