The Role of Intellectuals’ Stipulation in the Expurgation of Verbal Sources [the Qur’an and the Tradition] of Legal Injunction

The most important reason for the authoritativeness of the apparent meaning of words and phrases of the verbal sources is the intellectuals’ stipulation [basis]. The question is: can this stipulation have an impact on the semantic shifting of words and phrases? If the answer is affirmative, how would it have such an impact? The intellectuals’ stipulation, sometimes as a rational indication, associated with the words and phrases, has an impact on the semantic extension or semantic limitation, and sometimes it has an impact on the construction of premises on the stipulation of which a general meaning for the words and phrases is established. In addition, the distinction between the custom and the intellectuals’ stipulation at the time when the verbal sources are issued and the time when the said sources is used is necessary. By giving some examples of the law of contract, this article introduces this impact of the intellectuals’ basis. In addition, the possible objections to the authoritativeness of this use of the intellectuals’ basis have been raised and answered.