This paper examines the issue of contradictions between the clear (wāḍiḥ) meanings of the legislative text within the legal methodology (Uṣūlu-l-fiqh) of the Hanafi School of Law. The Hanafi School of Law categorized the clear meaning of the legislative text (wāḍiḥ) into four categories: ẓāhir, naṣṣ, mufassar and muḥkam. Through the examples, this ...

By Šukrija Ramić

This paper elaborates on how the scholars of the Hanafi School of Law theoretically considered mufesser and muḥkem. Mufesser and muḥkem represent two out of four categories (ẓāhir, naṣṣ, mufassar and muḥkem) in the categorization of the clear meaning of the legislative text (wāḍiḥ) in the Hanafi school. Naming examples, the paper analyses the use o...

By Šukrija Ramić

This paper elaborates on how the scholars of the Hanafi School of Law theoretically considered the clear meaning of the legislative text (wāḍiḥ) and how the Hanafis categorized it. Out of the four categories: ẓāhir, naṣṣ, mufassar and muḥkem, this paper deals with the first two. Naming examples, the paper presents the use of these categories in the...

By Šukrija Ramić

This paper attempts to elaborate on the Shafi’i school of law scholars’ theoretical interpretation of the acceptance of the opposite implicit meaning (mefhūmu-l- muhālefe) method in the ijtihad and the consequences of such interpretation on the derivation of legal regulations in that school. At the beginning of the paper, we briefly explain the dis...

By Šukrija Ramić

This paper explores the theoretical interpretations of the pronounced meaning of the legislative text (al-manṭūq) in the Shafii school of law and the consequences of such an interpretation for the rules that the Shafiis came to through their legal reasoning (ijtihād). At the beginning of the work, the discipline of linguistics is explained in the c...

By Šukrija Ramić

The work on iqtiḍāun-naṣṣ explores the theoretical interpretations of Ḥanafi scholars in relation to the necessarily assumed meaning of the legislative text (iqtiḍāun-naṣṣ) and the consequences of such an interpretation on the regulations to which the Ḥanafis came in their legal reasoning (ijtihād). At the beginning of the paper, the linguistic and...

By Šukrija Ramić

This paper examines Hanafī legal school theoretical interpretations of the logical and legal meaning of the legislative text (dalālatu-n-naṣṣ) and the consequences of such an interpretation on the legal norms that the Hanafis came to with their ijtihād. At the beginning, the question of possible textual indications (ed-delalāt) of legislative texts...

By Šukrija Ramić

This paper examines the Hanafi scholars’ approach to the alluded meaning (isharat al-nass) of a legislative text, and the implications of such an approach for the legal norms the Hanafis derived through ijtihad. The first part of the paper discusses the issue of possible textual indications (al-dalalat) within a legislative text, and then the conce...

By Šukrija Ramić

This paper presents the understanding and interpretation of the theme of ‘ibāretun-nass in the Hanafi School of law, which is usually dealt in a branch of linguistics by methodologists of Islamic law. The importance of the branch of Methodology of Islamic law on linguistics and the benefits that a mujtahid has from the principles established by sch...

By Šukrija Ramić

This paper considers the issue of interpretation (ta’weel) of original texts of Shari’ah in the spirit of traditional teaching. In the introduction the author emphasises the significance of knowing this issue through history and present day. After explaining linguistic meaning, the author describes a meaning of ta’weel in the tradition of selefus-s...

By Šukrija Ramić