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Review paper

IMPLICED MEANING OF THE LEGISLATIVE TEXT (DALĀLATU-N-NAṢṢ) IN HANEFĪ LEGAL SCHOOL

By
Šukrija Ramić
Šukrija Ramić
Contact Šukrija Ramić

Islamski pedagoški fakultet u Zenici,

Abstract

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 is considered, then the linguistic and terminological definition of the concept of dalālatu-n-naṣṣ in Hanafī school. Through the examples of dalālatu-n-naṣṣ, it was explained how the Hanafīs used dalālatu-n-naṣṣ in the argumentation of legal norms. Furthermore, the status of dalālatu-n-naṣṣ in the Hanafī legal school and the preference in the case of contradictions between išāratu-n-naṣṣ and dalālatu-n-naṣṣ have been clarified. At the end, the results that have been made through the paper research are listed.

Citation

This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. 

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