Grammatical Exception in the Opinion of Legal Theoreticians

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Grammatical Exception in the Opinion of Legal Theoreticians

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Title: Grammatical Exception in the Opinion of Legal Theoreticians
Author: Al-Saadi, Abdul Qadir Abdul Rahman [عبد القادر عبد الرحمن أسعد السعدي]
Abstract: This paper aims to bring out an important aspect of the interrelationship between Sharia and Arabic grammar. It is well recognized that theorists of jurisprudence have discussed at great lenth grammatical issues relevant to their field of study and based many legal opinions on grammatical distinctions that they found necessary to make. This paper takes special focus on the topic of grammatical istithna and investigates in particular the prerequisites for istithna to constitute a basis for legal inference and the debates between theorists of juridsprudence on it. The following are findings of this research: (l)For istithna to constitute a basis for legal inference, it must not be exhaustive of almustathna minh and must be inseparable, and must immediately follow almustathna minh. (2)Exclusion under negation results in affirmation, whilst exclusion under affirmation leads to negation. (3)Recurrent mustathna may imply exclusion from the first mustathna minh or from that which precedes each. (4)Context is the determining factor in whether coordinated istithna is to be interpreted as exclusion from all coordinated items.
URI: http://hdl.handle.net/10576/7791
Date: 2006

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