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Volume :32 Issue : 109 2017      Add To Cart                                                                    Download

The Effect of the Legislative Logic in Guiding the Diligencein Understanding the Text

Auther : Dr. Abdullah Abdul-Qader Queider

The Effect of the Legislative Logic in Guiding the Diligencein Understanding the Text Specifying its General and Restricting its Absolute Dr. Abdullah Abdul-Qader Queider Assistant Professor - Islamic Jurisprudence Section – Sharia Faculty – Zarqa University - the Hashemite Kingdom of Jordan Abstract: Sharia overall and general purposes of legislation, in addition to rules of the legislator regarding the legislative provisions form a general layout of sharia. Where breaching or violating it considered irregularity, which not accepted by the reality and logic of the legislation. Therefore,the diligence of the diligent scholars subjected to fine controls. Diligence is not limited to matters where there is no text regarding it, rather it is found in texts which need explanation. In such case the diligent scholar is performing explanation diligence to reveal the ambiguity of the sharia text. Such explanation has tools and means according to the text to be explained. The legislation logic was evident in all doors of diligence to understand the text, including the researches of generality and particularity, semantics, disagreement and weighting, which is considered as explanation diligence. I made this study to search the effect of the legislative logic in the allocation and restriction topics, as the legislative logic was existing during the rooting and branching of these two aspects, that’s because of their importance in showing the goal of the text, and extracting what is not needed from the generality of the word. Keywords: Allocation, General, Legislative Logic, Explanation Diligence, Investigating the Words.

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Nov 04, 2019

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