IMPLICIRANO ZNAČENJE ZAKONODAVNOG TEKSTA (DELĀLETU-N-NAṢṢ) U HANEFIJSKOJ PRAVNOJ ŠKOLI
IMPLICED MEANING OF THE LEGISLATIVE TEXT (DALĀLATU-N-NAṢṢ) IN HANEFĪ LEGAL SCHOOL

Summary/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 dalālatun-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 dalālatun- 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.

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