DIVERGENTNO IMPLICIRANO ZNAČENJE ZAKONODAVNOG TEKSTA (MEFHŪMU-LMUHĀLEFE) U ŠAFIJSKOJ PRAVNOJ ŠKOLI
OPPOSITE IMPLICIT MEANING OF A LEGISLATIVE TEXT (MEFHŪMU-L- MUHĀLEFE) IN THE SHAFI’I SCHOOL OF LAW

Summary/Abstract: 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 discipline of linguistics in uṣūlu-l-fikh, the acceptance of implicit meaning (mefhūm) in the process of ijtihad, the linguistic and terminological definition of the concept of mefhūmul-muhālefe in the Shafi'i school of law, the disagreement between Hanafi and Shafi’i on this issue, and the conditions for the use of the opposite meaning method (mefhūmu-l- muhālefe) by the Shafi’i. The use of opposite meaning (mefhūmu-l- muhālefe) and its significance in the Shafi'i school of law are explained naming suitable examples. At the end of the paper, we clarify the value of the mefhūmu-l- muhālefe indication and the legal power of the indication in the ijtihad.

• Details
• Contents