(Jurisprudential terminology between extraction and employment: (a study of the conceptual structure of jurisprudential terminology))

Abstract

The jurisprudential term is originally derived from the Arabic language. The structure of the word is Arabic and the meaning is Arabic, but the use is legitimate, and includes descriptions, controls, and limits that make the term more precise, clear, and with a strong indication of what is meant by it. As a result, this is reflected in the legal ruling learned from the legal texts. Therefore, I will try Addressing this topic in order to reveal the extent of the close connection between the creation of jurisprudential terminology and its legitimate use, and between its extraction and employment and monitoring its levels of development, because what is considered in the use of words and terms in the field of jurisprudence is the legitimate use and the legal significance of the rulings. The most important result of the research is the necessity of preserving jurisprudential terminology and respecting the conceptual structure on which it was founded. This ensures respect for the Shari’a ruling and preserving it from eradication and distortion, given that knowledge of jurisprudence depends on acquiring the Shari’a concepts contained in its terminology. We also find another effect, which is that the jurisprudential terminology directs the jurist’s consideration of the Shari’a evidence and he arrives at the ruling that is consistent with the will of God Almighty.