Linguistic issues and its influence on jurisprudential differences in Islamic law

Abstract

Islamic law is characterized by a combination of stability and flexibility—stability in principles and fundamentals, and flexibility in branches and details. One of the most important manifestations of the flexibility of Islamic law is the space it provides for “ijtihad” (independent reasoning) for those who have met the necessary qualifications and fulfilled the required characteristics. The scholars of the Islamic community have understood the message of Islam and excelled in deriving rulings, using their sound reasoning. They differed in their search for truth, with each “mujtahid” (jurist) adhering to and defending a particular legal proof. The diversity of opinions in branches of law is a legitimate matter that arose for various reasons, either due to differences in the narration of “hadith” (Prophetic traditions), foundational legal principles, or the Arabic language and its related issues. The linguistic issues that contribute to differences among jurists are numerous and can be categorized into two types: lexical issues and grammatical issues. Among the most important lexical issues are homonymy (words with multiple meanings), opposites, and figurative language. Some of the key grammatical issues include disagreements about case markings, the meanings of particles, and whether an adjective refers to one or two described elements that are governed by different agents. In terms of methodology: This paper is based on the incomplete inductive approach by collecting scientific material from a specific number of jurisprudential sources in which disagreement is evident in jurisprudential rulings. The Scientific material is then classified according to its relationship to linguistic issues and is divided into two sections: the first section is devoted to lexical issues, and the second section is devoted to syntax issues. In terms of intent: The article aims to highlight the influence of jurisprudential rulings on linguistic perception, and the interaction of jurisprudence in the Arabic language.