دلالة المنطوق والاستدلال بها في تفسير القانون

Abstract

This study aims to demonstrate the effect of the operative significance as a study of the fundamentals of jurisprudence)uṣul al-fiqh( and its use in the interpretation of legal texts, and the researcher dealt with this topic by introducing the meaning of the operative in juridical and legal convention, then explaining the operative sections and the extent to which the law is affected by these sections in the interpretation of texts, after which it showed the basis of inference With this significance in the interpretation of legal texts through legal theories that were mainly represented in the school of exegesisand based on the verbal meaning of the text and not departing from it, as well as through the legal basis represented in the legality of employing this indication by including it legally in all Arab legislation explicitly or implicitly, then conclude The researcher presented this study with applied examples in inferring this significance in the interpretation of legal texts through legal jurisprudential explanations. The study concluded with several results, the most important of which is the influence and need of the legal interpreter for the knowledge of the fundamentals of jurisprudence)uṣul al-fiqh( in general and the significance of the operative in particular in legal interpretation. The state must reconsider the study curricula for law faculties by including the subject of fundamentals of jurisprudence)uṣul al-fiqh( as a basic subject within the academic subjects.