Linguistic understanding variables and their impact on legal understanding In the verses of inheritance

Abstract

There is no doubt that the understanding of the language is a cornerstone on which Islamic jurisprudence depends, It is one of the three reasons to which the disagreement between jurists refer; because the linguistic rules in generality, specificity,  and other restrictions in language words, are important sources that affect fatwa, in addition to the disagreement in fundamental jurisprudence rules, and the validity of the text, according to the rules of hadith. language is not in isolation from the other two pillars that are based on linguistic means, whether these means are used in philology and editing  texts that are speculatively established, or  in solving the conflict in the texts that have speculative significance. These papers will address a doctrinal issue of inheritance to reveal the impact of a precise linguistic understanding of the legal text in deducing the ruling, and analogizing to it in what is not explicitly stated in the text. The research was preceded by an explanation of some terms related to the subject, while the first section came to detail some of the precise glimpses that early scholars, especially Al-Suhaili, drew from the texts of revelation regarding inheritance in general, and from the text of the two issues of Gharawiya - which are the focus of the research - in particular. Al-Suhaili, pointed out from afar that it was possible to come up with a conciliatory attempt in these issues. The second section came to detail the narrational evidences contained in the issues, and reinforce them with rational consideration to show the extent of their conclusiveness on which the previous fatwas were based, and the jurisprudential rulings resulting from it, to suggest the possibility of being subjected to ijtihad, in order to prove the approach that is not opposing the textual and rational inferences.