الــتـــأويـــل في الــنـــصـــوص الـمـدنـيــة ( دراســة مـــقـــارنـــة)

Hermeneutics in civil texts A comparative study

The contemplator of the Arabic language, according to its context, finds within it numerous rhetorical figures such as metaphor, allegory, metonymy, and hyperbole. This lends Arabic its charm of expression, influencing the form of words on their meanings. Interpretation works to elucidate those meanings and understand their intentions, extending beyond linguistic and legal dimensions to encompass social and customary behaviors, along with the circumstances and challenges that align with the movements and growth of life.Interpretation involves moving from the apparent meaning to another potential meaning based on evidence.
It’s a method of deriving judgments from various texts by determining the legislator’s intent. Judges or scholars must carefully scrutinize the wording, determine its implications, and lean towards the prevailing interpretation. Civil and religious texts often contain differing explicit and implicit rulings, which may only become apparent within their societal context, necessitating interpretation. The presumption is that the meaning should adhere to the apparent unless evidenced otherwise, or due to necessity or an important legal objective.This is significant because most civil texts are derived from Islamic jurisprudence, rich in rhetorical texts open to interpretation.
We find this evident in civil texts, which not only broadens the range of meanings but also enhances the text’s flexibility. However, the problem arises from the lack of a clear definition or guidelines for the term ‘interpretation’ that judges can refer to in legal application, compounded by the confusion between terminologies found in most applications.Hence, we aim to establish some guidelines and conditions for judicial and jurisprudential work to clarify the meanings of terms through correct interpretation, employing deductive tools and adhering to fundamental principles that facilitate the diligent practitioner in preventing judgments that contradict the principles of justice.
This is achieved through a comparative analytical approach with the principles of jurisprudence and inclusive of various judicial applications.Therefore, we have divided this research into three chapters: the first chapter elucidates the concept of interpretation in civil law, the second chapter delineates the limits of interpretation in civil texts, and the final chapter concludes with the study of interpretation rulings and their applications.