The Impact of Interpretation of the Jurisprudential Text: Models from the Jurisprudence of Marriage

Abstract

     This study aims to explore the phenomenon of perceiving some issues contrary to the purposes of jurisprudence. It investigates them through selected models of the jurisprudence of marriage, from the angle of the impact of the interpretation of the jurisprudential text on building perceptions and presenting them in the form of judgments, laws, fatwas, or texts quoted as proofs. The subject of the study is part of broad topics, including: Fiqh criticism, the methodology of interpreting the opinions of the jurists, and contemporary concerns about the sciences of Islamic jurisprudence. One part of these investigations is to trace the effect of quoting from books of jurisprudence on the theoretical perception of the jurisprudential discourse, with the aim of establishing the scientific value of quoting as an art of jurisprudence. Moreover, to alert the danger of selecting an issue from the jurisprudential books away from the methodological principles of the jurisprudence.

    The research concluded that the problems raised in some quotes from jurisprudence is caused by the deficiencies in dealing with the jurisprudential book, copying which dictates away from the methods of receiving jurisprudential knowledge, and looking at the jurisprudential doctrine as separate parts. It recommends studying the methods of interpretation for the topics and issues of jurisprudence in terms of its laws, tools, and prohibitions; differentiating between systematic criticism and random work; and stopping at the limits of the unified jurisprudential subject, which prohibits the selection from a doctrine, and considers the tracking of weak sayings as a contradiction to knowledge.