Al-Risāla (attributed to al-Šāfiʿī) and the Question of Vagueness in Islamic Legal Hermeneutics. (12th August 2017)

• Record Type: Journal Article
• Authors: Belhaj, Abdessamad
• Is Part Of: Comparative Islamic studies. Volume 11:Number 1(2016)
• Page Start: 95
• Page End: 107
• Publication Date: 2017-08-12
• Subjects: ambiguity -- hermeneutics -- al-shafi'i -- vagueness; Islam -- Periodicals; Islam -- Relations -- Periodicals; 297.071
• DOI: 10.1558/cis.20372
• Languages: English
• ISSNs: 1740-7125

Abstract

Abstract : This article investigates the problem of legal vagueness in Islamic legal hermeneutics. In particular, it examines al-Risāla's (attributed to al-Šāfiʿī) approach to use language as an argument for the clarity of legal discourse. It argues that ambiguity, although recognized as a legal hermeneutic problem, was not tolerated within Islamic legal discourse. It also makes the case that al-Risāla's stance develops early reverse pragmatics or pragmatics-for-apologetics in Islamic legal theory.