Iğtihād of the Jordanian Šarīʿa Judiciary in the Interpretation of Legal Terms An Applied Study

Maher Haswa
Man Baker, Zayed University

Document Type

Article

Source of Publication

Arab Law Quarterly

Publication Date

1-1-2022

Abstract

Abstract This article studies a collection of legal terms and their interpretation by Jordanian courts in matters related to the Šarīʿa. It outlines the method through which the meaning of terms is determined by returning to Islamic foundations of jurisprudence ( uṣūl al-fiqh ), a source specified by Jordanian law which can be used to define legal terms as well as the context, scope, and application of legal texts. The article examines a set of judicial interpretations ( iğtihād ) of terms which have carried different points of view in both courts of first instance and appeals. The methodology of the study combines between theoretical discussions derived from Islamic foundations of jurisprudence ( uṣūl al-fiqh ) and the application of interpretive principles through a focus on determining the purpose of the legislator. The article highlights the role of the contemporary Muslim judiciary in developing personal status law through the interpretation of terms that carry multiple meanings and explores the essential principles relied upon in this process, establishing a path for future legal reform.

ISSN

0268-0556

Publisher

Brill

First Page

1

Last Page

16

Disciplines

Law

Keywords

Iğtihād, judicial interpretation, personal status, Šarīʿa courts, unclear terms

Indexed in Scopus

no

Open Access

no

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