أثر تعليل النصوص في تأويلها و تخصيصها

Abstract EN

The Islamic Sharia' has the advantage that it is consistent with the human mind and that it bears intended meanings the wise legislator wants them to be the purpose of the legislation.

It was the human mind that played an important role in the process of understanding and the development of these meanings.

As the Holy Quran and the Sunnah are the two main sources of legislation and their texts can be divided into Qtaiat and Zniat in terms of the meanings they signify.

Since the Zniat have different meanings; the wisdom of the legislation intervenes - as evidence - to interpret these Zniat to distract them from the surface meaning (zahir) to another meaning consistent with the legislative wisdom, without - certainly –going against the status of the language , custom or usually the use of the legislator.

And in all of this the wisdom of legislation must have such a force to be able to distract the Zahir of the word from its interpretation and allocation.

Because the issue is in the circle of Zaniat; it is due to the scholar to consider the force of the distracting evidence-the legislative wisdom – as opposed to zahir of the word which he wanted to interpret and to allocate it.

So it was natural to find a difference in the views of the scholars in matching between the wisdom of the legislation from one hand, and the zahir of the word from the other hand, weakening this or strengthening the other.

Accordingly, this issue begins at the explanation of the text and understanding the wisdom of its legislation, and thus the interpretation of the text leads to expand its horizon, or allocating it leads to narrowing its horizon.

So the result in both cases leads to achieve the wisdom of the legislator and his intention in a form greater than the rigidity of the zahir of the text.