Criteria for Distinguishing between “Etlag-e-Maghami and Kalami” in Interpreting the Will of the Legislator

“Etlag-e-Maghami and Kalami” are two principles of interpretive principles of the legislator's will in the realm of unrestricted words meaning on absoluteness and restriction. Although both of these principles are used in the absoluteness and restriction of the legislator when in doubt, but the...

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Main Author: Heydar Bagheri Asl
Format: Article
Language:fas
Published: Semnan University 2023-05-01
Series:مطالعات فقه و حقوق اسلامی
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Online Access:https://feqh.semnan.ac.ir/article_7883_f70acb8c8c0df96a61734a265d4eebca.pdf
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author Heydar Bagheri Asl
author_facet Heydar Bagheri Asl
author_sort Heydar Bagheri Asl
collection DOAJ
description “Etlag-e-Maghami and Kalami” are two principles of interpretive principles of the legislator's will in the realm of unrestricted words meaning on absoluteness and restriction. Although both of these principles are used in the absoluteness and restriction of the legislator when in doubt, but there is a serious difference between these two principles in proving the absoluteness and restriction. It is sometimes observed that in reliance on the “Etlag-e-Maghami and Kalami” to interpret the will of the legislator and the lawgiver in the realm of absoluteness and restriction is confused or neglected. This issue has raised the main question of the research: "What are the criteria for separating the “Etlag-e-Maghami and Kalami” in the interpretation of the will of the legislator?" The necessity of the research, in addition to the applicability of the present research, is that no one has addressed this issue so far. The present article intends to do this with the analytical and citation method of the library and presents 19 criteria of separation for relying on the “Etlag-e-Maghami and Kalami” in the interpretation of the legislator's will.
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publisher Semnan University
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series مطالعات فقه و حقوق اسلامی
spelling doaj-art-651ce8e076544e0099044bf1ba4e1c5c2024-12-09T08:44:00ZfasSemnan Universityمطالعات فقه و حقوق اسلامی2008-70122717-03302023-05-011530335610.22075/feqh.2022.26815.32227883Criteria for Distinguishing between “Etlag-e-Maghami and Kalami” in Interpreting the Will of the LegislatorHeydar Bagheri Asl0Tabriz University“Etlag-e-Maghami and Kalami” are two principles of interpretive principles of the legislator's will in the realm of unrestricted words meaning on absoluteness and restriction. Although both of these principles are used in the absoluteness and restriction of the legislator when in doubt, but there is a serious difference between these two principles in proving the absoluteness and restriction. It is sometimes observed that in reliance on the “Etlag-e-Maghami and Kalami” to interpret the will of the legislator and the lawgiver in the realm of absoluteness and restriction is confused or neglected. This issue has raised the main question of the research: "What are the criteria for separating the “Etlag-e-Maghami and Kalami” in the interpretation of the will of the legislator?" The necessity of the research, in addition to the applicability of the present research, is that no one has addressed this issue so far. The present article intends to do this with the analytical and citation method of the library and presents 19 criteria of separation for relying on the “Etlag-e-Maghami and Kalami” in the interpretation of the legislator's will.https://feqh.semnan.ac.ir/article_7883_f70acb8c8c0df96a61734a265d4eebca.pdf“etlag-e-maghamietlag-e-kalami ”absoluterestriction
spellingShingle Heydar Bagheri Asl
Criteria for Distinguishing between “Etlag-e-Maghami and Kalami” in Interpreting the Will of the Legislator
مطالعات فقه و حقوق اسلامی
“etlag-e-maghami
etlag-e-kalami ”
absolute
restriction
title Criteria for Distinguishing between “Etlag-e-Maghami and Kalami” in Interpreting the Will of the Legislator
title_full Criteria for Distinguishing between “Etlag-e-Maghami and Kalami” in Interpreting the Will of the Legislator
title_fullStr Criteria for Distinguishing between “Etlag-e-Maghami and Kalami” in Interpreting the Will of the Legislator
title_full_unstemmed Criteria for Distinguishing between “Etlag-e-Maghami and Kalami” in Interpreting the Will of the Legislator
title_short Criteria for Distinguishing between “Etlag-e-Maghami and Kalami” in Interpreting the Will of the Legislator
title_sort criteria for distinguishing between etlag e maghami and kalami in interpreting the will of the legislator
topic “etlag-e-maghami
etlag-e-kalami ”
absolute
restriction
url https://feqh.semnan.ac.ir/article_7883_f70acb8c8c0df96a61734a265d4eebca.pdf
work_keys_str_mv AT heydarbagheriasl criteriafordistinguishingbetweenetlagemaghamiandkalamiininterpretingthewillofthelegislator