Document Type : Specialized article
Author
Graduated level 4, family jurisprudence, Al-Zahra community
Abstract
The concept of description is one of the types of the opposite concept and it means termination of the described sentence, when its description is extinguished and the described sentence does not survive by replacing another description. This concept has an important place in the derivation of Sharia rulings and jurisprudence, and in this research, cases of its application in jurisprudence are discussed. In this research, the description is not dedicated to the description of the described, and it includes the description that is not dependent on the described. In the science of the principles of jurisprudence, there are several types mentioned for this description, such as: container of time and place, present, past and present, preposition, etc. The three forms of the meaning of the descriptive sentence are as follows: The first form: where in the word of analogy There is a concept. The second form: where there is an analogy to the lack of meaning in the word, and the third form: where there is no analogy in the word. Out of these three forms, the first two forms are outside the area of conflict and there is no difference between the fundamentalists, but the third form is a place of debate and disagreement. The general rule in the realization of the concept is that there is a special connection between the sentence and the clause; That is, the description is the adverb of the ruling and its subject, in the sense that wherever it is proven that the adverb is the exclusive cause of the ruling, and also the ruling that is the party of the ruling is the source of the ruling, not the person of the ruling, the description will have meaning. Also, where there is a similarity to the concept, such as if the description is in the capacity of limiting or exclusive ruling, it will undoubtedly have the meaning of a sentence, and there is no difference between the Usuliuns in this regard. The debate and disagreement is where there is no definition in the word, or the definition is an adverb of the subject. The concept of description has been used in the derivation of jurisprudential rulings and fatwas of jurists, including its use in rulings on covering a woman in front of a child, mameez, ezl, zhar, etc.
Keywords
)