LessonsComprehensive Review and Applied Reasoning in Usul al-FiqhQuiz

An explicit expression (sarih) clearly denotes the relevant legal effect and generally does not depend on an undisclosed intention to have that effect. An allusive expression (kinayah) permits other meanings, making intention or circumstantial indication important.

In divorce terminology, an explicit statement of divorce is not analyzed like a phrase such as “go to your family,” which can have an entirely different purpose.

Circumstantial indication arises from the question asked, the immediate exchange, any dispute, and the surrounding speech. Not every circumstance has the same strength for every ruling.

The interpreter should distinguish conventional wording, context and intention before assigning the legal consequence.

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Explicit and allusive wording

Comprehensive Review and Applied Reasoning in Usul al-Fiqh

An explicit expression (sarih) clearly denotes the relevant legal effect and generally does not depend on an undisclosed intention to have that effect. An allusive expression (kinayah) permits other meanings, making intention or circumstantial indication important.

In divorce terminology, an explicit statement of divorce is not analyzed like a phrase such as “go to your family,” which can have an entirely different purpose.

Circumstantial indication arises from the question asked, the immediate exchange, any dispute, and the surrounding speech. Not every circumstance has the same strength for every ruling.

The interpreter should distinguish conventional wording, context and intention before assigning the legal consequence.