LessonsExplicit and Allusive Wording: Clarity, Intention and Legal EffectQuiz

والمجاز قبل أن يصير متعارفاً بمنزلة الكناية
A figurative usage before becoming customary is treated like allusion.

Where the figurative sense of a word is not yet recognized in ordinary usage, the words alone do not identify which transferred meaning was intended. Such usage resembles kināyah and depends on additional evidence.

If a figurative usage becomes established and familiar enough to communicate one meaning directly, customary language may affect its legal classification. The significant feature is whether the intended sense has become apparent.

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Unestablished figurative usage and allusion

Explicit and Allusive Wording: Clarity, Intention and Legal Effect

والمجاز قبل أن يصير متعارفاً بمنزلة الكناية
A figurative usage before becoming customary is treated like allusion.

Where the figurative sense of a word is not yet recognized in ordinary usage, the words alone do not identify which transferred meaning was intended. Such usage resembles kināyah and depends on additional evidence.

If a figurative usage becomes established and familiar enough to communicate one meaning directly, customary language may affect its legal classification. The significant feature is whether the intended sense has become apparent.