LessonsExplicit and Allusive Wording: Clarity, Intention and Legal EffectQuiz

الصريح لفظ يكون المراد به ظاهراً
An explicit expression is one whose intended meaning is apparent.

An expression is apparent when its established use communicates the relevant sense without requiring investigation of a concealed intention. “Biʿtu” (“I sold”) and “ishtaraytu” (“I purchased”) illustrate direct contractual language.

Ṣarīḥ is not restricted to one grammatical construction. The controlling feature is whether the operative meaning is plainly expressed in the setting in which the words are used.

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The precise definition of ṣarīḥ

Explicit and Allusive Wording: Clarity, Intention and Legal Effect

الصريح لفظ يكون المراد به ظاهراً
An explicit expression is one whose intended meaning is apparent.

An expression is apparent when its established use communicates the relevant sense without requiring investigation of a concealed intention. “Biʿtu” (“I sold”) and “ishtaraytu” (“I purchased”) illustrate direct contractual language.

Ṣarīḥ is not restricted to one grammatical construction. The controlling feature is whether the operative meaning is plainly expressed in the setting in which the words are used.