LessonsKhafi, Mushkal, Mujmal and Mutashabih: Degrees of ObscurityQuiz

Imagine a legal term with an ordinary, well-understood meaning. A particular person performs an act in an unusual way. The debate may then concern classification of that unusual conduct, not the letters or basic sense of the word.

Keep two elements distinct:
The expression's basic indication: readily understood.
Application to a special instance: needs investigation because of an external feature.

The existence of new cases does not automatically make clear language mujmal. The first question is whether the novel instance falls within the original legal category.

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Where khafi obscurity occurs

Khafi, Mushkal, Mujmal and Mutashabih: Degrees of Obscurity

Imagine a legal term with an ordinary, well-understood meaning. A particular person performs an act in an unusual way. The debate may then concern classification of that unusual conduct, not the letters or basic sense of the word.

Keep two elements distinct:
The expression's basic indication: readily understood.
Application to a special instance: needs investigation because of an external feature.

The existence of new cases does not automatically make clear language mujmal. The first question is whether the novel instance falls within the original legal category.