LessonsMethods of Metaphorical Transfer: Cause, Effect and Legal MeaningQuiz

Istiʿārah uses a word assigned to one meaning for another related meaning. Majāz is a broader category. Calling a brave man a “lion” is understandable through bravery, but legal expressions such as ownership, purchase, emancipation and divorce demand a closer analysis of legal effects.

Literal sense: the assigned or established meaning.
Transferred sense: the other meaning sought by a recognized relationship.
Connecting ground: the feature justifying that movement.

Not every verbal similarity licenses legal transfer. The jurist must identify the relation between the causes and the legal outcomes of the expressions concerned.

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From linguistic metaphor to legal analogy

Methods of Metaphorical Transfer: Cause, Effect and Legal Meaning

Istiʿārah uses a word assigned to one meaning for another related meaning. Majāz is a broader category. Calling a brave man a “lion” is understandable through bravery, but legal expressions such as ownership, purchase, emancipation and divorce demand a closer analysis of legal effects.

Literal sense: the assigned or established meaning.
Transferred sense: the other meaning sought by a recognized relationship.
Connecting ground: the feature justifying that movement.

Not every verbal similarity licenses legal transfer. The jurist must identify the relation between the causes and the legal outcomes of the expressions concerned.