The Arabic Language: The Authoritative Criterion for Juristic Preference in Legal Rulings

Abstract

Arabic linguistic rules constitute the fundamental pillar for understanding Shari'ah rulings and serve as the most prominent scientific criteria for distinguishing between the preponderant (Al-Rājiḥ) and the outweighed (Al-Marjūḥ) opinions. It is the universally consensus-based methodology adopted by jurists to evaluate sacred texts and deduce legal rulings. It is, therefore, imperative for the jurist to attain a profound mastery of the Arabic language and its nuances—particularly its grammatical structures—to navigate evidence with probabilistic linguistic indications (Zannī al-Dalālah). This study aims to demonstrate the significance of the Arabic language in juristic preference (Al-Tarjīḥ) and highlight its status in Islamic legislation. The importance of this research lies in showing how linguistic proficiency fosters juristic aptitude (Al-Malakah al-Fiqhiyyah), enabling the scholar to derive rulings and branch out complex issues based on the most authentic linguistic interpretations, supported by evidence from classical Arabic lexicons. Furthermore, it seeks to eliminate textual ambiguities and refute deviant interpretations that exploit linguistic variations for ideological agendas.

The research problem centers on the multiplicity of linguistic interpretations and their manipulation by certain sects to justify heterodox views. To achieve its objectives, the study employs an inductive and analytical methodology, reviewing jurisprudential, linguistic, and foundational (Usul) references to critically and transparently analyze the prevailing scholarly opinions.