"Adl va Ensaf" Comparative Law Researches Quarterly

Structuralism and phenomenology in hermeneutics with a look at the principles of jurisprudence

Document Type : Original Article

Authors

1 Phd jurisprudent and law

2 International law university islamic Azad of mashhad

3 jurist prudent and law , university of ferdowsi of mashhad

10.22034/aeclr.2021.304892.1066
Abstract
One of the most important topics in Islamic sciences and humanities is accurate understanding of the meaning of the text. Hermeneutics is a branch of the humanities that discusses the theoretical foundations of text interpretation and comprehension. The science of the principles of jurisprudence pursues a similar goal. Because its duty is to deduce the Shari'a ruling from religious texts and sources. And that is why the fundamentalists in the discussion of words are forced to discover the rules of understanding texts.
The jurist uses the text of the book and tradition, ie the Qur'an and Islamic hadiths, to deduce the rulings, and the necessity of using these texts has caused about half of the discussions on the principles of jurisprudence to be used to express rules that guide how to use the words of the book and tradition. They are in inferring the rulings This section has been called "discussion of words", and this is where the discussion of the relationship between this section of the principles of jurisprudence and contemporary hermeneutics arises and the criterion of understanding between the speaker and the audience that are not on the same horizon is raised
In principled sources, several theories are usually mentioned in the matter of accurate understanding of the meaning of the text, which show the phenomenology of the hermeneutic problem before it was raised by the German theologian and writer Schleier in the form of principled theories, the most important of which include Exemplary theory of....
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