المشترك اللفظي في اللغة العربية وأصول الفقه :دراسة وصفية تحليلية مقارنة

Abstract

Summary: The study aims at explaining the concept of homonym according to the definitions given by linguists, the Muslim jurists and Western scholars. It treats the effects of homonym in Arabic Language, especially in terms of inference of legal rulings and the analysis of some instances of homonym in the domain of language and the principles of jurisprudence. In addition, by analyzing and comparing, the study exposes the differences and similarities between the linguists and the scholars of the jurisprudence principles with regard to the issue of homonym. The study has also exploited the inductive method in terms of investigating, searching and collecting the required information on homonyms in Arabic Language and the principles of jurisprudence. It also goes in line with the descriptive analytical paradigm relying on previous works in the descriptions of homonyms, as they discuss various views of the linguists and scholars of the principles of jurisprudence. The researcher eventually arrives at some findings: 1- Homonyms play an important role in Arabic Language as extraction of legal rulings from the Quranic and prophetic texts and the acquisition of the intended legal dictate, 2- The concept of homonym according to scholars of the principles is more accurate and elaborate than the concept according to the linguists because the former did not restrict it to its literal definition only, but they also establish limits and conditions for it. The linguists on the other hand, have widened its connotation, 3- The available samples on homonym in terms of verbs in the Arabic Language and the Principles of Jurisprudence are very scanty, 4- The involvement of the identical words in producing different meanings may lead linguists, scholars of the principles of jurisprudence and jurists into their different of understanding of Quran and Hadith which may eventually lead to variations in the secondary legal rulings which they infer from those texts