Hanefi Usûl-ı Fıkhı’nın Müşterek ve Müşkil Dil Kategorilerinin Bir Mukayesesi

The linguistic categories (aqsām al-lafẓ) of Islamic Jurisprudence (Uṣūl al-Fiqh) have recently become a source interest to both Arabic linguists as well scholars Law. There seems be widespread tendency, however, among contemporary approach them without any concern highlight aspects where they are similar to, or different from, each other, unless such comparison was already made in classical manuals Jurisprudence, even the occasion demands otherwise. One concerns muštarak and muškil, two that fall under first second categorizations respectively. While uṣūlīs compare with its co-subcategories (e.g. khāṣṣ) muškil khafī), do not other despite striking similarities between them. These might compromise integrity categorization due seeming existence separate for what appears same concept. Therefore, there is need analyze comparative way establish nature relationship two, which an issue, best my knowledge, has never been addressed previous literature, thus constituting important gap needs filled. fill this becomes more urgent works discuss define these almost identical, sometimes providing examples one them, noting difference epitomizes degree misunderstanding literature can lead today. In attempt gap, paper provides, time, analysis muškil. Falling back upon Jurisprudences within Ḥanafī school, present work argues case assigned meanings given ambiguous expression yet thought through requires types inquiries, namely ṭalab, list use, taʾammul, determine meant on speech/writing occasion. However, muštarak, worked out therefore known by addressee(s) occasion, requiring only inquiry taʾammul. further after use determined turns into muštarak. regard, said earlier version just referred muʾawwal preponderated taʾwīl.