The role of the Arabic Language in the disagreement between Islamic lawyers

ABSTRACT Ph.D THESIS THE ROLE OF THE ARABIC LANGUAGE IN THE DISPUTES OF THE FUQAHA Muhammed Tayyip ELÇİ The language of al-Qur'an and the Sunnah, fundamental sources of Islamic law, is Arabic. It stands out with its unique grammatical structure, literary arts, and richness of words and meanings. The rules of this language play an active role in the process of deducing rulings. The fact that the literal meanings of the texts are open to different definitions and interpretations in terms of grammatical rules and rhetoric caused the jurists to understand and interpret the texts differently. This situation paved the way for the deduction of different rulings. Because the differences in interpretation that arise during the determination of the meaning in which a word contained in a text is placed, the determination of the structure and i'rab of the word within the framework of sarf and nahw sciences, and also the analysis of the text in terms of rhetoric and literary arts have caused disaggrements among the jurists. The study aims to address the role of language rules as one of the reasons for disagreement among the jurists. This study includes an introduction, three main sections, and a conclusion. The introduction discusses the concepts of al-fiqh, al-faqih, the Arabic language, the disagreement among the jurists, and the results it has brought about. In the first section, the disagreements arising from the position of Arabic words are discussed under the subheadings of determining the literal meaning of the word, whether the word is movable or not, its general and specific commonality, the indication of the word, and the indication of its concept. The second section discusses the reasons for disagreement arising from Arabic grammar under "Sarf" and "Nahw" headings. In this context, the differences of the i'rab, the disagreements regarding the meanings indicated by the letters, the exclusion, the exception, and the authority of the pronoun are evaluated within the framework of fundamental grammatical issues. In the third section, the reasons for disagreement arising from Arabic rhetoric are discussed and assessed under the headings of truth and metaphor, allusion, indication of the order, indicator of the prohibition, cessation, and restriction. The topics discussed in the study are explained with examples. Keywords: Al-fiqh, Disagreement, Arabic language, Disagreement of the jurists.