RELIGION IN DEBATES ABOUT THE EUROPEAN IDENTITY HARMONIOUS IMPLICIT MEANING OF A LEGISLATIVE TEXT (MEFHŪMU-L-MUVĀFEQA) IN THE SHAFI’I SCHOOL OF LAW

Abstract

This paper discusses the Shafi’i school of law scholars’ theoretical interpretation of the harmonious meaning (mefhūmu-l-muvāfeqa) and the consequences of such interpretation on the ijtihad in that school, with respect to their interpretation of implicit meaning of a legislative text (delāletu-l-mefhūm). At the beginning of the paper the purpose and use of implicit meaning (delāletu-l-mefhūm) and its classification are explained, followed by the linguistic and terminological definition of the concept of mefhūmu-l-muvāfeqa in the Shafi'i school of law. Through the examples harmonious meaning and the methods of its indications are identified. It is also explained how the Shafi'i used mefhūmu-l-muvāfeqa in the argumentation of legal regulations. At the end of the paper, the value of mefhūmu-l-muvāfeqa indication and the legal power of the indication in the Shafi'i school of law are clarified.