Principles (5): General and Specific - Summarized Specification مقاله

خلاصه ماشینی:

Sayyid Ja'far Bushahri Principles (5) General and Specific Ambiguity of the Specifier (Ejmal al-Mukhassis) Although the words and phrases of the legislator are interpreted according to their customary meanings, some words, despite this customary rule, still lack clear meaning, whether because the speech possesses multiple meanings and consequently one of those meanings cannot be definitively selected, or because the word fundamentally lacks a meaningful application in the given context; in such cases, the speech is inherently ambiguous (mujmal). The ruling for this case, taking into account the reports of the late Na'ini mentioned above—which is also almost unanimously agreed upon by the scholars of Usul—is as follows: The general rule (amm), meaning the King's authority to nominate a candidate for the position of Crown Prince, is not apparent due to the encounter with an ambiguous specifier (mukhassis mujmal) (in the case mentioned where the candidate for the position of Crown Prince is attributed to the Qajar family through his mother); therefore, it is not authoritative (hujjah). Second Example—An ambiguity of a connected specifier in terms of concept and doubt between a minimum and a maximum: According to Article 327 of the Principles of Criminal Procedure, "The proceedings and investigations of the court must generally be public, with the exception of the following cases:-" 3-In actions that are against religious sentiments. " The reports of the late Na'ini continue as follows:- "However, if the specifier (assuming it is ambiguous in terms of concept) is separate (munfasil), then in the event of doubt between two distinct matters, the general rule again loses its authoritative force in all potential cases.