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Interpretation, Meaning and rules of interpretation of Law and general principles of interpretation of statutes

Introductory Remarks Interpretation of written legal document is fundamental to the process and practice of law. Interpretation takes place whenever the meaning of legal documents must be determined. Lawyers and judges search for meaning using various interpretive approaches. It is essential before understanding the concept of Interpretation of any legal document we must know the concept of codification and type of codification of legal document .In the below we discussed these interpretative approaches in details and discuss meaning and concept of interpretation in law and rules of interpretation in written legal documents like constitution, statutes etc.  Definition of Interpretation of Law Interpretation means the process of determining the intended meaning of  written legal document like constitution, statutes, contract, deed or will etc.  Concept of Interpretation of Law Interpretation in Law has different meaning. Indeed the word "interpret" itself mu...

Codification, Kinds of Codification, Merits and Demerits of Codes in legislation process

Introductory Remarks During legislative process many terms we used in law sense like litigation, statue, ordinance, codification process and rules of interpretation of laws. In below we discussed about the terms codification and interpretation of laws in legislative terms and we define and elaborate these terms according to different jurists. English jurisprudence play vital role in codification and interpretation of laws in different sense. Definition of Codification of Law According to the Oxford Dictionary: " Code is a systematic collection of statutes, body of laws, so arranged as to avoid inconsistency and overlapping." This definition of codification is not exhaustive because it does not include common law and case law. In fact, codification is the systematic precess and reduction of the whole body of law into a code in the form of enacted law. Codification implies collection, compilation, methodical arrangement and reduction to coherent form the whole ...

Importance of Qiyas (Analogy) in Islamic Law.

Introduction: Sunni schools agree that for the matters not expressly dealt with in the Texts, along with Ijma, the law can be deduced in those matters by the help of Qiyas. Sunni jurist do not admit that extension of law through Qiyas amounts to innovation, as Shia authorities consider. Simple, Qiyas is a process in which reason of a text is applied in a particular way to find out the solution or law in this regards. As a source of law it is subordinate to Quran, Sunnah and Ijma because these are provide base for the original case or authorities in deducing law through Qiyas. Qiyas Meaning and Concept: Literally Qiyas means "to measure or measuring one thing in terms of another".  According to Hanafi Jurists, Technically it is an extension of law from the original text to which the process is applied.  According to Maliki school of thought, The accord of a deduction with original text in respect of the illat or effective cause of its law.  According to Shafa...