The Role of Particles in Structuring Legislative Texts: A Comparative Study between Islamic Jurisprudence and Civil Law

Abstract

This study explores the role of Arabic particles (ḥurūf) in shaping legislative texts, through a comparative analysis between Islamic jurisprudential contexts and modern legal frameworks. It focuses on the semantic functions of particles as subtle connectors that profoundly impact legal meanings, sometimes leading to significant shifts in legal rulings.

The research examines the interpretive approaches of the four major Sunni schools (Ḥanafī, Mālikī, Shāfiʿī, Ḥanbalī) and the Imāmī (Shīʿī) school concerning the usage of particles in deriving rulings. Additionally, it presents practical legal examples from contemporary Arab legal codes that illustrate the functional role of particles in legal drafting.

The study concludes that particles constitute a critical element in legislative language, requiring a precise linguistic and jurisprudential understanding, and emphasizes the necessity of integrating linguistic precision with legislative intent to ensure the validity and fairness of legal texts.