Category
page 1Legal interpretation

ijtihad
Ijtihad ( ; '''' , ) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with taqlid (imitation, conformity to legal precedent). According to classical Sunni theory, ijtihad requires expertise in the Arabic language, theology, revealed texts, and principles of jurisprudence (usul al-fiqh), and is not employed where authentic and authoritative texts (Qur'an and hadith) are considered unambiguous with regard to the question, or where there is an e
statutory interpretation
judicial interpretation of statutory law
obiter dictum
Latin legal term describing a legal opinion issued in passing
judicial interpretation
ways courts interpret laws, especially Constitutional laws
analogy
method in law which is used to resolve issues on which there is no previous authority
legal syllogism
form of argument to test if an act is lawful
brocard
legal principle expressed in Latin
contra proferentem
doctrine of contractual interpretation providing that, where a promise, agreement or term is ambiguous, the preferred meaning should be the one that works against the interests of the party who provided the wording
legal maxim
established principle of law
Justice delayed is justice denied
legal maxim