Cognitive Approaches in the Maliki Definition of Juridical Realities: The Linguistic, Terminological, and Logical Approach as a Model

Abstract

Juridical terms are among the essential foundations for understanding Islamic legal texts and deriving rulings. Knowing their precise meanings is necessary to avoid ambiguity and confusion in understanding legal texts and applying rulings. Maliki scholars gave special attention to defining juridical terminology, aiming for clarity of meaning and precision of use while considering linguistic, logical, and technical perspectives.
This study argues that Maliki scholars used multiple cognitive approaches in defining juridical terms: a linguistic approach concerned with lexical meanings and derivations, a terminological approach focused on each term’s specific legal usage, and a logical approach that organizes the relationship between the term and its juridical content within argumentative reasoning.