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Judicial System

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<strong>Judicial</strong> <strong>System</strong> in Saudi Arabia<br />

necessity and in the latter means proscription.<br />

• The interpreted: this is the case where a word/ term<br />

is likely to bear two meanings/ connotations: one is a<br />

likely/ possible meaning and the other is very likely, and<br />

here the very likely/ possible is applicable.<br />

• Inclusive Meaning: this signifies two meanings without<br />

one being the very likely meaning. The reason for an<br />

inclusive meaning is, for example, sharing the same<br />

word/ term [i.e. the way of writing or spelling] or being<br />

a famous metaphor such using marriage for marriage<br />

contract instead of copulation.<br />

1) Significance of the Concept: this include the following:<br />

• Significance of the Need: this means a word/ term<br />

signifies a silent meaning to be judged/ inferred because<br />

of the genuineness of the speech or being valid from a<br />

Sharia or logic perspectives, for example the saying of<br />

the Prophet Mohammed (Allah’s blessings and prayers<br />

be upon him), “no testament for an inheritor” (1) with<br />

the meaning that (no valid or enforceable testament<br />

for an inheritor). As well the verse, “[Observing Saum<br />

(fasts)] for a fixed number of days, but if any of you is<br />

ill or on a journey, the same number (should be made<br />

up) from other days” (Surah Al-Baqarah, verse (184))<br />

meaning whoever is ill or on a journey may not fast and<br />

as compensation should fast in other days of his choice.<br />

(1) Abu Abdulla Mohammed bin Yazeed Al Qizweeni, Sunan Ibn Magah,<br />

inquired by Mohammed Fouad Abdel Baqi, Dar Ihya Al Kutob Al Arabia, 2 /905<br />

64

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