Criteria for Distinguishing between “Etlag-e-Maghami and Kalami” in Interpreting the Will of the Legislator

Abstract

“Etlag-e-Maghami and Kalami” are two principles of interpretive principles of the legislator's will in the realm of unrestricted words meaning on absoluteness and restriction. Although both of these principles are used in the absoluteness and restriction of the legislator when in doubt, but there is a serious difference between these two principles in proving the absoluteness and restriction. It is sometimes observed that in reliance on the “Etlag-e-Maghami and Kalami” to interpret the will of the legislator and the lawgiver in the realm of absoluteness and restriction is confused or neglected. This issue has raised the main question of the research: "What are the criteria for separating the “Etlag-e-Maghami and Kalami” in the interpretation of the will of the legislator?" The necessity of the research, in addition to the applicability of the present research, is that no one has addressed this issue so far. The present article intends to do this with the analytical and citation method of the library and presents 19 criteria of separation for relying on the “Etlag-e-Maghami and Kalami” in the interpretation of the legislator's will.

Keywords

• “etlag-e-maghami
• etlag-e-kalami ”
• absolute
• restriction