Clear Term; a Comparative Study between the Linguists and the Legal Texts

Abstract

Studying terms is important research not only in linguistic studies, but also in the studies that care for texts legislating; because it has broad implications that make the linguistic text and the legislative one coherent, without any ambiguity in understanding its meaning. Therefore, the interest of linguists and legislators was limited to how to choose the appropriate term and put it in the right place so as to have obvious linguistic sentence and legislative text, away from the distortion and complexity that make them far from the purpose for which they were set. This is why we began our research with a brief historical summary which shows the linguists and legislators stance towards the importance of ' clear term' and determining its meaning. Then we developed practical examples of linguistic texts, such as the verses of the Qur'an. As for the legal texts, we have cited the Iraqi Penal Code and The Iraqi Civil Code. But we did not elaborate those texts to avoid prolongation.' We have also indicated that linguists have not only named the clear term or clear meaning, but rather divided it into three sections. As for the origins scholars; they divided the clear term, according to the order of its clarity. The conclusion the most prominent results of the study. It should be noted that we found extensive linguistic research among legislators, but this research was not developed with separate books for easy reference, but we found it sporadic in the books. Therefore, we find it necessary to search and get benefit from it in order to reach the desired result of the language, which is the ease of understanding and communication and the desired benefit from the legal text, which is the arrival of its meaning to the recipient easily. We have referred to the books of linguists and legislators to get benefit from their studies in this field.