Methods and Conditions for the Interpretation of Criminal Law, Public Law and Islamic Jurisprudence

The process of interpretation is very important when using any legal text, because the link between the use and interpretation of legal texts; The process is indistinguishable, because before the rule of law can be imposed on an event, it is necessary to know the content of this sentence only through the process of interpretation. The purpose of interpretive science is to search for the criteria governing the interpretive process in general. In fact, we find that the scholars of Islamic law have established the science of jurisprudence to control the interpretive rules in Islamic law. This was influenced by legal scholars who laid down the rules for the interpretation of legal texts, as many of them were derived from the rules laid down by the scholars of Islamic law. This research mainly seeks to establish general rules in explaining the interpretation of legal texts so that they can be guided if they request a interpretation of legal texts to the interpretation judge. This is done by answering the following questions: What are the ways and conditions of interpretation in criminal law, public law and Islamic jurisprudence? What are the positions, types and conditions of coercion in criminal law, international law and Islamic law? What are the methods of interpretation in criminal law, public law and Islamic jurisprudence? To answer these questions, we divided the research into three chapters with an introductory chapter to state the necessity and objectives of the research. In the first chapter, we dealt with the concepts and generalities, including the meanings of interpretation in terms of verbal and idiomatic, and a brief explanation of criminal law, international law and Islamic jurisprudence. In the second chapter, we explain the situations, types and conditions of interpretation in criminal law, international law and Islamic law, including those that need to be interpreted, such as the ambiguity of the law. Interpretation, if there is a legal basis and its absence, the ambiguity of the text and its most important reasons are the hidden text and the problem and the concise text, as well as the silence of the law and the conflict of laws. In this chapter, we also dealt with the types of interpretation according to the reference of legislative, judicial and jurisprudential interpretation, including their advantages and disadvantages, and mentioned the conditions of interpretation. In the third chapter, we dealt with interpretive methods in criminal law, public law and Islamic jurisprudence. Some of the basic and specific rules of interpretation in criminal law are narrow and extensive interpretation and interpretation in favor of the accused. General and specific in Islamic jurisprudence, absolute and limited and their differences, abrogated and obsolete, and at the end, some legal concepts such as agreement, disagreement, description, condition, concept of exception, concept of number, rational requirements and rational independence were discussed.