Teleological interpretation of civil texts

Abdul, Barq Hamza

doi:10.37651/aujlps.2025.156897.1453

	Teleological interpretation of civil texts
Journal of Anbar University for Law and Political Sciences
Article 26, Volume 15, Issue: 1 part 2, June 2025, Pages 706-729 PDF (622.58 K)
Document Type: Research Paper
DOI: 10.37651/aujlps.2025.156897.1453
Author
Barq Hamza Abdul^*
College of Law - University of Kufa
Abstract
interpretation accompanies the application of the law, and therefore it is not limited to the presence of ambiguity, vagueness or contradiction in the texts, but rather goes beyond that and is done through searching for the latent purposes behind the legal texts, i.e. revealing the latent interest behind the legal text, and therefore interpretation is an essential element in the application of the law, so in order for the scope of application of the legal text to expand and have continuity in application, it must have the ability to include facts that the legislator did not directly stipulate because they appeared as a result of the development of aspects of life, and this is not achieved through the literal application of the text, as the meaning of civil texts on rulings does not follow a single pattern, as they are either definitive in meaning and here they are applied literally, or the text may have more than one meaning and here the judge must interpret the text away from the traditional interpretation, but the judge must search for the latent purposes behind the words of the texts, but the judge is not satisfied with the limits of searching for what is behind the text, but he must be aware of the ultimate or ideal purpose on which the civil texts are based in their entirety, in order to enable the judge to reach legal solutions governing any emerging issues Not explicitly stated, it necessarily requires moving from rigid interpretation,
Keywords
Interpretation; purpose; civil text

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