The Pragmatic Approach Among Usul Scholars ( A Study in Speech Acts )

Abstract

This study aims to explore the manifestations of the pragmatic approach in Islamic legal theory (Usul al-Fiqh) and to examine how Usul scholars addressed speech acts in light of speakers’ intentions and contexts of use. It also seeks to highlight the points of convergence between their linguistic conceptions and the principles of modern pragmatic theory. Furthermore, the study identifies the most prominent speech acts discussed by Usul scholars within the topics of declarative and performative discourse, analyzes their communicative and illocutionary functions, and clarifies the role of linguistic communication elements in directing meaning and determining the intended significance of legal discourse. The study employed the descriptive-analytical method by tracing concepts related to Speech Act Theory in modern linguistic studies and analyzing Usul texts dealing with declarative and performative expressions and the various speech acts derived from them. It relied on original Usul and linguistic sources, as well as relevant contemporary studies. In addition, textual evidence and examples were analyzed to uncover the pragmatic dimensions associated with intention, context, and the effect of discourse on the recipient. The study concluded that Usul scholars provided an early treatment of many issues that constitute the foundation of contemporary pragmatics through their focus on speakers’ intentions, discourse contexts, and the relationship between speaker and addressee. It also revealed that they examined a wide range of speech acts, including commands, prohibitions, permissibility, choice, permission, interrogation, exclamation, and contractual expressions, linking their meanings to their communicative and illocutionary functions. The findings further demonstrated a clear convergence between Usul thought and modern Speech Act Theory, particularly regarding the illocutionary force of discourse and the role of intention and context in meaning production. This confirms the value of the Usul heritage and its significance in enriching contemporary pragmatic and linguistic studies.