English abstract
The study examines the discourse strategies used by the Prophet’s
Hadith in dealing with a dispute and deciding on it, while considering the
different circumstances of the disputants and the nature of the disputed
issue. We seek to answer a major complication related to the nature of the
strategies used in the context of the judiciary, taking into account the
necessity imposed by this context to regulate the principle of deliberation, the
different point of views occurred in the confrontation between opponents, and
the guarantee of fair litigation that this confrontation entails. The problematic
question can be formulated as follows: What is the impact of the judicial
context on the use of discourse strategies in the Prophet’s hadith to resolve
conflicts?
The research aims to know the characteristics of the legal language
and use it in analyzing the prophetic speech. It also describes the language
of Islamic judiciary and analyze it by explaining the types of strategies of the
Prophet’s speech in the context of litigation. In addition, it studies the tools of
prophetic speech strategies used in the judicial context and its role in
clarifying rulings.
The study is based on the methodological tools provided by the
pragmatic approach of discourse analysis that takes into consideration the
circumstances of discourse production and the context of its circulation. The
construction of the used strategies is built upon general determinants of the
following criteria: the form of the discourse, the relationship between the
addressees, and the goal of the discourse.
Accordingly, the study consists of five main chapters in addition to the
introduction and conclusion. In the first chapter (Strategies of Discourse and
the Language of the Prophet’s Judgment), we discuss the concept of discourse
analysis and its determinants, the strategies of discourse, the concept of the
language of the judiciary and the description of the general features of the
Prophet’s Judgments. We have devoted the rest of the chapters to studying
the four main strategies. In the second chapter, we describe the concept of the
Directive strategy and explore its most important related concepts such as the
concept of authority with practical models from the linguistic code according to
the tools used. As for the third chapter, we explained the concept of Persuasion
strategy and its relationship to arguments and its forms with the most
prominent applied models. We devoted the fourth chapter to the Indirect
strategy in terms of describing its concept and analyzing applied models of the
prophetic judicial discourse. In the final chapter, we discussed the Solidarity
strategy in terms of the concept and the moral dimension of the discourse with
an analysis of its tools within the linguistic code’s models.
