Indications: its concept, types, the differences between them and the other concepts similar to them

Abstract

The study aimed at identifying Indications in terms of its concept and types, as well as clarifying the various differences between the indications as a concept and the other similar concepts. The researcher depended on the inductive and analytical approaches used in the administrative judiciary, in order to achieve the objectives of the study, The study found a set of results, and the most significant of which is that the terminological concept of the indication was shared between Arabic scholars, jurists and fundamentalists, and each team had its contributions in defining the idiomatic meaning of the indication. One of their most accurate jurisprudential definitions of the indication was: “The sign that stipulated by the legislator or deduced by the imams of the Shari’a, or that deduced by the judges from a phenomenon and its circumstances and surrounding conditions.”. Moreover, the indication differs from the physiognomy. The indication depends on tangible signs such as the evidence of pregnancy with a woman, while the physiognomy depends on arguments and hidden unseen matters that only an expert of physiognomy perceives. Indication can also be proven, as if two persons testified that a woman is pregnant, while the physiognomy cannot be proven by testimony.