Analogical Reasoning in Islamic Jurisprudence

Analogical Reasoning in Islamic Jurisprudence
Author: Ahmad Hasan
Publisher:
Total Pages: 0
Release: 2023-08-19
Genre:
ISBN: 9789390804207

This study deals with the concept, rules and application of Qiyas as developed in the medieval period. The early chapters contain a general treatment of this principle. These are followed by chapters relating to definition of Qiyas, the original and the parallel case. The most difficult problem in Qiyas is the illah. We have extensively dealt with it dividing it into seven chapters. The Chapters relating to condition (shart), cause (sabab) and impediments (mawani') have also been included, as they are indirectly connected with the 'illah. As istihsan is a latent analogy (qiyas khafi), we have dealt with this problem in a separate chapter. Qiyas has remained all along a controversial subject. We have therefore analysed the points of view of its exponents and adversaries, and discussed their arguments in greater detail.

Inferences by Parallel Reasoning in Islamic Jurisprudence

Inferences by Parallel Reasoning in Islamic Jurisprudence
Author: Shahid Rahman
Publisher: Springer Nature
Total Pages: 285
Release: 2020-01-13
Genre: Philosophy
ISBN: 3030223825

This monograph proposes a new (dialogical) way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general (including legal reasoning in Common and Civil Law) but also furnishes a fine-grained pattern for parallel reasoning which can be deployed in a wide range of problem-solving contexts and does not seem to reduce to the standard forms of analogical reasoning studied in contemporary philosophy of science and argumentation theory. After an overview of the emergence of qiyās and of the work of al-Shīrāzī penned by Soufi Youcef, the authors discuss al-Shīrāzī’s classification of correlational inferences of the occasioning factor (qiyās al-'illa). The second part of the volume deliberates on the system of correlational inferences by indication and resemblance (qiyās al-dalāla, qiyās al-shabah). The third part develops the main theoretical background of the authors’ work, namely, the dialogical approach to Martin-Löf's Constructive Type Theory. The authors present this in a general form and independently of adaptations deployed in parts I and II. Part III also includes an appendix on the relevant notions of Constructive Type Theory, which has been extracted from an overview written by Ansten Klev. The book concludes with some brief remarks on contemporary approaches to analogy in Common and Civil Law and also to parallel reasoning in general.

The Foundation of Norms in Islamic Jurisprudence and Theology

The Foundation of Norms in Islamic Jurisprudence and Theology
Author: Omar Farahat
Publisher: Cambridge University Press
Total Pages: 259
Release: 2019-01-31
Genre: History
ISBN: 1108476767

This book offers a new way of understanding classical Islamic theories, holding that divine revelation is necessary for the knowledge of norms and its reading of the issue of reason breaks new ground in Islamic theology, law and ethics. It will appeal to students and scholars of Islamic studies, Islamic ethics, law and post-colonial theory.

Law and Legal Theory in Classical and Medieval Islam

Law and Legal Theory in Classical and Medieval Islam
Author: Wael B. Hallaq
Publisher: Routledge
Total Pages: 356
Release: 1994
Genre: History
ISBN:

This work deals with the law and legal theory in classical and medieval Islam. Among the topics covered are: non-analogical arguments in Sunni juridical Qiyas; logic and formal arguments in Sunni jurisprudence; inductive corroboration; and al-Shafi'i and his influence on Islamic jurisprudence.

Equity and Fairness in Islam

Equity and Fairness in Islam
Author: Mohammad Hashim Kamali
Publisher:
Total Pages: 141
Release: 2005
Genre: Law
ISBN: 9781903682418

This is the first work in the English language to deal specifically with the subjects of equity and fairness in Islamic law. Prof M H Kamali takes these concepts back to their origin in the Qur'an, the sayings of the Prophet Muhammad and the era of the Companions of the Prophet in the first two centuries of Islam. This is followed by discussions of equity as a basis for the formulation of Islamic law and a comparison between it and other concepts essential for law making such as general consensus, analogical reasoning and considerations of public interest. Part Two of Equity and Fairness in Islam is an attempt to apply the concepts of equity and fairness to certain issues of contemporary concern and especially to commercial transactions. The issues raised here are related to Islamic banking, sale transactions, charitable endowments, pensions funds and other long-term saving accounts. Equity and Fairness in Islam can be read in conjunction with M H Kamali's titles especially Islamic Commercial Law.

Early Islamic Legal Theory

Early Islamic Legal Theory
Author: Joseph Edmund Lowry
Publisher: BRILL
Total Pages: 460
Release: 2007
Genre: Religion
ISBN: 9004163603

This book offers a comprehensive reinterpretation of Sh?fi 's "Ris?la" and shows how Sh?fi sought to formulate an all-embracing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qur n and the Sunna.

Contemporary Bioethics

Contemporary Bioethics
Author: Mohammed Ali Al-Bar
Publisher: Springer
Total Pages: 273
Release: 2015-05-27
Genre: Medical
ISBN: 3319184288

This book discusses the common principles of morality and ethics derived from divinely endowed intuitive reason through the creation of al-fitr' a (nature) and human intellect (al-‘aql). Biomedical topics are presented and ethical issues related to topics such as genetic testing, assisted reproduction and organ transplantation are discussed. Whereas these natural sources are God’s special gifts to human beings, God’s revelation as given to the prophets is the supernatural source of divine guidance through which human communities have been guided at all times through history. The second part of the book concentrates on the objectives of Islamic religious practice – the maqa' sid – which include: Preservation of Faith, Preservation of Life, Preservation of Mind (intellect and reason), Preservation of Progeny (al-nasl) and Preservation of Property. Lastly, the third part of the book discusses selected topical issues, including abortion, assisted reproduction devices, genetics, organ transplantation, brain death and end-of-life aspects. For each topic, the current medical evidence is followed by a detailed discussion of the ethical issues involved.

Encyclopedia of Psychology and Religion: L-Z

Encyclopedia of Psychology and Religion: L-Z
Author: David Adams Leeming
Publisher: Springer Science & Business Media
Total Pages: 1023
Release: 2009-10-26
Genre: Philosophy
ISBN: 038771801X

Integrating psychology and religion, this unique encyclopedia offers a rich contribution to the development of human self-understanding. It provides an intellectually rigorous collection of psychological interpretations of the stories, rituals, motifs, symbols, doctrines, dogmas, and experiences of the world’s religious traditions. Easy-to-read, the encyclopedia draws from forty different religions, including modern world religions and older religious movements. It is of particular interest to researchers and professionals in psychology and religion.

Books-in-Brief: Toward Our Reformation

Books-in-Brief: Toward Our Reformation
Author: Mohammad Omar Farooq
Publisher: International Institute of Islamic Thought (IIIT)
Total Pages: 34
Release: 2015-01-01
Genre: Religion
ISBN: 1565646746

It is the author’s contention that at the heart of the Muslim predicament lies ignorance and/or lack of commitment to core Islamic values, thus what is advocated throughout this work is a return to what is termed a “value-oriented” approach. We further learn that with the passage of time what we today consider to be the Shariah is in effect an original hub enveloped in a labyrinthine shroud of scholastic views and deductions hindering Muslim development, and to rely on fraudulent hadith and fallacious implementation of hudud law is not only to betray the spirit of the Qur’an and the Prophet’s message, but a disastrous exercise. Consequences being blatant abuse of the Muslim populace under cover of implementing a bogus Shariah. This abuse and misapplication is explored throughout the work.