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Analogical Reasoning In Islamic Jurisprudence
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Book Synopsis Analogical Reasoning in Islamic Jurisprudence by : Ahmad Hasan
Download or read book Analogical Reasoning in Islamic Jurisprudence written by Ahmad Hasan and published by . This book was released on 2023-08-19 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Principles of Islamic Jurisprudence by : Ahmad Hasan
Download or read book The Principles of Islamic Jurisprudence written by Ahmad Hasan and published by Adam Publishers. This book was released on 1994 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Inferences by Parallel Reasoning in Islamic Jurisprudence by : Shahid Rahman
Download or read book Inferences by Parallel Reasoning in Islamic Jurisprudence written by Shahid Rahman and published by Springer Nature. This book was released on 2020-01-13 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Analogical Reasoning in Islamic Jurisprudence by : Ahmad Hassan
Download or read book Analogical Reasoning in Islamic Jurisprudence written by Ahmad Hassan and published by Kazi Publications Incorporated. This book was released on 1992-07-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Analogical Reasoning In Islamic Jurisprudence by : Professor Ahmad Hasan Hasan
Download or read book Analogical Reasoning In Islamic Jurisprudence written by Professor Ahmad Hasan Hasan and published by Independently Published. This book was released on 2015-03 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. TABLE OF CONTENTS Introduction Chapter 1 - The Development of the Principle of Qiyas - an historical perspective Chapter 2 - A general survey of Qiyas Chapter 3 - Justification of Qiyas Chapter 4 - Subject matter of Qiyas Chapter 5 - The kinds of Qiyas Chapter 6 - Definition of Qiyas Chapter 7 - The Original Case Chapter 8 - The Parallel Case Chapter 9 - Rationality of legal injunctions Chapter 10 - Definition of legal cause Chapter 11 - The conditions of legal cause Chapter 12 - The kinds of legal cause Chapter 13 - The methods of determing the legal cause Chapter 14 - The modes of reasoning in legal cause Chapter 15 - The mediate cause and its kinds Chapter 16 - The condition and its kinds Chapter 17 - The sign and its kinds Chapter 18 - The impediments to the rule of law Chapter 19 - The Principle of Istihsan Chapter 20 - The Critique of Qiyas Conclusion
Book Synopsis Arsyad al-Banjari’s Insights on Parallel Reasoning and Dialectic in Law by : Muhammad Iqbal
Download or read book Arsyad al-Banjari’s Insights on Parallel Reasoning and Dialectic in Law written by Muhammad Iqbal and published by Springer Nature. This book was released on 2022-06-16 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari’s dialectical use and understanding of qiyās or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society.This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyās. The author develops a framework for qiyās which acts as the interface between jadal, dialogical logic, and Per Martin-Löf’s Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyās applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyās as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyās comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular.
Book Synopsis Analogical Reasoning (Qiyas) and the Commodification of Women by : Mohammad Omar Farooq
Download or read book Analogical Reasoning (Qiyas) and the Commodification of Women written by Mohammad Omar Farooq and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analogical reasoning (Qiyas) is one of the four sources of Islamic fiqh. It is recognized that the outcomes of Qiyas are generally speculative in nature. However, a vast portion of the corpus of Islamic law is derived based on Qiyas. One such area is marital relationship and mutual rights of the spouses. In several areas of marital relationship and mutual rights, the Islamic jurisprudents have applied concepts and tools that are related to commerce or business (tijarah). Such terminologies include bai' (exchange/buy/sale) and ijarah (lease). This paper examines such employment of business-related framework in the area of marital relationship and mutual rights. Based on both classical and post-classical legal sources, the author analyzes the legalistic tendency underlying the legacy of the traditional Islamic law, as exemplified in using business-related framework in an overreaching manner. Such tendency is akin to commodification of women, which is inconsistent with the values and spirit of Islam, as enshrined in the primary two sources, the Qur'an and Sunnah. A broad range of gender-related issues is related to such commodified view of woman. Also, this paper offers an explanation of how the traditional Islamic view on slavery might be closely connected to this commodified view. Furthermore, it sheds light on how such commodification can impact on family as a central social institution. The paper identifies some of the relevant areas, where the use of Qiyas has been overstretched in Islamic law and strong circumspection is called for in employing such business-related framework to marital/gender relationship.
Book Synopsis The Spirit of Islamic Law by : Bernard G. Weiss
Download or read book The Spirit of Islamic Law written by Bernard G. Weiss and published by University of Georgia Press. This book was released on 1998 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume outlines the prominent features of Muslim juristic thought: espousal of divine sovereignty; a fixation on divine texts; an uncompromisingly intentionalist approach to the interpretation of those texts; a frank acknowledgment of the fallibility of human endeavor to capture divine intent; a toleration of legal diversity; a moralistic bent grounded in a particular social vision; and finally, a preoccupation with the affairs of private individuals - especially family relations and contracts - coupled with a concern to define the limits of governmental power.
Book Synopsis Early Islamic Legal Theory by : Joseph Lowry
Download or read book Early Islamic Legal Theory written by Joseph Lowry and published by BRILL. This book was released on 2007-12-31 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Risāla of al-Shāfiʿī (d. 204/820), the earliest preserved work of Islamic legal theory, has been understood in previous scholarship as either the elaboration of a hierarchy of sources of law (Qurʾān, Sunna, consensus, and analogical reasoning) or an extended defense of the Sunna. Through a careful rereading of this celebrated text, this book offers a comprehensive reinterpretation of the Risāla, in which Shāfiʿī formulated an all-encompassing hermeneutic that portrays the law as a tightly interlocking structure organized around defined interactions of the Qurʾān and the Sunna. Topics covered include Shāfiʿī’s creative account of the law’s architectonics, hermeneutical techniques, legal epistemology, relationship to kalām, and the role of consensus (ijmāʿ).
Book Synopsis The Epistle on Legal Theory by : Muhammad ibn Idris al-Shafi'i
Download or read book The Epistle on Legal Theory written by Muhammad ibn Idris al-Shafi'i and published by NYU Press. This book was released on 2015-10-15 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Epistle on Legal Theory is the oldest surviving Arabic work on Islamic legal theory and the foundational document of Islamic jurisprudence. Its author, Muhammad ibn Idris al-Shafi'i (d. 204/820), was the eponym of the Shafi'i school of legal thought, one of the four rites in Sunni Islam. This fascinating work offers the first systematic treatment in Arabic of key issues in Islamic legal thought. These include a survey of the importance of Arabic as the language of revelation, principles of textual interpretation to be applied to the Qur'an and prophetic Traditions, techniques for harmonizing apparently contradictory precedents, legal epistemology, rules of inference, and discussions of when legal interpretation is required. The author illustrates his theoretical claims with numerous examples drawn from nearly all areas of Islamic law, including ritual law, commercial law, tort law, and criminal law. The text thus provides an important window into both Islamic law and legal thought in particular and early Islamic intellectual history in general . This new translation by a leading scholar of al-Shafi'i and his thought makes available in lucid, modern English one of the earliest complete works on Islamic law—one that is centrally important for the formation of Islamic legal thought and the Islamic legal tradition. An English-only edition.
Book Synopsis Law and Legal Theory in Classical and Medieval Islam by : Wael B. Hallaq
Download or read book Law and Legal Theory in Classical and Medieval Islam written by Wael B. Hallaq and published by Routledge. This book was released on 1994 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Foundation of Norms in Islamic Jurisprudence and Theology by : Omar Farahat
Download or read book The Foundation of Norms in Islamic Jurisprudence and Theology written by Omar Farahat and published by Cambridge University Press. This book was released on 2019-01-31 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Contemporary Bioethics by : Mohammed Ali Al-Bar
Download or read book Contemporary Bioethics written by Mohammed Ali Al-Bar and published by Springer. This book was released on 2015-05-27 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Analogical Reasoning in Law by : Maciej Koszowski
Download or read book Analogical Reasoning in Law written by Maciej Koszowski and published by Cambridge Scholars Publishing. This book was released on 2019-04-02 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work tackles the most intriguing type of reasoning which one may employ within the field of law. In addition to the merits and drawbacks of legal analogy, it discusses the orthodox approaches to it, together with their critical analysis, also posing challenges that these conceptions have difficulty in managing. As an alternative, the book advances an account of legal analogical reasoning that correlates well with the division into rational and intuitive thinking that occurs in contemporary psychology. By doing so, many of the unique properties of legal analogy which have been traditionally associated with it and which have often been difficult to explain become readily understandable. Moreover, the very source of the almost mystical faith in power and infallibleness of such analogy is revealed here, while this faith—astonishing or not—not only escapes condemnation, but is shown to be warranted from a scientific point of view. Finally, the book also presents vast scope of application, premises, schematic structures and factors able to influence the force of legal analogy.
Author :Mohammad Omar Farooq Publisher :International Institute of Islamic Thought (IIIT) ISBN 13 :1565646746 Total Pages :34 pages Book Rating :4.5/5 (656 download)
Book Synopsis Books-in-Brief: Toward Our Reformation by : Mohammad Omar Farooq
Download or read book Books-in-Brief: Toward Our Reformation written by Mohammad Omar Farooq and published by International Institute of Islamic Thought (IIIT). This book was released on 2015-01-01 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Arsyad Al-Banjari's Insights on Parallel Reasoning and Dialectic in Law by : Muhammad Iqbal
Download or read book Arsyad Al-Banjari's Insights on Parallel Reasoning and Dialectic in Law written by Muhammad Iqbal and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari's dialectical use and understanding of qiyās or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society. This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyās. The author develops a framework for qiyās which acts as the interface between jadal, dialogical logic, and Per Martin-Löf's Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyās applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyās as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyās comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular.
Book Synopsis Encyclopedia of Psychology and Religion: L-Z by : David Adams Leeming
Download or read book Encyclopedia of Psychology and Religion: L-Z written by David Adams Leeming and published by Springer Science & Business Media. This book was released on 2009-10-26 with total page 1023 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
