Analogical reasoning in islamic jurisprudence pdf

To understand this point of view, we need to understand the basic framework for such jurisprudence. Here, conclusions are drawn from analogical reasoning. Here the ruling of the sunnah and the quran may be used as a means to solve or provide a response to a new problem that. Acceptance of analogical reason gradually increased within the muslim world. The characterisation of religious systems of law as analogical, as opposed to analytical western systems suggested by schacht in relation to islamic law requires refinement. Role of analogical reasoning in islamic jurisprudence. The extant literature concerning the law of islamic finance lif is dominated by illustrations of islamic financial contracts and critiques of the way in which the sharia has been circumvented. That is an overstatement, insofar as risk and its transfer by mutual consent are. Pdf qiyas analogical reasoning and commodification of. Request pdf on jan 1, 2000, mohammad fadel and others published analogical reasoning in islamic jurisprudence.

New, analogical reasoning in islamic jurisprudence. The four main sources of islamic law religion essay. Early support for the validity of analogical reason in jurisprudence came from abu hanifa and his student abu yusuf. As a result of this method, the ruling of the sunnah and the quran may. The sharia islamic law has formal rules about risk. Technically it refers to the body of islamic law extracted from detailed islamic sources which are studied in the principles of islamic jurisprudence and the process of gaining knowledge of islam through jurisprudence. Analogical reasoning stanford encyclopedia of analogical reasoning, psychology northwestern universitywhat is reasoning.

Adam publishers, india about the book qiyas analogy is one of the four sources of islamic law. Bhala, in handbook of key global financial markets, institutions, and infrastructure, 20. The earlier scholars mentioned their positions and refuted them. Principles of islamic contract law journal of law and. However, a vast portion of the corpus of islamic law is derived based on qiyas. Shariah law governs many aspects of daytoday lifepolitics, economics, banking, business, contracts, social issues, etc. According to the authors view, qiyas 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. Analogical reasoning in islamic jurisprudence a study of the juridical principle of qiyas by prof. Analogical or enthymematic direct deduction is called qiyas. A study of the juridical principle of qiyas publication ahmad hasan on.

The historical section on islamic law in this article focuses on arabia and other parts of the near east, but islamic law spread internationally by the beginning of the modern era. The islamic schools of thoughts were developed as a natural evolution during islamic history. One of the epistemological results emerging from this initial study is that the different forms of corelational inference, known in the islamic jurisprudence as qiyas, represent an innovative and sophisticated form of reasoning that not only provides new epistemological insights into legal reasoning in general but also furnishes a finegrained pattern for parallel reasoning which can be. Jul 25, 2017 analogical reasoning stanford encyclopedia of analogical reasoning, psychology northwestern universitywhat is reasoning. The word fiqh is an arabic term meaning deep understanding. The knowledgeable people who provide solutions in this context are as follows. It is perhaps true to say that islamic jurisprudence exhibits greater stability and continuity of values, thought and institutions when compared to mutazilah.

A common illa should connect together two elements of analogy, namely the object of the analogy and its subject, in order to produce the analogical reasoning. Another important thing is to quest the limits of law that is to measure. Much less emphasis has been placed on understanding the regulatory and financial environment in which the lif is formed and practiced. His final prophet and messenger usul al fiqh al islami source methodology in islamic jurisprudence. There were many customs during the preislamic period. First and foremost, the basic text providing guidance on all islamic matters is the quran the revealed word of god. In that context, qiyyas reasoning by analogy is one of the four sources of the islamic fiqh jurisprudence. Qiyas is the extension of islamic law on the basis of a likeness in two situations. Alshafii was a proponent of analogical reasoning as well, though his usage was less frequent than that of abu hanifa. It is recognised that the outcomes of qiyas are generally speculative in nature. At the core of this tension is the corpus of islamic law fiqh, which even many conscientious muslims admit that bulk of the corpus has become asynchronous with the spirit and vision of. Qiyas analogical reasoning definition essential elements of qiyas and their conditions types of qiyas justification of qiyas as a secondary source of islamic law. Qiyas analogy is one of the four sources of islamic law. Methodology for research and knowledge taha jabir al alwani english edition by yusuf talal delorenzo a.

Qiyas analogical reasoning islamic bankers resource centre. Analogical reasoning in islamic jurisprudence by ahmad hasan. Ijtihad network is a website for islamic jurisprudence, dealing with organizing and conducting educational, research, and social information of jurisprudence and ijtihad legal reasoning, particularly in islamic seminaries. Describe the terms of qiyas in sunni islamic jurisprudence, the qiyas arabic. One of the methodologies for the decision of cases under islamic law that alshafii. Methodology for research and knowledge taha jabir al alwani english edition by yusuf talal. In order to apply qiyas to similar cases, the reason or cause of the islamic rule must be clear. Definition and meaning what with pictures wisegeek. Inferences by parallel reasoning in islamic jurisprudence. One of the epistemological results emerging from this initial study is that the different forms of corelational inference, known in the islamic jurisprudence as qiyas, represent an innovative and sophisticated form of reasoning that not only provides new epistemological insights into legal reasoning in general but also furnishes a finegrained pattern for parallel reasoning which can. Full text of islamic jurisprudence internet archive. Analogical reasoning qiyas and the commodification of women. It is recognized that the outcomes of qiyas are generally speculative in nature.

No muslim can adopt a point of view contrary to that of the quran. When judges were sent by the federal government to the newly acquired territories, they faced a totally new environment and new issues to deal with in these territories. Islamic law introduction islamic law is known as shariah law, which is derived from the quran and hadith and applied to the public and private lives of muslims within islamic states. Analogical reasoning qiyas and the commodification of. Qiyas analogical reasoning and some problematic issues. It will not be out of place to note here that the methods of analogical developed within the framework of islamic jurisprudence constituted the methodological startingpoint for the establishment and. His most important scholarly work, alrisalah the epistle, clearly demonstrates his cognitive creativity in this field. The early development of islamic jurisprudence by ahmad hassan. It is a process of systematic reasoning to discover the legal rule. Analogy has been shown to play a major role in legal reasoning in common law systems. Principles of mohammaden jurisprudence by abdul rahim.

Alshafiis position on analogical reasoning in islamic. This monograph proposes a new dialogical way of studying the different forms of correlational inference, known in the islamic jurisprudence as qiyas. The foundation of norms in islamic jurisprudence and. Fiqh not only benefited islamic civilization but contributed to the intellectual enrichment of world civilization as a whole. Apart from the fact that the existing works on islamic jurisprudence in the english language do not offer an exclusive treatment of usul alfiqh, there is also a need to pay greater attention to the source materials, namely the quran and sunnah, in the study of this science. Oct 10, 2010 analogical reasoning qiyas is one of the four sources of islamic fiqh. There were many customs during the pre islamic period. As a result of this method, the ruling of the sunnah and the quran. However, the authoritativeness attributed toward the method, which is essentially human reasoning, and thus speculative and fallible, and toward the outcomes of qiyas has to be brought to a realistic, defensible level. The cases for which there was a consensus account for less than 1 percent of the body of classical jurisprudence. Reasons explained by imam reza as who is the law maker balagh. Analogical reasoning qiyas is one of the four sources of islamic fiqh. May 27, 2008 even though the hadith scholars have done a most appreciable work in coming up with collections of hadiths and their authentication, hadith in itself it is not divine and infallible.

Even though the hadith scholars have done a most appreciable work in coming up with collections of hadiths and their authentication, hadith in itself it is not divine and infallible. The scriptural sources of traditional sunni jurisprudence are the quran, believed by muslims to be the direct and unaltered word of god, and the sunnah, consisting of words and actions attributed to the islamic prophet muhammad in the hadith literature. Hence, analogical reasoning was regarded as an important method in islamic jurisprudence as it is used for the assignment of the. Qiyas analogical reasoning and some problematic issues in. Islamic law the majority of muslim jurists are of the view that qiyas is a source of islamic law. The original case is regulated by a given text, and qiyas seeks to extend the same textual ruling to the new case. A semiotic perspective on the comparison of analogical. He is a person of principles of islamic jurisprudence. Al shaikhali the international institute of islamic thought. Principles of islamic jurisprudence kamali 3 preface i. For example, because the quran clearly explains the reason that consumption of alcohol is prohibited because it makes the user lose control of his actions, an analogy.

In arabic, gharar is the loosely equivalent term to the english concepts of risk or uncertainty. Analogical reasoning of islamic jurisprudence prof. One such area is marital relationship and mutual rights of the spouses. Jan 16, 2012 qiyas or analogical reasoning will remain a valuable part of the islamic methodology of jurisprudence. Muslims are obliged to follow the legal ruling which is validly derived from qiyas. What is meant is that sometimes we discover a law of the shariea by proof of reason. Various sources of sharia are used by islamic jurisprudence to elaborate the body of islamic law.

Reconstruction of legal thought in islam by syedriazulhassan gillani. Qiyas analogical reasoning everywher e in the muslim world, there is an ongoing tension between the forces of rigid conservatism and of modernity and reform. However, his ideas were further developed by others. Principles of islamic jurisprudence, also known as u. The other two sources of islamic laws are ijma consensus and qiyas analogical reasoning. May 30, 2012 in sunni islamic jurisprudence, the qiyas arabic.

It is dependent entirely on an authority, which may be the quran, sunnah or ijma. Interpretation of a rule that exists in a law is a very important process for understanding and applying the will of legislator. Islamic jurisprudence and environmental planning othman abd arrahman llewellyn introduction throughout the history of islamic civilization, muslim jurists have derived from the quran and the practice of the prophet muhammad, on whom be blessings and peace, laws applicable to all aspects of the islamic society, including environmental planning. Ahamd hasan hb, 486pp, adam publishers, a study of the juridical principle of qiyas. Analogical reasoning qiyas is one of the four sources of islamic jurisprudence. Opinions of judges and scholars were called fatawas. According to the authors view, qiyas 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. Qiyas or analogical reasoning will remain a valuable part of the islamic methodology of jurisprudence.

Qiyas analogical reasoning and aql reason analogical reasoning is used to derive a ruling for a situation not addressed in the scripture by analogy with a scripturally based rule. In my research, i intend focusing on the development of islamic jurisprudence fiqh from the prophets time, the period thereafter and the subsequent formation. Qiyas is the extension of islamic law on the basis of a. Alshafiis position on analogical reasoning in islamic criminal law. Qiyas, arabic qiyas, in islamic law, analogical reasoning as applied to the deduction of juridical principles from the qur.