ʿIlla and Qiyās in early islamic legal theory
One important task among several that occupied Ḥanafī and Shāfiʿī legal theorists was the establishment of analogy as a method for extending the law beyond that which is stated in the authoritative legal sources, an aim that seems to clash with the literalism of the Ẓāhirī school. Examination of the...
| Main Author: | |
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| Format: | Electronic Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
American Oriental Society
[Jan. - Mar., 1982]
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| In: |
Journal of the American Oriental Society
Year: 1982, Volume: 102, Issue: 1, Pages: 27-46 |
| Standardized Subjects / Keyword chains: | B
Fikh
/ Kalām
/ Islam
/ Koran
/ Islamic law
/ Judgment
/ Rationality
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| RelBib Classification: | TG High Middle Ages |
| Online Access: |
Volltext (Verlag) Volltext (Verlag) |
| Summary: | One important task among several that occupied Ḥanafī and Shāfiʿī legal theorists was the establishment of analogy as a method for extending the law beyond that which is stated in the authoritative legal sources, an aim that seems to clash with the literalism of the Ẓāhirī school. Examination of the reports that practice obliged the founder of the Ẓāhirī school to use analogy shows only his advocacy of the concept of an indicant that has one meaning. This concept differs from the kinds of analogy known in legal theory: (a) analogy by ʿilla and (b) analogy by similarity. Evidence is supplied concerning a group of Ẓāhirīs who advanced a peculiar type of (b) later in time. Written after A. D. 952, al-Jaṣṣāṣ's Uṣūl al-Fiqh is one of the earliest works providing a detailed picture of both methods as conceived since earlier times. Its Ḥanafī and Muʿtazilite author accepts only (a), which he presents as implying an inferential process around which a methodology is built. He contrasts it with what he regards as the methodology and inferential process practiced in kalām. The recommended methodologies for fiqh and kalām are interpreted as fitting a certain Islam-oriented political theory. Also attempted is a clarification of a division of the sciences advanced by al-Ghazālī. |
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| ISSN: | 2169-2289 |
| Contains: | Enthalten in: American Oriental Society, Journal of the American Oriental Society
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| Persistent identifiers: | DOI: 10.2307/601109 |