Sunday, July 16, 2023

Some Stipulations of Al-Qiyas (Analogical Reasoning) According to the Principles of Islamic Jurisprudence

Stipulations of Qiyas according to Al-Waraqat

Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat by Imam Al-Juwayni [Part 26]

The effective cause is an appropriate attribute for both the original case and the new case. For example, intoxication is an appropriate attribute for prohibiting wine by analogy with alcoholic liquor. 

The original case is established by the evidence on which both the disputants agree. In other words, the original case is established by evidence from the Quran, the Sunnah, or scholarly consensus. 

Whenever the effective cause is present, the rule exists. For example, whenever intoxication is present, the rule, namely, prohibition, exists. The effective cause must not cease to exist in a literal or connotation sense, i.e. non-existence of the effective cause in a literal sense: the presence of the effective cause without the rule. Non-existence of the effective cause in a connotation sense: the presence of the appropriate attribute without the existence of the rule.

The rule must follow the effective cause in case of existence and non-existence, namely, if the effective cause exists, the rule exists; and if the effective cause does not exist, the rule does not exist. For example, whenever intoxication exists, the rule of probation exists; and whenever intoxication does not exist, the rule of prohibition does not exist.

The effective cause is the cause that brings about the rule.

The rule is the result that is brought about by the effective cause.

A Critical Edition, English Translation, and New Commentary on
Imām al‑Ḥaramayn al-Juwaynī’s (Kitāb al‑Waraqāt fī uṣūl al‑fiqh)
Types of Al-Qiyas in Islamic Jurisprudence
Transmitted Reports ‘Al-Akhbar’
al-Juwayni, Abu'l Ma'ali (1028-85)

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