CRITICISMS OF ANALOGY IN SCIENTIFIC RESPONSES AMONG ALMALIKIS (AN ANALYTICAL AND CRITICAL STUDY)

The objections and criticisms of analogy (qiyas) are among the most prominent tools employed by the Muslim intellectual tradition, both in legal theory (usul al-fiqh) and jurisprudence (fiqh), to address issues requiring independent reasoning (ijtihad) and to construct the cohesive framework of legal schools.Indeed, the inferential mechanism is fundamentally built upon the connection established by usul al-fiqh, particularly analogy, between evidence and its indications, making it a standard by which arguments, opinions, and counterarguments are measured.Accordingly, one of the key objectives of this research is to combine theoretical grounding with practical application, while clarifying these objections and making them more accessible to students from both theoretical and applied jurisprudential perspectives, particularly within the Maliki school.The study also aims to present new and diverse examples beyond those traditionally cited in the classical works of usul al-fiqh and dialectics (jadal).Among the challenges addressed in this study is the clear divergence among scholars of usul al-fiqh regarding the number and types of objections, as well as whether they belong to the domain of dialectics or legal theory.The research employs a methodology that integrates induction, analysis, description, and inference, while tracing the views of Maliki scholars in both legal theory and jurisprudence.The study concludes with several findings, the most significant of which is the value of understanding the objections to analogy and their methodological impact in usul al-fiqh.These objections serve as indicators of the validity or invalidity of a legal ruling, as well as benchmarks for assessing the soundness of opinions and responding to criticisms.They also provide a strong basis for preference among different legal schools and sometimes even within a single school of thought.The study further establishes that these objections have a tangible impact on the comprehensive methodological vision of the jurist, enhancing the jurisprudential inferential aptitude of students.

Publication Details

Journal
RIMAK International Journal of Humanities and Social Sciences
Published
2025-03-01
DOI
https://doi.org/10.47832/2717-8293.34.39
Primary Topic
Linguistics and Cultural Studies
Type
article
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article

CRITICISMS OF ANALOGY IN SCIENTIFIC RESPONSES AMONG ALMALIKIS (AN ANALYTICAL AND CRITICAL STUDY)

RIMAK International Journal of Humanities and Social Sciences
Linguistics and Cultural Studies
article

CRITICISMS OF ANALOGY IN SCIENTIFIC RESPONSES AMONG ALMALIKIS (AN ANALYTICAL AND CRITICAL STUDY)

article en

Abstract

The objections and criticisms of analogy (qiyas) are among the most prominent tools employed by the Muslim intellectual tradition, both in legal theory (usul al-fiqh) and jurisprudence (fiqh), to address issues requiring independent reasoning (ijtihad) and to construct the cohesive framework of legal schools.Indeed, the inferential mechanism is fundamentally built upon the connection established by usul al-fiqh, particularly analogy, between evidence and its indications, making it a standard by which arguments, opinions, and counterarguments are measured.Accordingly, one of the key objectives of this research is to combine theoretical grounding with practical application, while clarifying these objections and making them more accessible to students from both theoretical and applied jurisprudential perspectives, particularly within the Maliki school.The study also aims to present new and diverse examples beyond those traditionally cited in the classical works of usul al-fiqh and dialectics (jadal).Among the challenges addressed in this study is the clear divergence among scholars of usul al-fiqh regarding the number and types of objections, as well as whether they belong to the domain of dialectics or legal theory.The research employs a methodology that integrates induction, analysis, description, and inference, while tracing the views of Maliki scholars in both legal theory and jurisprudence.The study concludes with several findings, the most significant of which is the value of understanding the objections to analogy and their methodological impact in usul al-fiqh.These objections serve as indicators of the validity or invalidity of a legal ruling, as well as benchmarks for assessing the soundness of opinions and responding to criticisms.They also provide a strong basis for preference among different legal schools and sometimes even within a single school of thought.The study further establishes that these objections have a tangible impact on the comprehensive methodological vision of the jurist, enhancing the jurisprudential inferential aptitude of students.

RIMAK International Journal of Humanities and Social SciencesVol. 07(02)
Openalex Percentile: Top 88%
Linguistics and Cultural Studies
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CRITICISMS OF ANALOGY IN SCIENTIFIC RESPONSES AMONG ALMALIKIS (AN ANALYTICAL AND CRITICAL STUDY) · RIMAK International Journal of Humanities and Social Sciences (2025) | TGRS Research Map | TGRS