Non-Analogical Arguments in Sunni Juridical Qiyās

Non-Analogical Arguments in Sunni Juridical Qiyās NON-ANALOGICAL ARGUMENTS IN SUNNI JURIDICAL QIY � S* BY WAEL B. HALLAQ I. Introduction hat the Sunni juristic conception of arguments can generally be Tcharacterized as nonformal is due to the fact that the validity of arguments rests primarily upon the epistemological value of the revealed premises from which they are constructedl. The linguistic and legal structure of these premises determine the type of argu- ment to be used in reaching the legal norm, the hukm. Accordingly, methods of reasoning employed in the construction of positive and substantive law range, as we shall see, from syllogistic to inductive arguments, including irregular deductions such as relational arguments2. These arguments, though often disguised by the seem- ingly impenetrable and unique formulations of the usu-11'sts, can with the assistance of logic and dialectic be deciphered, and subse- quently labeled with the corresponding designations given to them in these fields. Without such a procedure the identity of arguments prescribed in the works of usul aljiqh will remain in the realm of the obscure. * A slightly shorter version of this paper was presented at the Center for Middle Eastern Studies, Harvard University, February 1986. 1 This conception differs to a significant extent http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arabica Brill

Non-Analogical Arguments in Sunni Juridical Qiyās

Arabica, Volume 36 (3): 286 – Jan 1, 1989

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Publisher
Brill
Copyright
© 1989 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0570-5398
eISSN
1570-0585
D.O.I.
10.1163/157005889X00133
Publisher site
See Article on Publisher Site

Abstract

NON-ANALOGICAL ARGUMENTS IN SUNNI JURIDICAL QIY � S* BY WAEL B. HALLAQ I. Introduction hat the Sunni juristic conception of arguments can generally be Tcharacterized as nonformal is due to the fact that the validity of arguments rests primarily upon the epistemological value of the revealed premises from which they are constructedl. The linguistic and legal structure of these premises determine the type of argu- ment to be used in reaching the legal norm, the hukm. Accordingly, methods of reasoning employed in the construction of positive and substantive law range, as we shall see, from syllogistic to inductive arguments, including irregular deductions such as relational arguments2. These arguments, though often disguised by the seem- ingly impenetrable and unique formulations of the usu-11'sts, can with the assistance of logic and dialectic be deciphered, and subse- quently labeled with the corresponding designations given to them in these fields. Without such a procedure the identity of arguments prescribed in the works of usul aljiqh will remain in the realm of the obscure. * A slightly shorter version of this paper was presented at the Center for Middle Eastern Studies, Harvard University, February 1986. 1 This conception differs to a significant extent

Journal

ArabicaBrill

Published: Jan 1, 1989

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