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
Arabica – Brill
Published: Jan 1, 1989
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Elsevier, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera