Types of Application of Analogy in Shī‘a Jurisprudence According to Jawāhir al-Kalām
Journal Title: فقه و اصول - Year 2012, Vol 44, Issue 88
Abstract
Analogy and how to treat it is among the earliest issues in the jurisprudence and principles of legal schools. Meanwhile, although in Shī‘ism the universal approach in this respect has since long ago been a negative one and it still continues to be so, the important issue that has to be taken into further consideration and more deeply contemplated on despite the theological viewpoints of the jurists is their treatment of analogy in legal books. In legal books, certain instances can be found that seem to be an evidence of using analogy. This does not contradict the widely known Shī‘ī view, namely, invalidity of analogy. According to this approach and on the basis of Jawāhir al-Kalām, the present article has presented some examples, which are asserted to be analogical or the definition of analogy applies to them. It is also intended to answer the questions raised in this respect.
Authors and Affiliations
MuḥAmmad Mahdī YazdāNī, ḤUsayn ṢāBirī
Keywords
Related Articles
- EP ID EP183270
- DOI 10.22067/fiqh.v0i0.12922
- Views 126
- Downloads 0
Reappraisal of Renunciation of Ownership in Jurisprudence and Law
The issue of renunciation (i‘rāḍ) is not discussed separately among the jurists and is only implicitly referred to in some instances. It is also neglected in statutes; and most of legal experts, following the laws and li...
Halving of Dowry upon Death of Husband before Consummation
One of the issues related to dowry (mahr) in permanent marriage is its being halved in some cases. Once, in a permanent marriage, a dowry is set for the wife but the marriage leads to divorce before consummation, the wif...
A New Look at Mawlawī (Legislative) and Irshādī (Advisory) and their Methodological Resultant
After determining the status of mawlawī and irshādī and deciding that they are attributes of commands and prohibitions and not attributes of ruling and after giving the opted definition and its advantage over other defin...
Legal-Judicial Study of the Verdict on Multiple Crimes resulting from a Single Strike
In case multiple crimes are caused by a single strike, there are three different beliefs concerning the ruling on this issue. The renowned majority of jurists have deemed as necessary the payment of blood money (diya) by...
Types of Application of Analogy in Shī‘a Jurisprudence According to Jawāhir al-Kalām
Analogy and how to treat it is among the earliest issues in the jurisprudence and principles of legal schools. Meanwhile, although in Shī‘ism the universal approach in this respect has since long ago been a negative one...