INFERENCES BY PARALLEL REASONING IN ISLAMIC JURISPRUDENCE IBD

Sinopse

This monograph proposes a new (dialogical) way of studying the different forms ofácorrelational inference, known in the Islamic jurisprudence asáqiyÄüs. According to the authorsâÇÖ view,áqiyÄüsárepresents an innovative and sophisticated form of dialectical reasoning that not only provides new epistemological insights into legal argumentation in general (including legal reasoning in Common and Civil Law) but also furnishes a fine-grained pattern foráparallel reasoningáwhich can be deployedáin a wide range of problem-solving contextsáand does not seem to reduce to the standard forms of analogical reasoning studied in contemporary philosophy of science and argumentation theory.After an overview of the emergence ofáqiyÄüsáand of the work of al-ShÄ«rÄüzÄ« penned by Soufi Youcef, the authors discuss al-ShÄ«rÄüzÄ«âÇÖs classification of correlational inferences of the occasioning factor (qiyÄüs al-âÇÖilla). The second part of the volume deliberates on the system of correlational inferences by indication and resemblance (qiyÄüs al-dalÄüla, qiyÄüs al-shabah). The third part develops the main theoretical background of the authorsâÇÖ work, namely,áthe dialogical approach to Martin-LöfâÇÖs Constructive Type Theory. The authors present this in a general form andáindependently of adaptationsádeployed in parts I and II. Part III also includes an appendix on the relevant notions of Constructive Type Theory, which has been extracted from an overview written by Ansten Klev. The book concludes with some brief remarks on contemporary approaches to analogy in Common and Civil Law and also to parallel reasoning in general.