Arsyad al-Banjari’s Insights on Parallel Reasoning and Dialectic in Law

Arsyad al-Banjari’s Insights on Parallel Reasoning and Dialectic in Law
Title Arsyad al-Banjari’s Insights on Parallel Reasoning and Dialectic in Law PDF eBook
Author Muhammad Iqbal
Publisher Springer Nature
Pages 274
Release 2022-06-16
Genre Philosophy
ISBN 3030916766

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This book provides an epistemological study of the great Islamic scholar of Banjarese origin, Syeikh Muhammad Arsyad al-Banjari (1710-1812) who contributed to the development of Islam in Indonesia and, in general, Southeast Asia. The work focuses on Arsyad al-Banjari’s dialectical use and understanding of qiyās or correlational inference as a model of parallel reasoning or analogy in Islamic jurisprudence. This constituted the most prominent instrument he applied in his effort of integrating Islamic law into the Banjarese society.This work studies how Arsyad al-Banjari integrates jadal theory or dialectic in Islamic jurisprudence, within his application of qiyās. The author develops a framework for qiyās which acts as the interface between jadal, dialogical logic, and Per Martin-Löf’s Constructive Type Theory (CTT). One of the epistemological results emerging from the present study is that the different forms of qiyās applied by Arsyad al-Banjari represent an innovative and sophisticated form of reasoning. The volume is divided into three parts that discuss the types of qiyās as well their dialectical and argumentative aspects, historical background and context of Banjar, and demonstrates how the theory of qiyās comes quite close to the contemporary model of parallel reasoning for sciences and mathematics developed by Paul Bartha (2010). This volume will be of interest to historians and philosophers in general, and logicians and historians of philosophy in particular.

The Architecture and Archaeology of Modern Logic

The Architecture and Archaeology of Modern Logic
Title The Architecture and Archaeology of Modern Logic PDF eBook
Author Ansten Klev
Publisher Springer Nature
Pages 505
Release
Genre
ISBN 303152411X

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Inferences by Parallel Reasoning in Islamic Jurisprudence

Inferences by Parallel Reasoning in Islamic Jurisprudence
Title Inferences by Parallel Reasoning in Islamic Jurisprudence PDF eBook
Author Shahid Rahman
Publisher Springer Nature
Pages 285
Release 2020-01-13
Genre Philosophy
ISBN 3030223825

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This monograph proposes a new (dialogical) way of studying the different forms of correlational inference, known in the Islamic jurisprudence as qiyās. According to the authors’ view, qiyās represents 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 for parallel reasoning which can be deployed in a wide range of problem-solving contexts and 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 of qiyās and of the work of al-Shīrāzī penned by Soufi Youcef, the authors discuss al-Shīrāzī’s classification of correlational inferences of the occasioning factor (qiyās al-'illa). The second part of the volume deliberates on the system of correlational inferences by indication and resemblance (qiyās al-dalāla, qiyās al-shabah). The third part develops the main theoretical background of the authors’ work, namely, the dialogical approach to Martin-Löf's Constructive Type Theory. The authors present this in a general form and independently of adaptations deployed 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.

Argumentation Through Languages and Cultures

Argumentation Through Languages and Cultures
Title Argumentation Through Languages and Cultures PDF eBook
Author Christian Plantin
Publisher Springer Nature
Pages 208
Release 2022-11-16
Genre Social Science
ISBN 3031193210

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This book examines argumentative situations as they develop in different cultures and language groups. It considers the development of argumentation studies, making greater allowance for the specificities of argument as developed by “non-mainstream cultures”; the contribution of Jainism to the framework of philosophical disputation in India; duel songs as an institutionalized argumentative genre practiced by Ammassalik culture within the Inuit community; the application of the Muslim theological-legal reasoning system to evaluate two traditional, pre-Muslim traditional practices in Borneo; the annotation of schemes on the basis of Walton’s taxonomy of argument schemes and Wagemans’ Periodic Table of Arguments; methodology proposed for the reconstruction and analysis of “double-mode” arguments in advertisements, combining the instruments developed in social semiotics, pragmatics, and argumentation theory; and a review of the argumentation-theoretical literature on metaphor in argumentative discourse. This book is of interest to students and researchers in argumentation studies, rhetoric, philosophy, cultural studies and language studies. Previously published in Argumentation Volume 35, issue 1, March 2021 Chapters "Annotating Argument Schemes" and "The Study of Metaphor in Argumentation Theory" are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

Analogical Reasoning in Islamic Jurisprudence

Analogical Reasoning in Islamic Jurisprudence
Title Analogical Reasoning in Islamic Jurisprudence PDF eBook
Author Ahmad Hasan
Publisher
Pages 0
Release 2023-08-19
Genre
ISBN 9789390804207

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This study deals with the concept, rules and application of Qiyas as developed in the medieval period. The early chapters contain a general treatment of this principle. These are followed by chapters relating to definition of Qiyas, the original and the parallel case. The most difficult problem in Qiyas is the illah. We have extensively dealt with it dividing it into seven chapters. The Chapters relating to condition (shart), cause (sabab) and impediments (mawani') have also been included, as they are indirectly connected with the 'illah. As istihsan is a latent analogy (qiyas khafi), we have dealt with this problem in a separate chapter. Qiyas has remained all along a controversial subject. We have therefore analysed the points of view of its exponents and adversaries, and discussed their arguments in greater detail.

The Dialectical Forge

The Dialectical Forge
Title The Dialectical Forge PDF eBook
Author Walter Edward Young
Publisher Springer
Pages 651
Release 2016-12-13
Genre Philosophy
ISBN 3319255223

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The Dialectical Forge identifies dialectical disputation (jadal) as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn (the “subject-text”) through a lens molded from 5th/11th century jadal-theory treatises (the “lens-texts”). Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters.

Javid-Nama (Rle Iran B)

Javid-Nama (Rle Iran B)
Title Javid-Nama (Rle Iran B) PDF eBook
Author Muhammad Iqbal
Publisher Routledge
Pages 153
Release 2011
Genre Persian literature
ISBN 0415608538

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Sir Muhammad Iqbal (1873-1938) was not only amongst the leading political figures of his time, but regarded by many as the spiritual father of Pakistan and a great champion of the reform movement of modern Islam. He was also a poet, in both Urdu and Persian. The recurrent theme of his poems is the infinite potentiality of man, as partner with God in shaping the destiny of the universe. As an ardent Muslim, Iqbal saw the realization of mankindâe(tm)s future in a union of Islamic peoples, unfettered by the bonds of separate nationhood, fully liberated from the chains of imperial domination. The Javid-nama, commonly acknowledged as his greatest work, develops this theme within the frame-work of the âe~Ascensionâe(tm) story. In imitation of the Prophet of Islam, the poet soars through the spheres, encountering on his heavenly journey many great figures of history with whom he converses. The resemblance to Danteâe(tm)s Divine Comedy is obvious.