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

Author: Muhammad Iqbal
Publisher: Springer Nature
ISBN: 3030916766
Category : Philosophy
Languages : en
Pages : 274

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Book Description
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.

Author: Ansten Klev
Publisher: Springer Nature
ISBN: 303152411X
Category :
Languages : en
Pages : 505

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Book Description

Author: Shahid Rahman
Publisher: Springer Nature
ISBN: 3030223825
Category : Philosophy
Languages : en
Pages : 285

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Book Description
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.

Author: Christian Plantin
Publisher: Springer Nature
ISBN: 3031193210
Category : Social Science
Languages : en
Pages : 208

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Book Description
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.

Author: Ahmad Hasan
Publisher:
ISBN: 9789390804207
Category :
Languages : en
Pages : 0

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Book Description
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.

Author: Muhammad Iqbal
Publisher: Routledge
ISBN: 0415608538
Category : Persian literature
Languages : en
Pages : 153

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Book Description
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.

Author: Walter Edward Young
Publisher: Springer
ISBN: 3319255223
Category : Philosophy
Languages : en
Pages : 651

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Book Description
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.

Author: Aron Zysow
Publisher: Lockwood Press
ISBN: 1937040275
Category : Religion
Languages : en
Pages : 361

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Book Description
Aron Zysow's 1984 Ph.D. dissertation, "The Economy of Certainty," remains the most important, compelling, and intellectually ambitious treatment of Islamic legal theory (usul al-fiqh) in Western scholarship to date. It continues to be widely read and cited, and remains unsurpassed in its incisive analysis of the most fundamental assumptions of Islamic legal thought. Zysow argues that the great dividing line in Islamic legal thought is between those legal theories that require certainty in every detail of the law and those that will admit probability. The latter were historically dominant and include the leading legal schools that have survived to our own day. Zahirism and, for much of its history, Twelver Shi'ism, are examples of the former. The well-known dispute regarding the legitimacy of juridical analogy is only one feature of this fundamental epistemological division, since probability can enter the law in the process of authenticating prophetic traditions and in the interpretation of the revealed texts, as well as through analogy. The notion of consensus in Islamic legal theory functioned to reintroduce some measure of certainty into the law by identifying one of the competing probable solutions as correct. Consequently consensus has only a reduced role, if any, in those systems that reject probability. Another, more radical, means of regaining certainty was the doctrine that regarded the legal reasoning of all qualified jurists on matters of probability as infallible. The development of legal theories of both types, that of Zahirism no less than that of Hanafism, was to a large extent shaped by theology and, most significantly, by Mu'tazilism, and subsequently by Ash'arism and Maturidism. Zysow's important work is published here in full, for the first time, with updated references and some further reflections by the author.

Author: Christina Weiss
Publisher: Springer Nature
ISBN: 3030213137
Category : Philosophy
Languages : en
Pages : 196

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Book Description
This edited book brings together research work in the field of constructive semantics with scholarship on the phenomenological foundations of logic and mathematics. It addresses one of the central issues in the epistemology and philosophy of mathematics, namely the relationship between phenomenological meaning constitution and constructive semantics. Contributing authors explore deep structural connections and fundamental differences between phenomenology and constructivism. Papers are drawn from contributions to a prestigious workshop held at the University of Friedrichshafen. Readers will discover insight into structural connections between the phenomenological concept of meaning constitution and constructivist concepts of meaning. Discussion ranges from more specific conceptualizations in the philosophy of logic and mathematics to more general considerations in epistemology, inferential semantics and phenomenology. Questions such as a possible phenomenological understanding of the relationship between structural rules and particle rules in dialogical logic are explored. Significant aspects of both phenomenology and dialectics, and dialectics and constructivism emerge. Graduates and researchers of philosophy, especially logic, as well as scholars of mathematics will all find something of interest in the expert insights presented in this volume.

Author: Carool Kersten
Publisher: Edinburgh University Press
ISBN: 0748681876
Category : Social Science
Languages : en
Pages : 216

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Book Description
Explores the history of Islam in the largest Muslim nation state in the worldLocated on the eastern periphery of the historical Muslim world, as a political entity Indonesia is barely a century old. Yet with close to a quarter of a billion followers of Islam it is now the largest and most populous Muslim country in the world. As the greatest political power in Southeast Asia, and a growing player on the world scene, Indonesia presents itself as a bridge country between Asia, the wider Muslim world and the West.In this survey Carool Kersten presents the Islamisation of Indonesia from the first evidence of the acceptance of Islam by indigenous peoples in the late thirteenth century until the present day. He provides comprehensive insight into the different roles played by Islam in Indonesia throughout history, including the importance of Indian Ocean networks for connecting Indonesians with the wider Islamic world, the religions role as a means of resistance and tool for nation building, and postcolonial attempts to forge an aIndonesian Islam.Key FeaturesThe first comprehensive historical survey of the Islamisation of Indonesia from the arrival of Islam in the 13th century until the presentAn interdisciplinary study of the place and role of Islam in IndonesiaAn overview of the religions growing significance in the formation of what is now the largest and most populous Muslim country in the world