Formal Logical Arguments in Islamic Law

Open Journal of Philosophy 15 (1):174-180 (2025)
  Copy   BIBTEX

Abstract

Apart from the knowledge of specialists in the field of Islamic law, the perception of Islamic law, for the most part, is that of a law with no structure and, therefore, no logical consistency. This depiction is often theorized by using the term Kadijustiz. In this essay, I seek to undermine this view and propose that Islamic legal theorists developed a systematic process of employing formal logic in Islamic law. I argue that these arguments exist, were negotiated regarding the nuances of their form and modes of applicability, and were utilized in concrete cases in books of Islamic legal theory. By formal logic, I am referring to inferential forms of reasoning. The paper is divided into two main parts: first, I describe the notion of Kadijustiz and offer objections to this view. Second, I explain the primary arguments that fall under the category of qiyas. These include, broadly, deduction, induction, and legal analogy. My hope is that this essay contributes to the appreciation of Islamic Law as a rigorous legal system and serves as a reference for some of the modes of thinking and processes of legal reasoning when engaging with Islamic law.

Other Versions

No versions found

Links

PhilArchive

    This entry is not archived by us. If you are the author and have permission from the publisher, we recommend that you archive it. Many publishers automatically grant permission to authors to archive pre-prints. By uploading a copy of your work, you will enable us to better index it, making it easier to find.

    Upload a copy of this work     Papers currently archived: 103,401

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Semiotics of Islamic Law, Maṣlaḥa, and Islamic Economic Thought.Sami Al-Daghistani - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):389-404.
Islamic Law and Legal Positivism.Raja Bahlul - 2016 - Rivista di Filosofia Del Diritto [V, 2/2016, Pp. 245-266] 2 (V):245-266.
Semiotics of Islamic Law, Maṣlaḥa.Sami Al-Daghistani - 2016 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):389-404.
Law as a vanishing mediator in the theological ethics of Tariq Ramadan.Andrew F. March - 2011 - European Journal of Political Theory 10 (2):177-201.

Analytics

Added to PP
2025-02-15

Downloads
1 (#1,956,379)

6 months
1 (#1,580,527)

Historical graph of downloads

Sorry, there are not enough data points to plot this chart.
How can I increase my downloads?

Citations of this work

No citations found.

Add more citations

References found in this work

Defeasible Reasoning in Islamic Legal Theory.Muhammed Komath - 2024 - Informal Logic 44 (3):431-467.

Add more references