Al-Shāfi’ī’s Position on Analogical Reasoning in Islamic Criminal Law: Jurists Debates and Human Rights Implications

@article{Zakariyah2017AlShfisPO,
  title={Al-Shāfi’ī’s Position on Analogical Reasoning in Islamic Criminal Law: Jurists Debates and Human Rights Implications},
  author={Luqman Zakariyah},
  journal={International Journal for the Semiotics of Law - Revue internationale de S{\'e}miotique juridique},
  year={2017},
  volume={30},
  pages={301-319}
}
  • Luqman Zakariyah
  • Published 2017
  • Sociology
  • International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique
Al-Shāfi’ī (d. 204/820) has been unreservedly credited as one of the designers, if not the “master architect,” of uṣūl al-fiqh (Principles of Islamic jurisprudence). His most important scholarly work, Al-Risālah (The Epistle), clearly demonstrates his cognitive creativity in this field. One of the methodologies for the decision of cases under Islamic law that Al-Shāfi’ī championed is qiyās (analogical reasoning), which he equated with ijtihād (legal reasoning). His balanced approach invites… Expand

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