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: 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: Walter Edward Young
Publisher:
ISBN: 9783319255217
Category : Logic
Languages : en
Pages : 643

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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: Taylor & Francis
ISBN: 1136840427
Category : Social Science
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 mankind’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 ‘Ascension’ 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 Dante’s Divine Comedy is obvious.

Author: Walter Edward Young
Publisher: Springer
ISBN: 3319255223
Category : Philosophy
Languages : en
Pages : 643

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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: Abiha Zahra
Publisher: Springer Nature
ISBN: 3030968251
Category : Political Science
Languages : en
Pages : 393

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Book Description
This book provides a research-based analysis of public sector reforms in Pakistan. It offers a broad overview of reforms at different levels of government – including federal, provincial and local – and examines decentralization and devolution reforms in various policy sectors. It also reflects on market-oriented reforms and the steps taken to involve the private sector to build a better-governed public sector, and explores new trends in the public sector in the areas of digitalisation and disaster management. Bringing together young researchers, academics, and practitioners, the book sets a new milestone in the movement towards context-specific reform studies in both academia and the professional practice of public administration, particularly in South Asia.

Author: Josef van Ess
Publisher: BRILL
ISBN: 9004336486
Category : History
Languages : en
Pages : 2742

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Book Description
Kleine Schriften, written by the eminent German scholar of Islamic Studies Josef van Ess, is a unique three-volume collection of Van Ess' widely scattered short writings, journal articles, encyclopaedia entries, (autobiographical) essays, reviews and lectures, in (mainly) German, English and French, some of which are published here for the first time.

Author: Dominique Chateau
Publisher: Amsterdam University Press
ISBN: 9048531691
Category : Art
Languages : en
Pages :

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Book Description
We live in an era of screens. No longer just the place where we view movies, or watch TV at night, screens are now ubiquitous, the source of the majority of information we consume daily, and a crucial component of our basic interactions with colleagues, friends, and family. This transformation has happened almost without us realizing it-and certainly without the full theoretical and intellectual analysis it deserves. Screens brings together scholars from a variety of disciplines to analyse the growing presence and place of screens in our lives today. They tackle such topics as the archaeology of screens, film and media theories about our interactions with them, their use in contemporary art, and the new avenues they open up for showing films and other media in non-traditional venues.