Types of Application of Analogy in Shī‘a Jurisprudence According to Jawāhir al-Kalām

Document Type : Research Article

Authors

• Muḥammad Mahdī Yazdānī
• Ḥusayn Ṣābirī
• Ḥusayn Nāṣirī Muqaddam

10.22067/fiqh.v0i0.12922

Abstract

Analogy and how to treat it is among the earliest issues in the jurisprudence and principles of legal schools. Meanwhile, although in
Shī‘ism the universal approach in this respect has since long ago been a negative one and it still continues to be so, the important issue that has to be taken into further consideration and more deeply contemplated on despite the theological viewpoints of the jurists is their treatment of analogy in legal books. In legal books, certain instances can be found that seem to be an evidence of using analogy. This does not contradict the widely known Shī‘ī view, namely, invalidity of analogy.
According to this approach and on the basis of Jawāhir al-Kalām, the present article has presented some examples, which are asserted to be analogical or the definition of analogy applies to them. It is also intended to answer the questions raised in this respect.

Keywords

• analogy
• generalization of the legal decision (ḥukm)
• equivocation of ḥukm
• ways of explanation

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