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


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.




Inferences by Parallel Reasoning in Islamic Jurisprudence


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.




Argumentation Through Languages and Cultures


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.




New Developments in Legal Reasoning and Logic


Book Description

This book intends to unite studies in different fields related to the development of the relations between logic, law and legal reasoning. Combining historical and philosophical studies on legal reasoning in Civil and Common Law, and on the often neglected Arabic and Talmudic traditions of jurisprudence, this project unites these areas with recent technical developments in computer science. This combination has resulted in renewed interest in deontic logic and logic of norms that stems from the interaction between artificial intelligence and law and their applications to these areas of logic. The book also aims to motivate and launch a more intense interaction between the historical and philosophical work of Arabic, Talmudic and European jurisprudence. The publication discusses new insights in the interaction between logic and law, and more precisely the study of different answers to the question: what role does logic play in legal reasoning? Varying perspectives include that of foundational studies (such as logical principles and frameworks) to applications, and historical perspectives.




Analogical Reasoning in Islamic Jurisprudence


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.




The Dialectical Forge


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.




Organizations and Organizing


Book Description

This broad, balanced introduction to organizational studies enables the reader to compare and contrast different approaches to the study of organizations. This book is a valuable tool for the reader, as we are all intertwined with organizations in one form or another. Numerous other disciplines besides sociology are addressed in this book, including economics, political science, strategy and management theory. Topic areas discussed in this book are the importance of organizations; defining organizations; organizations as rational, natural, and open systems; environments, strategies, and structures of organizations; and organizations and society. For those employed in fields where knowledge of organizational theory is necessary, including sociology, anthropology, cognitive psychology, industrial engineering, managers in corporations and international business, and business strategists.




Introduction to Islamic Economics


Book Description

Gain deeper insight into the principles and theory of Islamic economics Introduction to Islamic Economics: Theory and Application provides an overview of the organizing principles and fundamentals of an Islamic economy. With deep discussion of the characteristics, rationale, key institutions, objectives, and instruments at work, the book addresses the core economic principles underlying a system based on the foundational teachings of Islam, and examines the implications for economic policies. Social welfare, economic justice, market functionality, efficiency, and equity are explored from an Islamic perspective, and the role and instruments of fiscal and monetary policy in Islamic systems are used to illustrate contemporary applications. Universities around the globe are offering courses on Islamic economics and finance, but despite the industry's rapid growth, most research has been focused on the financial principles rather than underlying economic principles. The first book of its kind, Introduction to Islamic Economics brings all the key concepts together into one reference volume. By outlining the ways in which Islamic finance and Islamic economics interrelate, this book can help readers to: Develop an understanding of the Islamic economic system and its institutional scaffolding Differentiate between the major characteristics of the dominant conventional economy and one based on the fundamental sources of Islam Understand the conditions that must be met for a just, well-balanced, stable, and growing economy Clarify the role of State, public policy, and risk-sharing in the Islamic financial system The Islamic financial system is expanding quickly, and those looking to increase their relevance in a changing economic landscape must get up to speed. Introduction to Islamic Economics provides a comprehensive overview of underlying economic system offering a deeper understanding of the feature of the system. This book is an excellent complement to Introduction to Islamic Finance, 2E by Iqbal and Mirakhor.




Intellectuals in the Modern Islamic World


Book Description

Incorporating a rich series of case-studies covering a range of geographical areas, this collection of essays examines the history of modern intellectuals in the Islamic world throughout the twentieth century. The contributors reassess the typology and history of various scholars, providing significant diachronic analysis of the different forms of communication, learning, and authority. While each chapter presents a separate regional case, with an historically and geographically different background, the volume discloses commonalities, similarities and intellectual echoes through its comparative approach. Consisting of two parts, the volume focuses first on al-Manar, the influential journal published between 1898 and 1935 that inspired much imagination and arguments among local intelligentsias all over the Islamic world. The second part discusses the formation, transmission and transformation of learning and authority, from the Middle East to Central and Southeast Asia. Constituting a milestone in comparative studies of the modern Islamic world, this book highlights the range of and transformation in the role of intellectuals in Islamic societies.




Organizations


Book Description