DefinePK

Research Objective

To assess and critique Imran Ahsan Khan Nyazee's reading of al-Shfi`'s theory of qiys (analogy) as presented in al-Risalah, specifically challenging Nyazee's claim that al-Shfi` only recognized restricted forms of analogy (dallat al-na or qiys al-shabah) and excluded qiys al-`illah (analogy based on effective cause).

Methodology

Analysis of statements and examples provided by Imam al-Shfi` in his text al-Risalah. This analysis was conducted by weighing these examples against the typology of analogy developed by later jurists and comparing them with the opinions of prominent Shafi`i scholars like al-Mawardi and al-Razi.

Methodology Flowchart

                        graph TD; A[Nyazee's Thesis on Restricted Qiys in al-Risalah] --> B[Analysis of al-Shfi`'s Statements in al-Risalah]; B --> C[Weighing Examples Against Later Jurists' Typology]; C --> D[Consultation of Shafi`i Scholars: Al-Mawardi & Al-Razi]; D --> E[Conclusion: Refutation of Nyazee's Claims]; E --> F[Confirmation of Qiys al-`illah in al-Shfi`'s System]                    

Discussion

The authors argue that Nyazee's reading of al-Rislah is misleading because it applies later terminologies inconsistently and misinterprets al-Shfi`'s statements. Nyazee posits that al-Shfi` adhered to a "theory of literal interpretation," restricted to dallat al-na (text-based extension) and qiys al-shabah (similarity-based extension), contrasting this with the Hanafi "theory of general principles" and the later theory of maqasid al-shar`ah. The authors counter that al-Shfi`'s examples, when measured against later standards, clearly count as qiys al-`illah, suggesting later Shafi`i jurists accurately interpreted their Imam, contrary to Nyazee's assertion that they stretched ideas from al-Umm.

Key Findings

1. Al-Shfi`'s term "qiys f ma`n 'l-al" is not confined to dallat al-na but encompasses a broad spectrum of analogical arguments, including qiys al-`illah.
2. There are clear instances of qiys al-`illah in al-Risalah, indicating that later Shafi`i jurists correctly identified it within al-Shfi`'s system.
3. Nyazee's conception of qiys al-shabah does not align with the terminology developed by later Shafi`i jurists.
4. A legal system that includes qiys al-shabah cannot accurately be termed a purely "literal system."
5. Hanafi jurists do not outright reject qiys al-shabah; rather, they incorporate it under their own conditions, terming it qiys al-`illah when those conditions are met.
6. There is no factual evidence to support the claim that al-Shfi` lacked a theory of qiys al-`illah or that he should be bracketed with the school of Dawud al-Zahiri regarding analogy.

Conclusion

The authors conclude that Imran Ahsan Khan Nyazee's assessment of Imam al-Shfi`'s theory of qiys as being severely restricted and lacking qiys al-`illah is flawed. Al-Shfi`'s al-Risalah contains evidence supporting the inclusion of qiys al-`illah, which was correctly understood by subsequent Shafi`i scholars.

Fact Check

1. Imran Ahsan Khan Nyazee argued that al-Shfi` had a very restricted theory of qiys, similar to Dawud al-Zahiri. (Confirmed in Abstract/Summary).
2. Nyazee claims al-Shfi` presented no example of qiys al-`illah in al-Risalah. (Confirmed in Abstract/Summary).
3. The authors cite al-Mawardi and al-Razi as prominent Shafi`i scholars whose views were used in their analysis. (Confirmed in the text).

Mind Map