The logical foundations of Taqlid : a study of the modes of the use of Greek logic in usul al-fiqh /

This research seeks to assess the validity of Taqlīd with reference to logic as understood within the discipline of Usūl al-Fiqh. From the earliest times, Muslim jurists have generally recognized Taqlīd of the Salaf as legitimate. They typically present a number of justifications for this stance; on...

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Bibliographic Details
Main Author: Nakissa, Aria
Format: Thesis
Language:English
Published: Kuala Lumpur: Kulliyyah of Islamic Revealed Knowledge and Human Scieces, International Islamic University Malaysia, 2011
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Online Access:http://studentrepo.iium.edu.my/handle/123456789/7035
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Summary:This research seeks to assess the validity of Taqlīd with reference to logic as understood within the discipline of Usūl al-Fiqh. From the earliest times, Muslim jurists have generally recognized Taqlīd of the Salaf as legitimate. They typically present a number of justifications for this stance; one among them being the Salaf's exceptional mastery of the Arabic language. Here mastery of “language” is not understood as limited to grammar and vocabulary, but rather as encompassing all the “Fiqh” (meaning) that can be extracted from the text of the Qur'ān and Sunnah. An important question is whether later generations possess a linguistic competence comparable to that of the Salaf, such that they should not be obliged to give deference to the Salaf in understanding the Nusūs. It is argued that answering this question depends on how we view language. While we believe that learning a language requires integration into a particular set of cultural and social institutions, we must assume that the linguistic competence of the Salaf is not something possessed by the later generations, in light of the fact that the institutions which existed at the time of the Prophet (saw) have long disappeared. But the relationship between language and culture is described differently by different theories of logic. Greek logic, as introduced into Usūl al-Fiqh by al-Ghazālī, holds that linguistic understanding revolves around universal definitions (Hudūd) shared in all times and places, irrespective of culture. The Greek perspective implies that Taqlīd of the Salaf is not justified on linguistic grounds. Nevertheless, the presuppositions of Greek logic have been subjected to criticism both within the Islamic tradition (e.g. Ibn Taymiyyah) and without the Islamic tradition (e.g. Wittgenstein). Such critiques suggest that the key to linguistic competence is not in universal definitions, but rather in culturally specific experiences extended through Qiyās. By drawing attention to the role of culture, they provide compelling support for the notion that Taqlīd of the Salaf is something required of later generations.
Item Description:Abstracts in English and Arabic.
"A dissertation submitted in fulfilment of the requirement for the degree of Master of Islamic Revealed Knowledge and Heritage (Usul al-Fiqh)."--On t.p.
Physical Description:x, 190 leaves : ill. ; 30cm.
Bibliography:Includes bibliographical references (leaves 184-190)