What is Istidlal? (استدلال)
Munir Ahmad Mughal
Punjab University Law College; Superior Law College; LIMIT Law College, Lahore
April 15, 2012
In the ordinary sense the term means an inference for a thing from another thing, but in the real sense, it is a form of ratiocination or legal reasoning not covered by Qiyas/قیاس.
Istidlal (استدلال) allowed the jurists to avoid 'strict analogy' in a case where no clear precedent could be found. In this case, public interest was distinguished as a basis for legislation.
Note: Downloadable document is in English and Arabic.
Number of Pages in PDF File: 14working papers series
Date posted: April 15, 2012
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