What is Istidlal? (استدلال)
14 Pages Posted: 15 Apr 2012
Date Written: April 15, 2012
Abstract
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.
Suggested Citation: Suggested Citation
Mughal, Munir Ahmad, What is Istidlal? (استدلال) (April 15, 2012). Available at SSRN: https://ssrn.com/abstract=2039843 or http://dx.doi.org/10.2139/ssrn.2039843
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