The Maqasidic Analogical Reasoning from the Book of “Tahdzib al-Furuq” by Sheikh Muhammad Ali al-Makki al-Maliki (1367H) : Analytical study in Selected applications

Abstract

This research delves into a type of analogical reasoning employed by Islamic legal theorists (u?uliyy?n), known as Qiy?s asy-Syabah (analogy of resemblance). The usuliyy?n have varying classifications of Qiy?s asy-Syabah based on different considerations. Most of them divide it into two types: ?ukmi (ruling-based) and ??ri (form-based). However, Imam al-Qar?fi mentioned another lesser-known type among the usuliyy?n, which is Qiy?s asy-Syabah al-Maq??idi (analogy of resemblance based on objectives) in his book al-Fur?q. The issue arises as he only provided very few examples of this type and did not discuss it further in his works Naf?’is al-U??l and Tanq?? al-Fu??l. Therefore, the researcher aims to explore some contemporary and ancient applications of this type of Qiy?s asy-Syabah with further study and clarification through the book “Tahdh?b al-Fur?q” by Sheikh Mu?ammad ‘Ali al-Makki al-M?liki (1367AH) which is also considered as a summary and a refinement of the book al-Fur?q, wherein the author provides numerous examples on this issue. The researcher chose this book because it distinctively and explicitly branches out this type of analogy, and to the best of the researcher’s knowledge, no other author has distinguished themselves in this way. To achieve this, the researcher followed the descriptive method to discuss the author and his book, and to explain the concept of Qiy?s asy-Syabah al-Maq??idi. The analytical method was then used to review and analyze the applications of Qiy?s asy-Syabah al-Maq??idi and its impact on the differences among jurists. The researcher achieved significant results which are: First, Qiy?s asy-Syabah al-Maq??idi should be considered when issuing legal verdicts (fatwas) in novel cases, especially where Qiy?s al – ‘Illah (analogy based on effective cause) cannot be applied. Second, scholars have applied this analogy in their ijtih?d (independent reasoning) across various fields. Given the importance of this analogy, the researcher recommends that students of Islamic legal theory (u??l al-fiqh) trace the juristic applications of Qiy?s asy-Syabah al-Maq??idi in all schools of Islamic law, particularly among the Shafi’i’s, within their works.