قياس الشبه المقاصدي في "تهذيب الفروق" للشيخ محمد علي المكي المالكي (ت 1367 ه ) : دراسة تحليلية في تطبيقات مختارة

Abstract

This research delves into a type of analogical reasoning employed by Islamic legal theorists (uṣuliyyun), known as Qiyas asy-Syabah (analogy of resemblance). The usuliyyun have varying classifications of Qiyas asy-Syabah based on different considerations. Most of them divide it into two types: Ḥukmi (ruling-based) and Ṣūri (form-based). However, Imam al-Qarafi mentioned another lesser-known type among the usuliyyun, which is Qiyas asy-Syabah al-Maqaṣidi (analogy of resemblance based on objectives) in his book al-Furuq. The issue arises as he only provided very few examples of this type and did not discuss it further in his works Nafa’is al-Uṣul and Tanqiḥ al-Fuṣul. Therefore, the researcher aims to explore some contemporary and ancient applications of this type of Qiyas asy-Syabah with further study and clarification through the book “Tahdhib al-Furuq” by Sheikh Muḥammad ‘Ali al-Makki al-Maliki (1367AH) which is also considered as a summary and a refinement of the book al-Furuq, 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 Qiyas asy-Syabah al-Maqaṣidi. The analytical method was then used to review and analyze the applications of Qiyas asy-Syabah al-Maqaṣidi and its impact on the differences among jurists. The researcher achieved significant results which are: First, Qiyas asy-Syabah al-Maqaṣidi should be considered when issuing legal verdicts (fatwas) in novel cases, especially where Qiyas al – ‘Illah (analogy based on effective cause) cannot be applied. Second, scholars have applied this analogy in their ijtihad (independent reasoning) across various fields. Given the importance of this analogy, the researcher recommends that students of Islamic legal theory (uṣul al-fiqh) trace the juristic applications of Qiyas asy-Syabah al-Maqaṣidi in all schools of Islamic law, particularly among the Shafi’i’s, within their works.