العلة و الحكمة في القياس الأصولي

الملخص EN

This research work explores one of the key issues in Islamic fundamentalist Fiqh; namely, the reasons and wisdom in Islamic fundamentalist analogy.

The study defines analogy and its strength as a means of argumentation.

The study also clarifies the concept of reasoning and related terms in Islamic Fiqh.

In addition, the study also tackles the purposes for using analogy and in accordance with the Holy Quran and the Sunna and how Fiqh scholars employed analogy and reasoning together with the disagreement involved.

Regarding the use of wisdom only two words; because the disciplined is not subject to controversy, everyone says that it is permissible to explain only the apparent denial of analogy applied to newly emerging Fiqh issues such as the travel of women without a male guardian, stoning of adulterers and sodomites, application of capital punishment when a group intentionally kills an individual.

The difference in reasoning has resulted in disagreement in some fundamentalist issues, the most important of which is: the rule of analogy when dealing with punishments for which there is a Quranic or Hadith text and meeting out atonement.

Analogy by wisdom is limited to four issues only; namely, contemporary travel of women without a male guardian, birth control, the rule for killing drug traffickers, and DNA.

In addition to that, we can add other examples such as: milk banks, selling and buying shares, endoscopic surgery, using medical injections, autopsy, prenuptial examination, credit cards, Misyar marriage, modern banking transactions in all its forms, and other developments.