The Invalidator of Qiyas "Qādiḥ Al-Naqḍ" According to Imām Alḥaramayn Al-Juwaynī and Examples of its Application in his Book Nihāyat Al-Maṭlab fī Dirāyat Al-Madhhab 10.35781/1637-000-131-002

Abstract

This research discusses Qāḍiḥ al-Naqḍ (the invalidator of analogy), considering it as one of the objections to the effective cause (ʿillah) in analogical reasoning (qiyās) according to Imām al-Ḥaramayn al-Juwaynī, may Allah have mercy on him, as presented in his book Nihāyat al-Maṭlab fī Dirāyat al-Madhhab. Imām al-Ḥaramayn is regarded as one of the prominent scholars of the Shāfiʿī school in both legal theory and jurisprudence. His book Nihāyat al-Maṭlab holds great importance in Shāfiʿī jurisprudence, being a refined summary of Mukhtaṣar al-Muzanī, which itself is a summarized version of al-Umm by Imām al-Shāfiʿī, may Allah have mercy on him. The aim of the study is to clarify Imām al-Juwaynī’s views regarding Qāḍiḥ al-Naqḍ, a matter on which scholars of legal theory (uṣūlīs) have differed, and to link his theoretical views with their practical application in his book Nihāyat al-Maṭlab. This connection between the theoretical and practical dimensions facilitates a better understanding of the issue and helps extract new jurisprudential examples of this type of objection beyond those repeatedly cited in uṣūl books, thereby enriching the field of legal theory. The study adopted both inductive and descriptive methodologies. It comprises an introduction explaining the significance of the topic, reasons for choosing it, objectives, scope, problem statement, and methodology. A preface provides a brief overview of Imām al-Ḥaramayn and his book Nihāyat al-Maṭlab. Two main sections follow: • The first discusses the concept of Qāḍiḥ al-Naqḍ and the differing views of the scholars on it. • The second addresses practical applications of Qāḍiḥ al-Naqḍ according to al-Juwaynī in Nihāyat al-Maṭlab. The conclusion presents the main findings and recommendations of the research. Key findings include: 1. Imām al-Juwaynī held that naqḍ (contradiction or counter-example) is a valid objection against the legal cause (ʿillah) when the cause is inferred (not textual) , and when there is a distinction between the cause and the subject of analogy. However, naqḍ is not considered a valid objection if the matter in question is established by a definitive text or consensus. 2. Al-Juwaynī refuted views he determined were vulnerable to naqḍ, whether those belonged to other schools of law such as the Ḥanafīs or Mālikīs, or even differing views within the Shāfiʿī school itself. 3. He consistently applied his theoretical views on naqḍ in his jurisprudential discussions throughout Nihāyat al-Maṭlab. 4. Common expressions he used to refer to invalidation include: manqūḍ (invalidated), mardūd ʿalayh (refuted) , and ghayr ṣaḥīḥ (incorrect). Recommendations of the research include: 1. Scholars in the fields of jurisprudence and legal theory should give more attention to objections to legal causes, as they are essential to understanding analogical reasoning and its limits. 2. Further research should be done to explore additional sections of Nihāyat al-Maṭlab that were not covered in this study.