Taqrīb Al-Dalīl among Uṣūl Al-Fiqh Scholars: A Foundational and Applied Study 10.35781/1637-000-148-003

Abstract

Abstract This study examines the concept of taqrīb (approximation of proof) as articulated by scholars of Ādāb al-Baḥth wa-l-Munāẓara (the discipline of dialectical method), and analyzes how jurists of uṣūl al-fiqh employ it in evaluating the validity of arguments advanced in their legal-theoretical discussions. The study adopts an inductive and analytical methodology and is structured into two main chapters. The first establishes the theoretical foundations of taqrīb al-dalīl (the approximation of proof) as formulated by scholars of dialectical method, clarifying its relationship to the notions of dalīl (proof), muqaddima (premise), and istilzām (logical entailment), as well as the different cases in which taqrīb is deemed complete or incomplete, together with related technical terms. The second chapter analyzes a set of selected uṣūlī case-studies in which taqrīb is explicitly affirmed or denied, and critically examines the extent to which the established criteria for its various forms apply to those cases. The study concludes that the validity of an argument in uṣūl al-fiqh is contingent upon the completeness of taqrīb. It further demonstrates that taqrīb has six distinct forms: those unanimously considered complete are the cases in which the entailment of the proof is identical with, or equal to, the claim; those unanimously considered incomplete are the cases in which the entailment is contrary to the claim, more general than it in an absolute sense, or more general in a partial sense; and there is disagreement concerning the case in which the entailment is absolutely more specific than the claim—a disagreement whose impact is evident in a number of uṣūlī applications. Finally, the study emphasizes the importance of extracting the applied material of the rules of logic and dialectical method from the works of uṣūlī scholars and calls for further research that integrates these two disciplines. Keywords: Taqrīb (Approximation) – Proof – Premise – Claim – Logical Entailment – Middle Term