This thesis studies an aspect of Islamic legal reasoning in terms of the method for determining the ruling on cases for which the Shari'a has no textual basis. Al-Ghazali (d. 550/1111), a great Muslim theologian, philosopher and sufi as well as a remarkable jurist, made an important contribution to this methodological problem. His theory of munasaba proposes a technique for making a ruling on the basis of an understanding and interpretation of the meaning behind the Shari'a. With this theory, a new case can be decided through a rational analysis without direct support in the textual sources. This theory is related to the legal doctrine of maslaha according to which legal reasoning ought to be mainly guided by considerations of public interest. Al-Ghazali argues that the absence of textual basis does not mean the absence of guidance and principles in the Shari'a concerning undefined human interests. This theory rests on the theological premise that God's rulings embody a meaning and purpose which can be perceived; such meaning, arrived at through an inductive survey of the Shari'a rulings, is taken to indicate the Shari'a customary orientation which is to be followed in understanding new cases. The theory is thus neither independent reasoning nor justification for arbitrary decision, because it is the Shari'a meaning which determines the ruling on new cases. While al-Ghazali justifies the extension of the Shari'a's meaning to new eventualities so that the law is not restricted by the limited scope of the revelation, he disclaims any influence of the Mu'tazilis. This thesis analyses not only al-Ghazali's theory of munasaba but also his many examples which serve as a practiced guide to an understanding of the adaptability of Islamic law to social change.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.26314 |
| Date | January 1994 |
| Creators | Qomariyah, Siti |
| Contributors | Hallaq, Wael B. (advisor) |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Arts (Institute of Islamic Studies.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001431213, proquestno: MM99925, Theses scanned by UMI/ProQuest. |
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