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Quays Alghaib 'Ala Ash-Shahidقياس الغائب على الشاهد

UAEU Law Journal

The aim of this paper is to give a critical exposition of a special type of analogical inference used by the Mutakalimun (i..e . Muslim thrologists of medivial times) , called " Qjyas al-Gha jb 'ala ash ­ .s..b..ahiQ ". The origin of this analogical inference in the basic Islamic sources (i..e the Qur'an and Sunnah) is indicated. Then its relationship to the Aristotelian analogy is discussed first, before going on to give the opinions of al-Farabi, aj-Juwayni, lbn Rushd, and lbn Taymiyyah on the subject matter. The findings of this study are as follows:

The lslamicists are deeply divided …