امام شافعی کے تصور قیاس پر عمران احسن خان نیازی کے نقطۂ نظر کا جائزہ: اقسام قیاس کی روشنی میں

An Assessment of Imran Ahsan Khan Nyazee’s Views about al-Shāfi‘ī’s Theory of Qiyās in the Light of the Typology of Qiyās

Abstract

In response to Joseph Schacht, Imran Ahsan Khan Nyazee argued that al-Shāfi‘ī had a very restricted theory of qiyās which was similar to that of Dāwūd al-Ẓāhirī who was a staunch critic of qiyās. Nyazee went on to show that al-Shāfi‘ī presented no example of qiyās al-‘illah in his book al Risālah and that his theory of qiyās only contained either dalālat al-naṣṣ of Aḥnāf or qiyās al-shabah which was rejected by Aḥnāf. We are of the view that this reading of al-Shāfi‘ī’s al-Risālah is misleading because al-Shāfi‘ī’s examples count qiyās al-‘illah when measured against the standards and terminologies developed by later jurists. Moreover, the analysis given by Nyazee of al-Shāfi‘ī’s statements is also problematic.