The basis of measurement - for Abu Jamed Al-Ghazali Al-Shafi'i

The basis of analogy - by Abu Jameed Al-Ghazali Al-Shafi'i Authored by: Abu Jameed Al-Ghazali Al-Shafi'i Reviewed by: Fahd bin Muhammad Al-Sadhan Binding: Cover Volumes: One Paper: Shamua Size: 14 × 21 Summary: The basis of analogy is a matter of disagreement among scholars, some preceded it and acted upon it, and others rejected it and denied it. So what is the cause of their disagreement? This book answers this question, and therefore its subject can be summarized as the search for the basis of analogy. Is it an absolute opinion opposing the legislative text until it is said that the law is either legislative or based on analogy? Or is it a specific type of legislative text? Al-Ghazali first stated that all law is legislative, and based on this, he considered any analogy opposing the legislative text to be invalid. Then he explained that the term "analogy" is ambiguous between two meanings: 1 - It may be used to refer to a meaning included under the generality of the legislative text, but a specific type of it — which is the conjunction of a clear intended understanding — and this is acceptable and not denied. 2 - It may be interpreted as attaching something to its like solely because it is an example of it — which is invalid and has no place in the law. This is the pure opinion opposing legislative text, and the original purpose of this book, as appears from its introduction and the reason for its writing, is the search for analogy in the legislative texts. However, the author also discussed analogy in linguistics and rational sciences, and he generalized the previous complexity in both, denying analogy in them in the second sense, not the first. When arranging the topics of the book, he began with these two fields — to clarify his stance on analogy in the legislative texts.