UNFOLDING PARALLEL REASONING IN ISLAMIC JURISPRUDENCE (I). Epistemic and Dialectical Meaning withinAbū Isḥāq al-Shīrāzī’s System of Co-Relational Inferences of the Occasioning Factor

Résumé 0

One of the epistemological results emerging from this initial study, is that the different forms of co-relational inference, known in the Islamic jurisprudence as qiyās represent an innovative and sophisticated form of reasoning that not only provide new epistemological insights of legal reasoning in general but they also furnish a fine-grained pattern for parallel reasoning that can be deployed in a wide range of problem-solving contexts and that does not seem to reduce to the standard forms of analogical argumentation studied in contemporary philosophy of science. More specifically the main claim is that a dialectical framework provides the right instrument to stress two of the most salient features of this form of inference: (1) it's heuristic nature and (2) the dynamics underlying the meaning-explanation of the terms involved. Both display what we take to be the main epistemological idea behind the qiyās, namely: the open texture of the meaning of normative statements. To put it more generally, the notion of co-relational inference suggests that every form of parallel reasoning based on meaning presupposes that the concept of meaning involved is open to contextual changes. Moreover the latter indicates that the whole process deployed is intrinsically dialectic.