Masālik al-ʿillah in the convention of qiyās: An investigation of its foundations and contemporary Application
Abstract
This study examines the foundations of the various methods of identifying legal
cause (masālik al-ʿillah). It studies its various theories, spanning the classical and
premodern period and investigates its application in contemporary times. The
investigation analyses the theories of masālik al-ʿillah while placing the legal cause
(ʿillah) contextually within the convention of analogical reasoning (qiyās). The
findings of this investigation are then used to study practical applications of
identifying legal cause, in a selection of three case constructions of qiyas, under the
topic of suicide attacks.