Clarification the Position of Al-Juwaini (D. 478 AH) on Analogy Being One of the Principles of Jurisprudence

Abstract

Praise be to God , the Lord of the Worlds, and peace and blessings be upon the most honorable prophet and master of messengers, our Prophet Muhammad, his family, his companions, and his family... And after.

The  research reveals an important issue, which gains its importance in terms of its relation to one of the scholars of the principles of jurisprudence - al-Juwayni - as well as its relation to one of the evidences of legislation - analogy - "which is the basis of Ijtihad, the source of opinions, the guarantor of the details of rulings when the mob quarrels, and the one that is circulated in all events ([1]). Ibn al-Subki attributed to al-Juwaini that he does not consider analogy to be one of the principles of jurisprudence; as Ibn al-Subki said: "And analogy is one of the principles of jurisprudence, contrary to al-Juwaini", so this study (Clarifying al-Juwayni's Position on the Analogy as One of the Principles of Jurisprudence) to clarify al-Juwaini's position on the principles of analogy, and I have clarified this through what the commentators of Jama'a al-Jawamah have mentioned, in terms of their agreement or disagreement with Ibn al-Subki in what he attributed to al-Juwayni. I have reached results, including: that al-Juwaini stipulates certainty in the concept of evidence, unlike Ibn al-Subki. Among them: that al-Juwaini does not deny that analogy is one of the principles in every respect. Among them: Ibn al-Subki did not intend to declare opposition in every respect as al-Kurani mentioned, but rather to indicate a more specific meaning, which is that the issue is imposed in considering the status of analogy - in terms of its essence and reality - from the nature of the principles, so there is no problem then; since al-Juwaini considers it outside of it, while it is from it according to Ibn al-Subki.