Rules of Preference Among the Rational Analogies in Zaydiyyah

Authors

  • Aziz Mohammed Ali Al-Khatri Professor of the Principles of Islamic Jurisprudence (Usul al-Fiqh) and the Objectives of Islamic Law (Maqasid al-Shari'ah); Head of the Department of Shari'ah and Law, Faculty of Applied and Human Sciences, Mahweet University, Republic of Yemen. Author

Keywords:

Preference (tarjih), Zaydiyyah, Rational Analogies

Abstract

This study aims to elucidate the rules of preference (Tarjih) among rational analogies in Zaydiyyah. It examines the concept of preference in both its linguistic and technical senses and analyzes the principles governing the asl (original principle) and its judgment, the ‘illa (effective cause), and the far’ (derivative principle). An inductive, analytical, and descriptive approach was adopted. The discussion addresses three main dimensions: preference according to the ruling of the asl, according to the ‘illa, and according to the far’. The findings indicated that preferences are influenced by several factors identified through Zaydi discussions and their underlying reasoning. Regarding the asl, these factors include the certainty of its ruling, the strength of the evidence, consensus on the abrogation of the ruling, adherence to analogical principles (sunan al-qiyas), and the presence of a specific proof requiring justification. With respect to the ‘illa, determining factors comprise the strength of its chain, the number of usul (original principles) supporting it, the reasoning of the Companions regarding it, and whether it represents a real, established, or apparent attribute. Concerning the far’, the influencing elements include the strength of its connection to the asl, whether it shares the asl in the judgment or in the ‘illa, whether it shares its asl in the ‘illa itself, and the nature of the ruling applied to the subsidiary case.

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Published

2026-08-25

How to Cite

Rules of Preference Among the Rational Analogies in Zaydiyyah. (2026). Al Mahweet University Scientific Journal, 1(2), 84-107. https://journals.mu.edu.ye/index.php/musj/article/view/42