Legal Rationale (Ta’leel), Its Pathways, and Objections According to Imam Al-Mawardi in Al-Hawi al-Kabir: A Foundational Study

Abstract

This study examines legal rationale (Ta’leel) according to Imam Al-Mawardi in Al-Hawi al-Kabir, exploring its definition, legitimacy, pathways (Masalik), and objections (Qawadih). The researcher clarifies Al-Mawardi’s definition of Ta’leel, his stance on its permissibility, and his recognized pathways and objections, comparing them with other scholars' views. Key findings show that Al-Mawardi defines Ta’leel as clarifying the effective cause ('Illah), whether for analogical reasoning (Qiyas) or otherwise, and regardless of whether its appropriateness (Munasabah) is apparent. He aligns with the scholarly majority regarding its legitimacy. Moreover, the pathways and objections he foundationalized or applied to derive legal rulings (Al-Ahkam al-Shar'iyyah) are deemed valid by the majority of scholars.