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Transcript of Qiyas
Extension of Shariah value from the original case, or asl, to a new case, because the latter has the same effective cause (‘illah) as the former.
Basis of Qiyas
No clear authorities of qiyas in the Quran, but scholars of Islamic Law quoted several proofs from the Quran and Sunnah as well as the practice of companions as an indirect evidence to support utilization of Qiyas.
• The original case is ruled by text whether from al-Quran or al-Sunnah and qiyas aims to extend the same ruling to the new case based on the shared ‘illah.
Measuring and ascertaining the length, weight or quality of something
• Qiyas discovers and develops the existing law, but does not create a new law.
• Qiyas has same nature as ijma’ , for it is also an opinion of the learned based on analogy. The difference between these two is
ijma’ is a consensus of the opinions of the learned, whereas
qiyas is an opinion based on similitude of circumstances
O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.
Scholars have reasoned that a dispute can only be referred to Allah and to the Prophet by following the signs and indications found in the Quran and Sunnah.
• One way to achieve is to identify the rationale of the rulings and apply them to disputed matters, in case both issues in question share the same
Indeed, We have revealed to you, [O Muhammad], the Book in truth so you may judge between the people by that which Allah has shown you. And do not be for the deceitful an advocate.
• Based on this verse, a judgement may be based on guidance that Allah has clearly given or on that which bears close similarity to it
Exercising qiyas is considered as following the guidance, which is close or similar to guidance of al-Quran
• For instance, the rationale of law of qisas (retaliation), is to protect life and this is clearly stated in the Quran
Types of Indications in Sunnah
Qiyas is a form of personal reasoning which the Prophet expressly validates in famous Hadith of Mu’az bin Jabal when he was sent to Yemen
There are several evidences in Sunnah of the Prophet which indicate that he resorted qiyas on occasion when he did not receive a revelation on a particular matter.
Pillars of Qiyas
1. The original case (‘asl)
a case about which a ruling is given in the text and analogy seeks to extend it to a new case.
2. The new case (furu’)
on which a ruling is needed and it is the extension of the same ruling which is applied in the original case.
3. The effective cause (‘illah)
which is an attribute of the original case and it is found to be in common between the original and the new case.
4. The rule (hukm)
governing the original case, which is to be extended to the new case
Asl : Gold and silver currency
Furu’ : Banknotes
‘Illah : Being a unit of currency
Hukm : Prohibition of ursury in both
Asl : Devour the property of orphans
Furu’ : Selling the property of orphans
‘Illah : Reduce the property of orphans
Hukm : Prohibition