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The Understanding Of Al-Qiyas

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Lailatul Nisha Nachiar

on 1 December 2014

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Transcript of The Understanding Of Al-Qiyas

The Understanding Of Al-Qiyas
Proofs (Hujiyyah) & Examples
Qiyas is supported with the Quranic verse, the traditions of Prophet Muhammad and the statements of his companions
Continued
The process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quraan, in order to apply a known injunction (nass) to a new circumstances and create a new injunction.

Varieties of Qiyas
The Shafi'i jurists have divided qiyas into three types:
Analogy of the Superior
(Qiyas Al-Awla)
Analogy of Equals
(Qiyas Al-Musawi)
Analogy of the Inferior
(Qiyas Al-Adna)
Pillars of Qiyas
Definition of Al-Qiyas
By the statements of the Companions
Qiyas also occurred on the punishment that should be given to a drunkard, Sayyidna Ali concluded by saying:” He who drinks, get drunk; he who get drunk, raves; he who raves, accuses people falsely and he who accuses people falsely should be given eighty strokes of cane. Therefore he who drinks should be given eighty stroke of cane”.
By the traditions of Prophet Muhammad
The Prophet also has drawn analogy such as:
By Quranic Verse
The Qur’an provides indications call for recourse to Qiyas. Almighty Allah has said in Surah Hasyr (59: 2),
“Think deeply, O ye who are understanding”

‘Think deeply’ in this context means attention to similitude and comparison between similar things.
The people of understanding referred to in this verse must use their common sense to deduce Islamic Law.

The Pro-Qiyas
“The Prophet sent Muadh Bin Jabal to Yemen as their Judge and governor. Before Muadh left the Prophet, he asked the latter on what basis he would judge if he was confronted with a problem. Muadh said that he would judge on the basis of the contents of the Quran. The Prophet asked him: “Assuming that you do not find it in the Quran, on what basis would you judge?” Muadh said he would judge on the basis of the Sunnah of The Prophet. The Prophet also asked him: “Assuming you do not find it in both the Quran and the Sunnah of the prphets, on what basis would you judge”, Muadh Bin Jabal replied that he would use his own individual judgement. And the Prophet Muhammad was very happy to hear this statement”.
“0 you who have attained to faith! When the call to prayer is sounded on the day of congregation (Friday), hasten to the remembrance of Allah, and leave all worldly commerce:
this is for your own good, If you but knew it. And when the prayer is ended, disperse freely on Earth and seek to obtain Allah’s bounty; but remember Allah often, so that you might attain to a happy state!’
(al Jummah: 9-10)

The application of Qiyas for this example would be for any other activity besides commerce. This is because the Iilah (missing the Jummah prayer) occurs due to these activities as well. Therefore, working, playing, eating, etc. are prohibited in the time of Juma’a because all of these activities prevent Muslims from performing the Juma’a prayer.
The analogy of hajj and dayn was regarding the obligation of the death mother towards his alive son.
The Prophet SAW said,
“If she were under debt would you pay it back on her behalf?” The son replied: “Yes”. Then the Prophet said:”Then pay the debts of Allah for these have the highest priority.”
Another interesting example of analogical deduction is that of the Qiyas and Ijtihad by Sayyidna Umar, the second Caliph:
He asked the Prophet whether a kiss during the fast vitiates the fast even though no orgasm is reached. The Prophet posed a question: “Does rinsing one’s mouth vitiate the fast?” Umar replied: “No, it was all right to do so.” So the Prophet indicated that the fast is similarly not vitiated by a kiss if it is not accompanied by an orgasm.
During the life time of the companions’ of the Prophet, the companions arrived at various decisions on analogical deductions. As for example, where there arose of a problem about the appointment of a Caliph after the death of the Prophet. Before reaching an Ijma’ on Abu Bakr’s Caliphate, the Prophet’s choice of Abu Bakr as spiritual leader to act an Imam in congregational prayers was the comparative basis for the selection of Abu Bakr as the temporal Leader.
This examples shows that the Companions pledged their fealty (bay`ah) to Abu Bakr on the strength of the analogy that `Umar drew between two forms of leadership: 'Umar had asked the Companions, `Will you not be satisfied, as regards worldly affairs, with the man with whom the Prophet was satisfied as regards religious affairs?' And they agreed with 'Umar, notwithstanding the fact that the issue of succession was one of the utmost importances.
Continue..
Furthermore, Abu Bakr drew analogy between prayer and
zakat in order to impose the payment of zakat towards mani’ zakat.
Abu Bakr drew analogy between leadership in legal affairs (prayer) and leadership in politic in order to select him as the first caliph.

The Prophet SAW said: “A believer is a brother to his believer, therefore, it is not permitted for a believer to make a proposal (for marriage) where the proposal of his brother is still pending, or to make an offer of sale where his brother’s offer is pending.”

The underlying cause or ‘illah is causing harm to another’s interest.
This hadith does not mention the hiring of services or property.
The proscription (banning) can be extended to hire through analogy.
Logical Syllogism

Logical Analogy

Means a body of statements
based on a number of cases, which in turn has to be based on another body statements, one exceptional and other conjunctive

One of the sources according to which the jurist perceives and identifies legal rulings.
Abul-Husayn Al-Basri : (Al-Mu`tamad) “It is establishing a law concerning an incident based on a clear injunction passed on another previous incident, so long as they share the same effective cause”

The extension of the Shariah value from an original case to a new case, Because the latter has the same effective cause as the former.
In Islamic Jurisprudence
Sunni Jurist:
Is authoritative with certainty.

Original Case (Asl)
Value (Hukm)
New Case(Far')
Effective Cause (Illah)
Asl
A particular ruling founded
in the Quran or the Sunnah.
For example, the prohibition of wine among Muslim is stated clearly in both sources.
The wine is called Asl. Majority jurists said one qiyas may not constitute(establish/found) the Asl of another qiyas.

Hukm
Is the original hukm for the asl as stated in the sources.

For example, wine is clearly prohibited in both sources.
If the hukm is not available in the sources, then Qiyas cannot be attempted.
The hukm must not be abrogated, rational in the sense that the human intellect is capable of understanding the reason behind the prohibition, and must not confined to an exceptional situation.
Far'
The new case that the jurists want to know the hukm since it is not stated in the sources.

For example the hukm of taking drug.
The new case should not be covered before by the sources or the Ijma’.
The effective cause of analogy must be applicable to the new case in the same way as to the original case.

Illah
The cause(reason) that determine the hukm for the original case.
For example, wine is prohibited because of intoxication and it can bring harm to the drinker.
The hikmah of the prohibition is to avoid the social problem, accident, etc.
The ‘illah on which analogy is based must be evident and cannot be hidden or not clearly ascertainable, must be constant attribute, and must be transient (brief) and not confined to the asl only.
The ‘illah should be determined by consensus. Identifying the ‘illah involves intellectual exertion (effort).
Qiyas Al-Awla
Where the ‘illah is more evident
in the new case than the original case
Qiyas Al- Musawi
Illah in this type of qiyas is equally effective in both the new and the original case.

"Lashing & beating them more obvious than verbal abuse"
(Al-Isra: 23)
Qiyas Al-Adna
The ‘illah is less effective in
the new case than the original case.

Qiyas Jaliy (Obvious)
Qiyas Kahfi (Hidden)
When the underlying cause can be discovered with relative ease and jurist does not have to ponder too much over the attributes of the ‘illah.

When the ‘illah is less
apparent and the jurist has to expend considerable effort to discover it.

Nurliyana Zulkefli
Nabilah Baharuddin
Lailatul Nisha Nachiar Bt Mohamed Hussain
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