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Wajih Uddin

on 6 February 2013

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Transcript of Qiyas

Qiyas Definition Sources of Law Components of Qiyas Asl Far'a Illat
HUKUM Examples Definition Scholars disagree Extension of Shariah value An original case (Asl) A new case (Far'a) ILLAT (reason) Drugs Friday Prayers Examples from Quran &Sunnah Firstly it refer to the source such as Quran
or Sunnah Secondly is the subject matter of that ruling Example, prohibition of wine in the quran, is
both asl source and subject matter Incident or case whose ruling is sought
by recourse to analogy. 3 conditions have to be met:
1. New case must not be covered by the text or
2. Effective cause of analogy must be applicable
to new case in same way as original case
3. Application of Qiyas to new case must not
result in altering the law of the text It is the most important. 5 conditions are attached
1. Must be constant attribute which is applicable to all
2. The effective cause on which analogy is based must
also be evident
3. Proper and reasonable relationship to the law of the
4. Objective quality which is transferrable to other
5. Must not counter or alter the law of the text It is a ruling such as a command or a
prohibition which Is dispensed by the Quran,
Sunnah and Ijma. Follwing conditions should be met:
1. Practical shar’i ruling
2. Hukm must be operating
3. Hukm must be rational
4. Not confined to exceptional situation CONTEMPORARY APPLICATIONS OF QIYAS There is a tradition from the Prophet (p.b.u.h.) that says: “The murderer will not inherit.” Banknotes A tradition from the Prophet (p.b.u.h.) says: “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.” Measure Compare Linguistic Shara'i Something which is not known from Quran and Sunnah [Far']
is compared with something whose ruling is is found from the Quran and Sunnah [illat]when there is a similarity between them. Authourity When there is no ruling present from Quran and Sunnah, Ijma as well as the statements of the Companions (Sahabah) Qiyas is used. Imam Shafai
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