Qiyas The paper will discuss Legal Islamic Theories.

The Islamic law is taken from Qurn and Sunnah, Ijmaa, Qiyas, and Madhabs. Breifly the paper will discuss each of these techniques with examples and demonstrations; and it will discuss further the history of Islamic jurisprudence and how it evolves, and who played important role in setting those techniques of qiyas and ijmaa. But specifically, the paper will discuss which is the process of analogical reasoning in which the teachings ( qiyas(Arabic of the Quran are compared and contrasted with those of the Hadith. Further, the paper .will mention the Qiyas history with real stories from Sahhaba (prophets friends) era Finally, a controversial issue of sunni and shis view of Islamic Jursprudences will .be raised :Sources http://www.jstor.org/pss/164536 http://www.jstor.org/pss/1051524 http://www.jstor.org/pss/1051528

Abstract: The paper will discuss the Islamic jurisprudence (tashre) it will discuss how Muslims rule and regulate their life and from where they extract these laws. Further it will discuss two categories of jurisprudence; the first is the revelation texts that clearly state Islamic regulations. Secondly, it mentions the solutions of how Muslims deal with issues that is not argued or mentioned in revelation texts; as the jurists says " Texts are finite, and events are infinite, and it is impossible for finite to ."encompass infinite

Islamic Jurisprudence The roots of Islamic law, Usl al-fiqh, are based on revelation. The record of revelation is recorded in literary books which is Qur'n and Sunnah books which are the main sources of sharah. According to Muslims, Qur'n is words that God revealed to Prophet Muhammad in order to be transferred to all Muslims till Youm Al-

Qiyama to follow what is said in it in their life, and it is considered as a religious curriculum to help them not to discourse from the right track. Further, the Sunnah is statements- whether implicit or explicit- and practices of Prophet Muhammad that helps Muslim jurists to judge in vague issues concerning religion. For Muslims all (revelatory texts are ceased by the prophet's death. (Fadel Mohamed, 359 Qur'an's root, as a word, came from the Arabic word qara'a which means to read or recite. It is considered as a proof of the prophecy of Muhammad and an authoritative and legislative guide for Muslims. Qur'an revelation started with ' Read in the name of your lord' (Srat al-Alaq) and ended with the yah ' Today I have perfected your religion for you and completed my favor toward you and chosen Islam as your religion' in srat al-Ma'idah. There are 114 sra and 6235 yah collected in thirty parts in qura'n. Qur'an are explicitly stated and communicated in pure Arabic language. The qur'an was revealed into two distinctive periods, which is the prophet's mission while he was in Mecca and the other is in the period of the prophet's mission in Madinah. The Meccan part mainly discussed the matters of belief and Tawhd (Oneness of God). On the other hand, Madinese part discussed the rules and regulations in various aspects of life. (Kamali, 14-20). Qur'an provided rules and regulations for Muslims. For example it is mentioned in qur'an , ' He only prohibits for you the eating of animals that die of themselves (without human interference), blood, the meat of pigs, and animals dedicated to other than GOD. If one is forced (to eat these), without being malicious or deliberate, he incurs no sin. GOD is Forgiver, Most Merciful' (2:173). Further, it is mentioned in Qur'an the punishments of sins that affect people's life negatively like killing, robbing, illegal marriage. For example, it is mentioned in Qur'an 'The thief, male or female, you shall mark their hands as a punishment for their crime, and to serve as an example from GOD. GOD is Almighty,

Most Wise' (5:38). Sins that don't affect other people like drinking wine and .1(disobeying god, the person will be punished for it in the last day (youm al- qiyamah

Sunnah means a "clear path and it used to involve normative practices or an establish course of conduct". Consequently, prophetic sunnah is the practices and sayings of the prophets. Sunnah is never mentioned in Qur'an but it was mentioned that there is excellent conduct in Prophet Muhammad, which implicitly means the prophet's sunnah. Sunnah is considered by muslims as the legal proof next to the Qur'an.The prophet's sunnah is recorded in literal sentences called Hadith. Hadith is the narration of the conduct of the prophet, while sunnah is the law that is deducted from it. For example, the Hadith is the statement itself "Abu Hurairah narrated that the messenger of Allah said : "Let him who believes in Allah and the Last Day either speak good or keep silent, and let him who believes in Allah and the Last Day be generous to his neighbors, and let him who believes in Allah and the Last Day be generous to his guest. "related by Bukhari and Muslim"; but the sunnah is to speak good or keep silent, be generous to your neighbors and guests. The Sunnah is divided based on the purpose of classification and the point of view of the investigator. The most accepted criteria for sunnah is the subject of matter (matn) and the matter of its transmission (Isnad). Sunnah could be divide into three divisions namely, Verbal (qawli), actual (Fil) and tacitly approved (taqrr). Verbal sunnah could be the sayings of the prophet concerning any subject like zakh. Actual sunnah could include the way the prophet performed prayers, fasting, rituals of hajj, etc Tacitly approved sunnah may be inferred from the prophets silence or lack of disapproval; for example, "two of the companions went on a journey, and when they failed to find water for ablution, they both performed the obligatory prayer with
Principles of Islamic jurisprudence by Mohamed Hashim Kamali p.14-50 1

tayammum, that is, wiping the hands, face and feet with clean sand. Later, when they found water, one of the performed the prayer again whereas the other did not. Upon their return, they related their experience to the prophet, who is reported to have approved both courses of actions". Another way of classifying hadith, that people is concerned more about, is non-legal Hadith and legal. Non-legal Hadith mainly narrates natural activities of the prophet like eating, sleeping, dressing, etc. and other activities that do not constitute part of the sharih. While the hadiths that constitute part of the sharih like rituals of hajj and rules of prayers, is called legal
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.sunnah. So legal sunnah is part of the Islamic jurisprudence just after Qur'an

For Muslims all revelatory texts are ceased by the prophet's death. Further, the revelatory texts are finite and cannot cover the infinite muslims' issues and daily behaviors through different eras. This created a big problem which is "how the Islamic law will regulate events that revelation texts did not provide explicite rule for it?". The Muslims and Islamic jurists rejected the fact that if there are no explicit texts that regulate certain issue, then there is no religious regulation concerning it. But instead, they depended on their rationale and human mind to judge and discover the intended rule made by God concerning the investigated issue (ijtihad). What Islamic jurists did to extend the scope of revelatory texts is general consensus (Ijma') and .(analogical reasoning (qiyas). (Fadel Mohamed, 359 Ijma is the general agreement of the community upon issue. Ijma demands a universal consensus of the muslim scholars in the community although it is difficult thing to obtain. Ijmaa is defined as the agreement of mujtahidun of the Muslim community after the death of the prophet on any matter, not just religious ones. Ijmaa plays an important role in the development of the shariah as it ensures

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the right interpretation of qur'an and sunnah and the legitimate use of ijtihad. Ijma :has some essential requirements in order to be reliable an authentic There should be number of mujtahidin at the time when the issue is encountered (1 .as consensus cannot occur without plurality of agreement upon the issue Agreement of all mujtahidun of the same time upon the same issue is required. (2 .3) The agreement of the mujtahidun must be expressed verbally or through writing All mujtahidun must agree upon the issue and if any one of the mujtahidun did not (4 .agree, no ijma could take place When ijma fulfills above requirements, it becomes obliged on everyone to follow. Further, ijma could never be repealed or canceled; even it cannot be canceled by the mujtahidun themselves. Especially if the ijma' fulfilled all the requirments it cannot be
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.repealed and all other ijma' will be of no account

Qiyas in language means to scale or ascertain weight or length or to compare. Qiyas as a way of Islamic jurisprudence means comparing today's uncovered issues by the revelation texts with other similar covered and discussed by Qur'an and sunnah. Qiyas are only applied to new cases that is not mentioned in qur'an and sunnah or even if it is not agreed upon from mujtahidun (ijmaa), qiyas extend textual rulings to the new cases that is investigated by finding a commonality between both the new case and the Islamic laws and regulations that is constituted before. For example, it is mentioned in the quran (aljumah, 62:9) "O you who believe, when the Congregational Prayer (Salat Al-Jumu`ah) is announced on Friday, you shall hasten to the commemoration of GOD, and drop all business. This is better for you, if you only knew." By analogy, any transaction is prohibited during all prayers, to prevent any diversion from prayers. In qiyas there are important fundamentals must be possessed
By shaaban Ismail p.20-40 Studies around Ijma' and Qiyas 3

by qiyas. The fundementals are: asl (original case), far (the new case), illah (the effective cause), and Hukum (judgment)4. For example, according to Mohamed Fadel in his review to the article "Analogical reasoning in Islamic Jurisprudence", "Qur'an clearly prohibits grape wine but not other intoxicated beverages". Using qiyas, Muslim jurists concluded that wine, bear and taking drugs are prohibited as they intoxicate. And from then, any things that intoxicate are considered as prohibited. In :this case the fundamentals are (asl (original case Grape wine drinking (far(the new case Drugs taking, beer .and wine illah (the effective (cause The intoxicating effect (Hukum (judgment Prohibited

In conclusion, Islamic jurisprudence is divided into two main parts the revelation texts (Qur'an and Sunnah) that clearly explain the rules and regulations of some issues, and the other part is based on ijtihad in which scholars and jurists try to extend the revelation texts to cover other issues that Muslims face day to day (Qiyas and Ijmaa). Further, if none of these jurisprudence techniques are used and applied, something called Istihsan or 'juristic preference' will be applied in which personal opinion will be applied in order to avoid any unfairness or rigidity that could be applied from the enforcement of existing law. As it is mentioned in hadith ' the best .5'for your religion is that which brings ease to the people

Qiyas in Islamic jurisprudence by Nadia El-Emary p.69 4 By Mohamed Kamali p.245-247 Principles of Islamic jurisprudence5

:Citations
.Al- Emary, Nadia. Qiyas in Islamic Jurisprudence. arabic. Giza: Hagr, 1987. Print

(1

Fadel, Mohamed. "Analogical reasoning in Islamic Jurisprudence." Journal of Law and Religion. (2 <Web. 3 May 2009. <http://0-www.jstor.org.lib.aucegypt.edu/stable/1051524 Ismail, Shaaban. studies about ijma and qiyas. arabic. cairo: Nahdet Misr, 1988. Print (3 Kamali, Mohamed. Principles of islamic Jurisprudence. Revised. Cambridge: Islamic text society, (4 .1991. Print