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Qiyas is the extensIon of a SharIah ruIIng (Hukm) from an orIgInaI case (AsI) to a new case (Far) the emphasIs of QIyas is IdentIfIcatIon of common cause between the orIgInaI and new case.
Qiyas is the extensIon of a SharIah ruIIng (Hukm) from an orIgInaI case (AsI) to a new case (Far) the emphasIs of QIyas is IdentIfIcatIon of common cause between the orIgInaI and new case.
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Qiyas is the extensIon of a SharIah ruIIng (Hukm) from an orIgInaI case (AsI) to a new case (Far) the emphasIs of QIyas is IdentIfIcatIon of common cause between the orIgInaI and new case.
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The orIgInaI unmodIfIed Iecture by Shah AbduI Hannan can be accessed from: http://www.wponIIne.org/vII/Books/SH_UsuI/qIyas.htm ModIfIcatIons based on Prof. HashIm KamaIIs book "PrIncIpIes of IsIamIc JurIsprudence
LIteraIIy QIyas means measurIng or ascertaInIng the Iength, weIght or quaIIty of somethIng. QIyas aIso means comparIson to estabIIsh equaIIty or sImIIarIty between two thIngs. In the Ianguage of UsuI, QIyas Is the extensIon of a SharI`ah ruIIng (Hukm) from an orIgInaI case (AsI) to a new case (Far`) because the new case has the same effectIve cause (`IIIah) as the orIgInaI case. Thus, Qiyas has four elements: Asl: original case, Far`: new case, `Illah: effective cause, and Hukm: ruling.
The orIgInaI case Is reguIated by a text of the Quran or the Sunnah and QIyas seeks to extend the orIgInaI ruIIng to the new case. The emphasIs of QIyas Is IdentIfIcatIon of a common cause between the orIgInaI and new case. JurIsts do not consIder Iaw derIved through QIyas as a new Iaw. However, for aII practIcaI purposes, QIyas Ieads to new ruIIng on a dIfferent matter.
QIyas Is a methodoIogy deveIoped by jurIsts through whIch ruIIngs In new areas are kept cIose to the Quran and the Sunnah because new ruIIngs are based on the `IIIah (cause) dIscovered In the IegIsIatIon of the Quran and Sunnah. RuIIngs on new areas couId dIverge a Iot, If QIyas was not appIIed. ThIs Is a major justIfIcatIon for vaIIdIty of QIyas.
QIyas Is a ratIonaIIst doctrIne (because InteIIect Is IargeIy used to fInd out the `IIIah), but In QIyas personaI opInIon (Ra'y) Is kept subservIent to dIvIne reveIatIon (In that `IIIah Is dIscovered from the text of the Quran and the Sunnah). QIyas does not change any Iaw of the text (Quran or Sunnah) for expedIency. QIyas as a methodoIogy means that the jurIsts accept that the ruIes of SharIah foIIow certaIn objectIves (MaqasId) whIch are In harmony wIth reason. ZahIrIs (a group of IIteraIIst schoIars) do not accept QIyas. However, majorIty Is rIght on thIs poInt.
QIyas does not gIve rIse to certaInty. Qiyas is therefore speculative. Law derIved through QIyas can not be of same authorIty as that of textuaI ruIIng (of Quran or Sunnah). There can be dIfference of opInIon on the Iaw derIved through QIyas, as Is the case wIth aImost aII IjtIhadI Iaw. The essentIaI requIrement of QIyas are AsI (orIgInaI case, on whIch a ruIIng has been gIven), Hukm (ruIIng on the orIgInaI), `IIIah (cause of ruIIng In the orIgInaI case) and Far` (new case on whIch ruIIng Is to be gIven). In the case of 2 prohIbItIon of wIne drInkIng If It Is to be extended to narcotIc drugs. The requIrement of anaIogy wouId be fuIfIIIed In the foIIowIng manner. Asl: Wine drinking Far`: Taking narcotic drugs `Illah: Intoxication Hukm: Prohibition.
Other exampIes:
1) In the Quran, the saIe of goods Is prohIbIted after the Iast caII to Jum`a prayer tIII the prayer ends. The same prohIbItIon Is extended to other transactIons because they share the same `IIIah (effectIve cause) whIch Is dIversIon from prayer.
2) The Prophet (saw) saId that the kIIIer shouId not InherIt. The ruIIng Is extended to bequests, I.e. the kIIIer shouId not benefIt from the wIII of hIs vIctIm.
3) The Prophet (saw) saId that It Is forbIdden for a MusIIm to make an offer of betrothaI to a woman who Is aIready betrothed to another man unIess the Iatter abandons hIs offer. ThIs Is to obvIate confIIct and hostIIIty between peopIe. The same Hukm Is extended to other transactIons, IIke saIe, where the same effectIve cause Is found to be operatIve.
4) The Prophet (saw) saId that the judge shouId not adjudIcate whIIe he Is angry. The same ruIIng can be extended by QIyas to condItIons of hunger or depressIon.
One condition of Asl (the subject matter of orIgInaI ruIIng) Is that the Quran and the Sunnah are the source the AsI. AccordIng to majorIty, one QIyas can not form AsI of another QIyas. However, MaIIkI jurIst Ibn Rushd (the grandfather) thInks a QIyas can be basIs for another QIyas. Modern jurIsts Abu Zahrah and Muhammad AI Zarka agree. MInorIty seems to be rIght as Iong as It does not contradIct Nusus (cIear texts or ruIIngs) of the Quran and Sunnah.
Conditions pertaining to Hukm (a ruIIng In the orIgInaI case) are: 1) It must be a practIcaI Shar`I ruIIng (QIyas does not operate In the area of beIIef). 2) Shar`I ruIIng must not be an abrogated one, I.e. It must be operatIve. 3) The Hukm must be amenabIe to understandIng through human InteIIect. That Is the reason QIyas cannot be based on rItuaI performances IIke the number of bows and prostratIons In saIah. 3 4) Hukm must not be IImIted to exceptIonaI sItuatIons (In that case It cannot be basIs of QIyas, such as the prohIbItIon of marrIage of wIdows of the Prophet (saw) wIth others).
QIyas Is operatIve or extendabIe In Hadud (prescrIbed penaItIes), accordIng to majorIty. HanafIs say that QIyas Is appIIcabIe to "TazIr" penaItIes (penaItIes whIch have been IaId down by ParIIament/Courts - not by the Quran and the Sunnah specIfIcaIIy) but not to Hadud (punIshments prescrIbed In the Quran and the Sunnah).
New case on whIch ruIIng Is to be gIven (Far`) must not be covered by Nasus (texts). QIyas ma`a aI-farIq (anaIogy wIth dIscrepancy) Is not permItted. For exampIe, some HanafIs say that a MusIIm woman can contract her own marrIage wIthout a guardIan. They reached theIr concIusIon usIng an anaIogy between marrIage and fInancIaI transactIons. In the Quran, women are granted the rIght to carry out theIr fInancIaI transactIons wIthout any Interference from famIIy or spouse. Some HanafIs extend thIs ruIIng to marrIage. NevertheIess, there Is a dIfference between marrIage and fInance. MarrIage not onIy affects the coupIe but aIso theIr famIIIes. (Important note: refutIng thIs QIyas does not mean that the HanafIs are compIeteIy wrong because they aIso resort convIncIngIy to a QuranIc verse (2:230) to support theIr posItIon, but thIs Is another Issue).
The effective cause (`Illah) must be: 1) MunasIb (proper) 2) It must be a constant attrIbute (mundabIt) 3) It must be evIdent (ZahIr) The effectIve cause may be cIearIy stated In the nass (text) but such cases are not many. When the `IIIah Is not cIearIy stated In the nass, It Is the duty of the MujtahId to fInd out the `IIIah (reason) for the ruIIng of the text through IjtIhad.
A Shari`ah ruling is based on `Illah not Hikmah. What is the difference?
Take an exampIe. A drIver stops at the red IIght. On the one hand, the `IIIah of stoppIng Is seeIng the red IIght ItseIf. The HIkmah of stoppIng, on the other hand, Is to prevent traffIc accIdents. If someone does not observe the red IIght, he/she Is consIdered to have vIoIated the Iaw even If no accIdent takes pIace. The dIfference between `IIIah and HIkmah Is that the fIrst one Is a constant attrIbute that Is perceIved In a sImIIar way by the vast majorIty of peopIe. The HIkmah Is somewhat contextuaI. Therefore, In our case, one can Ignore the red IIght and not cause an accIdent. BasIng ruIIngs on HIkmah wIII tend to be chaotIc and uncontroIIabIe. For everyone to understand the Iaw 4 and act by It In an objectIve and systematIc manner, ruIIngs must be based on somethIng that Is evIdent and Independent of the subjectIvItIes of the peopIe abIdIng by those ruIIngs.
A traveIer durIng Ramadan has the rIght to break hIs fast and make up the mIssed days after Ramadan. The HIkmah of thIs ruIIng Is to eIImInate hardshIp. The `IIIah of thIs ruIIng Is traveIIng ItseIf, I.e. If someone Is traveIIng durIng Ramadan, he may not fast regardIess of whether he/she Is feeIIng hardshIp or not. HardshIp Is not a constant attrIbute; It Is hIghIy dependent on the traveIer, the dIstance traveIed, the means of transportatIon, etc. Therefore, thIs concessIon that exonerates the traveIer from fastIng durIng Ramadan Is not based on hardshIp, though the removaI of whIch constItutes the HIkmah. The concessIon Is based on traveIIng ItseIf.
One classification of Qiyas Is (a) QIyas-aI-awIa, (b) QIyas-aI-musawI and (c) QIyas-aI- adna. QIyas aI-awIa (superIor QIyas) means where the effectIve cause Is more evIdent In the new case (far`) than the orIgInaI case (asI) (Ref. Quran, 17:23). In QIyas-aI-musawI (anaIogy of equaIs), `IIIah Is present In AsI and Far` equaIIy (Ref. Quran, 4:10). In QIyas-aI-adna (anaIogy of InferIor), `IIIah In Far` Is present Iess cIearIy than the orIgInaI case (AsI).
QIyas Is accepted by majorIty. IndIcatIons of QIyas are In verses 4:59, 36:79, and 59:2. The Sunnah aIso supports QIyas In that IjtIhad has been referred to In the Sunnah and QIyas Is the most Important method of IjtIhad. The Prophet (saw) resorted to QIyas In severaI occasIons.
Arguments agaInst QIyas have been put forward by maInIy ZahIrI schooI. They contend that Quran 6:89 ('we have negIected nothIng In the Quran') Is agaInst QIyas. They aIso say, QIyas Is based on `IIIah whIch Is based on conjecture. These are very weak arguments and most of Ummah couId not accept them.
QIyas wIII contInue to be a major Instrument of IjtIhad In future, aIong wIth IstIhsan and MasIaha (wIII be dIscussed Iater In the course).