Introductory Paragraph
- Fourth Source Of Islamic Law
- It Is The Deducing Of A Principle From Another Through An Analogy
- The Use Of Qiyas Is Proved;
“…Then Take Admonition O You With Insight”
Conversation Between The Prophet(SAW) And Muaz
- The Hadith Justifies The Use Of Qiyas;
- When Muaz Ibn Jabal, Was Sent As The Governor Of Yeme, The Prophet Asked Him;
(P)“How Will You Reach A Judgment When A Question Arises?”
(M)”According To The Book Of God”
(P)”And If You Find Nothing There In?”
(M)”According To The Sunnah Of The Prophet Of God”
(P)”And If You Find Nothing Therein?”
(M)”Then I Will Ijtihad To Form My Own Opinion”
(P)”Praise Be To Allah Who Has Guided The Messenger Of The Prophet To That Which Pleases The Prophet”
Use Of Qiyas By The Prophet(SAW)
- The Prophet(SAW) Use To Exercise Qiyas To Derive Laws
- Once A Women Came And Said That Her Late another Had The Means But Never Went On Hajj, So She Asked Wether Hajj On Behalf Of The Deceased Was Necessary
The Prophet Replied;
“Don’t You Think That If Your another Had A Debt, You Would Pat It Off For Her?
She Replied Yes
The Prophet Replied;
“A Debt Owed To Allah Is More Deserving Of Being Paid Off.”
Use Of Qiyas By Scholars
- Muslims Scholars Tend To Use The Verses Of The Quran To Use Qiyas
- As Imam Shafi Argues; That When Travelling One Can Determine The Qibla’s Direction By The Sun Or Stars As Allah Has Instructed;
“…Turn Your Face In The Direction Of Al Masjid Al Haram, And Wheresoever You Are, Turn Your Faces Towards It…”
Elements And Methods
- The Scholars Of Islam Have Laid Down The Following Elements As Being Necessary To Perform Qiyas ;
1) The Fundamental Teaching(Asul)
2) The New Situation(Furu)
3) The Linking Cause That Connects Them(‘Illa)
4) The New Judgment Derived(Hukm)
- The Asul Is Compared With The Furu Bases On An Effective Linking Cause(Illa), Which Connects The Asul With The Furu To Derive A Hukm
Examples Of Qiyas(1)
- i) Asul; “The Quran Forbids Sales Transactions After The Jummah Azaan; “O You Who Believe! When The Call For The Friday Prayer Is Heard, Hasten Towards The Remembrance Of Allah, And Leave Of Your Trading…”
- ii) Furu; All Types Of Transactions
- iii) illa; Like Sales Transactions, Others Distract And Delay The Prayer
- iv) Hukm; All Transactions Are Forbidden
Examples Of Qiyas(2)
- i) Asal; The Fundamental Teaching Regarding Intoxication;
“Every Intoxicant Is Khamr So Every Intoxicant Is Forbidden”(Prophet(SAW)) - ii) Furu; LSD, Marijuana, Heroin, etc.
-iii) illa; Intoxication
-iv) Hukm; All Drugs Are Haram
Conclusion
- Asal Must Always Come From The Primary Sources
- It Is To Be Used When No Clear Guidance Is Available, In The Other Sources
