1. AFS2023 USUL FIQH/ISLAMIC JURISPRUDENCE
The Fourth Source of Shariah: Qiyas (Analogical Deduction)
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CONTENTS
DEFINITION
ARKAN OF QIYAS
CONDITIONS PERTAINING TO THE HUKM
CONDITIONS PERTAINING TO THE NEW CASE (FURU’)
CONDITIONS: THE EFFECTIVE CAUSE (‘ILLAH)
VARIETIES OF QIYAS
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DEFINITION
Literally, qiyas means measuring or ascertaining the length, weight, or quality of something. Qiyas also means comparison, with a view to suggesting equality or similarity between two things.
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DEFINITION
Technically, qiyas is the extension of a Shari'ah value from an original case, or asl, to a new case, because the latter has the same effective cause as the former. The original case is regulated by a given text, and qiyas seeks to extend the same textual ruling to the new case.It is by virtue of the commonality of the effective cause, or 'illah, between the original case and the new case that the application of qiyas is justified.
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DEFINITION
A recourse to analogy is only warranted if the solution of a new case cannot be found in the Qur'an, the Sunnah or a definite ijma`.
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ARKAN OF QIYAS
The essential requirements (Arkan) of Qiyas are as follows:
1) The original case (asl), on which a ruling is given in the text and which analogy seeks to extend to a new case.
2) The new case (furu’) on which a ruling is wanting.
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ARKAN OF QIYAS
3) The effective cause (‘illah) which is an attribute (wasf) of the asl and is found to be in common between the original and the new case.
4) The rule (hukm) governing the original case which is to be extended to the new case.
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8. CONDITIONS PERTAINING TO THE HUKM
1) it must be a practical shari’ ruling, for qiyas is only operative in regard to practical matters inasmuch as this is the case with fiqh as a whole.
2) the hukm must be operative, which means that it has not been abrogated.
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9. CONDITIONS PERTAINING TO THE HUKM
3) the hukm must be rational in the sense that the human intellect is capable of understanding the reason or the cause of its enactment, or that the ‘illah is clearly given in the text itself.
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10. CONDITIONS PERTAINING TO THE HUKM
4) it must not be confined to an exceptional situation or to a particular state of affairs.
5) the law of the text must not represent a departure from the general rules of qiyas in the first place.
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11. CONDITIONS PERTAINING TO THE NEW CASE (FURU’)
1) The new case must not be covered by the text or ijma`. For in the presence of a ruling in these sources, there will be no need for a recourse to qiyas.
2) The effective cause of analogy must be applicable to the new case in the same way as to the original case.
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12. CONDITIONS PERTAINING TO THE NEW CASE (FURU’)
3) The application of qiyas to a new case must not result in altering the law of the text, for this would mean overruling the text by means of qiyas which is ultra vires.
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13. CONDITIONS: THE EFFECTIVE CAUSE (‘ILLAH)
Conditions pertaining to the effective cause (‘illah):
1) According to the majority of ulema, the `illah must be a constant attribute (mundabit) which is applicable to all cases without being affected by differences of persons, time, place and circumstances.
2) the effective cause on which analogy is based must also be evident (zahir). Hidden phenomena such as intention, goodwill, consent, etc., which are not clearly ascertainable may not constitute the `illah of analogy.
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14. CONDITIONS: THE EFFECTIVE CAUSE (‘ILLAH)
3) it must be a proper attribute (al-wasf al-munasib) in that it bears a proper and reasonable relationship to the law of the text (hukm).
4) The `illah must be 'transient' (muta'addi), that is, an objective quality which is transferable to other cases.
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VARIETIES OF QIYAS
Varieties of Qiyas:
From the viewpoint of the strength or weakness of the 'illah, the Shafi'i jurists have divided qiyas into three types:
1) 'Analogy of the Superior' (qiyas al-awla). The effective cause in this qiyas is more evident in the new case than the original case.
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VARIETIES OF QIYAS
2) 'Analogy of Equals' (qiyas al-musawi). The 'illah in this type of qiyas is equally effective in both the new and the original cases, as is the ruling which is deduced by analogy.
3) 'Analogy of the Inferior' (qiyas al-adna). The effective cause in this form of qiyas is less clearly effective in the new case than the original case.
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TWO TYPES OF QIYAS
Two types of Qiyas:
1) ‘Obvious analogy' (qiyas jali): the equation between the asl and furu’ is obvious and the discrepancy between them is removed by clear evidence.
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TWO TYPES OF QIYAS
2) `Hidden analogy' (qiyas khafi): The 'hidden analogy' (qiyas khafi) differs from the 'obvious' variety in that the removal of discrepancy between the asl and the furu’ is by means of a probability (zann).
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19. Thank you very much for your attention
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