QIYAS

2020 – Oct Nov – 21

Q2 (a) - Describe the method used to make a judgment by analogy (qiyas) using the Qur’an and Hadith. Give
examples to support your answer. (10)
(b) Why do you think the Prophet (pbuh) encouraged the exercise of personal reasoning amongst his
Companions? (4)

Qiyas is the 4th source of Islamic Law. It is employed when all other sources i.e., Quran, Sunnah & Ijma are
silent about finding a solution to a new challenging issue after the death of Prophet Muhammad (SAW). Its
literal meaning is measuring by comparing with some set standard or deduction by analogy or comparison. It
is a kind of Ijtihad. Qiyas is the use of human reasoning to compare an existing situation with one for which
the legislation already exists. In Islamic Shariah, it refers to the ability of an individual legal expert to reach
a decision by comparing a new situation (Far) with the principles contained in the Quran and Sunnah (Asl)
when both of them share the same cause (illa). The ruling (hukm) for asl will be extended to the far. So, Asl,
far, illa and hukm are the four components of Qiyas. Imam Abu Hanifa was the first one to use Qiyas as
source of Islamic law.

The Quran has recognized the use of Qiyas. Allah says: ‘Take warning then, O you with eyes.’ (al-Hashr
59:2). Allah also said: ‘There are signs in this for people who understand.’ (Ar-Raad 13:4) These verses
encourage Muslims to understand Quranic verses more deeply in order to apply them on various challenges
they face in today’s time. Prophet (SAW) also encouraged the use of Qiyas in his lifetime. It is reported in
Sunan Abu Dawud that Prophet (SAW) said to Abu Musa Al-Ashari: ‘Judge upon the Book of Allah, if you
do not find in it what you need, upon the Sunnah of the Prophet (SAW) and if you do not find in that,
then use your personal opinion.’

Prophet (SAW) practically showed his companions how to do Qiyas when he allowed a woman to perform hajj
on behalf of his dead mother by comparing the obligation of hajj to the debt which should be paid by heirs.
He also didn’t stop Ali (RA) when exercised his personal judgement and refused to erase and writing,
‘Muhammad (SAW) the Messenger of Allah’ from the treaty of Hudaibiyah on demand of Makkan chiefs. The
Prophet (SAW) didn’t object to Ali (RA)’s refusal as he understood the nobility and wisdom of Ali’s refusal.
Thus, it is clear that Prophet (SAW) allowed his followers to exercise their opinion in such cases.

The companions of the Prophet (SAW) also used Qiyas after the death of Prophet (SAW). Abu Bakr drew an
analogy between the father and the grandfather in respect to their entitlement in inheritance. When the
Companions held a council in the caliphate of Umar (RA) to determine the punishment of wine drinking, Ali
bin Abi Talib suggested that the penalty of false accusation should be applied to the wine drinker, and he
reasoned, by way of analogy, “When a person gets drunk, he raves and when he raves, he accuses falsely”.
He based it on Quranic verse: ‘And those who launch a charge against a chaste woman and produce
not 4 witness flog them with 80 lashes.’ (an-Noor) (Illa is lying and the intoxicated person also lies). The
Shias do not accept the use of Qiyas as they believe that if the solution to a problem cannot be found in the
Quran & Sunnah then aql (reason) should be applied to find a solution from the other three sources. They
use the use of Qiyas as an innovation which can lead to erroneous conclusions regarding the matters of fiqh.

There are many examples to show working out of Qiyas. The Quran commands Muslims to offer Friday prayer
with full devotion. ‘O you who believe! When call is proclaimed on Friday, hasten to the Remembrance
of Allah, and leave off business…’ (al-Jumuah 62:9) The verse (asl) doesn’t mention non business
transactions (Far) but the similarity (illa) is the fact that the believer will be busy in a business or non-business
transaction, he will be distracted from the important congregational prayer. So all transactions e.g. taking
something on rent or holding any meeting or getting married will be postponed & this hukm will be valid for
all times. Another verse (Asl) allows use of clean sand to perform Tayammum in absence of water. ‘And if you
find no water, then take for yourselves clean sand and with it rub your face and hands.’ (Al-Nisa
4:43) Far is that can clean sand be used to remove filth from body or clothes. Here Illa is the ability of clean
sand to provide purity when tayammum is done with it so it can also provide purity to body or clothes as well.
So hukm will be it does provide purity to body and clothes as well. Another example is use of products made
of haram animals skin or hair. Allah says: “Prohibited for you are dead animals, blood and flesh of
swine...” (Surah Maida 5:3) Here asl is that the consuming meat of the pig is Haram. In modern times there
are many products made of skin and hair of pig (far) are available. Through Qiyas we know that as hair and
skin are part of swine (illa) so the products made of pig hair and skin are also forbidden (hukm).

Compiled by: Ayesha Saulat 2023

Another example is Prophet (SAW) said, ‘Whoever eats from garlic and onion tree must not approach
our masjid’. Here asl is that raw garlic & onion shouldn’t be eaten before going to masjid as it distracts people
and angels. Far is going to masjid after smoking. Now illa is both give bad breath which disturbs the people
and angels so the hukm will be extended to far which is to not going to masjid after smoking. Another example
is Prophet (SAW) demonstrated complete method of Wudhu in which all washing acts need to be thorough
and complete. Once he noticed some particles of dried flour on nails of Ayesha (RA) after she had performed
wudhu. He reminded her to perform wudhu again after removing the flour. Based on this asl the new issue
(Far) of nail polishes will be resolved by removing nail polish before doing wudhu.

The Quran/Asl prohibits use of Khamr/wine. “O you who believe, indeed, intoxicants, gambling,
dedication to stones and divining arrows are the filthy works of Satan so avoid it that you may be
successful,” (al Maida, 5:90) Khamr was made by fermenting the grapes. In modern times new ingredients
(Far) were used to make Khamr & this became a serious question for the Muslim jurists. The Prophet (SAW)
already declared, “Every intoxicant is Khamr (an alcohol of garpe) so every intoxicant is Haram” So
Illa will be any substance that can intoxicate like Mirjuana, cocaine etc (Far). So hukm will be to declare all
these Haram.

Qiyas should be based on Quran, hadith or ijma but not on another Qiyas, and it cant be used to disregard a
principle already established by Quran, hadith or Ijma. Qiyas cant work on area of belief. Also it should only
be done by properly qualified person who has thorough knowledge of Quran, hadith & and well versed with
Arabic language.

Compiled by: Ayesha Saulat 2023