Discussion
Discussion
Discussion Points:
Introduce Qiyas as a fundamental source of Islamic law and its role in Usul al-Fiqh
(principles of Islamic jurisprudence).
Explain Qiyas as "analogical reasoning" and its purpose when explicit guidance is not
available in the Quran, Hadith, or through Ijma (consensus).
Highlight its importance in addressing modern issues where direct textual sources might
not provide answers.
Discussion Points:
Emphasize that all four major Islamic schools (Hanafi, Maliki, Shafi'i, Hanbali) agree on
the use of Qiyas as a tool for reasoning, especially when there is no explicit ruling in
primary texts.
Discuss its scope: Qiyas fulfills the needs of the Muslim community on issues not
directly addressed by the Quran or Hadith.
Compare Qiyas to other methods like Istihsan (equity), Istislah (public good), and
Istidlal (inference), explaining how these aim to uphold justice and public welfare.
Discussion Points:
Discussion Points:
Describe Strict Analogy where the illat or cause is clear and straightforward, and Sound
Analogy where it may not be as evident or could be interpreted.
Discuss Qiyas al-Jalliyy (transparent Qiyas) and Qiyas al-Kaffiyy (forbidden Qiyas):
o Qiyas al-Jalliyy: For example, prohibiting all intoxicants based on the Quran’s
prohibition of wine.
o Qiyas al-Kaffiyy: Cases where Qiyas is limited, like when zakat is specified by
Prophet Muhammad with guidance on giving in kind rather than money.
Discussion Points:
Discussion Points:
Quran-based Example:
o Case: Wine (prohibited in the Quran).
o Illat: Intoxication.
o Application: Since intoxication is the reason, other intoxicants like whisky are
also prohibited.
Hadith-based Example:
o Case: A killer cannot inherit from their victim (Hadith rule).
o Application: Extended to bequests, so a killer is barred from benefitting from
both inheritance and bequests.
Discussion Points:
Slide 9: Conclusion
Discussion Points:
Discussion Points:
Qiyas can be classified into several types based on transparency and strength of analogy:
Qiyas al-Jalliyy: Clear or strict analogy, where the effective cause is obvious.
Qiyas al-Kaffiyy: Sound analogy, where the effective cause is less clear or inferred.
To ensure that Qiyas aligns with Islamic principles, jurists have outlined specific conditions:
1. Alignment with Primary Sources: The analogy must not contradict any Qur'anic verse
or authentic Hadith.
2. Absence of Specific Provision: Qiyas applies only when no specific guidance exists in
the primary sources.
3. Clear Illat: The effective cause should be objectively identifiable and universally
applicable.
4. Conformity to Islamic Law: Analogical deductions must remain consistent with Islamic
values and cannot change the foundational rulings in the texts.
Taqlid (Blind Imitation): Qiyas involves active reasoning based on text, unlike following
opinions without scrutiny.
Tafsir (Interpretation) and Ta'wil (Explanation): While Tafsir and Ta'wil deal with
clarifying text meanings, Qiyas applies principles to cases outside the text.
Example Based on Qur'an: The prohibition of wine, due to its intoxicating effect, is
extended to all forms of alcohol (e.g., whiskey) as both cause intoxication.
Example Based on Hadith: A Hadith ruling excludes a murderer from inheritance;
through Qiyas, this exclusion applies to wills and bequests as well.
Qiyas remains a critical and respected method within Islamic jurisprudence, allowing jurists to
bridge the gap between traditional texts and contemporary issues while adhering to Islamic
principles.