QIYAS

Definition: Qiyas is the legal method of deducing one principle from another by comparing them together.

Conditions: It is only applicable when the primary sources i.e. The Holy Quran and the Sunnah of the Holy Prophet
(P.B.U.H) are silent on a particular matter and even it has not been decided by the legal experts through their
consensus (Ijma). It is always in line with the primary sources therefore it is the extension of primary sources.

Importance: Qiyas is the fourth and secondary source of Islamic law.The purpose of Qiyas is to facilitate modern
Muslims to fashion their lives according to Islam with the changing world.

Approval by Quran: The approval of Qiyas is found in the Holy Quran and Sunnah. The Holy Quran supports qiyas in
the following words: “O you who believe, obey Allah, and obey the Messenger and those charged with authority
among you and if you differ in anything among yourselves, then refer it to Allah and His Apostle if you believe in
Allah and the Last day.’’In the above verse if you differ in anything among yourselves, then refer it to Allah and His
Apostle shows that the Holy Quran has allowed Muslims to make new laws through Qiyas by consulting the primary
sources.

Many jurists saw the justification of Qiyas in the following verse of the Holy Quran:“Marry woman of your choice, two
or three or four, but if you fear that you shall not be able to deal justly, then only one.”Here a man himself will know
whether he can deal justly, by exercising his own personal judgment.

Approval by Hadith: We have also been allowed to exercise Qiyas by the Sunnah of the Holy Prophet (PBUH) as well.
When the Holy Prophet (P.B.U.H) sent Mu’adhIbnJabal as judge to the Yemen, he asked him,

‘How will you reach a judgment when a question arises?’ Mu’adh replied, “according to the Word of Allah”. ‘And if
you find no solution in the Word of Allah?’ ‘Then according to the Sunnah of the Messenger of Allah.’ ‘And if you
find neither solution in the Sunnah nor in the Holy Quran?’ ‘Then I shall take a decision according to my own
opinion.’

The Holy Prophet (P.B.U.H) appreciated his answer which means he (PBUH) approved the use of personal judgment
i.e. Qiyas.

Similarly, at the time of Treaty of Hudaibiya, when at the insistence of the representative of Mekkans, the Holy Prophet
(PBUH) asked Hazrat Ali(the scribe of the treaty) to change his name from Muhammad (PBUH), the Prophet of Allah
to Muhammad Ibn Abdullah (PBUH).Hazrat Ali however, did not obey out of the respect for his dignity, and the Holy
Prophet (PBUH) made no objection to this exercise of Hazrat Ali’s personal judgment.

There are four elements of Qiyas:

• ASL: (root) is the fundamental teaching mentioned in the holy Quran or Sunnah.
• FAR: (branch) is the new matter in question for which a law is required.
• ILLAT: (reason) is the linking cause between ASL and FAR.
• HUKM: (order/judgment) is the rule deduced from ASL.

Examples of Qiyas derived from the Holy Quran:

The Holy Quran forbids sales transaction after the call to prayer on Friday as it says, “O you who believe! When the
call for prayer is proclaimed on Friday, hasten earnestly to the remembrance of your Lord and leave off business”
(ASL). Therefore, by analogy all kinds of transactions like online business transactions (FAR’) have been forbidden
(HUKM) because like sales, they distract Muslims from Friday prayer (ILLAT).
The Holy Quran forbids the use of Khamr, an alcohol of grapes (ASL) in the following words, “O you who believe,
intoxicants (wine) and games of chance and (sacrificing to) stones set up and (divining by) arrows are only an
uncleanness, the devil's work; so shun it that you may succeed” (ASL). By analogy heroin and other intoxicants (FAR)
are also banned (HUKM), because like Khamr (wine) (ASL) they also cause intoxication (ILLAT).

The Holy Quran mention the relations with whom marriage is forbidden in the following words, “Prohibited to you
are your mothers, daughters, sisters, father’s sisters, mother’s sisters, brother’s daughters, sister’s daughters, foster
mothers, foster sisters, your wives’ mothers” (ASL). Thus, by analogy marriage between a person and his
grandmother and granddaughter (FAR) is forbidden (HUKM) because they have the same sanctity of relationship
(ILLAT) which is enjoyed by the relations mentioned in the above verse.

The Holy Quran explains that in case of death the property of a person is shared by his parents and next of kin (ASL)
i.e. ‘It is prescribed, when death approaches any of you, if he leaves any goods, that he should make a bequest to
parents and next of kin’ (ASL). Therefore, by analogy it has been decided that if a father dies before his son, when
the son himself dies then the grandfather (FAR) will share that property (HUKM) as he is part of kin (relatives)
(ILLAT).

Examples of Qiyas derived from Hadith:

Drugs like heroin (FAR) were not found during the time of the Holy Prophet (PBUH), so nothing directly was said
about them, however the Holy Prophet (PBUH) has said, “Every intoxicant is Khamr, so every intoxicant is Haram”
(ASL). Since these drugs are highly intoxicating (ILLAT), they are all declared forbidden (HUKM) through Qiyas

The Holy Prophet (PBUH) chose Hazrat Abu Bakr as the leader of the prayers and the Pilgrimage(ASL). So when the
community needed a Khalifa (FAR) they chose him as the first Caliph (HUKM) because his leadership qualities (ILLAT)
had been approved by Hazrat Muhammad (PBUH).

Likewise, a Hadith says that if one’s nails are coated with flour (ASK), the wudhu is not complete. This raises a
question whether wudhu is acceptable with nail polish or not (FAR)? Since both, flour and nail polish prevent water
from reaching the nails (ILLAT), thus by analogy Wudu over nail polish is not acceptable (HUKM).

Holy Prophet (PBUH) discouraged the person from entering a mosque who had eaten garlic and onion (ASL). He
ordered this because garlic plant has a bad odour (ILLAT). Then a new question arose whether a Muslim can enter a
mosque after smoking (FAR). Thus, by analogy a Muslim should not enter a mosque (HUKM) because it also creates
bad smell just like garlic (ILLAT).

PROBLEMS OF QIYAS
It is a weak source of Islamic law because it is one man’s opinion.Thus it is not reliable.

One can make mistakes in deriving the common cause i.e.illat and so he can make incorrect laws. Thus it may cause
disunity among the Muslim Ummah.

It does not have the same broad support from a revelation as in the case of the first two sources i.e. the Holy Quran
and Sunnah which are primary and Divine therefore the most perfect. Similarly, It also does not have the unanimous
agreement from legal experts as in the case of the third source (Ijma). Therefore, Qiyas is a weak source of Islamic
law as compared to other sources and is only performed when the first three sources are silent.

According to many Muslims, Quran is enough as a source of Islamic law and thus no other source including Qiyas is
not needed.

According to Shia Muslims “Aqal” is better than Qiyas. Although it is one-man opinion but it is made by descendants
of the Holy Prophet (PBUH) who are innocent and sinless. Thus they can’t make mistakes however ordinary scholars
are vulnerable to mistakes.