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Qiyas

Qiyas is a secondary source of Islamic law that involves analogical deduction to apply established laws from the Quran and Hadith to new circumstances. It is defined as the extension of law from an original text to a new case based on shared underlying causes (ʿillah). While it is a valid method for addressing issues not explicitly covered by primary sources, its authority is considered lower than that of the Quran, Hadith, and Ijma.

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3 views17 pages

Qiyas

Qiyas is a secondary source of Islamic law that involves analogical deduction to apply established laws from the Quran and Hadith to new circumstances. It is defined as the extension of law from an original text to a new case based on shared underlying causes (ʿillah). While it is a valid method for addressing issues not explicitly covered by primary sources, its authority is considered lower than that of the Quran, Hadith, and Ijma.

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muhammadravian756
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Qiyas


Secondary sources of Islamic Law
‫قياس‬/analogical
deduction

 In Islamic jurisprudence, Qiyas in Arabic: ‫ )قياس‬is the
process of deductive analogy in which the teachings of the
hadith are compared and contrasted with those of the
Quran, in order to apply a known injunction, to a new
circumstance and create a new injunction. Here the ruling
of the Sunnah and the Quran may be used as a means to
solve or provide a response to a new problem that may
arise. This, however, is only the case providing that the set
precedent or paradigm and the new problem that has
come about will share operative causes (‫ِع ّلة‬, ʿillah). The
ʿillah is the specific set of circumstances that trigger a
certain law into action.
 An example of the use of Qiyas is the case of the ban on
selling or buying of goods after the last call for Friday
prayers until the end of the prayer. (Reference Al- Quran
1. Introduction

Qiyas is the secondary source of Islamic law. All
the four schools of Islamic jurisprudence agree
that in matters which have not been provided
for by, The Quran, Hadith or Ijma, the law may
be deduced from what has been laid down by
any of these three authorities by the use of
Qiyas or analogy.
Meaning

Meaning
(i) Literal
Literally the word Qiyas means measuring,
accord, equality or estimating one thing in
terms of another.

(ii) Legal
It is process of deduction by which the law of a
text is applied to cases by reason of the text.
Definition

According to Hanafis:
“It is extension of law from the original text to
which the process is applied to a particular case
by means of a common Illat or effective cause,
which cannot be ascertained merely by
interpretation of the language of the text.”
Explanation
The root meaning of the 
word Qiyas is measuring,
accord, and equality. As a source of laws it is
defined by the Hanafis as “an extension of law
from the original text to which the process is
applied to a particular case by means of a
common “illat or effective cause, which can not be
ascertained merely by interpretation of the plain
text or the language of the text”.
By Malikis as “the accord of a deduction with the
original text in respect of ‘illat or effective cause of
its law”.
By Shafi’is, as “the accord of a known thing by
reason of the equality of the one with the other in

 In simple and plain language Qiyas is a
process of deduction by which the law of a
text is applied to cases which , though not
covered by the language but are governed by
the reason of the text.
Origin and development of Qiyas

Owing to the ever growing needs of society and
the expansion of Islamic religion beyond the
limited boundaries of Arabia, it was felt that the
rules have to be deduced to meet the dynamic
character of the society.
Validity of Qiyas -
Quran

Although there is no clear point of authenticity of Qiyas
that can be found in the Quran, however there are few
jurists who support Qiyas in the light of the following :
(I) Quranic verses in support of it
Following Quranic verses support the necessity of Qiyas.
Chapter (ayat 39) sūrat l-zumar (The Groups)

Sahih International: And We have certainly presented for


the people in this Qur'an from every [kind of] example -
that they might remember.
Validity of Qiyas -
Ahadith

 Ahadith in support of it
When the Holy Prophet (Peace be Upon Him) Sent
Maaz Bin Jabal to Yemen as governor he said to
him. “How are you going to decide cases Maaz
answered; (by the light of) what is in the book of
God. The Prophet (Peace be Upon Him) next asked;
and if you do not find anything in the Quran to
guide you? “ I will decide in the way the Prophet
(Peace be Upon Him) has been doing; But inquired
the Prophet (Peace be Upon Him) ‘If you do not find
any procedure from me what then’ I will do my best
by exercising my judgment. The Prophet (Peace be
Upon Him) there upon happily agreed.
Elements of Qiyas
 
Qiyas has following elements:
(I) Asl
The original case covered by the text. That is the root
case or even the base upon which the analogy has been
constructed.
(II) Hukm-Al-Asl
The hukm of the original case mentioned in the text.
(III) Illah
The underlying cause of the Hukm, which is determined
by the jurist is called the illah.
(IV) Far
The new case to which the hukm is extended is called
the far or the offshoot.
It is the case which is analogically compared with the asl.
Scope of Qiyas as a
sourceof law

The function of Qiyas is to extend the law of
the text to cases not falling within the purview
of its terms and not to establish a new rule of
law. By application of analogy the law
embodied in a text may be widened generally.
Qiyas has no application to pure inference of
facts which are to be made by the
observations of science.
Nature of its
authority as a source
of 
law
 Qiyas as a source of law do not rank so high
as authority as Quran, Hadith and Ijma does.
The reason is that with respect to analogical
deduction, one cannot be certain, that they
are what the law giver intended.
Examples of qiyas

(i) There is a tradition from the Holy Prophet
(Peace be Upon Him) that says,

“the murderer will not inherit.”

By applying Qiyas the rule is extended to the


bequest and the murderer legatee is prevented
from taking the bequeathed property.
EXAMPLE

( ii) At the time of Friday prayers indulging in
sale is prohibited by Quran. By applying analogy
this hukm is extended to other contracts like
pledging or marriage that may have been
planned at such a time.
QIYAS VS IJMA

 Difference between Qiyas and Ijma
Qiyas is the opinion based on the similitude
(SIMILARTIES) of circumstance, whereas
Ijma is a consensus of learned.
Conclusion

 To conclude , I can, say that Qiyas is a
process of deduction by which the law of a
text is applied to cases which though not
covered by the language, are governed by the
reason of the text. It is subordinate to the
Quran, Sunnah and Ijma and permissible to
meet the changing needs of time.

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