Please enable JavaScript.
Coggle requires JavaScript to display documents.
Qiyās (Analogical Reasoning) - Coggle Diagram
Qiyās (Analogical Reasoning)
Definition
Linguistically
Measuring or ascertaining the length, weight or quality of something.
Comparison, suggesting equality or similarity between two things
Technically
The
extension
of a Shariah value (hukm) from an original case (asl), to a new case (far'), because the latter has the same effective cause ('illa) as the former.
Only warranted when the solution to the new case cannot be found in the nusus.
An extension of existing law, not new law. It is less than justified to call Qiyās a
masdar
, rather, it is an proof (hujjah) or an evidence (dalil).
Qiyas takes it for granted that Sharia follows certain objectives (maqasid)
only gives speculation evidence
Requirements (أركان)
أصل
The original case (asl), on which a ruling is given in the text, which qiyās seeks to extend.
Conditions
Must be from Quran, Sunnah or Ijma'
Ikhtilaf on Qiyas as the basis for another Qiyas
Raajih: Permitted (Ibn Rushd)
Not permitted (al-Ghazali)
فرع
The new case (far') which needs a ruling
Conditions
New case must not be covered by the text or ijma.
Some Hanafis and Malikis have resorted to this in speculative cases.
Illah must be applicable to new case in the same way as the original case. (Substantial similarity between cases)
Application of Qiyas must not amount to altering the law of the text, or overruling it
علة
The effective cause ('illah) which is an attribute (wasf) of the asl.
Conditions
حكم
The rule (hukm) governing the original case which is to be extended to the new case.
Conditions
Must be a practical shar'i ruling which comes from Quran, Sunnah or Ijma (a hukm based on, say, a general maxim, is invalid)
Must be operative and not abrogated.
Hukm must be rational; i.e. the 'illah is graspable by the intellect, or clearly given in the source itself (This excludes matters like ibadat.)
Must not be a hukm for an exceptional state of affairs
Must not be qiyas on something which is a departure from general rules - like a rukhsa. But the shafi'is permit qiyas on the exceptional when applied correctly.
Rational ahkam (al-ahkam al-ma'quulah)
Majority & Imam Abu Hanifa
All the nusus of Sharia are rational and their causes can be ascertained except where it is indicated that they fall under the rubric ibadat.
Zahiris & Uthman al-Batti
The effective causes cannot be ascertained unless the nusus themselves mention it.
Ibn Hazm
Do not deny that that there are causes to some laws, but firmly deny that all the ahkam of sharia can be explained and rationalized in terms of causes. "How and why" not applied to God. Justification and ta'lil is for one who is weak and compelled. Hence, anyone who poses questions and searches for the causes of God's injunctions defies God and commits transgression.