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Qiyas(ٱلْقِيَاسِ) - Coggle Diagram
Qiyas(ٱلْقِيَاسِ)
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Pillars of Qiyas - It is the illah, meaning characteristic with which the hukm shari’(shari’ ruling) revolves around.
The hukm will be found with its presence (illah’s presence) the hukm will cease to exist(will not be found) in its absence. Like the quality of intoxication in the Khamr.
And illah will be recognised in the book of Allah SWT, sunnah, ijma and ijtihad.
- Example of known illah in the Qur’an – frequent visiting this has been made an illah to drop any difficulty in seeking permission in the statement of allah SWT those who frequently visit you some of them are preferred over others. Ease has been made the illah, not to fast for the sick person and travelling. In the statement of Allah SWT – allah SWT intends ease for you and doesn’t intend difficult.
Allah SWT is giving ease to the sick and travelling person.
- Example of a known illah in the Sunnah – this is the joint relaxing because it is made illah for breaking wudu in sleep.
In the statement of Rasool Allah SAW – when he sleeps lying down then his joints loosen
- Example of known illah in the Ijma : being a minor - It has been made an illah, for the guardianship of the father in the right of the minor by the consensus. And the buloogh with intellect, is the illah for the removal of the guardianship of father over the boy by consensus.
- Example of known illah from ijtihad – when you swap two things of the same category for different amounts.
Because it has been made an illah to prohibit riba’ in the hadith of the six things.
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Qiyas is of two types
This is when the ruling in far’ (subsidiary) masail is of the same type(exact same case) as the ruling that has been established in the asl.
Like our statement being a minor is an illah for guardian ship in marriage, in case of young boy. So likewise, the guardianship is also established in the young girl due to the presence of illah in her. And with that the hukm is established in the minor thayyiba as well
The ruling of the subsidiary case is the same type of ruling which has been established in the original. Frequent visiting is the illah, the cause for dropping the need for permission. And from its category, the ruling of prophet SAW in regards to the left over water of the cat.
Al Qiyas – linguistically to estimate, measure.
It is said Measure the shoe with a shoe. Meaning to measure. And it will make it an example for the other.
Technically – it is measuring the subsidiary ruling with the original ruling in terms of the hukm(ruling) and the point the hukm revolves around.
Its ruling – it is an evidence that has been transferred and it is a rational argument. And it is something that makes the hukm apparent and not establishes it