Literally, Qiyas means measuring or ascertaining the length, weight, org quality of something.
Technically, qiyas is the extension of a shari’ah value from an original case, (asl) to a new case, because the latter has the same effective cause as the former.
The original case is regulated by a given text, and qiyas seeks to extend the same textual ruling to the new case. It is by virtue of the commonality of the effective cause (‘illah), between the original case and the new case that the application of qiyas is justified.
It would be useful to start by giving a few examples.
It would be useful to start by giving a few examples.
1. The Quran (al-Jumu’ah. 62;9) forbids selling or buying goods after the last call for Friday prayer until the end of the prayer. By analogy this prohibition is extended to all kinds of transactions, since the effective cause, that is, diversion from prayer, is common to all.
2. The prophet is reported to have said, ‘The killer shall not inherit (from his victim).’ By analogy this ruling is extended to bequests, which would mean that the killer cannot benefit from the will of his victim either.
The essential requirements of qiyas which are indicated in these definitions are as follows:
1. The original case (asl), on which a ruling is given in the text and which analogy seeks to extend to a new case. The new case (far’) on which a ruling is wanting.
2. The effective cause (‘illah) which is an attribute (wasf) of the asl and is found to be in common between the original and the new case.
3. The rule (hukm) governing the original case which is to be extended to the new case.
To illustrate these, we might adduce the example of the Quran (al-maidah, 5;90), which explicitly forbids wine drinking. If this prohibition is to be extended by analogy to narcotic drugs, the four pillars of analogy in this example would be:
To illustrate these, we might adduce the example of the Quran (al-maidah, 5;90), which explicitly forbids wine drinking. If this prohibition is to be extended by analogy to narcotic drugs, the four pillars of analogy in this example would be:
Asl : wine drinking.
Far’ : taking drugs.
‘illah : the intoxicating effect.
Hukm : prohibition.
A) HUKM:
Far’ : taking drugs.
‘illah : the intoxicating effect.
Hukm : prohibition.
A) HUKM:
1. It must be a practical shar’i ruling, for qiyas is only operative in regard to practical matters inasmuch as this is the case with fiqh as a whole.
2. The hukm must be operative, which means that it has not been abrogated.
3. The hukm must be rational in the sense that the human intellect is capable of understanding the reason or the cause of its enactment, or that the ‘illah is clearly given in the text itself.
4. The fourth requirement concerning the hukm is that it must not be confined to an exceptional situation or to a particular state of affairs.
5. And lastly, the law of the text must not represent a departure from the general rules of qiyas in the first place.
2. The hukm must be operative, which means that it has not been abrogated.
3. The hukm must be rational in the sense that the human intellect is capable of understanding the reason or the cause of its enactment, or that the ‘illah is clearly given in the text itself.
4. The fourth requirement concerning the hukm is that it must not be confined to an exceptional situation or to a particular state of affairs.
5. And lastly, the law of the text must not represent a departure from the general rules of qiyas in the first place.
B) FAR’:
1. The new case must not be covered by the text or ijma’.
2. The effective cause of analogy must be applicable to the new case in the same way as to the original case.
3. The application of qiyas to a new case must not result in altering the law of the text, for this would mean overruling the text by means of qiyas which is ultra vires.
2. The effective cause of analogy must be applicable to the new case in the same way as to the original case.
3. The application of qiyas to a new case must not result in altering the law of the text, for this would mean overruling the text by means of qiyas which is ultra vires.
C) 'Illah:
1. According to the majority of ulama, the ‘illah must be a constant attribute (mundabit) which is applicable to all cases without being affected by differences of persons, time, place and circumstances.
2. As ready stated, the effective cause on which analogy is based must also be evident (zahir).
3. The third condation of ‘illah is that it must be a proper attribute (al-wasf al-munasib) in that it bears a proper and reasonable relationship to the law of the text (hukm).
4. The ‘illah must be ‘transient’ (muta’addi), that is, an objective quality which is transferable to other cases.
5. And finally, the effective cause must not be and attribute which runs counter to, or seeks to alter, the law of the text.
2. As ready stated, the effective cause on which analogy is based must also be evident (zahir).
3. The third condation of ‘illah is that it must be a proper attribute (al-wasf al-munasib) in that it bears a proper and reasonable relationship to the law of the text (hukm).
4. The ‘illah must be ‘transient’ (muta’addi), that is, an objective quality which is transferable to other cases.
5. And finally, the effective cause must not be and attribute which runs counter to, or seeks to alter, the law of the text.
-by mr. Tarek Sidi-
