Definition and Meaning
Qiyas
Qiyas (Arabic: ููุงุณ) in Islamic law refers to the process of deducing legal rulings for new cases based on analogical reasoning from the Quran and the Sunnah. It serves to extend existing legal principles to new scenarios that are not explicitly addressed in the primary Islamic texts.
Qiyas involves identifying a known injunction from the Quran or Sunnah (asl) and a new issue (far’). If the underlying cause (illa) of the former applies to the latter, the ruling (hukm) is analogously extended. For example, prohibited items cause intoxication due to their effect on the mind; hence, narcotics are also prohibited based on this analogy.
Etymology and Background
The term Qiyas is derived from the Arabic root letters “qฤf-ya-seen” (ู-ู-ุณ), which mean “to measure” or “to compare.” Historically, qiyas developed as an essential methodology within Islamic jurisprudence to ensure that emerging questions in Islamic societies could be addressed within the framework of Sharia law.
Historical Context
Qiyas played a crucial role in the era of the early jurists, especially during the Abbasid Caliphate as the Islamic empire expanded and encountered diverse cultures and complex issues. The principal Muslim jurist, Imam al-Shafi’i (767-820), made significant contributions to formalizing qiyas as a fundamental jurisprudential tool in his work “Al-Risala.”
Cultural Variations and Scholarly Viewpoints
While qiyas is accepted across the major Sunni madhabs (Hanafi, Maliki, Shafi’i, and Hanbali) as one of the primary sources of Islamic law alongside the Quran, Sunnah, and ijma (consensus), the Jafari Shia school gives prominence to aql (reason) over qiyas. Other terms and methods such as istihsan (juristic preference) and istislah (public interest) are seen by some scholars as elaborations or corollaries of qiyas, stressing flexibility in applying analogical reasoning.
Exciting Fact
The lively debates over the legitimacy and extent of qiyas play into a broader dialectic in Islamic scholarship about how strictly to adhere to textual sources versus accommodating reason and public welfare in jurisprudential rulings.
Quotations
Imam Al-Shafi’i stated: “When an event for which no ruling can be found in the Quran or Sunnah confronts a jurist, he may employ reason to find a ruling based on the closest analogue within the Sharia.”
References and Additional Literature
- Hallaq, Wael B. A History of Islamic Legal Theories: An Introduction to Sunni Usul al-Fiqh. Cambridge University Press, 1997.
- Schacht, Joseph. An Introduction to Islamic Law. Oxford University Press, 1964.
- Weiss, Bernard G. The Search for God’s Law: Islamic Jurisprudence in the Writings of Sayf al-Din al-Amidi. University of Utah Press, 1992.
- Kamali, Mohammad Hashim. Principles of Islamic Jurisprudence. Islamic Texts Society, 2003.
Quiz
Inspirational Thought-Provoking Farewell
As we delve into the intricacies of Qiyas and understand its vital role in Islamic law, we are reminded of the necessity for intellectual diligence and compassion in addressing societal issues through a rooted yet adaptive approach. This journey through the profound wisdom of our jurists extends our vision, encouraging us to always seek harmony between tradition and the novel.
โ Ibrahim Mahmoud
