Chapter 3 - Analogical Reasoning - Qiyas

Usul Fiqh: THE RULE OF QIYAS: ITS MEANING... http://ufaoil.blogspot.com/2008/02/rule-of-qiyas-i...
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USUL FIQH
ISLAMIC JURISPRUDENCE - THE COLLECTION OF ARTICLES FOR ISLAMIC
J U R I S P R U D E N C E I I , L L M - A D M I N I S T R AT I O N O F I S L A M I C L AW, I N T E R N AT I O N A L
I S L A M I C U N I V E R S I T I O F M A L AY S I A . S E S I O N 2 0 0 7 / 2 0 0 8 . T H E A R T I C L E S A R E
G I V E N B Y O U R L A C T U R E R A N D C L A S S P R E S E N T E R G R O U P.
BLOG ARCHIVE S U N D A Y, F E B R U A R Y 1 0 , 2 0 0 8
▼ 2008 (4) THE RULE OF QIYAS: ITS MEANING,

▼ February (4)
JUSTIFICATION, TYPES, SCOPE, APPLICATION,
▼ Feb 10 (4)
FEASIBILITY AND REFORM PROPOSALS
THE RULE OF
By:
QIYAS: ITS
MEANING, (Group A²KR²)
JUSTIFICATIO Abas bin Nordin
N, TYP... Arik Sanusi bin Yeop Johari
Ku Hayati binti Ku Haron
FEASIBILITY OF
Rihaida binti Rafie
IJMA
Roziza binti Sidek
Al-Adillah
al-Ahkam
al-Shar`iyyah
Table of Contents:-
INTRODUCTION
TO USUL
Definition
AL-FIQH
Proof and Justification of Qiyas
Classical Examples
Elements of Qiyas
Types of Qiyas
ABOUT ME
Arguments against Qiyas
LLMAOIL
Scope and Subject Matter of Qiyas
VIEW MY COMPLETE Application of Qiyas in Malaysia
PROFILE Feasibility of Qiyas
Reform Proposals
Conclusion
Definition of Qiyas
Literally;
Qiyas means measuring or ascertaining the length, weight or quality of
something.Scales are called miqyas. Example; the cloth was measured by
the yardstick.
Qiyas also means comparison – equality or similarity between two things.

Example: Zaid compares with Khalid in intelligence and descent.
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Technically; Qiyas is an extension of a Shari'ah value from an original case

(asl) to a new case, because the latter has the same effective cause (illah)
as the former.
The original case is ruled by the Quran or Sunnah and qiyas aims to
extend the same ruling to the new case based on the same illah.
The Basis of Qiyas
No clear authorities of qiyas in the Quran.

However, the Scholars quoted several proofs from the Quran and Sunnah
as well as the practice of the Companions as an indirect evidence to
support the utilization of qiyas:
1. Surah al-Nisa’ 4:59

“… then if you quarrel of anything, refer it to Allah and the Messenger…”
The Scholars have reasoned that a dispute can only be referred to Allah
and the Prophet by following the signs/indications found in the Quran
and Sunnah.
One way of achieving this is to identify the rationale of the rulings and
apply them to disputed matters, in case both issues in question share the
same rationale = Qiyas
2.Surah al-Nisa’ 4:105
“We have sent to you the book with the Truth so that you may judge
among people by means of what Allah has shown you”.
Based on the above verse, a judgment may be based on the guidance that
Allah has clearly given or on that which bears close similarity to it.
Thus, exercising qiyas is considered as following the guidance of the
Quran.
The Quran specifies the rationale of its law either explicitly or by reference
to its objectives.
The rationale/objectives as guidelines to new cases.
3. Qiyas is a form of personal reasoning (ijtihad) which the Prophet SAW

expressly validates in the famous Hadith of Muaz bin Jabal when he was
sent to Yemen.
4.A woman came to the Prophet SAW and said that her father had died
without performing the hajj. Will it benefit him if she perform the hajj on
the father’s behalf? The Prophet told her: “Supposing your father had a
debt to pay and you pay it on his behalf, would this benefit him?”
To this her reply was affirmative and the Prophet said, “The debt owed to
Allah merits even greater consideration”.
5. The Companions of the Prophet SAW also utilized qiyas in deducing the
rulings of Fiqh For example; Abu Bakr drew an analogy between the
father and the grandfather in respect to their entitlement in inheritance.
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6. When the Companions held a council to determine the punishment of

wine drinking, Ali bin Abi Talib suggested that the penalty of false
accusation should be applied to the wine drinker, and he reasoned, by way
of analogy, “When a person gets drunk, he raves and when he raves, he
accuses falsely”.
Classical Examples of Qiyas
1. The Quran forbids selling or buying of goods after the last call for Friday
prayers until the end of the prayer as stated in Surah al-Jumuah 62:9.
By analogy, this prohibition is extended to all kinds of transactions and

activities such as agricultures, administrations and others.
Cont’d
2. The Prophet SAW said in a Hadith that, “The killer shall not inherit
(from the victim)”. By analogy, this ruling is extended to bequests
(wasiyyah), which would implicate that the killer cannot benefit from the
will of his victim.
3.According to a Hadith, it is forbidden for a man to make an offer of

betrothal to a woman who is already engaged to another man unless the
latter discontinues the relationship or has totally abandoned his offer. The
illah is to avoid conflict and hostility among people. By analogy, the same
rule is extended to all other transactions in which the same illah is found
to be operative.
The Pillars of Qiyas
The original case (asl), on which a ruling is given in the text and analogy
seeks to extend it to a new case.
The new case (far’), on which a ruling is needed.
The effective cause (‘illah), which is an attribute (wasf) of the original case
and it is found to be in common between the original and the new case.
The rule (hukm), governing the original case which is to be extended to
the new case.
Illustration
Prohibition of wine drinking based on Quranic verse in Surah

Al-Maidah:90
Asl – wine drinking

Far’ – taking drug
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‘Illah – intoxicating effect

Hukm - prohibition
Application of Qiyas
Conditions of the Asl
In Arabic, asl has two meanings:

(i) Source – such as Qur’an and Sunnah.
(ii) Subject matter of a ruling.
Muslim jurists unanimously agreed that the sources of qiyas are Quran
and Sunnah.
Majority of jurists : qiyas may also be founded on a rule that is established
by ijma’. E.g. ijma’ validates guardianship over the property of minors, a
rule which has been extended by analogy to authorize the guardianship of
minors in marriage.
However, there is disagreement as to whether ijma’ constitutes a valid asl
for qiyas on the basis that the rule of consensus do not require that there
should be a basis (sanad) for ijma’.
Majority : One qiyas may not constitute the asl of another qiyas.
But, Ibn Rushd (Malikis) and some Hanafis opined otherwise.
Conditions of the Hukm
It must be a practical Shari’ah ruling – qiyas does not operate in the area
of belief.
The hukm must be operative, which means that it has not been abrogated.
The hukm must be rational in the sense that human intellect is capable of
understanding the cause of its enactments.
The hukm must not be limited to exceptional situation.
The law of the text must not represent a departure from the general rule of
qiyas in the first place.
Conditions of the Far’
The new case must not be covered by the text or ijma’.

The effective cause of analogy must be applicable to the new case in the
same way as to the original case.
The application of qiyas to a new case must not result in altering the law of
the text, which is equivalent to overruling the text by means of qiyas.
Conditions of the Effective Cause
Subject of disagreement among the Muslim jurists.
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5 most important conditions are:
1. The ‘illah must be zahir (evident) and not khafi (hidden).

2. The ‘illah must be mundabit (a constant attribute) which is applicable
to all cases without being affected by differences of persons, times, place
and circumstances.
3. lt must be a proper attribute (Al-wasf al-munasib) or bear a proper and
reasonable relationship to the ruling. The relationship is munasib when it
serves to achieve the objective of the lawgiver.
4. ‘Illah must be transient (muta’addi) that is an objective quality which is
transferable to other cases.
5. ‘Illah must not be an attribute which runs counter or seeks to alter the
textual authorities or the ruling of the text.
- The story of Imam Yahya of al-Andalus about kaffarah of having
conjugal relation during daytime in Ramadan.
Identification of the ‘Illah
The ‘illah of a ruling may be clearly stated or suggested by text or it may be

determined by consensus and thus there is no room for disagreement.
Prohibition of wine.
Differences of opinion arise only in cases where the ‘illah is not identified
in the source. Then the only way to identify it is through ijtihad.
In doing so, the jurist takes into account the attributes of the original case,
and only the attribute which is considered to be proper (munasib) is
identified as the ‘illah.
E.g. in the hadith concerning the kaffarah of having conjugal relation in
the daytime of Ramadan, it is not precisely known whether the ‘illah is the
breaking of fast or sexual intercourse.
This process is called by ulama of usul as al-sidr wa’l-taqsim (elimination
of the improper and assignment of the proper ‘illah to the hukm).
It involved three stages:

(i) Takhrij al-manat (extracting the ‘illah)
(ii) Tanqih al-manat (isolating/purifying the ‘illah)
(iii) Tahqiq al-manat (ascertaining the presence of an ‘illah in individual
case)
Types Of Qiyas
First type:
By looking at the strength of the similarity of the two ‘illahs in the asl and
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in the far’:
(i) definitive (qat’i)
(ii) probable (zanni)
Second type:
Based on the manner in which the hukm is established in the new case:
(i)Analogy of the superior (Qiyas al- awla)
(ii) Analogy of equals (Qiyas al-musawi)
(iii) Analogy of the nferior (Qiyas al- adna)
First Type
DEFINITIVE (QAT’I)
-When 2 conditions are met:

(i) Mujtahid is fully convinced about the ‘illah he has found asl.
(ii)That exactly the same ‘illah is found in the far’ meaning there are no
distinctive attributes.E.g.: Proscription of saying “fie” to the parents.
PROBABLE (ZANNI)
The same conditions, when reversed, need to be fulfilled in the case of

zanni qiyas.
When the mujtahid is not certain about ‘illah in either or both cases, qiyas
is said to be probable. .g. assignment of the hukm of riba from food item
to watermelon on the basis of “food value” as ‘illah.
Second Type
1.QIYAS AL-AWLA
- Where the ‘illah is more evident in the new case than the original case.
- Example : Surah al-Isra’ 17:23
2. QIYAS AL-MUSAWI
- ‘Illah in this type of qiyas is equally effective in both the new and the
original case.
-Example
(i) Surah al-Nisa’ 4:2
(ii) In case of a container which is licked by a dog it must be washed 7
times.
This rule is applicable to a container being licked by a swine.
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3. QIYAS AL-ADNA
- When ‘illah is less clearly effective in the new case than the original case.
- Example : Riba prohibits the exchange of wheat and other specified
commodities unless they are equal and delivery is immediate. By analogy
the rule of riba is applied to apples since both are edible (Shafi’is) and
measurable (Hanafis). Though the apples unlike wheat are not a staple
food (‘illah)
Additional Type
Hanafis classify analogy into:
(i) Qiyas Jali (Manifest analogy)

- When the underlying cause can be discovered with relative ease and
jurist does not have to ponder too much over the attributes of the ‘illah.
(ii) Qiyas Khafi (Concealed analogy - Istihsan)
When the ‘illah is less apparent and the jurist has to expend considerable
effort to discover it.
-
Arguments Against Qiyas
Mainly the Zahiri school (Ibn Hazm) and some Mu’tazilah, Ibn Hazm
argued:
(i) The rules of Shari’ah are conveyed in the form of command,

prohibition and permissibility. Should there be no clear text in respect of
any matter, it would fall under permissibility. Thus there is no room for
analogy in the determination of the ahkam.
(ii) Al-An’am 6:89

“We have neglected nothing in the Book”.
Al-Nahl 16:89
“We reveal the Book as an explanation for everything”.
Al-Maidah 5:4
“This day, I perfected your religion for you, and completed My favor upon
you”.
(iii) Identifying the ‘illah in qiyas is an exercise in speculation, therefore

qiyas rests on conjecture which must not be allowed to form the basis of a
legal ruling.
Al-Najm 53:28
“Conjecture avails nothing against the truth”
(iv) Qiyas is forbidden by the Qur’an.
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Al-Hujurat 49:1
“Do not press forward before God and his Messenger, and fear God…”
- Which means that the believers must avoid legislating on matters on

which the lawgiver has chosen to remain silent.
- The Prophet said in a hadith:

“Ask me not about matters which I have not raised. Nations before you
were aced with their destruction because of excessive questioning and
disputation with their prophets. When I command you to do something,
do it to the extend that you can, and avoid what I have forbidden”.
Majority vs Ibn Hazm
Majority validates qiyas in the light of general objectives of the Shari’ah.

They opined that qiyas is not an addition/ a superimposition on the nusus
but their logical extension.
Thus the Zahiri argument that qiyas violates the integrity of nusus is
devoid of substance.
Scope of Qiyas
Qiyas operates to discover, to reveal or to bring out law already

established by the text or by consensus.
The purpose to exercise qiyas is not to originate a rule of law.
The jurists have no dispute the establishment of a rule of law by analogical
extension through the recognised procedure.
However, the jurists have disputed over the establishment of the cause or
condition of a rule by analogical deduction.
The issue: if the cause or condition of a rule is already established by the
text or by consensus, can this cause or condition extendible to another
case on the basis of a common ground, to establish a like cause or
condition for a similar case.
For example: fornication is a cause of hadd punishment. On the analogy of
this cause, can sodomy serve as a cause of hadd punishment too?
According to generality of Hanafi jurists and a group of Shafii - not
allowed
Usuliyun, al Badzdawi - valid
Subject Matter of Qiyas
–Intelligibles or Rational Questions (aqliyat)

–Lexical Questions (lughat)
–Causes and conditions (asbab wa shurut)
–Things for which no law originally exists in the Shari'ah (adam asli)
–Basic rituals (usul al-ibadat)
–Prescribed punishments (hudud), expiations (kaffarat) and things whose
number or quantity or measure have been stated by Shari'ah
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–Concessions or exceptional rules (rukhsah)

–Thing relating to human nature (khilqah)
–The rules of Shari'ah in general
i) Intelligibles and Rational Questions

1) most of the Mutakallimin: valid, on the condition that a rational
common link between the original and the parallel case is available.
Eg: knowledge is the cause of knowledgeability of the creatures, for one
who has knowledge is called knowledgeable.
Similarly, God has knowledge, therefore His knowledgeability indicates
that He is all knowing.
The opponent contend that if the original case is the same as the parallel
case, both will be identical. There is no need exercising ijtihad. If they
differ, each of them will have its own identity.
2) Al-Ghazali: rational value or rational problems cannot be established by
qiyas.
Eg: A man who kills another man under duress cannot be determined by
qiyas but that should be determined by intellectual inquiry.
ii) Lexical Questions (al-Qadaya al-lughawiyah)

1) al-Razi, Abu Ishaq - qiyas operates in lexical questions.
2) al-Ghazali, majority of Shafii jurists, Hanafi - does not operate in lexical
questions.
The dispute lies about nouns that posited for particular meaning rotating
along with the existence and non-existence of their attributes.
Cont’d
Eg: can the noun sariq (thief) be applicable to nabbash (snatcher) for the
common quality of taking the goods secretly.
The exponents argued that:-
i) the Arabs gave names to some entities found in their time. With the
passage of time, those entities were also extinguished. The people then
were agreed on giving the same name to similar entities. This shows that
they exercise analogy in giving names to similar entities.
However, Al-Qarafi argued that the Arabs gave names to the things as they
thought of them by their reason and not as they observe them with their
eyes.
ii)the Arabs making a noun for a definite meaning is a product of their

thought.
the opponents reply: the Arabs gave these signs to the active and the
passive participation at the time of their original making. When they made
active participle or subject (fa’il) and gave it the sign of nominative case
(raf’) they did not make it for a specific thing, but for a universal truth.
iii) by the principle of rotation, the juice squeezed of grapes with the
quality of intoxicating is called khamr. The intoxication is a cause of its
prohibition. Intoxication exists in nabidh (date-wine) too, it will also be
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called khamr and the laws of khamr will apply to it.
The opponent reply: the cause (‘illah) in this context is used in the sense of
sign, and not in the sense of motive, for there is no affinity between the
name and the thing or person to which the name has been given.
iv) on the basis of the verse, “so Take a lesson: O you who have eyes”. This
verse gives a general permission to exercise qiyas in all sorts of questions,
whether legal or lexical.
The opponents argued:
i)the exercise of qiyas in lexical questions is not valid. The Arabs call
khamr Khall (vinegar) when it become sour, but do not apply this name to
everything which is sour. Al-Qarafi adds that the Arabs specified some
words for particular subjects and prohibited to apply that names to other
things.
ii)if qiyas were allowed in lexical questions, the figurative use of words,
particularly loan words, would be invalid, for similarity maintains a
connection between two meanings.
iii) Causes and Conditions of the rules of the Shari'ah

Majority of Shafii jurists – valid.
Abu Zayd Al-Dabussi and Hanafi - not allowed.
The exponent viewed that the Lawgiver has given the rules and also
specified their causes. For eg: amputation of the hand is a rule and theft is
its cause. The Shafii hold that both of them are casual and analogy
extension of causes to a similar quality capable of being a valid cause.
Arguments of the exponents:
i)The causality is also an injunction of the Shari'ah, hence the exercise of

qiyas in the causes is valid.
ii)The causality of a rule lies in the wisdom or underlying reason (hikmah)
which the cause contains, when the underlying reason is found in some
other thing, that may serve as a cause for another rule.
iii)Rules of Shari'ah – 2 kinds, first the rule itself and second the
prescription of its cause.
iv) Things for which no law exists originally in the Shari'ah.
The exponents: the questions for which no law originally exists in the
Shari'ah are as rational as others.
The opponents contend that the things for which no law originally exists
in the Shari'ah, continue their non-existence by themselves.
Al-Ghazali defines nafy asli as the continuity of a thing in the same

position as it stood before the advent of the Shari'ah.
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The generally accepted view is that qiyas al-dalalah (analogy of indication)

applies to such cases and not qiyas al-illah (analogy of cause).
v) Essentials of rituals
Al-Jubbai and al-Karkhi – Qiyas does not apply to the essentials of rituals.
For eg: not permissible to offer prayer by making a sign by a man who is
unable to offer it in a sitting or lying position, on the analogy of a man who
is allowed to offer prayer in sitting position because of his inability to offer
it in standing position.
The exponents contend that in the Shari'ah if the essentials of ritual exist
by reason of some public good and that public good is also found in
another act, it is necessary that act should also be considered as a divine
ordinance and a ritual (ibadah) on the analogy of that kind of public good
which has been established by the text.
vi) Prescribed punishments, expiations and stated quantities
Al-Shafii, Ahmad, Ibn al Qassar and most of the scholars - qiyas can be
exercised in these cases.
They justify this on the basis of the text, consensus and reason.
Abu Hanifah invalidates the exercise of qiyas in these questions.
They argued that:
i) The hadd punishment and expiations are stated matters whose ground
or inner meaning which caused their prescription cannot be understood.
ii) Hudud are punishments and the expiations are quasi-punishments.
iii) The Lawgiver has prescribed the amputation of hand for committing
theft, but he has not prescribed it for making correspondence with the
infidels in the enemy territory, although the latter is more serious.
The Exponents reply:

i) The problem of certain nature - the rule of law extended from the
original to the parallel case is the obligation of hadd punishment and
expiation, the cause of their prescription is intelligible.
ii) Suppose there is a likelihood of error in exercise of qiyas, still it is not

correct to say that qiyas makes a thing doubtful, for the rule based on
analogical deduction has a great probability of truth.
iii)
a) It is true that the lawgiver has prohibited the exercise in certain cases of
hadd punishment and expiation, but this does not imply that he had
absolutely prohibited the exercise of qiyas.
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b) As regards theft and correspondence with the infidels, there is a

difference between the two.
vii) Concessions or exceptional laws (rukhsah)
Exponents (al-Syafii, one view from Maliki) - the lawgiver some times
acting upon the principle of induction , departs from the general rule
based on some evidence by reason of public interest. When such a
preferable public interest is found in certain case, one must deviate from
the general rule and prefer the greater public interest to the one which is
lesser.
Opponents - (Hanafi) concessions are opposed to the general rule based

on textual evidence, and if they are extended by analogy, the opposition
would multiply.
viii) Things relating to nature and temperament, and things which no
action is involved
Qiyas does not operate in all these questions. If a woman menstruates for
10 days and her bleeding ends within this period, it is not permissible to
compare this woman with another and say so-and-so should also
menstruate for 10 days on the analogy of the former.
Qiyas does not operate to determine the maximum and minimum period
of menstruation, childbed and gestation, for it varies from person to
person, time to time. Their actual cause are unknown nor are they
intelligible.
Al-Shirazi- Qiyas can be exercised in matters relating to nature.

Temperament and custom if their cause is a sign or a symptom.
ix) The rules of the Shari'ah in general
Exponent - all the rules of the Shari'ah belong to one genus. When qiyas is
exercised to establish some of the rules of Shari'ah, it can be exercised to
established the rest too.
Opponent - the rules of Shari'ah by its definition is a genus for all the
rules. However, the rules of Shari'ah in general are of different types and
distinguished from each other by their distinctive features.
The Application of Qiyas in the Malaysian Legislation and Fatwa
In Malaysia, there is no express provision in the laws that allows the

application of qiyas.
Neither the laws prohibit such application.

However, by virtue of Article 3 and item 1 of State List of the Ninth
Schedule of the Federal Constitution, we may infer that qiyas is allowed to
be applied in Malaysia.
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This is because apart from recognizing Islam as the religion of Federation,

such constitutional provisions also allow Hukum Syarak to be practiced,
regulated and implemented by the Muslims in this country.
Since qiyas is a matter that falls under Hukum Syarak, our humble
submission and ijtihad is, constitutionally qiyas can be referred to and can
become one source to deduce hukum or ruling in Malaysia.
In fact, by way of inference, the principle of qiyas has already been widely
accepted and applicable in enacting or deducing some laws, offences,
hukum and fatwa in Malaysia, for example, as follows:
Drugs – Dangerous Drugs Act

Asl – wine drinking
Far’ – taking drug
‘Illah – intoxicating effect and damaging human’s intellectual
Hukm – prohibition/haram
Rape – Section 376 Penal Code

Asl – zina
Far’ – rape
‘Illah – destroy the lineage and dignity
Hukm - prohibition/haram
Liwat – Section 377D Penal Code and Section 25 SCOA

Asl – zina
Far’ – liwat
Incest – Section 376B Penal Code and Section 20 SCOA

Asl – zina
Far’ – incest
Prostitution – Section 21 SCOA

Asl – zina
Far’ – prostitution
Musahaqah – Section 26 SCOA

Asl – zina
Far’ – musahaqah
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Khalwat – Section 27 SCOA

Asl – not come near to zina
Far’ – khalwat
Murder – Section 302 Penal Code

Asl – punishment for killing without lawful justification
Far’ – punishment of murder
‘Illah – killing or destroy one’s life
Hukm – death sentence/qisas
Criminal misappropriation of property – Section 403 Penal Code

Asl – theft
Far’ – criminal misappropriation of property
‘Illah – take unlawful possession of one’s property
Hukm - prohibition/haram.
Smoking in mosque – Fatwa by Selangor Fatwa Committee

Asl – eating onion in mosque
Far’ – smoking in mosque
‘Illah – causing bad smell to the mouth
Man’s wearing white gold – Fatwa by Selangor Fatwa Committee

Asl – wearing yellow gold
Far’ – wearing white gold
‘Illah – contain more than 50% of yellow gold
Beauty contest – Fatwa by Selangor Fatwa Committee

Asl – injunction to cover one’s aurah
Far’ – beauty contest
‘Illah – exposing one’s aurah
Life insurance – Fatwa by National Fatwa Council

Asl – gambling
Far’ – life insurance
‘Illah – contain the elements of gharar, gambling and riba
Zakat of salary/income – Fatwa by National Fatwa Council

Asl – zakat of property
Far’ – zakat of salary/income
‘Illah – an increase to one’s property
Hukm – wajib zakat (follow the rate of zakat of property, i.e. 2.5% of
the annual salary)
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Botox – Fatwa by National Fatwa Council

Asl – swine’s flesh is prohibited
Far’ – botox (Botulinum Toxin)
‘Illah – contain parts/extracts of swine & can cause madarrah
Brush made from swine’s fur – Fatwa by National Fatwa Council
Asl – swine’s flesh is prohibited
Far’ – brush made from swine’s fur
‘Illah – contain parts of swine (i.e. fur)
Divorce through SMS – Fatwa by National Fatwa Council

Asl – talaq (clear or kinayah)
Far’ – divorce through SMS
‘Illah – contain the words talaq
Hukm – amount to talaq kinayah if followed with niyyah
Hukm Friday prayer for staffs of Jabatan Perkhidmatan Pos – Fatwa by

National Fatwa Council
Asl – Friday prayer compulsory for all males Muslim
Far’ – Friday prayer for staffs of Jabatan Perkhidmatan Pos
‘Illah – Males Muslim
Hukm – wajib because not fall under the definition of uzur syar’ie
Feasibility of Qiyas
The application of qiyas is still relevant in modern days;
i. With the new development in a modern world, one cannot stop new
issues from arising.
No more revelation so how to find a hukm?
If two incidents are similar, and one of them is covered by a clear legal
rule but not the other.
The application of the principles of qiyas could be one of the best solution
in this situation.
ii. New case happen all over the world especially with the rapid growth
globalization.
This happen irrespective of geographical boundary, therefore it needs

solution.
The express textual obligation in the Quran and Sunnah are limited in
numbers while the incidents and problems of life are unlimited and
15 of 18 07/24/2016 05:20 PM
unending.
Hence it would be illogical to assert that all the problems and exigencies of
life will be covered by the textual injunctions.
Qiyas therefore is a mode of reasoning to legislate for novel questions, to

reveal the divine rule of law, and to harmonize between divine legislation
and human interest.
Cont’d
iii. Al-Quran provides a complete ruling and a basic general rule for all
events which can accommodate human being and provide solution for all.
It is our duty to derive the hukm or solution for a new case through the
application of qiyas.
Reform Proposals
1. The main four pillars of qiyas that had been developed by the classical
jurists must always be retained, that are, the asl, far’, ‘illah and hukm.
This is because this matter had been deliberated by eminent jurists during
those times and the knowledge they had are not comparable.
2. Legal Mechanism
Our proposal
1: to recognize qiyas as a source of law in the laws, for example in the

Constitution and State laws
2: to enact a standard procedure of law how to apply qiyas, example like

Standard Procedure. This would be a standard practice to be followed by
respective institution
3. Administrative Measure
The Islamic institutions like JAKIM, Mufti and other religious authorities
should widely apply qiyas in a new arising case to find a solution.
These institutions should become the forefront and leading agency to

apply qiyas.
16 of 18 07/24/2016 05:20 PM
4. The government should make a policy through cabinet decision that

qiyas should be implemented in any new case arises in compliance with
Art 3 of Federal Constitution which provides that Islam is the religion of
Federation and has special status under the Constitution
5. Development of human capital. There must be continuous effort to

produce many experts/mujtahid in qiyas especially in Malaysia. One way
of doing it is through education. The subject of qiyas should be exposed to
students as early as their secondary level. Therefore a reform should be
made by the Ministry of Education to include qiyas in the secondary
school syllabus.
Conclusion
Majority of Muslim jurists recognised qiyas as one of the source of Islamic

law, next to the Quran, Sunnah and Ijma’.
In applying qiyas, four basic elements must be fulfilled, that are, the asl
(original case), far’ (new case), ‘illah (cause effective) and hukm (new
ruling). These “classic” elements must always be preserved and uphold
and should not be the subject for reform.
The application of qiyas is still relevant and feasible in this modern and
globalisation era. This is due to the increased number of new Shari'ah
related issues around the world. Thus, in deducing these new hukm, there
is still a need to rely on qiyas besides the other three primary sources of
Islamic law.
By inference, qiyas has been widely applied in Malaysia, for example by

the Fatwa Council/ Committee (in deducing new hukm) and the
legislature (in creating offences and punishment). The examples of its
application are as what have been discussed earlier.
Legislative reforms should be made to the application of the rule of qiyas,

i.e. qiyas should be recognised as source of law in this country. For it to
have legal force, reference to qiyas should be reflected in the Federal
Constitution and other relevant laws.
The Government should make a policy and encourage the relevant

authorities to apply qiyas in determining the hukm of any new case (far’).
In producing more experts in qiyas, the subject should be thought as early

as in the secondary school.
P O S T E D B Y L L M A O I L AT 3 : 0 6 P M
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Chapter 3 - Analogical Reasoning - Qiyas

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Usul Fiqh: THE RULE OF QIYAS: ITS MEANING... http://ufaoil.blogspot.com/2008/02/rule-of-qiyas-i...

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▼ 2008 (4) THE RULE OF QIYAS: ITS MEANING,

Qiyas also means comparison – equality or similarity between two things.

Technically; Qiyas is an extension of a Shari'ah value from an original case

The Basis of Qiyas

No clear authorities of qiyas in the Quran.

1. Surah al-Nisa’ 4:59

2.Surah al-Nisa’ 4:105

The rationale/objectives as guidelines to new cases.

3. Qiyas is a form of personal reasoning (ijtihad) which the Prophet SAW

6. When the Companions held a council to determine the punishment of

Classical Examples of Qiyas

By analogy, this prohibition is extended to all kinds of transactions and

3.According to a Hadith, it is forbidden for a man to make an offer of

The Pillars of Qiyas

Prohibition of wine drinking based on Quranic verse in Surah

Asl – wine drinking

‘Illah – intoxicating effect

Conditions of the Asl

In Arabic, asl has two meanings:

Conditions of the Hukm

Conditions of the Far’

The new case must not be covered by the text or ijma’.

Conditions of the Effective Cause

Subject of disagreement among the Muslim jurists.

5 most important conditions are:

1. The ‘illah must be zahir (evident) and not khafi (hidden).

Identification of the ‘Illah

The ‘illah of a ruling may be clearly stated or suggested by text or it may be

It involved three stages:

(ii) probable (zanni)

-When 2 conditions are met:

The same conditions, when reversed, need to be fulfilled in the case of

This rule is applicable to a container being licked by a swine.

Hanafis classify analogy into:

(i) Qiyas Jali (Manifest analogy)

Arguments Against Qiyas

(i) The rules of Shari’ah are conveyed in the form of command,

(ii) Al-An’am 6:89

(iii) Identifying the ‘illah in qiyas is an exercise in speculation, therefore

(iv) Qiyas is forbidden by the Qur’an.

- Which means that the believers must avoid legislating on matters on

- The Prophet said in a hadith:

Majority vs Ibn Hazm

Majority validates qiyas in the light of general objectives of the Shari’ah.

Qiyas operates to discover, to reveal or to bring out law already

Subject Matter of Qiyas

–Intelligibles or Rational Questions (aqliyat)

–Concessions or exceptional rules (rukhsah)

i) Intelligibles and Rational Questions

ii) Lexical Questions (al-Qadaya al-lughawiyah)

ii)the Arabs making a noun for a definite meaning is a product of their

called khamr and the laws of khamr will apply to it.

The opponents argued:

iii) Causes and Conditions of the rules of the Shari'ah

Arguments of the exponents:

i)The causality is also an injunction of the Shari'ah, hence the exercise of

Al-Ghazali defines nafy asli as the continuity of a thing in the same

The generally accepted view is that qiyas al-dalalah (analogy of indication)

vi) Prescribed punishments, expiations and stated quantities

ii) Hudud are punishments and the expiations are quasi-punishments.

The Exponents reply:

ii) Suppose there is a likelihood of error in exercise of qiyas, still it is not