3. AL-QIYAS
1. The Meaning
2. The Basis [Hujjiyyat al-Qiyas]
3. The Pillars [Arkan al-Qiyas]
4. Conditions pertaining to the Pillars
5. Types of al-Qiyas
6. Examples
4. THE MEANING OF AL-QIYAS - LITERAL
Literal Meaning
1.Measuring or estimating the length, weight or
quality of something.
2. Comparing or making two things equal
5. Technical Meaning
The extension of a Shariah value from the original
case (al-Asl), to a new case (al-Far’), because the
latter has the same effective cause (‘illah) as the
former.
THE MEANING OF AL-QIYAS - TECHNICAL
6. The equality of a case, whose hukm is not mentioned
explicitly in the texts, with a case whose hukm is
mentioned, on the basis of equality between effective
causes found in these two cases.
THE MEANING OF AL-QIYAS - TECHNICAL
8. THE MEANING OF AL-QIYAS [Cont’d]
1. The original case is ruled by the text whether from al-Qur’an and al-
Sunnah
2. Al-Qiyas extends the same ruling to the new case based on the shared
illah (effective cause)
3. Being an extension of the existing law, al-Qiyas discovers and
develops the existing law but does not create a new law.
4. Al-Qiyas isa subordinate of al-Qur’an and al-Sunnah. The original
sources of Islamic Law remain with the scripture.
5. Muslim jurists have concluded that some of the rulings in Islamic law
follow certain objectives, which are in harmony with reason and logic.
They called it as Illah.
6. Therefore in Qiyas the illah must be clear and understood, otherwise it
is not valid to derive any hukm on the basis of qiyas
9. THE BASIS OF AL-QIYAS
TRANSLATION OF THE VERSE OF HOLY
QURAN:
O you who believe! Obey Allah and obey the
Messenger and those in authority from among you;
then if you quarrel about anything, refer it to Allah
and the Messenger, if you believe in Allah and the
last day; this is better and very good in the end.
[al-Nisa’, 4:59]
10. THE BASIS OF AL-QIYAS [cont’d]
We have sent to you the book with
the Truth so that you my judge
among people by means of what
Allah has shown you”.
[Al-Nisa’: 105]
11. THE BASIS OF AL-QIYAS [AL-SUNNAH]
Qiyas is a form of personal reasoning (ijtihad) which the
Prophet s.a.w expressly validates in the famous Hadith of
Muaz Ibn Jabal when he was send to Yemen.
Another important hadith in this regard is the following
hadith:
A woman came to the Prophet s.a.w. and said that her father
died without performing the Hajj. Will it benefit him if she
performed the Hajj on her father’s behalf? Here the Prophet
provided her an analogy: The Prophet said to her:
“Supposing your father had a debt to pay and you paid it
on his behalf, would this benefit him?” To this her reply
was affirmative and the Prophet then said, “The debt owed
to Allah merits even greater consideration”.
12. THE BASIS OF AL-QIYAS [AL-SUNNAH]
Another similar example is about the following hadith:
A woman came to the Prophet s.a.w. and said that her
mother had made nazar to perform the hajj, but she died
without performing the Hajj. Will it benefit him if she
performed the Hajj on her mother’s behalf? Prophet then
said: Yes perform the hajj on her’s behalf. Here the
Prophet provided her the same analogy: The Prophet said
to her: “Supposing your mother had a debt to pay for
someone and you paid it on his behalf, would this
benefit him?” The Prophet then said, “The debt owed
to Allah merits even greater consideration”.
13. THE PILLARS OF AL-QIYAS
The original case (al-Asl), on which a ruling is given in the
text and analogy seeks to extend it to a new case.
The new case (furu’) on which a ruling is needed and it is
the extension of the same ruling which is applied in the
original case.
The effective cause (‘illah), which is an attribute 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.
14. CONDITIONS OF THE PILLARS
Not an extension
AL-ASL
Established
by
primary sources
Not restricted
or specified
Determined 'illah
should be found
in it
Not an
exemption
Operative
[not abrogated]
Not pertaining
to
criminal law
AL-HUKM
No stipulated
hukm
in the Source
Determined 'illah
should be found
in it
'AL-FAR
Apparent cause Extendible
not confined]
[to al-Asl
Constant
and
Stable
Compatible
AL-'ILLAH
AL-QIYAS
15. CONDITIONS OF AL-ASL
The base case should not be an extension (far’) of another
case mentioned in the text.
Al-Qiyas is constructed upon the original case and not upon
the extension
16. ’CONDITIONS OF AL-FAR
The hukm should not be expressly mentioned in the
texts.
The ‘illah (effective cause) of the asl should be found in
the far’
17. CONDITIONS OF AL-HUKM
The hukm should be established directly from the Qur’an or
Sunnah.
The jurist should able to determine an ‘illah (cause) for the
hukm and the ‘illah should be rationally understood to be the
cause of the hukm.
a specific case by
The hukm should not have been abrogated.
The hukm should not be restricted to
another
The hukm should not be constructed with an exemption
18. CONDITIONS OF AL-’ILLAH
The ‘illah must be an apparent cause
It can easily be perceived by the senses, an
attribute and not something internal or concealed.
outward
The ‘illah should be a constant and stable attribute
Doesn’t change according to circumstances and doesn’t
vary from person to person
The ‘illah should be extendible and not confined to the
asl.
19. [CONDITIONS OF AL-’ILLAH [cont’d
The ‘illah should be an attribute that is compatible with
the purpose of the law (munasib)
The ‘illah derived by a jurist must meet with the purpose of
Islamic law (maqasid shari’ah) which provide the underlying
rationale of the rules.
E.g. Intoxication as an ‘illah for the prohibition of khamr is
compitable with the protection/preservation of the intellect.
Its colour or smell, in contrast have no compatibility with the
purpose, there doesn’t constitute a suitable illah.
20. TYPES OF AL-QIYAS
Qiyas al-Awla
Analogy of the superior
Qiyas al-Musawi
Analogy of equals
Qiyas al-Adna
Analogy of the Inferior
21. AL-ISRA’ 23 PUNISHMENT OF
ADULTERY
THE RULES OF
RIBA
The effective cause in
the new case is more
evident than the
original case.
TYPES OF
AL-QIYAS
The ‘Illah is equally
effective in both new
and original cases.
The effective cause is
less clearly effective
in the new case than
the original.
22. QIYAS AL-AWLA - ANALOGY OF THE SUPERIOR
The effective cause in the new case is
more evident than the original case.
And that you be dutiful to your parents. If one of them or both of
them attain old age in your life, say not to them a word of
disrespect, nor shout at them but address them in terms of honor.
[al-Isra’: 23]
The verses provides that “Say not to parents a word of disrespect,
nor shout at them but address them in terms of honor”
By analogy it may be deduced that the prohibition against lashing or
beating them is even more obvious than verbal abuses.
23. QIYAS AL-MUSAWI - ANALOGY OF EQUALS
The ‘Illah is equally effective in both new and
original cases.
Example:
Analogy for The punishment of adultery for a male slave is
similar to the punishment of female slave.
24. QIYAS AL-ADNA - ANALOGY OF THE INFERIOR
The effective cause is less clearly effective in
the new case than the original.
Example:
The rules of riba prohibit the exchange of rice and of other
specified commodities unless the two amounts are equal and
delivery is immediate.
By analogy this rule is extended to other type of food and
fruits such as apple, since both rice and apple are edible
[safe to eat] and measurable (according to Shafi’I mazhab),
but the apples are lower in term of human needs as
compared to rice.
25. THE PROHIBITION OF MAKING BUSINESS PROPOSAL OVER
OTHER’S PROPOSAL
The original case: The proposal for marriage or buy and purchase
The new case:The proposal for hiring service or property
The effective cause: Causing harm to other’s interest
The rule: Prohibition – haram
The Prophet s.a.w said:
ل ل ل
ل ل ل
ل ل ل ل ل ل
ل ل ل
ل ل ل ل ل ل
ل ل ل
ل ل ل
ل ل ل ل ل
ل ل
ل ل ل ل ل ل
ل ل ل ل
ل ل ل ل
ل ل ل
ل ل ل ل
ل ل ل
ل ل ل ل
ل ل ل
ل ل ل
A believer is a brother to his believer, thus, is not permitted for a
believer to make a proposal (for marriage) where the proposal of his
brother is still pending, or to make an offer of sale where his brother’s
offer is pending.
26. The prohibition of narcotic drug through the
application of al-Qiyas
”90)
The original case: wine drinking
The new case: consumption of drugs or other similar substance
The effective cause: the intoxicating effect which damage the
capability of human mind
The rule: prohibition - haram
27. EXAMPLES OF AL-QIYAS
The prohibition of all type of activities after the last call for
Friday prayer
Original case : Buying of goods after the last call for
Friday prayer
New case : Other activities and transactions (e.g:
agriculture, administration,education,
etc.)
Effective cause : Diversion of Friday prayer
Hukm : Prohibition of such activities
(9
“O You who believe! When the call is proclaimed to prayer on Friday,
hastens earnestly to the remembrance of Allah, and leave off business
(and traffic): That is best for you if you but knew”. (al-Jum`ah, 62:9)
28. al-Jum’ah:9
(9
“O You who believe! When the call is proclaimed to prayer on
Friday, hastens earnestly to the remembrance of Allah, and leave
off business (and traffic): That is best for you if you but knew”.
(al-Jum`ah, 62:9)
Back
29. AL-HADITH
The Prophet s.a.w. 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.
Back
30. HADITH MU’AZ
When the messenger of Allah desired to send Muaz ibn Jabal to the
Yemen, he asked: “How will you judge a case? He answered: I will judge
in accordance with what is in the Book of Allah”, The prophet asked: And
if you do not find it in the book of Allah? “Then by the sunnah of the
Messenger of Allah”, and if it is not in the sunnah of the Messenger of
Allah? He (Muaz) answered: “I will exercise my opinion and not flag –
become weary -(in so doing). The prophet saw tapped his chest and
exclaimed: “Praise be to Allah Who harmonized the messenger of Allah to
what pleases the Messenger of Allah”
BACK
31. AL-ISRA’: 23
And that you be dutiful to your parents. If one of them or both of them
attain old age in your life, say not to them a word of disrespect, nor shout
at them but address them in terms of honor.
[al-Isra’: 23]
Back
33. THE PROHIBITION OF NARCOTIC DRUG THROUGH THE
APPLICATION OF AL-QIYAS
]90[
The original case
Wine drinking
The new case
Consumption of drugs or other similar substance
The effective cause
The intoxicating effect which damage the capability of human mind
The rule
Prohibition - haram
34. EXAMPLES OF AL-QIYAS
The prohibition of all type of
the last call for
activities after
Friday prayer
Original case : Buying of goods after the last call for
Friday prayer
New case : Other activities and transactions (e.g:
agriculture, administration,education,
etc.)
Effective cause : Diversion of Friday prayer
Hukm : Prohibition of such activities
35. EXAMPLES OF AL-QIYAS [CONT’D]
Removal of Devisee / Beneficiary
Original case : Disinheritance of killer
New case : Removal of Beneficiary
Effective cause : Killing in order to rush in obtaining
one’s rights
Hukm : Disinheritance or deposition of
beneficiary
36. AL-JUM’AH:9
(9
“O You who believe! When the call is proclaimed to prayer
on Friday, hastens earnestly to the remembrance of Allah,
and leave off business (and traffic): That is best for you if
you but knew”. (al-Jum`ah, 62:9)
Back
37. AL-HADITH
The Prophet s.a.w. 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.
Back
