Analogy (Qiyas)

Question 1

What does the term “Qiyas” mean, and how is it perceived in Sunni and Shi’a Islam?

Answer 1

• Qiyas comes from a verb meaning to measure one thing by comparing it with another similar thing.
• It is the fourth basis of legal method in Sunni Islam, after the Quran, Sunna, and Ijma.
• Shi’a Muslims do not accept Qiyas as it involves individual opinions, causing unease among some Muslims.

Question 2

What Quranic verse did Al-Shafi’i use to justify the practice of Qiyas?

Answer 2

Al-Shafi’i cited the verse to justify the practice of Qiyas: “Turn then your face in the direction of the Holy Mosque; and wheresoever you are, turn your faces in that direction.”

He argued that you should face the Ka’ba when you can see it, and face its direction using reason (sun, stars, etc.) when you cannot.

Question 3

What Hadith justifies the use of Qiyas in Islamic legal thinking?

Answer 3

When the Prophet (PBUH) sent Mu’adh Ibn Jabal to Yemen as a judge, he asked:
“How will you reach a judgment when a question arises?”
Mu’adh replied, “According to the Word of Allah.”
The Prophet (PBUH) asked, “And if you find nothing therein?”
Mu’adh answered, “According to the Sunnah of the Prophet.”
The Prophet asked, “And if you find nothing therein?”
Mu’adh replied, “Then I will exert myself to form my own judgment.”
The Prophet (PBUH) said: “Praise be to Allah who has guided the messenger of His Prophet to that which pleases His Prophet.”

Question 4

What are the four key elements of the Qiyas method?

Answer 4

The elements of the Qiyas method are:

Asl (root): The fundamental teaching.
Far’ (branch): The new matter in question.
‘Illa (cause): The linking reason connecting the two.
Hukm (law): The new judgment derived.

Question 5

What Quranic example illustrates the application of Qiyas in legal rulings?

Answer 5

Asl: The Quran forbids sales after the call to Friday prayer:”O ye who believe! When the call is proclaimed to prayer on Friday (the day of assembly) hasten earnestly to the remembrance of Allah, and leave off business (and traffic) that is best for you if ye but knew!”

Far’: Transactions like meetings and marriages are forbidden as they distract Muslims from Friday prayers.

‘Illa: The cause is distraction from prayers

Hukm: All similar transactions are forbidden

Question 6

How did Ali (RA) apply Qiyas to determine the punishment for drinking wine?

Answer 6

• Ali (RA) suggested 80 lashes for drinking wine, reasoning that intoxication leads to confused speech and lies, similar to the punishment for slandering:
• “And those who launch a charge against chaste women and produce not four witnesses (to support their allegation), flog them with eighty stripes.”
• Umar (RA) implemented this judgment.

Question 7

What is the Hadith-based Qiyas for declaring all intoxicants haram?

Answer 7

Asl: The Prophet (PBUH) said:”Every intoxicant is Khamr, so every intoxicant is haram.”
Far’: Substances like LSD, cocaine, and opium.
‘Illa: The cause is intoxication.
Hukm: All intoxicants are declared haram.

Question 8

How does Qiyas apply to Wudu in cases like nail polish or flour on nails?

Answer 8

Asl: A tradition by A’isha (RA) states: If flour dries on nails and water doesn’t reach that portion, Wudu is invalid.
Far’: Nail polish prevents water from reaching nails.
‘Illa: The nails remain dry.
Hukm: Wudu is not valid.