Qiyas Flashcards
Literal meaning of Qiyas
“to measure or ascertain something”
What is Qiyas?
Process of extending a Syariah rule from the original case to a new case if the new case has the same effective cause
Purpose of Qiyas
- Method of ijtihad
- Can only be applied if no solution can be found in the AQ, the Sunnah or Ijma’
- Used to develop existing law, not to derive new legal rules in order to ensure conformity with letter and spirit of AQ and Sunnah
Conditions of Qiyas
- Aslu (original case)
- Far’u (new case)
- ‘Illah (effective cause)
- Hukm (legal ruling)
What is aslu?
- Case established when legal ruling is revealed by Syariah law
- Legal rule in original case can be extended to new case by way of analogy
- Has 2 meanings: source and subject matter of legal ruling
Far’u
Extension of a legal ruling that is applied in the original case
Conditions of valid far’u
- Must involve a legal issue that is not covered by the AQ, the Sunnah or any ijma’
- Must be a common ‘illah shared between the original and new cases
- Application must not result in any changes to the law
If conditions are not fulfilled, qiyas will not be applied
‘Illah (effective cause)
Attribute of a case
To identify effective cause:
1. must have knowledge of the indications of the Syariah texts
1. must have understanding of the general objectives that Islamic law intends to achieve
Requirements for ‘illah before qiyas can be applied
- Must be constant and stable
- (must not change even when it is repeatedly applied to cases with different circumstances over time)
- Must be evident
- (Illah should be obvious and easily identifiable)
- Must be a proper attribute reasonably related to the relevant legal ruling (must be compatible with the objectives of a legal rule)
- Must be transient
- Must not run counter to the AQ or Sunnah
Requirements for ‘illah before qiyas can be applied
- Must be constant and stable
- Must be evident
- Must be a proper attribute reasonably related to the relevant legal ruling
- Must be transient
- Must not run counter to the AQ or Sunnah
How illah can be “constant and stable”?
Must not change even when it is repeatedly applied to cases with different circumstances over time
How illah can be “evident”?
- Illah should be obvious and easily identifiable
- Must not be hidden (khafi) or concealed
How illah can be “reasonably related to the relevant legal ruling”
- Must be compatible with the objectives of a legal rule
- Example - Intoxicating effect of alcohol which is the effective cause for prohibiting alcohol is compatible with the objective of preserving the mind
Hukm (legal ruling)
Rule governing original case that can be extended to new case
Conditions of valid hukm
- Must be practical rule
- Must be operative (Not subjected to abrogation)
- Rational (Human mind must be capable of understanding the cause of enactment)
- Must be able to be applied outside exceptional situations
- Must not depart from AQ or Sunnah
Killing to receive bequest
Qiyas example
- Hadith - “the murderer will not inherit” and “there is nothing for the murderer”.
- ‘illah - receiving property in this manner is unjust
- Can apply to the issue of killing testator in order to receive bequest
Drug usage
Qiyas example
- AQ 5:90 - prohibits wine consumption
- ‘illah - intoxicating effect
- Rule can be applied to issue of drug usage
Physically lashing out at parents
Qiyas example
- AQ 17:23 - prohibits verbal abuse of parents
- ‘illah - avoid causing torment
- Can extend rule to issue of physically lashing at parents
Offering to buy goods that are already sold
Qiyas example
- Hadith - prohibits making marriage offer to engaged woman
- ‘illah - to avoid conflict
- Rule can be applied to issue of offering to buy sold goods
Criminal misappropriation
Qiyas example (finding lost wallet but decided to not return to owner)
- AQ 5:38 - prohibits theft
- ‘illah - to prevent unlawful possession of another person’s goods
- Rule can be applied to criminal misappropriation
