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Qiyas (Analogical Deduction)

The orIgInaI unmodIfIed Iecture by Shah AbduI Hannan can be accessed from:
http://www.wponIIne.org/vII/Books/SH_UsuI/qIyas.htm
ModIfIcatIons based on Prof. HashIm KamaIIs book "PrIncIpIes of IsIamIc JurIsprudence

LIteraIIy QIyas means measurIng or ascertaInIng the Iength, weIght or quaIIty
of somethIng. QIyas aIso means comparIson to estabIIsh equaIIty or
sImIIarIty between two thIngs. In the Ianguage of UsuI, QIyas Is the
extensIon of a SharI`ah ruIIng (Hukm) from an orIgInaI case (AsI) to a new
case (Far`) because the new case has the same effectIve cause (`IIIah) as
the orIgInaI case. Thus, Qiyas has four elements: Asl: original case,
Far`: new case, `Illah: effective cause, and Hukm: ruling.

The orIgInaI case Is reguIated by a text of the Quran or the Sunnah and
QIyas seeks to extend the orIgInaI ruIIng to the new case. The emphasIs of
QIyas Is IdentIfIcatIon of a common cause between the orIgInaI and new
case. JurIsts do not consIder Iaw derIved through QIyas as a new Iaw.
However, for aII practIcaI purposes, QIyas Ieads to new ruIIng on a dIfferent
matter.

QIyas Is a methodoIogy deveIoped by jurIsts through whIch ruIIngs In new
areas are kept cIose to the Quran and the Sunnah because new ruIIngs are
based on the `IIIah (cause) dIscovered In the IegIsIatIon of the Quran and
Sunnah. RuIIngs on new areas couId dIverge a Iot, If QIyas was not appIIed.
ThIs Is a major justIfIcatIon for vaIIdIty of QIyas.

QIyas Is a ratIonaIIst doctrIne (because InteIIect Is IargeIy used to fInd out
the `IIIah), but In QIyas personaI opInIon (Ra'y) Is kept subservIent to dIvIne
reveIatIon (In that `IIIah Is dIscovered from the text of the Quran and the
Sunnah). QIyas does not change any Iaw of the text (Quran or Sunnah) for
expedIency. QIyas as a methodoIogy means that the jurIsts accept that the
ruIes of SharIah foIIow certaIn objectIves (MaqasId) whIch are In harmony
wIth reason. ZahIrIs (a group of IIteraIIst schoIars) do not accept QIyas.
However, majorIty Is rIght on thIs poInt.

QIyas does not gIve rIse to certaInty. Qiyas is therefore speculative. Law
derIved through QIyas can not be of same authorIty as that of textuaI ruIIng
(of Quran or Sunnah). There can be dIfference of opInIon on the Iaw derIved
through QIyas, as Is the case wIth aImost aII IjtIhadI Iaw. The essentIaI
requIrement of QIyas are AsI (orIgInaI case, on whIch a ruIIng has been
gIven), Hukm (ruIIng on the orIgInaI), `IIIah (cause of ruIIng In the orIgInaI
case) and Far` (new case on whIch ruIIng Is to be gIven). In the case of
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prohIbItIon of wIne drInkIng If It Is to be extended to narcotIc drugs. The
requIrement of anaIogy wouId be fuIfIIIed In the foIIowIng manner.
Asl: Wine drinking
Far`: Taking narcotic drugs
`Illah: Intoxication
Hukm: Prohibition.

Other exampIes:

1) In the Quran, the saIe of goods Is prohIbIted after the Iast caII to Jum`a
prayer tIII the prayer ends. The same prohIbItIon Is extended to other
transactIons because they share the same `IIIah (effectIve cause) whIch Is
dIversIon from prayer.

2) The Prophet (saw) saId that the kIIIer shouId not InherIt. The ruIIng Is
extended to bequests, I.e. the kIIIer shouId not benefIt from the wIII of hIs
vIctIm.

3) The Prophet (saw) saId that It Is forbIdden for a MusIIm to make an offer
of betrothaI to a woman who Is aIready betrothed to another man unIess the
Iatter abandons hIs offer. ThIs Is to obvIate confIIct and hostIIIty between
peopIe. The same Hukm Is extended to other transactIons, IIke saIe, where
the same effectIve cause Is found to be operatIve.

4) The Prophet (saw) saId that the judge shouId not adjudIcate whIIe he Is
angry. The same ruIIng can be extended by QIyas to condItIons of hunger or
depressIon.

One condition of Asl (the subject matter of orIgInaI ruIIng) Is that the
Quran and the Sunnah are the source the AsI. AccordIng to majorIty, one
QIyas can not form AsI of another QIyas. However, MaIIkI jurIst Ibn Rushd
(the grandfather) thInks a QIyas can be basIs for another QIyas. Modern
jurIsts Abu Zahrah and Muhammad AI Zarka agree. MInorIty seems to be
rIght as Iong as It does not contradIct Nusus (cIear texts or ruIIngs) of the
Quran and Sunnah.

Conditions pertaining to Hukm (a ruIIng In the orIgInaI case) are:
1) It must be a practIcaI Shar`I ruIIng (QIyas does not operate In the area of
beIIef).
2) Shar`I ruIIng must not be an abrogated one, I.e. It must be operatIve.
3) The Hukm must be amenabIe to understandIng through human InteIIect.
That Is the reason QIyas cannot be based on rItuaI performances IIke the
number of bows and prostratIons In saIah.
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4) Hukm must not be IImIted to exceptIonaI sItuatIons (In that case It cannot
be basIs of QIyas, such as the prohIbItIon of marrIage of wIdows of the
Prophet (saw) wIth others).

QIyas Is operatIve or extendabIe In Hadud (prescrIbed penaItIes), accordIng
to majorIty. HanafIs say that QIyas Is appIIcabIe to "TazIr" penaItIes
(penaItIes whIch have been IaId down by ParIIament/Courts - not by the
Quran and the Sunnah specIfIcaIIy) but not to Hadud (punIshments
prescrIbed In the Quran and the Sunnah).

New case on whIch ruIIng Is to be gIven (Far`) must not be covered by
Nasus (texts). QIyas ma`a aI-farIq (anaIogy wIth dIscrepancy) Is not
permItted. For exampIe, some HanafIs say that a MusIIm woman can
contract her own marrIage wIthout a guardIan. They reached theIr concIusIon
usIng an anaIogy between marrIage and fInancIaI transactIons. In the Quran,
women are granted the rIght to carry out theIr fInancIaI transactIons wIthout
any Interference from famIIy or spouse. Some HanafIs extend thIs ruIIng to
marrIage. NevertheIess, there Is a dIfference between marrIage and fInance.
MarrIage not onIy affects the coupIe but aIso theIr famIIIes. (Important note:
refutIng thIs QIyas does not mean that the HanafIs are compIeteIy wrong
because they aIso resort convIncIngIy to a QuranIc verse (2:230) to support
theIr posItIon, but thIs Is another Issue).

The effective cause (`Illah) must be:
1) MunasIb (proper)
2) It must be a constant attrIbute (mundabIt)
3) It must be evIdent (ZahIr)
The effectIve cause may be cIearIy stated In the nass (text) but such cases
are not many. When the `IIIah Is not cIearIy stated In the nass, It Is the duty
of the MujtahId to fInd out the `IIIah (reason) for the ruIIng of the text
through IjtIhad.

A Shari`ah ruling is based on `Illah not Hikmah. What is the
difference?

Take an exampIe. A drIver stops at the red IIght. On the one hand, the `IIIah
of stoppIng Is seeIng the red IIght ItseIf. The HIkmah of stoppIng, on the
other hand, Is to prevent traffIc accIdents. If someone does not observe the
red IIght, he/she Is consIdered to have vIoIated the Iaw even If no accIdent
takes pIace. The dIfference between `IIIah and HIkmah Is that the fIrst one Is
a constant attrIbute that Is perceIved In a sImIIar way by the vast majorIty of
peopIe. The HIkmah Is somewhat contextuaI. Therefore, In our case, one can
Ignore the red IIght and not cause an accIdent. BasIng ruIIngs on HIkmah wIII
tend to be chaotIc and uncontroIIabIe. For everyone to understand the Iaw
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and act by It In an objectIve and systematIc manner, ruIIngs must be based
on somethIng that Is evIdent and Independent of the subjectIvItIes of the
peopIe abIdIng by those ruIIngs.

A traveIer durIng Ramadan has the rIght to break hIs fast and make up the
mIssed days after Ramadan. The HIkmah of thIs ruIIng Is to eIImInate
hardshIp. The `IIIah of thIs ruIIng Is traveIIng ItseIf, I.e. If someone Is
traveIIng durIng Ramadan, he may not fast regardIess of whether he/she Is
feeIIng hardshIp or not. HardshIp Is not a constant attrIbute; It Is hIghIy
dependent on the traveIer, the dIstance traveIed, the means of
transportatIon, etc. Therefore, thIs concessIon that exonerates the traveIer
from fastIng durIng Ramadan Is not based on hardshIp, though the removaI
of whIch constItutes the HIkmah. The concessIon Is based on traveIIng ItseIf.

One classification of Qiyas Is (a) QIyas-aI-awIa, (b) QIyas-aI-musawI and
(c) QIyas-aI- adna. QIyas aI-awIa (superIor QIyas) means where the effectIve
cause Is more evIdent In the new case (far`) than the orIgInaI case (asI)
(Ref. Quran, 17:23). In QIyas-aI-musawI (anaIogy of equaIs), `IIIah Is
present In AsI and Far` equaIIy (Ref. Quran, 4:10). In QIyas-aI-adna
(anaIogy of InferIor), `IIIah In Far` Is present Iess cIearIy than the orIgInaI
case (AsI).

QIyas Is accepted by majorIty. IndIcatIons of QIyas are In verses 4:59,
36:79, and 59:2. The Sunnah aIso supports QIyas In that IjtIhad has been
referred to In the Sunnah and QIyas Is the most Important method of IjtIhad.
The Prophet (saw) resorted to QIyas In severaI occasIons.

Arguments agaInst QIyas have been put forward by maInIy ZahIrI schooI.
They contend that Quran 6:89 ('we have negIected nothIng In the Quran') Is
agaInst QIyas. They aIso say, QIyas Is based on `IIIah whIch Is based on
conjecture. These are very weak arguments and most of Ummah couId not
accept them.

QIyas wIII contInue to be a major Instrument of IjtIhad In future, aIong wIth
IstIhsan and MasIaha (wIII be dIscussed Iater In the course).