QIYAS

ANALOGICAL
REASONING
QIYAS
• The Meaning
• The Basis [Hujjiyyat al-Qiyas]
• The Pillars [Arkan al-Qiyas]
• Conditions pertaining to the Pillars
• Types of al-Qiyas
• Examples
 THE MEANING OF QIYAS
Literal Meaning
1.Measuring or estimating the length, weight or quality of
something.

2. Comparing or making two things equal

Technical Meaning
The extension of a Shariah value from the original case (asl), to a
new case (far), because the latter has the same effective cause
(illah) as the former.

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.
Original Case Ruling
[al-Asl] [al-Hukm]

Effective Cause
[al-’Illah]

New Case
[’al-Far]
?
QIYAS EXPLAINED
The original case is ruled by the text whether from al-Qur’an and al-
Sunnah

al-Qiyas extends the same ruling to the new case based on the
shared illah (effective cause)

Being an extension of the existing law, al-Qiyas discovers

and develops the existing law but does not create a new law.

al-Qiyas is a subordinate of al-Qur’an and al-Sunnah.

The
original sources of Islamic Law remain with the scripture.
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.

Therefore in Qiyas the illah must be clear and understood,

otherwise it is not valid to derive any hukm on the basis of qiyas
QIYAS PROOF FROM QURAN

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]
 QIYAS PROOF FROM 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”.
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 (al-far) 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.
 CONDITIONS OF THE PILLARS

AL-QIYAS

AL-ASL AL-HUKM 'AL-FAR AL-'ILLAH

Not an extension Established Not restricted No stipulated Determined 'illah Apparent cause Extendible
by or specified hukm should be found not confined]
primary in the Source in it [to al-Asl
sources
Determined 'illah Not an Constant Compatible
should be found exemption and
in it Stable

Operative Not pertaining

[not abrogated] to
criminal law
CONDITIONS OF ASL
• The base case should not be an extension
(far) of another case mentioned in the text.

• Qiyas is constructed upon the original case

and not upon the extension
’CONDITIONS OF FAR
• The hukm should not be expressly
mentioned in the texts.
• The ‘illah (effective cause) of the asl
should be found in the far’
CONDITIONS OF 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.

• The hukm should not have been abrogated.

• The hukm should not be restricted to a specific case by another

• The hukm should not be constructed with an exemption

 CONDITIONS OF ILLAH

• The ‘illah must be an apparent cause

It can easily be perceived by the senses, an

outwards attribute and not something internal or concealed.

• 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.
FINAL CONDITION OF ILLAH
• 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.

For Example: 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.
 TYPES OF QIYAS

Qiyas al-Awl Qiyas al-Musawi Qiyas al-Adna

Analogy of the superior Analogy of equals Analogy of the Inferior

AL-ISRA’ 23 PUNISHMENT OF THE RULES OF

ADULTERY RIBA

The effective cause in The effective cause is

The ‘Illah is equally
the new case is more less clearly effective
effective in both new
evident than the in the new case than
and original cases.
original case.
the original.
 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’ 17: 23]

• The verses provides that “Say not to parents a word of disrespect, nor shout at them
but address them in terms of honor”

• The illah is obvious to honor them and not disrespect them.

• By analogy it may be deduced that the prohibition against lashing or beating them is
even more obvious than verbal abuses because it is MORE disrespectful.
 QIYAS AL-MUSAWI - ANALOGY OF EQUALS

The ‘Illah is equally effective in both new and original

cases.

O believers! When the call to prayer is made on Friday, then proceed ˹diligently˺ to the
remembrance of Allah and leave off ˹your˺ business. That is best for you, if only you knew.
(al-Jumuah 62: 9)

• The illah here is obvious – leaving off business to remember God

• The ban on selling or buying of goods after the last call for Friday
prayers until the end of the prayer stated in this verse. By analogy
this prohibition is extended to other transactions and activities such
as agricultural work and administration because that must be left to
remember God and attending prayers.
 QIYAS AL-ADNA - ANALOGY OF THE INFERIOR

The effective cause is less clearly effective in the new case

than the original.

The Prophet said, "Sell gold in exchange of equivalent gold, sell silver in exchange of equivalent
silver, sell dates in exchange of equivalent dates, sell wheat in exchange of equivalent wheat,
sell salt in exchange of equivalent salt, sell barley in exchange of equivalent barley, but if a
person transacts in excess, it will be usury (Riba). However, sell gold for silver anyway you
please on the condition it is hand-to-hand (spot) and sell barley for date anyway you please on
the condition it is hand-to-hand (spot).” (Muslim)

Example:
The rules of riba prohibit the exchange of wheat 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 wheat and
apple are edible [safe to eat] and measurable (according to Shafi’I), but the apples are lower in
term of human needs as compared to wheat.
 PROHIBITION OF BUSINESS
PROPOSAL WHEN ANOTHER IS ACTIVE
The Prophet said:

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. (Muslim)

• 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 PROHIBITION OF NARCOTIC DRUGS

O believers! Intoxicants, gambling, idols, and drawing lots for

decisions are all evil of Satan’s handiwork. So shun them so you may be
successful. (al-Maidah 5:90)
• 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

ANOHTER EXAMPLE OF QIYAS
The Prophet is reported to have said, “The killer shall not
inherit (from his victim).“ (Ibn Majah)

The illah is obvious in that inheritance is triggered upon death

and if that death is caused by someone who is out to benefit
from it, he should be prevented from it otherwise murder will
be rampant for self-interests and there would be no
consequence.

By analogy this ruling is extended to bequests or beneficiary of

wills, which would mean that the killer cannot benefit from
the will of his victim either.
AL-QUR’AN Al-Sunnah

Hukm Hukm
[Rule]
[Rule]

Original Case
[Al-Asl]

Effective Cause
[Illah‘]

New Case
[’Al-Far]