TOPIC 4 :

QIYAS
(ANALOGY)
Definition
◦ Literally qiyas means measuring or ascertaining
the length, weight or quality of something
◦ Technically - The extension of a syariah ruling
(hukm) from the original case(aslu), to a new case
(far’), because the latter has the same effective
cause (illah) as the former.
◦ The original case is ruled by the text either
from the Quran or Sunnah and aims to extend
the same ruling to the new case based on the
shared illah
◦ Qiyas discovers and develops the existing law
but does not create a new law
◦ Qiyas can only be applied if the solution of new
case cannot be found in the Al Quran, Sunnah
or Ijma’.
◦ Qiyas widens the application of law contained in
the text.
◦ The ruling in Islamic law follow certain objectives,
which are in harmony with reasons or rationale.
Thus, qiyas extends the rulings of the original case
to the new case in which both share the rationale or
illah
PROOF (HUJJAH) OF QIYAS
• Al Quran (Surah an Nisa :59)
 “should you dispute over something, refer it to God and to
the Messenger, if you do believe in God..”
 
• Al Quran (Surah an Nisa : 105)
 “We hv sent you the Book with the Truth so that you may
judge among people by means of what God has shown you.”
 
• Al Quran (Surah al Hashar : 2)
 “Consider, O you possessors of eyes”
• Sunnah/Hadeeth :
 
• Qiyas is a form of Ijtihad.
 Hadeeth of Mu’az bin Jabal. It is reported that the Prophet asked Mu’az upon the
latter’s departure as judge to Yemen – questions in whose answer Mu’az told the
Prophet that he will resort to his own ijtihad in the event he failed to find guidance in
the AQ and Sunnah, and the Prophet was pleased with his reply.
 
• Sunnah/Hadeeth :
 On one occasion, a woman called Khath’amiyyah came to the Prophet and said that
her father had died without performing the hajj. Will it benefit him if she performed the
hajj on her father’s behalf? The Prophet told 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 in the
affirmative and the Prophet said, “The debt owed to God merits even greater
consideration.”
 
• Sunnah/Hadeeth :
 ‘Umar Al Khattab asked the Prophet whether kissing vitiates the fast during
Ramadhan. The Prophet asked him in return:What if you gargle with water while
fasting.’Umar replied that this did not matter. The Prophet then told that “the answer to
your first question is the same”.
• Ijma’ :
 The 1st Caliph (Saidina Abu Bakar) drew an analogy between the
father and grand father in respect of their entitlements in
inheritance. Similarly, ‘Umar al Khattab is on record to hv
ordered Abu Musa Al Ash’ari “to ascertain the similitudes for
purposes of analogy”.
 
• Ijma’ :
 When the Companions held a council to determine the
punishment of wine-drinking, Ali b Abu Talib suggested that the
penalty of false accusation should be applied to the wine-drinker,
and he reasoned, by way of analogy, “When a person gets drunk,
he raves and when he raves, he accuses falsely.”
 THE PILLARS & CONDITIONS OF QIYAS

◦ Original case (Asl/Aslu)

◦ New Case (Far’u)
◦ Effective Cause (‘Illah)
◦ Rule (Hukm)
PILLARS OF QIYAS
1. Original Case (Aslu)
It is a case about which a ruling is given in the text and analogy
seeks to extend it to a new case
-Asl has two meanings: (i) Source – such as Qur’an and Sunnah
which reveals a particular ruling eg. AQ 5:90
(ii) Subject matter of that ruling eg. Wine drinking
Muslim jurists unanimously agreed that the sources of qiyas are
Quran and Sunnah.
Majority of jurists : qiyas may also be founded on a rule that is
established by ijma’. E.g. ijma’ validates guardianship over the
property of minors, a rule which has been extended by analogy to
authorize the guardianship of minors in marriage.
However, there is disagreement as to whether ijma’
constitutes a valid asl for qiyas on the basis that the rule
of consensus do not require that there should be a basis
(sanad) for ijma’
Majority: One qiyas may not constitute the asl of
another qiyas.
But, Ibn Rushd (Maliki) and some Hanbali opined
otherwise. Reason – when one qiyas is founded on
another qiyas, the far’ of the 2nd becomes independent
asl’ from which different illah may be deduced
◦ Al-Ghazali rejects the proposition because it is like
speculation built upon speculation and if it continues,
the possibility of indulgence in errors becomes more
prominent
◦ Abu Zahrah concurred with Ibnu Rushd –reflected in
modern judicial practice where court’s decisions are
often based on analogical extension of the effective
cause (ratio decidendi) of an existing decision to a new
case
◦ Referred to the doctrine of stare decisis which is
partially adopted in some Islamic jurisdiction
2. Far’ (new case)
-new case on which a ruling is wanting and it is the
extension of the same ruling which is applied in the
original case.
Conditions:-
i. The new case must not be covered by the text or
ijma’
ii. The effective cause of analogy must be applicable to
and should be found in the new case in the same
way as to the original case
iii. The application of qiyas to the new case must not
result in altering the law of the text
3. Effective cause (illah)
-an attribute of the original case and it is found to be in
common between the original and the new case
Conditions:-
1. The ‘illah must be a constant and stable attribute which is
applicable to all cases without being affected by differences
of persons, times, place and circumstances.
2. The ‘illah must be zahir (evident) and not khafi (hidden).
An apparent cause that can easily be perceived by the
senses. It is an outward attribute and not something internal
and concealed. The apparent attribute shall be easily
identified in both original and new case.
◦ Compared to illah, the wisdom of the law is something
which is internal and concealed.
◦ It is a duty of the jurists to find out the illah when it is not
clearly stated in the texts
3. lt must be a proper attribute (Al-wasf al-munasib) or bear a
proper and reasonable relationship to the ruling. The attribute
shall serve to achieve the objective of the lawgiver.
Eg. Effective cause of prohibition of wine drinking (intoxicating
effect) is compatible with preservation of mind
4. ‘Illah must be transient (muta’addi) that is an objective quality
which is transferable to other cases.
5. ‘Illah must not be an attribute which runs counter or seeks to
alter the textual authorities or the ruling of the text.
4. Hukm (Rule)
Conditions of the Hukm
i.It must be a practical Shari’ah ruling – qiyas does not operate in
the area of belief.
ii. The hukm must be operative, which means that it has not been
abrogated.
iii. The hukm must be rational in the sense that human intellect is
capable of understanding the cause of its enactments.
iv. The hukm must not be limited to exceptional situation.
v. The law of the text must not represent a departure from the
general rule of qiyas in the first place. Means the rule should not
pertain to an exemption
 EXAMPLE OF QIYAS
 Qiyas is applied to the injunction against drinking wine to create an
injunction against cocaine use.
 
• E.g : Surah Al Maidah : 90 explicitly forbids wine drinking. If this
prohibition is to be extended by analogy to cocaine use, the 4 pillars
of analogy in this example would be :
  1. 2. 3. 4.
• Asl (OC) Far’u(NC) ‘illah(EC) hukm(ruling
Wine taking intoxicating prohibited
Drinking cocaine effect (haram)
(AQ, 5:90)
◦ Classical Examples of Qiyas

1. The Quran forbids selling or buying of goods after the

last call for Friday prayers until the end of the prayer as
stated in Surah al-Jumuah 62:9. By analogy, this prohibition
is extended to all kinds of transactions and activities such
as agricultures, administrations and others.
2. The Prophet SAW said in a Hadith that, “The killer shall
not inherit (from the victim)”. By analogy, this ruling is
extended to bequests (wasiyyah), which would implicate
that the killer cannot benefit from the will of his victim.
◦ OC NC Illah Hukm
Selling/ agriculture/ cause to Prohibited
Buying after other forget/miss prayer
Last call of activities
Jumuah
Prayer
(AQ 62:9)

Murder the Murder the victim getting property Prohibited

Victim to get to get the in unjust
Inheritance bequest manner
(Hadith) (crime/sin)
3.According to a Hadith, it is forbidden for a man to make
an offer of betrothal to a woman who is already engaged
to another man unless the latter discontinues the
relationship or has totally abandoned his offer. The illah is to
avoid conflict and hostility among people. By analogy, the
same rule is extended to all other transactions such as sale
in which the same illah is found to be operative.
◦ OC NC Illah Hukm
Offer to marry Offer to buy to avoid Prohibited
Woman already things already conflict/
engaged booked/sold hostility
(Hadith)
 VARIETIES OF QIYAS

•The Shafi’i jurists have divided qiyas into 3 types :

 
1. Analogy of superior (Qiyas al awla):
•The effective cause in this qiyas is more evident in the new case than
the original case.
•Eg : (Surah Al Isra’ : 23)- provides regarding the parents
•“say not to them uff (i.e. single word of contempt) nor repel them
them but address them in dignified terms.”

•By analogy it may be deduced that the prohibtion of lashing or

beating them is even obvious than a verbal abuse.
•Similarly, the penance (kaffarah) or erroneous killing is, by way of
analogy, applicable the intentional killing as the transgression which
invokes the kaffarah is even more evident in the latter.
 
2. Analogy of Equals (Qiyas al musawi) :
• The ‘illah in this type of qiyas is equally effective in both the new and the
original cases, and so is the ruling which is deduced by analogy.
• Eg : (Surah An Nisa ; 2)
• forbids devouring the property of the orphans. By analogy, it is concluded that
all other forms of destruction & mismanagement which leads to the loss of such
property are equally forbidden.
•  Eg : (Hadeeth ) : a container which is licked by a dog must be washed 7 times.
The same ruling has been extended by analogy to a container which is licked by
a swine.
 
3. Analogy of Inferior (Qiyas la-adna) :
• The effective cause in this form of qiyas is less clearly effective in the new case
than the original case. Hence it is not quite so obvious whether the new case falls
under the same ruling which applies to the original case.
• Eg : the rules of riba prohibit exchange of wheat & of other specified
commodities unless the 2 amounts are equal & delivery is immediate. By
analogy this rule is extended to apples since both wheats & apples are edible &
measurable, but illah of this qiyas is weaker in regards to apples which, unlike
wheats, are not a staple food.
• Qiyas has been further divided into 2 types :
 
1. Obvious analogy (Qiyas jalli) :
• The equation between the asl and far’u is obvious and the
discrepancy between them is removed by clear evidence. It is
when the underlying cause can be discovered with relative ease
and jurist does not have to ponder too much over the attributes
of the ‘illah.
 
2. Hidden analogy (Qiyas khafi) : Concealed analogy -
istihsan
• The removal of discrepancy between the asl and the far’u is by
means of a probability (zann). It is when the ‘illah is less
apparent and the jurist has to expend considerable effort to
discover it.