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4th Source Of
Islamic Law
Qiyas :Definition :
It is 4th and secondary source of
Islamic law. In Islamic
jurisprudence, Qiyas is the process
of deductive analogy in which
teaching of Quran are compared
with those of Hadith in order to
apply a known injunction to a new
circumstance and create a new law.
Conditions :
1). Qiyas can only be applied when
there is no solution to the matter in
the Quran and Hadith. And even no
Ijma has been performed on that
matter.
2). Qiyas must not go against the
principles of Islam.
3). Qiyas must not go against the
contents of the Quran nor should it
go against the teachings of the
References :
# Quranic
Verse
:
Allah Almighty says in Quran We
have sent you the book with
the truth, so that you may
judge among people by means
of what Allah has shown you
(Al-Nisa 4:105)
So according to above verse, A
judgment can be made with the
# Hadith :
When the Holy Prophet (S.A.W.W)
sent Muadh Ibn Jabal(R.A) as
governor of Yemen, he asked him:
How will you reach a judgment
when a question arises? Muadh
replied: According to the word of
Allah. And if you find nothing
therein? He then replied: Then
according to Sunnah of the
messenger of Allah. The Prophet
Explanation
:
Qiyas is considered as the Fourth
and Secondary source of Islamic
law. Muslim scholars in the later
period of Islam traditionally claimed
that analogy had existence in
Islamic law since their religions
inception while modern scholars
generally points to a Muslim Abu
Hanifa as the 1st to use the
analogical reasoning as the source
Examples
:
Mentioned below are the examples
of Qiyas to clear your
understanding.
The Quran forbids sales
transactions after the call of prayer
on Friday (Asl). By analogy, all
kinds of transactions (far) have
been forbidden (Hukm), because
like sales they also distract Muslims
Conclusion :
Majority of Muslim jurists
recognized Qiyas as one of the
source of Islamic law, next to the
Quran, Sunnah and Ijma.
In applying Qiyas, four basic
elements must be fulfilled, that
are, the Asl (original case), far
(new case), illa (cause effective)
and Hukm (new ruling). These
classic elements must always be