Qiyas

Concept of Qiyas:

Qiyas means measuring or ascertaining the length, weight or quality of something. Qiyas also means comparison to establish equality or similarity between two things. In the language of Usul, Qiyas is the extension of a Shari'ah ruling from an original case (Asl) to a new case (Far') because the new case has the same effective cause (Illah) as the original case. The original case is regulated by a text of the Qur'an or the Sunnah and Qiyas seeks to extend the original ruling to the new case. The emphasis of Qiyas is identification of a common cause between the original and new case. However, for all practical purposes, Qiyas leads to new ruling on a different matter.

 Example No

1 The Qur'an (al-Jumu'ah, 62:9) forbids selling or buying goods after the last call for Friday prayer until the end of the prayer. By analogy this prohibition is extended to all kinds of transactions, since the effective cause called (Illah), that is, diversion from prayer, is common to all. Asl – forbids selling & buying Far’ – forbids all kinds of sale i.e. agricultural activity, industrial activity etc. ‘Illah – diversion from prayers Hukm – prohibition

Example No 2 Prohibition of wine drinking based on Qur’anic verse in Surah Al-Maidah:90 Asl – wine drinking Far’ – taking drug

. ‘Illah – intoxicating effect Hukm – prohibition

 Example No 3 Smoking in mosque Asl – eating onion in mosque Far’ – smoking in mosque ‘Illah – causing bad smell to the mouth Hukm - prohibition/haram

Example No 4 Life insurance

 Asl – gambling Far’ – life insurance ‘Illah – contain the elements of gharar, gambling and riba Hukm - prohibition/haram

 Example No 5 Criminal misappropriationof property –

 Asl – theft Far’ – criminal misappropriation of property ‘Illah – take unlawful possession of one’s property Hukm - prohibition/haram. Conclusion Qiyas is a methodology developed by jurists through which rulings in new areas are kept close to the Qur'an and Sunah because new rulings are based on the Illah (causes) discovered in the legislation of the Qur'an and

 Sunnah. Rulings on new areas could diverge a lot, if Qiyas was not applied.

 

Mahmood, M.(2011).The principles of muhammadan  law:Al-Qanoon Publishers.

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