QIYAS

1- INTRODUCTION
N.J.COULSON,A HISTORY OF ISLAMIC LAW
“In the elaboration of the law, it was necessary in practice to use human
reason in the shape of analogical deduction (Qiyas)”
2- INTERPRETATION
Finding a solution of some matter by making a deduction from what has
been laid down by any of three authorities I,e, Holy Quran , Sunnat and Ijma
in a situation in which no solution has been provided in Quran or Sunnat or
Ijma
3- JURISTIC INTERPRETATION
ASAF A.A, FYZEE, OUTLINES OF MUHAMMADAN LAW
“The fourth and last source of law is Qiyas, analogical deduction “
4- RECOGINITION OF QIYAS IN HOLY QURAN
AL-TAWBAH:122
“And shall devote themselves to acquiring a deeper knowledge of the faith “
5- QIYAS AS SECONDARY SOURCE OF ISLAMIC LAW

Sources of Islamic law

Primary i. Quran ii. Sunnah
Secondary I. Qiyas ii. Ijma iii. Ijtihad

6- ARGUMENTS IN FAVOUR OF QIYAS

The following arguments may be given in favor of Qiyas :
a) The Quran contains the fundamental rules only and it is for us to
deduce a rule based on a Quranic text.
b) When there had been no revelation on any issue, the Holy Prophet
(PBUH) decided by means of his own opinion.

7-HADITH REFERENCE

ISLAMIC HINA SHAHID

JURISPRUDENCE ADVOCATE HIGH COURT
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When the Holy Prophet (PBUH) appointed Maaz bin jabal as the Governor of
Yemen, he asked Maaz how he was going to decide the matters brought before
him. He replied “ I shall look into Quran”. Then the Prophet (PBUH) asked what if
you do not find in the Quran a relevant rule , he replied , “ I shall look into the
traditions “ and upon the Prophet’s final question : What if both the Quran and
traditions do not contain any rule to that effect , the Governor designate said . “ I
shall then use my own judgment “to which the Prophet happily agreed and praised
the Governor –designate for his attitude .

8-ELEMENTS OF QIYAS

a) Text: Asl or root. This is the text either of the Quran or the Traditions .
b) Law: This is the law laid down in the text.
c) Branch : It is a particular case on hand to which the law embodied in the
text is to be extended .
d) Effective Cause : It is the fact , circumstances which te lawgiver had in
consideration when laying down any law

9- NECESSARY CONDITIONS FOR VALID LOGICAL DEDUCTION

These are certain conditions for a valid analogical deduction which are as follows :

 The law enunciated in the text to which analogy is attempted to be applied

must not have been intended to be restricted to a particular state of facts .
 If a tradition or a text of the Holy Quran has been repealed , an analogical
deduction cannot be made .
 There could be no analogy on the text regarding inheritance rights, shares of
inheritance or about fixation of poor-rate (Zakat).
 The deduction must not eventually lead to a change in the law of the text
itself.
 The rule of analogy must not be opposed to the text of the Quran or the
Tradition.

10- Arabic root word of Qiyas:-

Qiyas is derived from the 3 Arabic words “ qaf Aen Seen”

ISLAMIC HINA SHAHID
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11. Features of Qiyas:-

i. Qiyas must be inconfirmative with Quraan

ii. It should comply with Sunnah

iii. It should not change to original. (Asl)

12. Leading example of Qiyas:-

According to Hazrat Ali R.A;

a. Islam provides 80 stripes for drinking.

b. Drinking is an intentional intoxication. So 80 stripes for intentional

intoxication.

c. Intentional intentional intoxication causes mental error. So 80 stripes for

mental error.

d. Mental error causes wrong statements against others. So 80 stripes for the
wrong statements to others.

e. Wrong statement causes damage to reputation. So 80 stripes for causing

damage to other`s reputation.

f. Causing damage to reputation means defamation. So “80 stripes” for

defamation.

13. Legislative function of Qiyas:-

In the following matters, legislation was made through Qiyas.

i. Dower:-

1/4th of total property was made maximum limit for dower.

ii. Wills:-

1/3rd of total property was made the maximum limit for will.

ISLAMIC HINA SHAHID

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iii. Silence as acceptance:-

Silence at the time of “Nikah” is presumed to be acceptance.

14. Conclusion:-

ISLAMIC HINA SHAHID

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