GT20302

USUL FIQH/ISLAMIC
JURISPRUDENCE
The Fourth Source of
Shariah: Qiyas (Analogical
Deduction)

11/21/09 Copyright Reserved@Mohd Zulkifli Muhammad 1

 CONTENTS
1) DEFINITION
2) ARKAN OF QIYAS
3) CONDITIONS PERTAINING TO THE HUKM
4) CONDITIONS PERTAINING TO THE NEW
CASE (FURU’)
5) CONDITIONS: THE EFFECTIVE CAUSE
(‘ILLAH)
6) VARIETIES OF QIYAS

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 DEFINITION
• Literally, qiyas means measuring or
ascertaining the length, weight, or quality
of something. Qiyas also means
comparison, with a view to suggesting
equality or similarity between two things.

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 DEFINITION
• Technically, qiyas is the extension of a Shari'ah
value from an original case, or asl, to a new case,
because the latter has the same effective cause as the
former. The original case is regulated by a given text,
and qiyas seeks to extend the same textual ruling to
the new case.It is by virtue of the commonality of the
effective cause, or 'illah, between the original case
and the new case that the application of qiyas is
justified.

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 DEFINITION
• A recourse to analogy is only warranted if
the solution of a new case cannot be
found in the Qur'an, the Sunnah or a
definite ijma`.

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 ARKAN OF QIYAS
• The essential requirements (Arkan) of
Qiyas are as follows:
1) The original case (asl), on which a
ruling is given in the text and which
analogy seeks to extend to a new case.
2) The new case (furu’) on which a ruling
is wanting.

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 ARKAN OF QIYAS
3) The effective cause (‘illah) which is an
attribute (wasf) of the asl and is found to
be in common between the original and
the new case.
4) The rule (hukm) governing the original
case which is to be extended to the new
case.

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 CONDITIONS PERTAINING TO
THE HUKM
• Conditions pertaining to the Hukm:
1) it must be a practical shari’ ruling, for
qiyas is only operative in regard to
practical matters inasmuch as this is the
case with fiqh as a whole.
2) the hukm must be operative, which
means that it has not been abrogated.

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 CONDITIONS PERTAINING TO
THE HUKM
• 3) the hukm must be rational in the sense
that the human intellect is capable of
understanding the reason or the cause of
its enactment, or that the ‘illah is clearly
given in the text itself.

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 CONDITIONS PERTAINING TO
THE HUKM
4) it must not be confined to an
exceptional situation or to a particular
state of affairs.
5) the law of the text must not represent a
departure from the general rules of qiyas
in the first place.

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 CONDITIONS PERTAINING TO
THE NEW CASE (FURU’)
• Conditions pertaining to the new case (furu’):
1) The new case must not be covered by the text
or ijma`. For in the presence of a ruling in these
sources, there will be no need for a recourse to
qiyas.
2) The effective cause of analogy must be
applicable to the new case in the same way as to
the original case.

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 CONDITIONS PERTAINING TO
THE NEW CASE (FURU’)
3) The application of qiyas to a new case
must not result in altering the law of the
text, for this would mean overruling the
text by means of qiyas which is ultra
vires.

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 CONDITIONS: THE EFFECTIVE
CAUSE (‘ILLAH)
• Conditions pertaining to the effective cause
(‘illah):
1) According to the majority of ulema, the `illah must
be a constant attribute (mundabit) which is applicable
to all cases without being affected by differences of
persons, time, place and circumstances.
2) the effective cause on which analogy is based must
also be evident (zahir). Hidden phenomena such as
intention, goodwill, consent, etc., which are not
clearly ascertainable may not constitute the `illah of
analogy.

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 CONDITIONS: THE EFFECTIVE
CAUSE (‘ILLAH)
3) it must be a proper attribute (al-wasf al-
munasib) in that it bears a proper and
reasonable relationship to the law of the
text (hukm).
4) The `illah must be 'transient'
(muta'addi), that is, an objective quality
which is transferable to other cases.

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 VARIETIES OF QIYAS
• Varieties of Qiyas:
• From the viewpoint of the strength or
weakness of the 'illah, the Shafi'i jurists
have divided qiyas into three types:
1) 'Analogy of the Superior' (qiyas al-
awla). The effective cause in this qiyas is
more evident in the new case than the
original case.

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 VARIETIES OF QIYAS
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, as is the
ruling which is deduced by analogy.
3) 'Analogy of the Inferior' (qiyas al-adna).
The effective cause in this form of qiyas is less
clearly effective in the new case than the
original case.

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 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. –
extended to other activities (agriculture,
industrialization, administration and
other commercial transaction).

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 EXAMPLES OF QIYAS

2) The Prophet (saw) is reported to have

said in a Hadith, “The killer shall not
inherit (from his victim)”. – extended to
bequests (wasiyyah), the killer cannot
benefit from the will of his victim

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 EXAMPLES OF QIYAS

3) The Quran clearly forbids the

consumption of liquor. – extended to drug
and other substances that can cause
damage to mind.

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 EXAMPLES OF QIYAS

4) 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. – extended to all other
transaction.

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 TWO TYPES OF QIYAS
• Two types of Qiyas:

1) ‘Obvious analogy' (qiyas jali): the

equation between the asl and furu’ is
obvious and the discrepancy between
them is removed by clear evidence.

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 TWO TYPES OF QIYAS
2) `Hidden analogy' (qiyas khafi): The
'hidden analogy' (qiyas khafi) differs from
the 'obvious' variety in that the removal
of discrepancy between the asl and the
furu’ is by means of a probability (zann).

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 Thank you very
much for your
attention

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