Part 2 - Qiyaas

Definition Of Qiyaas

“Take lesson, those with insight” – this Aayat shows that Qiyaas is also a proof (in the Shariah). [Da’wat ‘Abdiyyat, page 122, vol. 15]

Only Fiqhi Qiyaas is a proof in the Shariah, which is obtained due to a necessity, using a common illat. The maqees alayh is compared to the maqees. Since the original ruling is derived from nass, and the illat us taken from here hence, the ruling in the maqees is also just as authoritative. [Bawaadirun Nawaadir, page 394, vol. 2]

An Example Of Qiyaas

According to the Hadith, “All intoxicants are Haraam.” Opium is also an intoxicant, therefore it is also Haraam. Here the prohibition of opium has been established using the nass. [Malhoozaat Jadeed Malfoozaat page 113]

The Ruling Regarding When To Make Qiyaas And When Not

If there is a Fiqhi ruling to be made, then the Aayat, “And take lesson, those who have insight”, applies and Qiyaas should be made. If the matter at hand is not a Shar`i one, then the Aayat, “And do not delve in that which you have no knowledge”, applies and Qiyaas is prohibited. [Imdaadul Fataawa, page 784, vol. 1]

Do The Angels Also Make Qiyaas?

At first, my opinion was that the angels do not make Qiyaas, and that they only follow the clear-cut rulings, until the following Ahaadith came to my attention: “Indeed he (Jibraeel – alaihis salaam) thrust sand into the mouth of Firoun, fearing that the Mercy will reach him (i.e. that he may recite the Kalima)”, and the Hadith where the angels of mercy and punishment differed on the plight of the murdered who repented. These narrations denote that the angels also make Ijtihaad. [Al- Ifaadhaat, page 96, vol. 1]

Regarding the Hadith of the difference of opinion between the angels in respect of the murderer who repented, it is clear that the angels also make Ijtihaad and they can also err in their judgement. This is also apparent that the angels are made aware of the general rules and codes when the occasion of Ijtihaad arises. [Malhoozaat Malfoozaat, page 70]

[The Principles And Codes Of Law In Hanafi Fiqh, Moulana Ashraf Ali Thaanwi rahmatullaahi 'alaih]

» Posted by Seifeddine-M on 31st October 2011

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