Qiyas seems to be a frequent target of criticism for ghair muqallideen. Insha'Allah, this thread will party serve as a defense for it and partly as a sharing outlet. I will post various things about qiyas, including examples that will make us appreciate its importance and the brilliance of our fuqaha when they apply it.
Wa'alaykumus salaam ww
Jazaakallaahu khayran....I need more info so looking forward to posts. More examples apart from the prohibition of wine extending to drugs etc would be very helpful inshaAllah. We posted some very basic info on IT because we could not find easy to understand articles on authentic sites
Saaiduna Abu Huraira Radiallahu Anhu narrates that while we were sitting with the Prophet a man came and said, “O Allah’s Apostle! I have been ruined.” Allah’s Apostle asked what was the matter with him. He replied “I had sexual intercourse with my wife while I was fasting.” Allah’s Apostle asked him, “Can you afford to free a slave?” He replied in the negative. Allah’s Apostle asked him, “Can you fast for two successive months?” He replied in the negative. The Prophet asked him, “Can you afford to feed sixty poor persons?” He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet. He asked, “Where is the questioner?” He replied, “I (am here).” The Prophet said (to him), “Take this (basket of dates) and give it in charity.” The man said, “Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina’s) two mountains who are poorer than I.” The Prophet smiled till his pre-molar teeth became visible and then said, ‘Feed your family with it.” (Sahih Bukhari p.259 v.1)
Note that the hadith specifically says that a man came to Rasulullah (sallallaahu `alayhi wassallam). The hadith also specifies sexual intercourse as the problem.
The Shafi'i's take this hadith very literally and say that kaffarah only applies for sexual intercourse and it is only obligatory on the male, NOT the female.
The Hanafi's, on the other hand, have applied qiyaas and said that the kaffarah is obligatory for both male and female (even though there is no female version of this hadith, it has been deduced through shar'i analogy) and furthermore that kaffarah will be obligatory for not only sexual intercourse, but also for deliberate eating or drinking.
There are four essential elements of Qiyaas, called its Arkaan or pillars:
1. The Asl -- original or principle case.
2. The Far’ -- the novel issue requiring determination
3. The ‘illah which is the common effective feature found both in the Asl and the Far’ and
4. The Hukm -- the ruling in the Asl which is then extended to the Far’.
By way of example, to illustrate the application of these terms consider the issue of narcotic drugs. These drugs are a recent development and were not present at the time of revelation. Therefore they are not explicitly mentioned in the Divine texts (Qur’aan and Hadith). However alcoholic beverages were explicitly mentioned in the texts. Alcoholic beverages will be the Asl (the principle case). The narcotic drugs are the Far’ (the novel case to be determined). The Hukm would be the prohibition or impermissibility to use such a substance. The Jurist may then look into the Asl todetermine the ‘illah (the effective cause). If it is determined that the effective cause is intoxication, the Jurist then investigates whether the same factor is found in the Far’ (narcotic drugs). If so the Hukm (rule of impermissibility) is extended from the Asl (principle case) to the Far’ (novel issue). The conclusion would be that narcotic drugs are also impermissible.
Television and Images by Mufti Emraan Vawda - Page 61
The principle of `awl (in which the shares of inheritors are reduced proportionally) was derived through qiyaas by the sahaabah. This was discussed in the Defense of Inheritance Laws thread, but I'll quote the pertinent passages here:
It was narrated that Al-'Abbaas said: "O Leader of the Believers, tell me: If a man passed away and left six dirhams, and he owed three dirhams to one man and four to another, what would you do? Would you not make the wealth into seven parts?" He said, "Yes." Upon this, Al-'Abbaas said: "It is the same thing." Thus, 'Umar applied the principle of 'Awl." [/quote]
[quote]The Companions applied 'Awl in inheritance and applied decrease to all heirs by drawing analogy from the decrease applied to the shares of creditors in case where the total assets of a bankrupt person cannot pay off all entitlements.
1) Doing qiyaas of talaaq on oaths
2) Doing qiyaas of anger on insanity
3) Which leads him to the self-derived conclusion that talaaq given in anger is not effective.
4) The above mentioned self-derived ruling goes against the position of the 4 madhaahib.
Lesson to be learned: Laymen should NEVER attempt qiyaas. Qiyaas is only the realm of qualified `ulamaa'.
There was a custom among the pre-Islamic Arabs called thihaar in which a man would liken his wife to his mother, thus making her permanently unlawful for cohabitation like the mother. This law was revised and continued in the shari`ah and its mention can be found in the opening verses of Surah al-Mujadilah.
The qiyaas done here was the following:
Even though the Qur'an specifically mentions thihaar with the mother, fuqahaa have stated that it also applies when likening the wife to a sister, daughter or any other mahram. Thus, they have used analogical deduction to extend the rule to all mahrams.
Translation:O you who have believed, when [the adhan] is called for the prayer on the day of Jumu'ah [Friday], then proceed to the remembrance of Allah and leave trade. That is better for you, if you only knew.[62:9]
The Qur'anic verse above only directly prohibits trade when the Jumu`ah adhaan is called. However, using qiyaas, the fuqahaa have extended the prohibition to all things that hinder preparation for Jumu`ah salaat.
"Thus eating, drinking, sleeping, talking, and even studying are forbidden after Jumu`ah adhaan. Only activities related to Jumu`ah may be carried out." [Excerpt from Ma'ariful Qur'an, Volume 8]
[Source 1: Mufti Abu Hajirah]
[Source 2: Ma'ariful Qur'an]
This cannot be undone and I am sure it will be greatly appreciated.
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