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Qiyas (Analogical Deduction)

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ibn Ismail, ummi taalib, abu mohammed, Maria al-Qibtiyya, umar123, Naqshband66, Taalibah, the fake shaykh
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#16 [Permalink] Posted on 26th October 2014 12:21
Arslan. wrote:
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I accept Qiyas is a part of valid religious legislation, but just one question, please try to post something about this from the ulama:

Why do too much Qiyas is used in the Hanafi Madhhab as compared to the other 3 madhahib? New matters about which no ruling isn't found in the nuss, would be equally new for all the four madhahib, right? Why would it not be? So why is this difference?

Jazakallahu khairan.
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#17 [Permalink] Posted on 26th October 2014 21:52
Maria al-Qibtiyya wrote:
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Respected sister,

Im not exactly sure what you're getting at. Who told you that the Hanafi Madhab uses more qiyaas than the other 3 madhabs?

I've only found a handful of examples and even those were hard to come by, so im not sure if thats even true.
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#18 [Permalink] Posted on 27th October 2014 00:29
Arslan. wrote:
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Quote:
Who told you that the Hanafi Madhab uses more qiyaas than the other 3 madhabs?[/quote]

I just heard that elsewhere from dhahiris.

[quote]so im not sure if thats even true.


Okay.
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#19 [Permalink] Posted on 27th October 2014 05:22
Salafi and pseudo salafis like Dr Abu Aminah Bilal Philips like to spread these teachings. In fact Dr Phillips even calls Imam Abu Hanifa a "What if'er".

Yes Imam Abu Hanifa did pose such questions, and he did come out with rulings for that, and you know.what, there's nothing wrong with that. Even Allah asks in the Qur'an, "What if"
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#20 [Permalink] Posted on 27th October 2014 06:58
abu mohammed wrote:
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Before Malik and Abu Hanifa’s encounter, Imam Malik used to say, “Beware of the people of opinion.” Abu Hanifa’s school was called the “school of opinion.” Before their meeting, there was a lot of talk and exchange of letters but they only met during the rituals of the Hajj.

When they finally met, they chose to address three issues which were viewed differently by each party. The first jurisprudential issue was about how to address hypothetical questions; things that had not taken place yet. In Imam Malik’s juristic school of thought, we should not imagine situations and ask about things that have not happened, as this distracts people from already existing issues and lead to controversy. Imam Malik brought his evidence from various ayahs and ahadith. He stated the ayah where Allah (SWT) says what can be translated as, “They ask you concerning the new moons (Literally: crescents).” (2:189). Such questions are meaningless. Allah (SWT) replies in the ayah, that can be translated as, “Say, “They are fixed times for mankind, and (for) the Pilgrimage.” (2:189)

His other evidence was that Omar Ibnul-Khattab (RA) cursed the one who asked about situations that have not happened and used to say, “Do not engage us with things that have not happened, keep people busy with the truth instead.”

People used to come to Imam Malik and ask him hypothetical questions and he used to get angry and tell them not to ask about things that have not happened yet. Those people were usually from Iraq where Imam Abu Hanifa was, who supported this kind of questions.


As for Imam Abu Hanifa, his approach was based on inventing situations that have not happened. He invented 60, 000 such situations.
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#21 [Permalink] Posted on 2nd November 2014 13:23

That makes sense Alhamdulillah, as Qiyas is the sunnah of soo many Sahabah رضي الله عنهم so there shouldn't be any excuse for not applying it to the new events that has no mention in the revelation. Just read this beneficial blog:

 

''5. It is reported from Hadhrat Abu Huraira (radhiAllaahu anhu) that a person once came to Nabi (sallallahu alaihi wasallam) and complained that his wife had given birth to a child that was dark in complexion. Nabi (sallallahu alaihi wasallam) asked him whether he had camels that were from the same stock but of different colour, he replied in the affirmative. Nabi (sallallahu alaihi wasallam) drew a parallel between the two and concluded that just as camels born of the same parents can differ in colour, so too can human beings. 
[Bukhari, page 1088, vol.2] 

6. Rasulullah (sallallahu alaihi wasallam) said: Surely I give rulings (Masalas) over you, with my reasoning (analogy), in all such matters where Wahi (revelation) has not been revealed to me. 
[Abu Dawood, page 71, vol.2] 

7. Hadhrat Abu Bakr (radhiAllaahu anhu) used to say: Indeed, if a matter is presented to Abu Bakr which is not found in the Kitaab of Allaah Taala, neither in the Sunnat, then I make Ijtihaad. Then he said: That is my ruling (opinion), if it turns out to be correct, then it is from Allaah Taala, and if it is incorrect, then it comes from me, and I seek Allaah Taalas forgiveness from it. 
[Jaamiu Bayaanul Ilm, page 51, vol.2] 

9. Hadhrat Umar (radhiAllaahu anhu) advised Qadhi Shuraih, that if any matter presents itself, then firstly he should refer to the Quraan Shareef for a solution. If no solution is found there then he must refer to the Sunnat of Nabi (sallallahu alaihi wasallam). If no solution is found there, then he must draw a solution from the consensus of opinion (if there is such a ruling upon which there was consensus). If there was no prior consensus on that matter, then he should make Ijtihaad. 
[Jaamiu Bayaanul Ilm, page 52/57/59, vol.2] 

10. Whenever Hadhrat Umar (radhiAllaahu anhu) would give a ruling, he would say: This is the view of Umar, if it is correct then it is from Allaah Taala, and if it is incorrect, then it comes from Umar. 
[Mizaanu Shiraani, page 49, vol.1] 

11. When Hadhrat Abdullah ibn Abbaas (radhiAllaahu anhu) was the Mufti of Makkah Mukarrama, then his pattern was such, whenever he gave a ruling, that he firstly referred to the Quraan Shareef, then to the Sunnat, then to the rulings of Hadhrat Abu Bakr and Umar (radhiAllaahu anhuma). If he found no proof in any of the above then he would give his own view (ruling) on the matter. 
[Daarmi, page 59,vol.1 / Sunan Baihaqi, page 115, vol.1 / Jaamiu Bayaanul Ilm, page 57-8, vol.2] 

12. Hadhrat Abdullah Ibn Masood (radhiAllaahu anhu) was the Mufti of Daarul Uloom Kufa. His proclamation was: 
If any of you is faced with a matter (to rule over) after today, then he should rule in conjunction with the Quraan Shareef. If no such solution is found in the Quraan Shareef, then he should see what Nabi (sallallahu alaihi wasallam) ruled in a similar matter. If he comes across a matter which is neither in the Quraan Shareef nor the Sunnat, then he should rule as the pious predecessors have ruled. If he comes a across a matter which is neither in the Quraan Shareef, nor in the Sunnat, nor have the pious predecessors ruled in a similar case, then he should make Ijtihaad and rule accordingly. 
[Nisai, page 264 - Baabul Hukm Bi Ittifaaqi Ahle Ilm (Chapter on giving a verdict in conjunction with the Learned Scholars).] 

13. Hadhrats Ubai bin Kaab, Abu Darda, and Abu Huraira (radhiAllaahu anhum) also used to give Fataawa (rulings) from their own Ijtihaad (when the previous avenues were exhausted) 
[Jaamiu Bayaanul Ilm, page 58, vol.2] 

14. It is stated in the footnote of the Kitaab AFawaaid Salafia, which is a Kitaab of the Ghair Muqalliddeen, under the Aayat of the Quraan Shareef: (All of you) Must follow that which has been revealed to you from your Rabb If any matter is not proven from the Quraan Shareef or Ahadith, then one may refer to consensus of opinion and Ijtihaad, because these two are corollaries (branches) to the Quraan Shareef and Sunnat. 
[Translation of Wahidud Zamaan, page 181, vol.11]''

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