Qiyas Details and Examples
What is qiyas?
analogical deduction
True or False: Qiyas can be only resorted to when there is no solution in the Quran or Sunnah.
True
Masalih al-Mursalah is ____
a) Public Interest
b) Judicial Preference
c) Legal Presumption
d) Analogical Deduction
a) Public Interest
What is Qiyas in terms of Ijtihad?
Qiyas is a particular form of Ijtihad.
what should qiyas be based on?
quran, sunnah, ijma
True or False: Overall, those who apply qiyas are likely to disagree
True
Give an example of analogical deduction that follows each step.
Wine is the original subject
Gin is the new subject under investigation
Intoxication is the cause common to both subjects
The prohibition of gin is the resultant ruling (hukm)
What are three of the things a mujtahid should know?
Asbab An-Nuzul- causes of revelation
Nasikh wa Mansukh- abrogating and abrogated verses
Hadith- especially the distinctions between sahih, mawdu, hasan, daif, etc
Nasikh wa Mansukh Hadith- which hadith are abrogate by the Quran or by other hadith
Principles of ijma- the matters agreed upon by the ulama
Rules of Qiyas and the conditions surrounding them
Knowledge of the Arabic language
What is the difference between pro-qiyas and anti-qiyas?
Pro qiyas means you agree with and accept an analogical deduction
Anti-qiyas means you reject and disprove analogical deduction
what are the two types of Qiyas?
Qiyas Khafi and Qiyas Jali
Explain and give an example of Istishab.
The presumption in the law that a state of affairs known to exist in the past continues to exist until the contrary is proved.
Ex: If a man is missing, his wife remains his legal wife until the court, after due enquiries issues a decree to the contrary, based upon the legal presumption that he is dead.
Describe the three types of mujtahids.
Mujtahid Fish-Shariah/Mujtahid Mutlaq- Those who did ijtihad in the matter of Shariah , working directly from the Quran, the Sunnah, and ijma. These include the Prophet SAW, the Companions, the Followers, and the Followers of the Followers.
Mujtahid Fil-Madhab- Those who do ijtihad on the basis of the principles of the Imams who founded the schools of jurisprudence.
Mujtahid Fil-Masa’il- Mujtahids who give fatwas or juristic opinions on matters of the din according to the legacy of cases and fatwas already delivered within the madhabs.
True or false: (if it is true explain the significance the statement, if it is false explain why)
During the period of the Abbasids, people engaged in reading various texts on logic, philosophy, linguistics, the literature of various places, and foreign works, which to some extent tended to corrupt their thought processes and lead them astray.
TRUE, answers may vary
Give an example of Qiyas Jali.
Alcohol is forbidden because it’s an intoxicant, so is wine which is prohibited textually and beer even though there is no text that prohibits it
What is Istihsan? (and give explanation/example)
Juridical Preference
EX: For example, it is permitted within limits to punish those who wrong us, but the nobler course is to repel evil with good.' We should try to follow the nobler course.
What are the qualities of an Adalah?
(HINT: There are 4)
He must genuinely be a practising Muslim.
He must have taqwa and abide by all the injunctions of the Quran and Sunnah.
He must not be affected by heretical tendencies.
He must be just, reliable, trustworthy, and free from iniquitous practices
Matching:
Why is gin haram if wine is haram?
1.An original subject
2. An object of the analogy, being a new subject
3. An effective cause common to both subjects
4. A ruling arrived at by analogical reasoning (hukm)
A. Intoxication
B.The prohibition of gin
C. Wine
D.Gin
1- C
2- D
3- A
4-B
What are the conditions for Qiyas to be accepted?
Qiyas can only be resorted to when there’s no solution in the Quran or Sunnah, Qiyas cannot go against the principles of Islam, Qiyas cannot go against the context of the Quran or be in conflict with the Sunnah, Has to be a strict qiyas, meaning it’s based on the Quran, Sunnah, or Ijma
What is Sadd adh-dhara'i?
Serves to block the means of access where an act is permissible in itself but leads to something haram, then it becomes haram.
What are the preconditions of Ijtihad?
(Include at least 3 of the sciences)
Be mukallaf (legally responsible before Allah)
Have adalah ( a person who’s standing in knowledge and good character allows him to be appointed as a witness for legal and official purposes)
Possess an excellent memory and understanding.
Possess knowledge of the 5 sciences fundamentally important to ijtihad:
The Quran , which he must memorize and recite excellently, even if it is only according to one of the seven recitations, the understanding of its meaning, especially the ayat on ahkam, having knowledge of nasikh wa mansukh, etc.
Memorization of the hadith of the Prophet SAW and his Companions, memorising their chains of transmission and knowledge of the narrators, etc.
Knowledge of the fiqh, and memorization of the madhabs of the ulama.
Knowledge of the principles of fiqh, because it is the instrument by which one arrives at ijtihad.
Knowledge of what one needs of the sciences of the Arabic language, so that he will understand the Quran and hadith.