Qiyas

Qiyas
ISLAMIC LAW
:
The Editors of Encyclopaedia Britannica
Qiyas, Arabic qiyās, in Islamic law, analogical reasoning as applied to the
deduction of juridical principles from the Qurʾān and the Sunnah (the
normative practice of the community). With the Qurʾān, the Sunnah,
and ijmāʿ (scholarly consensus), it constitutes the four sources of Islamic
jurisprudence (uṣūl al-fiqh).
The need for qiyas developed soon after the death of Muhammad, when the
expanding Islamic state came in contact with societies and situations beyond
the scope of the Qurʾān and the Sunnah. In some cases ijmāʿ legitimized a
solution or resolved a problem. Very often, however, qiyas was used to
deduce new beliefs and practices on the basis of analogy with past practices
and beliefs.
Muslim scholars consider qiyas a specific variant of the general concept
of ijtihād, which is original interpretation and thought. It is also related
to raʾy, personal thought and opinion, a forerunner of qiyas criticized by
traditional authorities as too arbitrary.
Islamic world: Sharīʿah

…his companions; ijmāʿ (consensus); and qiyās (analogy to one of the first three).…
Islam: Sources of Islamic doctrinal and social views

…ah ijtihād was replaced by qiyās (reasoning by strict analogy), a formal procedure of
deduction based on the texts of the Qurʾān and the Hadith. The transformation of ijmāʿ into
a conservative mechanism and the acceptance of a definitive body of Hadith virtually closed
the “gate of ijtihād” in Sunni…
Sharīʿah: Development of different schools of law

…process of analogical deduction, or qiyās—problems not specifically answered by the
divine revelation were to be solved by applying the principles upon which closely parallel
cases had been regulated by the Qurʾān or Sunnah.…
ijtihād
…of raʾy (personal judgment) and qiyās (analogical reasoning), and those who did so were
termed mujtahids. But with the crystallization of legal schools (madhhabs) under the
ʿAbbāsids (reigned 750–1258), jurists of the majority Sunni branch of Islam came to be
associated with one or another of the schools of law…
Ḥanbalī school
…reasoning (raʾy) and analogy (qiyās) and rejected their use to overrule hadiths or to
contravene early precedent. Between the 11th and 13th centuries, Iraqi Ḥanbalīs
experienced a period of intellectual efflorescence and social prominence, counting
philosophers and caliphal viziers among their number. By contrast, the Levantine Ḥanbalīs,
whose quietist…
Definition of Qiyas
Literally;
Qiyas means measuring or ascertaining the length, weight or quality of something.Scales are called
miqyas. Example; the cloth was measured by the yardstick.
Qiyas also means comparison – equality or similarity between two things. Example: Zaid compares with
Khalid in intelligence and descent.
Technically; Qiyas is an extension of a Shari'ah value from an original case (asl) to a new case, because
the latter has the same effective cause (illah) as the former.
The original case is ruled by the Quran or Sunnah and qiyas aims to extend the same ruling to the new
case based on the same illah.
The Basis of Qiyas
No clear authorities of qiyas in the Quran.

However, the Scholars quoted several proofs from the Quran and Sunnah as well as the practice of the
Companions as an indirect evidence to support the utilization of qiyas:
1. Surah al-Nisa’ 4:59

“… then if you quarrel of anything, refer it to Allah and the Messenger…”
The Scholars have reasoned that a dispute can only be referred to Allah and the Prophet by following
the signs/indications found in the Quran and Sunnah.
One way of achieving this is to identify the rationale of the rulings and apply them to disputed matters,
in case both issues in question share the same rationale = Qiyas
2.Surah al-Nisa’ 4:105
“We have sent to you the book with the Truth so that you may judge among people by means of what
Allah has shown you”.
Based on the above verse, a judgment may be based on the guidance that Allah has clearly given or on
that which bears close similarity to it.
Thus, exercising qiyas is considered as following the guidance of the Quran.
The Quran specifies the rationale of its law either explicitly or by reference to its objectives.
The rationale/objectives as guidelines to new cases.
3. Qiyas is a form of personal reasoning (ijtihad) which the Prophet SAW expressly validates in the
famous Hadith of Muaz bin Jabal when he was sent to Yemen.
4.A woman came to the Prophet SAW and said that her father had died without performing the hajj. Will
it benefit him if she perform the hajj on the father’s behalf? The Prophet told her: “Supposing your
father had a debt to pay and you pay it on his behalf, would this benefit him?”
To this her reply was affirmative and the Prophet said, “The debt owed to Allah merits even greater
consideration”.
5. The Companions of the Prophet SAW also utilized qiyas in deducing the rulings of Fiqh For example;
Abu Bakr drew an analogy between the father and the grandfather in respect to their entitlement in
inheritance.
6. When the Companions held a council to determine the punishment of wine drinking, Ali bin Abi Talib
suggested that the penalty of false accusation should be applied to the wine drinker, and he reasoned,
by way of analogy, “When a person gets drunk, he raves and when he raves, he accuses falsely”.
Classical 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 as stated in Surah al-Jumuah 62:9.
By analogy, this prohibition is extended to all kinds of transactions and activities such as agricultures,
administrations and others.
Cont’d
2. The Prophet SAW said in a Hadith that, “The killer shall not inherit (from the victim)”. By analogy, this
ruling is extended to bequests (wasiyyah), which would implicate that the killer cannot benefit from the
will of his victim.
3.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. The illah is to avoid conflict and hostility among people. By analogy, the same rule is extended
to all other transactions in which the same illah is found to be operative.
The Pillars of Qiyas
The original case (asl), on which a ruling is given in the text and analogy seeks to extend it to a new case.
The new case (far’), on which a ruling is needed.
The effective cause (‘illah), which is an attribute (wasf) of the original case and it is found to be in
common between the original and the new case.
The rule (hukm), governing the original case which is to be extended to the new case.
Illustration
Prohibition of wine drinking based on Quranic verse in Surah Al-Maidah:90
Asl – wine drinking

Far’ – taking drug
‘Illah – intoxicating effect
Hukm - prohibition
Application of Qiyas
Conditions of the Asl
In Arabic, asl has two meanings:

(i) Source – such as Qur’an and Sunnah.
(ii) Subject matter of a ruling.
Muslim jurists unanimously agreed that the sources of qiyas are Quran and Sunnah.
Majority of jurists : qiyas may also be founded on a rule that is established by ijma’. E.g. ijma’ validates
guardianship over the property of minors, a rule which has been extended by analogy to authorize the
guardianship of minors in marriage.
However, there is disagreement as to whether ijma’ constitutes a valid asl for qiyas on the basis that the
rule of consensus do not require that there should be a basis (sanad) for ijma’.
Majority : One qiyas may not constitute the asl of another qiyas.
But, Ibn Rushd (Malikis) and some Hanafis opined otherwise.
Conditions of the Hukm
It must be a practical Shari’ah ruling – qiyas does not operate in the area of belief.
The hukm must be operative, which means that it has not been abrogated.
The hukm must be rational in the sense that human intellect is capable of understanding the cause of its
enactments.
The hukm must not be limited to exceptional situation.
The law of the text must not represent a departure from the general rule of qiyas in the first place.
Conditions of the Far’
The new case must not be covered by the text or ijma’.

The effective cause of analogy must be applicable to the new case in the same way as to the original
case.
The application of qiyas to a new case must not result in altering the law of the text, which is equivalent
to overruling the text by means of qiyas.
Conditions of the Effective Cause
Subject of disagreement among the Muslim jurists.
5 most important conditions are:
1. The ‘illah must be zahir (evident) and not khafi (hidden).

2. The ‘illah must be mundabit (a constant attribute) which is applicable to all cases without being
affected by differences of persons, times, place and circumstances.
3. lt must be a proper attribute (Al-wasf al-munasib) or bear a proper and reasonable relationship to the
ruling. The relationship is munasib when it serves to achieve the objective of the lawgiver.
4. ‘Illah must be transient (muta’addi) that is an objective quality which is transferable to other cases.
5. ‘Illah must not be an attribute which runs counter or seeks to alter the textual authorities or the ruling
of the text.
- The story of Imam Yahya of al-Andalus about kaffarah of having conjugal relation during daytime in
Ramadan.
Identification of the ‘Illah
The ‘illah of a ruling may be clearly stated or suggested by text or it may be determined by consensus
and thus there is no room for disagreement.
Prohibition of wine.
Differences of opinion arise only in cases where the ‘illah is not identified in the source. Then the only
way to identify it is through ijtihad.
In doing so, the jurist takes into account the attributes of the original case, and only the attribute which
is considered to be proper (munasib) is identified as the ‘illah.
E.g. in the hadith concerning the kaffarah of having conjugal relation in the daytime of Ramadan, it is not
precisely known whether the ‘illah is the breaking of fast or sexual intercourse.
This process is called by ulama of usul as al-sidr wa’l-taqsim (elimination of the improper and assignment
of the proper ‘illah to the hukm).
It involved three stages:

(i) Takhrij al-manat (extracting the ‘illah)
(ii) Tanqih al-manat (isolating/purifying the ‘illah)
(iii) Tahqiq al-manat (ascertaining the presence of an ‘illah in individual case)
Types Of Qiyas
First type:
By looking at the strength of the similarity of the two ‘illahs in the asl and in the far’:
(i) definitive (qat’i)
(ii) probable (zanni)
Second type:
Based on the manner in which the hukm is established in the new case:
(i)Analogy of the superior (Qiyas al- awla)
(ii) Analogy of equals (Qiyas al-musawi)
(iii) Analogy of the nferior (Qiyas al- adna)
First Type
DEFINITIVE (QAT’I)
-When 2 conditions are met:

(i) Mujtahid is fully convinced about the ‘illah he has found asl.
(ii)That exactly the same ‘illah is found in the far’ meaning there are no distinctive attributes.E.g.:
Proscription of saying “fie” to the parents.
PROBABLE (ZANNI)
The same conditions, when reversed, need to be fulfilled in the case of zanni qiyas.
When the mujtahid is not certain about ‘illah in either or both cases, qiyas is said to be probable. .g.
assignment of the hukm of riba from food item to watermelon on the basis of “food value” as ‘illah.
Second Type
1.QIYAS AL-AWLA
- Where the ‘illah is more evident in the new case than the original case.
- Example : Surah al-Isra’ 17:23
2. QIYAS AL-MUSAWI
- ‘Illah in this type of qiyas is equally effective in both the new and the original case.
-Example
(i) Surah al-Nisa’ 4:2
(ii) In case of a container which is licked by a dog it must be washed 7 times.
This rule is applicable to a container being licked by a swine.
3. QIYAS AL-ADNA
- When ‘illah is less clearly effective in the new case than the original case.
- Example : Riba prohibits the exchange of wheat and other specified commodities unless they are equal
and delivery is immediate. By analogy the rule of riba is applied to apples since both are edible (Shafi’is)
and measurable (Hanafis). Though the apples unlike wheat are not a staple food (‘illah)
Additional Type
Hanafis classify analogy into:
(i) Qiyas Jali (Manifest analogy)

- When the underlying cause can be discovered with relative ease and jurist does not have to ponder too
much over the attributes of the ‘illah.
(ii) Qiyas Khafi (Concealed analogy - Istihsan)
When the ‘illah is less apparent and the jurist has to expend considerable effort to discover it.
-
Arguments Against Qiyas
Mainly the Zahiri school (Ibn Hazm) and some Mu’tazilah, Ibn Hazm argued:
(i) The rules of Shari’ah are conveyed in the form of command, prohibition and permissibility. Should
there be no clear text in respect of any matter, it would fall under permissibility. Thus there is no room
for analogy in the determination of the ahkam.
(ii) Al-An’am 6:89

“We have neglected nothing in the Book”.
Al-Nahl 16:89
“We reveal the Book as an explanation for everything”.
Al-Maidah 5:4
“This day, I perfected your religion for you, and completed My favor upon you”.
(iii) Identifying the ‘illah in qiyas is an exercise in speculation, therefore qiyas rests on conjecture which
must not be allowed to form the basis of a legal ruling.
Al-Najm 53:28
“Conjecture avails nothing against the truth”
(iv) Qiyas is forbidden by the Qur’an.

Al-Hujurat 49:1
“Do not press forward before God and his Messenger, and fear God…”
- Which means that the believers must avoid legislating on matters on which the lawgiver has chosen to
remain silent.
- The Prophet said in a hadith:

“Ask me not about matters which I have not raised. Nations before you were aced with their destruction
because of excessive questioning and disputation with their prophets. When I command you to do
something, do it to the extend that you can, and avoid what I have forbidden”.
Majority vs Ibn Hazm
Majority validates qiyas in the light of general objectives of the Shari’ah.

They opined that qiyas is not an addition/ a superimposition on the nusus but their logical extension.
Thus the Zahiri argument that qiyas violates the integrity of nusus is devoid of substance.
Scope of Qiyas
Qiyas operates to discover, to reveal or to bring out law already established by the text or by consensus.
The purpose to exercise qiyas is not to originate a rule of law.
The jurists have no dispute the establishment of a rule of law by analogical extension through the
recognised procedure.
However, the jurists have disputed over the establishment of the cause or condition of a rule by
analogical deduction.
The issue: if the cause or condition of a rule is already established by the text or by consensus, can this
cause or condition extendible to another case on the basis of a common ground, to establish a like cause
or condition for a similar case.
For example: fornication is a cause of hadd punishment. On the analogy of this cause, can sodomy serve
as a cause of hadd punishment too?
According to generality of Hanafi jurists and a group of Shafii - not allowed
Usuliyun, al Badzdawi - valid
Subject Matter of Qiyas
–Intelligibles or Rational Questions (aqliyat)

–Lexical Questions (lughat)
–Causes and conditions (asbab wa shurut)
–Things for which no law originally exists in the Shari'ah (adam asli)
–Basic rituals (usul al-ibadat)
–Prescribed punishments (hudud), expiations (kaffarat) and things whose number or quantity or
measure have been stated by Shari'ah
–Concessions or exceptional rules (rukhsah)
–Thing relating to human nature (khilqah)
–The rules of Shari'ah in general
i) Intelligibles and Rational Questions

1) most of the Mutakallimin: valid, on the condition that a rational common link between the original
and the parallel case is available.
Eg: knowledge is the cause of knowledgeability of the creatures, for one who has knowledge is called
knowledgeable.
Similarly, God has knowledge, therefore His knowledgeability indicates that He is all knowing.
The opponent contend that if the original case is the same as the parallel case, both will be identical.
There is no need exercising ijtihad. If they differ, each of them will have its own identity.
2) Al-Ghazali: rational value or rational problems cannot be established by qiyas.
Eg: A man who kills another man under duress cannot be determined by qiyas but that should be
determined by intellectual inquiry.
ii) Lexical Questions (al-Qadaya al-lughawiyah)

1) al-Razi, Abu Ishaq - qiyas operates in lexical questions.
2) al-Ghazali, majority of Shafii jurists, Hanafi - does not operate in lexical questions.
The dispute lies about nouns that posited for particular meaning rotating along with the existence and
non-existence of their attributes.
Cont’d
Eg: can the noun sariq (thief) be applicable to nabbash (snatcher) for the common quality of taking the
goods secretly.
The exponents argued that:-
i) the Arabs gave names to some entities found in their time. With the passage of time, those entities
were also extinguished. The people then were agreed on giving the same name to similar entities. This
shows that they exercise analogy in giving names to similar entities.
However, Al-Qarafi argued that the Arabs gave names to the things as they thought of them by their
reason and not as they observe them with their eyes.
ii)the Arabs making a noun for a definite meaning is a product of their thought.
the opponents reply: the Arabs gave these signs to the active and the passive participation at the time of
their original making. When they made active participle or subject (fa’il) and gave it the sign of
nominative case (raf’) they did not make it for a specific thing, but for a universal truth.
iii) by the principle of rotation, the juice squeezed of grapes with the quality of intoxicating is called
khamr. The intoxication is a cause of its prohibition. Intoxication exists in nabidh (date-wine) too, it will
also be called khamr and the laws of khamr will apply to it.
The opponent reply: the cause (‘illah) in this context is used in the sense of sign, and not in the sense of
motive, for there is no affinity between the name and the thing or person to which the name has been
given.
iv) on the basis of the verse, “so Take a lesson: O you who have eyes”. This verse gives a general
permission to exercise qiyas in all sorts of questions, whether legal or lexical.
The opponents argued:
i)the exercise of qiyas in lexical questions is not valid. The Arabs call khamr Khall (vinegar) when it
become sour, but do not apply this name to everything which is sour. Al-Qarafi adds that the Arabs
specified some words for particular subjects and prohibited to apply that names to other things.
ii)if qiyas were allowed in lexical questions, the figurative use of words, particularly loan words, would
be invalid, for similarity maintains a connection between two meanings.
iii) Causes and Conditions of the rules of the Shari'ah

Majority of Shafii jurists – valid.
Abu Zayd Al-Dabussi and Hanafi - not allowed.
The exponent viewed that the Lawgiver has given the rules and also specified their causes. For eg:
amputation of the hand is a rule and theft is its cause. The Shafii hold that both of them are casual and
analogy extension of causes to a similar quality capable of being a valid cause.
Arguments of the exponents:
i)The causality is also an injunction of the Shari'ah, hence the exercise of qiyas in the causes is valid.
ii)The causality of a rule lies in the wisdom or underlying reason (hikmah) which the cause contains,
when the underlying reason is found in some other thing, that may serve as a cause for another rule.
iii)Rules of Shari'ah – 2 kinds, first the rule itself and second the prescription of its cause.
iv) Things for which no law exists originally in the Shari'ah.
The exponents: the questions for which no law originally exists in the Shari'ah are as rational as others.
The opponents contend that the things for which no law originally exists in the Shari'ah, continue their
non-existence by themselves.
Al-Ghazali defines nafy asli as the continuity of a thing in the same position as it stood before the advent
of the Shari'ah.
The generally accepted view is that qiyas al-dalalah (analogy of indication) applies to such cases and not
qiyas al-illah (analogy of cause).
v) Essentials of rituals
Al-Jubbai and al-Karkhi – Qiyas does not apply to the essentials of rituals.
For eg: not permissible to offer prayer by making a sign by a man who is unable to offer it in a sitting or
lying position, on the analogy of a man who is allowed to offer prayer in sitting position because of his
inability to offer it in standing position.
The exponents contend that in the Shari'ah if the essentials of ritual exist by reason of some public good
and that public good is also found in another act, it is necessary that act should also be considered as a
divine ordinance and a ritual (ibadah) on the analogy of that kind of public good which has been
established by the text.
vi) Prescribed punishments, expiations and stated quantities
Al-Shafii, Ahmad, Ibn al Qassar and most of the scholars - qiyas can be exercised in these cases.
They justify this on the basis of the text, consensus and reason.
Abu Hanifah invalidates the exercise of qiyas in these questions.
They argued that:
i) The hadd punishment and expiations are stated matters whose ground or inner meaning which caused
their prescription cannot be understood.
ii) Hudud are punishments and the expiations are quasi-punishments.
iii) The Lawgiver has prescribed the amputation of hand for committing theft, but he has not prescribed
it for making correspondence with the infidels in the enemy territory, although the latter is more
serious.
The Exponents reply:

i) The problem of certain nature - the rule of law extended from the original to the parallel case is the
obligation of hadd punishment and expiation, the cause of their prescription is intelligible.
ii) Suppose there is a likelihood of error in exercise of qiyas, still it is not correct to say that qiyas makes a
thing doubtful, for the rule based on analogical deduction has a great probability of truth.
iii)
a) It is true that the lawgiver has prohibited the exercise in certain cases of hadd punishment and
expiation, but this does not imply that he had absolutely prohibited the exercise of qiyas.
b) As regards theft and correspondence with the infidels, there is a difference between the two.
vii) Concessions or exceptional laws (rukhsah)
Exponents (al-Syafii, one view from Maliki) - the lawgiver some times acting upon the principle of
induction , departs from the general rule based on some evidence by reason of public interest. When
such a preferable public interest is found in certain case, one must deviate from the general rule and
prefer the greater public interest to the one which is lesser.
Opponents - (Hanafi) concessions are opposed to the general rule based on textual evidence, and if they
are extended by analogy, the opposition would multiply.
viii) Things relating to nature and temperament, and things which no action is involved
Qiyas does not operate in all these questions. If a woman menstruates for 10 days and her bleeding
ends within this period, it is not permissible to compare this woman with another and say so-and-so
should also menstruate for 10 days on the analogy of the former.
Qiyas does not operate to determine the maximum and minimum period of menstruation, childbed and
gestation, for it varies from person to person, time to time. Their actual cause are unknown nor are they
intelligible.
Al-Shirazi- Qiyas can be exercised in matters relating to nature. Temperament and custom if their cause
is a sign or a symptom.
ix) The rules of the Shari'ah in general
Exponent - all the rules of the Shari'ah belong to one genus. When qiyas is exercised to establish some
of the rules of Shari'ah, it can be exercised to established the rest too.
Opponent - the rules of Shari'ah by its definition is a genus for all the rules. However, the rules of
Shari'ah in general are of different types and distinguished from each other by their distinctive features.
The Application of Qiyas in the Malaysian Legislation and Fatwa
In Malaysia, there is no express provision in the laws that allows the application of qiyas.
Neither the laws prohibit such application.
However, by virtue of Article 3 and item 1 of State List of the Ninth Schedule of the Federal Constitution,
we may infer that qiyas is allowed to be applied in Malaysia.
This is because apart from recognizing Islam as the religion of Federation, such constitutional provisions
also allow Hukum Syarak to be practiced, regulated and implemented by the Muslims in this country.
Since qiyas is a matter that falls under Hukum Syarak, our humble submission and ijtihad is,
constitutionally qiyas can be referred to and can become one source to deduce hukum or ruling in
Malaysia.
In fact, by way of inference, the principle of qiyas has already been widely accepted and applicable in
enacting or deducing some laws, offences, hukum and fatwa in Malaysia, for example, as follows:
Drugs – Dangerous Drugs Act

Asl – wine drinking
Far’ – taking drug
 ‘Illah – intoxicating effect and damaging human’s intellectual
 Hukm – prohibition/haram
Rape – Section 376 Penal Code

 Asl – zina
 Far’ – rape
 ‘Illah – destroy the lineage and dignity
 Hukm - prohibition/haram
Liwat – Section 377D Penal Code and Section 25 SCOA

 Asl – zina
 Far’ – liwat
Incest – Section 376B Penal Code and Section 20 SCOA

 Asl – zina
 Far’ – incest
Prostitution – Section 21 SCOA

 Asl – zina
 Far’ – prostitution
Musahaqah – Section 26 SCOA

 Asl – zina
 Far’ – musahaqah
Khalwat – Section 27 SCOA

 Asl – not come near to zina
 Far’ – khalwat
Murder – Section 302 Penal Code

 Asl – punishment for killing without lawful justification
 Far’ – punishment of murder
 ‘Illah – killing or destroy one’s life
 Hukm – death sentence/qisas
Criminal misappropriation of property – Section 403 Penal Code

 Asl – theft
 Far’ – criminal misappropriation of property
 ‘Illah – take unlawful possession of one’s property
 Hukm - prohibition/haram.
Smoking in mosque – Fatwa by Selangor Fatwa Committee

 Asl – eating onion in mosque
 Far’ – smoking in mosque
 ‘Illah – causing bad smell to the mouth
Man’s wearing white gold – Fatwa by Selangor Fatwa Committee

 Asl – wearing yellow gold
 Far’ – wearing white gold
 ‘Illah – contain more than 50% of yellow gold
Beauty contest – Fatwa by Selangor Fatwa Committee

 Asl – injunction to cover one’s aurah
 Far’ – beauty contest
 ‘Illah – exposing one’s aurah
Life insurance – Fatwa by National Fatwa Council

 Asl – gambling
 Far’ – life insurance
 ‘Illah – contain the elements of gharar, gambling and riba
Zakat of salary/income – Fatwa by National Fatwa Council
 Asl – zakat of property
 Far’ – zakat of salary/income
 ‘Illah – an increase to one’s property
 Hukm – wajib zakat (follow the rate of zakat of property, i.e. 2.5% of the annual salary)
Botox – Fatwa by National Fatwa Council

 Asl – swine’s flesh is prohibited
 Far’ – botox (Botulinum Toxin)
 ‘Illah – contain parts/extracts of swine & can cause madarrah
Brush made from swine’s fur – Fatwa by National Fatwa Council
 Asl – swine’s flesh is prohibited
 Far’ – brush made from swine’s fur
 ‘Illah – contain parts of swine (i.e. fur)
Divorce through SMS – Fatwa by National Fatwa Council

 Asl – talaq (clear or kinayah)
 Far’ – divorce through SMS
 ‘Illah – contain the words talaq
 Hukm – amount to talaq kinayah if followed with niyyah
Hukm Friday prayer for staffs of Jabatan Perkhidmatan Pos – Fatwa by National Fatwa Council
 Asl – Friday prayer compulsory for all males Muslim
 Far’ – Friday prayer for staffs of Jabatan Perkhidmatan Pos
 ‘Illah – Males Muslim
 Hukm – wajib because not fall under the definition of uzur syar’ie
Feasibility of Qiyas
The application of qiyas is still relevant in modern days;
i. With the new development in a modern world, one cannot stop new issues from arising.
No more revelation so how to find a hukm?
If two incidents are similar, and one of them is covered by a clear legal rule but not the other.
The application of the principles of qiyas could be one of the best solution in this situation.
ii. New case happen all over the world especially with the rapid growth globalization.
This happen irrespective of geographical boundary, therefore it needs solution.

The express textual obligation in the Quran and Sunnah are limited in numbers while the incidents and
problems of life are unlimited and unending.
Hence it would be illogical to assert that all the problems and exigencies of life will be covered by the
textual injunctions.
Qiyas therefore is a mode of reasoning to legislate for novel questions, to reveal the divine rule of law,
and to harmonize between divine legislation and human interest.
Cont’d
iii. Al-Quran provides a complete ruling and a basic general rule for all events which can accommodate
human being and provide solution for all.
It is our duty to derive the hukm or solution for a new case through the application of qiyas.
Reform Proposals
1. The main four pillars of qiyas that had been developed by the classical jurists must always be retained,
that are, the asl, far’, ‘illah and hukm.
This is because this matter had been deliberated by eminent jurists during those times and the
knowledge they had are not comparable.
2. Legal Mechanism
Our proposal
1: to recognize qiyas as a source of law in the laws, for example in the Constitution and State laws
2: to enact a standard procedure of law how to apply qiyas, example like Standard Procedure. This
would be a standard practice to be followed by respective institution
3. Administrative Measure
The Islamic institutions like JAKIM, Mufti and other religious authorities should widely apply qiyas in a
new arising case to find a solution.
These institutions should become the forefront and leading agency to apply qiyas.
4. The government should make a policy through cabinet decision that qiyas should be implemented in
any new case arises in compliance with Art 3 of Federal Constitution which provides that Islam is the
religion of Federation and has special status under the Constitution
5. Development of human capital. There must be continuous effort to produce many experts/mujtahid
in qiyas especially in Malaysia. One way of doing it is through education. The subject of qiyas should be
exposed to students as early as their secondary level. Therefore a reform should be made by the
Ministry of Education to include qiyas in the secondary school syllabus.
Conclusion
Majority of Muslim jurists recognised qiyas as one of the source of Islamic law, next to the Quran,
Sunnah and Ijma’.
In applying qiyas, four basic elements must be fulfilled, that are, the asl (original case), far’ (new case),
‘illah (cause effective) and hukm (new ruling). These “classic” elements must always be preserved and
uphold and should not be the subject for reform.
The application of qiyas is still relevant and feasible in this modern and globalisation era. This is due to
the increased number of new Shari'ah related issues around the world. Thus, in deducing these new
hukm, there is still a need to rely on qiyas besides the other three primary sources of Islamic law.
By inference, qiyas has been widely applied in Malaysia, for example by the Fatwa Council/ Committee
(in deducing new hukm) and the legislature (in creating offences and punishment). The examples of its
application are as what have been discussed earlier.
Legislative reforms should be made to the application of the rule of qiyas, i.e. qiyas should be recognised
as source of law in this country. For it to have legal force, reference to qiyas should be reflected in the
Federal Constitution and other relevant laws.
The Government should make a policy and encourage the relevant authorities to apply qiyas in
determining the hukm of any new case (far’).
In producing more experts in qiyas, the subject should be thought as early as in the secondary school
Qiyas in Islamic Law – A Brief Introduction

Ahmad Sanusi Husain
Qiyâs is a method that uses analogy – comparison – to derive Islamic legal rulings for
new developments. Qiyâs can be defined as taking an established ruling from Islamic
Law and applying it to a new case, in virtue of the fact that the new case shares the
same essential reason for which the original ruling was applied. Qiyâs, therefore, is a
method that Muslim jurists use to derive a ruling for new situations that are not
addressed by the Qur’ân and Sunnah, like many new developments of our age and
like the customs of people not encountered in Arabia during the time of the Prophet
(peace be upon him). By way of qiyâs, these issues can be referred back to those that
are explicitly mentioned in the sacred texts. When we know the reason why something
in Islamic Law is obligatory, preferred, permitted, disliked, or forbidden, then if
something else shares the same reason, it can be given the same legal ruling.
Categories of Qiyâs:There are two major categories of qiyâs with respect to its strength
as evidence: overt and obscure. A. Obvious Comparison (qiyâs jaliyy): This is where the
new situation being investigated is clearly no different in its essentials from a matter that
Islamic Law has a clear and established ruling for. This is especially the case where the
sacred texts clearly spell out the reason for the original ruling or where there is
unanimous agreement among Muslims as to what that reason is. In such cases, there is
no need for the jurist to try to deduce a quality in the new situation that he can use to
make a comparison with some precedent in Islamic Law. Everything is clear and up-
front. Consider the following examples:
1. What is the ruling when the guardian of the orphan’s estate burns all the orphan’s
property? Though there is no direct textual evidence that discusses burning the
orphan’s property, the ruling is patently clear. It takes the same ruling as when the
guardian squanders the orphan’s wealth on himself. Allah says: “Lo! Those who devour
the wealth of orphans wrongfully, they do but swallow fire into their bellies, and they will
be exposed to burning flame.” [Sûrah al-Nisâ’: 10] It is prohibited for the guardian of the
orphan’s estate to wrongfully spend the orphan’s wealth on himself. The reason for this
ruling is obvious – it brings loss to the orphan’s property. This is precisely what would
happen if the guardian burns the orphan’s property. The orphan will suffer the loss.
There is no material difference between the two cases. Since the two cases share the
reason for the ruling, they share the same ruling. It is unquestionably prohibited for the
guardian to burn or otherwise vandalize the orphan’s property.
2. What is the ruling on giving one’s parents a good smack? We will not find any text in
our scriptures that directly addresses this question. However, we are in no doubt that it is
absolutely prohibited and sinful to do so. We find in the Qur’ân that it is sinful to even
mutter “ugh” or “uff” to our parents in exasperation when they ask us to do something
for them. Allah says: “And your Lord has commanded that you shall not worship any but
Him, and that you show kindness to your parents. If either or both of them reach old
age with you, say not to them so much as “ugh” nor chide them, but speak to them a
generous word.” [Sûrah al-Isrâ’: 23] We are prohibited to say “ugh” to our parents,
because it is abusive behavior. At the very least, it hurts their feelings. We can have no
doubt that shoving them or smacking them is even more abusive and hurtful. Since the
reason for prohibition is even more evident here, we can be certain that smacking our
parents is unlawful and very sinful. From these examples, there should be no question
that qiyâs should be accepted as a legal means for establishing Islamic legislation
whenever the comparison is overt and clear. Some scholars do not consider these
examples to even fall under the heading of qiyâs, due to how clear and obvious they
are, but consider such rulings to constitute part of what the texts themselves
communicate. B. Obscure Comparison (qiyâs khafiyy): This is where the new situation
being investigated is not so overtly similar in its essentials to the established matter in
Islamic Law that it is being compared to. This is especially the case where the sacred
texts do not spell out the reason for the original ruling or where there is disagreement
among Muslims as to what that reason is. Scholars cite as an example that the criminal
liability for murder with a bludgeon is the same as that for murder with a knife, since in
both cases there is “an intentional and hostile act of killing”. The difference here to the
examples above is that the shared reason for the ruling is one that has been deduced
by the jurists from the ruling prohibiting murder. The formula “an intentional and hostile
act of killing” is a legal construct developed by legal theorists to define when a killing is
legally an act of murder. It is not something that is explicitly stated in the texts, but rather
something that is deduced from them. In such cases, there is a greater burden upon
the jurist, who is required to extrapolate and explain the cause of the established ruling
and then explain how that cause is also present in the new matter under investigation.
All scholars agree on calling this kind of reasoning by the name qiyâs.
Areas of Scholarly Agreement Regarding the Validity of Qiyâs as a Form of
Reasoning:Muslims are all agreed that qiyâs is a valid approach to reasoning in the
following areas of inquiry:
1. Worldly matters: for instance, comparing one medicine to another or pricing one
product on the basis of the price of similar products in the market.
2. Any qiyâs that was carried out by the Prophet (peace be upon him): since its
consideration become certain on account of its taking place in a context of certainty.
The scholars of Ahl al-Sunnah are also in agreement that qiyâs cannot be applied to
certain matters. It cannot be used to answer essential questions of belief or to
investigate matters relating to Allah’s nature and attributes if it leads to comparing Allah
to His creation. Qiyâs can only be validly applied in these matters to extent of
demonstrating that Allah is superior and transcendent to created things. Otherwise, the
use of qiyâs will lead to the mistake of considering both Creator and His creation
equally under the aegis of more general concepts. It will also lead to considering Allah
as being similar to created things. Allah says: “To Allah applies the highest similitude: for
He is the Exalted in Power, full of Wisdom.” [Sûrah al-Nahl: 60] Allah says: “There is none
like unto Him, and He is the All-Hearing, the All-Seeing.” [Sûrah al-Shûrâ: 11]
As Muslims, we must believe that Allah is free from every deficiency that exists in
created beings. By contrast, every aspect of perfection applies more to the Creator
than it can to anything in creation. These matters are agreed upon.
Areas of Scholarly Disagreement Regarding the Validity of Qiyâs:Scholars disagree
regarding the applicability of the second type of qiyâs (qiyâs khafiyy) in matters of
Islamic Law. The discussion that follows will be dealing specifically with this second type.
All of the leading scholars from among the Prophet’s Companions, as well as the Islamic
legal scholars from all the major schools of thought agree that qiyâs is a source of
Islamic legislation. It can be used as evidence to establish Islamic legal rulings on
matters that are not directly addressed by the sacred texts. Ahmad b. Hanbal said: “No
one can entirely dispense with qiyâs.” Some legal theorists of the Mu`tazilî persuasion
denied the validity of qiyâs. The leading proponent of this line of thinking was al-
Nazzâm, who was followed by Ja`far b. Harb, Ka`far b. Mubashshir, and Muhammad b.
Àbd Allah al-Iskâfî. This line of thinking was also adopted by some scholars of Ahl al-
Sunnah, most notably Dâwûd al-Zâhirî. These scholars, in turn, differed among
themselves regarding the reasons why they dismissed qiyâs. Some of them argued that
qiyâs is contrary to reason. One argument given in this light was that: “Delving into this
method is intellectually repugnant in its own right”. Another argument was: “Islamic
legal rulings are based on human well-being, and no one knows human well-being
except the One who gave us the sacred law. Therefore, the only way we can know the
sacred law is from the revelation.” Other scholars said that qiyâs is not contrary to
reason, but prohibited by the sacred law itself. There were two schools of though that
propounded this general idea.
1. The first was that of Ibn Hazm, the most prominent scholar of the Zâhirî school of law.
He argued that the Qur’ân and Sunnah came with everything that is needed, so there
is no need for qiyâs.
2. A second school of thought considered it a sin to even acknowledge the validity of
qiyâs. The Hanafî jurist Abû Zayd al-Dâbûsî summarizes the opinions of those who reject
qiyâs as follows:
Those who reject qiyâs are four groups. First, there are those who reject all rational
evidence, and reject qiyâs because it is based on reason. Then there are those who
hold that the only valid source of knowledge is that which is founded in rational
necessity, and they argue that qiyâs is not founded on rational necessity. Then there
are those who do not regard qiyâs as a valid source of evidence for matters of Islamic
Law. Finally, there are those who argue that qiyâs would only a valid source of
evidence for matters of Islamic Law in cases of necessity. However, there is never a
need to resort to qiyâs, because in the absence of direct textual evidence, the default
legal ruling is one of permissibility.The truth is that qiyâs is a valid source of Islamic Law.
The disagreements that developed regarding its validity came about after the
Companions agreed unanimously that it is a valid approach, and after the Successors –
the students of the Companions – applied qiyâs and endorsed it without hesitation.. This
means that the disagreement came about after it had been a matter of consensus
(ijmâ`).
General Rules for the Valid Application of Qiyâs: There are a number of guidelines that
must be observed for qiyâs to be correctly applied. We will mention these in a very brief
and summarized form:
1. Qiyâs can never be used to establish a ruling that contravenes a ruling or legal
principle established by direct scriptural evidence. This is because qiyâs is not to be
resorted to in a matter where we have a text that gives a ruling.
2. The person who engages in deriving a ruling through qiyâs must have the
qualifications to engage in independent juristic reasoning (ijtihâd).
3. The qiyâs itself must be reasoned through properly. It must comply with all of the
considerations that Islamic legal theorists have discussed in the books of jurisprudence.
Otherwise, the qiyâs will not be valid. It will be of the type that the earliest scholars
condemned. However, they did not ever categorically condemn qiyâs. Al-Ghazâlî
writes: “Whoever rejects qiyâs in principle is certainly mistaken in his thinking, and should
be deemed as sinful.”
There are 4 sources of finding an answer relating law and other confusions.
First is Quran: Quran is words of Allah. If you need any answer of a question according to
Islam then Quran is the first source to find the answer.
Second is Hadis : Hadis are the sayings of Prophet Muhammad. Since Quran is complex
and its hard for some people to deduce the message behind some verses. So Hadis is chosen
to find the answer if its not found in Quran.
Third is Ijma : If answer is not found in Hadis too then Ijma is used. Ijma is done by a
meeting of some scholars who find an answer by relating it to Quran and Hadis. The answer
on which most scholars agree is taken as the answer of that particular question/topic.
Then comes Qiyas: If answer is not found in any of the sources mentioned above then
Qiyas is done. Qiyas is using your own mind to find an answer of a question. This answer
must not go against above mentioned sources and should be related to them. For example. A
new drug came that is used by doctors to make their patients pass out for any operation or
surgery. Would it be haram for me to take that drug ? I will see the answers in sources
mentioned above relating other drugs. I will deduce that if other drugs and intoxicants are
haram if abused then this drug is also haram. This is what's Qiyas, its the process of
deductive analogy in which the teachings of the Hadith are compared and contrasted with
those of the Qur'an, in order to apply a known injunction (nass) to a new circumstance and
create a new injunction.
Here the ruling of the Sunnah and the Qur'an may be used as a means to solve or provide a
response to a new problem that may arise. This, however, is only the case providing that the
set precedent or paradigm and the new problem that has come about will share operative
causes (‫عِلّة‬, ʿillah). The ʿillah is the specific set of circumstances that trigger a certain law
into action.
An example of the use of qiyās is the case of the ban on selling or buying of goods after the
last call for Friday prayers until the end of the prayer stated in the Quran 62:9. By analogy
this prohibition is extended to other transactions and activities such as agricultural work
and administration.
Islam
RELIGION
WRITTEN BY:
 Muhsin S. Mahdi
 Annemarie Schimmel
 Fazlur Rahman
Islam, major world religion promulgated by the Prophet Muhammad in
Arabia in the 7th century CE. The Arabic term islām, literally
“surrender,” illuminates the fundamental religious idea of Islam—that
the believer (called a Muslim, from the active particle of islām) accepts
surrender to the will of Allah (in Arabic, Allāh: God). Allah is viewed as
the sole God—creator, sustainer, and restorer of the world. The will of
Allah, to which human beings must submit, is made known through the
sacred scriptures, the Qurʾān (often spelled Koran in English), which
Allah revealed to his messenger, Muhammad. In Islam Muhammad is
considered the last of a series of prophets
(including Adam, Noah, Abraham, Moses, Solomon, and Jesus), and his
message simultaneously consummates and completes the
“revelations” attributed to earlier prophets.
Retaining its emphasis on an uncompromising monotheism and a
strict adherence to certain essential religious practices, the religion
taught by Muhammad to a small group of followers spread rapidly
through the Middle East to Africa, Europe, the Indian subcontinent,
the Malay Peninsula, and China. By the early 21st century there were
more than 1.5 billion Muslims worldwide. Although many sectarian
movements have arisen within Islam, all Muslims are bound by a
common faith and a sense of belonging to a single community.
This article deals with the fundamental beliefs and practices of Islam
and with the connection of religion and society in the Islamic world.
The history of the various peoples who embraced Islam is covered in
the article Islamic world.
The Foundations Of Islam

The legacy of Muhammad
From the very beginning of Islam, Muhammad had inculcated a sense
of brotherhood and a bond of faith among his followers, both of which
helped to develop among them a feeling of close relationship that was
accentuated by their experiences of persecution as
a nascentcommunity in Mecca. The strong attachment to the tenets of
the Qurʾānic revelation and the conspicuous socioeconomic content
of Islamic religious practices cemented this bond of faith. In 622 CE,
when the Prophet migrated to Medina, his preaching was soon
accepted, and the community-state of Islam emerged. During this
early period, Islam acquired its characteristic ethos as a religion uniting
in itself both the spiritual and temporal aspects of life and seeking to
regulate not only the individual’s relationship to God (through
conscience) but human relationships in a social setting as well. Thus,
there is not only an Islamic religious institution but also an Islamic law,
state, and other institutions governing society. Not until the 20th century
were the religious (private) and the secular (public) distinguished by
some Muslim thinkers and separated formally in certain places such as
Turkey.
This dual religious and social character of Islam, expressing itself in one
way as a religious community commissioned by God to bring its own
value system to the world through the jihād (“exertion,” commonly
translated as “holy war” or “holy struggle”), explains the astonishing
success of the early generations of Muslims. Within a century after the
Prophet’s death in 632 CE, they had brought a large part of the globe—
from Spain across Central Asia to India—under a new Arab Muslim
empire.
The period of Islamic conquests and empire building marks the first
phase of the expansion of Islam as a religion. Islam’s
essential egalitarianism within the community of the faithful and its
official discrimination against the followers of other religions won rapid
converts. Jews and Christians were assigned a special status
as communities possessing scriptures and were called the “people of
the Book” (ahl al-kitāb) and, therefore, were allowed
religious autonomy. They were, however, required to pay a per capita
tax called jizyah, as opposed to pagans, who were required to either
accept Islam or die. The same status of the “people of the Book” was
later extended in particular times and places
to Zoroastrians and Hindus, but many “people of the Book” joined Islam
in order to escape the disability of the jizyah. A much more massive
expansion of Islam after the 12th century was inaugurated by
the Sufis (Muslim mystics), who were mainly responsible for the spread
of Islam in India, Central Asia, Turkey, and sub-Saharan Africa (see
below).
Beside the jihad and Sufi missionary activity, another factor in the
spread of Islam was the far-ranging influence of Muslim traders, who
not only introduced Islam quite early to the Indian east coast and South
India but also proved to be the main catalytic agents (beside the Sufis)
in converting people to Islam in Indonesia, Malaya, and China. Islam
was introduced to Indonesia in the 14th century, hardly having time to
consolidate itself there politically before the region came under
Dutch hegemony.
The vast variety of races and cultures embraced by Islam (an
estimated total of more than 1.5 billion persons worldwide in the early
21st century) has produced important internal differences. All segments
of Muslim society, however, are bound by a common faith and a sense
of belonging to a single community. With the loss of political power
during the period of Western colonialism in the 19th and 20th centuries,
the concept of the Islamic community (ummah), instead of weakening,
became stronger. The faith of Islam helped various Muslim peoples in
their struggle to gain political freedom in the mid-20th century, and the
unity of Islam contributed to later political solidarity.
Sources of Islamic doctrinal and social views

Islamic doctrine, law, and thinking in general are based upon four
sources, or fundamental principles (uṣūl): (1) the Qurʾān, (2)
the Sunnah (“Traditions”), (3) ijmāʿ (“consensus”), and
(4) ijtihād (“individual thought”).
The Qurʾān (literally, “reading” or “recitation”) is regarded as
the verbatim word, or speech, of God delivered to Muhammad by the
archangel Gabriel. Divided into 114 suras (chapters) of unequal length,
it is the fundamental source of Islamic teaching. The suras revealed at
Mecca during the earliest part of Muhammad’s career are concerned
mostly with ethical and spiritual teachings and the Day of Judgment.
The suras revealed at Medina at a later period in the career of the
Prophet are concerned for the most part with social legislation and the
politico-moral principles for constituting and ordering the community.
Sunnah (“a well-trodden path”) was used by pre-Islamic Arabs to

denote their tribal or common law. In Islam it came to mean the
example of the Prophet—i.e., his words and deeds as recorded
in compilations known as Hadith (in Arabic, Ḥadīth: literally, “report”; a
collection of sayings attributed to the Prophet). Hadith provide the
written documentation of the Prophet’s words and deeds. Six of these
collections, compiled in the 3rd century AH (9th century CE), came to
be regarded as especially authoritative by the largest group in Islam,
the Sunnis. Another large group, the Shīʿites, has its own Hadith
contained in four canonicalcollections.
The doctrine of ijmāʿ, or consensus, was introduced in the 2nd
century AH (8th century CE) in order to standardize legal theory and
practice and to overcome individual and regional differences of
opinion. Though conceived as a “consensus of scholars,” ijmāʿ was in
actual practice a more fundamental operative factor. From the 3rd
century AH ijmāʿ has amounted to a principle of stability in thinking;
points on which consensus was reached in practice were considered
closed and further substantial questioning of them prohibited.
Accepted interpretations of the Qurʾān and the actual content of the
Sunnah (i.e., Hadith and theology) all rest finally on the ijmāʿ in the
sense of the acceptance of the authority of their community.
Ijtihād, meaning “to endeavour” or “to exert effort,” was required to
find the legal or doctrinal solution to a new problem. In the early period
of Islam, because ijtihād took the form of individual opinion (raʾy), there
was a wealth of conflicting and chaotic opinions. In the 2nd
century AHijtihād was replaced by qiyās (reasoning by strict analogy), a
formal procedure of deduction based on the texts of the Qurʾān and
the Hadith. The transformation of ijmāʿ into a conservative mechanism
and the acceptance of a definitive body of Hadith virtually closed the
“gate of ijtihād” in Sunni Islam while ijtihād continued in Shiʿism.
Nevertheless, certain outstanding Muslim thinkers (e.g., al-Ghazālī in the
11th–12th century) continued to claim the right of new ijtihād for
themselves, and reformers in the 18th–20th centuries, because of
modern influences, caused this principle once more to receive wider
acceptance.
The Qurʾān and Hadith are discussed below. The significance
of ijmāʿand ijtihād are discussed below in the contexts of
Islamic theology, philosophy, and law.
Doctrines of the Qurʾān

God
The doctrine about God in the Qurʾān is rigorously monotheistic: God is
one and unique; he has no partner and no equal. Trinitarianism, the
Christian belief that God is three persons in one substance, is
vigorously repudiated. Muslims believe that there are no intermediaries
between God and the creation that he brought into being by his sheer
command, “Be.” Although his presence is believed to be everywhere,
he is not incarnated in anything. He is the sole creator and sustainer of
the universe, wherein every creature bears witness to his unity and
lordship. But he is also just and merciful: his justice ensures order in his
creation, in which nothing is believed to be out of place, and his mercy
is unbounded and encompasses everything. His creating and ordering
the universe is viewed as the act of prime mercy for which all things
sing his glories. The God of the Qurʾān, described as majestic
and sovereign, is also a personal God; he is viewed as being nearer to
one than one’s own jugular vein, and, whenever a person in need or
distress calls him, he responds. Above all, he is the God of guidance
and shows everything, particularly humanity, the right way, “the straight
path.”
This picture of God—wherein the attributes of power, justice, and
mercy interpenetrate—is related to the concept of God shared
by Judaism and Christianity and also differs radically from the concepts
of pagan Arabia, to which it provided an effective answer. The pagan
Arabs believed in a blind and inexorable fate over which humans had
no control. For this powerful but insensible fate the Qurʾān substituted a
powerful but provident and merciful God. The Qurʾān carried through
its uncompromising monotheism by rejecting all forms of idolatry and
eliminating all gods and divinities that the Arabs worshipped in their
sanctuaries (ḥarams), the most prominent of which was
the Kaʿbah sanctuary in Mecca itself.
The universe
In order to prove the unity of God, the Qurʾān lays frequent stress on
the design and order in the universe. There are no gaps or dislocations
in nature. Order is explained by the fact that every created thing is
endowed with a definite and defined nature whereby it falls into a
pattern. This nature, though it allows every created thing to function in
a whole, sets limits; and this idea of the limitedness of everything is one
of the most fixed points in both the cosmology and theology of the
Qurʾān. The universe is viewed, therefore, as autonomous, in the sense
that everything has its own inherent laws of behaviour, but not as
autocratic, because the patterns of behaviour have been endowed
by God and are strictly limited. “Everything has been created by us
according to a measure.” Though every creature is thus limited and
“measured out” and hence depends upon God, God alone, who
reigns unchallenged in the heavens and the earth, is unlimited,
independent, and self-sufficient.
Humanity
According to the Qurʾān, God created two apparently parallel species
of creatures, human beings and jinn, the one from clay and the other
from fire. About the jinn, however, the Qurʾān says little, although it is
implied that the jinn are endowed with reason and responsibility but
are more prone to evil than human beings are. It is with humanity that
the Qurʾān, which describes itself as a guide for the human race, is
centrally concerned. The story of the Fall of Adam (the first man)
promoted in Judaism and Christianity is accepted, but the Qurʾān
states that God forgave Adam his act of disobedience, which is not
viewed in the Qurʾān as original sin in the Christian sense of the term.
In the story of the creation of humanity, the angel Iblīs, or Satan, who
protested to God against the creation of human beings, because they
“would sow mischief on earth,” lost in the competition of knowledge
against Adam. The Qurʾān, therefore, declares humanity to be the
noblest of all creation, the created being who bore the trust (of
responsibility) that the rest of creation refused to accept. The Qurʾān
thus reiterates that all nature has been made subservient to humans,
who are seen as God’s vice-regent on earth; nothing in all creation has
been made without a purpose, and humanity itself has not been
created “in sport” but rather has been created with the purpose of
serving and obeying God’s will.
Despite this lofty station, however, the Qurʾān describes human
nature as frail and faltering. Whereas everything in the universe has a
limited nature and every creature recognizes its limitation and
insufficiency, human beings are viewed as having been given freedom
and therefore are prone to rebelliousness and pride, with the tendency
to arrogate to themselves the attributes of self-sufficiency. Pride, thus, is
viewed as the cardinal sin of human beings, because, by not
recognizing in themselves their essential creaturely limitations, they
become guilty of ascribing to themselves partnership with God (shirk:
associating a creature with the Creator) and of violating the unity of
God. True faith (īmān), thus, consists of belief in the immaculate Divine
Unity and islām (surrender) in one’s submission to the Divine Will.
Satan, sin, and repentance
In order to communicate the truth of Divine Unity, God has sent
messengers or prophets to human beings, whose weakness of nature
makes them ever prone to forget or even willfully to reject Divine Unity
under the promptings of Satan. According to the Qurʾānic teaching,
the being who became Satan (Shayṭān or Iblīs) had previously
occupied a high station but fell from divine grace by his act of
disobedience in refusing to honour Adam when he, along with other
angels, was ordered to do so. Since then his work has been
to beguile human beings into error and sin. Satan is, therefore, the
contemporary of humanity, and Satan’s own act of disobedience is
construed by the Qurʾān as the sin of pride. Satan’s machinations will
cease only on the Last Day.
Judging from the accounts of the Qurʾān, the record of humanity’s
acceptance of the prophets’ messages has been far from perfect. The
whole universe is replete with signs of God. The human soul itself is
viewed as a witness of the unity and grace of God. The messengers of
God have, throughout history, been calling humanity back to God. Yet
not all people have accepted the truth; many of them have rejected it
and become disbelievers (kāfir, plural kuffār; literally, “concealing”—
i.e., the blessings of God), and, when a person becomes so obdurate,
his heart is sealed by God. Nevertheless, it is always possible for a sinner
to repent (tawbah) and redeem himself by a genuine conversion to
the truth. There is no point of no return, and God is forever merciful and
always willing and ready to pardon. Genuine repentance has the
effect of removing all sins and restoring a person to the state of
sinlessness with which he started his life.
Prophecy
Prophets are men specially elected by God to be his messengers.
Prophethood is indivisible, and the Qurʾān requires recognition of all
prophets as such without discrimination. Yet they are not all equal,
some of them being particularly outstanding in qualities of
steadfastness and patience under trial. Abraham, Noah, Moses,
and Jesus were such great prophets. As vindication of the truth of their
mission, God often vests them with miracles: Abraham was saved from
fire, Noah from the Deluge, and Moses from the pharaoh. Not only was
Jesus born from the Virgin Mary, but God also saved him from
crucifixion at the hands of the Jews. The conviction that God’s
messengers are ultimately vindicatedand saved is an integral part of
the Qurʾānic doctrine.
All prophets are human and never part of divinity: they are the most
perfect of humans who are recipients of revelation from God. When
God wishes to speak to a human, he sends an angel messenger to him
or makes him hear a voice or inspires him. Muhammad is accepted as
the last prophet in this series and its greatest member, for in him all the
messages of earlier prophets were consummated. The
archangel Gabriel brought the Qurʾān down to the Prophet’s “heart.”
Gabriel is represented by the Qurʾān as a spirit whom the Prophet
could sometimes see and hear. According to early traditions, the
Prophet’s revelations occurred in a state of trance when his
normal consciousness was transformed. This state was accompanied
by heavy sweating. The Qurʾān itself makes it clear that the revelations
brought with them a sense of extraordinary weight: “If we were to send
this Qurʾān down on a mountain, you would see it split asunder out of
fear of God.”
This phenomenon at the same time was accompanied by an
unshakable conviction that the message was from God, and the
Qurʾān describes itself as the transcript of a heavenly “Mother Book”
written on a “Preserved Tablet.” The conviction was of such an intensity
that the Qurʾān categorically denies that it is from any earthly source,
for in that case it would be liable to “manifold doubts and oscillations.”
Eschatology (doctrine of last things)
In Islamic doctrine, on the Last Day, when the world will come to an
end, the dead will be resurrected and a judgment will be pronounced
on every person in accordance with his deeds. Although the Qurʾān in
the main speaks of a personal judgment, there are several verses that
speak of the resurrection of distinct communities that will be judged
according to “their own book.” In conformity with this, the Qurʾān also
speaks in several passages of the “death of communities,” each one of
which has a definite term of life. The actual evaluation, however, will be
for every individual, whatever the terms of reference of his
performance. In order to prove that the resurrection will occur, the
Qurʾān uses a moral and a physical argument. Because not all requital
is meted out in this life, a final judgment is necessary to bring it to
completion. Physically, God, who is all-powerful, has the ability to
destroy and bring back to life all creatures, who are limited and are,
therefore, subject to God’s limitless power.
Some Islamic schools deny the possibility of human intercession but
most accept it, and in any case God himself, in his mercy, may forgive
certain sinners. Those condemned will burn in hellfire, and those who
are saved will enjoy the abiding joys of paradise. Hell and heaven are
both spiritual and corporeal. Beside suffering in physical fire, the
damned will also experience fire “in their hearts.” Similarly, the blessed
will experience, besides corporeal enjoyment, the greatest happiness
of divine pleasure.
Social service
Because the purpose of human existence is submission to the Divine
Will, as is the purpose of every other creature, God’s role in relation to
human beings is that of the commander. Whereas the rest of nature
obeys God automatically, humans are the only creatures that possess
the choice to obey or disobey. With the deep-seated belief in Satan’s
existence, humanity’s fundamental role becomes one of moral
struggle, which constitutes the essence of human endeavour.
Recognition of the unity of God does not simply rest in the intellect but
entails consequences in terms of the moral struggle, which consists
primarily in freeing oneself of narrowness of mind and smallness of
heart. One must go out of oneself and expend one’s possessions for the
sake of others.
The doctrine of social service, in terms of alleviating suffering and
helping the needy, constitutes an integral part of Islamic teaching.
Praying to God and other religious acts are deemed to be incomplete
in the absence of active service to the needy. In regard to this matter,
the Qurʾānic criticisms of human nature become very sharp: “Man is by
nature timid; when evil befalls him, he panics, but when good things
come to him he prevents them from reaching others.” It is Satan who
whispers into a person’s ears that by spending for others he will
become poor. God, on the contrary, promises prosperity in exchange
for such expenditure, which constitutes a credit with God and grows
much more than the money people invest in usury. Hoarding of wealth
without recognizing the rights of the poor is threatened with the direst
punishment in the hereafter and is declared to be one of the main
causes of the decay of societies in this world. The practice of usury is
forbidden.
With this socioeconomic doctrine cementing the bond of faith, there
emerges the idea of a closely knit community of the faithful who are
declared to be “brothers unto each other.” Muslims are described as
“the middle community bearing witness on humankind,” “the best
community produced for humankind,” whose function it is “to enjoin
good and forbid evil” (Qurʾān). Cooperation and “good advice” within
the community are emphasized, and a person who deliberately tries to
harm the interests of the community is to be
given exemplarypunishment. Opponents from within the community
are to be fought and reduced with armed force, if issues cannot be
settled by persuasion and arbitration.
Because the mission of the community is to “enjoin good and forbid
evil” so that “there is no mischief and corruption” on earth, the doctrine
of jihad is the logical outcome. For the early community it was a basic
religious concept. The lesser jihad, or holy striving, means an active
struggle using armed force whenever necessary. The object of such
striving is not the conversion of individuals to Islam but rather the
gaining of political control over the collective affairs of societies to run
them in accordance with the principles of Islam. Individual conversions
occur as a by-product of this process when the power structure passes
into the hands of the Muslim community. In fact, according to strict
Muslim doctrine, conversions “by force” are forbidden, because after
the revelation of the Qurʾān “good and evil have become distinct,” so
that one may follow whichever one may prefer (Qurʾān), and it is also
strictly prohibited to wage wars for the sake of acquiring worldly glory,
power, and rule. With the establishment of the Muslim empire, however,
the doctrine of the lesser jihad was modified by the leaders of the
community. Their main concern had become the consolidation of the
empire and its administration, and thus they interpreted the teaching in
a defensive rather than in an expansive sense. The Khārijite sect, which
held that “decision belongs to God alone,” insisted on continuous and
relentless jihad, but its followers were virtually destroyed during the
internecine wars in the 8th century.
Beside a measure of economic justice and the creation of a strong
idea of community, the Prophet Muhammad effected a general
reform of Arab society, in particular protecting its weaker segments—
the poor, the orphans, the women, and the slaves. Slavery was not
legally abolished, but emancipation of slaves was religiously
encouraged as an act of merit. Slaves were given legal rights, including
the right of acquiring their freedom in return for payment, in
installments, of a sum agreed upon by the slave and his master out of
his earnings. A slave woman who bore a child by her master became
automatically free after her master’s death. The infanticide of girls that
was practiced among certain tribes in pre-Islamic Arabia—out of fear
of poverty or a sense of shame—was forbidden.
Distinction and privileges based on tribal rank or race were repudiated
in the Qurʾān and in the celebrated “Farewell Pilgrimage Address” of
the Prophet shortly before his death. All are therein declared to be
“equal children of Adam,” and the only distinction recognized in the
sight of God is to be based on piety and good acts. The age-old Arab
institution of intertribal revenge (called thaʾr)—whereby it was not
necessarily the killer who was executed but a person equal in rank to
the slain person—was abolished. The pre-Islamic ethical ideal of
manliness was modified and replaced by a more humane ideal of
moral virtue and piety.
Fundamental practices and institutions of Islam

The five pillars
During the earliest decades after the death of the Prophet, certain
basic features of the religio-social organization of Islam were singled
out to serve as anchoring points of the community’s life and formulated
as the “Pillars of Islam.” To these five, the Khārijite sect added a sixth
pillar, the jihad, which, however, was not accepted by the general
community.
The shahādah, or profession of faith
The first pillar is the profession of faith: “There is no deity but God, and
Muhammad is the messenger of God,” upon which depends
membership in the community. The profession of faith must be recited
at least once in one’s lifetime, aloud, correctly, and purposively, with
an understanding of its meaning and with an assent from the heart.
From this fundamental belief are derived beliefs in (1) angels
(particularly Gabriel, the Angel of Inspiration), (2) the revealed Book
(the Qurʾān and the sacred books of Judaism and Christianity), (3) a
series of prophets (among whom figures of Jewish and Christian
tradition are particularly eminent, although it is believed that God has
sent messengers to every nation), and (4) the Last Day (Day of
Judgment).
Prayer
The second pillar consists of five daily canonical prayers. These prayers
may be offered individually if one is unable to go to the mosque. The
first prayer is performed before sunrise, the second just after noon, the
third in the late afternoon, the fourth immediately after sunset, and the
fifth before retiring to bed.
Before a prayer, ablutions are performed, including the washing of
hands, face, and feet. The muezzin (one who gives the call for prayer)
chants aloud from a raised place (such as a tower) in the mosque.
When prayer starts, the imam, or leader (of the prayer), stands in the
front facing in the direction of Mecca, and the congregation stands
behind him in rows, following him in various postures. Each prayer
consists of two to four genuflection units (rakʿah); each unit consists of a
standing posture (during which verses from the Qurʾān are recited—in
certain prayers aloud, in others silently), as well as a genuflection and
two prostrations. At every change in posture, “God is great” is recited.
Tradition has fixed the materials to be recited in each posture.
Special congregational prayers are offered on Friday instead of the
prayer just after noon. The Friday service consists of a sermon (khuṭbah),
which partly consists of preaching in the local language and partly of
recitation of certain formulas in Arabic. In the sermon, the preacher
usually recites one or several verses of the Qurʾān and builds his address
on it, which can have a moral, social, or political content. Friday
sermons usually have considerable impact on public opinion regarding
both moral and sociopolitical questions.
Although not ordained as an obligatory duty, nocturnal prayers
(called tahajjud) are encouraged, particularly during the latter half of
the night. During the month of Ramadan, lengthy prayers
called tarāwīḥ are offered congregationally before retiring.
In strict doctrine, the five daily prayers cannot be waived even for the
sick, who may pray in bed and, if necessary, lying down. When on a
journey, the two afternoon prayers may be followed one by the other;
the sunset and late evening prayers may be combined as well. In
practice, however, much laxity has occurred, particularly among the
modernized classes, although Friday prayers are still very well attended.
The zakāt
The third pillar is the obligatory tax called zakāt (“purification,”
indicating that such a payment makes the rest of one’s wealth
religiously and legally pure). This is the only permanent tax levied by the
Qurʾān and is payable annually on food grains, cattle, and cash after
one year’s possession. The amount varies for different categories. Thus,
on grains and fruits it is 10 percent if land is watered by rain, 5 percent if
land is watered artificially. On cash and precious metals it is
21/2 percent. Zakāt is collectable by the state and is to be used primarily
for the poor, but the Qurʾān mentions other purposes: ransoming
Muslim war captives, redeeming chronic debts, paying tax collectors’
fees, jihad (and by extension, according to Qurʾān commentators,
education and health), and creating facilities for travelers.
After the breakup of Muslim religio-political power, payment
of zakātbecame a matter of voluntary charity dependent on
individual conscience. In the modern Muslim world it has been left up
to the individual, except in some countries (such as Saudi Arabia)
where the Sharīʿah (Islamic law) is strictly maintained.
Fasting
Fasting during the month of Ramadan (ninth month of the Muslim lunar
calendar), laid down in the Qurʾān (2:183–185), is the fourth pillar of the
faith. Fasting begins at daybreak and ends at sunset, and during the
day eating, drinking, and smoking are forbidden. The Qurʾān (2:185)
states that it was in the month of Ramadan that the Qurʾān was
revealed. Another verse of the Qurʾān (97:1) states that it was revealed
“on the Night of Power,” which Muslims generally observe on the night
of 26–27 Ramadan. For a person who is sick or on a journey, fasting may
be postponed until “another equal number of days.” The elderly and
the incurably sick are exempted through the daily feeding of one poor
person if they have the means.
The hajj
The fifth pillar is the annual pilgrimage (hajj) to Mecca prescribed for
every Muslim once in a lifetime—“provided one can afford it” and
provided a person has enough provisions to leave for his family in his
absence. A special service is held in the sacred mosque on the 7th of
the month of Dhū al-Ḥijjah (last in the Muslim year). Pilgrimage activities
begin by the 8th and conclude on the 12th or 13th. All worshippers
enter the state of iḥrām; they wear two seamless garments and
avoid sexual intercourse, the cutting of hair and nails, and certain other
activities. Pilgrims from outside Mecca assume iḥrām at specified points
en route to the city. The principal activities consist of walking seven
times around the Kaʿbah, a shrine within the mosque; the kissing and
touching of the Black Stone (Ḥajar al-Aswad); and the ascent of and
running between Mount Ṣafā and Mount Marwah (which are now,
however, mere elevations) seven times. At the second stage of
the ritual, the pilgrim proceeds from Mecca to Minā, a few miles away;
from there he goes to ʿArafāt, where it is essential to hear a sermon and
to spend one afternoon. The last rites consist of spending the night
at Muzdalifah (between ʿArafāt and Minā) and offering sacrifice on the
last day of iḥrām, which is the ʿīd (“festival”) of sacrifice. See Eid al-
Adha.
Many countries have imposed restrictions on the number of outgoing
pilgrims because of foreign-exchange difficulties. Because of the
improvement of communications, however, the total number of visitors
has greatly increased in recent years. By the early 21st century the
number of annual visitors was estimated to exceed two million,
approximately half of them from non-Arab countries. All Muslim
countries send official delegations on the occasion, which is being
increasingly used for religio-political congresses. At other times in the
year, it is considered meritorious to perform the lesser pilgrimage
(ʿumrah), which is not, however, a substitute for the hajj pilgrimage.
Sacred places and days
The most sacred place for Muslims is the Kaʿbah sanctuary at Mecca,
the object of the annual pilgrimage. It is much more than a mosque; it
is believed to be the place where the heavenly bliss and power
touches the earth directly. According to Muslim tradition, the Kaʿbah
was built by Abraham. The Prophet’s mosque in Medina is the next in
sanctity. Jerusalem follows in third place in sanctity as the
first qiblah (i.e., direction in which the Muslims offered prayers at first,
before the qiblahwas changed to the Kaʿbah) and as the place from
where Muhammad, according to tradition, made his ascent (miʿrāj) to
heaven. For the Shīʿites, Karbalāʾ in Iraq (the place of martyrdom
of ʿAlī’s son Ḥusayn) and Meshed in Iran (where Imām ʿAlī al-Riḍā is
buried) constitute places of special veneration where Shīʿites make
pilgrimages.
Prophet's MosqueProphet's Mosque, Medina, Saudi Arabia.Ali Imran
Shrines of Sufi saints

For the Muslim masses in general, shrines of Sufi saints are particular
objects of reverence and even veneration. In Baghdad the tomb of
the greatest saint of all, ʿAbd al-Qādir al-Jīlānī, is visited every year
by large numbers of pilgrims from all over the Muslim world.
By the late 20th century the Sufi shrines, which were managed privately
in earlier periods, were almost entirely owned by governments and
were managed by departments of awqāf (plural of waqf, a religious
endowment). The official appointed to care for a shrine is usually called
a mutawallī. In Turkey, where such endowments formerly constituted a
very considerable portion of the national wealth, all endowments were
confiscated by the regime of Atatürk (president 1928–38).
The mosque
The general religious life of Muslims is centred around the mosque. In
the days of the Prophet and early caliphs, the mosque was the centre
of all community life, and it remains so in many parts of the Islamic
world to this day. Small mosques are usually supervised by the imam
(one who administers the prayer service) himself, although sometimes
also a muezzin is appointed. In larger mosques, where Friday prayers
are offered, a khaṭīb (one who gives the khuṭbah, or sermon) is
appointed for Friday service. Many large mosques also function as
religious schools and colleges. In the early 21st century, mosque officials
were appointed by the government in most countries. In some
countries—e.g., Pakistan—most mosques are private and are run by the
local community, although increasingly some of the larger ones have
been taken over by the government departments of awqāf.
Holy days
The Muslim calendar (based on the lunar year) dates from the
emigration (hijrah) of the Prophet from Mecca to Medina in 622. The
two festive days in the year are the Eids (ʿīds), Eid al-Fitr, which
celebrates the end of the month of Ramadan, and Eid al-
Adha (the feast of sacrifice), which marks the end of the hajj. Because
of the crowds, Eid prayers are offered either in very large mosques or
on specially consecrated grounds. Other sacred times include the
“Night of Power” (believed to be the night in which God makes
decisions about the destiny of individuals and the world as a whole)
and the night of the ascension of the Prophet to heaven. The Shīʿites
celebrate the 10th of Muḥarram (the first month of the Muslim year) to
mark the day of the martyrdom of Ḥusayn. The Muslim masses also
celebrate the death anniversaries of various saints in a ceremony
called ʿurs (literally, “nuptial ceremony”). The saints, far from dying, are
believed to reach the zenith of their spiritual life on this occasion.
Qiyas
Everywhere in the Muslim world, there is an ongoing tension between the forces of
rigid conservatism and of modernity and reform. At the core of this tension is the
corpus of Islamic law (fiqh), which even many conscientious Muslims admit that
bulk of the corpus has become asynchronous with the spirit and vision of Islam on
one hand and the contemporary challenges and realities on the other. The countries
proclaiming themselves to be "Islamic" by instituting and implementing the
traditional corpus of Islamic laws are finding that even the common Muslim mass,
which usually endears Islam deeply, is finding a serious burden in coping with the
weight of the details of the laws, often based on rigid or literal interpretation.
What is now commonly identified or understood as Shari'ah and presented as

divinely sanctioned is actually mostly interpretations of fallible human beings, even
though such human enterprise is, as claimed, informed by the two primary sources,
the Qur'an and the Sunnah. For Muslims, the Qur'an is direct revelation from God
and it is divine and infallible. The Sunnah or hadith is relied upon for deducing
much of the laws and codes in detail. Even though the hadith scholars have done a
most appreciable work in coming up with collections of hadiths and their
authentication, hadith in itself it is not divine and infallible. The other two sources of
Islamic laws are ijma' (consensus) and qiyas (analogical reasoning ).
"The Qur'an is the primary source of law. The other three sources, i.e., the Sunnah,
ijma' and qiyas have been stamped with the revelatory character. ... Qiyas derives
its value from these sources; hence it is indirectly infallible
Some Pertinent Basics of Qiyas
The Qur'an is not quite a compendium of laws and codes. Actually, only a very small
portion of the Qur'an relates to specific guidance establishing what is permissible
and what is prohibited. Beyond setting some principles, norms and parameters, a
commonly accepted position of Islamic fiqh is that except what is categorically
prohibited, the default guidance of the Qur'an is permissibility. As al-Qaradawi
explains:
“The first asl', or principle, established by Islam is that the things which Allah has
created and the benefits derived from them are essentially for man's use, and hence
are permissible. Nothing is haram except what is prohibited by a sound or explicit
nas (i.e. text) from the Law-Giver. ... He has prohibited only a few things for
specific reason, ... In Islam the sphere of prohibited things is very small, while that
of permissible things is extremely vast. There is only a small number of sound and
explicit texts concerning prohibitions, while whatever is not mentioned in a nas as
being lawful or prohibited falls under the general permissibility of things and
within the domain of Allah's favor.”
There is a close relationship between ijma' and qiyas though. Ijtihad is what makes
Islamic jurisprudence dynamic, and qiyas brought some discipline to the applied
human reasoning to determine what is Islamically acceptable and what is not for
things or situations that are not already covered by the other three sources.
However, for the result of a qiyas to be broadly accepted, it also had to be validated
by ijma'. If validated, most Muslim scholars have placed high value on qiyas as a
methodology.
"The procedure of analogy is devised to eliminate the free use of reason and
independent value judgments."
Diversity of views about Qiyas

Even though the Sunnis generally accept qiyas as one of the four sources of Islamic
jurisprudence, there is considerable disagreement about what qiyas is, its scope, the
method of validation, etc.
"After the Companions, jurists differed over the extent to which analogy could be
relied upon. ... The question of analogy has caused a good deal of controversy."
Just like most aspects of Islamic jurisprudence have no consensus, the same is true
about qiyas. Each school has its own definition with special emphasis or nuance.
" The root meaning of the word qiyas ... is 'measuring', 'accord', and 'equality'.It is
defined by the Hanafites as 'an extension of law from the original text to which the
process is applied to a particular case by means of a common illah, which cannot be
ascertained merely by interpretation of the language of the text.'.
To Malikites, it is 'the accord of a deduction with the original text in respect of the
illah or effective cause of its law'.
For the Shafites it is 'the accord of a known thing with a known thing by reason of
the equality of the one with the other in respect of the effective cause of its law. To
Shafi'i, qiyas and ijtihad (interpretation) are two terms with the same meaning."
Introduction of Usul Fiqh :al-qiyas

1. 1. ANALOGICAL REASONING
2. 2. SOURCES OF LAW [UTILIZATION] AGREED UPONAGREED UPON AL-QUR’AN AL-
SUNNAH AL-IJMA’ AL-QIYAS
3. 3. AL-QIYASAL-QIYAS  The Meaning  The Basis [Hujjiyyat al-Qiyas]  The Pillars [Arkan
al-Qiyas]  Conditions pertaining to the Pillars  Types of al-Qiyas  Examples
4. 4. THE MEANING OF AL-QIYAS - LITERAL  Literal Meaning  1. Measuring or estimating
the length, weight or quality of something. 2. Comparing or making two things equal
5. 5.  Technical Meaning The extension of a Shariah value from the original case (al-Asl), to a
new case (al-Far’), because the latter has the same effective cause (‘illah) as the former.
Click THE MEANING OF AL-QIYAS - TECHNICAL
6. 6. The equality of a case, whose hukm is not mentioned explicitly in the texts, with a case
whose hukm is mentioned, on the basis of equality between effective causes found in these
two cases. THE MEANING OF AL-QIYAS - TECHNICAL
7. 7. Original Case ]al-Asl[ New Case ]al-Far’[ Effective Cause ]al-’Illah[ Ruling ]al-Hukm[ Ruling
]al-Hukm[ ?
8. 8. THE MEANING OF AL-QIYAS [Cont’d[  The original case is ruled by the text whether
from al-Qur’an and al- Sunnah  al-Qiyas extends the same ruling to the new case based on
the shared illah (effective cause)  Being an extension of the existing law, al-Qiyas discovers
and develops the existing law but does not create a new law.  al-Qiyas is a subordinate of
al-Qur’an and al-Sunnah. The original sources of Islamic Law remain with the scripture. 
Muslim jurists have concluded that some of the rulings in Islamic law follow certain
objectives, which are in harmony with reason and logic. They called it as Illah.  Therefore in
Qiyas the illah must be clear and understood, otherwise it is not valid to derive any hukm on
the basis of qiyas
9. 9. THE BASIS OF AL-QIYASTHE BASIS OF AL-QIYAS ‫ءفءءءءءءءءءءءءءءءءء فءءءءءءء ءءفءءء‬
O you who believe! Obey Allah and obey the Messenger and those in ] 59[ ‫فءءءءءءءءءءء‬
authority from among you; then if you quarrel about anything, refer it to Allah and the
Messenger, if you believe in Allah and the last day; this is better and very good in the end.
]al-Nisa’, 4:59[
10. 10. THE BASIS OF AL-QIYAS [cont’d[ "...[:105] We have sent to you the book with the Truth
so that you my judge among people by means of what Allah has shown you”. [Al-Nisa’: 105]
11. 11. THE BASIS OF AL-QIYAS [AL-SUNNAH[  Qiyas is a form of personal reasoning
(ijtihad) which the Prophet s.a.w expressly validates in the famous Hadith of Muaz Ibn Jabal
when he was send to Yemen.  Another important hadith in this regard is the following
hadith:  A woman came to the Prophet s.a.w. and said that her father died without
performing the Hajj. Will it benefit him if she performed the Hajj on her father’s behalf? Here
the Prophet provided her an analogy: The Prophet said to her: “Supposing your father had a
debt to pay and you paid it on his behalf, would this benefit him?” To this her reply was
affirmative and the Prophet then said, “The debt owed to Allah merits even greater
consideration”.
12. 12. THE BASIS OF AL-QIYAS [AL-SUNNAH[  Another similar example is about the
following hadith:  )  A woman came to the Prophet s.a.w. and said that her mother had
made nazar to perform the hajj, but she died without performing the Hajj. Will it benefit him if
she performed the Hajj on her mother’s behalf? Prophet then said: Yes perform the hajj on
her’s behalf. Here the Prophet provided her the same analogy: The Prophet said to her:
“Supposing your mother had a debt to pay for someone and you paid it on his behalf, would
this benefit him?” The Prophet then said, “The debt owed to Allah merits even greater
consideration”.
13. 13. THE PILLARS OF AL-QIYAS  The original case (al-Asl), on which a ruling is given in
the text and analogy seeks to extend it to a new case.  The new case (furu’) on which a
ruling is needed and it is the extension of the same ruling which is applied in the original
case.  The effective cause (‘illah), which is an attribute of the original case and it is found to
be in common between the original and the new case.  The rule (hukm) governing the
original case, which is to be extended to the new case.
14. 14. CONDITIONS OF THE PILLARS Not an extension AL-ASL Established by primary
sources Not restricted or specified Determined 'illah should be found in it Not an exemption
Operative ]not abrogated[ Not pertaining to criminal law AL-HUKM No stipulated hukm in the
Source Determined 'illah should be found in it AL-FAR' Apparent cause Extendible ]not
confined to al-Asl[ Constant and Stable Compatible AL-'ILLAH AL-QIYAS
15. 15. CONDITIONS OF AL-ASL  The base case should not be an extension (far’) of another
case mentioned in the text.  Al-Qiyas is constructed upon the original case and not upon the
extension
16. 16. CONDITIONS OF AL-FAR’  The hukm should not be expressly mentioned in the texts.
 The ‘illah (effective cause) of the asl should be found in the far’
17. 17. CONDITIONS OF AL-HUKM  The hukm should be established directly from the Qur’an
or Sunnah.  The jurist should able to determine an ‘illah (cause) for the hukm and the ‘illah
should be rationally understood to be the cause of the hukm.  The hukm should not have
been abrogated.  The hukm should not be restricted to a specific case by another  The
hukm should not be constructed with an exemption
18. 18. CONDITIONS OF AL-’ILLAH  The ‘illah must be an apparent cause It can easily be
perceived by the senses, an outward attribute and not something internal or concealed. 
The ‘illah should be a constant and stable attribute Doesn’t change according to
circumstances and doesn’t vary from person to person  The ‘illah should be extendible and
not confined to the asl.
19. 19. CONDITIONS OF AL-’ILLAH [cont’d[  The ‘illah should be an attribute that is compatible
with the purpose of the law (munasib) The ‘illah derived by a jurist must meet with the
purpose of Islamic law (maqasid shari’ah) which provide the underlying rationale of the rules.
E.g. Intoxication as an ‘illah for the prohibition of khamr is compitable with the
protection/preservation of the intellect. Its colour or smell, in contrast have no compatibility
with the purpose, there doesn’t constitute a suitable illah.
20. 20. TYPES OF AL-QIYAS  Qiyas al-Awla Analogy of the superior  Qiyas al-Musawi
Analogy of equals  Qiyas al-Adna Analogy of the Inferior
21. 21. AL-ISRA’ 23 PUNISHMENT OF ADULTERY THE RULES OF RIBA The effective cause
in the new case is more evident than the original case. TYPES OF AL-QIYAS The ‘Illah is
equally effective in both new and original cases. The effective cause is less clearly effective
in the new case than the original.
22. 22. QIYAS AL-AWLA - ANALOGY OF THE SUPERIOR  The effective cause in the new
case is more evident than the original case. And that you be dutiful to your parents. If one of
them or both of them attain old age in your life, say not to them a word of disrespect, nor
shout at them but address them in terms of honor. [al-Isra’: 23] The verses provides that
“Say not to parents a word of disrespect, nor shout at them but address them in terms of
honor” By analogy it may be deduced that the prohibition against lashing or beating them is
even more obvious than verbal abuses.
23. 23. QIYAS AL-MUSAWI - ANALOGY OF EQUALS  The ‘Illah is equally effective in both
new and original cases. Example: Analogy for The punishment of adultery for a male slave is
similar to the punishment of female slave.
24. 24. QIYAS AL-ADNA - ANALOGY OF THE INFERIOR  The effective cause is less clearly
effective in the new case than the original. Example: The rules of riba prohibit the exchange
of rice and of other specified commodities unless the two amounts are equal and delivery is
immediate. By analogy this rule is extended to other type of food and fruits such as apple,
since both rice and apple are edible [safe to eat] and measurable (according to Shafi’I
mazhab), but the apples are lower in term of human needs as compared to rice.
25. 25. THE PROHIBITION OF MAKING BUSINESS PROPOSAL OVER OTHER’S PROPOSAL
 The original case: The proposal for marriage or buy and purchase  The new case:The
proposal for hiring service or property  The effective cause: Causing harm to other’s interest
 The rule: Prohibition – haram The Prophet s.a.w said: ‫للل للل لللللل للل لللللل للل للل للللل لل لللللل لللل‬
A believer is a brother to his believer, thus, is not permitted for a believer ‫لللل للل لللل للل لللل للل للل‬
to make a proposal (for marriage) where the proposal of his brother is still pending, or to
.make an offer of sale where his brother’s offer is pending
26. 26. The prohibition of narcotic drug through the application of al-Qiyas ”90)  The original
case: wine drinking  The new case: consumption of drugs or other similar substance  The
effective cause: the intoxicating effect which damage the capability of human mind  The
rule: prohibition - haram
27. 27. EXAMPLES OF AL-QIYAS  The prohibition of all type of activities after the last call for
Friday prayer Original case : Buying of goods after the last call for Friday prayer New case :
Other activities and transactions (e.g: agriculture, administration,education, etc.) Effective
cause : Diversion of Friday prayer Hukm : Prohibition of such activities 9(  “O You who
believe! When the call is proclaimed to prayer on Friday, hastens earnestly to the
remembrance of Allah, and leave off business (and traffic): That is best for you if you but
knew”. (al-Jumàh, 62:9)
28. 28. al-Jum’ah:9 9(  “O You who believe! When the call is proclaimed to prayer on Friday,
hastens earnestly to the remembrance of Allah, and leave off business (and traffic): That is
best for you if you but knew”. (al-Jumàh, 62:9) Back
29. 29. AL-HADITH  The Prophet s.a.w. is reported to have said, “The killer shall not inherit
(from his victim). By analogy this ruling is extended to bequests (), which would mean that
the killer cannot benefit from the will of his victim either. Back
30. 30. HADITH MU’AZ When the messenger of Allah desired to send Muaz ibn Jabal to the
Yemen, he asked: “How will you judge a case? He answered: I will judge in accordance with
what is in the Book of Allah”, The prophet asked: And if you do not find it in the book of
Allah? “Then by the sunnah of the Messenger of Allah”, and if it is not in the sunnah of the
Messenger of Allah? He (Muaz) answered: “I will exercise my opinion and not flag – become
weary -(in so doing). The prophet saw tapped his chest and exclaimed: “Praise be to Allah
Who harmonized the messenger of Allah to what pleases the Messenger of Allah” BACK
31. 31. AL-ISRA’: 23 And that you be dutiful to your parents. If one of them or both of them attain
old age in your life, say not to them a word of disrespect, nor shout at them but address them
in terms of honor. [al-Isra’: 23] Back
32. 32. Al-Qur’an Hukm ]Rule[ Al-Sunnah Hukm [Rule] Original Case [Al-Asl] New Case ]Al-Far’[
Effective Cause ]‘Illah[
33. 33. THE PROHIBITION OF NARCOTIC DRUG THROUGH THE APPLICATION OF AL-
QIYAS [90]  The original case Wine drinking  The new case Consumption of drugs or
other similar substance  The effective cause The intoxicating effect which damage the
capability of human mind  The rule Prohibition - haram
34. 34. EXAMPLES OF AL-QIYAS  The prohibition of all type of activities after the last call for
Friday prayer Original case : Buying of goods after the last call for Friday prayer New case :
Other activities and transactions (e.g: agriculture, administration,education, etc.) Effective
cause : Diversion of Friday prayer Hukm : Prohibition of such activities
35. 35. EXAMPLES OF AL-QIYAS [CONT’D]  Removal of Devisee / Beneficiary Original case :
Disinheritance of killer New case : Removal of Beneficiary Effective cause : Killing in order to
rush in obtaining one’s rights Hukm : Disinheritance or deposition of beneficiary
36. 36. AL-JUM’AH:9AL-JUM’AH:9 9(  “O You who believe! When the call is proclaimed to
prayer on Friday, hastens earnestly to the remembrance of Allah, and leave off business
(and traffic): That is best for you if you but knew”. (al-Jumàh, 62:9) Back
37. 37. AL-HADITHAL-HADITH  The Prophet s.a.w. is reported to have said, “The killer shall
not inherit (from his victim). By analogy this ruling is extended to bequests (), which would
mean that the killer cannot benefit from the will of his victim either.

Qiyas

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Qiyas

Islamic world: Sharīʿah

Islam: Sources of Islamic doctrinal and social views

Sharīʿah: Development of different schools of law

The Basis of Qiyas

No clear authorities of qiyas in the Quran.

1. Surah al-Nisa’ 4:59

2.Surah al-Nisa’ 4:105

The rationale/objectives as guidelines to new cases.

Classical Examples of Qiyas

The Pillars of Qiyas

Prohibition of wine drinking based on Quranic verse in Surah Al-Maidah:90

Asl – wine drinking

Conditions of the Asl

In Arabic, asl has two meanings:

Conditions of the Hukm

Conditions of the Far’

The new case must not be covered by the text or ijma’.

Conditions of the Effective Cause

Subject of disagreement among the Muslim jurists.

5 most important conditions are:

1. The ‘illah must be zahir (evident) and not khafi (hidden).

Identification of the ‘Illah

It involved three stages:

(ii) probable (zanni)

-When 2 conditions are met:

This rule is applicable to a container being licked by a swine.

Hanafis classify analogy into:

(i) Qiyas Jali (Manifest analogy)

Arguments Against Qiyas

(ii) Al-An’am 6:89

(iv) Qiyas is forbidden by the Qur’an.

- The Prophet said in a hadith:

Majority vs Ibn Hazm

Majority validates qiyas in the light of general objectives of the Shari’ah.

Subject Matter of Qiyas

–Intelligibles or Rational Questions (aqliyat)

i) Intelligibles and Rational Questions

ii) Lexical Questions (al-Qadaya al-lughawiyah)

The opponents argued:

iii) Causes and Conditions of the rules of the Shari'ah

Arguments of the exponents:

vi) Prescribed punishments, expiations and stated quantities

ii) Hudud are punishments and the expiations are quasi-punishments.

The Exponents reply:

vii) Concessions or exceptional laws (rukhsah)

The Application of Qiyas in the Malaysian Legislation and Fatwa

Drugs – Dangerous Drugs Act

Rape – Section 376 Penal Code

Liwat – Section 377D Penal Code and Section 25 SCOA

Incest – Section 376B Penal Code and Section 20 SCOA

Prostitution – Section 21 SCOA

Musahaqah – Section 26 SCOA

Khalwat – Section 27 SCOA

Murder – Section 302 Penal Code

Criminal misappropriation of property – Section 403 Penal Code

Smoking in mosque – Fatwa by Selangor Fatwa Committee

Man’s wearing white gold – Fatwa by Selangor Fatwa Committee

Beauty contest – Fatwa by Selangor Fatwa Committee

Life insurance – Fatwa by National Fatwa Council

Botox – Fatwa by National Fatwa Council

Divorce through SMS – Fatwa by National Fatwa Council

No more revelation so how to find a hukm?