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Topic: Qiyas


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In the News (Fri 19 Jul 19)

  
  Qiyas - Wikipedia, the free encyclopedia
In Sunni Islamic jurisprudence, qiyas (Arabic قياس) is the process of analogical reasoning from a known injunction (nass) to a new injunction.
Sunni Islam uses qiyas as the fourth source, whereas Shi'a Islam uses 'aql (intellect).
For example, qiyas is applied to the injunction against wine drinking to create an injunction against cocaine use.
en.wikipedia.org /wiki/Qiyas   (242 words)

  
 Sunni Islam
Qiyas is the attempt through analogical reasoning to determine how the principles of the Qur'an and the Sunnah could be applied to a situation not clearly addressed through these sources.
In the eighteenth century a group known as Wahhabiyyah emerged with the purpose of "purifying" Islam of non-Islamic accretions such as the worship of the saints.
Integral to this project was the attempt to base Islamic law solely on the Qur'an and the Sunnah through the rejection of qiyas and ijma' as elements within the Shari 'ah.
philtar.ucsm.ac.uk /encyclopedia/islam/sunni/geness.html   (934 words)

  
 adduonline.com/Articles
Qiyas refers a new matter to the root of the old matter because they share the same Divine reason in order to ascertain the rule for the new matter.
Therefore Qiyas as juristic term in the extension of a Shar'i ruling from an original case to a new case due to a similar divine underlying reason.
Qiyas cannot be applied here because, the text about wiping over socks is not presented with a divine reason, hence cannot be extended to other things.
www.adduonline.com /articles/qiyas.htm   (557 words)

  
 Social Laws of Islam: Sources of Islamic Laws
Ijma (that is consensus of opinion of scholars) and Qiyas (that is laws derived through analogical deduction) are the secondary or dependent sources of Islamic law or Shariah.
Qiyas or analogy is resorted to in respect of problems about which there is no specific provision in the Quran or the Sunnah of the Prophet.
Apart from Qiyas, there are other methods of Ijtihad such as Istihsan (that is juristic preference from different interpretations) and Masalaha (that is moral consideration).
www.jamaat.org /islam/sources.html   (917 words)

  
 [islah-net] Satu Hari Satu Soalan... (27)
Qiyas adalah menyamakan (menganalogikan) suatu perkara dengan perkara (yang sudah ada ketetapan hukumnya) dalam hukum syariat kedua kedua perkara ini ada kesamaan illat (pemicu hukum).
Menurut ulama ushul qiyas adalah, “Memberlakukan suatu hukum yang sudah ada nashnya kepada hukum yang tidak ada nashnya berdasarkan kesamaan 'illat."
Dibanding dengan Ijma’, Qiyas lebih banyak memberikan pengaruh dalam pengambilan hukum yang dilakukan oleh para ulama fiqh.
www.opensubscriber.com /message/islah-net@yahoogroups.com/1583284.html   (1860 words)

  
 DAWN - Opinion; 09 January, 2004
A decision given by a superior court in one case is followed by the lower courts in all subsequent cases involving the same issues arising out of similar facts under the same law.
Qiyas, it may be added, is not the same thing as Ijtihad, one can take recourse to Ijtihad without there being any edict on the like or similar issue.
Thus, Ijma, Ijtihad and Qiyas are the most useful sources of Islamic law, which, if properly utilized, can meet the requirements of relevant situations at all times.
www.dawn.com /2004/01/09/op.htm   (2484 words)

  
 IslamOnline-Ask About Islam   (Site not responding. Last check: 2007-10-21)
The expansion of fiqh and all that is needed by the community to be sufficient depends on qiyas.
Qiyas is the principle by which the laws of the Qur’an and sunnah are applied to situations, not explicitly covered, by these two sources of legislation.
The foundation of qiyas was laid down by ‘Umar ibn Khattab (may Allah be pleased with him), the great companion and second khalifa.
www.islamonline.net /askaboutislam/display.asp?hquestionID=2947   (1405 words)

  
 Shariah Laws
Qiyas is the fourth important source of Sunnah.
Qiyas is a process of deduction by which the laws of a text is applied to the cases which though not concerned by the language, are governed by the reason of the text.
Qiyas can be carried out only in a Shariah governed state when a solution to problem cannot be found through Quran, Sunnah and Ijma.
ourislamonline.tripod.com /shriahlaws.htm   (967 words)

  
 Qiyas   (Site not responding. Last check: 2007-10-21)
Das arabische Wort Qiyas (قِيَاس) kommt von der Wurzel (قاس / قيس), die in der Grundbedeutung "messen", "vergleichen", "beurteilen" heißt.
Qiyas als Hauptwort bedeutet: "Maß", "Maßstab", "Beispiel", "Vergleich" und in der arabischen Rechtssprache "Analogie", "Analogieschluss".
Qiyas ist eine der usul al-fiqh (اصول الفقه) " Wurzeln des Rechts".
de.news-server.org /q/qi/qiyas.html   (100 words)

  
 The Role of Ijtihad in Legislation
Reportedly, he did not use qiyas except in a few cases, and, according to a report of Ibn Khallikan, was greatly repentant at the time of his death of having taken recourse to qiyas in his fatwas even in those few cases.
Dawud ibn Ali al-Zahiri al-'Isfahani, the founder of the Zahiri school, was altogether opposed to the practice of qiyas and regarded it as an innovation (bid'ah) in the faith.
The best evidence of the fact that the Shi'ah opposition to qiyas and ra'y was not based on a hostility to the role of reason in canonical matters is that, from the very beginning that the Shiah jurisprudence was committed to writing, reason was considered one of the sources (adillah) of law.
al-islam.org /al-tawhid/ijtihad-legislation.htm   (7081 words)

  
 qiyas --  Encyclopædia Britannica
Arabic Qiyas, in Islamic law, analogical reasoning as applied to the deduction of juridical principles from the Qur'an and the Sunnah (the normative practice of the community).
Founded in the 8th century and based on the teachings of the imam Malik ibn Anas, the Malikiyah stressed local Medinese community practice (sunnah), preferring traditional opinions (ra'y) and analogical reasoning (qiya) to a strict reliance on Hadith (traditions concerning the Prophet's...
Based on the teachings of Ahmad ibn Hanbal (780–855), the Hanbali legal school (madhhab) emphasized virtually complete dependence on the divine in the establishment of legal theory and rejected personal opinion (ra'y), analogy (qiya), and the Hellenistic dogma of the Mu'tazilah school of...
www.britannica.com /eb/article-9062126?tocId=9062126   (413 words)

  
 Human Rights and Islamic Legal Reform - 3   (Site not responding. Last check: 2007-10-21)
Because the Qur’anic texts were given in a concrete form, whereby the Qur’an commented on the actions and interactions of the early Muslim community, and directed early Muslims in concrete situations, the jurists applied legal analogy (qiyas) to expand the application of the Qur’anic precepts to new cases.
The qiyas technique, widely accepted by the schools of jurisprudence, requires the jurists to identify the efficient reason (‘illa) of a specific Qur’anic statement, and to use this reason as the basis for extending the application of the Qur’anic precept to new cases.
For example, early jurists extended the prohibition of wine to all intoxicating substance on the ground that intoxication was the reason for the Qur’anic prohibition of wine.
home.att.net /~louaysafi/articles/1999/human32.html   (2013 words)

  
 Hanafiyyah   (Site not responding. Last check: 2007-10-21)
It is distinguished from the other schools through its placing less reliance on mass oral traditions as a source of legal knowledge.
It also established the principle that the universal concurrence of the Ummah (community) of Islam on a point of law, as represented by legal and religious scholars, constituted evidence of the will of God.
Thus, the school definitively established the Qur'an, the Traditions of the Prophet, ijma' and qiyas as the basis of Islamic law.
philtar.ucsm.ac.uk /encyclopedia/islam/sunni/hana.html   (403 words)

  
 The Role of Reason in Ijtihad || Imam Reza (A.S.) Network
Some schools of fiqh which supported qiyas, especially the Hanafi school, believed in the role of reason in ijtihad, which in their interpretation took the form of qiyas and ijtihad bi al-ra'y.
Firstly, the use of qiyas was justified by others for the reason that the problems to be solved are unlimited, whereas the dicta of the Shari'ah are limited; therefore they are forced to resort to it.
Secondly, qiyas is something which is based upon conjecture, surmise, and superficial similarities, and is a kind of interference made by reason in such matters which are not intelligible.
www.imamreza.net /eng/imamreza.php?id=887   (3841 words)

  
 Shi'ism in Relation to Various Islamic Sects
All the Sunnis, with the excep­tion of the Zahiris, believe this kind of analogical reasoning (qiyas) to be a legal authoritative source (hujjah).
But the Imamiyyah Shiites, in addition to rejection on logical and rational basis of all the arguments of the Sunnis in favour of qiyas, consider it as unwarranted in the light of explicit traditions (riwdydt) of their infallible Imams.
As to the practice of istihsan (application of discretion in a legal decision; something that looks "good" and "advisable" to a jurist, but he can't argue convincingly in its favour), there are some differences among various Islamic sects.
www.al-islam.org /al-tawhid/sects/3.htm   (383 words)

  
 CHAPTER VI
Namely, Ijma’ and Qiyas as the indisputable authoritative sources of the Islamic law have turned into arenas of fierce disputes and discussions, in particular because of their being the products of human intellect, whereas theoretically law should have divinely revealed character.
Thus, Qiyas has become a basis for the rationalistic development of Fiqh, which allowed legal and political theories to emerge from the strict limits of the religious tradition.
In correspondence with the Islamic tradition, the Qur’an and Sunnah are accepted as the first two fundamentals of Fiqh, and Qiyas as the third; the fourth basis, Ijma’ (unanimous opinion), guarantees an authenticity and regularity in the interpretation of the Qur’an, Sunnah, and the juridical application of Qiyas.
www.crvp.org /book/Series04/IVA-13/chapter_vi.htm   (11312 words)

  
 Chapter Four
According to al Imam al Shafi'i, Qiyas is a method for reaching a legal decision on the basis of evidence (a precedent) in which a common reason, or an effective cause, is applicable.
On al Qiyas: its meaning and nature, the need for it, the varieties of Qiyas, and who is, and is not, competent to employ it.
Al Qiyas and al Istihsan: There were disputes concerning the meaning of these terms, their nature, validity as evidence, the possibility and method of using them, and whether the actions of the Sahabah could be considered Qiyas or Istihsan.
youngmuslims.ca /online_library/books/usul_al_fiqh_al_islami/ch4.html   (3603 words)

  
 LM_Sources of Islamic Law by Shah Abdul HANNAN
Ijma is considered a sufficient evidence for action because the Prophet if Islam said, "Muslim will never agreee on a wrong matter." As such the agreement of the scholars of Islam on any religious matter is a source of law in Islam (Ref: Principles of Islamic Jurispredence by M. Hashim Kamali).
In such issues, the scholars have derived law through analogical deductionon the basis of the provisions of the Quran and the Sunnah on some similar situation.
Ijtihad is the Islamic method of facing the new situations and problems in the light of the general principles of the book of Allah SWT), the Quran and the traditions of the Prophet or the Sunnah.
www.lightmillennium.org /fall/shannan_islamic.html   (1041 words)

  
 Shafi'iyyah   (Site not responding. Last check: 2007-10-21)
Of less authority are the Ijma' of the community and thought of scholars (Ijitihad) exercised through qiyas.
The scholar must interpret the ambiguous passages of the Qur'an according to the consensus of the Muslims, and if there is no consensus, according to qiyas.
The Shafi'iyyah school of Islamic law was named after Muhammad ibn Idris al-Shafi'i (767-819).
philtar.ucsm.ac.uk /encyclopedia/islam/sunni/shaf.html   (336 words)

  
 Pakistan Link - Letter & Opinion
It should be understood that Ijma and Qiyas are not fundamental rethinking and reconstruction of the transcendental truth found in the Holy Quran and the Sunnah.
As small branches grow on the trunk of a tree and draw their sustenance from its roots, in the same manner Ijma and Qiyas have anchorage and base in the Quran and Sunnah.
The directives and injunctions derived through Ijma, Qiyas, Ijtihad (Judgment of jurists), and Istihsan (Juristic preferences) are limited in scope in the sense that they merely reconstitute modern society and reconstruct modern thought within the ordained legal framework of Islam.
www.pakistanlink.com /Letters/99/Feb/05/01.html   (994 words)

  
 Annual Meeting
Qiyas does not involve just textual interpretation but rather concerns the application of principles of logic, practical reasoning, and jurisprudential fidelity to the purposes and objectives of the law
Qiyas, Istihsan, Maslahah, ‘Urf, and other methods of legal reasoning; (7) have a good command of the Arabic language, its grammar, syntax, style, rhetoric, and other related linguistic and philological characteristics; (8) be conversant with the rules and principles of the science of the foundations of jurisprudence (
Qiyas we see that the “effective cause” of the rule can be derived from the verse: buying and selling at the time of the Friday Prayer is prohibited so that people can remember God.
www.aals.org /am2004/islamiclaw/legalreasoning.htm   (2404 words)

  
 AbdurRahman.org [Hadith Proof it Self]
They rejected the idea of not accepting a Hadith till it is proven that the Hadith was implemented, that Qiyas approves of it, or that a saying of someone agrees with it.
Qiyas is based on personal opinions and Ijtihad, which are not immune from error.
Sunnah and Athars, to those philosophers who follow Qiyas or their opinions, are meaningless and powerless, and their rules and reign are shunned and defied.
abdurrahman.org /sunnah/hadithproofitself.html   (13122 words)

  
 Qiyas   (Site not responding. Last check: 2007-10-21)
En jurisprudencia islámica, Qiyas es el proceso del razonamiento analógico de una prescripción sabida (nass) a una nueva prescripción.
Por ejemplo, los qiyas se aplican a la prescripción contra beber de vino para crear una prescripción contra uso de la cocaína.
Los resultados a veces ásperos de qiyas se pueden atenuar a veces por la práctica disputada de Istihsan (equidad).
www.yotor.net /wiki/es/qi/Qiyas.htm   (224 words)

  
 Qiya   (Site not responding. Last check: 2007-10-21)
In addition to helping to control weight, physical activity decreases the Qiya of dying from coronary heart disease and reduces the Qiya of developing diabetes, hypertension, and colon cancer.
Warranty of Fitness for a Qiya Purpose A warranty of fitness for a Qiya purpose applies when you buy a vehicle based on the dealer’s advice that it is suitable for a particular use.
If you decide to sell the Qiya before the loan expires, the amount you receive from the sale may be far less than the amount you need to pay off the loan.
qiyas.encyc.dyndns.dk /Qiya   (592 words)

  
 DIPT:- Qaf
The title of the first scientific book translated into Arabic in 64/683 from Syriac by Masarjawaih of Basra, a Jewish physician of Persian origin; it was a kind of Materia Medica originally composed in Greek (now lost) by a Christian (?) priest Aaron of Alexandria.
"Connection"; technically the connection between the two premises of a syllogism (qiyas, q.v.) wherein they are united by a middle term (al-hadd al-ausat, q.v.).
The dilemma to be valid is to comply with the rules of the conditional conjunctive syllogism (qiyas al-sharti al-muttasil, q.v.), that is either there is the affirmation of the antecedent (
www.muslimphilosophy.com /pd/d-19.htm   (4430 words)

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