Importance of Qiyas (Analogy) in Islamic Law.

Introduction:

Sunni schools agree that for the matters not expressly dealt with in the Texts, along with Ijma, the law can be deduced in those matters by the help of Qiyas. Sunni jurist do not admit that extension of law through Qiyas amounts to innovation, as Shia authorities consider. Simple, Qiyas is a process in which reason of a text is applied in a particular way to find out the solution or law in this regards. As a source of law it is subordinate to Quran, Sunnah and Ijma because these are provide base for the original case or authorities in deducing law through Qiyas.

Qiyas Meaning and Concept:

Literally Qiyas means "to measure or measuring one thing in terms of another". 

According to Hanafi Jurists, Technically it is an extension of law from the original text to which the process is applied.

 According to Maliki school of thought, The accord of a deduction with original text in respect of the illat or effective cause of its law. 

According to Shafai jurists, "The accord of a known thing with a known thing by reason of the equality of one with the other inn respect of the effective cause of its law".

The Hanafi Jurist, Sadr al-Sharia'h, in his Tawdih, defines Qiyas as excluding the (Shariah) value from the original case over to the subsidiary (far') by reason of an effective cause which is common to both cases and cannot be understood from the expression (concerning the original case) alone. The majority of ulema have defined Qiyas as the application of a new case (far'), on which the law is silent, of the ruling (hukm) of an original case (asl) because of the effective cause (illah) which is in common to both.

Functions of Qiyas:

There are two main functions of Qiyas:

1. To extends the Law 
2. To discover the Law

Its origin is traced from Imam Abu Hanifa RA. Sunni School of thought treats it as a valid source of Islamic law but Shia's do not recognize it as a source of law, Sunnis give many example from Quran and Sunnah to show its validity. The most famous Qiyas are

• Performance of Hujj by proxy
• Sending Hazrat Muaz-bin-Jabal to Yemen by Holy Prophet (PBUH) (The conversation between both opens the doors of Qiyas)

Sunni scholars quote following verses from the Holy Quran in favour of Qiyas:

Learn a lesson, then, O You, who are endowed with insight      (Al-Hashar : 2)

"And shall devote themselves(instead) to acquiring a deeper knowledge of the Faith" (Al-Touba :122)

On the other side, Shia totally discard Qiyas as a source of law and leading Zahiri jurists Ibn Hazm is the most outspoken against Qiyas. Some quote following verses for their argument in this regard:

"O you believers! Don not press forward before God and His Messenger PBUH, and fear Allah" 

(Al-Hujrat : 1)

"We have sent down thi Book in truth for you..."  (Al-Maida : 48 )

Elements of Qiyas:

Following are the main elements of Qiyas i.e.

• ASL: original case from which analogy is drawn.
• FAR': parallel or fresh case
• ILLAT: effective cause/ ration logic
• HUKM: This law applies to parallel text (some divide it further into Hukm-e-Asli and Hukm-e-Far').

Example of Elements:

These elements can be understood through following examples.

• Prophet (PBUH) said, "The murderer will not inherit". But what about bequest, if one murders the testator? 
• Murdering the predecessor in the case of inheritance is -- ASL
• While murdering the testator is -- Far'
• Crime is -- ILLAT
• HUKM-E-ASL is prevention from inheritance while HUKM-E-FAR' is deprivation from bequest, established through Qiyas.
• WINE -- Prohibited:
•  Drinking wine (Original Case) -- ASL
•  Narcotics (New Case) -- FAR'
• Intoxicating effects (Effective Cause) -- ILLAT
• Prohibition (The Ruling) -- HUKM

Subject Matter of Qiyas:

• Rational questions relating to rights of men.
• Punishments for newer crimes
• Things relating to human nature.
• Rules of Shari'a in new circumstances.

Conditions for Validity of Qiyas:

Jurists have provided many conditions for the validity of Qiyas, such:-

1. The textual injunctions about original case should not be exceptional.
2. Thee original case must not be specific for some particular person or facts.
3. Law of original case should not contradict human reason.
4. Law must be extended on legal grounds
5. The analogy must not result against Quran and Sunnah texts.
6. A repealed text cannot be base or subject of analogy.
7. The Hukm should not have been abrogated.
8. The Illat of Asl should be found in Far'.
9. New case must not be covered in Texts.
10. The deduction merely based on general policy of law is not allowed.

Types of Qiyas:

Qiyas can further be classified into following types:-

Qiyas-e-Jalli, here illat is clear, it sis also called manifest analogy.

Qiyas-e-Khafi, her eillat isnot clear and one has to work hard in order to find illat, it is termed as concealed analogy. It is also called Istehsan (Juristic Preference) by some jurists.

Example of Qiyas (Analogical Deductions):

Following are the major examples quoted by Sir Abdur Rahim regarding the rules deduced through Qiyas i.e.

Pronouncement of Aameen in loud or low voice during prayers.

Proof of Marriage.

Punishment of whoredom.

The viewpoint of difference of opinion among Hanafi and Shafai jurists is explained by him in this regard, It must be remembered that Qiyas cannot be used as a means of altering the law of the Quran or Sunnah texts, on grounds of either expediency or personal preference.

Conclusion:

When Texts (Quran or Ahdees) are not clear on any issue , the rational sources come and play their role. As per Sunni jurists, Qiyas is one of the most important among the rational sources. In Qiyas a jurist tries to find out the effective cause of a hukm in the texts and then renders the two cases equal inn terms of hukm. To find the hukm is not an easy task in majority of cases, and for this purpose a qualified person such as, Mujtahid is sometimes required in such a case, Imam Shafai says

"Qiyas and Ijtihad are two terms with same meaning", However, It must be in mind that Shias do not recognize Qiyas as a valid source to deduce law.