condition of Asl (the subject matter of original ruling) is that
the Quran and Sunnah are the source the Asl (many scholars do not
consider Ijma to be basis of Asl). According to majority, one
Qiyas can not form Asl of another Qiyas. However, Maliki jurist
Ibn Rushd thinks a Qiyas can be basis for another Qiyas. Modern
jurists Abu Zahrah and Muhammad Al Zarka agree. Minority seems to
be right as long as it does not contradict Nusus (clear texts or
rulings) of the Quran and Sunnah.
Conditions pertaining to
Hukm (a ruling in the original case) are :
- a) It must be a
practical Sharii ruling (Qiyas does not operate in the area of
ruling must not be an abrogated one,
Hukm must be amenable to understanding through human intellect.
Hukm must not be limited to exceptional situations (in that case
it can not be basis of Qiyas, such as the prohibition of
marriage of widows of the Prophet (SM) with others). Qiyas is
operative or extendable in Hadud (prescribed penalties),
according to majority.
on which ruling is to be given (Far') must not be covered by
Nasus (texts). Qiyas ma'al tariq (analogy with discrepancy) is
The effective cause
(Illah) must be :
- a) Munasib
(proper, according to Mujtahid or scholar of Fiqh)
must be a constant attribute (mundabit)
must be evident
to majority, Illah must be muta'addi (that is transferable to
other cases). Some hold different view with regard to Tadiyah
(tranferability). The effective cause must not run counter
to Nasus. The effective cause may be clearly stated in the nass
(text) but such cases are not many (Ref. Quran : 4:43 ,
Arabic _expression such as
Kay-la (so as not to), li ajli (because of ), li (for), fa (so),
bi (because), anna, inna, also indicate Illah in many cases
(Ref. 5:38, 4:34). The word "Sabab" (cause) is
also used as a substitute for Illah. However, some scholars make
distinction between the two. The distinction is not substantive
or even clear. However, Illah has become popular in usage.
When the Illah is not clearly stated in the nass, it is the duty
of the Mujtahid to find out the Illah (reason) for the ruling of
the text through Ijtihad. This is done by a 2-stage process. The
starting point is "Takhrij al manat" (extracting Illah
- manat is another word for Illah).
Now Illah for a ruling may appear to be a few instead of one.
In that case the Mujtahid proceeds to eliminate the improper
Illah and find out the proper (munasib) Illah. This process is
called tanqih al manat (isolating the Illah).
Tahqiq al manat consists of
investigation of the presence or otherwise of Illah in the new
case (far') where the ruling is to be extended. (whether analogy
can be extended to pick-pocket from thief or whether herbal drink
has the same Illah as wine).
One classification of Qiyas is (a) Qiyas-al-awla, (b)
Qiyas-al-musawi and (c) Qiyas-al- adna. Qiyas
al-awla (superior Qiyas) means where the effective cause is nore
evident in the new case (far') than the original case (asl).
[Ref. 17:23]. In Qiyas-al-musawi (analogy of equals), Illah
is present in Asl and Far' equally (Ref. Quran- 4: 2 ). In
Qiyas-al-adna (analogy of inferior), Illah in Far' is present
less clearly than the original case (Asl). This Qiyas also is
accepted by Usulian.
There is another classification of Qiyas into Qiyas jali (obvious
analogy) and Qiyas Khafi (hidden analogy). Qiyas is accepted by
majority including 4(four) Sunni schools and Zaydi Shias. Proofs
of Qiyas are in verse 59:2 of the Quran, indications in verses
4:105, 2:79 and 59:7. Sunnah also supports Qiyas in that
Ijtihad has been referred to in Sunnah and Qiyas is the most
important method of Ijtihad (see Dr. Hashim Kamalis book
Principles of Islamic Jurisprudence on Proof of Qiyas, see
also discussion under "Talil" in the Chapter on
Arguments against Qiyas
have been put forward by mainly Zahiri school. They contend that
Quran 6:89 ('we have neglected nothing in the Quran') is against
Qiyas. They also say, Qiyas is based on Illah which is based on
conjecture. They also say Quran 49:1 is against Qiyas. All these
are very weak arguments and most of Ummah could not accept them.
Majority hold that Qiyas is applicable in Hadud (prescribed
penalties). Hanafis say that Qiyas is applicable to "Tazir"
penalties (penalties which have been laid down by
Parliament/Courts - not by Quran and Sunnah specifically) but not
to Hadud (punishments prescribed in the Quran and the Sunnah).
Hanafi opinion in this regard is more cautious.
Qiyas is redundant where Nass is there, according to majority.
Some hold that Qiyas (which is speculative) can specify or
qualify speculative of the Quran and the Sunnah. Some Ulama hold
that Qiyas can take priority over Ahad hadith, if Qiyas is
supported by other strong evidence. Qiyas will continue to be a
major instrument of Ijtihad in future, along with Istihsan and