QIYAS

QIYAS4th Source Of Islamic Law Quran : It is the 1st and primary source of Islamic law. The Quranic law is perpetual and everlasting.

Sunnah : It is 2nd and also Primary source of Islamic law. Sunnah means the sayings, actions or silent approvals of the Prophet(S.A.W.W). Ijma :It is 3rd and secondary source of Islamic law. Ijma means an unanimous agreement. Ijma never disagrees with the Quran and Sunnah.Qiyas :-Definition :It is 4th and secondary source of Islamic law. In Islamic jurisprudence, Qiyas is the process of deductive analogy in which teaching of Quran are compared with those of Hadith in order to apply a known injunction to a new circumstance and create a new law.3Conditions :1). Qiyas can only be applied when there is no solution to the matter in the Quran and Hadith. And even no Ijma has been performed on that matter.2). Qiyas must not go against the principles of Islam.3). Qiyas must not go against the contents of the Quran nor should it go against the teachings of the Prophet.References :Allah Almighty says in Quran We have sent you the book with the truth, so that you may judge among people by means of what Allah has shown you (Al-Nisa 4:105)So according to above verse, A judgment can be made with the guidance given directly by Allah or on that which has close resemblance.# Quranic Verse :# Hadith :When the Holy Prophet (S.A.W.W) sent Muadh Ibn Jabal(R.A) as governor of Yemen, he asked him: How will you reach a judgment when a question arises? Muadh replied: According to the word of Allah. And if you find nothing therein? He then replied: Then according to Sunnah of the messenger of Allah. The Prophet (S.A.W.W) again questioned: And if you find nothing therein? to a solution that pleases himOn this, Muadh (R.A) said: Then I shall take the decision according to my opinion The Prophet (S.A.W.W) was extremely pleased at his response and remarked: Praise be to Allah who has led his messenger to a solution that pleases himThis shows Holy Prophet (S.A.W.W)approval for using Qiyas.Explanation :Qiyas is considered as the Fourth and Secondary source of Islamic law. Muslim scholars in the later period of Islam traditionally claimed that analogy had existence in Islamic law since their religions inception while modern scholars generally points to a Muslim Abu Hanifa as the 1st to use the analogical reasoning as the source of Islam.The purpose of Qiyas is primarily to facilitate Muslims to fashion their lives according to Islam in the modern world. Like Ijma, Qiyas too, finds its approval in the primary sources (Quran And Sunnah) of Islamic law. The legal expert compares the logic of an existing problem for which no direct solution is given in the Quran, Sunnah and Ijma. He forms his opinion and comes to his conclusion using common points between the two problems.Qiyas can be divided into 4 portions:

Asl: the actual injunction in Quran or SunnahIlla: reasoning behind the injunctionHukm: the new injunction madeFar: the new case on which a ruling is neededExamples :Mentioned below are the examples of Qiyas to clear your understanding.The Quran forbids sales transactions after the call of prayer on Friday (Asl). By analogy, all kinds of transactions (far) have been forbidden (Hukm), because like sales they also distract Muslims from the Friday Prayers (Illa).

Hadith says that if ones nails are coated with flour, the Wudhu is not complete(Asl). Which raises a question whether Wudhu is acceptable with nail polish or not (Far). Since both, flour and nail polish prevent water from reaching the nails (Illa), jurists deduce that Wudhu over nail polish is not acceptable (Hukm).The Holy Quran forbids the use of Khamr, [an alcohol of grapes] (Asl). By analogy, heroin and other intoxicants (far) are also banned (Hukm) because like Khamr they also cause intoxication (illa).

Conclusion :Majority of Muslim jurists recognized 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), illa (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 globalization 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.