Islam as a religion emphasizes logical thinking and promotes intricate analysis of actions performed daily. This analysis of each action is done by keeping the two sources of information in Islam (i.e., the Quran and Sunnah) at the forefront. But if the Quran or Sunnah doesn’t have a clear ruling on a particular action, scholars utilize qiyas to form a ruling.
Qiyas: The Analogical Reasoning
Qiyas is an Arabic word that means ‘measuring’ or ‘estimating.’ With respect to the Shariah (Islamic law), qiyas can be defined as the analogical analysis of Islamic rulings for new matters. It is one of the principles of fiqh and refers to analyzing and applying existing laws to new circumstances. These new laws are not explicitly mentioned in the Quran or Sunnah; instead, they are derived based on explicitly mentioned laws. Jurists who use qiyas do not view these laws as new but as applying existing rulings to different issues.
Ibn Qudaamah, an Islamic scholar, defined Qiyas as:
Issuing a ruling on a novel issue (i.e., an issue that is not directly mentioned in the shariah) that is similar to the ruling of a basic issue (i.e., an issue that is directly and explicitly mentioned in the shariah) on the basis that both issues have some common factor between them.
Importance Of Qiyas
Qiyas in an Islamic community holds extreme significance because it is a way by which new situations and circumstances can be religiously evaluated. It provides Muslims with an opportunity to keep up with the changing times while fully adhering to the framework of life laid out by Islam and allows them to live a life according to Allah’s pleasure. It helps Muslims to navigate different aspects of life, such as business, relationships, social gatherings, etc., with the rules laid out in the Shariah.
Example Of Qiyas
A very basic example of qiyas is the prohibition on the consumption of marijuana. Now, there is no explicit text that forbids marijuana, but it does forbid the use of wine, which is an intoxicant. Therefore, when the issue of marijuana consumption arose, the scholars turned to the ruling of prohibition of intoxicants in Islamic law and, using qiyas, ruled out that marijuana is prohibited for consumption because it is an intoxicant. The following verse of the Quran states the sin of wine.
“They question thee about strong drink and games of chance. Say: In both is great sin and (some) utility for men, but the sin of them is greater than their usefulness. And they ask thee what they ought to spend. Say: that which is superfluous. Thus Allah makes plain to you (His) revelations, that haply ye may reflect.”
[Surah Baqarah, Verse 219]
Pillars Of Qiyas
The Basic Issue
The first pillar of qiyas is the basic issue. The basic issue is the issue that has a clear and explicit ruling mentioned about it in either the Quran or the Sunnah. For example, if the scholars say that marijuana is an intoxicant, then it is haram, just like wine. Then, the basic issue here is wine. This is called the basis of analogy, which is the situation or issue that the shari’ah speaks about or about which there is scholarly consensus present.
The Novel Issue
The novel issue is the second pillar of qiyas and is the issue that has no explicit and clear ruling mentioned about it in either the Quran or Sunnah. This is the situation or issue on which the analogy is made, and the issue for which the scholars need to find a Shariah ruling.
The Ruling
The ruling in this case is that it’s prohibited. Generally, the third pillar of qiyas refers to a ruling formed based on the basic issue. The ruling doesn’t have to be one of prohibition but could consist of any other ruling regarding actions in Islam, such as makrooh (disliked) or mustahabb (preferred).
The Common Factor
The fourth and last pillar of qiyas is the pillar of the common factor. This pillar represents the similarity between both issues, based on which the ruling is given. The common factor in this case is intoxication, as both wine and marijuana are intoxicants.
The Prophet PBUH And Qiyas
There are several hadiths in which the Prophet PBUH has used analogy in his fatwas and has pointed out the similarities in different situations to make people understand it.
Ibn ’Abbas (RA) narrated that a woman from the tribe of Juhainah approached the Prophet (PBUH) and asked, “My mother had vowed to perform Hajj, but she passed away before fulfilling her vow. Should I perform Hajj on her behalf?” The Prophet (PBUH) responded, “Yes, perform Hajj on her behalf. If she owed a debt, would you have settled it? Similarly, settle her debt to Allah, for He alone is most deserving of repayment.”
[Bulugh al-Maram 716]
It was narrated from ʼUmar bin al-Khattab (رضي الله عنه) that he said, One day, in a moment of excitement, he kissed his wife while fasting. He then approached the Messenger of Allah (PBUH) and said, “Today I have done something terrible: I kissed my wife while fasting.” The Prophet (PBUH) responded, “What do you think if you rinse your mouth with water during fasting?” Umar replied, “There is nothing wrong with that.” The Prophet (PBUH) then asked, “Why are you worried?” (i.e., the Prophet PBUH was telling Umar RA that there is nothing wrong in what he did.)
[Musnad Ahmad 372]
‘Abdullah bin ‘Abbas narrated that a man asked the Messenger of Allah [SAW], “My father is old and unable to sit steadily on a saddle for Hajj. If I try to tie him, I fear he might die. Can I perform Hajj on his behalf?” The Prophet [SAW] replied, “Would you pay off a debt your father owes if he had one?” The man said, “Yes.” The Prophet then said, “Then perform Hajj on his behalf.”
[Sunan an-Nasa’i 5393]
Who Can Perform Qiyas?
Muslim scholars are the only ones who can perform qiyas due to their extensive understanding of the Quran and Sunnah. Moreover, a scholar who performs qiyas is not only well-learned in the texts of the shariah but is also familiar with the intricate art of deducing legal rulings from implicit texts. A normal Muslim is not authorized to conduct qiyas due to the limited knowledge and understanding of the Quran and Sunnah.