CSSMuslim Law

Q.3 (a) What are the rational sources of Islamic law? (7) (b) What are the elements of Qiyas? (7) (c) Explain Qiyas with the help of an example. ” 2019

(a) Rational sources of Islamic law are those that are based on reason and rationality, and include:

  1. Ijtihad: The process of independent reasoning and interpretation of the Quran and Sunnah, which is used to derive new legal rulings and principles.
  2. Qiyas: The process of analogical reasoning, which involves applying the principles of existing legal rulings to new situations that are not explicitly addressed in the Quran or Sunnah.
  3. Istihsan: The process of juristic preference, which allows scholars to deviate from the strict application of legal rules in order to achieve a more equitable or just outcome.
  4. Maslahah: The process of public interest, which allows scholars to consider the broader social and economic context of legal rulings in order to achieve the greater public good.
  5. Urf: Refers to the customs and practices of a particular society, which can be used as a basis for legal rulings in cases where the Quran or Sunnah are silent or unclear.
  6. Ijma: The process of consensus, which involves the agreement of a group of scholars on a particular legal ruling.
  7. The principles of justice and equity, which are considered to be the overarching principles of Islamic law and are used to guide the interpretation and application of legal rules.

(b) The elements of Qiyas are:

  1. The illah (effective cause) of the original ruling: The illah is the reason or rationale behind a legal ruling, which is used to identify the underlying principle that can be applied to new cases.
  2. The new case: This is the case that is not explicitly addressed in the Quran or Sunnah, and for which a legal ruling needs to be derived.
  3. The link between the illah and the new case: This is the process of identifying the similarity or analogy between the effective cause of the original ruling and the new case.
  4. The ruling: This is the legal ruling that is derived based on the analogy between the original ruling and the new case.

(c) Qiyas can be explained with the following example: The Quran prohibits the consumption of alcohol, but it does not mention anything about the use of other intoxicants, such as marijuana. In this case, Qiyas can be used to derive a legal ruling on the use of marijuana by applying the principle of the prohibition of intoxicants. The illah (effective cause) of the prohibition of alcohol is its intoxicating effect, which causes harm to the individual and society. Similarly, marijuana also has an intoxicating effect and can cause harm to the individual and society, and therefore can be prohibited based on the principle of the prohibition of intoxicants. This is an example of analogical reasoning, where the underlying principle of a legal ruling is applied to a new case to derive a legal ruling.

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