CSSMuslim Law

Q4. Define Qiyas (Analogy). How does the jurist use it to extend the law from the texts? What is the difference between Qiyas and Istihsan?

Qiyas, also known as analogy, is a method of extending Islamic law from the text-based sources, such as the Quran and Sunnah, to new cases or circumstances. Qiyas involves applying the principles and rules found in the text-based sources to new cases by analogy. This process involves identifying a parallel between a new case and a case covered by the text-based sources, and then applying the same rule or principle to the new case.

The process of qiyas starts with identifying the legal cause (illa) for a particular ruling in the text-based sources. The illa is the underlying reason or justification for a ruling in the text-based sources. Once the illa has been identified, the jurist can then apply this illa to a new case by analogy.

For example, if the text-based sources prohibit the consumption of intoxicating drinks, the illa would be the harmful effects of such drinks on the individual and society. The jurist can then use this illa to extend the ruling to new cases, such as the prohibition of other harmful substances.

Qiyas is an important tool for Islamic jurists in extending the law from the text-based sources to new cases and circumstances. However, it is also a controversial method of legal reasoning, as it requires the jurist to use their own discretion and judgment in making analogies.

Istihsan, on the other hand, is a method of legal reasoning in Islamic law that involves giving preference to what is considered to be in the public interest or more equitable. Istihsan involves the jurist using their own discretion and judgment to prefer a ruling that is more in line with the principles of justice and the public interest, even if it deviates from the strict letter of the law.

In contrast to qiyas, which involves making analogies based on the legal cause (illa), istihsan involves giving preference to what is considered to be in the public interest or more equitable. This method of legal reasoning allows the jurist to use their own discretion and judgment in making legal rulings, and it is often used in cases where there is no clear ruling in the text-based sources.

In summary, qiyas is a method of extending Islamic law from the text-based sources by making analogies based on the legal cause (illa), while istihsan is a method of legal reasoning that involves giving preference to what is considered to be in the public interest or more equitable.

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