Achieving Qiyas: The 4th Source of Islamic Law


Achieving Qiyas: The 4th Source of Islamic Law – Qiyas is among the 4 resources of Islamic legislation decideded upon by scholars. In this situation, qiyas inhabits the 4th position, after the Qur’an, hadith, and ijma.

Linguistically, words qiyas (قياس) originates from the origin word qaasa-yaqishu-qiyaasan (قياسا يقيس قاس) which means dimension. The scholars of ushul fiqh specify qiyas in various editorials but have the same meaning.

Inning accordance with the call qiyas is corresponding something that doesn’t have lawful messages with something that has lawful messages based upon the resemblance of illat or benefits that are considered by the syara. Qiyas can also be translated as a task of bring out the equivalent of a legislation versus another legislation.

Al-Ghazali in al-Mustashfa specifies qiyas as entrusting something that’s known to another thing in developing the legislation or negating the legislation from both. This decision or omission is performed because of the resemblances in between both.

Read : what is meaning of qiyas in islam

In guide Usul Fiqh Quantity I written by Amir Syarifudin, it’s discussed that certain situations whose laws are determined by Allah SWT often have resemblances with various other situations whose laws are not stipulated. Thus, because of the resemblance in nature, the legislation that is established can be used to various other comparable situations.

Imam Shafi’i said that the position of qiyas is weak compared to ijma. Thus, qiyas inhabits the last place in the structure of resources of Islamic legislation. In his book Ar-Risalah, Imam Shafi’i says that in between qiyas and ijtihad are 2 words that imply one.

Here are the fundamentals of using and the columns of qiyas

A. Basic use Qiyas

Most of scholars do qiyas on the basis of orders to take lessons or ijtihad. Inning accordance with most of scholars, qiyas consists of taking lessons from an occasion. Estimated from guide Qiyas: The 4th Resource of Sharia Legislation by Ahmad Sarwat, the basis of qiyas also describes the letter An Nisa verse 59, which is the regulate to go back to Allah and the Carrier.

يٰٓاَيُّهَا الَّذِيْنَ اٰمَنُوْٓا اَطِيْعُوا اللّٰهَ وَاَطِيْعُوا الرَّسُوْلَ وَاُولِى الْاَمْرِ مِنْكُمْۚ فَاِنْ تَنَازَعْتُمْ فِيْ شَيْءٍ فَرُدُّوْهُ اِلَى اللّٰهِ وَالرَّسُوْلِ اِنْ كُنْتُمْ تُؤْمِنُوْنَ بِاللّٰهِ وَالْيَوْمِ الْاٰخِرِۗ ذٰلِكَ خَيْرٌ وَّاَحْسَنُ تَأْوِيْلًا ࣖ – ٥٩

Meaning: “O you that think! Follow Allah and follow the Carrier (Muhammad), and Ulil Amri (owners of power) amongst you. After that, if you vary on something, after that return it to Allah (Al-Qur’an) and the Carrier (his sunnah), if you count on Allah and the Last Day. That’s more crucial (for you) and better consequently.” (Surat an-Nisa: 59)

In the analysis of Mafatih Al-Ghaib, Al-Fahru ar-Razi translates that the purpose of returning events to Allah and the Carrier in the verse is the regulate to use qiyas. This opinion is strengthened by the use the Qur’an and the Sunnah of the Prophet Muhammad in qiyas, although it’s not clearly specified in the call qiyas.

Read also : Difference between qiyas and ijma

B. Columns of Qiyas

Estimated from guide Usul Fiqh by Amrullah Hayatudin, qiyas is composed of 4 columns and several requirements that must be met. Are as complies with:

1. Ashl

Ashl is an old situation that has a lawful stipulation in both messages and ijma. Ashl is often described as musyabbah bih or what resembles and maqis ‘alaih or a place to hope. In a simple sense, asl holds true to be used as a measure or contrast.

There are several problems that must be met asl in purchase to be used as qiyas. Asl must have a long-term legislation. The lawful stipulation must be based upon the sam’isyar’i course, not the aqli. This course is also used to determine the illat in asl.

Additionally, lawful arrangements on asl must not be based upon qiyas, but because of messages or ijma. Asl is also not enabled to go outside the rules of qiyas.

2. Far’u

Far’u is a situation for which the legislation will be looked for or equated with a situation that currently has a legislation. Some of the problems that make far’u can be determined in qiyas, to name a few, far’u doesn’t yet have a legislation that’s determined based upon messages or ijma, must be found in far’u illat asl with perfect degrees and should not be much less compared to the degree of illat included in asl.

3. Ashl.’s Legislation

Ashl legislation is the shari’a legislation established by the messages and required to develop the legislation versus far’u.

4. Illat

Linguistically, illat can be translated as evidence or factor. Illat is the structure in the legislation of asl. In another sense, illat is also called the benefit that’s considered by the syara. Illat is among the factors to consider in doing qiyas.

Whats is qiyas in islam?


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