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Qiyas

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Qiyas is a method of deductive analogy used in Islamic jurisprudence. It is a process where scholars compare new situations to known teachings. This allows them to apply an existing rule to a new circumstance. This method helps create a new injunction, which is a legal ruling. In the Sunni tradition, qiyas serves as a secondary source of Sharia law. It follows the primary sources, which are the Quran and the Sunnah. The Sunnah refers to the prophetic tradition of the Prophet Muhammad.

To perform qiyas, a scholar must follow a specific three-step mechanism. First, there must be a new case that lacks a clear ruling in the Quran or Sunnah. Second, there must be an original case that already has a established ruling, known as a hukm. This original ruling comes from the Quran, the Sunnah, or ijma, which is a binding consensus. Third, both the new case and the original case must share an operative cause called the ʿillah. The ʿillah is the specific circumstance that triggers a law into action. If this connection exists, the ruling from the original case can be applied to the new one.

An example of this process involves the prohibition of certain transactions. The Quran and Sunnah prohibit buying or selling goods during the final call for Friday prayers. Through qiyas, scholars extend this prohibition to other activities. This includes agricultural work and administrative tasks. By identifying the ʿillah, the rule moves from a specific instance to a broader application. This allows the legal system to address problems that did not exist during the time of the Prophet.

The history of qiyas shows a long debate among Muslim scholars. While some claim it has existed since the religion's inception, modern scholars often credit Abu Hanifa. He is recognized as the first to incorporate analogical reason as a secondary source. Over time, acceptance of qiyas grew across different schools of thought. The Hanafite and Shafi'ite schools were early proponents. Later, the Malikite and Hanbalite schools also granted it full acceptance. Today, the overwhelming majority of Sunni jurists affirm its validity.

However, the validity of qiyas was not always a settled matter. Many early jurists strongly opposed the use of analogical reasoning. Imam Bukhari and Ahmad ibn Hanbal were notable opponents. Bukhari rejected qiyas because he feared it relied on invalid techniques of ijtihad, or legal reasoning. He also distinguished qiyas from tashbih, which is a comparison used for explanation or metaphor. Ahmad ibn Hanbal expressed a total rejection of ra’y, or personal opinion. He argued that there is no qiyas in the Sunnah.

Opposition to qiyas came from several different intellectual angles. Some scholars argued that the method was contrary to reason. Others believed that human well-being is known only by God, the giver of the law. Therefore, they felt only direct revelation could provide true guidance. In the Shi’a tradition, the rejection of qiyas is also common. Twelver Shi’a Muslims use the intellect, or ʿAql, as their fourth source of law. They look to the ulama, or scholars, for guidance during the Occultation of the Imamah Mahdi.

Ismaili thinkers also held distinct views regarding subjective opinion. The thinker Bu Ishaq Quhistani argued that qiyas contradicted the concept of tawhīd, or unity. He believed that relying on imperfect human intellects would lead to endless disagreement. He suggested that a supreme intellect, such as an Imam, is necessary to provide true spiritual instruction. This stands in contrast to the Mu'tazilite school. While primarily a school of theology, many Mu'tazilites accepted qiyas alongside pure reason. This shows how qiyas connects to broader debates about reason, revelation, and authority in Islamic thought.

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