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Islamic law > Qiyas > Flashcards

Qiyas Flashcards

1
Q

Literal meaning of Qiyas

A

“to measure or ascertain something”

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2
Q

What is Qiyas?

A

Process of extending a Syariah rule from the original case to a new case if the new case has the same effective cause

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3
Q

Purpose of Qiyas

A
  • Method of ijtihad
  • Can only be applied if no solution can be found in the AQ, the Sunnah or Ijma’
  • Used to develop existing law, not to derive new legal rules in order to ensure conformity with letter and spirit of AQ and Sunnah
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4
Q

Conditions of Qiyas

A
  1. Aslu (original case)
  2. Far’u (new case)
  3. ‘Illah (effective cause)
  4. Hukm (legal ruling)
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5
Q

What is aslu?

A
  • Case established when legal ruling is revealed by Syariah law
  • Legal rule in original case can be extended to new case by way of analogy
  • Has 2 meanings: source and subject matter of legal ruling
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6
Q

Far’u

A

Extension of a legal ruling that is applied in the original case

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7
Q

Conditions of valid far’u

A
  1. Must involve a legal issue that is not covered by the AQ, the Sunnah or any ijma’
  2. Must be a common ‘illah shared between the original and new cases
  3. Application must not result in any changes to the law

If conditions are not fulfilled, qiyas will not be applied

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8
Q

‘Illah (effective cause)

A

Attribute of a case

To identify effective cause:
1. must have knowledge of the indications of the Syariah texts
1. must have understanding of the general objectives that Islamic law intends to achieve

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9
Q

Requirements for ‘illah before qiyas can be applied

A
  1. Must be constant and stable
  2. (must not change even when it is repeatedly applied to cases with different circumstances over time)
  3. Must be evident
  4. (Illah should be obvious and easily identifiable)
  5. Must be a proper attribute reasonably related to the relevant legal ruling (must be compatible with the objectives of a legal rule)
  6. Must be transient
  7. Must not run counter to the AQ or Sunnah
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10
Q

Requirements for ‘illah before qiyas can be applied

A
  1. Must be constant and stable
  2. Must be evident
  3. Must be a proper attribute reasonably related to the relevant legal ruling
  4. Must be transient
  5. Must not run counter to the AQ or Sunnah
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11
Q

How illah can be “constant and stable”?

A

Must not change even when it is repeatedly applied to cases with different circumstances over time

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12
Q

How illah can be “evident”?

A
  1. Illah should be obvious and easily identifiable
  2. Must not be hidden (khafi) or concealed
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13
Q

How illah can be “reasonably related to the relevant legal ruling”

A
  • Must be compatible with the objectives of a legal rule
  • Example - Intoxicating effect of alcohol which is the effective cause for prohibiting alcohol is compatible with the objective of preserving the mind
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14
Q

Hukm (legal ruling)

A

Rule governing original case that can be extended to new case

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15
Q

Conditions of valid hukm

A
  1. Must be practical rule
  2. Must be operative (Not subjected to abrogation)
  3. Rational (Human mind must be capable of understanding the cause of enactment)
  4. Must be able to be applied outside exceptional situations
  5. Must not depart from AQ or Sunnah
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16
Q

Killing to receive bequest

Qiyas example

A
  1. Hadith - “the murderer will not inherit” and “there is nothing for the murderer”.
  2. ‘illah - receiving property in this manner is unjust
  3. Can apply to the issue of killing testator in order to receive bequest
17
Q

Drug usage

Qiyas example

A
  1. AQ 5:90 - prohibits wine consumption
  2. ‘illah - intoxicating effect
  3. Rule can be applied to issue of drug usage
18
Q

Physically lashing out at parents

Qiyas example

A
  1. AQ 17:23 - prohibits verbal abuse of parents
  2. ‘illah - avoid causing torment
  3. Can extend rule to issue of physically lashing at parents
19
Q

Offering to buy goods that are already sold

Qiyas example

A
  1. Hadith - prohibits making marriage offer to engaged woman
  2. ‘illah - to avoid conflict
  3. Rule can be applied to issue of offering to buy sold goods
20
Q

Criminal misappropriation

Qiyas example (finding lost wallet but decided to not return to owner)

A
  1. AQ 5:38 - prohibits theft
  2. ‘illah - to prevent unlawful possession of another person’s goods
  3. Rule can be applied to criminal misappropriation

Islamic law (10 decks)

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