Showing posts with label usul. Show all posts
Showing posts with label usul. Show all posts

Saturday 12 December 2015

What is Qiyas - Visual Explanation



Literally, Qiyas means measuring or ascertaining the length, weight or quality of something. Scales are called ‘miqyas’ which is derived from this. Qiyas also means comparison – equality or similarity between two things.

Technically; Qiyas is an:

extension of a Shariah value (wajib, haram, mubah, mandoob, and makrooh)
from an original case (asl)
to a new case (far’),
because the latter has the same effective cause (illah) as the former.

The original case is ruled by the Quran or Sunnah and qiyas aims to extend the same ruling to the new case based on the same illah.

It was defined by Ibn Qudaamah R.A. as follows:

“Giving a ruling concerning a novel issue (i.e., one that is not directly mentioned in shara‘i texts) that is the same as the ruling on a basic issue (i.e., one that is directly mentioned in shara‘i texts), on the basis of some common factor between the two issues.”

Sheikh Yahya Ibrahim explains:

Qiyas is when scholars of Islamic Shariah establish an understanding by looking at something similar to the issue, or to the opposite of it.
Why the opposite? Because “somethings are known by their opposites.”

For example, if there were no darkness how would we know what light is?

As such, when we enter the mosque the Rasool ﷺ taught us to enter with our right foot. So, by analogy or “Qiyas” the scholars have said that if we enter a place of righteousness with the right foot, then a place of filth, such as the washroom, should be entered with the left foot.

Sheikh Salih Al-Munajjid explains:

There are four pillars or components of analogy:
- the basic issue (asl),
- the novel issue (far’),
- the ruling (hukm) and
- the common factor (illah).

These components may be understood further by giving an example. If we say, for example, that nabeedh is an intoxicant, then it is haram like khamr (wine).

(Nabidh or Nabeedh is a drink traditionally made from fruits such as raisins/grapes or dates. Nabidh may be non-intoxicating, mildy intoxicating, or heavily intoxicating depending on the level of fermentation. The type of Nabeedh discussed in this example is the intoxicating one.)
- In this case the basic issue is khamr. This is called the basis of the analogy, which is the issue or item of which the text speaks or on which there is consensus.
- The novel issue is nabeedh, which is the matter concerning which analogy is made. This is the matter concerning which there is no text or consensus; it is the issue for which we want to find the shara‘i ruling.

- The ruling is that it is prohibited. This refers to a ruling that is proven concerning the basic issue, whether on the basis of a text or consensus, and whether the ruling is one of prohibition or otherwise, which we want to transfer to the novel issue concerning which there is no evidence or direct mention in any text.
- The common factor is intoxication. The factor is the reason for which the Lawgiver issued a ruling concerning the basic issue.

Visually, we can summarize it as follows:


It is worth noting that the Prophet (blessings and peace of Allah be upon him) used analogy in his fatwas to point out this principle to the people and teach it to them.

For example:

Al-Bukhaari (1852) narrated from Ibn ‘Abbaas (may Allah be pleased with him) that a woman from Juhaynah came to the Prophet (blessings and peace of Allah be upon him) and said: My mother vowed to perform Hajj, but she did not perform Hajj before she died; can I perform Hajj on her behalf? He said: “Yes, perform Hajj on her behalf. Don’t you think that that if your mother owed a debt, wouldn’t you pay it off? So pay off the debt owed to Allah, for Allah is more deserving of having debts owed to Him being paid off.”

Friday 4 December 2015

Bidayat al-Mujtahid: The Distinguished Jurist's Primer (Read and Download)

In the Name of Allâh, the Most Beneficent, the Most Merciful



Bidayat al-Mujtahid: The Distinguished Jurist's Primer by Ibn Hazm:

Ibn Rushd was a Maliki Jurist (Qadi) but presents the views of other schools (Hanifi, Shaf'ee, hanbali & Zahiri) with the usual Respect and objectivity. This book is among the best-known example of the Shari'a science of Ilm al Khilaf (the knowledge of variant ruling) It is one of the most well-known works of ilm-ul- Khilaf, a discipline that records and analyses the differences among Muslim Jurists.
Ibn Rushd’s Bidayat al-Mujtahid (The Distinguished Jurist’s Primer) occupies a unique place among the authoritative manuals of Islamic law. It is designed to prepare the jurist for the task of the mujtahid, the independent jurist, who derives the law and lays down precedents to be followed by the judge in the administration of justice. In this manual Ibn Rushd traces most of the issues of Islamic law, describing not only what the law is, but also elaborating the methodology of some of the greatest legal minds in Islam to show how such laws were derived.
This text provides a still-relevant basis for the interpretation and formulation of Islamic law. Combining his legal and philosophical knowledge, Ibn Rushd transcends the boundaries of different schools and presents a critical analysis of the opinions of the famous Muslim jurists and their methodologies.
The legal subject areas covered include marriage and divorce; sale and exchange of goods; wages, crop-sharing and speculative partnership; security for debts and insolvency; gifts, bequests and inheritance; and offences and judgements.


English
Bidayat al-Mujtahid: The Distinguished Jurist's Primer
Ibn Al Hazm
(Comparative Fiqh)
Vol1 (139 MB Approx)
Read Download
Full text (for search)
Vol2 (142 MB Approx) 
Read / Download
Full text (for search)


CLICK HERE for a huge collection of books on Usool Al-Fiqh