Basis in Islam

• Basis from Hadiths:

  When the Messenger of Allah (ﷺ) intended to send Mu'adh ibn Jabal to the Yemen, he asked: How will you judge when the occasion of deciding a case arises? He replied: I shall judge in accordance with Allah's Book. He asked: (What will you do) if you do not find any guidance in Allah's Book? He replied: (I shall act) in accordance with the Sunnah of the Messenger of Allah (ﷺ). He asked: (What will you do) if you do not find any guidance in the Sunnah of the Messenger of Allah (ﷺ) and in Allah's Book? He replied: I shall do my best to form an opinion and I shall spare no effort. The Messenger of Allah (ﷺ) then patted him on the breast and said: Praise be to Allah Who has helped the messenger of the Messenger of Allah to find something which pleases the Messenger of Allah.

Examples of Rulings derived from Qiyaas

• Drugs, like cocaine is haram.
• All kinds of transactions have been forbidden since they, like sales, distract Muslims from prayers.
• Nail polish would invalidate wudu as the nails remain dry.

Describe the method used to make a judgment by analogy (qiyaas) using the Qur’an and Hadith. Give examples to support your answer.

• Analogical reasoning or qiyas is the fourth source of Islamic law-making, the use of which has been justified by both the Qur’an and the Prophet (pbuh).

• There are three elements necessary to make a sound analogy, using the Qur’an and Hadith, which are:

  • Asl (root): the fundamental teaching
  • Far’ (branch): the new matter in question
  • ‘illa (the link): that connects them.

• By relating these together, it is possible to arrive at a new judgment, the hukm. An example that could be given by candidates is:

  • The Qur’an forbids all sorts of trading after the call to prayer on Friday till the completion of the Friday prayers (asl).
  • By analogy, all kinds of transactions (far’), e.g. sales, holding meetings, getting married, etc.
  • As they distract Muslims from Friday prayers (‘illa).
  • So they are forbidden (hukm)

• It is important that the asl must always be from the Qur’an or the Sunna of the Prophet (pbuh) or by ijma.

• An example from the Hadith that could be given is:

  The Prophet (pbuh) said: ‘Every intoxicant is khamr (wine) and every intoxicant is forbidden.’ (Abu Daud)

  • Asl: The Qur’an and Hadith prohibiting khamr
  • Far’: The use of intoxicants other than khamr also prohibited in Islam
  • ‘Illa: They, like khamr, contain the properties of being intoxicants
  • Hukm: Therefore, the use of every substance that causes intoxication is banned in Islam.

‘By using the principle of analogy (qiyas) the basic laws of Islam can be applied at any time and in any case.’ Do you agree?

• Candidates can either agree or disagree with this statement.
• Those who agree can say that new rulings can be formed for any new circumstance, based on their basic similarity with the basic laws of the Qur’an and sunna.
• In this way the divine laws revealed in the Qur’an and sunna remain unchanged without becoming outdated.
• The fundamental laws were made by God who created man and knows what’s best for him at all times.
• For changing aspects of human life, the Qur’an and sunna provide basic principles which may be applied by analogy whenever the need arises.
  • e.g. the issue of drugs could be cited, cocaine was not present in the Prophet’s (pbuh) time so is its use allowed? The Prophet (pbuh) had said, ‘Every intoxicant is khamr, and every khamr is haram’ so every intoxicant is unlawful is a conclusion that could be derived at by the use of analogy.
  • The Holy Quran asks us to pay Zakat. The Prophet (pbuh) explained that one goat must be given as Zakat on every forty goats. Giving a goat to a poor man would be of no use to him so after Qiyas it is permissible to sell the goat and give the cash to the poor man.
  • The Quran forbids sales transactions after the call for friday prayers. By analogy all kinds of transactions have been forbidden since they, like sales, distract Muslims from prayers.
  • Wudu is not valid even if the smallest portion of our body which has to be washed remains dry. According to a tradition reported by Aisha, if the flour dries on nails, wudu would not be considered to have taken place, since that portion of the nails remain dry. Applying this in case of nail polish, wudu would not take place as the nails remain dry.
• Some answers may put forward an opposing argument stating that some schools of thought may disagree with the given statement as qiyas depends very much on the ability of a legal expert to find comparisons between two principles, and because it is practised by individuals it causes unease to some Muslims as it does not have the same broad support, as the other three sources. Whatever the view of the candidate it needs to be backed with evaluation to get the higher level.

Disagreement over Qiyaas