Qiyas
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In Sunni Islamic jurisprudence, Qiyas is the process of analogical reasoning from a known injunction (nass) to a new injunction. Both Sunni Islam and Shi'a Islam share Qur'anic interpretation, the Sunnah, and Ijma (consensus) as sources of Islamic law, although the two sects differ significantly with regards to the manner in which they use these sources. The sects differ on the fourth source. Sunni Islam uses qiyas as the fourth source, whereas Shi'a Islam uses 'aql (intellect).
Example of qiyas
For example, qiyas is applied to the injunction against wine drinking to create an injunction against cocaine use.
- Identification of a clear, known thing or action that might have bear a resemblance to the modern situation, such as the wine drinking.
- Identification of the ruling on the known thing. Wine drinking is haraam, prohibited.
- Identification of the reason behind the known ruling ('illah). For example, wine drinking is haram because it intoxicates. Intoxication is bad because it removes muslims from mindfulness of God. This reason behind the reason is termed hikmah.
- The reason behind the known ruling is applied to the unknown thing. For instance cocaine use intoxicates the user, removing the user from mindfulness of God. It is therefore prohibited.
The sometimes harsh results of qiyas can sometimes be mitigated by disputed practice of Istihsan (Equity).
see also: Zahirites and Siyasa
References
- Mohammad Hashim Kamali, Principles of Islamic Jurisprudence (2003)