Principles of Islamic Jurisprudence by MH kamali

Hence it is not quite so obvious whether the new case

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Unformatted text preview: ahrah, Usul, p.195-196. Zuhayr, Usul, IV, p. 44.] [57. Muslim, Sahih Muslim, p. 41, Hadith no. 119; This type of qiyas is unanimously accepted as qiyas proper, but, as earlier stated, the Hanafis and some Zahiris consider the first two varieties to fall within the meaning of the text. It would appear that the Hanafis apply the term 'qiyas' only to that type of deduction which involves a measure of ijtihad. The first two varieties are too direct for the Hanafis to be considered as instances of qiyas. 45; Nour, 'Qiyas', 24-45.] Qiyas has been further divided into two types, namely 'obvious analogy' (qiyas jali) and `hidden analogy' (qiyas khafi). This is mainly a Hanafi division. In the former, the equation between the asl and far` is obvious and the discrepancy between them is removed by clear evidence. An example of this is the equation the ulema have drawn between the male and the female slave with regard to the rules of manumission. Thus if two person, jointly own a slave and one of them sets the slave free to the extent of his own share, it is the duty of the Imam to pay the other part-owner his share and release the slave. This ruling is explicit regarding the male slave, but by an `obvious analogy' the same rule is applied to the female slave. The discrepancy of gender in this case is of no consequence in regard to their manumission. [59. Shawkani, Irshad, 222; Ibn Qayyim, I'lam, I, 178; Zuhayr, Usul, IV, 45.] The 'hidden analogy' (qiyas khafi) differs from the 'obvious' variety in that the removal of discrepancy between the asl and the far` is by means of a probability (zann). Shawkani illustrates this with a reference to the two varieties of wine, namely nabidh, and khamr. The former is obtained from dates and the latter from grapes. The rule of prohibition is analogically extended to nabidh despite some discrepancy that might exist between the two. [60. Shawkani, Irshad, 222; Ibn Qayyim, I'lam, I, 178; Zuhayr, Usul, IV, 45.] Another example of qiyas khafi is the extension, by the majority of ulema (excepting the Hanafis), of the prescribed penalty of zina to sodomy, despite a measure of discrepancy that is known to exist between the two cases. And finally, the foregoing analysis would suggest that qiyas khafi and qiyas al-adna are substantially concurrent. Proof (Hujjiyyah) of Qiyas Notwithstanding the absence of a clear authority for qiyas in the Qur'an, the ulema of the four Sunni schools and the Zaydi Shi'ah have validated qiyas and have quoted several Qur'anic passages in support of their views. Thus, a reference is made to sura al-Nisa' (4:59) which reads, in an address to the believers: `should you dispute over something, refer it to God and to the Messenger, if you do believe in God'. Principles of Islamic Jurisprudence ~ Kamali 197 [58. Zuhayr, Usul, IV, 44- The proponents of qiyas have reasoned that a dispute can only be referred to God and to the Prophet by following the signs and indications that we find in the Qur'an and Sunnah. One way of achieving this is to identify the rationale of the ahkam and apply them to disputed matters, and this is precisely what qiyas is all about [61. Ibn Qayyim,...
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This note was uploaded on 04/13/2013 for the course ISLAM 101 taught by Professor Islam during the Spring '13 term at Harvey Mudd College.

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