Qiyas (Arabic قياس ) refers to Islamic jurisprudence a particular form of analogy that can be used as a means of finding of norms, if to a particular fact nothing in the Qur'an or Sunnah and there is no scholarly consensus to do so. The term is derived from the Arabic root QYS قيس whose basic meaning " measure ", " compare ", " judge " is.
In Sunni Islam qiyas is valid according to the Qur'an, Sunnah and ijma ʿ as the fourth source of law. In the Twelver legal theory qiyas is rejected, but the reason proof ( Dalil al - ʿ aql ) allowed. The Zahiriten and some Hanbali rejected the qiyas.
Fundamental to the conception of the Sunni qiyas the statement of al- Shafi ʿ ī is in his Kitaab al - Ibṭāl istiḥān ( "Book of the exhaustion of equity consideration " ), which forms part of his Kitaab al - Umm. Here the neat in the Hanafi ' equity consideration " ( istiḥsān ) is rejected as a means of finding of norms, while also defines which are the permissible means of the standard determination: " No one who wants to be a judge or mufti, it is allowed, at the case law or the issuance of his report on something else to rely on as a binding report, namely the Book, the Sunnah, or what the scholars teach consistently, or on the analogy according to one of these things. " Ash- Shafi ʿ ī assumed that qiyas and ijtihad are identical.
Components of qiyas
The qiyas consists of four elements: (1) a target case (far ʿ ), for a normative assessment ( Hukm ) is sought; (2) a base case (ASL ), is for those already given by Qur'an, Sunnah or consensus, a normative assessment; (3) an ascertainable reason ( ʿ illa ) for the normative assessment of the present case, which is transferable to the target case; if all the above three elements are present, then (4 ) gives the normative evaluation of the target case.
Regarding the ʿ illa numerous key conditions that must be met, including " significant outcrop " ( sehri ), " detectability " ( indibāt ) and " appropriateness " ( munāsaba ). Adequacy, which is discussed a great deal, should exist when the ʿ illa a benefit ( Maslaha ) causes damage or has a shot blocked. For example, the prosperity ʿ illa for the commandment to pay the Zakat and avoid the noise ʿ illa for the Koranic prohibition of wine.
In some systems, the category is "reasonableness " further broken down, namely by:
- Degree of urgency in " compelling need " ( darūra ), " neediness " ( ḥāǧa ) and " completeness " ( tatimma ). One of the things that are absolutely necessary to include the five derived from the Sharia universals (al- al - Hams Kulliyat ): life, religion, family, reason and property. The greater the urgency is, the more it is suitable for qiyas.
- Degree of specificity of ʿ illa and ʿ far. The more specific the two, the more they are suitable for qiyas.
- Position of the basic religious texts over the desired benefits. Is the benefit to the lyrics explicitly recognized, it is a "recognized benefit" ( Maslaha mu ʿ tabara ), which represents a sound basis for reasoning. If these benefits are specifically excluded in these texts, it is an " excluded benefits " ( Maslaha mulghāt ), which is not suited for reasoning. To a "Released benefit" ( Maslaha mursala ) is when the basic texts to contain no judgmental statements. It can also be used as an argument.