Qiyas (1) | Syarah Waraqat karya Imam Jalaluddin al-Mahalli #18

Summary

In this video, Fahmi Hasan Nugroho discusses the concept of **Qiyas** (analogical reasoning) in Islamic jurisprudence, particularly focusing on its types and applications. He explains how **Qiyas** is used to derive legal rulings for new situations by drawing analogies to existing rulings. Examples like trading rice and the status of slaves are used to illustrate the types of Qiyas, including **Qiyas al-Layn** (reasoning based on direct logical connection), **Qiyas al-Suduri** (reasoning through analogical likeness), and **Qiyas al-Mutamayiz** (reasoning through distinctive similarities). This video offers deep insights into the principles of Islamic legal reasoning, emphasizing the importance of **illat** (causes) in deriving rulings.

Takeaways

• 😀 Qiyas (analogy) is a method used in Islamic jurisprudence to apply established rulings to new situations that share a similar cause or reason (illat).
• 😀 The four key components of qiyas are: 1) Al-Aslu (the original case), 2) Al-Far'u (the new case), 3) Illat (the shared cause), and 4) Hukm (the ruling).
• 😀 Qiyas can be used to derive rulings when there is no direct text (Quran or Hadith) available for a new situation.
• 😀 One example of qiyas is the trade of similar food items, such as exchanging rice for rice or wheat for wheat, which must be equal in quantity and exchanged on the spot.
• 😀 The illat in qiyas refers to the shared reason between the original and new cases that justifies applying the same ruling.
• 😀 Qiyas 'Aqlī (reason-based analogy) involves applying reasoning to cases, such as the prohibition of both physically and verbally harming parents.
• 😀 Qiyas Sūri (visual analogy) is based on comparing the physical or practical similarities between two cases, such as treating slaves similarly to property.
• 😀 Qiyas Mushabbih (simile analogy) applies when two cases are so similar that the ruling can be directly applied without deviation.
• 😀 The treatment of slaves in Islamic law was historically akin to property, leading to qiyas being applied to issues related to slavery and property.
• 😀 For qiyas to be valid, all four conditions must be met: the original case must have a known ruling, the new case must be compared, the cause must be clear, and the same ruling must be applied.

Q & A

What is the concept of 'qiyas' in Islamic jurisprudence?

'Qiyas' refers to the process of making analogies in Islamic law. It involves applying a ruling from an established case (the original case) to a new case (the analogy) based on a shared legal reason (illat).

What is the significance of 'illat' in 'qiyas'?

'Illat' is the legal reason or underlying cause that links the original case (the 'asl') with the new case. It is essential for establishing that both cases should be treated similarly under Islamic law.

Can you explain the relationship between 'illats' and the concept of 'riba' (usury)?

In the case of 'riba' (usury), for example, 'wheat' and 'barley' share the same 'illat'—they are both staple foods. Therefore, they are subject to the same rules when exchanged, which must be equal in amount and occur on the spot to prevent 'riba'.

What are the three types of 'qiyas' mentioned in the script?

The three types of 'qiyas' discussed in the script are: 1) 'Qiyas al-Lah' (which has an illat that mandates a ruling), 2) 'Qiyas al-Sudayr' (where the illat only suggests a ruling but does not mandate it), and 3) 'Qiyas al-Sahih' (where the illat is less clear and applies to both the original and new cases).

What is the difference between 'Qiyas al-Lah' and 'Qiyas al-Sudayr'?

'Qiyas al-Lah' occurs when the illat in the analogy directly leads to a legal ruling being necessary. 'Qiyas al-Sudayr', on the other hand, suggests a legal ruling based on the illat but does not mandate it as strictly as 'Qiyas al-Lah'.

How is the case of 'memukul orang tua' (hitting one's parents) analyzed in terms of 'qiyas'?

The action of 'memukul orang tua' (hitting one's parents) is prohibited by analogy to 'ucapan kasar' (harsh words) in the Qur'an. Both involve harm, one physical and the other psychological, and thus both are considered forbidden (haram) in Islam.

What is the role of 'illats' in determining whether zakat is obligatory on a child's wealth?

The 'illat' for zakat is that the wealth must be productive or growing. However, in the case of a child's wealth, some scholars (like Imam Abu Hanifah) argue that zakat is not obligatory because the child is not legally responsible (mukallaf), despite the wealth being productive.

What is the ruling on 'hamba sahaya' (slave) in Islamic law based on the script?

In Islamic law, the status of a 'hamba sahaya' (slave) is treated more like property than a free person, due to their classification as a possession that can be bought, sold, or inherited. However, they are also human beings, and their treatment is regulated by specific laws.

What is meant by 'qiyas' being applied to a slave's legal status?

The legal status of a slave ('hamba sahaya') is analyzed through 'qiyas' by comparing it to the treatment of property or livestock in Islamic law. Because they can be bought, sold, and inherited like property, their status is considered closer to that of goods than of free persons.

What are the key components that make up a valid 'qiyas' according to the script?

A valid 'qiyas' consists of four key components: 1) the original case ('asl'), 2) the new case ('far'), 3) the shared 'illat' (legal reason), and 4) the ruling ('hukm') that is applied to both cases.