Dr. Latief Awaludin, MA IMetodelogi Qiyas #serialushulfiqih

Summary

This lecture delves into the concept of *qiyas* (analogical reasoning) in Islamic jurisprudence, explaining its critical role in deriving legal rulings for new issues not explicitly addressed in the Qur'an or Hadith. The speaker outlines the four essential components of *qiyas*—original case, new case, underlying cause, and ruling—and discusses different types, including *qiyas aula*, *qiyas musawi*, and *qiyas adna*. Practical examples, such as the prohibition of bank interest and the election of leaders, demonstrate how *qiyas* applies to modern issues. The lecture emphasizes the importance of *qiyas* as a tool for ensuring Islamic law remains relevant and adaptable in contemporary society.

Takeaways

• 😀 Qiyas, or analogy, is a key Islamic legal concept that draws comparisons between new legal issues and established rules found in the Quran and Hadith.
• 😀 Imam al-Jufri permits the use of currency, such as Dinar and Dirham, for waqf (charitable endowment), with the income from these funds used for the benefit of the community.
• 😀 Qiyas includes four main components: the original ruling (aslun), the new issue (far'un), the cause (illat), and the shared ruling (hukm).
• 😀 The analogy (qiyas) can be applied when there is no explicit ruling for a new case, by comparing it to a similar case with a known ruling.
• 😀 The application of qiyas is based on strong foundations in the Quran, with a clear methodology for solving new legal issues.
• 😀 Imam Shafi'i emphasized qiyas as a means to derive legal rulings in cases where there is no explicit text, and it is widely accepted by all Islamic schools of thought except for the Shia and Zahiri sects.
• 😀 An example of qiyas is the prohibition of intoxicants (khamr) being applied to all alcoholic drinks, based on the shared characteristic of intoxication.
• 😀 Qiyas is particularly useful in issues of mu'amalat (transactions), such as the prohibition of bank interest, which is analogized to riba (usury) in the Quran.
• 😀 The use of qiyas has also been applied to political matters, such as the election of leaders, which is similar to how Uthman ibn Affan was chosen by a limited group of electors after Umar ibn Khattab's death.
• 😀 Scholars apply qiyas to find solutions for contemporary issues like narcotics or modern financial products, as long as there is a clear illat (cause) linking the new issue to the original ruling.

Q & A

What is the concept of qiyas in Islamic jurisprudence?

Qiyas is an Islamic legal concept that involves analogical reasoning. It is used when a legal ruling for a new case, which isn't explicitly mentioned in the Quran or Hadith, is derived by comparing it to a case that is already addressed in Islamic texts. The goal is to find a common legal rationale, or illat, to apply the ruling of the original case to the new one.

How does qiyas serve as a solution for new legal issues?

Qiyas helps in resolving new legal issues by applying analogical reasoning. When a case doesn't have a direct ruling in the Quran or Hadith, scholars can use qiyas to find similar cases from the texts and apply their rulings to the new issue based on the commonalities between the cases, such as the underlying illat.

What are the four essential elements of qiyas?

The four essential elements of qiyas are: (1) the original case (asl), which is clearly defined in the Quran or Hadith, (2) the ruling (hukm) of the original case, (3) the new case (far’), which lacks a clear ruling, and (4) the illat, or the underlying reason that links the original case to the new case.

How does the concept of kias relate to modern financial practices like bank interest?

Qiyas is used to compare modern financial practices, such as bank interest, with similar situations in the Quran. For instance, the interest charged by banks is analogous to the riba (usury) condemned in the Quran. The underlying illat is the unjust increase on loans, which is seen as harmful and exploitative, just as riba was in the time of Prophet Muhammad.

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

'Illat' refers to the underlying reason or cause that connects the original case with the new one in qiyas. It is the key factor that justifies applying the ruling of one case to another. The illat must be consistent between the original and new case for the analogy to be valid.

Can qiyas be used in both religious rituals (ibadah) and transactions (muamalah)?

Qiyas is more commonly used in cases of transactions (muamalah) rather than in religious rituals (ibadah). This is because religious rituals typically have clear, established rulings with no room for analogical reasoning. In contrast, transactions and modern issues often require qiyas to adapt to new circumstances not explicitly mentioned in classical Islamic texts.

What is the role of Imam al-Shafi'i in the development of qiyas?

Imam al-Shafi'i is credited with formally establishing the method of qiyas in Islamic jurisprudence. He emphasized its importance as a source of legal reasoning when the Quran and Hadith do not provide direct answers to new cases. His work laid the foundation for the acceptance of qiyas across most Sunni schools of thought.

How does the concept of qiyas help in modern governance and politics?

Qiyas is applied in modern political situations by drawing analogies to early Islamic practices. For example, the practice of electing leaders in modern times is analogized to the selection of a leader in early Islamic history, such as the election of Uthman ibn Affan as caliph. This provides a framework for understanding contemporary political systems within an Islamic context.

What is the difference between qiyas 'aula' and qiyas 'musawi'?

Qiyas 'aula' refers to cases where the new case (far') has a stronger illat than the original case (asl), making the analogy even more compelling. Qiyas 'musawi', on the other hand, involves situations where the illat of the new case and the original case are equally strong. Both forms are used in different situations depending on the strength of the analogy.

Why is qiyas less commonly applied in matters of worship (ibadah)?

Qiyas is less commonly applied to worship (ibadah) because the rulings on worship are typically clearly defined in the Quran and Hadith, leaving little room for analogical reasoning. In contrast, issues related to transactions and modern life often require qiyas to derive legal rulings for new situations that are not directly addressed in the texts.