Islamic law, or Shariah, is derived from four main sources: the Quran, the Sunnah (teachings and practices of Prophet Muhammad ﷺ), Ijma (scholarly consensus), and Ijtihad. While the Quran and Sunnah are the primary sources, Qiyas is important in extending the principles and rulings of Islam to new situations and issues that are not directly addressed in these texts. In this blog post, we will understand the concept of Qiyas, its components, conditions, types, and the scholarly debates surrounding its application.

Introduction

The human mind is a remarkable instrument of understanding, constantly employing reasoning to make sense of the world around us. When we reason, we connect existing knowledge to new situations we want to understand. For example, a doctor uses reasoning to link patient symptoms to potential diagnoses, applying medical knowledge to identify illnesses. We use reasoning in decisions throughout daily life, from choosing what to eat to solving work problems.

There are several types of reasoning we use to navigate the world, each serving a unique purpose. These reasoning patterns fall into key categories, some of which are mentioned below:

Deductive reasoning (al-Istidlal al-Istinbati - الاستدلال الاستنباطي)

Deductive reasoning starts with general rules and reaches specific conclusions with certainty. It's a form of logical argument where if all premises are true, the conclusion must be true. The classic example is:

  1. General rule: All acts of worship require intention (niyyah).
  2. Specific case: Fasting Ramadan is an act of worship.
  3. Conclusion: Therefore, fasting Ramadan requires intention.

This type of reasoning is often used when we have clear, general principles in the Quran or Hadith and need to apply them to specific cases.

Analogical reasoning (al-Istidlal al-Tamthili - الاستدلال التمثيلي)

Analogical reasoning involves finding similarities between things and inferring that if two things are alike in some ways, they're probably alike in others. It's less certain than deductive reasoning but very useful for:

  • Problem-solving: "This new problem is similar to one I've solved before"
  • Learning: "Birds have wings to fly; maybe planes could work similarly"

The steps involved in analogical reasoning are as below:

  • Start with a known case that has a clear ruling
  • Identify a new case needing a ruling
  • Find relevant similarities between the cases
  • Transfer the ruling based on shared features

Example:

  1. Known Case: Prophet ﷺ forbade selling dates of different qualities by direct exchange.
  2. New Case: What about exchanging different qualities of wheat?
  3. Finding Similarities: Both involve potential inequity in food items.
  4. Making the Connection: Similar restriction applies.

Whilst people often mistake Qiyas to be analogical reasoning, it isn't actually true. Let's understand why.

Definition of Qiyas

Literally, the word "qiyas" in Arabic has two related but distinct literal senses:

  1. Measuring or Estimating: The first literal meaning of qiyas refers to the act of quantifying or assessing the amount, weight, length, or quality of something. For example, if someone asks, "What's the weight of this object?" or "What's the length of this cloth?", they are engaging in qiyas in the sense of measurement or estimation.
  2. Comparing or Equalizing: The second literal sense of qiyas is to compare two things to determine their similarity, equality, or analogousness. When you examine two objects or concepts to judge whether they are comparable or equivalent in some respect, you are performing qiyas in the literal sense of comparison.

Technically, the meaning of qiyas in Sharia is that we have a legal ruling (hukm) derived from an original case (asl). It is the extension of the Hukm of Shareeah from the original case (Asl) to new case (Far’) because new case (Far’) shares same (illah) effective cause with original case (Asl). If you have not understood this, don't worry, we will explain it in detail next.

How Qiyaas Differs from General Analogical Reasoning

Qiyas combines elements of both deductive and analogical reasoning, but it's most similar to analogical reasoning with strict conditions. Let us break down the structure of Qiyas:

  • Original case (Asl): The established case from Quran or Hadith
  • New case (Far'): The case needing a ruling
  • Ruling (Hukm): The divine ruling on the original case
  • Effective cause (Illah): The common reason/attribute between cases

Example of Qiyas

We know that drinking wine is prohibited (haram) based on explicit textual evidence. This is our asl. Now, what about a new case, like drugs? Are drugs also prohibited? This is our far', the new situation that needs a legal ruling.

  • Original case (Asl): Wine (khamr) is prohibited in the Quran
  • Effective cause (Illah): Intoxication
  • New case (Far'): Modern drugs
  • Ruling (Hukm): Therefore, modern drugs are prohibited

If we analyze the two cases, we find that drugs and wine share a common attribute - they are both intoxicating substances. Intoxication, then, is the 'illah or effective cause behind the prohibition of wine. By identifying this shared 'illah, we can extend the ruling of wine to drugs by way of analogy. Just as wine is prohibited for being an intoxicant, drugs are also prohibited for the same reason. This is the essence of qiyas.

Like analogical reasoning, Qiyas looks for similarities between cases. However, it's more rigorous because:

  1. The Original case (Asl) with ruling (Hukm) is explicit from Quran or Hadith. 
  2. The same ruling is applied to new case based on common effective cause (Al-Illah)
  3. In Qiyas, Illah (effective cause) must be clear and understood, else the Qiyas is invalid. 

Invalid Qiyas Example:

  • Original case: Gold requires Zakat
  • Attempted Illah: Being valuable
  • New case: Diamond
  • This would be invalid if scholars determine the actual Illah for gold is being a currency of exchange, not just being valuable

This structured approach makes Qiyas more rigorous than general analogical reasoning.

Pillars of Qiyas

For a qiyas to be valid, it must have four essential components:

  1. Asl (Original Case): The original case that has a clear ruling in the Quran, Sunnah, or scholarly consensus (ijma). This ruling serves as the basis for analogical deduction. In our example, the asl is the prohibition of wine.
  2. Far' (New Case): The new case that requires a legal ruling. It must not be covered explicitly by the textual sources. In our example, the far' is the legal status of drugs.
  3. Hukm al-Asl (Ruling of the Original Case): The Shariah ruling on the original case, such as halal (permissible), haram (prohibited), makruh (disliked), etc. In our example, the hukm is that wine is prohibited (haram).
  4. 'Illah (Effective Cause): The effective cause or attribute shared between the original and new cases, which is the basis for the analogy. In our example, the 'illah is intoxication.

A simple example of qiyas is the prohibition of marijuana and other drugs based on the Quran's prohibition of khamr (intoxicants) such as alcohol. The 'illah in both cases is intoxication and its detrimental effects on the human mind and behavior. Therefore, drugs are prohibited by analogy to alcohol.

For a valid qiyas, we must clearly identify the 'illah and ensure its applicability to both the original and new cases. Just as intoxication is the reason behind the prohibition of wine, it must be equally present and applicable to drugs for the analogy to hold.

Conditions for the Validity of Qiyas

Islamic legal scholars have established several conditions that must be met for a qiyas to be valid and acceptable. These include:

  1. The ruling of the original case must be based on the Quran, Sunnah, or ijma, not on another analogical deduction, to avoid circular reasoning.
  2. The 'illah must be clearly identifiable, applicable, and consistent between both cases. It cannot be a superficial or irrelevant attribute.
  3. The 'illah must be in line with the objectives and spirit of the Shariah, such as the preservation of religion, life, intellect, lineage, and property.
  4. The ruling arrived at through qiyas must not contradict an established ruling from the Quran or authentic hadith.
  5. Qiyas cannot be applied to matters of worship (ibadat) whose reasons are unknown or to specific Shariah punishments whose conditions and amounts are fixed in the textual sources.

Types of Qiyas

Scholars have classified qiyas into different types based on various considerations. Some of the main classifications are:

1) Qiyas al-Awla:

Where Illah (effective cause) is more evident or clearer in new case (Far’) than in original case (Asl). For instance, if verbally abusing one's parents is prohibited, then physically hitting them is even more prohibited.

  • Asl (Known Case): Allah said: "Your Lord has decreed that you worship none but Him, and do good to parents. If any one of them or both of them reach old age, do not say to them: uff (a word or expression of anger or contempt) and do not scold them, and address them with respectful words." (Quran 17:23)
  • Far` (New Case): Beating or lashing parents.
  • 'Illah (Effective Cause): Both saying "uff" (a word of disrespect) and beating parents are acts of disrespect, disobedience, and harm towards them. The first example (saying "uff") shows a verbal form of disrespect, while the second (beating) is a physical form of harm.
  • Hukm al-Asl (Ruling): Since saying "uff" is prohibited as it is an act of disrespect, by analogy, physically harming parents (such as beating or lashing) is even more clearly prohibited, as it is a more severe form of harm and disrespect.

2) Qiyas al-Musawi:

Where the 'illah applies equally to the original and new cases. An example is the prohibition of destroying an orphan's property by analogy to the prohibition of unlawfully consuming it.

  • Asl (Known Case):Allah said: "Indeed, those who unjustly consume orphans’ wealth ˹in fact˺ consume nothing but fire into their bellies." (Quran 4:10)
  • Far` (New Case): Destroying the wealth of orphans.
  • 'Illah (Effective Cause): Both unjustly consuming the wealth of orphans and destroying their wealth involve harming or misappropriating something that rightfully belongs to them. The first example (unjust consumption) is a direct act of taking their wealth, while the second (destroying their wealth) causes similar harm by wasting or damaging it.
  • Hukm al-Asl (Ruling): Since unjustly consuming the wealth of orphans is prohibited, by analogy, destroying their wealth is also prohibited, as it results in the same harm—namely, the loss of their rightful possessions.

3) Qiyas al-Adna:

Where the 'illah is less evident or more contentious in the new case than the original. The prohibition of eating donkey meat based on the prohibition of eating pork is considered a weak analogy by some scholars.

  • Asl (Known Case): The rules of Riba prohibit the exchange of wheat and other specified commodities unless they are equal in quantity and the delivery is immediate.
  • Far` (New Case): The exchange of apples.
  • 'Illah (Effective Cause): Both wheat and apples are commodities that can be exchanged, and both are edible goods. However, wheat is a staple food, which makes it more essential, while apples are not considered staple food. The key similarity is that both are consumable items, which brings the rule of equality and immediate delivery to mind, but the difference lies in the fact that apples are less essential than wheat.
  • Hukm al-Asl (Ruling): While the rule of Riba applies to wheat and similar staple commodities, by analogy, the rule can also be applied to apples since both are edible goods, even though apples may not have the same significance as staple food like wheat. However, the requirement of equality and immediate delivery in the exchange may be less strictly enforced for non-staple goods like apples.

Types of Qiyas (Based on the Nature of 'Illah)

Another way to classify qiyas is by the nature of the 'illah itself, whether it is explicitly mentioned in the primary texts or derived through juristic reasoning. This gives us two main categories:

Qiyas Jali (Apparent Analogy)

In Qiyas Jali, the 'illah is clearly stated or strongly alluded to in the Quran or authentic Sunnah. There is little room for disagreement about the 'illah, and the analogy is considered obvious and strong (Ulama agree about this Qiyas and effective cause ). It is also called Qiyas Qati’ee (Definitive analogy)

Example: The Quran prohibits wine (khamr) because of its intoxicating effect (5:90). When a new intoxicating substance like whiskey or vodka emerges, it can be readily prohibited by a clear analogy to wine. The 'illah (intoxication) is plainly stated in the text.

  • Asl (Known Case): Allah says: "O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansâb1, and Al-Azlâm (arrows for seeking luck or decision) are an abomination of Shaitan’s (Satan) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful" (Quran 5:90)
  • Far` (New Case): Drugs (such as narcotics, alcohol, etc.)
  • 'Illah (Effective Cause): Both al-Khamr (intoxicants) and drugs cause intoxication, impairing judgment, behavior, and reasoning. The fundamental issue with both is their capacity to alter the mind and lead to harmful consequences, including addiction, disobedience, and social harm.
  • Hukm al-Asl (Ruling): Since al-Khamr (intoxicants) are prohibited due to their intoxicating effect, by analogy, drugs are also prohibited because they have the same underlying illah—the ability to intoxicate and cause harm to individuals and society.

Qiyas Khafi (Hidden Analogy)

The 'illah is implicit, or differed upon, where Illah (effective cause) cannot be found with ease and jurist has to ponder much over it. Uncovering the 'illah in this type of qiyas requires more intellectual effort, reasoning, and interpretation (ijtihad) on the part of the jurists. Ulama do not agree about this Qiyas and its effective cause. It is also called Qiyas al-Dhanni (uncertain analogy)

In qiyas khafi, scholars need to analyze the texts, consider the context and objectives of the rulings, and use their reasoning faculties to identify the most likely 'illah behind a particular ruling. For example:

  • Asl (Known Case): Allah says: "O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al-Ansâb1, and Al-Azlâm (arrows for seeking luck or decision) are an abomination of Shaitan’s (Satan) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful" (Quran 5:90)
  • Far` (New Case): A plant in Yemen called “Al-Qat.”
  • 'Illah (Effective Cause): Both al-Khamr (intoxicants) and Al-Qat cause some form of intoxication and mental alteration. They impair judgment, behavior, and can lead to harm, including addiction and social disruption. The key similarity is the ability to cause a state of intoxication and its harmful consequences.
  • Hukm al-Asl (Ruling): Since al-Khamr (intoxicants) are prohibited due to their intoxicating effect and harmful consequences, by analogy, Al-Qat is also prohibited because it has a similar effect of intoxication and causes harm, even though it is a plant rather than a fermented drink.

Qiyas vs Dalalat-un-Nass

In Qiyas, the illah (effective cause) is not mentioned in the Nass (Quran or Hadith). One has to use intellect or Ijtihad to find illah. 

In Dalalat-un-Nass, the illah (effective cause) is explicitly mentioned in the Nass (Quran or Hadith) as manifest according to Arabic language.

Some scholars say, Dalalat-un-Nass, comes under Qiyas, others say it doesn’t. 

Examples

Case 1: Tanned skin of dog is Haraam (Asl) 

  • Asl: Tanned skin of a dog is Haraam (impure and prohibited).
  • Far`: Tanned skin of a dead animal.
  • 'Illah: Both a dog and a dead animal are considered najis (impure). Therefore, the analogy suggests that just as the tanned skin of a dog is prohibited, the tanned skin of any dead animal should also be prohibited.
  • Hukm al-Asl: By analogy, the tanned skin of a dead animal should also be prohibited as both a dog and a dead animal are impure.

Is this correct qiyaas?

Answer:
This is incorrect Qiyas (analogy).

Reason:
The ruling on the tanned skin of a dog is a matter of difference of opinion (Mukhtalaf feeh) among scholars. While some scholars consider the tanned skin of a dog to still be impure and Haraam, others may argue that it becomes purified after tanning, based on certain interpretations of Islamic jurisprudence.

Since there is no unanimous agreement on the ruling of the dog’s tanned skin, this Qiyas cannot be applied straightforwardly to the tanned skin of a dead animal. The impurity of a dead animal is a separate issue, and its ruling does not necessarily align with the ruling on the dog’s tanned skin, given the differing scholarly views.

Case 2: Eating meat of donkey is Haraam (Asl)

  • Asl: Eating the meat of a donkey is Haraam (prohibited).
  • Far`: Eating the meat of a horse.
  • 'Illah: Both donkeys and horses are used for transport, so the analogy suggests that because the donkey’s meat is prohibited, the meat of the horse should also be prohibited.
  • Hukm al-Asl: By analogy, the meat of a horse should also be prohibited, as both donkeys and horses are used for transport.

Is this correct qiyaas?

Answer:
This is incorrect Qiyas (analogy).

Reason:
Qiyas cannot contradict a Hadith. In this case, there is a clear ruling from the Prophet Muhammad (peace and blessings of Allah be upon him) that specifically prohibits eating the meat of domestic donkeys (on the Day of Khaybar), but he allowed the consumption of horse meat. This is a direct Hadith (narrated by al-Bukhari, 3982; Muslim, 1941), and it takes precedence over any analogy.

The analogy fails because it disregards the explicit ruling in the Hadith. The prohibition of donkey meat is a specific commandment that cannot be generalized to horses based on the shared characteristic of being used for transport. The Prophet (peace be upon him) made a clear distinction, permitting horse meat while forbidding donkey meat.

Case 3: Ablution after eating camel meat (Asl) is obligatory

  • Asl: Ablution (Wudhoo) after eating camel meat is obligatory (as per Saheeh Muslim 360).
  • Far`: Ablution (Wudhoo) after eating horse meat.
  • 'Illah: The analogy suggests that because ablution is obligatory after eating camel meat, it should also be obligatory after eating horse meat, based on the shared characteristic of both being types of meat.
  • Hukm al-Asl: By analogy, ablution (Wudhoo) should also be obligatory after eating horse meat, as both camel and horse meat are types of meat.

Is this correct qiyaas?

Answer:
This is incorrect Qiyas (analogy).

Reason:
The 'Illah (effective cause) for the obligation of Wudhoo after eating horse meat is not clearly defined in the Islamic texts. While there is an established Hadith stating that ablution is required after eating camel meat, the underlying reason (illah) for this ruling is unknown or not explicitly detailed in the Hadith.

Without a clear 'Illah, it is incorrect to apply the same ruling to horse meat, as there is no established connection or reason to assume that the same rule applies to horse meat. Analogy can only be used when the underlying cause for the ruling is clear and applicable in both cases. Since we do not know the reason behind the ruling for camel meat, it cannot be extended to horse meat.

Case 4: It was not permissible for mother of believers to remarry (Asl) after the demise of Prophet ﷺ

  • Asl: It was not permissible for the Mothers of the Believers (the wives of Prophet ﷺ) to remarry after the demise of the Prophet ﷺ.
  • Far`: It is impermissible for any widow to remarry after her husband's death.
  • 'Illah: The analogy suggests that because the wives of the Prophet ﷺ were not allowed to remarry, it should also be impermissible for any widow to remarry, based on the shared characteristic of both being widows.
  • Hukm al-Asl: By analogy, it should be impermissible for any widow to remarry, as both the wives of the Prophet ﷺ and all widows share the condition of being widowed.

Is this correct qiyaas?

Answer:
This is incorrect Qiyas (analogy).

Reason:
The prohibition on the wives of the Prophet ﷺ remarrying after his death was a specific ruling for them alone. The 'Illah (effective cause) for this ruling was their unique status as the wives of the Prophet ﷺ, who held a special position in Islam, as stated in the Qur'an:

  • "And it is not (right) for you that you should annoy Allâh’s Messenger, nor that you should ever marry his wives after him (his death)" (Quran 33:53).

This ruling does not apply to other women, as it was meant to honor their status as the Mothers of the Believers and to safeguard the sanctity of the Prophet’s household.

For other widows, there is no such restriction, and they are permitted to remarry according to Islamic law, as long as the conditions of marriage are met. The analogy is therefore invalid because the ruling was specific to the wives of the Prophet ﷺ and cannot be applied to all widows.

Case 5: Cat is Taahir (pure)

  • Asl: The cat is Taahir (pure). The Prophet ﷺ said, "It (the cat) is not impure; it is only one of those that roam around among you." (At-Tirmidhi no. 92, Saheeh)
  • Far`: The donkey and the mouse are also Taahir (pure).
  • 'Illah: Both the cat, the donkey, and the mouse are animals that roam around among humans, which is the characteristic (illah) suggested in the analogy. The implication is that because the cat, which roams among people, is considered pure, animals like donkeys and mice, which also roam among people, should be pure as well.
  • Hukm al-Asl: By analogy, since the cat is considered pure, the donkey and mouse should also be pure, as they share the same characteristic of roaming among humans.

Is this correct qiyaas?

Answer:
This is a correct Qiyas (analogy).

Reason:
The 'Illah (effective cause) for considering the cat as Taahir is clearly established in the Hadith: it is an animal that roams around among people and is not inherently impure. Since this reasoning is specifically stated, it can be extended to other animals that have the same characteristic of roaming around among humans.

In the case of the donkey and the mouse, these animals also roam among humans and are not inherently impure according to the principles derived from the Hadith. Therefore, by analogy, they too would be considered Taahir (pure), just like the cat.

Case 6: It is permissible for women to buy or sell things or engage in contracts or transactions.

  • Asl: It is permissible for women to buy or sell things, and engage in contracts or transactions.
  • Far`: It is permissible for a woman to marry someone without the consent of her Wali (guardian), as marriage is also a type of contract.
  • 'Illah: Both buying/selling and marriage are considered contracts, so by analogy, if women can engage in business transactions (contracts), they should also be able to marry without the need for a guardian, as marriage is similarly classified as a contract.
  • Hukm al-Asl: By analogy, if women are allowed to engage in contracts, then they should be allowed to marry without the need for a Wali, since marriage is also a contract.

Is this correct qiyaas?

Answer:
This is incorrect Qiyas (analogy).

Reason:
Qiyas cannot contradict a Hadith. In this case, there is a clear and explicit Hadith from the Prophet ﷺ that prohibits a woman from marrying without the consent of her Wali (guardian). The Prophet ﷺ said: "The marriage of a woman who marries without the consent of her guardian is Baatil (void)." (Sunan Abu Dawood no. 2083, Saheeh). He repeated this statement three times, emphasizing the prohibition.

This Hadith establishes a clear, binding ruling that cannot be overridden by analogy. Although both business transactions and marriage are contracts, the analogy is invalid because the specific ruling for marriage, as outlined in the Hadith, takes precedence over the general rule for contracts.

Conclusion

Qiyas helps jurists apply Shariah principles to new situations. While a secondary source, it must be used carefully and within the limits of Islam’s primary sources and objectives.

In the next post inshaAllah, we will look into detail on the different positions on qiyas, and scholarly debates on qiyas and more.