Anonymous user
Qiyas: Difference between revisions
no edit summary
imported>Kadeh No edit summary |
imported>Kadeh No edit summary |
||
| Line 16: | Line 16: | ||
==Varieties of Qiyas== | ==Varieties of Qiyas== | ||
There are different types of qiyas the best known of which are as follows: | There are different types of qiyas the best known of which are as follows: | ||
s parents. Thus, a fortiori it will be forbidden to hit | * Qiyas mansus al-'illa (qiyas with explicitly mentioned cause): it refers to a qiyas where the ruling of the analogatum involves reference to its cause as well. For example, if there is a [[hadith]] that forbids drinking the grape [[wine]] because it is intoxicating, it will turn out that the cause or the ground of its prohibition is its intoxication. This will imply that everything that intoxicates is [[Haram|forbidden]]. Such a qiyas is also known as "jali" (obvious) or "musarrah al-'illa" (with explicitly mentioned cause). | ||
* Qiyas mustanbat al-'illa (qiyas with inferred cause): in this type of qiyas, the cause or ground of the ruling of the analogatum is not explicitly mentioned, but the [[faqih|jurist]] makes guesses about its cause. This is also known as "khafi" (hidden). | |||
* Qiyas al-awlawiyya (a fortiori qiyas): in this type of qiyas, the cause or ground of the ruling of the analogatum much more strongly holds in the analogans, thus if the ruling in the analogatum is prohibition, then the analogans will a fortiori be prohibited, and if the ruling of the analogatum is an [[wajib|obligation]], then the analogans will a fortiori be obligatory. For example, there is a verse in the [[Qur'an]] according to which one should not say "uff" ("Fie", an expression of frustration) to one's parents. Thus, a fortiori it will be forbidden to hit one's parents, because hitting them is worse than saying a word of contempt. | |||
* Tanqih al-manat (isolation of the criterion): this is a type of qiyas in which the criterion of the ruling is uncovered by examining the features of its subject-matter and identifying the relevant features. Then, the ruling is generalized to any subject-matter that has the same relevant features. According to some people, the isolation of the criterion is not a type of qiyas. | * Tanqih al-manat (isolation of the criterion): this is a type of qiyas in which the criterion of the ruling is uncovered by examining the features of its subject-matter and identifying the relevant features. Then, the ruling is generalized to any subject-matter that has the same relevant features. According to some people, the isolation of the criterion is not a type of qiyas. | ||
==Views of Islamic Sects== | ==Views of Islamic Sects== | ||
The problem of qiyas is a controversial issue over which Shiite and Sunni scholars have disagreed. According to Shiite scholars, qiyas is not valid because of many hadiths from the [[Imams (a)]] in which qiyas is prohibited. For example, there is a hadith from [[Imam 'Ali (a)]] cited in ''[[Tuhaf al-'uqul]]'': "do not make qiyas (analogy) in the [[religion]], because the religion cannot be measured by qiyas". There is also a hadith from [[Imam al-Sadiq (a)]] according to which if qiyas is made in the religion, then the religion will be wiped out. But Sunni scholars maintain that qiyas is valid. The first person who made an extensive use of qiyas in [[fiqh]] was [[Abu Hanifa]]. However, it is said that the use of qiyas had precedents prior to Abu Hanifa. For example, the [[Abu Bakr b. Abi Quhafa|first]], the [['Umar b. Khattab|second]], and the [['Uthman b. 'Affan|third]] [[caliphs]] employed qiyas in issues on which there was no explicit ruling. | The problem of qiyas is a controversial issue over which [[Shiite]] and [[Sunni]] scholars have disagreed. According to Shiite scholars, qiyas is not valid because of many hadiths from the [[Imams (a)]] in which qiyas is prohibited. For example, there is a hadith from [[Imam 'Ali (a)]] cited in ''[[Tuhaf al-'uqul]]'': "do not make qiyas (analogy) in the [[religion]], because the religion cannot be measured by qiyas". There is also a hadith from [[Imam al-Sadiq (a)]] according to which if qiyas is made in the religion, then the religion will be wiped out. But Sunni scholars maintain that qiyas is valid. The first person who made an extensive use of qiyas in [[fiqh]] was [[Abu Hanifa]]. However, it is said that the use of qiyas had precedents prior to Abu Hanifa. For example, the [[Abu Bakr b. Abi Quhafa|first]], the [['Umar b. Khattab|second]], and the [['Uthman b. 'Affan|third]] [[caliphs]] employed qiyas in issues on which there was no explicit ruling. | ||
Given that there are different types of qiyas, it should be noted that the main controversial issue here is the qiyas with inferred cause which is totally speculative. The majority of Shiite jurists take the a fortiori qiyas, qiyas with explicitly mentioned cause, and the isolation of the criterion to be valid. | Given that there are different types of qiyas, it should be noted that the main controversial issue here is the qiyas with inferred cause which is totally speculative. The majority of Shiite jurists take the a fortiori qiyas, qiyas with explicitly mentioned cause, and the isolation of the criterion to be valid. | ||