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In Islamic jurisprudence, qiyās (Arabic قياس) is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction (nass) to a new circumstance and create a new injunction. Here the ruling of the Sunnah and the Qur'an may be used as a means to solve or provide a response to a new problem that may arise. This, however, is only the case providing that the set precedent or paradigm and the new problem that has come about will share operative causes (illah).[1] The illah is the specific set of circumstances that trigger a certain law into action.
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Both Sunni Islam and Shia Islam share Qur'anic interpretation (tafsīṛ), the pattern of Muhammad (sunnah), and scholarly consensus ijma as sources of Islamic law, although the two differ significantly with regards to the manner in which they use these sources.
Individual opinion (ra’y) and deductive analogy (qiyāṣ) play an important role in many Sunni legal traditions, forming the basis of much of Sunni jurisprudence. In addition to tafsīr, the sunnah, and ijmā’, Sunni traditions generally regard qiyas as the fourth source of deducing the law. Other methods of deriving legal judgments such as mafhm al-nass (the clear implication of the text), tamthil (similarity or likeness), istihsan (juristic preference), or istislah (consideration of public interest), either explicitly rely on qiyas or use methods of analysis that are similar in their understanding of qiyas. However among Sunni traditions, there is a range of attitudes regarding the validity of these methods. The Sunni Hanbalis for example, rejected qiyāṣ outright, arguing that to rely on personal opinion in law-making would mean that each individual would ultimately form their own subjective conclusions.
The famed Imam Malik ibn Anas, founder of Maliki one of the four extant Sunni schools of law, is noted to have been asked about binding divorce (al-batta). When Malik responded that it was the third expression of divorce, a disciple of his quickly reached for his tablet to make note of this ruling. Upon realizing what his disciple was doing, Malik asked him to stop, remarking that his opinion could change by before nightfall.[2]
Not unlike the Sunni Hanbalis, the Shi’a rejected subjective opinion ra’y completely on account of the multitude of perspectives that would arise from it. There are various instances in which the Qur'an disapproves of a divergence of beliefs such as the following: {{Quote|And obey Allah and His Messenger; and fall into no disputes, lest ye lose heart and your power depart; and be patient and persevering: For Allah is with those who patiently persevere:|Sura 8 (Al-Anfal), ayah 46[3]
Within the Twelver Shi’i legal tradition, the fourth source for deriving legal principles is not qiyās but rather the intellect ’’'Aql’’. Twelver Shi’a regard the ulama (scholars) as authorities in legal and religious matters during the Occultation (ghayba) of the Imamah Mahdi. Until the return of the hidden Imam, it is the responsibility of the ulāma’ to be his deputies and provide guidance on worldly matters. In modern interpretations of Twelver Shi’ism, the most revered and learned scholars are styled as references for emulation (marja taqlīd). In cases where the Marja Taqlīd have differing opinions, the Mahdi who is considered the highest in knowledge, must either become manifest and provide a ruling or correct view "must lie with both parties". This system of deriving legal principles effectively replaces both the Sunni notion of consensus (ijmā’) and deductive analogy (qiyāṣ)[4]
Accordingly, in the chapter on Knowledge of the Twelver collection of prophetic traditions, Kitab al-Kafi, one finds many traditions cited from the Imams that forbid the use of qiyās, for example:
The Imam (a.s.) said, "My father narrated from my great-great-great-great grandfather, the holy Prophet (s.a.) who said, ‘Those who act on the basis of analogy will face their destruction and lead others to their destruction. Those who give fatwas without the knowledge of the abrogating and the abrogated, the clear text and that which requires interpretation, they will face destruction and lead others to their destruction."[5]
Among the most notable Ismaili thinkers, Bu Ishaq Quhistani regarded the notion of subjective opinion (qiyās) as completely contradictory to the Islamic notion of tawhīd (unity) as it ultimately gave rise to a countless divergent conclusions, besides which those who exercised deductive analogy relied on little more than their imperfect individual intellects. According to Bu Ishaq, there must be a supreme intellect in every age, just as Muhammad was in his time. Without this, it would be impossible for any ordinary individual to attain knowledge of the Divine using mere speculation. The supreme intellect, he reasoned, could be none other than the Imam of the age.[6]
Bu Ishaq Quhistani referred to the Qur'anic tale of Adam and Eve to support his argument for the necessity of a perfect teacher who could provide spiritual edification (ta’līm) in place of what he felt were subjective whims and wayward personal opinions (ra’y). Commenting on the Qur'anic foundational narrative, Bu Ishaq explains that when God taught Adam the names of all things, Adam was commanded to teach the angels, as in sura 2 (Al-Baqara), ayah 33.[7] Spiritual instruction therefore had its root in the Qur'an itself, however Satan, in his arrogance, refused to bow down before Adam. Instead he protested, "I am better than him. You created me from fire and him from clay." Thus the first to use deductive analogy was none other than Satan himself, by reasoning and challenging the command of God to prostrate. It was for this reason that Satan was punished for eternity and fell from favor until the final day.[8] In Ismaili thought, therefore, the truth lay not in subjective opinion (ra’y) and analogy (qiyās), but rather in the teaching of the bearer of truth (muhiqq), that is, the Imam of the time. The supreme teacher therefore exists at all times for the imperfect human intellects to submit (taslīm) to, as is proclaimed in the divine dictate:
This day have I perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion.
Before the Middle Ages there was a logical debate among Islamic logicians, philosophers and theologians over whether the term qiyas refers to analogical reasoning, inductive reasoning or categorical syllogism. Some Islamic scholars argued that qiyas refers to inductive reasoning, which Ibn Hazm (994-1064) disagreed with, arguing that qiyas does not refer to inductive reasoning, but refers to categorical syllogism in a real sense and analogical reasoning in a metaphorical sense. On the other hand, al-Ghazali (1058–1111) (and in modern times, Abu Muhammad Asem al-Maqdisi) argued that qiyas refers to analogical reasoning in a real sense and categorical syllogism in a metaphorical sense. Other Islamic scholars at the time, however, argued that the term qiyas refers to both analogical reasoning and categorical syllogism in a real sense.[10]