THE RELEVANCE OF QIYAS (ANALOGICAL DEDUCTION) AS A SOURCE OF ISLAMIC LAW IN

THE RELEVANCE OF QIYAS (ANALOGICAL DEDUCTION) AS A SOURCE OF ISLAMIC LAW IN  CONTEMPORARY TIME

CHAPTER ONE:

 INTRODUCTION

Islamic Jurisprodence has provided us with certain principles

recorgnized by the Qur’an and Sunnah to interpret the law in a changing society Qiyas in one of this principles it is based on this that this research will discuss the meaning, types, development, usage and importance of qiyas by consulting the Qur’an, Sunnah and work of the scholars both classical and contemporary on this source of law.

              1.1 GENERAL SURVEY ON SOURCES OF ISLAMIC LAW

The sources of Islamic Law (Shari’ah) comprise of (1) the Qur’an (2) Sunnah (Prophetic Tradition) (3) Ijma’ (Consensus of Opinion) (4) Qiyas (Analogical deduction (5) Istihsan (Equity in Islamic Law) (6) Masalih al-Mursalah (Consideration of public interest) (7) Sadd al-zara’i(Blocking the means) (8) Urf (Customs) (9) Fatwa Sahabi (The verdict of a companion) (10) Shar’u man-qablana (revealed laws preceding the laws before our generation) and (11) Istishab (Presumption of  continuity)⁽¹⁾.  The Muslim jurists unanimously agree that the Qur’an is a

permanent proof of the prophethood of the Prophet (Peace be upon him), the most authoritative guide for Muslims and the first source of Islamic Law. Some even go as far as saying that it is the sole source of Islamic Law, that all other sources are explanatory to it. Some even consider it to be the only source and no more. However, this idea is a misconception, which needs to be corrected. This chapter is an exposition of these sources.

1.1.1 The Qur’an

Qur’an is the Book containing the speech of God revealed to the Prophet Muhammad (PBUH.) through Angel Jibril in Arabic, and transmitted to us by continuous testimony or tawatur². The revelation of the Holy Qur’an began with Suratul Alaq (Qur’an 96 verses 1-5) where Allah said: “Read! In the name of your Lord who has created (all that exists). He has created man from a clot (a piece of thick coagulated blood). Read! And your Lord is the Most Generous. Who has taught (the writing) by the pen. He has taught man what he knew not”, and the revelation ended with the verse in Suratu Al-mai’dah (Qur’an 5 verse 3) where Allah said: “I have perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion”. But some are of the opinion that the last verse revealed is in suratu-alBaqarah. ³ Q2:281. “And be afraid of the day when you shall be brought back to Allah. Then every person shall be paid what he earned, and shall not be dealt with unjustly”. The two opinions are saying the same thing, because the last verse revealed on legislation is the former, while the one revealed, as the last is the latter.

THE RELEVANCE OF QIYAS (ANALOGICAL DEDUCTION) AS A SOURCE OF ISLAMIC LAW IN  CONTEMPORARY TIME