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samsoum1990
(@samsoum1990)
Member

Salām I would like to know is Malik saying dogs are pure and one need not make wudhū for every Salāh when having urinary incontinence considered qiyās? He and his students used Qur'ān to defend their claims about the mentioned topics.

 

What is qiyās as the term seems broad and perhaps reason using the Qur'ān and Sunnah gets mixed with personal reason.

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Posted : 27/09/2020 2:50 am
qalbi1435
(@qalbi1435)
Still heart . . .

Will try and get back to you with this later today, in shaa' Allah...

"[I fight] only for something deep in my heart . . .", — Captain Harlock.

Maktabat Madrasat Al-Qur'an Wal-Hadith Li Dirasat Al-Qur'an Wal-Hadith Wal-'Amal Bihima. (Established in my heart: Rajab 9, 1435.)

https://schoolofhadith.blogspot.com

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Posted : 27/09/2020 2:43 pm
samsoum1990
(@samsoum1990)
Member

jazākum ALLĀHu Khayr

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Posted : 27/09/2020 4:21 pm
qalbi1435
(@qalbi1435)
Still heart . . .
Posted by: @samsoum1990

jazākum ALLĀHu Khayr

Wa jazak...

1 - I don't know anything about Malik's/Maliki views on the topics you mentioned. I know there is a good video on YouTube by Sa'id Kamali about it...

2 - The standard definition of Qiyas is:

- Assigning the ruling of the Asl to the Far', on the basis of a shared 'Illah between them.

- The Asl/origin is that issue whose ruling is mentioned by the Texts of the Qur'an and Hadith

- The Far'/branch is that issue whose ruling (according to this framework/understanding of the Shari'ah) the Texts have not mentioned

- The 'Illah is that reason mentioned[1] in the Texts for which the Asl was given its ruling

- Therefore, according to this framework and understanding of the Shari'ah: When this very 'Illah is also found in the Far', it is therefore given the same ruling as the Asl

- As such, Qiyas is comprised of four components: The Asl, the Far', the shared 'Illah, and the ruling

3 - However, if you go back to the earliest generations, starting from the first, up until at least Al-Shafi'i, you might find that "Qiyas" is used in a more broader sense. Concerning Al-Shafi'i, the author of the book: Tamkin Al-Bahith mentions interesting things about this...

([1] I say "mentioned", but it is probably more accurate to say "known". This is because Qiyas is either apparent or non-apparent, with regards to its 'Illah. In the former case, it is a certain case that there is no difference between the Asl and Far'. Or: The 'Illah for the ruling given to the Asl, is explicitly stated. In the latter, this is less so the case: The 'Illah, here, is understood to be what it is, because there is no explicitly stated mention of it, and/or it is not a certain case that there is no difference between the Asl and Far'.)

Wallahu a'lam...

"[I fight] only for something deep in my heart . . .", — Captain Harlock.

Maktabat Madrasat Al-Qur'an Wal-Hadith Li Dirasat Al-Qur'an Wal-Hadith Wal-'Amal Bihima. (Established in my heart: Rajab 9, 1435.)

https://schoolofhadith.blogspot.com

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Posted : 27/09/2020 5:30 pm
qalbi1435
(@qalbi1435)
Still heart . . .

To reiterate:

The above is Qiyas as understood according to the specific framework in which Qiyas can even exist. In Dhahiri method and thought, this is not the case. As such, a number of Qiyas' underlying premises do not hold to begin with...

"[I fight] only for something deep in my heart . . .", — Captain Harlock.

Maktabat Madrasat Al-Qur'an Wal-Hadith Li Dirasat Al-Qur'an Wal-Hadith Wal-'Amal Bihima. (Established in my heart: Rajab 9, 1435.)

https://schoolofhadith.blogspot.com

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Posted : 27/09/2020 5:38 pm
samsoum1990
(@samsoum1990)
Member

I see. Some issues have grand explanations without any nass though. No mention of anything regarding the fatāwā in Qur'ān or Sunnah but one can use the Qur'ān to defend the fatāwā. 

 

It seems "bad" qīyās is assuming something is because another thing is. Like Abu 'Hanīfah's saying that since the Sa'hābah used stones for istijmār and thus did not totally eliminate all traces of filth, and the size of a person's back exit is about the size of a dirham, one may pray with a less than a dirham of filth on himself. I see that as the qīyās which is invalid.

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Posted : 27/09/2020 10:04 pm
samsoum1990
(@samsoum1990)
Member

That is opposed to Mālik saying dogs and all animals are pure and using Qur'ān and Sunnah to defend his point. 

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Posted : 27/09/2020 10:06 pm
samsoum1990
(@samsoum1990)
Member

Also they make qīyās about certain dead humans and animals being impure due to them being dead I think because ALLĀH forbade eating carrion but this is invalid because that does not deem them impure. Mere assumption is forbidden. This is why I am against qīyās. I have no issue with reasoning using Qur'ān and Sunnah just as Ibn 'Hazm did. I have an issue with assumptions. 

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Posted : 27/09/2020 11:46 pm
qalbi1435
(@qalbi1435)
Still heart . . .

1 - The four Mathahib agree on the legitimacy of Qiyas. As far as I understand, any invalid Qiyas, according to them, would be a Qiyas that is used when there is already a Text that mentions the ruling of a specific issue by name. Because for Qiyas to be valid, the Far' must exist. If there is already a stated ruling for the issue, it is no longer a Far' (but an Asl). They may also disagree on the perceived 'Illah, and denounce a Qiyas as invalid on that basis. Wallahu a'lam.

2 - For the Dhahiriyyah, and those who agree with them, Qiyas is invalid on the basis of:

- Transferring a matter from its Asl to another ruling, by means of speculative reasoning, as opposed to doing so because a Burhan (clear, certain proof: Either Textual, intellectual, or sensory) makes doing so necessary.

- If there is no Text from the Qur'an or correctly-transmitted Sunnah that mentions an issue's ruling by name, then there is certainly one that mentions its ruling by meaning: If it is a matter of worship, then the Texts that prove acts of worship are, in principle, forbidden to perform; if it is a worldly-matter, then the Texts that affirm its principle ruling as allowed.

3 - For any of the issues you mentioned, if you can identify the four components that comprise Qiyas mentioned in an earlier response of mine, then you will have your answer as regards to whether or not any supposed Qiyas used to identify the rulings of the issues you bring up are invalid...

Wallahu a'lam...

"[I fight] only for something deep in my heart . . .", — Captain Harlock.

Maktabat Madrasat Al-Qur'an Wal-Hadith Li Dirasat Al-Qur'an Wal-Hadith Wal-'Amal Bihima. (Established in my heart: Rajab 9, 1435.)

https://schoolofhadith.blogspot.com

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Posted : 28/09/2020 5:41 am
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