Islamiyat · May / June 2024 · Paper 22 · Question 2

Describe analogy (qiyas) and how it is used in the making of Islamic Law. Give one example to support your answer.

Mark according to the marking grid for AO1 – Knowledge, given on page 4.

Answers may include some of the following ideas, but all valid material must be credited.

Analogical reasoning or qiyas is the fourth source of Islamic law-making. Its authority is supported indirectly by the Qur’an and specifically by the Hadith. Qiyas means comparing one thing with another that is similar to it and in sharia it is the legal method to apply laws laid out in the Qur’an and Hadith as well as ijma to new issues based on common sense and reasoning. Candidates could give examples from Qur’an or Sunna to support the use of qiyas and may quote the conversation between the Prophet (pbuh) and Mu’adh ibn Jabal to develop their answer.

Three elements used in the practice of qiyas are:

By relating these together, it is possible to arrive at a new judgment, the hukm. This can be done by showing how a decision is arrived at using qiyas based upon a law taken from the previous three sources e.g.:

The Prophet (pbuh) said: ‘Every intoxicant is khamr (wine) and every intoxicant is forbidden.’ (Abu Daud)

Asl: The Hadith prohibiting khamr.

Far’: The use of intoxicants other than khamr also prohibited in Islam. ‘Illa: They, like khamr, contain the properties of being intoxicants.

Hukm: Therefore, the use of every substance that causes intoxication is banned in Islam.

It is important that the asl must always be from the Qur’an or the Hadith of the Prophet (pbuh) or by ijm’a. One example is asked for in the question and it can be in conjunction with the Qur’an, Hadith or ijma.

An example of qiyas that could be given might be that the Qur’an forbids all sorts of trading after the call to prayer on Friday till the completion of the Friday prayers (asl). By analogy, all kinds of transactions (far’) e.g., sales, holding meetings, getting married etc. are forbidden (hukm). As they distract Muslims from Friday prayers (illa).

Give reasons why some Muslims might be reluctant to use analogy (qiyas) to solve present day issues.

Mark according to the marking grid for AO2 – Understanding, given on page 5.

Answers may include some of the following ideas, but all valid material must be credited.

Candidates could say that some Muslims might feel reluctant with the use of qiyas in solving present day issues because an element of personal judgment comes into it which they feel may not be reliable.

Candidates could also say that it depends very much on the ability of a legal expert to find comparisons between two principles and because it is practised by individuals it makes some Muslims uneasy as it is not supported by revelation or communal agreement. For example, Shi’a Muslims may feel that it relies on the opinion of one individual which can be subjective and hence are reluctant to use it.