Islamiyat · May / June 2025 · Paper 21 · Question 2

Write about the rules of analogy (qiyas) to show how it is used in law making. Give two examples of its use by Muslims today.

Use AO1 Levels of Response.

Analogy (qiyas) is the fourth and final source of Islamic law making. Qiyas involves comparing one thing with another that is similar to it, and in sharia is the legal method to apply laws laid out in the Qur’an and Hadiths. In its practice three elements are necessary:

By relating these together Muslims arrive at the new judgment hukm. Qur’an and Hadith both justify the use of qiyas:

Surah Al Jum’a 62:9 prohibits all sorts of trading from the time of the azaan on Jum’a till its completion. By applying qiyas all kinds of transactions are prohibited e.g., sales, getting married, holding meetings etc.

Another example can be taken from the following Hadith: ‘Every intoxicant is khamr, so every intoxicant is haram.’ Based on this Hadith, it could be said that all drugs like marijuana, cocaine etc. are forbidden as they cause intoxication.

The Prophet (pbuh) encouraged the use of qiyas, and candidates can give an account of the Prophet’s (pbuh) conversation with Mu’adh ibn Jabal in which the Prophet (pbuh) encouraged and gave permission to Mu’adh to practice qiyas.

Examples of qiyas can bring out the benefits of its use in present day, showing Islam to be a progressive religion.

Why in your opinion are some Muslims reluctant to use qiyas to find solutions for everyday problems?

Use AO2 Levels of Response.

For answering this question candidates need to show their understanding of why some Muslims, e.g., Shi’a Muslims, hesitate to use qiyas.

It could be said that as its practice requires sound knowledge of Qur’an and sharia, and the ability to apply that knowledge accurately to different situations, it is felt that it should be avoided to safeguard against any unlawful outcome.

Also, it involves a lot of personal judgment coupled with sound knowledge of sharia by the person conducting qiyas, hence some Muslims are hesitant to use it.

All valid answers to be credited.