Qiyaas and Ijmah

Discussion in 'Usul al-Fiqh' started by ghulam e Ghaus, Oct 16, 2011.

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  1. Qiyas is the last source of Islamic law according the four Imams of fiqh. there is a difference of opinion whether analogical deduction/qiyas was employed in the times of Hazrat Abu bakr(r) though it can be argued but for the salafi wahabi deniar of qiyas, we can demonstrate from their beloved ibn qayyam al-jauziyya (d. 751 AH). who is one of their Imams along with ibn taymiyya, etc.

    in i'laam al-muqi'een by ibn qayyam al-jauziyya we have a letter of hazrat umar ibn khattab written to hazrat abu musa al-ashari. between 14-17 AH Basra city was built and settled. from 17-21 AH Abu musa al-ashari, a sahabi, was appointed as a governor of the city and later in 22-29 AH he was a governor of the city.

    During this time and prior to Hazrat Umar's shahadat in 24 AH; letters of instruction were sent to Abu Musa al-Ashari by the second Caliph. in one of these letters, Hazrat Umar ibn khattab instructs abu musa to use qiyas for a judgement in the absence of clear instructions from Quran and Sunnah. the letter is in many books such as al-muwatta of imam malik (d. 179), kitab al-khiraj by qadi abu yusuf (d. 182), imam abd al-razzaq(d. 201) in his musannaf and many others have reported it with slightly different words. Here I quote from Ibn qayyam al-Jauziyya (d. 751) the relevant part:
    أما بعد ، فإن القضاء فريضة محكمة ، وسنة متبعة ، فافهم إذا أدلى إلي............. ثم الفهم الفهم فيما أدلى إليك مما ورد عليك مما ليس في قرآن ولا سنة ، ثم قايس الأمور عند ذلك واعرف الأمثال ، ثم اعمد فيما ترى إلى أحبها إلى الله وأشبهها بالحق ......... والسلام عليك ورحمة الله

    " Understand that judiciary is an important duty which must be executed according to the sunnah.....if you are in doubt about an issue which you do not find in Qur'an and Sunnah then think deeply about it and look at its precedents and examples and after that use QIYAS that which is closest to the Book of God and Sunnah of the Prophet(s) and then pass a judgement in light of that....salaam and mercy of Allah be upon you".

    so here we have explicitly the usage of Qiyas in Islamic Law as ordered by Hazrat Umar Ibn Khattab(r) the rightly guided caliph.

    it is only wahabi-salafis and shia that deny the Qiyas.

    link to the letter from ibn Qayyam al-jauziyya's i'lam al-muqieen: http://www.islamweb.net/newlibrary/display_book.php?flag=1&bk_no=34&ID=31
    Last edited by a moderator: Oct 16, 2011
  2. Harisa

    Harisa Guest

  3. chisti-raza

    chisti-raza Veteran

    Mufti Ahmad Yaar's (Alaihi Rahmah) Jaa'al Haqq has something on it if I remember correctly. Check your PM, I've sent you something.
  4. SA01

    SA01 Veteran

    Bro AH......I have told him it's futile to discuss further anyway, but just for my personal benefit, is there anything (short PDF may be) you could provide for reference of Qiyaas/Ijmah please.

  5. abu Hasan

    abu Hasan Administrator

    don't argue with him.
    Nur al Anwar likes this.
  6. SA01

    SA01 Veteran

    Could someone please provide me a good article on the principles of Qiyaas and Ijmah.

    A khwariji is resorting to his final loose thread that he accepts Quran and Sunnah but that Qiyaas and Ijmah hold no basis in Islam, stating the following verses as his defence:

    'al iraf:183 that is clear that allah,s group is 1 and in hadees that is clear that 1 is true in 73 so the holy prophet صلى الله عليه وسلم and allah deined that mejority is true only the thing quran and sunnah is true' ???

    Any advice is appreciated.


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