Qiyas

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Qiyas

In Sunni Islamic jurisprudence, qiyas (Arabic قياس) is the process of analogical reasoning from a known injunction (nass) to a new injunction. According to this method, the ruling of the Quran and sunnah may be extended to a new problem provided that the precedent (asl) and the new problem (far) share the same operative or effective cause (illah). The illah is the specific set of circumstances that trigger a certain law into action. Both Sunni Islam and Shi'a Islam share Qur'anic interpretation, the Sunnah, and Ijma' (consensus) as sources of Islamic law, although the two sects differ significantly with regards to the manner in which they use these sources. The sects also differ on the fourth source. Sunni Islam uses qiyas as the fourth source, whereas Shi'a Islam uses 'aql (intellect). Other methods of deducing the law, such as mafhm al-nass (the clear implication of the text), tamthil (similarity or likeness), istihsan (juristic preference), or istislah (consideration of public interest), either explicitly rely on qiyas or use methods of analysis that are similar in their approach to qiyas.
 



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10/19/2008


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