The extension of a syariah ruling from the

original case(aslu), to a new case,

because the latter has the same effective
cause as the former.
Qiyas can only be applied if the solution of
new case cannot be found in the Al Quran,
Sunnah or Ijma.

Al Quran (Surah an Nisa :59)
should you dispute over something, refer it to
God and to the Messenger, if you do believe in
God..

Al Quran (Surah an Nisa : 105)
We hv sent you the Book with the Truth so
that you may judge among people by means of
what God has shown you.

Al Quran (Surah al Hashar : 2)
Consider, O you possessors of eyes

Sunnah/Hadeeth :

Qiyas is a form of Ijtihad.
Hadeeth of Muaz bin Jabal. It is reported that the Prophet asked
Muaz upon the latters departure as judge to Yemen questions in
whose answer Muaz told the Prophet that he will resort to his own
ijtihad in the event he failed to find guidance in the AQ and Sunnah,
and the Prophet was pleased with his reply.

Sunnah/Hadeeth :
On one occasion, a woman called Khathamiyyah came to the Prophet
and said that her father had died without performing the hajj. Will it
benefit him if she performed the hajj on her fathers behalf? The
Prophet told her:supposing your father had a debt to pay and you paid
it on his behalf, would this benefit him. To this her reply was in the
affirmative and the Prophet said, The debt owed to God merits even
greater consideration.

Sunnah/Hadeeth :
Umar Al Khattab asked the Prophet whether kissing vitiates the fast
during Ramadhan. The Prophet asked him in return:What if you gargle
with water while fasting.Umar replied that this did not matter. The
Prophet then told that the answer to your first question is the same.

Ijma :
The 1
st
Caliph (Saidina Abu Bakar) drew an
analogy between the father and grand father in
respect of their entitlements in inheritance.
Similarly, Umar al Khattab is on record to hv
ordered Abu Musa Al Ashari to ascertain the
similitudes for purposes of analogy.

Ijma :
When the Companions held a council to
determine the punishment of wine-drinking, Ali
b Abu Talib suggested that the penalty of false
accusation should be applied to the wine-
drinker, and he reasoned, by way of analogy,
When a person gets drunk, he raves and when
he raves, he accuses falsely.

Original case (Asl/Aslu)
New Case (Faru)
Effective Cause (Illah)
Rule (Hukm)

Qiyas is applied to the injunction against drinking
wine to create an injunction against cocaine use.

E.g : Surah Al Maidah : 90 explicitly forbids wine
drinking. If this prohibition is to be extended by
analogy to cocaine use, the 4 pillars of analogy in
this example would be :

Asl Faru illah hukm
Wine taking intoxicating prohibited
Drinking cocaine effect (haram)

The Shafii jurists have divided qiyas into 3 types :

1. Analogy of superior (Qiyas al awla):
The effective cause in this qiyas is more evident in the new
case than the original case.
Eg : (Surah Al Isra : 23)- provides regarding the parents
say not to them uff (i.e. single word of contempt) nor repel
them them but address them in dignified terms.
By analogy it may be deduced that the prohibtion of lashing or
beating them is even obvious than a verbal abuse. Similarly,
the penance (kaffarah) or erroneous killing is, by way of
analogy, applicable the intentional killing as the transgression
which invokes the kaffarah is even more evident in the latter.


2. Analogy of Equals (Qiyas al musawi) :
The illah is this type of qiyas is equally effective in both the new and
the original cases, and so is the ruling which is deduced by analogy.
Eg : (Surah An Nisa ; 2)
forbids devouring the property of the orphans. By analogy, it is
concluded that all other forms of destruction & mismanagement
which leads to the loss of such property are equally forbidden.
Eg : (Hadeeth ) : a container which is licked by a dog must be
washed 7 times. The same ruling has been extended by analogy to a
container which is licked by a swine.

3. Analogy of Inferior (Qiyas la-adna) :
The effective cause in this form of qiyas is less clearly effective in the
new case than the original case. Hence it is not quite so obvious
whether the new case falls under the same ruling which applies to
the original case.
Eg : the rules of riba prohibit exchange of wheat & of other specified
commodities unless the 2 amounts are equal & delivery is
immediate. By analogy this rule is extended to apples since both
wheats & apples are edible & measurable, but illah of this qiyas is
weaker in regards to apples which, unlike wheats, are not a staple
food.

Qiyas has been further divided into 2 types
:

1. Obvious analogy (Qiyas jalli) :
The equation between the asl and faru is
obvious and the discrepancy between
them is removed by clear evidence.

2. Hidden analogy (Qiyas khafi) :
The removal of discrepancy between the
asl and the faru is by means of a
probability (zann).