9.7. PROOF (HUJJIYYAH) OF QIYAS
Notwithstanding the absence of a clear authority for qiyas in the Qur’an, the ulema of the four Sunni schools and the Zaydi Shi’ah have validated qiyas and have quoted several Qur’anic passages in support of their views. Thus, a reference is made to sura al-Nisa’ (4:59) which reads, in an address to the believers: `should you dispute over something, refer it to God and to the Messenger, if you do believe in God’. The proponents of qiyas have reasoned that a dispute can only be referred to God and to the Prophet by following the signs and indications that we find in the Qur’an and Sunnah. One way of achieving this is to identify the rationale of the ahkam and apply them to disputed matters, and this is precisely what qiyas is all about. The same line of reasoning has been advanced with regard to a text in sura al-Nisa’ (4:105) which proclaims: `We have sent to you the Book with the Truth so that you may judge among people by means of what God has shown you.’ A judgment may thus be based on the guidance that God has clearly given or on that which bears close similarity to it. The Quran often indicates the rationale of its laws either explicitly or by reference to its objectives. The rationale of retaliation, for example, is to protect life, and this is clearly stated in the text (al-Baqarah. 2:79). Likewise, the rationale of zakah is to prevent the concentration of wealth in a few hands, which is clearly stated in the Qur’an (al-Hashr, 59:7). Elsewhere in the Qur’an, we read in a reference to the permissibility of tayammum (ablution with sand in the absence of water) that `God does not intend to impose hardship on you’ (al-Ma’idah, 5:6).
In all these instances, the Qur’an provides clear indications which call for recourse to qiyas. In the absence of a clear ruling in the text, qiyas must still be utilised as a means of achieving the general objectives of the Lawgiver. It is thus concluded that the indication of causes and objectives, similarities and contrasts, would be meaningless if they were not observed and followed as a guide for conduct in the determination of the ahkam.
The proponents of qiyas have further quoted, in support of their views, a verse in sura al-Hashr (59:2) which enjoins: `Consider, O you possessors of eyes!’ ‘Consideration’ in this context means attention to similarities and comparison between similar things. Two other ayat which are variously quoted by the ulema occur in sura al-Nazi`at, that `there is a lesson in this for one who fears’ (79:26); and in Al-Imran (3:13) which provides: ‘in their narratives there was a lesson for those who possessed vision’.
There are two types of indication in the Sunnah to which the proponents of qiyas have referred:
1. Qiyas is a form of ijtihad, which is expressly validated in the Hadith of Mu`adh b. Jabal. It is reported that the Prophet asked Mu`adh upon the latter’s departure as judge to the Yemen, questions in answer to which Mu`adh told the Prophet that he would resort to his own ijtihad in the event that he failed to find guidance in the Qur’an and the Sunnah, and the Prophet was pleased with this reply. Since the Hadith does not specify any form of reasoning in particular, analogical reasoning falls within the meaning of this Hadith.
2. The Sunnah provides evidence that the Prophet resorted to analogical reasoning on occasions when he did not receive a revelation on a particular matter. On one such occasion, a woman known as al- Khath ‘amiyyah came to him and said that her father had died without performing the hajj. Would it benefit him if she performed the hajj on her father’s behalf? The Prophet asked 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.
It is also reported that Umar b. al-Khattab asked the Prophet whether kissing vitiates the fast during Ramadan. 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 him that `the answer to your first question is the same.
The Companions are said to have reached a consensus on the validity of qiyas. We find, for example, that the first Caliph, Abu Bakr, drew an analogy between father and grandfather in respect of their entitlements in inheritance. Similarly, `Umar ibn al-Khattab is on record as having ordered Abu Musa al-Ash’ari `to ascertain the similitudes for purposes of analogy’. Furthermore, the Companions pledged their fealty (bay`ah) to Abu Bakr on the strength of the analogy that `Umar drew between two forms of leadership: ‘Umar had asked the Companions, `Will you not be satisfied, as regards worldly affairs, with the man with whom the Prophet was satisfied as regards religious affairs?’ And they agreed with ‘Umar, notwithstanding the fact that the issue of succession was one of the utmost importance. Again when the companions held a council to determine the punishment of wine drinking, Ali b. Abi Talib suggested that the penalty of false accusation should be applied to the wine drinker, reasoning by way of analogy, when a person gets drunk, he raves and when he raves, he accuses falsely. It is thus concluded that qiyas are validated by the Quran, the Sunnah, and the ijma of the companions.
by M. H. Kamali.
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