What is the ruling on qiyas (analogical reasoning) in the Islamic Shari'ah?
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Question : How do we use qiyas, and Allah the Exalted says: [Maryam 19:64].
Answer : Yes, we say yes. This verse, and the fact that your Lord is not forgetful, indicates that qiyas is valid, because Allah the Exalted said:[Ash-Shuraa 42:17]. Thus, He the Exalted indicated by His saying "and the balance" to qiyas without a doubt. This is part of the completeness of Allah the Mighty and Majestic's explanation to His servants. And Allah the Exalted says: [An-Nisa 4:26] and He says: [An-Nisa 4:176]. The evidence for qiyas is established in the Book, the Sunnah, and also the intellect.
As for the Book, as you heard, its indication is clear. As for the Sunnah, it is abundant. The Prophet (peace and blessings be upon him) said, in response to a woman who asked him if she could make up for her mother's vow that her mother had made:Sunan Abi Dawud 3310Sahih (Al-Albani). And he said to the man who complained about his wife: "My wife gave birth to a black boy, and I and my wife are white." So the Prophet (peace and blessings be upon him) said to him: Sunan an-Nasa'i 3479Sahih (Darussalam)
This is a clear and established qiyas. As for the intellect, we know that the Shari'ah came from a Wise and Knowing One, and that the intellect cannot distinguish between two identical things, just as it cannot combine two different things. It cannot make the ruling of two things that are equal in every respect different, just as it cannot make the ruling of two different things the same. So the Book, the Sunnah, and the intellect all indicate that qiyas is evidence.
And never is your Lord forgetful -
وَمَا كَانَ رَبُّكَ نَسِيًّاAnswer : Yes, we say yes. This verse, and the fact that your Lord is not forgetful, indicates that qiyas is valid, because Allah the Exalted said:
It is Allah who has sent down the Book in truth and [also] the balance
اللَّهُ الَّذِي أَنزَلَ الْكِتَابَ بِالْحَقِّ وَالْمِيزَانَAllah wants to make clear to you [the lawful from the unlawful] and guide you to the [good] practices of those before you
يُرِيدُ اللَّهُ لِيُبَيِّنَ لَكُمْ وَيَهْدِيَكُمْ سُنَنَ الَّذِينَ مِن قَبْلِكُمْAllah makes clear to you [His law], lest you go astray. And Allah is Knowing of all things.
يُبَيِّنُ اللَّهُ لَكُمْ أَن تَضِلُّوا وَاللَّهُ بِكُلِّ شَيْءٍ عَلِيمٌAs for the Book, as you heard, its indication is clear. As for the Sunnah, it is abundant. The Prophet (peace and blessings be upon him) said, in response to a woman who asked him if she could make up for her mother's vow that her mother had made:
Suppose some debt was due from your mother, would you pay it ? She replied: Yes. He said: So the debt due to Allah is the one which most deserves to be paid.
أرأيت لو كان على أمك دين أكنت قاضيته؟ قالت نعم، قال قل الله فالله أحق بالوفاءDo you have camels?' He said: 'Yes.' He said: 'What color are they?' He said: 'Red.' He said: 'Are there any gray ones among them?'
هل لك من إبل؟ قال نعم، قال ما ألوانها؟ قال حمر، قال هل فيها من أورق؟He said, "Yes." "Where did that come from?" He said, "Perhaps it was inherited from a vein." So the Prophet (peace and blessings be upon him) said, "Perhaps your son inherited it from a vein."
قال نعم، قال من أين أتاها ذلك؟ قال لعله نزعه عرق، فقال النبي صلى الله عليه وسلم فلعل ابنك هذا نزعه عرق،
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[23 من 30] ما حكم القياس في الشريعة الإسلامية؟!! الشيخ ابن عثيمين - مشروع كبار العلماء — youtube.com
The Arabic text is a machine transcription of the audio recording.
