Qiyas: Definition, Pillars, Propositions, Elements, Conditions and Their Division

Qiyas: Definition, Pillars, Propositions, Elements, Conditions and Their Distribution – What is meant by Qiyas? On this occasion About the knowledge.co.id will discuss it and of course other things that also cover it. Let's look at the discussion together in the article below to better understand it.

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Qiyas: Definition, Pillars, Propositions, Elements, Conditions and Their Division

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The definition of qiyas etymologically the word "qiyas" means "qadar" means to measure, compare something with the like. Hasby ash Sidieqy interprets qiyas in language, namely measuring and giving limits. According to the term ushul experts are: "connecting the law of one job to another, because the two jobs have the same reason that causes the law to be the same".

Qiyas according to the meaning of language is equalizing, comparing or measuring, equating something with another. The definition of Qiyas according to ushul fiqh scholars is to determine the law of an event or event that has no textual basis by comparing it to an event or other event that has been stipulated by law based on the text because there are similarities in 'illat between the two events or events That.

A different editorial was explained by Sulaiman Abdullah regarding the term conveyed by the ushul expert, namely: "qiyas is likening one event to another. law that is not determined by the law by the text, with legal events determined by the text that the legal provisions are the same as the law specified nash.

Qiyas in Arabic comes from the word "qasa, yaqisu, qaisan" which means to measure, equalize and measure. Etymologically, qiyas means measuring something with another or equating something with the like.

Qiyas also means, to compare or measure, such as equating person A with person B, because the two people have the same height, the same body shape, the same face and so on. Qiyas also means measuring, such as measuring land with a meter or other measuring devices. Similarly, comparing something with another by looking for similarities.

Meanwhile, according to the Ulama' ushul fiqh qiyas means establishing the law of an event or event that has no textual basis by comparing it to an event or other event that has been stipulated by law based on the text because there are illat similarities between the two events or events That.

So qiyas is the fourth mashodirul ahkam after the Al-Qur'an, As-Sunnah and ijma'. Namely the way of instituting a law by making an analogy between two things that have the same illat but one that does not yet have a legal provision in the text.

والسنة الكتاب من المتقدم خبر على الموافقة الدلائل طلب ما هو والقياس
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Qiyas is a method of thinking to find clues to the meaning that are in accordance with the news that already exists in the Qur'an and Sunnah.

As for how to operationalize this qiyas, that is starting with issuing the existing law in the case mentioned in the text, after that we examine the illat. Next, we will look for and examine the illat in cases not mentioned in the text, whether they are the same or not. If it is believed that the illat in the two cases is the same, then we use the legal provisions in both cases based on the illat conditions.

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Qiyas Elements

Regarding the nature of qiyas there are four elements (pillars) in each qiyas, namely:

• A container or thing that has been determined by law itself by law makers. This is called "maqis alaihi" or "ashal" or "musyabah bihi".
• A container or thing whose law has not been found clearly in the texts of syara. This is called "maqis" or "furu" or "deliberation".
• The law mentioned by the legislator (syari) on Ashal. Based on the similarity of ashal with furu, in its illat the mujtahids can set laws on furu. this is called ashal law.
  Law illat found in ashal and also seen by mujtahid in furu.

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Qiyas Law postulate

In terms of the acceptance of qiyas by Islamic scholars as the basis for sharia law, Muhammad Abu Zahrah divided into three groups, namely:

• • The jumhur group of scholars who make qiyas as the proposition of syara. They use qiyas in matters where there is no law in the texts of the Koran or Sunnah and in the ijma of the scholars. They use qiyas in moderation and do not exceed reasonable limits.
  • The group of Zahiriyah and Shi'a Imamiyah scholars absolutely reject the use of qiyas. Zahiriyah also rejects the discovery of illat for a law and does not consider it necessary to know the purpose of establishing a syara law.
  • Groups that use qiyas widely and easily. They also try to combine two things that are not visible in common between the two, sometimes giving higher power to qiyas, so that qiyas can limit the generality of some verses of the Koran or Sunnah.

The arguments put forward by the majority of scholars in accepting qiyas as the basis for syara' are:

• The Proof of the Koran

Allah SWT gives instructions for the use of qiyas by equating two things as contained in Yasin verses 78-79

Meaning: "And he made a parable for Us; and he forgot what happened; he said: “Who can give life to the bones, which have fallen to pieces?” Say: “He will give life to the Lord who first created him. and he is All-knowing of all creatures.”

• Sunnah proof

Hadith regarding the Prophet's conversation with uadz Ibn Jabal when he was sent to Yemen to become the ruler there.
The Prophet gave instructions to his companions regarding the use of qiyas by comparing two things, then made a decision on this comparison.

• Atsar Friends

The argumentation of the majority of scholars based on the atsar of companions in the use of qiyas is;

• • Umar ibn Khatab's letter to Abu Musa al-Asyari when he was sent as qadi in Yemen.
  • Many of the Prophet's companions determined their opinions based on qiyas. For example, a popular example is the agreement of friends to appoint Abu Bakr as caliph to replace the Prophet.

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Qiyas Terms

The conditions that must be fulfilled by the pillars of Qiyas are:

• Ashal (tree):

  • The existence of an ashal must come first from the branch (far'un);
  • Ashal already has a law that is determined by the texts.

• Far'un (Branch):

  • The existence of a branch may not come from Dapa ashal. For example, wudu is not valid when performed with tayammum because the qudlu command precedes tayammum;
  • the branch does not have its own legal provisions. If the nash comes for a branch, then the diqiyakan is cancelled;
  • The illat on the branch must be the same as the illat on the ashal;
  • The law stipulated for the branch must be the same as the original law.

• 'Illat (Point of equality/reason):

  • Illat must remain valid. When there is an illat, of course there is a law, and there is no law if there is no illat;
  • illat must have an effect on the law. This means that the law must be realized when there is an illat. For example
  • intoxicating illat makes liquor unlawful;
  • Illat must be bright and certain. For example traveling as an illat is permissible to recite prayers;
  • illat does not contradict nash. If illat results in a law that is contrary to the text, then the text takes precedence.

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Pillars of Qiyas

The following are the pillars of Qiyas:

• Qiyas a. Al-ashlu (tree)

Sources of law in the form of texts explaining the law, or the area where the source of law is. That is a matter of being a size or a similar place.

The fuqaha define al-ashlu as the object of qiyas, where a certain problem is alluded to him (al-maqis 'alaihi), and musyabbah bih (place of likeness), also interpreted as a principal, namely an event whose law has been determined based on nash.

Imam Al-Amidi in al-Mathbu' said that al-ashlu is something that is branched, which can be known (its law) itself. For example, the prohibition of cannabis as qiyâs from liquor is forbidden, because a basic form cannot be separated from it. and always needed. Thus, al-aslu is the object of qiyâs, where a certain problem is alluded to it.

• Al-far'u (branch)

Al-far'u is something that has no provisions in the text. Fara' which means branch, that is an event whose law has not been determined because there is no text that can be used as a basis. Fara' is also called maqis (which is measured) or musyabbah (which is compared) or mahmul (which is compared).

• Al-Law

Al- Hukum is the law that is used by Qiyas to extend the law from origin to far' (branches). That is the law of the ashal which has been determined based on the text and the law will also be determined on fara' if there is a similarity to the 'illat.

• Al-‘illah (characteristics)

Illat is a similar reason between origin and far' (branch). That is a trait found in asl, with that trait, asl has a law. And with that trait too, there are branches that are equated with ashl law.

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Kinds of Distribution of Qiyas

The distribution of qiyas can be seen from various aspects as follows:

• The distribution of qiyas in terms of the power of illat found in furu, compared to illat found in ashal.
  • Qiyas awlawi, namely qiyas whose law applies to furu is stronger than law enforcement to ashal because of the power of illat on furu.
  • Qiyas Musawi, namely qiyas where the law applies to furu is the same as the law applies to ashal because the illat power is the same.
  • Qiyas adwan, namely the one whose law applies to furu is weaker than the law to apply to ashal even though the qiuas fulfills the requirements.

• The distribution of qiyas in terms of the clarity of the illat
  • Qiyas jali, namely qiyas whose illlat is determined in the text together with the determination of ashal law or not illat is specified in the text, but there is no point of distinction between ashal and furu influence.
  • Qiyas khafi, namely qiyas whose illat is not mentioned in the text. The meaning is inferred from ashal law which allows his illat position to be zhanni.

• The distribution of qiyas in terms of the compatibility between the illat and the law;
  • Qiyas muatsir, which is likened to two definitions. First, qiyas, which is the liaison between ashal and furu, is defined by texts which are sharia or ijma. Second, qiyas, which has different characteristics (the nature itself) that connects ashal with furu, has an effect on ain Hukum.
  • Qiyas mulam, namely qiyas that is illat ashal law in relation to the law of haram is in the form of initial munasib.

• The distribution of qiyas in terms of whether or not illat is explained in that qiyas
  • Qiyas ma'na or qiyas in the meaning of ashal, namely qiyas which, although its illat is not explained in qiyas but between ashal and furu cannot be distinguished, so that furu is as if that ashal Alone.
  • Qiyas illat, namely qiyas whose illat is explained and this illat is the driving force for the enactment of the law in ashal.
  • Qiyas dilalah, namely qiyas whose illat is not a driving force for the application of the law itself but it is a necessity (normality) for illat which gives clues to the existence of illat.

• The division of qiyas in terms of the method (masalik) used in ashal and in furu.
  • Qiyas ikhalah, namely qiyas whose legal illat is determined through the munasabah and ikhallah methods.
  • Qiyas syabah, namely qiyas whose ashal law is determined through the syabah method.
  • Qiyas sabru, namely qiyas whose original legal illat is determined through the sabru wa taqsim method.
  • Qiyas thard, namely qiyas whose original legal illat is determined through thard.

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The Difference Between Ijtihad and Qiyas

Ijtihad regarding good events that have texts, but dzanni wurud and dalalahnya and those that do not have texts. Ijtihad which is in nash dzanni, is to determine what we must understand and to know whether it is 'am or is typical. And if he is 'am, is he still 'am or mutlaq or mumukayyad.

Ijtihad for those who do not have texts is to determine the law by way of qiyas, istihsan, mashlahah mursalah, or by other arguments that are justified by syara. The field of qiyas is events that are not in the text but are contained in the syara, something important to be entrusted to him.

So qiyas is a source of ijtihad, while ijtihad is more general than qiyas. And sometimes ijtihad and qiyas are seen as the same. Among the differences between ijtihad and qiyas is that qiyas cannot apply in the fields of worship, hudud and expiation, while ijtihad can be carried out in all fields.

Thus the review from Seputarknowledge.co.id about Qiyas, hopefully can add to your insight and knowledge. Thank you for visiting and don't forget to read other articles.