1.Elements of Qiyas
1. ASL
It is original text [Quran, Sunnah]
2. Hokum-ul-Asl
It is law which is derived from ASL for
the solution of problems
3.Illet/Illah
It is underline the cause for which the
new order is established.
According to Quran-e-Hakeem
‘‘Wine has been prohibited in Islam''
Basically, intoxication has been
prohibited in Islam.
4. Far’O/Far
Discuss questions that need to be
answered
‘‘Heroine is prohibited in Islam or not''
2.Literal Meaning
‘‘Estimating or measuring of one thing in
terms of another''
3.Technical meaning
‘‘Extension of law from the original text
by means of common cause''
4.Conditions of Qiyas
1. Particular state of facts
2. Not to change the law
3. Logically detected
4. Original text capable of understanding
5.Kinds of Qiyas
(i) Qiyas Jail (Manifest analogy)
When the underlying cause can be discovered
with relative ease and jurist does not have to ponder too much over the attributes
of the ‘Illah.
(ii) Qiyas Khafi (Concealed analogy)
When the ‘Illah is less apparent and the
jurist has to expend considerable effort to discover it.
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