Analogical deduction in the Islamic legal framework

First, we ought to know that the methodology of Qiyas (analogical deduction) can be deduced from the Holy Quran itself.  Allah Ta’ala says:

 

O Believers! Spend (in the way of Allah) of your lawful and clean earnings and of that which We bring forth for you from the earth. And do not intend to spend (in the cause of Allah) from that which is unclean, for (if the same is given to you) you yourself would never accept it without closing your eyes to it. And you mustknow that Allah is certainly All-Sufficient, Worthy of All Praise.   Surah Baqarah (2:267)

 

Here, the ruling of giving away of unclean wealth has been deduced with acceptance of unclean wealth as the basis.

 

Qiyas in the Hadith:

 

Translation of Hadith:  A lady asked the Holy Prophet (Sallallahu alaihi wa sallam):  My mother had made a promise (Nazar in Urdu) to perform Hajj and passed away without fulfilling it.  Should I perform Hajj on behalf of her?  The Holy Prophet (Sallallahu alaihi wa sallam) said:  Yes.  If there was a debt on your mother, would you not have repaid it?  Fulfill the right of Allah Ta’ala.  He is more worthy of that that His rights be fulfilled.  (Sahih Bukhari, Hadith No. 1852)

 

Here, by deducing the ruling of promise on debt, the Holy Prophet (Sallallahu alaihi wa sallam) has taught the method of Qiyas to the jurists of the Ummah.  Otherwise, there would have been no necessity to perform Qiyas.

 

In the same way, that the Holy Prophet (Sallallahu alaihi wa sallam) performed Qiyas is established by the following Hadith:

 

Translation of Hadith:  A Bedouin told the Holy Prophet (Sallallahu alaihi wa sallam):  My woman has given birth to a dark baby.  Therefore, I have disowned the child.  The Holy Prophet (Sallallahu alaihi wa sallam) asked him:  Do you have camels?  He said: Yes.  He (Sallallahu alaihi wa sallam) said: What are their colors?  He said:  Red.  He (Sallallahu alaihi wa sallam) asked:  Are there any black ones as well?  He said:  Yes.  He (Sallallahu alaihi wa sallam) asked:  Where did black come among the reds?  He said:  Maybe there was one of this color as well.  He (Sallallahu alaihi wa sallam) said:  This must have been the case for your child as well.

 

Thus, by performing this deduction, the Holy Prophet (Sallallahu alaihi wa sallam) did not permit disowning the child.  Here, again the complexion of human beings has been deduced with the color of the camels as the basis.  The following Hadith also describes this:

 

Translation of Hadith:  Somebody asked the Holy Prophet (Sallallahu alaihi wa sallam):  If a fasting person kisses (the spouse), what would be the ruling?  He (Sallallahu alaihi wa sallam) said:  No problem.  It is as if sniffing at a Raihan (a flower).  (Kanz Ul Ummal, Hadith No. 24340)

 

There is a Hadith in Kashf Bazdawi:

 

Translation of Hadith:  Someone asked Hadhrat Umme Salama (May Allah be well pleased with her) about kissing one’s spouse while fasting.  Hadhrat Umme Salama (May Allah be well pleased with her) mentioned this to the Holy Prophet (Sallallahu alaihi wa sallam).  He (Sallallahu alaihi wa sallam) said:  Why didn’t you tell the questioner that I kiss while fasting? 

 

The intent here is the instruction of deduction that why did you not deduce other’s actions based on what the Holy Prophet (Sallallahu alaihi wa sallam) did.

 

This is supported by those Hadith as well in which the rules and the logic behind them are described.  For e.g. it has been said that the leftover of a cat is not unclean as the cat keeps roaming in the house, meaning that it is difficult to keep them away from water.  Those animals in which the same grounds of the ruling are found, their leftover will not be considered as unclean.  Otherwise, describing the grounds of the ruling would have been useless.

 

By reflecting on these and such affairs, the Sahabah learnt Qiyas (deduction).  Those among them who were of profound knowledge (Ahl Ur Rai), they would frequently use Qiyas and solve the issues they faced or which were brought before them.

 

By Hadhrat Shaykh Ul Islam Imam Muhammad Anwarullah Farooqui (May Allah sanctify his secret)

[In the next part of this series, some examples of the Sahabah using Qiyas will be described]