Qijas


Qijas, the fourth source of Muslim law, is reasoning by analogy. (1) Qiyas literally means measuring or ascertaining the length, weight or quality of something.  It aims to solve a new case based on an original case but with the same effective cause by an original one to a new one. Among well-known four sources of Islamic law, Qijas attracts more discussion than the other three, due to its constituents, the conditions of each constituent, and principles that govern the relationship among them. (2) Hanafi school of law is known for wide use of Qiyas.

Constituents of Qijas
a)	The original case (asl). Asl must be based on a text of the Quran or the Sunnah, and may be also based on a consensus. Some Hanafi scholars argued that it is possible to base Qiyas on other case of Qiyas (based on a text of Quran or Sunnah) and not directly on an original text. (3)
b)	The new case (far’). A new case must not be covered directly by original text of Quran or Sunnah or consensus (‘ijma). Further, the effective cause of asl must be applicable to a new case. 
c)	The effective cause, the ratio legis (‘illa). Conditions for ‘illa are: it must be clear(evident), it must be constant in its attribute, it must be transferable to a new case. Some of ‘illa conditions are subject of disagreement among jurists. 
d)	The legal rule (hukm). Conditions for hukm are: it must be practical ruling (nor part of belief), it must be operative (not abrogated), must be rational, must not be of exceptional situation.


Example of Qijas

A common example of Qiyas used by scholars is wine example. Quran states that grape-wine (original case) is prohibited.  Date-wine as a new case is not directly treated by Quran nor Sunnah and scholars need legal norm (hukm) on this case. The effective cause in date-wine is intoxication which is the reason for prohibition of grape-wine. Now, scholars can bring legal norm which in this case will be prohibition. 

Pro and contra Qijas
The Zahiri school of law is known for its refusal of Qiyas. Its main protagonist Ibn Hazm (d. 1064), argued that the Shari’a law (with Quran, Sunnah) defined all rulings and that there is no room for making new. In favor of his argumentation he uses verses:
 “We have neglected nothing in the Book” Al-An’am 6:89
“This day, I perfected your religion for you, and completed My favour upon you”. Al-Maidah 5:4

Majority of schools and scholars accept Qijas as fourth source of Islamic law. Majority see Qiyas as extension of the Quran and Sunnah and not as addition to the two. (4)

Qijas today

Qijas plays one of major roles in Islamic renaissance and reform of Islamic law in the contemporary world. Qiyas needs a human agency and reasoning and therefor it has its legitimacy in today’s constitution of Shari’a. At the same time, it is driving force for further development of Islamic law. Qiyas keeps the door of Ijtihad open in the contemporary world, and it gives opportunity for new rulings for new situations which Muslims face today. 



References:

1.	Encyclopaedia of Islam. Second edition. Online. 
2.	A history of Islamic Legal Theories. Wael B. Hallaq. CAMBRIDGE University Press. 1997. 
3.	A history of Islamic Legal Theories. PG 84. 
4.	A history of Islamic Legal Theories. PG 105.