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القياس و أقسامه باعتبار العلة : دراسة أصولية

المصدر: مجلة دار الإفتاء المصرية
الناشر: دار الافتاء المصرية
المؤلف الرئيسي: محمد، عبدالله ربيع عبدالله (مؤلف)
المجلد/العدد: ع 2
محكمة: نعم
الدولة: مصر
التاريخ الميلادي: 2009
التاريخ الهجري: 1430
الشهر: أكتوبر
الصفحات: 10 - 39
رقم MD: 166865
نوع المحتوى: بحوث ومقالات
قواعد المعلومات: IslamicInfo
مواضيع:
رابط المحتوى:
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المستخلص: It is well known that Qiyaas, or deductive analogy, is an extremely important matter to jurists of Islamic Law. The use of Qiyaas is what provides flexibility in Islamic law and affirms its suitability for every time and place. It is the essence and pinnacle of ijtihaad (interpretive judgment and jurisprudence). Imam al Haramayn commented that Qiyaas is the foundation upon which opinions are built, and by its application, jurisprudence and legislative methods differ and branch out. This research paper on Qiyaas is a study clarifying its realities and the differences amongst the scholars regarding its definition and usage, as well as discussing the source of their differences. A number of various definitions put forth by the scholars will be presented, and the most sound and accurate definition will be given preference and explained in full detail. Then, its proofs and evidences as a source of legislation will be touched upon, and the extent of its role as evidence in law will be examined. Some of the evidence cited by the vast majority of scholars regarding its validity will be mentioned, all of which are extracted from the Quran, Sunnah (life of Prophet Mohammad and his actions and statements), and Ijmaa’ (Unanimous Consensus amongst the scholars). The paper will also investigate the importance of a clearly (shared) cause ('illah) between the two issues in comparison within the various types of Qiyaas, since this is the most important pillar of Qiyaas. It is only once a clearly shared cause has been established that the ruling on the issue under consideration can take the same ruling as the origin upon which the analogy was based. We have attached the findings of an independent research paper discussing the linguistic and technical definitions of the word 'illah, as well as the use of the term in Islamic Law. The paper then examines the conditions that must be met in order to validly attach the 'illah upon the analogy. Next, the paper will discuss the relationship between the ‘illah with regards to its wisdom, suitability, intended goal, and its benefits. The research will proceed to clarify the types of Qiyaas with respect to various viewpoints and considerations. The following classifications of Qiyaas have been mentioned; in regards to affirming the similarity or contradiction of the two primary elements, the origin and the secondary constituent, there are two categories: “Reverse Qiyaas” and “Equivalent or Rejected Qiyaas”. With consideration to the ‘illah, Qiyaas may be categorized as “Qiyaas based on a clearly shared cause”, “Qiyaas based on intent”, or “Qiyaas based on its original meaning”. In regards to the appearance of the 'illah there are two classifications; “Qiyaas Jalli” (Conspicuous Qiyaas, where the ‘illah is clearly evident) and “Qiyaas Khafi” (Inconspicuous Qiyaas, where the illah is not clearly evident at first glance). There are also two categories with regards to the absoluteness of the ‘illah or lack of it; Absolute Qiyaas (Qati) and Presumed Qiyaas (Dhanni). Lastly, with respect to the strength and appearance of the ‘illah in the secondary constituent there are three categories; Stronger, Equal, and Weaker.

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