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The relevance of qiyas (analogical deduction) as a source of islamic law in contemporary time

 

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Thesis Abstract

Abstract
Qiyas, or analogical deduction, is a fundamental principle in Islamic jurisprudence that allows for the extension of Islamic laws to new situations not explicitly addressed in the Quran or Hadith. This method of legal reasoning has been a source of Islamic law for centuries, playing a crucial role in adapting Islamic principles to changing social, economic, and technological contexts. In contemporary times, the relevance of qiyas as a source of Islamic law is a topic of significant debate and exploration. This research project aims to investigate the relevance of qiyas as a source of Islamic law in contemporary times by examining its theoretical foundations, historical development, and practical applications. The study will explore how qiyas has been used to address new issues and challenges faced by Muslim communities around the world, such as bioethics, finance, human rights, and technology. By analyzing classical and modern Islamic legal texts, as well as contemporary scholarly debates, this research project seeks to shed light on the role of qiyas in interpreting and applying Islamic law in the modern era. The study will also consider the criticisms and limitations of qiyas as a method of legal reasoning, and explore alternative approaches to legal interpretation within the Islamic tradition. Through a multidisciplinary approach that incorporates insights from Islamic jurisprudence, legal theory, ethics, and sociology, this research project aims to provide a comprehensive understanding of the relevance of qiyas in contemporary Islamic legal thought. The findings of this study are expected to contribute to ongoing discussions within the Muslim world regarding the role of analogical deduction in shaping Islamic law in response to contemporary challenges and opportunities. Overall, this research project seeks to deepen our understanding of the role of qiyas as a source of Islamic law in contemporary times, and to explore its potential contributions to legal and ethical debates in Muslim-majority societies and beyond. By critically examining the theoretical foundations and practical applications of qiyas, this study aims to generate new insights and perspectives that can inform discussions on the evolution of Islamic law in the modern world.

Thesis Overview

Islamic Law covers every sphere of human endeavor. It comprises

of the primary and the secondary sources of Law. The former consists of

the Qur’an and the sunnah, to which all the jurists are at ad-idem. Qiyas

is the second secondary source. However, there are divergent opinions

amongst the jurists as to whether it can stand as a source or not.

It is in view of this that the choice of the topic of this thesis namely

The Relevance of Qiyas (Analogical Deduction) As a Source Of

Islamic Law In Contemporary Time.

Scholars of earlier times and the contemporary ones differ as

regards to Qiyas been a source of Islamic law or not. The question

however is: are the opinions different in essence? It is this fundamental

question and others that this thesis will examine.

The aim of the research is to analyze the different opinions of the

scholars. Also to clarify some fundamental controversial issues as relates

to our present day world. Also, to show that Islamic law is not rigid and

barbaric as misconceived by some people. Hence, it can be applied to

solve modern day needs brought about by rapid development achieved

due to break -through in technology. Observation in this research work

shows that Qiyas is a correctly accepted source of Islamic law and the

opponent of the above view are indirectly using Qiyas as a source of

Islamic law. It has been observed that Muslims abandoned Qiyas and

believed that they were solving their legislative problems. However, all

they succeeded in doing was crip


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