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

Project Abstract

Qiyas, or analogical deduction, has been a significant source of Islamic law for centuries, providing a means to address new issues that may not have been explicitly covered in the primary sources of the Quran and Sunnah. In contemporary times, the relevance of qiyas continues to be a subject of debate among Islamic scholars and jurists. This research explores the importance and applicability of qiyas in addressing modern legal challenges faced by the Muslim community. The study examines the theoretical foundations of qiyas as a source of Islamic law, tracing its origins back to the time of the Prophet Muhammad and the early Muslim scholars. It explores the methodologies and principles involved in analogical deduction, highlighting the conditions that must be met for qiyas to be valid in Islamic jurisprudence. Furthermore, the research investigates how qiyas has been applied in various contexts throughout Islamic history, illustrating its role in interpreting and expanding Islamic legal rulings. By analyzing historical examples of qiyas in action, the study sheds light on the flexibility and adaptability of Islamic law through analogical reasoning. In the contemporary context, the research delves into the challenges and opportunities presented by the application of qiyas in addressing modern legal issues. It examines the debates surrounding the scope of qiyas in light of changing social norms, technological advancements, and global interconnectedness. Moreover, the study considers the criticisms leveled against qiyas as a source of Islamic law, exploring concerns about its potential misuse or misapplication in today's complex legal landscape. By addressing these criticisms, the research aims to provide a balanced perspective on the role of qiyas in contemporary Islamic jurisprudence. Overall, this research contributes to the ongoing discourse on the relevance of qiyas as a source of Islamic law in contemporary times. By examining its theoretical foundations, historical applications, and contemporary challenges, the study offers insights into the enduring significance of analogical deduction in interpreting and applying Islamic legal principles to the complexities of the modern world.

Project Overview

<p> </p><p>Islamic Law covers every sphere of human endeavor. It comprises</p><p>of the primary and the secondary sources of Law. The former consists of</p><p>the Qur’an and the sunnah, to which all the jurists are at <em>ad-idem</em>. Qiyas</p><p>is the second secondary source. However, there are divergent opinions</p><p>amongst the jurists as to whether it can stand as a source or not.</p><p>It is in view of this that the choice of the topic of this thesis namely</p><p><strong>T</strong><strong>h</strong><strong>e</strong>&nbsp;<strong>R</strong><strong>e</strong><strong>le</strong><strong>v</strong><strong>ance</strong>&nbsp;<strong>o</strong><strong>f</strong>&nbsp;<strong>Q</strong><strong>i</strong><strong>y</strong><strong>as</strong>&nbsp;<strong>(Analogical</strong>&nbsp;<strong>D</strong><strong>e</strong><strong>duction)</strong>&nbsp;<strong>As</strong>&nbsp;<strong>a</strong>&nbsp;<strong>Source</strong>&nbsp;<strong>O</strong><strong>f</strong></p><p><strong>Islamic</strong>&nbsp;<strong>L</strong><strong>aw</strong>&nbsp;<strong>I</strong><strong>n</strong>&nbsp;<strong>C</strong><strong>on</strong><strong>temporary</strong>&nbsp;<strong>Ti</strong><strong>m</strong><strong>e</strong>.</p><p>Scholars of earlier times and the contemporary ones differ as</p><p>regards to Qiyas been a source of Islamic law or not. The question</p><p>however is: are the opinions different in essence? It is this fundamental</p><p>question and others that this thesis will examine.</p><p>The aim of the research is to analyze the different opinions of the</p><p>scholars. Also to clarify some fundamental controversial issues as relates</p><p>to our present day world. Also, to show that Islamic law is not rigid and</p><p>barbaric as misconceived by some people. Hence, it can be applied to</p><p>solve modern day needs brought about by rapid development achieved</p><p>due to break -through in technology. Observation in this research work</p><p>shows that Qiyas is a correctly accepted source of Islamic law and the</p><p>opponent of the above view are indirectly using Qiyas as a source of</p><p>Islamic law. It has been observed that Muslims abandoned Qiyas and</p><p>believed that they were solving their legislative problems. However, all</p><p>they succeeded in doing was crip</p> <br><p></p>