In Islam, the main sources of law used in establishing rules are the Qur'an and Sunnah. However, not all problems that arise in everyday life have explicit answers in these two sources. Therefore, scholars use the legal istinbath method such as qiyas to find the law of a matter that is not directly mentioned in the Qur'an and Hadith. This article will discuss qiyas in depth, starting from its definition, supporting evidence, to examples of its application in Islamic law.
Understanding Qiyas
In terms of language, qiyas means "to measure" or "to equate" something with another. In terms of Islamic jurisprudence, qiyas is a method of analogy in Islamic law that is used to determine the law of a matter that is not mentioned in the Qur'an and Hadith, by comparing it with another matter that has the same cause or illat of law.
According to Imam Al-Ghazali, qiyas is applying the law contained in the text to other cases that are not contained in the text because of the similarity of illat (legal causes). In other words, if a law already exists in the Quran or Hadith and there is a similarity of cause with another case that is not mentioned, then the law can be applied to similar cases.
Authentic Evidence about Qiyas
Many scholars are of the opinion that qiyas is a valid source of Islamic law, based on several arguments from the Qur'an and Hadith, as well as the practices of the Companions. Here are some authentic arguments that support the use of qiyas in Islamic law:
1. Dalil from the Quran
- Surah Al-Hashr verse 2: "So take (that incident) as a lesson, O people of insight." (QS. Al-Hashr: 2)
- Surah An-Nisa verse 59: "O you who have believed, obey Allah and obey the Messenger (His), and those in authority among you. Then if you differ about anything, refer it to Allah (the Qur'an) and the Messenger (the Sunnah)..." (QS. An-Nisa: 59)
2. Evidence from the Hadith of the Prophet ﷺ
- Hadith of Mu'adh bin Jabal: The Messenger of Allah ﷺ once sent Mu'adh bin Jabal to Yemen as a qadhi (judge). The Prophet asked him, "How will you decide the case?" Mu'adh replied, "I will decide by the Book of Allah (the Qur'an)." The Prophet asked again, "If you do not find it in the Book of Allah?" Mu'adh replied, "I will decide by the Sunnah of the Messenger of Allah." The Prophet asked again, "If you do not find it in the Sunnah of the Messenger of Allah?" Mu'adh replied, "I will make ijtihad by my own opinion." The Prophet also confirmed and praised Mu'adh's answer. (Narrated by Abu Dawud and Tirmidhi)
- Hadith about Khamr: The Messenger of Allah ﷺ said: "Every intoxicant is khamr, and every khamr is forbidden." (HR. Muslim)
3. Evidence from the Ijma' of the Companions
The companions also used qiyas in establishing laws. One example is Umar bin Khattab's decision to prohibit the sale of milk mixed with water, because he equated it with the practice of fraud which is already forbidden in Islam.
The Pillars and Conditions of Qiyas
Qiyas Pillars
- Al-Ashl (Principle): Laws that are clear in the Quran or Hadith.
- Al-Far' (Branch): A new case that does not have an explicit law in the Qur'an or Hadith.
- Al-Illah (Legal Cause): The causal similarity between the tree and the branch.
- Al-Hukm (Original Law): Law that is established at the root and applied to the branches.
Examples of the Application of Qiyas in Islamic Law
- Prohibition of Narcotics: Original law: Khamr is prohibited because it intoxicates. New case: Narcotics also have an intoxicating effect. Law: Narcotics are prohibited based on analogy to khamr.
- Obligation of Professional Zakat: Original law: Zakat is obligatory on agricultural and trade products. New case: Salary and income from profession are also forms of income. Law: Professional zakat is obligatory based on qiyas on trade zakat.
- Digital Transaction Law: Original law: Usury is prohibited in conventional transactions. New case: Usury can also occur in digital transactions such as online loans. Law: Usury in digital transactions is prohibited based on qiyas against conventional usury.
Conclusion
Qiyas is one of the important methods of ijtihad in Islam to answer problems that are not explicitly mentioned in the Qur'an and Hadith. Evidence from the Qur'an, Hadith, and ijma' of the companions shows that qiyas is a valid method in determining the law. With the existence of qiyas, Islam remains relevant in facing the development of the times, without abandoning its basic principles.
Good morning and may God bless you.