In Sunni Sunni Islam is the largest branch of Islam, also referred to as Ahl as-Sunnah wa’l-Jamā‘ah or Ahl as-Sunnah (Arabic: أهل السنة) for short. Sunni Islam is also referred to as Orthodox Islam. The word "Sunni" comes from the term Sunnah (Arabic: سنة), which refers to the words and actions or example of the Islamic Islamic jurisprudence Fiqh is Islamic jurisprudence. Fiqh is an expansion of the Sharia Islamic law—based directly on the Quran and Sunnah—that complements Shariah with evolving rulings/interpretations of Islamic jurists, the qiyas (Arabic Arabic (العربية al-ʿarabīyah, ( Arabic pronunciation ) or عربي ʿarabi) is a Central Semitic language, thus related to and classified alongside other Semitic languages such as Hebrew and the Neo-Aramaic languages. Arabic has more speakers than any other language in the Semitic language family. It is spoken by more than 280 million قياس) is the process of analogical reasoning Analogy is a cognitive process of transferring information from a particular subject (the analogue or source) to another particular subject (the target), and a linguistic expression corresponding to such a process. In a narrower sense, analogy is an inference or an argument from one particular to another particular, as opposed to deduction, in which the teachings of the Hadith Hadith are narrations concerning the words and deeds of the Islamic prophet Muhammad. Hadith are regarded by traditional Islamic schools of jurisprudence as important tools for understanding the Qur'an and in matters of jurisprudence. Hadith were evaluated and gathered into large collections mostly during the reign of Umar ibn AbdulAziz during the are compared and contrasted with those of the Qur'an The Qur’an is the central religious verbal text of Islam, also sometimes transliterated as Quran, Koran, Qur’ān, or Al-Qur’ān. Muslims believe the Qur’an to be the verbal book of divine guidance and direction for mankind. Its text addresses the Arabic speaking "children of Israel". Muslims also consider the original Arabic, i.e., in order to make an analogy with a known injunction An injunction is an equitable remedy in the form of a court order, whereby a party is required to do, or to refrain from doing, certain acts. The party that fails to adhere to the injunction faces criminal or civil penalties and may have to pay damages or accept sanctions for failing to follow the court's order. In some cases, breaches of (nass Nass is an arabic word meaning "a known, or clear, legal injunction". In Twelver Shi`ah Islam, nass is used to reference the nomination of a Prophet or Imam by a previous Prophet or Imam) to a new injunction. As a result of this method, the ruling of the Sunnah Sunnah is an Arabic word that means habit or usual practice. The Muslim usage of this term refers to the sayings and living habits of Muhammad, the last prophet of Islam and the Qur'an may be used as a means to solve or provide a response to a new problem that may arise. This, however, is only the case providing that the set precedent In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts or paradigm and the new problem that has come about will share operative causes (illah)[1]. The illah is the specific set of circumstances that trigger a certain law Sharia is the sacred law of Islam. All Muslims believe Sharia is God's law, but they have differences between themselves as to exactly what it entails. Modernists, traditionalists and fundamentalists all hold different views of Sharia, as do adherents to different schools of Islamic thought and scholarship. Different countries and cultures have into action. Both Sunni Islam Sunni Islam is the largest branch of Islam, also referred to as Ahl as-Sunnah wa’l-Jamā‘ah or Ahl as-Sunnah (Arabic: أهل السنة) for short. Sunni Islam is also referred to as Orthodox Islam. The word "Sunni" comes from the term Sunnah (Arabic: سنة), which refers to the words and actions or example of the Islamic and Shi'a Islam Shia Islam , is the second largest denomination of Islam, after Sunni Islam. The followers of Shia Islam are called Shi'as but are also known as Shiites or Shi'ites. "Shia" is the short form of the historic phrase Shī‘atu ‘Alī (شيعة علي), meaning "the followers of Ali" or "the faction of Ali" share Qur'anic interpretation, the Sunnah Sunnah is an Arabic word that means habit or usual practice. The Muslim usage of this term refers to the sayings and living habits of Muhammad, the last prophet of Islam, and Ijma' Ijmā' is an Arabic term referring ideally to the consensus of the ummah (the community of Muslims, or followers of Islam) (consensus) as sources of Islamic law, although the two sects differ significantly with regards to the manner in which they use these sources. The sects also differ on the fourth source. Sunni Islam uses qiyas as the fourth source, whereas Shi'a Islam uses 'aql ‘Aql , is an Ismaili concept referring to natural human knowledge in Islamic theology or to intellect in Islamic philosophy. In jurisprudence, it is associated with using reason as a source for sharia "religious law" and has been translated as "dialectical reasoning" (intellect). Other methods of deducing the law, such as mafhm al-nass (the clear implication of the text), tamthil (similarity or likeness), istihsan Istihsan is an Arabic term for juristic "preference". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying personal interpretation or ijtihad (juristic preference), or istislah (consideration of public interest), either explicitly rely on qiyas or use methods of analysis that are similar in their understanding of qiyas.
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Example of qiyas
For example, qiyas is applied to the injunction against drinking wine Wine is an alcoholic beverage, typically made of fermented grape juice. The natural chemical balance of grapes is such that they can ferment without the addition of sugars, acids, enzymes or other nutrients. Wine is produced by fermenting crushed grapes using various types of yeast. Yeast consumes the sugars found in the grapes and converts them to create an injunction against cocaine Cocaine is a crystalline tropane alkaloid that is obtained from the leaves of the coca plant. The name comes from "coca" in addition to the alkaloid suffix -ine, forming cocaine. It is a stimulant of the central nervous system, an appetite suppressant, and a topical anesthetic. Specifically, it is a serotonin-norepinephrine-dopamine use.
- Identification of a clear, known thing or action that might bear a resemblance to the modern situation, such as the wine drinking.
- Identification of the ruling on the known thing. Wine drinking is haraam Haraam (often Haram) is an Arabic term meaning "forbidden". In Islam it is used to refer to anything that is prohibited by the faith. Its antonym is halal, prohibited.
- Identification of the reason behind the known ruling ('illah). For example, wine drinking is haraam because it intoxicates. Intoxication is bad because it removes Muslims A Muslim or Moslem is an adherent of the religion of Islam. Literally, the word means "one who submits (to God)". Muslim is the participle of the same verb of which Islam is the infinitive. All Muslims observe Sunnah, but differences in the definition of what is and what is not Sunnah has led to the emergence of sectarian movements.[ from mindfulness of God. This reason behind the reason is termed hikmah Hikmah is an Arabic word meaning wisdom. Hikmah is important to Islamic philosophy.
- The reason behind the known ruling is applied to the unknown thing. For instance cocaine use intoxicates the user, removing the user from mindfulness of God. It is therefore prohibited.
During the Islamic Golden Age The Islamic Golden Age is traditionally dated from the mid-8th to the mid-13th century A.D. although it has been extended by one scholar to at least the 15th century. During this period, artists, engineers, scholars, poets, philosophers, geographers and traders in the Islamic world contributed to agriculture, the arts, economics, industry, law,, there was a logical debate Debate or debating is a formal method of interactive and representational argument. Debate is a broader form of argument than logical argument, which only examines consistency from axiom, and factual argument, which only examines what is or isn't the case or rhetoric which is a technique of persuasion. Though logical consistency, factual accuracy among Islamic logicians Logic played an important role in Islamic philosophy. Islamic law and jurisprudence placed importance on formulating standards of argument, which gave rise to a novel approach to logic in Kalam, as seen in the method of qiyas. This approach, however, was later displaced to some extent by ideas from ancient Greek and Hellenistic philosophy with the, philosophers Early Islamic philosophy or classical Islamic philosophy is a period of intense philosophical development beginning in the 2nd century AH of the Islamic calendar and lasting until the 6th century AH (late 12th century CE). The period is known as the Islamic Golden Age, and the achievements of this period had a crucial influence in the development and theologians Kalām is the Islamic philosophy of seeking Islamic theological principles through dialectic. In Arabic the word means 'speaking', and the Kalam tradition in Islam relates to seeking theological through debate and argument. A scholar of kalam is referred to as a mutakallim (Muslim theologian; plural mutakallimiin). There are many interpretations over whether the term qiyas refers to analogical reasoning Analogy is a cognitive process of transferring information from a particular subject (the analogue or source) to another particular subject (the target), and a linguistic expression corresponding to such a process. In a narrower sense, analogy is an inference or an argument from one particular to another particular, as opposed to deduction,, inductive reasoning Inductive reasoning, also known as induction or inductive logic, is a type of reasoning that involves moving from a set of specific facts to a general conclusion. It uses premises from objects that have been examined to establish a conclusion about an object that has not been examined. It can also be seen as a form of theory-building, in which or categorical syllogism A syllogism or logical appeal is a kind of logical argument in which one proposition (the conclusion) is inferred from two others (the premises) of a certain form. Some Islamic scholars argued that qiyas refers to inductive reasoning, which Ibn Hazm Abū Muḥammad ʿAlī ibn Aḥmad ibn Saʿīd ibn Ḥazm (Arabic: أبو محمد علي بن احمد بن سعيد بن حزم; also sometimes known as al-Andalusī aẓ-Ẓāhirī; 7 November 994–15 August 1064 ) was an Andalusian philosopher, litterateur, psychologist, historian, jurist and theologian born in Córdoba, present-day Spain (994-1064) disagreed with, arguing that qiyas does not refer to inductive reasoning, but refers to categorical syllogism in a real Reality is the state of things as they actually exist, rather than as they may appear or may be thought to be. In its widest definition, reality includes everything that is and has being, whether or not it is observable or comprehensible sense and analogical reasoning in a metaphorical A metaphor is an analogy between two objects or ideas; the analogy is conveyed by the use of a metaphorical word in place of some other word. For example: "Her eyes were glistening jewels" sense. On the other hand, al-Ghazali Abū Ḥāmed Muḥammad ibn Muḥammad al-Ghazālī (Persian/Arabic:ابو حامد محمد ابن محمد الغزالي), often Algazel in English, was an Islamic theologian, jurist, philosopher, cosmologist, psychologist and mystic of Persian origin, and remains one of the most celebrated scholars in the history of Sunni Islamic thought. He (1058-1111) (and in modern times, Abu Muhammad Asem al-Maqdisi Maqdisi is currently in the custody of the government of Jordan. The Tawhed pro-terrorism jihadist website, which he owns, continues to operate; the USMA report describes it as "al-Qa`ida's main online library") argued that qiyas refers to analogical reasoning in a real sense and categorical syllogism in a metaphorical sense. Other Islamic scholars at the time, however, argued that the term qiyas refers to both analogical reasoning and categorical syllogism in a real sense.[2]
Liberal movements within Islam Progressive Muslims have produced a considerable body of liberal thoughts within Islam . These movements share a philosophy that depends largely on ijtihad or re-interpretation of traditional texts and laws often extend qiyas by the disputed practice of istihsan Istihsan is an Arabic term for juristic "preference". Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It is one of the principles of legal thought underlying personal interpretation or ijtihad in order to redefine Islamic law All Sharia is derived from two primary sources, the divine revelations set forth in the Qur'an, and the sayings and example set by the Prophet Muhammad in the Sunnah. Fiqh, or "jurisprudence," interprets and extends the application of Sharia to questions not directly addressed in the primary sources, by including secondary sources. These away from conservative and traditional forms.
Shi'a view of qiyas
The Shi'a view the use of qiyas (analogy) as being an innovation which can easily lead the user to erroneous conclusions regarding matters of Fiqh. In Usul al-Kafi, in the chapter on knowledge, one finds many traditions cited from the Shi'a Imams that forbid the use of qiyas. For example:
- "H 103, Ch. 11, h 9
- Ali ibn Ibrahim has narrated from Muhammad ibn ‘Isa from Yunus from Dawad ibn Farqad from one he narrated from ibn Shubruma (a judge in al-Kufa during the rule of al-Mansur) who has said the following.
- "I never heard any thing like a statement I heard from Imam abu ‘Abdallah (a.s.) and it is almost as he said, ‘Pierced my heart.’" The Imam (a.s.) said, "My father narrated from my great-great-great-great grandfather, the holy Prophet (s.a.) who said, ‘Those who act on the basis of analogy will face their destruction and lead others to their destruction. Those who give fatwas without the knowledge of the abrogating and the abrogated, the clear text and that which requires interpretation, they will face destruction and lead others to their destruction."[3]
See also
- Zahirites
- Siyasa
References
- ^ The Language of Law - Qiyas
- ^ Wael B. Hallaq (1993), Ibn Taymiyya Against the Greek Logicians, p. 48. Oxford University Press Oxford University Press is the largest university press in the world. It is a department of the University of Oxford and is governed by a group of 15 academics appointed by the Vice-Chancellor known as the Delegates of the Press. They are headed by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative, ISBN 0-19-824043-0.
- ^ Prohibition on Speaking without Knowledge
External links
- Qiyas (Analogical Reasoning) and Some Problematic Issues in Islamic law
- Mohammad Hashim Kamali Mohammad Hashim Kamali is professor of law at the International Islamic University of Malaysia. He has taught Islamic law and jurisprudence there since 1985, Principles of Islamic Jurisprudence (2003)
- Shi'a site refuting multiple Qiyas regarding Nikah Mut'ah Nikāḥ al-Mut‘ah , or sigheh (Persia), is a fixed-term Marriage in Shi'a Islam. The duration of this type of marriage is fixed at its inception and is then automatically dissolved upon completion of its term. The marriage is contractual and is subject to renewal. Financial payments may be made between the couple, usually with the male paying
Categories: Sunni Islam | Sharia
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