Author: Mufti Abu Saeed Al-Rashid
Imam al-A’zam Abu Hanifah (RA): The Role Model (part 8)
Collection of Articles
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Qiyas (Analogical Reasoning)
In matters where no explicit textual evidence (nass) or consensus (ijma) existed, Imam Abu Hanīfah (may Allah have mercy on him) employed Qiyas (analogical reasoning). Qiyas refers to deriving the ruling of a new issue by comparing it to an original case whose ruling is already established, provided that both cases share the same effective cause (illah).
Example: The prohibition of all intoxicating substances is established by analogy with wine, since both cause intoxication, which is the effective cause of the prohibition.
Imam Abu Hanifah possessed exceptional expertise in applying Qiyas and regarded it as one of the principal sources of Islamic legal reasoning. He believed that Qiyas is a legitimate and reliable method for resolving newly emerging legal issues in harmony with the objectives and principles of the Sharīʿah. Consequently, Qiyas occupies a central position in the Hanafi school of jurisprudence and has been widely accepted throughout the Muslim world. This methodology gave Islamic jurisprudence the flexibility to respond to changing circumstances across different times and places.
Definition of Qiyas
Linguistically: Qiyas means comparison or measurement.
Technically, Qiyas is the application of the ruling of one case to another because both share the same effective legal cause (ʿillah).
Is Qiyas a Sharʿi proof?
Question: Is there evidence that Qiyas is recognized as a valid source of Islamic law?
Answer: Yes. Numerous pieces of evidence from the Qur’an and the Sunnah establish the legitimacy of Qiyas.
1. The Qur’an commands believers to employ analogical reflection: فَاعْتَبِرُوا يَا أُولِي الْأَبْصَارِ Translation: “So take heed, O people of insight.” [1]
Here, the word “iʿtibar” is understood by many scholars to imply analogical reasoning.
2. The Messenger of Allah (PBUH) himself applied Qiyas:
A man came to the Messenger of Allah (PBUH) and said that Hajj had become obligatory upon his elderly father, who was too weak to ride. Could he perform Hajj on his father’s behalf?
The Prophet (PBUH) replied: أَرَأَيْتَ لَوْ كَانَ عَلَيْهِ دَيْنٌ فَقَضَيْتَهُ أَكَانَ مُجْزِئًا؟ قَالَ نَعَمْ. قَالَ: فَحُجَّ عَنْ أَبِيكَ. Translation: “Tell me, if your father owed a debt and you paid it on his behalf, would that discharge his obligation?” He replied, “Yes.” The Prophet (PBUH) said, “Then perform Hajj on behalf of your father.” [2]
Another companion kissed his wife while fasting and became concerned. The Prophet (PBUH) asked him: أَرَأَيْتَ لَوْ تَمَضْمَضْتَ بِمَاءٍ وَأَنْتَ صَائِمٌ ؟ فَقُلْتُ: لَا بَأْسَ بِذَلِكَ فَقَالَ رَسُولُ الله صلى الله عليه وسلم : فَفِيمَ ؟ Translation: “What if you rinsed your mouth with water while fasting?” I replied, “There is no harm in that.” The Messenger of Allah (PBUH) then said, “Then why should there be any problem?”
Here, the Prophet (PBUH) compared kissing one’s spouse while fasting to rinsing the mouth with water, illustrating the principle of Qiyas.
3. The Companions referred to analogical reasoning, and the Prophet (PBUH) approved it.
As mentioned in the famous narration of Muʿādh ibn Jabal (RA), he said: أَجْتَهِدُ رَأْيِي وَلَا آلُو. قَالَ: فَضَرَبَ صَدْرِي بِيَدِهِ وَقَالَ: الْحَمْدُ لِلَّهِ الَّذِي وَفَّقَ رَسُولَ رَسُولِ الله لِمَا يُرْضِي رَسُولَ الله. Translation: “I will exert my own reasoning and spare no effort.” Thereupon, the Messenger of Allah (PBUH) struck my chest with his hand and said, “All praise is due to Allah, who has guided the messenger of the Messenger of Allah to that which pleases the Messenger of Allah.” [3]
4. The first issue in which the Companions employed Qiyas after the Prophet’s death concerned the Caliphate.
Umar ibn al-Khattab (RA) said: رَضِيَهُ رَسُولُ الله صلى الله عليه وسلم لِدِينِنَا فَكَيْفَ لَا نَرْضَاهُ لِدُنْيَانَا. فَاقْتَنَعُوا وَاتَّفَقُوا عَلَى تَوْلِيَةِ أَبِي بَكْرٍ. Translation: “The Messenger of Allah (PBUH) approved him for our religion, so why should we not approve him for our worldly affairs?”
Thus, Umar analogically compared Abu Bakr’s leadership in prayer to his suitability for political leadership. The Companions unanimously accepted this reasoning.
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Istihsan (Juristic Preference)
Imam Abu Hanifah regarded Istihsan as one of the most important principles of legal reasoning. In many cases, he preferred Istihsan over Qiyas because it better fulfilled the objectives of the Sharīʿah by promoting ease and public welfare.
When strict analogy would result in hardship, Imam Abu Hanifah would adopt istihsan to achieve a more equitable and beneficial ruling.
Definition of Istihsan
Linguistically: Istihsan means considering something good or preferable.
Technically, it is departing from the ruling of an analogous case due to the existence of stronger evidence.
It is also defined as adopting a stronger hidden analogy (Qiyas Khafi) instead of an apparent analogy (Qiyas Jali).
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Custom and Common Practice (Urf)
Imam Abu Hanifah attached considerable importance to accepted customs and social practices. He maintained that custom may be considered in legal reasoning provided that it does not conflict with the Sharīʿah.
Example: Established commercial practices among people may serve as a basis for interpreting legal rulings.
Definition of Urf
Linguistically: Urf means that which is recognized, accepted, or customary.
Technically: It refers to practices that are commonly observed by the majority of people within a particular society or locality.
Difference between Urf and Habit (Adah)
In social contexts, Urf and Adah are often synonymous. However, regarding an individual, there is a distinction: the repeated conduct of one person is usually described as habit (Adah) rather than custom (Urf).
For example, a woman’s menstrual cycle is considered her personal habit, and many legal rulings are based upon it.
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The Opinions and Practices of the Noble Companions
Imam Abu Ḥanīfah held the opinions and legal practices of the Companions in the highest regard. He frequently relied upon their legal judgments and methodology in deriving rulings.
Example: Whenever an authentic opinion of a Companion existed regarding a legal issue, Imam Abu Ḥanīfah generally preferred it over analogical reasoning.
Reasons for Giving Priority to the Opinions of the Companions
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Their Direct Association with the Messenger of Allah (PBUH)
The Companions received their knowledge and training directly from the Prophet (PBUH). Therefore, their legal opinions were regarded as one of the most reliable sources for understanding Islamic law. Imam Abu Ḥanīfah recognized that they possessed the deepest knowledge of the principles of Islam and the Sunnah of the Messenger of Allah (PBUH); consequently, he considered their judgments highly authoritative in matters of jurisprudence.
To be continued…
Previous Part
References:
- Usul al-Sarakhsi, Chapter on Qiyas (Bab al-Qiyas).
- Sunan al-Nasāʾī, Chapter: Comparing the Performance of Hajj on Behalf of Another to the Payment of a Debt (Bāb Tashbih Qaḍaʾ al-Ḥajj bi al-Dayn), Hadith No. 2652.
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Mushkil al-Āthār by al-Ṭaḥāwī, Narration of Muʿādh ibn Jabal, Hadith No. 3050.
