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

Thesis 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>