Q Explain the importance of Qiyas in Islam
Q Short note on analogy
Q Describe the status of analogy as juristic deduction
Qiyas is the secondary source of Islamic law and is generally translated as analogy. The root meaning of the qiyas is measuring, accord, equality. When there is no clear direction in either of the holy quran, Sunnah…….against Sunnah of the holy prophet( from my sources of law topic copy)
In plain language qiyas is a process of deduction by which the law of a text is applied to cases which, though not covered by the language, are governed by the reason of the text. From this definition its seen that analogical deduction is to distinguished from interpretation of a text
Scope of analogy: the function of analogy is to extend the law of the text, to cases not falling within purview of its terms. The writers on jurisprudence do not admit that extension of law by process of analogy amounts to establishing a new rule of law.