1. What are the implications of Universal and Local ijma? 2. What is the legal basis of Qiyas? 3. Examples of three cases settled by Qiyas.

Answered according to Hanafi Fiqh by Askimam.org

Salaams, Please assist me with an explanation to the following.

1. What are the implications of Universal and Local ijma?
2. What is the legal basis of Qiyas?
3. Examples of three cases settled by Qiyas.
4 One example of the application of Ijma

JazaakAllah. May Allah Reward you for all your efforts. Amen

Answer

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

 

We acknowledge receipt of query and your answer follows hereunder;

  1. The universal consensus of the scholars of the Muslim community as a whole can be regarded as conclusive Ijma’ as lay down by Ulama of Usul and is binding by early Usuliyeen (scholars of Usul i.e principles of Islamic jurisprudence).

The first time, Ijma’ occurred among the Sahabis, companions of the Prophet (Sallallaahu ‘alayhi wassallam). Unanimity of Ulama on an issue of a particular time is a requirement of Ijma’. However Ijma’ initially is to bring unity of Ummah in some matters and enhances the authority of the rule. Ijma’ will also be regarded to be an absolute proof in Shari’ah, to go against an absolute proof of Shari’ah could be of great threat for our Imaan.

  1. Examples of Ijma’ are:

  1. The second of Jummah.

  2. Compilation of the Qura’an in a single manuscript.

  3. Prohibition of Muta’

 

  1. Technically, qiyas is the addition of a Shari’ah value from an original case, or asl,, because the latter has the same efficient root as the former. The original case is regulated by a given text, and qiyas seeks to extend the same textual ruling to the new case. Recourse to analogy is only warranted if the solutions of new cases are not covered by the nusus (Qur’an & Sunnah) or a definite ijma`; otherwise it would be vain to resort to qiyas if the new case could be resolved under a ruling of the existing law.

  2. A simple example of qiyas is the ruling of all intoxicants being haraam. In the Holy Quran, Allah Ta’ala orders us to refrain from khamar (wine, alcoholic drinks). So it would clearly appear that the reason for the prohibition is because of the intoxicating effect. Therefore, although not particularly mentioned in the Qura’an and Hadith, all other things which have an intoxicating effect (such as drugs etc.) will be deemed haraam as well due to the verse which prohibits khamar.

 (Tasheel Usul-ul-Shashi, P. 168, Idaratul Quran)

 

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum


Ml. Mohammad Ashhad bin Said
Correspondence Iftā Student, Mauritius

Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah

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