The Nature of Qiyas Al-Adna, Objections about It and Its Applications According to the Scholars of Usul al-Fiqh

Abstract

Qiyas (analogical reasoning), as it is known, is considered the fourth source of Shari'a (Islamic law). The scholars of Usul al-Fiqh considered Qiyas as one of the agreed-upon sources. Qiyas technically means applying a case whose rule is found in the Qur'an, Sunnah or Ijma to a case whose rule is not found in any of them on account of the equation of both cases in respect of the effective cause of the rule. The scholars of Usul al-Fiqh detailed the explanation of Qiyas, it was divided into many divisions. The opinions of scholars differed on the interpretation of some divisions, and there have also been discussions about the types of qiyas among them. For instance, Qiyas was divided into the Qiyas al-Awla (analogy of higher order), Qiyas al-Musawi (analogy of equivalent order), and Qiyas al-Adna (analogy of lower order). The scholars of Usul al-Fiqh gives the example of Qiyas al-Awla as beating parents is worse than saying 'ugh' to parents because of the similar effective cause. While the example of Qiyas al-Musawi is the Qiyas of emancipation of slaves, they compared the female slave to the male slave and gave an example that both are the same. However, an example of Qiyas al-Adna is the Qiyas of apples over barley in Riba (Usury). The Qiyas al-Awla and Qiyas al-Musawi are agreed upon by the scholars of Usul al-Fiqh, even if some of them disagree on whether it is called Qiyas or not; however, Qiyas al-Adna was objected by some scholars of Usul al-Fiqh who believed that the valid Qiyas cannot be part of the Qiyas al-Adna, because if the parallel case is not equal to the original case in the effective cause, then the Qiyas is invalid. The objection to this Qiyas continued among some contemporary scholars. Despite what was raised about Qiyas al-Adna; the researcher did not find any study that touches this subject in detail. Most of the write-up about Qiyas, past and present, discussed Qiyas al-Adna with no more than one or two lines, without answering the issues that were raised about it. Moreover, the researcher did not find the uses of Qiyas al-Adna in the branch books to show the applied aspect of it. Hence, there is a need to present an adequate study that clarifies the meaning of Qiyas al-Adna, discusses the objections that have been raised about it, clarifies its relationship to other divisions of Qiyas, and deals with its application. The researcher used the analytical method and referred to the most important classical and modern Usul al-Fiqh sources. The study concluded by saying that the Qiyas al-Adna is used in two senses: one of them is that in which the original case is more deserving of ruling than the parallel case, and this inferiority is in terms of the ruling, not in terms of effective cause; as it is impossible for the effective cause in the parallel case to be weaker than the original case, but the inferiority is that in original case, there are multiple valid descriptions of the effective cause, so if the mujtahid preferred one of them, he made it the effective cause, then he appended the parallel case to the original case on the basis of the equality between effective causes. This appendage is based on conjecture, this is because the ruling in the original case is stronger as it has all possible descriptions of the attic, while the parallel case may have only one description among them. The Qiyas al-Adna in the second sense is that in which the effective cause in the parallel case is weaker than the original case, so the effective cause in the original case is stronger, hence, it does not undermine the validity of the Qiyas; since the requirement is the presence of the effective cause in the parallel case, and this does not contradict the fact that it may be weaker or stronger in the parallel case. Among the findings of the research is also that the objections that were directed to the Qiyas al-Adna are weak because they are based on the fact that inferiority means the weakness of the effective cause in the parallel case, and that this requires the establishment of the difference between the original case and the parallel case. The answer is that equality between the original case and the parallel case is sufficient for it to be in the type of effective cause. It is not required to be equal in strength and intensity. As for the newly directed objections to the Qiyas al-Adna, they are also weak. As it is unfair to divide the Qiyas into the Qiyas al-Awla and Qiyas al-Musawi only, and what the objectors said that the scholars of Usul al-Fiqh did not mention a correct example of the Qiyas al-Adna is contrary to the reality, as many examples exist. As for the claim that the scholars of Usul al-Fiqh invented the division of the Qiyas al-Adna just to defend the Qiyas of their imams; this claim lacks evidence, the scholars of Usul al-Fiqh have the persuasive justifications that prompted them to accept this division. The research showed that the discussion of the jurists about Qiyas al-Adna was not devoid - despite its brevity - of benefit. The research also concluded that the jurists has taken the term as meaning that the original case is more entitled ruling than the parallel case, because the effective cause in the original case is stronger. This means that the inferiority of the Qiyas among the jurists is in terms of the effective cause, and they did not mean by the term merely that the Qiyas was presumptive, therefore, it is found that they use this term in the objection; because they saw that the Qiyas al-Adna cannot be reached with the possibility of making the Qiyas al-Musawi.