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Philosophy and Fundamentals of Sharī’ah for Islamic Finance
SHA0011

The idea of Qiyās is that any given rulings stipulated in the Qur’ān and
Sunnah is attributed to its respective effective cause (‘illah). Therefore,
whenever a new issue arises and it shares a similar effective cause, the
same ruling should be applicable to the latter.

Essential Elements of Qiyās and Its Conditions
a. Original Case (Aṣl): Also known as muqīs ‘alaih which refers to two
meanings. It refers to the original case or issue that has expressed
ruling in the main sources (Qur’ān and Sunnah). Second original case
refers to the original ruling that arises out of the sources.
Conditions

i. Sources of the original ruling must be established by the Qur’ān
and Sunnah.

ii. The original ruling must be a practical Sharī’ah ruling as Qiyās
only applicable to matters of fiqh.

iii. The original ruling is not abrogated (mansūkh).

iv. The original ruling is something that human intellect is capable of
understanding the reason or the effective cause that lead to
the ḥukm.

b. New Case (Far‘): Also known as muqīs and it refers to an issue which is in
need of a ruling derived from an analogical reasoning.

Conditions

i. There is uniformity of effective cause between the new case
and the original case.

ii. The application of Qiyās to a new case must not result in defeating
the law of the text.

c. Effective Cause (’llah): It refers to an attribute (waṣf) of the original
ruling (aṣl) which is the common factor shared by both issues; original and
the current one. According to the majority scholars, effective cause is an
attribute of the original ruling which is constant and evident and bears a
proper relationship to the ruling.

Conditions

i. Effective cause must be a constant attribute.

ii. Affective cause must be established by apparent or evident proof
(texts).

iii. There must be a proper relationship between the effective cause
and the Sharī’ah rulings. A proper relationship is established if it
serves the objective attributed to the ruling.

iv. The effective cause must not in any way defeating the law on the
texts.