القياس في الفقه الإسلامي

Introduction to Islamic Jurisprudence

• Islamic jurisprudence, or Fiqh, is the process of deriving rulings from Islamic sources.
• It's based on the Quran, Sunnah (teachings and practices of Prophet Muhammad), and scholarly consensus (ijma).
• Different schools of thought (madhhabs) exist, each with its own interpretations and methodologies.

Sources of Islamic Law

• Quran: The holy book of Islam, considered the primary source of law.
• Sunnah: The teachings, actions, and sayings of Prophet Muhammad, collected in Hadith.
• Ijma: The consensus of Islamic scholars on a legal issue.
• Qiyas: Analogical reasoning, a method of deriving legal rulings by comparing a new case to a similar one mentioned in sources.

Methods of Legal Reasoning

• Ijtihad: Independent reasoning to derive legal rulings based on Islamic sources.
• Qiyas (Analogical Reasoning): Establishing legal rulings for a new issue by analogy to existing rulings (with specific conditions).
• Istihsan (preference): Choosing a specific ruling based on wisdom and justice, even if a different ruling might be more literal.
• Istishab (presumption): Presuming that something is the same unless proven otherwise.

Important Legal Concepts

• Maslahah (Public Interest): Considering the benefit to society when making legal decisions.
• Urf (Custom): Local customs and traditions when deriving legal rules.
• Usul al-Fiqh (Principles of Jurisprudence): The methodologies and rules used in interpreting Islamic sources to derive legal rules.

Application of Islamic Jurisprudence

• Application in various aspects of daily life, such as transactions, family law, and personal rituals.
• Evolution of Islamic jurisprudence to address contemporary issues through various methods.