Qiyas bil-Wajh al-Shar'i

Qiyas Based on Shari'ah

The second mistake made by Satan was that this ignorant one considers God to be ignorant, that God considers the superior to be lesser than the inferior and commands him to prostrate to him. Actually, this ignorant one does not consider God to be Wajib al-Ita'at (the One Whose obedience is obligatory), therefore he considers His command to be wrong and unjust too. Look! What is the result of not obeying one command of God? He became eternally rejected from the Divine Court.

O people! Ponder a little! Satan refused to prostrate to Adam, but did he refuse to prostrate to God? What will be the state of those people who do not pray and do not prostrate to God? These disciples of Satan are not any less than their master, but rather, they are somewhat more.

قَالَ اللّٰهُ تَعَالٰی : فَاعْتَبِرُوْا يَا اُولِى الْاَبْصَارِ - (حشر - آیت 2)

Vocabulary: فَ; then. اِعْتَبِرُوْا; is the plural imperative form. You take heed, trust. اُولِى; owner, one possessing. Translation: Allah Almighty said, O people of vision! (people of insight) take heed (from the apparent to the hidden). Make Qiyas from the brief to the detailed, from the origin to the objective, deduce the rulings, understand the objectives.

اَفَلَا يَتَدَبَّرُوْنَ الْقُرْاٰنَ وَلَوْ كَانَ مِنْ عِنْدِ غَيْرِ اللّٰهِ لَوَجَدُوْا فِيْهِ اخْتِلَافًا كَثِيْرًا - (النسآء - آیت 82)

Vocabulary: اَفَلَا يَتَدَبَّرُوْنَ الْقُرْاٰنَ; then do they not ponder over the Qur'an. وَلَوْ; and if. كَانَ; it was. عِنْدِ; near. with. مِنْ عِنْدِ غَيْرِ اللّٰهِ; from someone other than Allah. from anyone else besides God. لَ; surely. لِ; for. لَا; no. وَجَدَ; found, came to know. لَوَجَدُوْا; they would surely find. فِيْهِ; in it (in the Qur'an). اِخْتِلَافًا كَثِيْرًا; much contradiction. Translation: Do they not ponder over the Qur'an? If the Qur'an had descended (been revealed) from anyone other than Allah, they would surely find much contradiction in it (there would be contradiction).

O people! But there should be reflection too, they should reflect and ponder! What happens by making empty guesses in the dark? Good people, if they do not understand something, they would ask the Noble Prophet ﷺ and the scholars.

وَقَالَ اللّٰهُ تَعَالٰی : وَلَوْ رَدُّوْهُ إِلَى الرَّسُوْلِ وَإِلٰی اُولِى الْاَمْرِ مِنْهُمْ لَعَلِمَهُ الَّذِيْنَ يَسْتَنْبِطُوْنَهُ مِنْهُمْ - (النسآء - آیت 83)

Vocabulary: وَلَوْ رَدُّوْهُ; and if they had referred it, returned to it. رَدُّ; originally was رَدَدَ. One 'dal' was merged into the other (joined). The meaning of رَدَّ is to move away from oneself, to refer it from oneself to another. اُولِى الْاَمْرِ; people of

Translation: And Allah Most High says: *"If they had referred it back to the Messenger and to those of authority among them, then those of them who can draw correct conclusions from it would have known it."* (Here, "those of authority" refers to the scholars who are the ones who know, and it is the work of scholars to draw conclusions, to deduce rulings, to extract commands).

وَقَالَ اللّٰهُ تَعَالَى: وَالَّذِيْنَ جَاهَدُوْا فِيْنَا لَنَهْدِيَنَّهُمْ سُبُلَنَا۔ (عنکبوت ۔ آیت ٦٩)

Lughat (Vocabulary): وَالَّذِيْنَ جَاهَدُوْا; and those people who strove, made efforts. فِيْنَا; regarding Us, regarding Our aims and objectives. لَنَهْدِيَنَّهُمْ; We surely guide them, grant them success. سُبُلَنَا; Our ways.

Translation: And Allah Most High says: *"And those who strive in Us (Our cause), We will surely guide them to Our ways."*

عَنْ اَبِىْ سَعِيْدِ الْخُدْرِيِّ قَالَ: خَرَجَ رَجُلَانِ فِىْ سَفَرٍ فَحَضَرَتِ الصَّلٰوةُ وَلَيْسَ مَعَهُمَا مَاءٌ ۔ فَتَيَمَّمَا صَعِيْدًا طَيِّبًا فَصَلَّيَا ثُمَّ وَجَدَا الْمَاءَ فِى الْوَقْتِ فَاَعَادَ اَحَدُهُمَا الصَّلٰوةَ بِوُضُوْءٍ وَّلَمْ يُعِدِ الْاٰخَرُ ثُمَّ اَتَيَا رَسُوْلَ اللّٰهِ صَلَّى اللّٰهُ عَلَيْهِ وَسَلَّمَ ۔ فَذَكَرَا ذٰلِكَ فَقَالَ لِلَّذِىْ لَمْ يُعِدْ "اَصَبْتَ السُّنَّةَ وَاَجْزَءَتْكَ صَلٰوتُكَ" وَقَالَ لِلَّذِىْ تَوَضَّاَ وَاَعَادَ "لَكَ الْاَجْرُ مَرَّتَيْنِ"۔ (رَوَاهُ اَبُوْدَاوُدَ وَالدَّارِمِىُّ وَرَوَى النَّسَائِيُّ نَحْوَهُ وَقَدْ رَوَى هُوَ اَبُوْ دَاوُدَ اَيْضًا عَنْ عَطَاءِ بْنِ يَسَارٍ مُرْسَلًا - مشکوة)

Lughat (Vocabulary): اَصَبْتَ; you reached the truth. اِصَابَةٌ; reward, truth, correct, reached. اَلْوَقْتُ; that time.

Translation: It is narrated from Hazrat Abu Saeed Khudri (RA), he said, two men set out on a journey and the time for prayer arrived, and they did not have water with them. So they performed Tayammum with clean (pure) earth and prayed. Then they found water within the time (of that prayer). So one of them repeated the prayer after performing Wudu, and the other did not repeat it. Then they came to the Messenger of Allah ﷺ and mentioned that (incident). So He ﷺ said to the one who did not repeat, "You followed the Sunnah, and your prayer was sufficient for you." And He ﷺ said to the one who performed Wudu and repeated, "For you is a double reward."

(This Hadith is narrated by Abu Dawud and Darimi, and Nasai has also narrated something similar, and Abu Dawud has also narrated it as Mursal from Ata bin Yasar in Mishkat). ("Mursal" is that Hadith in which a Sahabi and a narrator are not explicitly named).

اِذَا حَكَمَ الْحَاكِمُ فَاجْتَهَدَ فَاَصَابَ فَلَهُ اَجْرَانِ وَاِذَا حَكَمَ فَاجْتَهَدَ فَاَخْطَاَ فَلَهُ اَجْرٌ وَاحِدٌ ۔ (حم ق دن ه عن عمرو بن العاص - حم ق عد عن ابى هريرة - كنز - ج ۳ - ص ۱۸۹)

Translation: When a judge passes a ruling and strives to his utmost limit, and if it turns out to be correct, then there are two rewards for him. And if a judge passed a ruling and strove to his utmost limit (Ijtihad) but this striving proved to be wrong, a mistake occurred, then because of his effort and his good intention, he will get one reward. (حم is an indication from Ahmad that they have narrated this Hadith in their book of Hadith "Musnad". د means Hazrat Abu Dawud. ن is Nasai. ه is Ibn Majah. ق means Imam Bukhari and Imam Muslim. عد means Ibn Uday has narrated this Hadith in "Kamil". This Hadith has been narrated by the aforementioned Muhaddithin, and this Hadith is on page 55 of Mishkat, and it is also on page 189 of the third volume of Kanz al-'Ummal. This is narrated from Amr bin al-As (RA) and Hazrat Abu Huraira (RA)).

عَنْ عَمْرِو بْنِ الْعَاصِ اَنَّهُ سَمِعَ رَسُوْلَ اللّٰهِ صَلَّى اللّٰهُ عَلَيْهِ وَسَلَّمَ يَقُوْلُ "اِذَا حَكَمَ الْحَاكِمُ فَاجْتَهَدَ ثُمَّ اَصَابَ فَلَهُ اَجْرَانِ وَاِذَا حَكَمَ فَاجْتَهَدَ ثُمَّ اَخْطَاَ فَلَهُ اَجْرٌ" ۔ (رواه البخارى تجريد - ج ٢)

Lughat (Vocabulary): اَجْرَانِ; two rewards, double reward, double compensation.

Translation: It is narrated from Hazrat Amr bin al-As (RA) that he heard the acceptable Messenger ﷺ saying that "When a judge passes a ruling in any matter and in this he puts in his utmost effort and reflection and his Ijtihad turns out to be correct, then in such a case Allah Most High will give two rewards, a double compensation, to this judge in exchange for issuing the ruling of this matter. One reward is for explaining the matter, the second reward is given in exchange for the utmost reflection and pondering upon the intricate things in this matter. And when a judge passes a ruling on a matter and in this he puts in his utmost effort, but the matter that became known through his reflection, incidentally became wrong. If a mistake occurs in it, then too Allah Most High will give him one reward." (This Hadith has been narrated by Hazrat Imam Bukhari (RH) and it is written on page 103 of Tajrid al-Bukhari under number two).

O friends! Remember this point that your personal motive should not interfere, and your opinion should not be ever separated from the facts.

عَنْ عَبْدِ اللّٰهِ بْنِ عُمَرَ رَضِيَ اللّٰهُ عَنْهُمَا قَالَ قَالَ النَّبِيُّ صَلَّى اللّٰهُ عَلَيْهِ وَسَلَّمَ لَمَّا رَجَعَ مِنَ الْاَحْزَابِ ”لَا يُصَلِّيَنَّ اَحَدٌ الْعَصْرَ اِلَّا فِىْ بَنِىْ قُرَيْظَةَ“ فَاَدْرَكَ بَعْضَهُمُ الْعَصْرُ فِى الطَّرِيْقِ فَقَالَ بَعْضُهُمْ لَا نُصَلِّىْ حَتّٰى نَأْتِيَهَا - وَقَالَ بَعْضُهُمْ بَلْ نُصَلِّىْ لَمْ يُرِدْ مِنَّا ذَالِكَ - فَذَكَرُوْا ذٰلِكَ لِلنَّبِيِّ صَلَّى اللّٰهُ عَلَيْهِ وَسَلَّمَ فَلَمْ يُعَنِّفْ اَحَدًا مِنْهُمْ - (رواہ البخاری تجرید ص - ۲۲۳)

Lughat (Vocabulary): اَحْزَابٌ; plural of حزب (Hizb), party. The Battle of Ahzab had many groups gathered in one place, so its name became Ahzab. اَدْرَكَ; reached. لَمْ يُعَنِّفْ; did not reprimand. عُنْفٌ; harshness.

Translation: Hazrat Abdullah bin Umar (RA) narrated that when the Prophet ﷺ returned from the Battle of Ahzab, He said, *"None of you should pray Asr except at (the land of) Banu Qurayza."* Then the time of Asr reached some people on the way. So some of them said, "We will not pray until we reach Banu Qurayza," and some said, "(No!) We will certainly pray, the Messenger of Allah ﷺ did not intend this for us that the time arrives and we do not pray, but His intention is that we reach (there) on time." The people mentioned this matter before the noble Prophet ﷺ, and He ﷺ did not reprimand anyone, did not express displeasure. (Bukhari has narrated this Hadith. This Hadith is also on page 223 of Tajrid al-Bukhari).

O friends! After Uhud, in this battle between Muslims and polytheists, no decisive result was produced. Therefore, many tribes had gathered to fight against Hazrat and the Muslims. Banu Qurayza was a tribe of Jews. There was an agreement with them from the Messenger of Allah ﷺ that they would help each other and fight the enemies. Banu Qurayza joined the polytheists and came to fight the Muslims. When the Battle of Ahzab also ended inconclusively and the enemy went to their places, the Messenger of Allah ﷺ ordered the Muslims to reach quickly to punish Banu Qurayza for their treachery. The Muslims were traveling, and on the way, the time of Asr arrived. Now people became of different opinions. Some said that we will abide by the words of the noble Prophet ﷺ and we will not pray until we reach Banu Qurayza, and some said that Hazrat's intention is that we reach exactly on time. This is never His intention that the time of prayer arrives and we do not read the prayer before reaching Banu Qurayza even if it is possible. These people are drawing a conclusion (Qiyas), from their sound intellect, from the objective of the noble Prophet ﷺ that we should pray on time. It did not happen at all that the time of Asr passed and some prayed after it, rather some people who did not read the prayer on the way, they too read it at Banu Qurayza, but those who inferred from their sound intellect that the time of Asr is passing so they read it on the way. The noble Prophet ﷺ did not reprimand either of them. Did you see! Those who made inference, using their sound intellect, did not understand the purpose of the noble Prophet ﷺ to be that the prayer time should pass and they should not pray before reaching Banu Qurayza, although this was possible. They acted upon inference (Qiyas), and some people restricted themselves to the words of the Messenger of Allah ﷺ. He ﷺ did not object to anyone. Some people followed the outward meaning, and some acted according to the spirit of the command. The summary of this Hadith is that if the intellect is sound, its use is permissible. There should be good intention and good faith. Only the purpose of truth should be in view.

...reached the time of Asr and read the prayer of Asr on time. Due to this reason the Messenger of God ﷺ did not reprimand anyone.

O friends! Solving issues of the Shariah, reflecting upon the points of an intricate issue to make it easy to understand for the general Muslims is not the work of every person. A scholar of religion must have a grasp of Arabic literature. To master the Arabic language, knowledge of vocabulary, idioms, syntax, morphology, and rhetoric is needed. For the comprehension of the Noble Qur'an, awareness of the principles of Tafsir is necessary. Before the explanation of Hadith, the knowledge of the principles of Hadith and Asma-ur-Rijal is essential. For the deep understanding of Fiqh, one cannot do without the principles of Fiqh, logic, issues of Ijma, and understanding the differences of the Imams. After knowing the new issues of the time, awareness of secrets and objectives of religion, in short, after knowing dozens of matters and creating the ability to use them correctly, only then a "Hukm-e-Shar'i" (Islamic ruling) can be known. Then, among the scholars, some are "Mujtahid-e-Mutlaq". They have independent opinions; they have a particular temperament, their own specific Ijtihad and a specific way of reasoning. They have a school (school of thought). They have specific principles. Some are "Mujtahid fi al-Madhhab". Their teacher has a great influence on them. Sometimes they hold differences with their teacher in principles. In derivative matters (Furu'), they remain upon their own Ijtihad. Some scholars are "Mujtahid fi al-Mas'alah", who perform Ijtihad while being subordinate to the principles of their Shaykhs, meaning if in some intricate issue a new situation arises and there is no detailed ruling available from the early scholars, then through their deep understanding, circumstances, and context they can give its answer, but this ruling of theirs is not based upon personal thoughts or feelings of the heart, rather they reflect deeply upon Ahadeeth, and if any authentic Hadith is found in support, only then they give such a Fatwa so that there is correct guidance for action. Even if at first glance, their decision or Fatwa appears contrary to the opinion of their teachers or the pious predecessors. "Ashab-e-Istinbat" (Those who derive rulings): These people cannot do personal research from the Qur'an and Ahadeeth themselves, but from their Madhhab and the general principles of their school, they make explanations. They extract rulings for derivative issues. "Ashab-e-Tarjeeh" (Those who give preference): Some people have less power of discrimination. Based on this, such people give preference to one statement among various statements. Some are called "Mufti". Those who extract derivative rulings from books of Fiqh. These people are originally transmitters (Naqil). Their personal effort is only to the extent of searching for the answer to the issue from books. In their view, the door to research and derivation has been closed. They consider every new thing as Haram and impermissible. Such people exist among the Shafi'is, Malikis, Hanbalis, and Hanafis as well. In the era of the Sahaba (RA) too, there was a difference of opinion, but they did not consider each other "Batil" (false) or "Be-Deen" (religion-less). The Imams, despite mutual differences, used to read prayer behind one another, but unfortunately, what kind of time has come? "Ameen bil Jahr" (Saying Ameen aloud) or "Rafa al-Yadayn" (Raising the hands in prayer) the mosque of those who do this is separate, and the mosque of the Hanafi and Shafi'i is separate. They refuse to read prayer behind one another. And they get their mutual fights and disputes decided by non-Muslims, and whatever the non-Muslims decide, they have to accept it. *Chun nadidand haqiqat rah-e-afsana zadand* (When they did not see the truth, they struck the path of fiction/tales). We have mentioned in several places that a Mujtahid-e-Mutlaq has a school (school of thought). They have their specific principles.