THE RELEVANCE OF QIYAS (ANALOGICAL DEDUCTION) AS A SOURCE OF ISLAMIC LAW IN CONTEMPORARY TIME
ABSTRACT
Islamic Law covers every sphere of human endeavor. It comprises
of the primary and the secondary sources of Law. The former consists of
the Qur’an and the sunnah, to which all the jurists are at ad-idem. Qiyas
is the second secondary source.
However, there are divergent opinions
amongst the jurists as to whether it can stand as a source or not.
It is in view of this that the choice of the topic of this thesis namely
The Relevance of Qiyas (Analogical Deduction) As a Source Of
Islamic Law In Contemporary Time.
Scholars of earlier times and the contemporary ones differ as
regards to Qiyas been a source of Islamic law or not. The question
however is: are the opinions different in essence? It is this fundamental
question and others that this thesis will examine.
The aim of the research is to analyze the different opinions of the
scholars. Also to clarify some fundamental controversial issues as relates
to our present day world. Also, to show that Islamic law is not rigid and
barbaric as misconceived by some people. Hence, it can be applied to
solve modern day needs brought about by rapid development achieved
due to break -through in technology.
Observation in this research work
shows that Qiyas is a correctly accepted source of Islamic law and the
opponent of the above view are indirectly using Qiyas as a source of
Islamic law. It has been observed that Muslims abandoned Qiyas and
believed that they were solving their legislative problems. However, all
they succeeded in doing was crip
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