In the name of Allah, the Most Gracious, the Most Merciful. Blessings and peace be upon the noblest of the Prophets and Messengers, our Prophet Muhammad, and upon all his family and Companions.
This is a detailed summary of what was covered in this part of the explanation of Imam al-Shafi’i’s al-Risalah, focusing on the important points and clarifications, and supplemented with some additions and explanations that help in understanding the issue more deeply:
The Chapter on Analogy (paragraph 1310 onward): the definition of analogy, its conditions, and its types:
In this part, Imam al-Shafi’i addresses the topic of analogy (qiyas), explaining its definition, conditions, and types, and answering some objections that may be raised about it.
- The linguistic meaning of qiyas: returning a thing to its counterpart and likeness, that is, measuring a thing against its model. The model is the original on whose pattern something is woven.
- The technical meaning of qiyas: applying a branch to an original on account of an effective cause (‘illah) common to both.
- The original (asl): the text or the consensus, whose meaning is apparent.
- The branch (far’): the disputed issue on which there is no text.
- The effective cause (‘illah): the attribute or relevant feature shared by the original and the branch.
- An example of analogy: prohibiting other kinds of intoxicants by analogy to wine (khamr), on the common ground of intoxication. Wine is prohibited by the text of the Qur’an, and other drinks that intoxicate are joined to it by analogy because of the shared effective cause, namely intoxication.
- An objection to analogy: The questioner objects to al-Shafi’i, saying: On what basis do you say that analogy is used where there is no Book, Sunnah, or consensus?
- Analogy is not a text: Al-Shafi’i answers that if analogy were a text of the Book or the Sunnah, it would be called a text of the Book or the Sunnah and not analogy. The fact that it is called analogy is proof that it is not a text.
- The difference between analogy and ijtihad: The questioner asks: Is analogy the same as ijtihad, or are they distinct? Al-Shafi’i answers that they are two names with one meaning, that is, they are close in meaning while having some differences. Ijtihad is more general than analogy, so analogy is one of the kinds of ijtihad. Ijtihad is exerting effort and enduring hardship in seeking the truth.
- Every occurrence has a ruling: Al-Shafi’i affirms an important principle: whatever befalls a Muslim has a binding ruling, either by an explicit text or by an indication pointing to it, whether that indication is apparent or hidden and requires ijtihad and derivation.
- Following the apparent ruling, and ijtihad when there is none: Al-Shafi’i explains that if there is a specific ruling on the issue (a text or a consensus), it must be followed. If there is no specific ruling on it, its indication is sought through ijtihad, and ijtihad is analogy.
- Wondering about analogy based on comprehensive knowledge: Al-Shafi’i raises the question of the learned (that is, the mujtahid scholars): when they draw analogies on the basis of comprehensive knowledge (ihatah, grasping a thing from all its aspects), are they among those who have hit the truth in Allah’s sight? He explains that they are permitted to differ in analogy, and that they were not obligated to look at the issue from a single path but from different paths.
- The apparent and the hidden in indication: Al-Shafi’i points out that analogy is based on what is apparent in the indication (that is, what is clear), not on what is hidden.
- The difference between obligation upon oneself and upon others: He clarifies that a jurist may bind himself to a ruling that has not become preponderant enough for him to bind others with it, and this is a matter of scrupulousness (wara’).
- Analogy is a kind of ijtihad: Al-Shafi’i affirms that analogy is a kind of ijtihad, and that ijtihad is more general than analogy.
- Kinds of knowledge: Al-Shafi’i explains that knowledge has several aspects:
- Comprehensive knowledge of the apparent: what is a text of the Book or the Sunnah, transmitted by the generality of people from the generality of people. No one may be ignorant of this or doubt it.
- Knowledge of consensus: the agreement of the mujtahids of a given era on a particular issue.
- Knowledge of ijtihad by analogy: seeking to arrive at the truth through analogy. This truth is apparent to the one drawing the analogy (the mujtahid), but no one knows the unseen reality of it except Allah.
- Accepting two witnesses: Al-Shafi’i points to accepting the testimony of two witnesses in certain matters; this is true in outward terms, though error is possible in it.
- Probity in the apparent and the hidden: He clarifies that judgment is according to the apparent, while the inner reality may be otherwise. Whoever outwardly shows probity, it is permissible to marry him, to inherit from him, and to accept his testimony, and his blood is inviolable to us. As for someone whose inner disbelief we know, that is not permissible.
- A ruling differs according to knowledge: He explains that the ruling on a single person may differ according to the knowledge of him: our knowledge of him is of the apparent, while someone else’s knowledge of him may be of both the apparent and the hidden.
- A ruling differs according to causes: He clarifies that a single matter may be given different rulings because of different causes, such as the example of silk, which is forbidden for men, lawful for women, and permitted in cases of necessity.
- Admission and evidence: He points out that an admission of a right is acted upon, as is evidence established against a person.
- Sound analogy and the agreement of those drawing analogies: He explains that sound analogy usually leads those drawing analogies to agree, though they may sometimes differ. The occurrence of dispute on an issue is evidence that the ijtihad on it has not been fully refined.
Some additional benefits:
- Clarifying the importance of analogy as a source of legislation when there is no text or consensus.
- Emphasizing the necessity of grasping an issue from all its aspects before drawing an analogy on it.
- Clarifying that judgment is according to the apparent, and that knowledge of the hidden belongs to Allah the Exalted.
- Distinguishing between ijtihad and analogy.
We ask Allah the Exalted to grant us success in understanding His Book and the Sunnah of His Prophet ﷺ, and to make us among those who follow them.
All parts of Summary of the Explanation of al-Risala by Shaykh Dr. Ahmad al-Naqeeb