Qiyas vs. Ijtihad — What's the Difference?
By Fiza Rafique & Maham Liaqat — Updated on May 13, 2024
Qiyas involves deriving legal rulings from existing sources by analogy, focusing on established precedents; whereas, Ijtihad is independent reasoning based on all Islamic law sources, emphasizing personal judgment.
Difference Between Qiyas and Ijtihad
Table of Contents
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Key Differences
Qiyas, in Islamic jurisprudence, refers to the process of analogical reasoning where a ruling for an unaddressed issue is based on its similarity to another legally resolved issue. This approach relies heavily on established precedents within Islamic law. In contrast, Ijtihad represents a broader method of legal reasoning that involves independent judgment to derive laws from the Quran, Hadith (sayings and actions of Prophet Muhammad), and other Islamic texts. Ijtihad does not confine itself to analogical reasoning but encompasses a wider array of jurisprudential tools.
Qiyas is primarily used when the Quran and Hadith do not provide direct guidance on a specific matter. It allows scholars to draw parallels between known teachings and new problems based on the underlying rationale of the Sharia (Islamic law). Ijtihad, on the other hand, may be applied more broadly, including situations where qiyas would be used but also in scenarios requiring innovative interpretations where no clear precedent exists.
Both qiyas and ijtihad are rooted in the aim to ensure Islamic law remains relevant and applicable in changing circumstances. However, qiyas is somewhat restricted to the boundaries of known cases and analogies, whereas ijtihad allows for more explorative and creative approaches to Islamic jurisprudence. This flexibility makes ijtihad particularly valuable in contemporary issues that were unforeseeable in earlier Islamic history.
Qiyas often depends on a detailed understanding of previous legal decisions and the specific reasons behind those decisions. This dependency limits its scope to matters closely related to the existing rulings. Conversely, ijtihad can be practiced by qualified jurists (mujtahids) who utilize their extensive knowledge of Islamic law to address completely new issues, often without direct precedents.
While both methodologies seek to preserve the core principles and values of Islam, they do so in different manners. Qiyas adheres closely to tradition and the interpretations of earlier Islamic scholars, providing continuity and stability. Ijtihad, however, emphasizes adaptability and the capacity to address the unique challenges of modern society through fresh legal perspectives.
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Comparison Chart
Definition
Analogical reasoning based on established rulings
Independent reasoning from Islamic law sources
Basis
Existing Islamic texts and precedents
Quran, Hadith, and other texts
Scope
Limited to similarities with known issues
Broad, covering new and unprecedented issues
Dependency
Relies on past rulings
Utilizes personal judgment and scholarly knowledge
Role in Islamic Jurisprudence
Ensures continuity within Islamic law
Provides flexibility and adaptation to modernity
Compare with Definitions
Qiyas
Qiyas is dependent on the identification of a common cause (‘illa) in both the original and new case.
Qiyas was used to forbid new financial scams by analogizing them with traditional forms of economic deception.
Ijtihad
Ijtihad is practiced by mujtahids, who are scholars qualified to perform independent reasoning.
Through ijtihad, a mujtahid might develop Islamic guidelines for online privacy.
Qiyas
Qiyas is a method of Islamic legal reasoning to extend existing rulings to new situations by analogy.
Using qiyas, Islamic scholars might determine the ruling on smoking by comparing it to the prohibition of harm, similar to alcohol.
Ijtihad
Ijtihad involves deep scholarly work across various Islamic law sources.
A mujtahid uses ijtihad to interpret the implications of genetic testing on paternity issues in Islam.
Qiyas
Qiyas is limited to the interpretation of issues directly analogous to those previously resolved.
Qiyas might not apply to modern technology issues that have no clear analogues in classical texts.
Ijtihad
Ijtihad can lead to new jurisprudential insights and rulings.
Ijtihad has been applied to address bioethical questions in medical treatments.
Qiyas
Qiyas relies on established legal precedents to deduce rulings.
In qiyas, the prohibition of drugs is derived analogically from alcohol due to similar intoxicating effects.
Ijtihad
Ijtihad is the exertion of a jurist's thorough understanding to deduce legal rulings.
Ijtihad allows for innovative rulings on issues like artificial intelligence within Islamic law.
Qiyas
Qiyas operates within the framework of classical Islamic jurisprudence.
Scholars perform qiyas to apply historical Islamic rulings to contemporary issues like genetic engineering.
Ijtihad
Ijtihad is essential for adapting Islamic jurisprudence to contemporary challenges.
Ijtihad provides the basis for contemporary Islamic responses to global warming and environmental conservation.
Qiyas
In Islamic jurisprudence, qiyās (Arabic: قياس) is the process of deductive analogy in which the teachings of the hadith are compared and contrasted with those of the Quran, in order to apply a known injunction (nass) to a new circumstance and create a new injunction. Here the ruling of the Sunnah and the Quran may be used as a means to solve or provide a response to a new problem that may arise.
Ijtihad
Ijtihad (Arabic: اجتهاد ijtihād, [ʔidʒ.tihaːd]; lit. physical or mental effort, expended in a particular activity) is an Islamic legal term referring to independent reasoning or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question.
Qiyas
(Islam) The use of analogy as precedent in Shari'a jurisprudence.
Ijtihad
(Islam) The process of Muslim jurists or scholars making a legal or scientific judgment by independent reasoning from the Qur'an and the Sunna; discretion.
Ijtihad
The endeavor of a Moslem scholar to derive a rule of divine law from the Koran and Hadith without relying on the views of other scholars; by the end of the 10th century theologians decided that debate on such matters would be closed and Muslim theology and law were frozen;
Some reform-minded Islamic scholars believe that reopening itjihad is a prerequisite for the survival of Islam
Common Curiosities
What qualifies a scholar to perform ijtihad?
A scholar must be deeply knowledgeable in the Quran, Hadith, and Islamic jurisprudence, and recognized as a mujtahid by the Islamic scholarly community.
What is the primary purpose of qiyas in Islamic law?
Qiyas aims to apply established Islamic rulings to new issues by drawing analogies with the original case.
How does ijtihad contribute to the evolution of Islamic law?
Ijtihad allows Islamic law to evolve by integrating contemporary knowledge and societal changes, ensuring the religion remains relevant and practical.
What are the limitations of ijtihad?
The limitations of ijtihad include the requirement of high scholarly competence and the potential for differing opinions among jurists, which can lead to legal pluralism.
How does ijtihad differ from qiyas in its application?
Ijtihad involves a broader, more independent form of reasoning that is not strictly limited to analogical reasoning, allowing for innovative solutions to modern problems.
Can qiyas be applied to any new issue in Islamic jurisprudence?
Qiyas can only be applied when there is a clear and direct analogy to an existing ruling, limiting its scope to comparable situations.
Is ijtihad open to reinterpretation with changing times?
Yes, ijtihad is particularly valued for its adaptability and capacity to address new circumstances as they arise, reflecting contemporary challenges and advancements.
Why is qiyas considered important in maintaining the continuity of Islamic law?
Qiyas helps preserve the integrity and consistency of Islamic legal principles by ensuring that new rulings are firmly rooted in the established jurisprudence.
Can a ruling derived through qiyas be overturned?
Yes, a ruling derived through qiyas can be overturned if new evidence or interpretations emerge that provide a better understanding of the Sharia.
How does the community benefit from qiyas?
By using qiyas, the community benefits from decisions that are consistent with established Islamic teachings, ensuring legal and moral continuity.
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Written by
Fiza RafiqueFiza Rafique is a skilled content writer at AskDifference.com, where she meticulously refines and enhances written pieces. Drawing from her vast editorial expertise, Fiza ensures clarity, accuracy, and precision in every article. Passionate about language, she continually seeks to elevate the quality of content for readers worldwide.
Co-written by
Maham Liaqat