Kembara Finance - Qiyas
Qiyas is synonymous with analogous thinking. Analogical reasoning, also known as Qiyas, is the tool that is both the most important and the most useful among all of the secondary sources. Generally speaking, qiyas refers to the legal approach of extending the law beyond what is specified in the official legal sources. qiyas is a legal procedure. It is not the creation of an entirely new decision; rather, it is an extension of a precedent that was already established. In order to accomplish this, it is required to either make a comparison between what is discussed in the legal texts and a new issue or to create a parallel between the two. This is known as ‘Illah or ratio decidendi, loosely translated as the ‘reason’. The verdict (Hukm) of the original case is applied to the assimilated case once it is determined that both the original case and the assimilated case involve the same "reason." As a direct consequence of this, the solution to the new problem is the same as the one to the original one. The danger of becoming intoxicated is the rationale behind the prohibition of wine. The legal basis for strict needs to exchange some food products pertains to the nature of these goods, specifically main foods rather than individual items, as described in the relevant Tradition of Prophet Muhammad. This is the case when there are strict obligations to exchange certain food items. In the case of Donoghue v. Stevenson, it was decided that negligence has taken place when someone has a duty of care but has breached that obligation, which as a result has caused harm to another party. This was the holding of the court. Qiyas is the most widely accepted instrument and legal procedure, despite the fact that it is founded on reasoning and has an inherently speculative quality. In comparison to other methods of legal reasoning, this one is more methodical and has a lower degree of arbitrariness. This is because its internal system and processes remove the need for the application of Qiyas to rely solely on one's own discretion or whims, which is why it has this effect. The relevant "reason" or "illah" that is applicable in the appropriate context can be attributed to the meticulous technique and methods that were utilized to establish it. Not only does Qiyas help the jurist uncover and discover the correct 'Illah, ratio decidendi, or reason that is included in the textual evidence, but it also helps the jurist make sure that this ratio is applied to the appropriate context and circumstance. This is done to prevent the finding of an inappropriate cause or the identification of a suitable explanation that has been inappropriately applied to an inappropriate scenario. It is abundantly clear that discovering the appropriate cause does not automatically ensure the appropriate application of the legal rule to a new circumstance. As a result, the most important thing is to identify the aspect of resemblance that justifies the transfer of the rule from one situation to another, because it is this aspect that decides whether or not the conclusion is correct.
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