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KembaraXtra–Islamic Finance – 50 Examples of Qiyās (Analogical Reasoning)


Introduction

Qiyās is a method of legal reasoning in Islamic law where a ruling for a new case is deduced by drawing an analogy with an established case from the Qur’an or Sunnah. The jurist identifies:


  1. Asl (original case with ruling).
  2. Far‘ (new case requiring ruling).
  3. ‘Illah (effective cause/reason behind the ruling).
  4. Hukm (legal ruling extended to the new case).




Qiyās ensures Islamic law remains dynamic and adaptable to new situations, especially in finance, commerce, and modern societal issues.


50 Examples of Qiyās​

  1. Wine is prohibited (asl) → modern narcotics (far‘) → both intoxicate (‘illah) → narcotics prohibited.
  2. Riba in gold-for-gold trade (asl) → cryptocurrency-for-cryptocurrency trade (far‘) → both are mediums of exchange (‘illah) → must be equal and on the spot.
  3. Inheritance shares for daughters (asl) → shares for granddaughters (far‘) → same kinship principle (‘illah) → similar application.
  4. Ban on gambling (asl) → modern lottery tickets (far‘) → both are games of chance (‘illah) → lottery prohibited.
  5. Prohibition of fraud in weights (asl) → tampering with digital scales (far‘) → same injustice (‘illah) → prohibited.
  6. Prohibition of Riba in silver loans (asl) → prohibition in bank interest (far‘) → both involve unjustified excess (‘illah) → prohibited.
  7. Selling fruits before ripening forbidden (asl) → selling pre-launch IPO shares with uncertainty (far‘) → gharar (‘illah) → not allowed.
  8. Zakat on camels (asl) → zakat on trucks used for transport business (far‘) → both generate wealth (‘illah) → zakat obligatory.
  9. Prohibition of wine (asl) → prohibition of cannabis drinks (far‘) → both intoxicate (‘illah) → prohibited.
  10. Command to honor parents (asl) → command to honor grandparents (far‘) → both are direct lineage (‘illah) → required.
  11. Ban on selling what one does not own (asl) → ban on selling stocks not yet purchased (far‘) → both speculative (‘illah) → prohibited.
  12. Obligation of paying wages on time (asl) → paying freelance workers digitally (far‘) → both involve hired labor (‘illah) → obligatory.
  13. Prohibition of hoarding food (asl) → hoarding medical supplies (far‘) → both harm public (‘illah) → prohibited.
  14. Punishment for theft (asl) → cyber theft (far‘) → both unjustly take property (‘illah) → punishment applicable.
  15. Ban on selling dead animals (asl) → ban on selling roadkill meat (far‘) → both are impure (‘illah) → prohibited.
  16. Prohibition of Riba in barley (asl) → prohibition in rice (far‘) → both staple foods (‘illah) → equal exchange only.
  17. Right of neighbor in wall use (asl) → right of tenant in shared utilities (far‘) → both involve shared property (‘illah) → allowed.
  18. Ban on bribery in judiciary (asl) → bribery in business contracts (far‘) → both corrupt fairness (‘illah) → prohibited.
  19. Obligation of paying blood money (asl) → compensation for car accident death (far‘) → both cause harm (‘illah) → obligation applies.
  20. Prohibition of unjust trade (asl) → pyramid schemes (far‘) → both exploit (‘illah) → prohibited.
  21. Ban on gold-for-gold with difference (asl) → ban on dollar-for-dollar with markup (far‘) → both currency exchange (‘illah) → must be equal.
  22. Obligation of zakat on crops (asl) → obligation on hydroponic farming (far‘) → both produce food (‘illah) → zakat due.
  23. Ban on selling birds in the sky (asl) → selling fishing rights without catch (far‘) → both uncertain (‘illah) → prohibited.
  24. Ban on making wills for more than 1/3 (asl) → modern estate planning beyond 1/3 (far‘) → both exceed limit (‘illah) → invalid.
  25. Ban on adultery (asl) → ban on online sexual exploitation (far‘) → both violate chastity (‘illah) → prohibited.
  26. Prohibition of false witness (asl) → lying in court via email (far‘) → both false testimony (‘illah) → haram.
  27. Ban on selling grape juice if intended for wine (asl) → ban on selling chemicals for drug-making (far‘) → both facilitate haram (‘illah) → prohibited.
  28. Ban on animal cruelty (asl) → ban on lab testing causing torture (far‘) → both inflict suffering (‘illah) → prohibited.
  29. Obligation of Friday prayer (asl) → obligation of online khutbah attendance if mandated (far‘) → both fulfill community worship (‘illah).
  30. Ban on women wearing gold for trade cheating (asl) → ban on fake jewelry scams (far‘) → both involve deceit (‘illah).
  31. Prohibition of interest in debts (asl) → prohibition of late payment penalties structured as interest (far‘) → both are excess (‘illah).
  32. Ban on fortune-telling (asl) → ban on AI-based astrology apps (far‘) → both claim unseen knowledge (‘illah).
  33. Ban on selling idols (asl) → ban on selling pornography (far‘) → both promote immorality (‘illah).
  34. Ban on intoxicating drinks (asl) → ban on vaping with THC (far‘) → both intoxicate (‘illah).
  35. Ban on Gharar in salam contract (asl) → ban on unbacked crypto speculation (far‘) → both uncertain (‘illah).
  36. Prohibition of unjust enrichment (asl) → prohibition of insider trading (far‘) → both unfair gain (‘illah).
  37. Ban on using false weights (asl) → ban on software manipulating trading prices (far‘).
  38. Ban on mutilating dead bodies (asl) → ban on organ trafficking (far‘) → both dishonor humanity.
  39. Ban on marrying stepmother (asl) → ban on marrying foster mother (far‘) → both maternal relation (‘illah).
  40. Ban on cheating in exams (asl) → ban on AI-aided plagiarism (far‘) → both dishonesty (‘illah).
  41. Ban on using mosque for trade (asl) → ban on using zakat funds for profit (far‘).
  42. Ban on profiting from haram trade (asl) → ban on halal food mixed with haram knowingly (far‘).
  43. Obligation of hijab for modesty (asl) → obligation to avoid explicit online exposure (far‘).
  44. Ban on talaq during menstruation (asl) → ban on talaq during pregnancy (far‘) → both harmful timing.
  45. Ban on Riba in deferred exchange (asl) → ban on credit cards with interest (far‘).
  46. Ban on prostitution (asl) → ban on paid surrogacy contracts (far‘) when commodifying body.
  47. Ban on selling dogs (asl) → ban on selling endangered wildlife (far‘).
  48. Ban on consuming carrion (asl) → ban on GM meat if harmful (far‘).
  49. Ban on unjust inheritance denial (asl) → ban on digital wills excluding heirs (far‘).
  50. Ban on slavery (asl) → ban on modern human trafficking (far‘).
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