THE NATURE OF QIYAS AND ITS VALUE AS A SOURCE IN FUKAHA'S THOUGHTS ON METHOD

Abstract

There are basically two methods in the usul al-Fiqh, the Islamic Jurists' (Fuqaha) and the Theologians' (Mutakallimun). In later periods, mamzudj books were also written combining these two methods. Since the Fukaha's usul was a method first introduced by them, although there were non-hanafi scholars worked with this method, it has known for Hanafis. Regardless of the method, qiyas is one of the significant subjects of the works. The first discussion about qiyas is whether it could be used to determine the Decree (Hukm). Starting with al-Zahiri's rejection of qiyas, several debates occured between Zahiris and Hanafis. Since examining qiyas according to all scholars would exceed our article, the definition of qiyas in the Fuqaha' usul, qiyas' evidence, the objections and the answers given by the Legal Theorists (Usuliyyun) were examined. This study is carried out within the framework of al-Fusul of al-Jassas, Takvimu'l-adilla of al-Dabusi, al-Usul of Al-Bazdawi and al-Usul of Al-Sarakhsi which are the four basic works of the Fuqaha' usul. Proving method of those who reject qiyas and those who accept is the same. Both groups first brought evidence from Qur'an, then Hadith, then from the Companions and finally from the mind. Additionally, both groups examined the evidence brought by the other according to their own criteria and rejected it if it was a rational evidence and interpreted it as their own opinion if it was a verse or a authentic (sahih) hadith.