AN APPRAISAL OF THE STATUS OF QIYAS IN ISLAMIC JURISPRUDENCE

Abstract

In fact, qiyas is one of the methods of ijtihad (legal reasoning) and is not a source of law, nor is it an independent proof. This is not to point out inconsistencies. In classical Islamic legal theory, qiyas is indeed considered the fourth principle or source of law like other sources of law. However, if you look at the reality, it is actually more appropriate to position it as one of the ways of ijtihad in law making. Qiyas is a systematic process of ijtihad to uncover legal provisions. It relies entirely on other authorities, both the Qur'an and sunnah and even ijma'. The purpose of this research is to explain the position of Qiyas in Islamic law. The findings of this research are that Qiyas is one of the sources of Islamic law that is used as a basis for determining the law.