THE RELEVANCE OF QIYAS (ANALOGICAL DEDUCTION) AS A SOURCE OF ISLAMIC LAW IN CONTEMPORARY TIME

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THE RELEVANCE OF QIYAS (ANALOGICAL DEDUCTION) AS A SOURCE OF ISLAMIC LAW IN CONTEMPORARY TIME

 

ABSTRACT

Islamic Law covers every sphere of human endeavor. It comprises of the primary and the secondary sources of Law. The former consists of the Qur’an and the sunnah, to which all the jurists are at ad-idem. Qiyas is the second secondary source. However, there are divergent opinions amongst the jurists as to whether it can stand as a source or not. It is in view of this that the choice of the topic of this thesis namely The Relevance of Qiyas (Analogical Deduction) As a Source Of Islamic Law In Contemporary Time. Scholars of earlier times and the contemporary ones differ as regards to Qiyas been a source of Islamic law or not. The question however is: are the opinions different in essence? It is this fundamental question and others that this thesis will examine. The aim of the research is to analyze the different opinions of the scholars. Also to clarify some fundamental controversial issues as relates to our present day world. Also, to show that Islamic law is not rigid and barbaric as misconceived by some people. Hence, it can be applied to solve modern day needs brought about by rapid development achieved due to break -through in technology. Observation in this research work shows that Qiyas is a correctly accepted source of Islamic law and the opponent of the above view are indirectly using Qiyas as a source of Islamic law. It has been observed that Muslims abandoned Qiyas and believed that they were solving their legislative problems. However, all they succeeded in doing was crip .

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