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Qiyas
In Islamic jurisprudence, ''qiyās'' ((アラビア語:قياس)) is the process of deductive analogy in which the teachings of the Hadith are compared and contrasted with those of the Qur'an, in order to apply a known injunction (nass) to a new circumstance and create a new injunction. Here the ruling of the Sunnah and the Qur'an may be used as a means to solve or provide a response to a new problem that may arise. This, however, is only the case providing that the set precedent or paradigm and the new problem that has come about will share operative causes (, ''ʿillah''). The ʿillah is the specific set of circumstances that trigger a certain law into action. An example of the use of qiyās is the case of the ban on selling or buying of goods after the last call for Friday prayers until the end of the prayer stated in the . By analogy this prohibition is extended to other transactions and activities such as agricultural work and administration. ==Sunni interpretations== Late and modern Sunni jurisprudence regards analogical reason as a fourth source of Islamic law, following the Qur'an, prophetic tradition and binding consensus. While Muslim scholarship in the later period traditionally claimed that analogy had existed in Islamic law since their religion's inception,〔Walîd b. Ibrâhîm al-`Ujajî, (Qiyas in Islamic Law – A Brief Introduction ), Alfalah Consulting, FRIDAY, 29 APRIL 2011〕 modern scholarship generally points to Muslim scholar Abu Hanifa as the first to incorporate analogical reason as a source of law.〔Reuben Levy, ''Introduction to the Sociology of Islam'', pg. 236-237. London: Williams and Norgate, 1931-1933.〕〔Chiragh Ali, The Proposed Political, Legal and Social Reforms. Taken from Modernist Islam 1840-1940: A Sourcebook, pg. 280. Edited by Charles Kurzman. New York City: Oxford University Press, 2002.〕〔Mansoor Moaddel, ''Islamic Modernism, Nationalism, and Fundamentalism: Episode and Discourse'', pg. 32. Chicago: University of Chicago Press, 2005.〕〔Keith Hodkinson, ''Muslim Family Law: A Sourcebook'', pg. 39. Beckenham: Croom Helm Ltd., Provident House, 1984.〕〔''Understanding Islamic Law: From Classical to Contemporary'', edited by Hisham Ramadan, pg. 18. Lanham, Maryland: Rowman & Littlefield, 2006.〕〔Christopher Roederrer and Darrel Moellendorf, ''Jurisprudence'', pg. 471. Lansdowne: Juta and Company Ltd., 2007.〕〔Nicolas Aghnides, ''Islamic Theories of Finance'', pg. 69. New Jersey: Gorgias Press LLC, 2005.〕〔Kojiro Nakamura, "Ibn Mada's Criticism of Arab Grammarians." ''Orient'', v. 10, pgs. 89-113. 1974〕 Since its inception, analogical reason has been the subject of extensive study in regard to both its proper place in Islamic law and its proper application.
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