Preview

Report Types Application Of Qiyas

Good Essays
Open Document
Open Document
908 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Report Types Application Of Qiyas
Types of qiyas

a) 'Analogy of the Superior' (qiyas al-awla)

The effective cause in this qiyas is more evident in the new case than the original case, which is why it is called qiyas al-awla. For example, we may refer to the Qur'anic text in sura al-Isra' (17:23) which provides regarding parents: 'say not to them uff [i.e. a single word of contempt] nor repel them, but address them in dignified terms'. By analogy it may be deduced that the prohibition against lashing or beating them is even more obvious than verbal abuse. Similarly, the, penance (kaffarah) of erroneous killing is, by way of analogy, applicable to intentional killing as the transgression which invokes the kaffarah is even more evident in the latter. This is the Shafi'i view, but the Hanafis do not consider the first example to be a variety of qiyas but a mere implication of the text (dalalah al-nass) which falls within the scope of interpretation rather than analogy. Likewise the Hanafis do not require kaffarah for deliberate killing, a ruling which has been determined on grounds of interpretation rather than qiyas.[56. Muslim, Sahih Muslim, p. 41, Hadith no. 119; Ibn Hazm, Ihkam, VII, 54-55; Abu Zahrah, Usul, p.195-196. Zuhayr, Usul, IV, p. 44.]

b) 'Analogy of Equals' (qiyas al-musawi)

The 'illah in this type of qiyas is equally effective in both the new and the original cases, as is the ruling which is deduced by analogy. We may illustrate this by reference to the Qur'an (al-Nisa', 4:2) which forbids 'devouring the property of orphans'. By analogy, it is concluded that all other forms of destruction and mismanagement which lead to the loss of such property are equally forbidden. But this is once again regarded by the Hanafis to fall within the scope of interpretation rather than analogy. To give another example, according to a Hadith, a container which is licked by a dog must be washed seven times. The Shafi'is extend the same ruling by analogy to a container which is licked by

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Dbq Synthesis Essay

    • 355 Words
    • 2 Pages

    Manifest Destiny, or land stealing? The war against mexico and the us, which took place north of the Rio Grande, broke out May 1846. The land north of the Rio Grande was disputed by the US and Mexico. Because the United States decided to occupy disputed territory Mexico attacked. With that said, is the United States justified in declaring war against Mexico? The United States was not justified in going to war because they deprived Mexico from their land, occupying territory in dispute and it was mexico's territory.…

    • 355 Words
    • 2 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Qp And Nasir Case Study

    • 429 Words
    • 2 Pages

    QP met with Nasir and his mom for the first time. QP explained to Nasir and mom about IIH service that will be provided. QP provided Nasir and mom a brief explanation of the goals that Nasir will be working towards and what is expected of him during the sessions. QP asked Nasir, about his behaviors that he thinks he needs to work on. QP asked Nair about his interaction with his mom. QP asked Nasir about his hobbies. QP asked Nasir about problems he having in school and at home if any. QP asked Nasir about his interaction with his peers and siblings. QP asked Nasir about his grades. QP asked Nasir, if he is compliant with the house and the school rules. QP asked Nasir, who he can turn to for emotional support. QP asked Nasir, if he is worried…

    • 429 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Introduction In the book America, by E.R. Frank, presents a personal narrative of a man’s journey through the foster care system, and how it affected his mental health. The author’s major premise is to highlight the disparities in the foster care system and how those disparities affect the children’s mental health and future outcomes. The author’s point of view is to offer sympathy and empathy to the families involved and offer opportunities for advocacy and awareness. The author’s point of view is transferred into the content of the book to contribute to further learning and advocacy for change.…

    • 778 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    Coding Application Report

    • 2395 Words
    • 10 Pages

    The following Coding Application statements are intended to familiarize you with the coding process in a more concentrated and definitive manner. Please feel free to share with your instructor and with your fellow students your findings and methods. If you have questions this is the time to ask for clarity and explore the outcomes.…

    • 2395 Words
    • 10 Pages
    Satisfactory Essays
  • Good Essays

    In the academic study of Native American spiritualties, the scholar often provides the lens through which one examines various worldviews. This lens can influence a reader’s interpretation of spiritual practices, creating a biased body of knowledge. Often, mass generalizations are then made about diverse groups of indigenous people. Whether the nature of these generalizations is positive or negative, they distort the image of the group being studied based upon the author’s approach or motives.…

    • 534 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    It is mainly oriented in employee’s motivation and happy working environment. So we would like to follow the same strategies with some small amendments, which mean we will include extra motivations like paid tour, free employee’s family visit to Alpine inn & suites without any expenses and the main one is an additional insurance coverage for staff’s family members. According to human resource department we will include a bit new strategy with our customary one that is we will implement a kind of healthy competition among employees. To be more precise each department will be given the profit report of other one and on the basis of that they can improve their performance in a healthy way and of course this would not be a strict to follow motivational strategy it should be up to staff’s discretion. And the new but very effective change in our management plan for entire Alpine group is we will do meetings ones in week which will include all the managers and supervisors from both Dawson Creek and Fort Nelson. For our next working year we like to add two more marketing managers for Fort Nelson branch to concentrate particularly for skiing and paragliding. Our next one is a bit competitive that is we are going to use the weak points of our competitors in Fort Nelson because it’s our new entry over there so in order get rooted in Fort Nelson we must to pop up our exceptional paragliding amenities for more…

    • 2758 Words
    • 12 Pages
    Powerful Essays
  • Good Essays

    Have you ever heard of the painting “The Starry Night?” Well, it was created by artist and possible mentally ill Vincent Van Gogh. Vincent Van Gogh was believed to have schizophrenia. But he lived in a time that schizophrenia was not even heard of yet, so it could not have been established as schizophrenia or even any mental illness to be exact. Through his very artistic ways and him cutting off his own ear, many thought that he was mentally insane. And that is why in today’s society we believe that he might have had a psychological issue, like schizophrenia. Eventually his psychotic ways led in a tragic ending. His death.…

    • 764 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Why do we kill those who kill, to show that killing is wrong? This was the thought which initially caused countries to reconsider alternatives aside from capital punishment which would have the same effectiveness in moral discipline. The largest contributing factors which led to Canada and other countries’ decision to abolish the statute were: the historical timeline of capital punishment cases in Canada, economic factors and fundamental violations of human rights.…

    • 1789 Words
    • 8 Pages
    Powerful Essays
  • Satisfactory Essays

    P1 Explain how organisations use information Report P2 Discuss the characteristics of good information Report P3 Explain the issues related to the use of information Report M1 Illustrate the information flow between different functional areas Information flow diagram M2 Assess how issues related to the use of information affect an organisation Report D1 Explain how an organisation could improve the quality of its business information Report This brief has been verified as being fit for purpose Assessor Mel Doost Date 24th January 2014 Signature Mel Doost Internal Quality Assurer Rathi Raman Date 28th January 2014 Signature Rathi Raman…

    • 531 Words
    • 3 Pages
    Satisfactory Essays
  • Powerful Essays

    The Defence of Provocation

    • 2048 Words
    • 9 Pages

    Provocation is a defence which reduces the offence of murder to manslaughter. Even though there may be an intent to kill it can be deemed that, in some circumstances, it is not appropriate to be classified as murder. It is not saying the killing is justified or excused. What it is saying is that the circumstances, the response (which resulted in the killing) is within the normal range of behaviour of what can be expected of the ordinary person and that it represents an acknowledgement of human frailty. This is the traditional view of the law.[1] When the penalty for murder was death, often provocation was a way of reducing the punishment from the death penalty to life imprisonment. In jurisdictions where there was a mandatory life sentence, there was also an argument for this defence to be in existence. [2] In this paper, the issues of the relevant stakeholders, previous provocation cases, and the law will be discussed in regards to any amendments or recommendations that need to be made in changing the current law in regards to the defence of provocation and how it will affect the Queensland society and its stakeholders.…

    • 2048 Words
    • 9 Pages
    Powerful Essays
  • Powerful Essays

    Supporters of death punishment use the argument of “an eye for an eye”. According to them, the punishment of a crime should be as close to the crime itself. When a person is sentenced for a murder then that person should be punished with the same degree of harm, execution. This argument would make sense in the case of one murder. However, we know that there are many cases where a criminal murders 20 people. When we consider this case, “an eye for an eye” punishment would not be suitable; we cannot kill a person 20 times. Additionally, in cases of murder as a result of a…

    • 2593 Words
    • 11 Pages
    Powerful Essays
  • Powerful Essays

    Standard Report Template

    • 857 Words
    • 5 Pages

    Your terms of reference go here. This paragraph should contain the following information: who issued the instructions; when these instructions were given; why they were given; exactly what the writer is expected to do and when the report must be submitted. Please see p132 of the textbook.…

    • 857 Words
    • 5 Pages
    Powerful Essays
  • Powerful Essays

    The Death Penalty

    • 3745 Words
    • 15 Pages

    Originally, the thesis of this paper strayed towards a more general interpretation of the death penalty, believing it was allowable for more crimes than just murder. In cases such as child and adult rape, the thesis blanketed all circumstances, meaning each crime would be…

    • 3745 Words
    • 15 Pages
    Powerful Essays
  • Powerful Essays

    Capital Punishment

    • 2593 Words
    • 11 Pages

    “An eye for an eye makes the whole world blind” – Mahatma Gandhi. For many centuries there have been several debates at various levels of society regarding the moral authority of the state to execute a member of that society under prescribed conditions. The ethical dilemma involved, seeks to unearth whether it is ever morally correct to deprive a human being of life. There are several aspect of capital punishment that has changed throughout history, including the popularity of the death penalty, the type of crimes punishable by death and the method of execution.…

    • 2593 Words
    • 11 Pages
    Powerful Essays
  • Good Essays

    Capital Punishment

    • 748 Words
    • 3 Pages

    There is no excuse for murder, even for the murder of a murderer. Capital punishment is the result of human selfishness, an act of cruelty, forceful taking of human life, which is not only a dramatic exception, but practiced activity in many countries. Behind the word punishment in the term “capital punishment” the word “revenge” is deeply hidden, which is the main reason for the existence of such a harsh act in the modern world. Historically, this type of punishment has existed since ancient times. Furthermore, it was usual for other medieval states. Some of the bloodiest periods in history are at the time of the Inquisition and World War II, when thousands were killed whether they were guilty or not.…

    • 748 Words
    • 3 Pages
    Good Essays

Related Topics