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