اثباتِ قیاس کے قرآنی دلائل کا ابن حزم کی فکر میں جائز ہ

Review of Qur'anic Arguments proving Analogy in the Thought of Ibn Hazm

Abstract

Qiyas in Islamic legal theory refers to finding out a precedent (nazir) and applying the rule contained in it to a similar newly-arising situation. Qiyas has been acknowledge as one of the major instruments of legal reasoning by majority of the Muslim jurists in such cases where no clear rule is found in the Quran and Prophetic tradition. However, the Zahiri school rejected qiyas as a valid way of reasoning and regarded it an unwarranted addition to the Shari’ah. Ibn Hazm was a major proponent of this view. He claimed that God had laid down all his commandments in the text of the Qur’an and Sunnah very explicitly. As there is no issue related to human action that is not covered by the revealed Sharia, the need for analogical reasoning simple does not exist. Shar’i rulings are not based on any ratio legis (‘illah) that could be derived from them inductively. Thus, the whole theory of qiyas, in Ibn Hazm’s view, amounts to assigning to human reason a capacity that it has not been endowed with.There are many spheres of affirmation and denial of analogy  and many debates are connected with it. The first source for any Muslim to prove anything of the Shari'ah is the Holy Qur'an. Ahl Qiyas has proved the Qiyas with many verses of the Holy Quran. Their reasoning is different. In the other hand, Ibn Hazm offers different interpretations of these verses and criticizes Ahl al-Qiyas that it is not correct to use these verses as arguments. How does Ibn Hazm explain the words that prove Qiyas? The things which the people of Qiyas believe are not proven by texts but are proven by Qiyas, How does Ibn Hazm prove them?The present research proposes to analyse and evaluate these claims. The research will particularly focus on the multiple and diverse methods of reasoning, and the ambiguities involved in them.