Topics: Muhammad, Qur'an, Islam Pages: 9 (3855 words) Published: December 29, 2012
Why do some legal scholars reject the use of analogy (qiyas)? [4] Analogy (qiyas) is the fourth source of Islamic law that is used when the primary sources are silent about a newly appeared issue. However some scholars reject its use on the following basis. 1. There is detailed description of everything in the Quran so there is no need to follow another source. "...And We have sent down to you the Book (the Qur'an) as an exposition of everything..." (Nahl: 89). 2. Resolution of issues through Qiyas takes precedence over Allah and His Messenger which is forbidden in the Quran. "O you who believe! Do not put (yourselves) forward before Allah and His Messenger..." (Hujuraat: 1) 3. Qiyas is conjecture which gives no benefit against the truth. "And most of them follow nothing but conjecture. Certainly, conjecture can be of no avail against the truth..." (Yunus: 36) 4. We are bound to decide among the people with what Allah has revealed and solutions through qiyas are not revealed by Allah. "And so judge (you O Muhammad ) between them by what Allah has revealed and follow not their vain desires..." (Ma'idah: 49).

The Holy Prophet

The Holy Prophet, Muhammad bin Abdullah (Peace be on him and his progeny), with whom Prophethood came to an end, was born in 570 AD at Makkah. He was raised as a Prophet when he was 40 years of age. For 13 years He preached Islam in Makkah, where he underwent great many difficulties and hardships. During this period he trained a few selected persons. Thereafter he migrated to Madina where he established his centre. For ten years he openly propagated Islam there. He fought a number of successful battles against the arrogant Arabs whom he finally subdued. By the end of this period the entire Arabian Peninsula had embraced Islam. The Holy Qur'an was revealed on him piecemeal over a period of 23 years. The Muslims showed a wonderful devotedness and reverential attachment to the Holy Qur'an and the person of the Holy Prophet, who passed away in 11 A.H. in the 23rd year of his Prophetic mission when he was 63 years of age. He left behind a nascent society full of spiritual zeal, believing in a constructive ideology and conscious of its world responsibility. There were two things which gave this new-born society a spirit of enthusiasm and unity. One was the Holy Qur'an which inspired the Muslims. It was always recited by them. The other was the lofty and penetrating personality of the Holy Prophet of which they were greatly enamoured. Now we briefly discuss the personality of the Holy Prophet: His Childhood:

He was still in his mother's womb, when his father, returning from a business trip to Syria died in Madina. Thereafter Abdul Muttalib, his grandfather took over his custody. From his very childhood the signs of the Holy Prophet's great future were evident from his features, his conduct and his demeanor. Abdul Muttalib intuitively detected that his grand son had an exceptionally bright future. The Holy Prophet was only 8 years old when his grand father also passed away and according to the will of the old gentleman, the guardianship of the child passed to his elder uncle, Abu Talib, who was also surprised to see that the boy's behaviour differed from that of other children. Unlike the children of the neighbours he was never covetous of food, and unlike the prevailing custom of those days he always kept his hair combed and his face and body clean. One day Abu Talib wanted him to change his dress in his presence before going to bed. Muhammad (Peace be on him and his progeny) did not like the idea. But as he could not flatly refuse to obey the order of his uncle, he asked him to turn his face away, so that he could take off his dress. Abu Talib was naturally surprised, as even the Arabs of mature age during those days were not averse to become totally naked in the presence of others. Abu Talib says: "I never heard him telling a lie, nor did I see him doing anything indecent. He never laughed...
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