القياس الخفي دراسة أصولية تطبيقية على النوازل المعاصرة في ماليزيا (باب الطهارة نموذجا)

Abstract

Islamic Sharia is the final divine law, and Allah has decreed its eternity and permanence until the Day of Judgment. Consequently, this Sharia is comprehensive, encompassing all aspects of human life. It is well-known that the Quran and Sunnah are sources of Islamic legislation, and the Prophet Muhammad (peace be upon him) recommended adhering to them to ensure his ummah does not deviate from the correct path. After Allah completed this noble Sharia, new occurrences arose that were not present during the era of legislation and were not explicitly addressed by the lawgiver. Scholars strive to find Allah's rulings on these new occurrences, exerting their utmost effort. The challenge lies not in the limitation of the texts' words and meanings but in how to utilize these texts and apply their rulings to new situations. Extracting rulings from these texts and applying them to new occurrences requires extensive knowledge and precise examination of the legal evidence. One method of extracting rulings from the texts is hidden qiyas (analogical reasoning), which involves comparing a new issue to an established one based on a derived cause, even if the lawgiver did not explicitly state the cause. Using this derived cause, scholars can link many modern issues to the established rulings, enabling them to address contemporary challenges and solve problems. New issues have arisen in the chapter of purification that require knowledge of their rulings, and ignorance of these rulings can be harmful. This research aims to resolve this issue by seeking rulings through hidden qiyas. The researcher employs a deductive method to derive the cause from its sources and apply it to new issues in purification. The key findings are as follows. First, treated wastewater that undergoes purification is considered pure and purifying, analogous to the issue of dirt on shoes, where impurity is removed by wiping them on the ground. Second, makeup that prevents water from reaching the skin must be removed, analogous to the braiding of a woman's hair that prevents water from reaching the roots. These findings demonstrate that the scope of analogical reasoning in deriving rulings is broader than the scope of textual indications, as words are limited. Analogical reasoning serves as an extended arm of Sharia, addressing numerous issues that will continue to arise until the Day of Judgment.

Keywords: Hidden Measurement, Principles of Jurisprudence, Objectives of Sharia, Contemporary, Malaysia, Purity.