Last edition we started the discussion on qiyas and promised to look at the argument of both the opponents of qiyas in this edition.
1 . The opponents of qiyas argued that qiyas is built on uncertainty and so whatever is based on uncertainty is also uncertain and Allaah prohibits the following of uncertainty. He said:
"And follow not what you have no knowledge of. Verily the ear, and the eye and the heart-all these shall be called to account. (Q 17 [Israai): 3 6)
Hence it is incorrect to draw any judgment from qiyas.
2. The opponents of qiyas also argued that were qiyas to be an evidence there would not be any contradiction between different Aqyisah (analogical deductions) and that is why each contender among the proponents of qiyas claims that his qiyas is the correct qiyas. While the opponent also brings forth another qiyas and claims it is the correct qiyas. As for the evidences of Allah there is no contradiction between them. Hence, they argued if qiyas is acceptable in the religion that would definitely lead to the differences which Allaah and His Messenger have warned us from.
According to them most of the differences of opinion that occurred in the ummah were as a result of qiyas. This is because if what appears to one of the mujtahideen is opposite to what appears to the other, then there would definitely be difference of opinion.
Allaah says:
"Were it to be from other than Allaah they would have found much controversy it" (Q4[an-Nisaa]:28).
Allaah also dispraised difference and division. He said:
"He has prescribed for you the religion which He enjoined on Noah, and which We have now revealed to you, and which We enjoined on Abraham and Moses and Jesus, viz, 'Establish obedience to Allah, and be not divided therein." (Q42 [ash-Shura]: 13).
They also argued that the saying of a qiyasi ( proponent of qiyas) that a particular thing is halal or haraam is a kind of informing the people on behalf of Allaah that He has prohibited or allowed so and so.
And it is not lawful for anyone to testify to any thing that Allaah and His Messenger have not said. They also argued that if there is difference in aqyisah in the view of the mujtahideen there are only two options: is either we say they are both correct which is not possible because a thing and its opposite can not be correct; or we say only one of the two is the correct qiyas. But there is no way to establish that one qiyas is better than the other.
In summary these are some of the arguments of the opponents of qiyas. Insha Allaah next edition we shall bring the comments of the proponents of qiyas on some of these arguments.