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In the Name of God بسم الله
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(salam) (bismillah) To prove this fact that there is hell of difference between Qiyas and Aql. I welcome my Usooli as well as Akhhbari brothers to come forward and prove their view point. Qiyas is totally haram in both schools of thoughts while Aql is source of law for Usoolis while Akhbaris consider it interference in the Shariah. The purpose of this thread is two fold. 1. What is difference between Qiyas and Aql? Are they the same? 2. If they are different then Is Aql source of law as Usoolis claim or it amounts to interference in Shariah? DEFINITION OF "QIYAS" (ANALOGY): In its literal meaning, the word "Qiyas" means measuring or estimating one thing in terms of another. It also applies to making two things equal, that is, comparing. This comparison may be physical or rational. In the technical sense, as defined by the jurists, it applies to "the assignment of the "hukm" of an existing case found in the texts of the Quran, the Sunnah, or ijma to a new case whose hukm is not found in these sources on the basis of a common underlying attibute called "illah" of the hukm ELEMENTS OF QIYAS: The definition of Qiyas shows that it has five ingredients or elements. 1. "Maqis alayh" (asl): This is the root case or even the base or the case upon which the analogy has been constructed. 2. "Hukm al-asl" The "Hukm" of the "Maqis alayh" is called "Hukm al-asl" 3. "illah" It means the underlying cause which is determined by the jurist that has led to the "hukm" 4. "Maqis" it means the case for which analogy (Qiyas) is constructed. 5. "Hukm al-far" The "hukm" that has been established for the new case is called "Hukm al-far"
(salam) I have few question from Akhbaris. As Akhbaris claim that there is no need of Taqleed of a Mujtahid in Islam and one can recourse to Quran and Hadiths of Prophet (pbuh) and Ahl ul bait a.s for knowing about any verdict on a issue. Therefore, i want to know what is Akhbari reply on the basis of Quran and sayings of Ahl ul bait a.s in the following Issues. 1. Is heart transplant or liver transplant allowed or not? Please provide Quranic reference or reference from hadiths of Prophet (pbuh) and Ahl ul bait a.s. 2. What is the ruling for a person who forgot to offer Tashud in prayer. As taqleed is not allowed please provide direct reference from Quran and sayings of Prophet (pbuh) and Ahl ul bait a.s. 3. If you have answer from Quran and sayings of Ahl ul bait a.s regarding the aforementioned issues and you paste them here with relevant references (as i do not have direct access to so many books and i have not specialized in Islamic knowledge) and i accept this then will it not mean that I have literally followed you though you have just informed me about hadiths and Quranic verses regarding the matter in question. Will it not mean that you have taught me and I did your "Taqleed" in this issue? I shall put more questions as the thread will proceed. Looking forward for the response of those who are against Ijtehad and Taqleed and Pseudo-Akhbaris.
(salam) USOOLI METHODOLOGY: 1. When there is clear and specific ruling on an Issue:- When there is clear and specific ruling on an Issue in Quran and Sunnah then there is no place of reasoning/Aql and one has to follow the clear and specific order of Quran and Sunnah. Key: Quran & Sunnah -------> Ruling/Verdict/Fatwa 2. When there is no clear and specific ruling on an Issue: When there is no specific ruling or order in Quran and Sunnah then a Mujtahid has to recourse to the "PRINCIPLES LAID DOWN IN QURAN AND SUNNAH" for deduction of Islamic ruling or verdict on an Issue and even for doing this the tools used have basis in Quran and Sunnah and those tools are not alien to Quran and Sunnah. Key: Quran & Sunnah ------> Principles laid down in Quran and Sunnah -----> Ruling/Verdict/Fatwa based on the principles laid down in Quran and Sunnah. AKHBARI METHODOLOGY: "Everything is permissible unless ruled as prohibited" This is the general principle laid down in a Hadith. But Akhbaris take the permissibility and prohibition only if it 'SPECIFIC PERMISSION OR SPECIFIC PROHIBITION". So it means that if something is not Specifically Prohibited it is allowed under Akhbari rule. While on the other hand in Usooli methodology if some thing is not prohibited specifically but there are principles laid down in Quran and Sunnah on the basis of which that thing can be prohibited then the same is prohibited. It appears that Akhbari methodology leaves more space for "Bidah" or "Innovation" because there are many things which are not specifically prohibited in Quran and Sunnah. I shall not be surprised if i saw some Akhbari Shia passing a big needle through their cheeks on the name of Azadari as some African tribes do because of this general principle "Everything is permissible unless ruled as prohibited" I welcome the alternate view about the Akhbari methodology. Sorry if i hurt some one but this is only a process of learning and sharing knowledge.
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