قاعدة "ما ثبت على خلاف القياس فغيره عليه لا يقاس" : دراسة تحليلية

الملخص EN

This research presents the principle: “That which is proven to be contradictory to Qiyas (analogy) may not be used as a reference for comparison.” The researcher shows al thabit (the proven) to be in opposition to Qiyas and its rules, as used by the 'ulama’ (Islamic religious scholars).

The author reaches the conclusion that the principle of Qiyas, which is still under discussion by the 'ulama’, should not be used in general because it requires further regulations and restrictions.

Qiyas rules may be considered correct if al thabit figures in but may have a meaning which can not be understood or rules that have no equivalent to its origins.

However, if what is meant by al thabit is that which has been excluded or ruled out from the general rule by a specific hadith (sayings of the Prophet Muhammad - PBUH), and the exclusion suggests the equivalent, then the principle may not be accepted.

This is because the preferred opinion by the majority of 'ulama’ is that Qiyas is permissible in this case.