المقارنة بين القياس العام و القياس الأصولي الخاص

Abstract EN

Legislation is not a literal meaning that is understood from grammatical, morphological and linguistic concepts only, but rather consists of meanings and rules based on reasons and interests requiring its establishment.

If we reject this principle, we will end up in two matters: The first is to say that Shari’a is incapable of assimilating new facts that have no regulating texts.

The second is judging these facts based on the principle of general solution or original permissibility, while they may be based on causes that necessitate prohibition.

This is contrary to the purposes of Shari’a and it spoils the whole wisdom of legislation.

Indeed, all this is futile and it can only yield futility.

Based on this, it is necessary to clarify the differences between general Qiyas and Specific Qiyas, and the characteristics of each one of them.

The differences concern their reliance on Shari’a texts, Islamic scholars views, the preservation of Shari’a purposes, the acceptance of exception and allocation, the need for diligence (Ijtihad) in both, the recourse to inference, the type of meaning and its confirmation, the acceptance of copying, entity, rank, contradiction, interpretation, Shari’a purpose, similarity, ruling type, comprehensiveness and its replacement of other rulings