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Daleel: Difference between revisions
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'''Daleel''' (دليل, pl. ''adillah'') is an Arabic word meaning evidence or proof, and in the terminology of [[Islamic jurisprudence]], the word refers to anything that is used to deduce and justify a ruling or [[fatwa]] from the [[Shariah]], or [[Islamic Law]]. While there exist numerous specific types of daleels arranged in a hierarchy, as understood variously by the different schools of Islamic law, all agree that the most important daleels are, in order, the [[Qur'an]], [[Hadith]], Ijma (consensus of Islamic scholars or [[Muhammad]]'s [[companions]]), and some form of Qiyas (analogical reasoning). | '''Daleel''' (دليل, pl. ''adillah'') is an Arabic word meaning evidence or proof, and in the terminology of [[Islamic jurisprudence]], the word refers to anything that is used to deduce and justify a ruling or [[fatwa]] from the [[Shariah]], or [[Islamic Law]]. While there exist numerous specific types of daleels arranged in a hierarchy, as understood variously by the different schools of Islamic law, all agree that among the most important daleels are, in order, the '''[[Qur'an]]''', '''[[Hadith]]''', '''Ijma''' (consensus of Islamic scholars or [[Muhammad]]'s [[companions]]), and some form of '''Qiyas''' (analogical reasoning). | ||
In a more literal sense, daleel is also used to refer to empirical realities that are relevant to an Islamic ruling. If, for instance, a judge needs to establish whether or not a contract was made, then the judge might require evidence, or a daleel, for the establishment of this fact, such as witnesses to the contract or a document.<ref><nowiki>http://www.oxfordislamicstudies.com/article/opr/t125/e481</nowiki></ref> | In a more literal sense, daleel is also used to refer to empirical realities that are relevant to an Islamic ruling. If, for instance, a judge needs to establish whether or not a contract was made, then the judge might require evidence, or a daleel, for the establishment of this fact, such as witnesses to the contract or a document.<ref><nowiki>http://www.oxfordislamicstudies.com/article/opr/t125/e481</nowiki></ref> | ||
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==Qiyas (قياس)== | ==Qiyas (قياس)== | ||
< | The use of analogical reasoning to derive rulings in Islamic laws is referred to as Qiyas. This type of evidence is used frequently, as it is required whenever there is absence of scripture on a topic. In such cases, jurists identify scripture that discusses a related or analogous topic and, after identifying the analogous elements of the matter at hand and matter addressed by scripture, they attempt to extrapolate an analogous ruling. | ||
The primary requirement for establishing an analogy between a matter covered by scripture and matter not covered by scripture is identifying the operative cause, or ''illah'' (عِلّة). The illah is the specific set of circumstances under which a ruling comes into action. For instance, with the ban on alcohol, which is found in the Qur'an<ref>{{Quran|2|219}}, {{Quran|5|90}}, {{Quran|5|91}}</ref>, most Islamic jurists maintain that the illah is intoxication. They will cite, for instance, the fact that while there is no intoxicating effect (so, before distillation), drinking grape juice is admissible. Since the prohibition only comes into play once the drink is intoxicating, jurists argue that the prohibition is in fact on intoxication, and that thus all intoxicants can be prohibited, or [[Fiqh#Ahkam|haram]], by analogy, or qiyas. | |||
==See Also== | ==See Also== | ||
{{Hub4|Hadith|Hadith}} | {{Hub4|Hadith|Hadith}} | ||
{{Hub4|Qur'an|Qur'an}} | |||
{{Hub4|Fiqh|Fiqh}} | |||
{{Hub4|Islamic Law|Islamic Law}} | |||
{{Core Scripture}} | {{Core Scripture}} | ||