Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat [Part 25]
Based on the strength of the effective cause, al-qiyas is divided into three types:
1. Analogy of effective cause: the effective cause between the new case and the origin necessitates the rule.
Example: by making an analogy between beating the parent(s), and prohibition of saying ‘uff’ (ugh!) to them. The effective cause in this analogy is abuse. It is impossible to permit the rule, namely, beating, in the new case, and prohibits saying bad words to the parents, in the presence of the effective cause, which is abusing the parents.
2. Inferential analogy: making an inference by one of the analogues to the other. In this case, the effective cause indicates the rule, and it does not necessitate the rule. For example, making an analogy between a child’s wealth and an adult's wealth. It is obligatory to pay zakat on the child’s wealth because of the effective cause between them, i.e. tendency to grow.
3. Analogy of resemblance: in this type of analogy, the new case has a resemblance to two original cases. In this case, the new case is attributed to the most resembling case. For example, secretions that are produced by organs other than the private parts. They resemble secretions produced by the private parts as they are impure, and they resemble pure secretions as they do not come out from the private parts.
If the rule is that such secretions are impure, and nullify ablution, then the pillars of analogy are as follows,
a) The original case: secretion produced by private parts.
b) The new case: secretion produced by other body parts.
c) Effective cause: impurity.
d) The rule: they nullify ablution.
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