A Methodological Analysis of the Sources of Islamic Law: Integrating the Concept of Qiyas and the Interpretive Rules of Amr and Nahy in Uṣul al-Fiqh

Abstract

This study is motivated by the importance of a methodological understanding of uṣūl al-fiqh in deriving the sources of Islamic law through both rational and linguistic reasoning. The main problem arises from the difficulty of distinguishing between the ʿillah (effective cause), sabab (cause), and ḥikmah (wisdom) of a ruling in the application of qiyās, as well as the high potential for misinterpreting the meaning and indication (dalālah) of the rules of amr (command) and nahy (prohibition) in the Qur'an and Sunnah. A lack of understanding of these two instruments risks producing inaccurate legal conclusions (istinbāṭ). This study aims to analyze the pillars, conditions, and differentiation of ʿillah, sabab, and ḥikmah in the mechanism of qiyās, and to examine the application of the rules of amr and nahy and their dalālah as instruments for deriving Islamic law. The research employs normative legal research (library research) with a qualitative-descriptive approach. Data were collected from primary legal materials in the form of the Qur'an, Hadith, and classical works of uṣūl al-fiqh; secondary materials in the form of textbooks and scientific journals; and tertiary materials in the form of Arabic dictionaries and encyclopedias of Islamic law. The results show that qiyās has valid legal force as a method of legal discovery as long as its pillars and conditions are fulfilled, with the ʿillah functioning as a measurable attribute that determines the ruling and is distinct from sabab and ḥikmah. In addition, the rule of amr fundamentally indicates obligation (al-aṣl fī al-amr li al-wujūb) and the rule of nahy indicates prohibition (al-aṣl fī al-nahy li al-taḥrīm), and an understanding of the dalālah of both rules is the key to deriving accurate rulings from the texts of the Qur'an and Sunnah.