The Evolution Of Fiqh by Bilal Philips

The various approaches which jurists took in their application of Qiyaas were perhaps the largest source of defferences among them. Some narrowed down the scope of Qiyaas by setting a number of preconditions for its use, while others expanded its scope.

Because this principle was based on opinion to a greater extent than any of the others, there were no hard and fast rules with which to contain it, and thus a wide range of differences developed.182

1. Varying rulings arose from differences in interpretation which were themselves attributable to variations in word meanings (shared, literal and figurative) and grammatical constructions (e.g. Qur’, Lams and elaa).

2. In the application of Hadeeths, a variation of legal rulings occurred depending on the degree of availability of the Hadeeths, their authenticity, the conditions imposed for their acceptance and the methods of resolving textual conflicts.

3. Some Imaams evolved certain secondary legal principles and made rulings based on them. Both the priciples and the rulings were rejected by other Imaams (e.g. Istihsaan and Ijmaa’ of the Madeenates).

4. The secondary principle of Qiyaas was generally accepted, but the rules governing its deductive procedures varied among Imaams, resulting in a variation in their rulings on similar issues.