Abrogating the Rule of al-Qiyas is Prohibited

Bismillah al-Rahman al-Raheem

Abrogating the Rule of al-Qiyas is Prohibited

It is prohibited to abrogate the rule deduced by way of al-Qiyas (analogy) because if al-Qiyas is deduced from a root, then it remains in force as long as the root remains. If the root is abrogated, then there will be no Qiyas in the first place. Hence, the abrogation never occurs by way of al-Qiyas. This is because it would be inconceivable to remove the rule of al-Qiyas while its root remains intact, i.e. non-abrogated.

The sound and proper Qiyas is the one whose Illah (Shari’ah reason) is mentioned in the Book or in the Sunnah or through Ijma'a al-Sahaba; thus, the Illah of al-Qiyas would be established through one of these three types of Shari’ah sources. Therefore if the abrogation were to occur, it would occur in the branch and not in the root. If it occurred in the branch, while the root remained, then there would be no abrogation of al-Qiyas as long as the root remains intact; and if it occurred in the root, then there would be no Qiyas in the first place since the root has already been abrogated; thus there would be no Qiyas at all, let alone say that it has been abrogated. Besides, abrogating the root is not an abrogation of the rule of al-Qiyas; it is rather an abrogation of a rule that is established by the Book or the Sunnah or Ijma'a al-Sahaba, and these are not deemed as part of al-Qiyas. Hence, there is absolutely no abrogation in the rule of al-Qiyas.

Source: Islamic Personality Volume III