APPLICATION IMPACT OF IMAM AL-SHÂFI’I’S QIYAS ON THE DEVELOPMENT OF ISLAMIC LEGAL THOUGHT

: In the realm of methodology of Islamic jurisprudence ( ushul al-fiqh ), qiyas , a method of deriving Islamic law, holds a prominent position. It entails analogizing a legal ruling from a situation devoid of explicit textual guidance ( nash ) to a situation with established textual guidance, based on the shared underlying cause ( illat ). This is a descriptive research with a philosophical approach. The type of research used is library research with primary data referring to the original source, namely the book of logic by Aristotle. While secondary data is taken from works containing Aristotelian logic. This study found that Imam al-Shâfi’i stands as the pioneer in formulating qiyas as a method of ijtihad (legal reasoning). His rigorous formulation of qiyas drew theoretical underpinnings from Aristotelian logic. The incorporation of Aristotelian logic into qiyas imbued the method with a strict and contrapositive nature, adhering to the principles of syllogistic logic. In syllogistic reasoning, the conclusion invariably follows from the major premise, which in qiyas is derived from the sacred text (the Quran). To overcome this intellectual stagnation, a burhani methodology, as championed by Ibn Rushd, Ibn Khaldun, Ibn Hazm, and al-Shâtibi, emerged. This methodology successfully established a liberal rational epistemology grounded in the spirit of burhani logic and contextualized Quranic interpretation .


Introduction
Ushul al-fiqh, the methodology of Islamic jurisprudence, holds paramount importance in formulating responsive and adaptable Islamic law for contemporary issues. 1It encompasses 1 Regarding the urgency of ushul fiqh in the discourse a comprehensive collection of methodologies, foundations, approaches, and theories employed in comprehending Islamic teachings. 2This pivotal of Islamic legal thought, read, for example Imran Ahsan Khan Nyazee, Theories of Islamic Law, (Pakistan: Islamic Research Institute and International Institute of Islamic Thought, 1945), p. 1.
| 126 role has earned it a central position in Islamic studies, 3 often referred to as "the queen of Islamic sciences". 4bstantially and theoretically, ushul alfiqh has existed since the inception of fiqh (Islamic jurisprudence), 5 as fiqh's emergence is 6 inconceivable without the underlying sources and methodologies it employs. 7This implies that the 8 rudimentary form of ushul al-fiqh predated the era of the madhhab imams (founders of the major Islamic legal schools). 9However, the development of ushul al-fiqh 10 as a coherent and systematic discipline 11 is primarily attributed to the madhhab imams, particularly al-Shâfi'i and his seminar work, al-Risâlah. 12Al-Shâfi'i, as the pioneer of ushul al-fiqh, formulated and systematized various Islamic legal theories, including syllogistic reasoning (qiyas), Abrogation, (Edinburgh: Edinburgh University Press, 1990), p. 15.
12 Fârûq 'Abd Al-Mu'thi, Al-Imâm Al-Syâfi'i: Muhammad Bin  Idrîs Bin Al-'Abbâs Al-Quraysyi Al-Muthallibi Al-Syâfi'i Al-Makki,  ed.Dâr al-Kutub Al-'Ilmiyyah (Beirut, 1992), p. 107.For the purpose of this text, the latter perspective is adopted.clarification (bayan), abrogation (naskh), juristic preference (istihsân), presumption of continuity (istishhab), and principles of interpretation and deduction. 13yas, meaning "to compare" in Arabic, is a cornerstone of Islamic jurisprudence.It involves applying a legal ruling from a situation with clear textual guidance (nash) to a situation lacking such guidance, based on a shared underlying cause (illat).Scholars define qiyas as equating legal rulings or analogically comparing issues due to this shared illat.Essentially, qiyas bridges the gap between established legal rulings and new situations by identifying a common cause, ultimately leading to similar legal outcomes.As Abu Zahrah emphasizes, qiyas hinges on establishing an analogical connection between issues based on their shared characteristics, resulting in convergent legal rulings when such a connection is found. 14yas, the analogical reasoning method codified by al-Shâfi'i, underwent a significant transformation in both meaning and function. 15rior to al-Shâfi'i's standardization in his seminar work al-Risâlah, 16 qiyas represented a liberal approach to legal determination (reasoning).Unbound by stringent conditions, it allowed for liberal, speculative, and dynamic thinking in addressing legal issues.This form of legal reasoning (qiyas) was also commonly referred to as ra'y (personal opinion). 17Qiyas emerged in its form (ra'y) represented a decision reached by a mujtahid (a qualified scholar of Islamic law) after careful deliberation, reflection, and earnest pursuit of truth in cases where textual guidance was ambiguous or conflicting.In other words, ra'y signified a decision that was believed to be in accordance with divine revelation had it continued to descend, or with the Prophet's judgment had he still been among us Ibn Qayyim Al-Jawziyyah, I'lâm Al-Muwâqi'în 'an Rabb Al-'Alamîn, (New  Delhi: Asyraf al-Mathâbi', 1313), p. 23.embryonic form during the Prophet Muhammad's lifetime and matured under the leadership of Abu Hanifah, a prominent advocate of the Ahl al-Ra'y school of thought.The application of qiyas in this manner led to a dynamic, liberal, and adaptable Islamic law that could accommodate changing times.This flexibility stemmed from the recognition that Islamic law should not be rigidly confined to the literal text (haqîqat al-lafzh) of the Quran and Sunna, which, by nature, encompass a limited range of issues.
During the era of al-Shâfi'i and subsequent scholars of ushul al-fiqh (principles of Islamic jurisprudence), qiyas evolved into a highly structured, standardized, and rigid form of legal reasoning.This departure from its earlier liberal and dynamic nature marked a shift towards a legal system that adhered strictly to the textual guidance of the Quran, Sunna, and ijma (consensus of scholars). 18e transformation of qiyas from a liberal reasoning method to a structured discipline is attributed to al-Shâfi'i's establishment of a hierarchical framework for Islamic legal sources.This framework, comprising the Quran, Sunna, ijma' (consensus of scholars), and qiyas, introduced a clear order of precedence and interdependency among these sources.According to al-Shâfi'i's hierarchy, the validity of the Sunna is conditional upon its alignment with and noncontradiction of the Quran.Ijma' is considered valid only if it adheres to both the Quran and the Sunna.Similarly, qiyas is deemed valid only when it does not conflict with any of the three preceding sources (the Quran, the Sunna, and Ijma).

Method
The method used in this research is descriptive with a philosophical approach.Meanwhile, this type of research is library research with reference to the original source (primary data), namely logic books by Aristotle, such as Topic (Organon teil V), Prior and Posterior and qiyas books such as al-Risâlah by al-Syâfi'i, Ushûl al-

Terminology and Validity of Qiyas
Qiyas, meaning "to measure" or "to compare" in Arabic, holds three distinct meanings among Islamic jurists (fuqaha). 19First, it signifies measurement or evaluation (taqdîr) by comparing something to a known standard. 20For instance, one might say, "I measured (qistu) the clothing with a meter.21" Second, qiyas denotes equality (musâwah), as in the statement, "A is not equal to (la yuqâsu) B." The third meaning of qiyas encompasses both the concepts of measurement and equality, referring to the process of establishing similarity between two things after comparing them.This can be illustrated by the example of comparing one sandal to another sandal to determine if they are the same size". 22e precise terminological definition of qiyas has been a subject of debate among Islamic scholars.The majority of jurists (jumhur ulama) view qiyas as a method of legal derivation that | 128   must adhere to religious texts (the Quran and Sunna).In contrast, al-Amidī and Ibn Hājib consider qiyas to be an independent source of law, distinct from religious texts. 23e application of qiyas, a method of legal reasoning rooted in sound intellect and a pure heart, has elicited diverse responses from Islamic scholars.Fundamentally, scholars of ushul alfiqh (principles of Islamic jurisprudence) agree on the permissibility and validity of qiyas in worldly matters, as exemplified by its application in medical and dietary rulings.Additionally, they concur on the validity of qiyas employed by the Prophet Muhammad during his lifetime.However, their opinions diverge regarding the utilization of qiyas in matters of Islamic law (al-umûr alsyar'iyyah) where explicit textual guidance is lacking.In this regard, scholars of ushul al-fiqh can be broadly categorized into five groups based on their stances on qiyas as a method of legal determination: 24 a.The majority of scholars of ushul al-fiqh (principles of Islamic jurisprudence) maintain that qiyas can be employed as a method or tool for deriving Islamic law. 25 They go further 26 to assert that the application of qiyas 27 is obligatory. 25Tâj al-Dîn 'Abd al-Wahhâb Al-Subki,, Jam' Al-Jawâmi', Jilid. 3, (Beirut: Dâr al-Fik, 1974), p. 177. 26 Abû Hâmid Al-Ghazâli, Al-Mustashfâ, Jilid.2, (Beirut:  Muassasah al-Risâlah, 1978), p. 56. 27Ibn Qayyim Al-Jawziyyah, I'lâm Al-Muwâqi'în, Jilid. 1  (Beirut: Muassasah al-Risâlah, 1978). 28Ibn Qudâmah, Rawdhat Al-Nadzîr Wa Junnah Al-Munâdzir, Jilid.2, (Beirut: Muassasah al-Risâlah, 1978), p. 234. 29An example of qiyas where the 'illah is mentioned is the hadith of the Prophet: ruling (hukm far') is more compelling than the original ruling (hukm ashl).For example, comparing the ruling of striking one's parents to the ruling of saying "hus" (an expression of contempt) to one's parents, as both acts are considered offensive.The second condition for the obligatory application of qiyas stipulates that the derived ruling (hukm far') must hold greater precedence over the original ruling (hukm ashl).This condition ensures that the qiyas-derived ruling aligns with the overall objectives and principles of Islamic law.d.The Zahiris, including Imam al-Shawkani, maintain that while qiyas30 is permissible from a logical standpoint, there is no explicit textual evidence in the Quran mandating its obligatory application.31e.Both the Imami Ismaili Shia and the Nazhm school of Mu'tazilah reject qiyas as a valid basis for legal derivation and deem its mandatory application as rationally impossible. 32ter presenting the diverse perspectives of scholars of ushul al-fiqh (principles of Islamic jurisprudence) regarding the validity of qiyas, Wahbah al-Zuhaili concludes that these varied opinions can be categorized into two main groups: the first group comprises the majority of scholars of ushul al-fiqh who recognize qiyas as a valid source of Islamic law.They include the Hanafi, Maliki, Shâfi'i, and Hanbali schools of jurisprudence.The second group encompasses scholars from various schools of thought who reject qiyas as a legitimate basis for legal derivation.They include the Imami Ismaili Shia, the Nazhm school of Mu'tazilah, the Zahiris, and some Mu'tazilah scholars from Iraq. 33

Imam al-Shâfi'i's Rational Juristic Reasoning
In his treatise al-Risâlah, al-Shâfi'i begins by presenting the reality of society in his time, which he identifies as two types: The first is idol-worshipping society that initially had no scripture, such as the Arabs.Then Allah sent down to them the final revelation, the Quran, through Muhammad, which became the guide and foundation for all aspects of their lives.The Quran encompasses everything, and there is nothing that befalls the Muslim community that is not mentioned in this book.The second is society that had a scripture but then altered it, such as the Jews and Christians. 34cording to al-Shâfi'î, divine revelation encompasses all matters, and therefore, it must be taken as the primary reference point in all aspects of human life, both in this world and the hereafter.Furthermore, al-Shâfi'î maintains that the methods of legal derivation employed must also be derived from and grounded in this revelation. 35Since the language of revelation is Arabic, the approach used to understand revelation must also employ Arabic, particularly the Arabic chosen to express divine revelation, namely Quraysh Arabic. 36 the absence of a normative textual basis in the Quran to address a particular issue, al-Shâfi'î proposes the Hadith as the second source of Islamic law.However, the Hadith does not occupy the same position as the Quran; it serves only to clarify what is implied in the Quran, to elaborate on general principles, and to provide rulings on matters not explicitly addressed in the Quran.Subsequently, al-Shâfi'î offers two additional sources beyond the aforementioned material sources: ijma' (consensus) and qiyas (analogy) as principal sources.These principal sources are employed when the two material sources offer no normative guidance on the issue at hand.It is at this juncture, according to al-Shâfi'î, that Haroen,Ushul Fiqh,n.d,p. 6. 34 Muhammad bin Idrîs Al-Syâfi'i, Al-Risâlah Li Al-Imâm  Al-Muthallibi Muhammad Bin Idrîs Al-Syâfi'i, Tahqîq Ahmad  Muhammad Syâkir (Beirut: Dar al-Fikr, nd, n.d.), pp.8-10. 35Wael B. Hallaq, Sejarah Teori Hukum Islam (Jakarta:  Rajawali Press, 2000), p. 33. 36Wael B. Hallaq, Sejarah Teori Hukum …, p. 33.reason is permitted to engage, either through ijma' or personal ijtihad in the form of analogy or qiyas.
Al-Shâfi'î's rational framework clearly establishes the Quran as the primary foundation, tasked with addressing fundamental religious issues that are beyond the realm of reason.Reason, on the other hand, is solely responsible for handling technical interpretation matters related to general concepts that require further elucidation.Reason, employing the method of analogy (qiyas), serves only to extract and clarify legal rulings that are already implicitly present in the Quran, enabling their comprehension by all.This underscores the Quranic nature of al-Shâfi'î's rational thought, meaning that his methodological statements are invariably grounded in and aligned with the Quran, stemming from the assumption that all issues are encompassed within the Quran. 37e logical consequence of this understanding of the relationship between revelation and reason is reflected in al-Shâfi'î's thought structure, which places the Quran at the center and aspires to bring all aspects of life under the sovereignty and will of God. 38The Quran is understood as the divine legislative authority in terms of its wording and meaning, and therefore, the language they understood is undoubtedly inseparable from the understanding of the existence of transcendental meaning in language.Meaning existed before language, and language is merely an instrument for wrapping and conveying God's ideas.Reading and interpreting to uncover the meaning contained in the Quran is essentially only aimed at uncovering the meaning intended by God. 3937 The term "Qur'anic rationality" applied to al-Shâfi'î's thought has been echoed by other scholars, including Imam Nakha'i, Head of Education and Teaching Division at Al-Ma'had Al-'Ali Sukarejo Situbondo.See Imam Nakha'i, "Posisi Akal Lebih Tinggi dari Wahyu" in www Islamlib.Com 26 Juli 2004.Similarly, Nashr Abu Zaid attributes al-Shâfi'î's consistent recourse to the Qur'an for resolving all issues and establishing methodologies to the assumption that the Qur'an provides answers to all problems.This, according to Abu Zaid, stems from al-Shâfi'î's Qurayshi descent and his belief that the Qur'an employs the Qurayshi dialect of Arabic.See Nashr Hâmid Abû Zayd, , Al-Imâm Al-Syâfi'i Wa Ta'sîs Al-Idiyulujiyyah  Al-Wasathiyyah, kairo.(Sina Li al-nasyr, 1992). 38pent.Ahsin Mohammad Fazlur Rahman, Islam  (Bandung: Pustaka Hidaya, 2000), p. 91.

Evolution of Qiyas as a Legal Methodology
Qiyas, 40 as one of the methods of establishing law, can be historically mapped into two groups: The first type of qiyas refers to before the time of al-Shâfi'î, which refers to the non-standardized form of qiyas formulation; 41 it was still in its free form as a liberal reasoning in determining a law (reasoning).This form of qiyas was not bound by strict conditions that limited it from liberal, speculative, and dynamic thinking in determining an issue.Qiyas as legal reasoning is also commonly referred to as reasoning (ra'y). 42It was in effect from the time of the Prophet Muhammad as its embryo and matured in the time of Abû Hanîfah as the commander of the ahl al-ra'y school.The second type of qiyas refers to the time of al-Shâfi'î and after, which has been codified and formulated in a standardized manner in al-Risâlah.This model of qiyas has strict, standardized, and rigid conditions, so that it is no longer free and actual legal reasoning, but rather "subjected" to the shadow of religious texts, namely the Quran, Sunna, and Ijma'. 43This model of qiyas began in the time of al-Shâfi'î, which was first formulated in al-Risâlah and has been followed by ushul fiqh scholars to this day.

Formulation of Qiyas before al-Shâfi'î
The primary source of Islamic law in the early stages of Islamic development was the Quran, which was subsequently elaborated and interpreted by the Sunna.In the subsequent phase, following the Prophet's demise and the proliferation of legal issues, there arose a need for reasoning and reinterpretation of these religious texts, known as ijtihad.In the early period, ra'y (opinion) served as the primary tool of ijtihad, preceding the development of more systematic principles of qiyas (analogy) and istihsan (juristic preference).Ra'y represented a method for making 41 Ahmad Hasan, Analogical Reasoning…, p. 5. 42 Al-Jawziyyah, I'lâm Al-Muwâqi'în, Jilid.1…, p. 23. 43Hasan, The Early Development of Islamic Jurisprudence…, p. 137.judicious and discerning decisions guided by the spirit of Islamic wisdom and justice. 44e utilization of ra'y, or personal reasoning, to resolve issues not explicitly addressed by nash (textual sources) was an unavoidable reality during the formative period of Islam.During this era, individuals turned to ra'y to seek solutions to novel problems emerging within society.Prior to al-Shâfi'i, the employment of ra'y as a tool of qiyas (analogical deduction) was relatively rudimentary and applied in its most basic form.The Quran itself exemplifies this approach, often employing the terms matsal (parable), mitsl (example), and ka (like) to establish parallels between different matters, without imposing stringent conditions.This Quranic mode of reasoning ultimately contributed to the development of the qiyas concept. 45e application of qiyas in the form of simple ra'y extended to the Sunna (prophetic traditions) as well.The Prophet Muhammad is reported to have employed qiyas by analogizing the permissibility of kissing one's wife during Ramadan with the permissibility of rinsing the mouth while fasting.If rinsing the mouth does not invalidate the fast, then kissing one's wife should not invalidate the fast either. 46e use of ra'y, 47 or personal reasoning, and qiyas, 48 or analogical deduction, in establishing legal rulings was also 49 practiced by Umar ibn al-Khattab. 5044 Hasan, The Early Development of Islamic Jurisprudence…, p. 137. 45Ibn Qayyim Al-Jawziyyah, ", I'lâm " juz 1,.,n.d.,p. 23. 46 According to al-Sarakhsi, the Prophet Muhammad's directive regarding the use of gold and silver weights provides a compelling example of the validity of qiyas (analogical deduction) based on the underlying value and rationale of a command.Through this hadith, the Prophet instructed the Muslim community to employ qiyas and utilize ra'y (personal reasoning) in deriving legal rulings for novel situations Al-Sarakhsi, Ushûl Al-Sarakhsi, Juz. 2, (Kairo: Mathba'ah al-Sa'âdah,  1953), p. 130. 47 Muhammad Khudhâri Bik, Târîkh Al-Tasyrî ' Al-Islâmi,  (Mesir: Maktabah al-Tijâriyah, 1960), p. 114.48 Meanwhile, according to Abû Zahrah, Umar's ijtihad was based largely on general issues, namely maintaining human goodness in this world and the hereafter Muhammad Abû Zahrah, Târîkh Al-Madzâhib Al-Islâmiyyah, (Mesir: Dâr al-Fikr al-Arâbi, n.d.), p. 23.49 Al-Jawziyyah, "I'lâm Al-Muwâqi'în"…, p. 91.50 Meanwhile, Muhammad Salâm Madzkûr grouped the In fact, ra'y was even employed in matters 51 already addressed by nash (textual sources).52 The ijtihad 53 of Umar ibn al-Khattab exemplifies 54 the significant role of ra'y in determining legal rulings.55 According to Muhammad Khudhâri Bik, Umar was one of the Companions who extensively employed ra'y through qiyas.Ali ibn Abi Talib also extensively employed ijtihad through the method of qiyas, for instance, 56 by analogizing the punishment for someone who drinks wine with the punishment for someone who makes false accusations of adultery.57 The practice of qiyas, as a form of general and liberal legal reasoning, gained further traction during the era of the Tabi'in, the generation following the Companions of the Prophet. Th Iraqi school of jurisprudence, spearheaded by Abu Hanifah and his two disciples, Abu Yusuf and al-Shâfi'i, issued numerous legal rulings based on ra'y authorities, while still adhering to nash (textual sources).For instance, Abu Yusuf upheld the validity of the muzâra'ah contract (leasing agricultural land) by analogizing it to the permissibility of the mudharabah profit-sharing contract.The permissibility of mudharabah itself was derived from analogizing it to the permissibility of the musâqah contract (leasing fruit orchards), which was explicitly allowed by the Prophet Muhammad.Thus, the validity of muzâra'ah was established through a double qiyas, or qiyas based friend's ijtihad method into three parts, namely istihsan, maslahat, and interpretation of the text Muhammad Salâm Madzkûr, Al-Madkhal Li Al-Fiqh Al-Islâmi (Beirut: Dâr al-Fikr, n.d.) on the outcome of another qiyas.58 This type of reasoning by the Iraqi school exemplifies the liberal and systematic application of far' (extending analogy).Furthermore, the phenomenon of double qiyas demonstrates that the precedent upon which an original qiyas is based is not absolute; rather, qiyas can also be a form of general rational argumentation.
The jurists of Medina (fuqaha Madinah) also extensively employed qiyas in its broader sense, encompassing ra'y (personal reasoning).Imam Malik frequently used terms like maslahah (public interest), ka (like), and bi manzilah (similar to) in his compilation, al-Muwatta'.One example of qiyas employed by the Medinan jurists is the prohibition of performing Hajj on behalf of a living person.This is analogized (qiyas) to the prohibition of observing fasts and prayers on behalf of others. 59The Medinan scholars also utilized qiyas in determining the minimum amount of dower (mahr) for a woman, setting it at a quarter of a dinar. 60This amount was derived through analogy with the value of stolen goods required for the application of the hadd punishment 61 The concept of qiyas (analogical deduction) evolved within the early schools of Islamic jurisprudence, encompassing the notions of equivalence, precedent, reason, and established legal principles.For early jurists (mujtahid), even a slight similarity was considered sufficient to employ qiyas, and its application was not bound by rigid or complex rules.Moreover, the jurists of Medina and Iraq viewed qiyas as essentially akin to ra'y (personal reasoning), involving the derivation of new legal rulings through deliberation, logical deduction, and social analysis, all anchored in the spirit of Islamic justice.The primary distinction between the Medinan and Iraqi approaches to qiyas lay in the emphasis placed by each school: Medinan jurists prioritized The implementation of qiyas in its broader sense (ra'y) has significant implications for Islamic law, fostering a dynamic, liberal, and adaptable legal system.This stems from the recognition that Islamic law is not confined solely to the literal interpretation (haqîqat al-lafzh) of Quranic verses and Prophetic traditions, which, by their very nature, address a limited range of issues.

The Formulation of al-Shâfi'i's Qiyas
The liberal application of ra'y (personal reasoning) within early Islamic jurisprudence led to a proliferation of diverse legal interpretations, often resulting in conflicting rulings on the same issue.Ibn Muqaffâ, a contemporary scholar, observed that this divergence of opinions created legal chaos, with actions deemed permissible in one region being prohibited in another. 63In extreme cases, a single legal matter could be considered both lawful and unlawful within the same jurisdiction.This lack of consensus and legal certainty prompted several scholars to advocate for a unified legal system and a more restrained use of ra'y.Among these scholars 64 , Muhammad ibn Idris al-Shâfi'i emerged as a prominent figure, developing a structured methodology for qiyas (analogical deduction) to address the issue of diverging legal opinions.
Al-Shâfi'i deliberately formulated qiyas with strict conditions to curb the arbitrary use of ra'y by early schools of jurisprudence.For him, valid and permissible ijtihad or legal reasoning (ra'y) by a mujtahid was only qiyas.Al-Shâfi'i then set forth the conditions for one to perform qiyas, namely: mastering the Arabic language and its elements, such as nahw, sharaf, and balaghah; knowing the teachings of the Quran, such as Quranic ethics, naskh mansukh, and general or specific terms; 62 Hasan, The Early Development of Islamic Jurisprudence…, p. 140. 63Read Ibn Muqaffâ, Risâlah Fi Al-Shahâbah, in Rasâ'il  Al-Bulaqhâ' (Kairo: Mathba'ah al-Ma'ârif, 1954), 126.
64 Ibn Muqaffâ was one of the scholars who tried to unite several different opinions.He decreed that only imams or caliphs could use ra'y, while others could not.People may submit suggestions to the caliph or imam, but may not express their personal opinions delving into the Sunna, agreed-upon and disputed issues, and mastering sound logic or common sense. 65With these conditions, the application of qiyas became narrower, as a mujtahid who would apply qiyas had to meet quite stringent requirements.Moreover, the qiyas method that al-Shâfi'i intended was limited only to revealing the law that was practically present in religious texts (nushush), even though its existence was obscure or hidden. 66In other words, the qiyas formulated by al-Shâfi'i had to be in accordance with and "subordinate" to the Quran.
Prior to al-Shâfi'i, qiyas was understood as free reasoning in seeking legal rulings (ra'y).However, under al-Shâfi'i's framework, it became narrowly defined as the comparison of two parallel things based on their similarity, technically known as the legal cause ('illat al-hukm).Furthermore, this analogical deduction had to be grounded in the texts of the Quran and the Sunna.This implies that qiyas was not an independent methodology but rather bound by the dictates of religious texts (nushûsh al-syarî'ah), namely the Quran and the Sunna.
Building upon this foundation, al-Shâfi'i initiated his qiyas theory with an explanation of nash.For him, nash was "a text that contains only one meaning" or "a text whose interpretation is the text itself."In this context, there is clearly no role for ra'y in its interpretation. 67Subsequently, he contrasted ra'y with nash, asserting that matters explicitly addressed in nash should not be subjected to interpretation through ra'y.Al-Shâfi'i maintained that no event befalls an individual without a guiding principle regarding that event being present in the texts of the Quran and the Sunna.This implies that reason has no independent role whatsoever in contributing to the determination of a legal ruling. 68e collision of opinion (ra'y) with text (nash) and the subordination of ra'y to the hegemony of nash, as advocated by al-Shâfi'i, entails a reduction 65 Al-Syâfi'i, Al-Risâlah Li Al-Imâm Al-Muthallibi Muhammad  Bin Idrîs Al-Syâfi'i, Tahqîq Ahmad Muhammad Syâkir, p. 70.   Nashr Hâmid Abû Zayd, "Al-Imâm Al-Syâfi'i," n.d., p. 94. 67 Hasan, The Early Development of Islamic Jurisprudence…, p. 122. in the meaning of nash.This is because nash, prior to al-Shâfi'i, and even according to al-Shaibani, the originator of the term nash, was interpreted as the textual meaning of the word (haqîqat al-lafdz).Consequently, it was possible to deviate from nash, as ijtihad based on ra'y did not necessarily uphold justice, as exemplified in Umar's ijtihad that did not adhere to the literal meaning of the Quran. 69owever, al-Shâfi'i established this principle as a legal norm vis-à-vis ra'y, even asserting that ra'y must be subordinate to nash.
Al-Shâfi'i's Quranic nature is evident in his concept of qiyas.Al-Shâfi'i's ushul al-fiqh reasoning grounds the Sunna in the Quran.He also strives to base the legitimacy of ijma' on the Sunna, so that ijma' itself becomes a text. 70In constructing the foundations of qiyas, al-Shâfi'i does not require ijma', as ijma' is already intertwined with the Sunna, hence he bases it directly on the Quran.This means that the qiyas developed by al-Shâfi'i is a method that merely reveals the hidden legal indications in the Quran.
When qiyas is limited to inferring facts from explicit textual evidence (dalîl), the transition from the sign (dalîl) to the indicated law (madlûl) should be determined by identifying the relationship that links the dalîl to the madlûl.However, al-Shâfi'i restricts this relationship to factual similarity and resemblance alone, from which the law is derived through the qiyas procedure.This relationship of similarity progresses gradually from universal general principles (al-âm al-sya'i') to specific partial principles (al-khâsh al-nâdir), starting from the principle of similarity (al-mumâtsalah), resemblance (al-musyâbahah) in one legal meaning (illat), and multi-faceted layered resemblance (al-tasyabbuh al-murakkab). 71cording to al-Shâfi'i, a mujtahid who practices qiyas (al-qâis) can attain the ability to uncover the hidden indications within the Quranic text and the signs that point to new realities.However, they must not exceed the framework of textual signs to create new solutions.For if 69 Ahmad Hasan, Analogical Reasoning…, p. 14. 70 Al-Syâfi'i, Al-Risâlah Li Al-Imâm Al-Muthallibi Muhammad  Bin Idrîs Al-Syâfi'i, Tahqîq Ahmad Muhammad Syâkir.   Nashr Hâmid Abû Zayd, "Al-Imâm Al-Syâfi'i." an al-qâis creates new solutions, they are then employing the principle of istihsan (mustahsin). 72 support of his theory of qiyas being subordinate to nash, in addition to contrasting ra'y and nash, al-Shâfi'i also "propagandized" that in reality, there is an "enmity" in society between the ahl al-hadith and the ahl al-ra'y, who each seek hegemony in deciding a law.According to al-Shâfi'i, the ahl al-hadith only use al-Hadith alone in deriving law without any role of ra'y at all, and vice versa, the ahl al-ra'y only use ra'y alone in deriving law, without any role of al-Hadith at all. 73ased on these two opposing extremes, al-Shâfi'i then tries to find a middle ground, namely with his theory of qiyas, that the role of reason is still functional, but not free like the use of ra'y, but is directed to be in accordance with religious nash, namely al-Qur'an and al-Hadith.This qiyas has seemingly made al-Shâfi'i a moderate school of thought, trying to combine two different extremes.
However, according to Ahmad Hasan, the notion that there were two extreme groups of ahl al-hadith and ahl al-ra'y, who each relied exclusively on al-Hadith or ra'y in deriving law, is incorrect.The reason is that the ahl al-hadith at that time also used ra'y, such as Imam Malik in al-Muwatta'. 74Similarly, the people of Iraq, whom al-Shâfi'i labeled as ahl al-qiyas, also frequently used al-Hadith in their arguments.This indicates that a sharp distinction between ahl al-hadith and 72 Al-Shafi'i's belief that an al-qâis has the ability to uncover meaning, not to discover meaning by applying the principles of similarity (al-mumâtsalah), resemblance (almusyâbahah) in one legal meaning (illat), and multi-faceted layered resemblance (al-tasyabbuh al-murakkab), is analogous to the belief of rhetoricians, who transfer the relationship from sensory stimuli to meaning, and in doing so, the value of resemblance increases through their ability to conceive the consciousness to uncover other relationships that exist in all things, without having to be creators.See Nashr Hâmid Abû Zayd, "Al-Imâm Al-Syâfi'i." 73 "In His Various Writings, Al-Shāfi'ī Frequently Employs the Terms Ahl Al-Ḥadīth, Ahl Al-Qiyās, and Ahl Al-Kalām.According to Him, Ahl Al-Ḥadīth Are Scholars Who Rely Heavily on Al-Ḥadīth in Their Legal Rulings, Disregarding Ra'y (Personal Opinion).Ahl Al," n.d. 74"Even during Al-Shāfi'ī's Lifetime, There Were Hadith Scholars Such as Al-Zuhri (d.124 H), Shu'bah (d.160 H), Sufyān Al-Thauri (d.161 H), Sufyān Ibn 'Uyaynah (d.198 H), and Waqī' Ibn Al-Jarrah (d.197 H).However, They Made No Attempt to Eradicate or O," n.d.

| 134
ahl al-ra'y did not exist in the early period.The conflict only emerged in the post-Shâfi'i era, when madhhab tendencies became deeply entrenched among their followers.It could even be said that the antagonism between ahl al-hadith and ahl al-ra'y began due to al-Shâfi'i's "propaganda" efforts.

Aristotle's Logic and Imam al-Shâfi'i's Qiyas Reasoning
The hierarchical concept of al-Shâfi'i's legal sources, which places the Quran as the primary source, followed by the Sunna, ijma', and qiyas, along with their reciprocal relationship, theoretically finds legitimacy in Aristotelian philosophy. 75urthermore, al-Shâfi'i's concept of qiyas, which positions the Quran as the primary law (ashl), draws strong legitimacy from Aristotelian logical syllogism. 76Thus, the verses in the Quran function as the major premise, while the new case for which a ruling is sought serves as the minor premise. 77cording to Schacht, the influence of Aristotelian logic on qiyas in ushul al-fiqh can be seen in the adoption of the concepts of major premise (a maiore ad minus), minor premise (a minore ad minus), argument of sorites, the concept of genus, species, and regressus ad infinitum. 78This 75 According to Rahman, the hierarchical nature of legal sources, which places the Qur'an as the primary source and the foundation for subsequent legal sources, is similar to Aristotelian metaphysics, which aims to enable humans to live under God's sovereignty and in accordance with His will.See Fazlur Rahman,Islam…,p. 90. 76 The dynamic development of usul al-fiqh, which has gone through several stages, from its embryonic stage to the systematic codification of the time of al-Shafi'i and the post-al-Shafi'i development period, cannot be separated from several internal and external factors that influenced its birth and development.One of the external factors that is strongly "suspected" of influencing the development of usul al-fiqh, especially the concept of qiyas, is Aristotelian logic.According to Taha Jabir al-Alwani, the fundamental principles of usul al-fiqh are closely related to other disciplines, such as Aristotelian Logic (manthiq Aristo), scholastic theology (ilmu kalam), linguistic rules, Qur'anic sciences, Hadith sciences, and specific fiqh issues Source Methodology in Islamic Jurisprudence…,p. 3. 77 See Hasan, The Principles of Islamic Jurisprudence…, p. 13. 78 Greek-Roman tradition has influenced fiqh (Islamic jurisprudence) and usul al-fiqh (principles of Islamic jurisprudence) in several ways, including the concept of utilitas ratio (public interest) finding its equivalent in istishlah, the legal maxim "the child belongs to the bed (of the mother)" ‫دلولا(‬ ‫)شارفلل‬ mirroring the Roman one.The punishment of influence began during the period of codification of ushul al-fiqh and the standardization of qiyas as a method of ijtihad with specific conditions, namely during the time of al-Shâfi'i.This means that al-Shâfi'i, as the founder of ushul al-fiqh and the codifier of the concept of qiyas, was indeed heavily influenced by Aristotelian logic from the outset.
Several factors indicate that al-Shâfi'i was influenced by Aristotelian logic: First, Aristotelian logic had entered the Islamic world through theology.Kalam scholars at that time widely adopted Aristotelian logic as a tool to strengthen their arguments in debates with Christians and Jews who had already mastered logic.Al-Shâfi'i was also a theologian who studied theology extensively, so it is not impossible that he absorbed a great deal of Aristotelian logic as well. 79Second, al-Shâfi'i was proficient in Greek, the native language of philosophy.Abû Abdullah al-Hâkim, in his book Manâqib al-Shâfi'i, explains that al-Shâfi'i was once asked by Hârûn al-Rasyîd about medicine, and he replied: "Indeed, I know what the Romans and Greeks say, such as Aristotle, Mahraris, Jalinus and Asdafalis, in their language". 80Third, there are conceptual similarities between al-Shâfi'i's theory of qiyas and Aristotle's theory of syllogism. 81These similarities lie in the use of terms with their genus and differentia, major premise, minor premise, conclusion, and the function of each premise. 82cutting off the hand for theft in Islamic law is influenced by the concept of furtum (theft) in Roman law.Similarly, the concept of rahn (mortgage) in Islamic law is analogous to the concept of pignus (pledge) in Roman law.See Joseph Schacht, Foreign Elements in Ancientp. Islamic Law,' in Islamic Law and Legal Theory,Ed. Ian Edge (New York: New York University Press, 1996), pp. 3-13. 79 Given his expertise in Islamic theology (kalam), al-Shafi'i once stated, "If I desired to compose a voluminous work encompassing theological issues, I would be capable of doing so.However, kalam is not a discipline that falls within my purview or responsibilities."This suggests that al-Shafi'i was himself a theologian.See Jalâl al-Dîn Al-Suyûthi, Shawn Al-Manthiq Wa Al-Kalâm 'an Fann Al-Manthiq Wa Al-Kalâm (Kairo:  Dâr al-Kutub, 1948), p. 66. Al-Shâfi'i, in his seminal work al-Risalah, does not explicitly cite or discuss Aristotelian logic.However, the very structure and methodology employed in al-Risalah reveal the underlying influence of Aristotelian logical principles.Mushtafa Basya identifies the use of dominant terms and systematic classification in addressing legal issues as key elements of Aristotelian logic evident in al-Risalah.This approach mirrors the prevalent practices of logicians during that era.Additionally, al-Shâfi'i utilizes the method of discussion (al-hiwar wa al-jidal) to elucidate legal concepts, creating a dialogue-like format where opposing viewpoints are presented and debated. 83This method of discourse in al-Risalah is enriched with various logical constructs, including inference, genus, and species. 84e concept of qiyas introduced by al-Shâfi'i represents a novel approach -a procedure for deriving legal rulings based on a set of rigorous conditions grounded in the established sources (nash).This standardization distinguishes al-Shâfi'i's qiyas from the earlier, more flexible and dynamic understanding of legal reasoning.Notably, while al-Shâfi'i himself did not explicitly outline these specific conditions, later scholars identified four key criteria that must be met for valid qiyas: ashl (the original case), far' (the new case), hukm alashl (the ruling in the original case), and illat (the effective cause). 85Interestingly, the structure of qiyas exemplified by al-Shâfi'i aligns closely with the premises found in syllogisms of Aristotelian logic.
83 "This Method of Arguing Is Also Taught by Aristotle's Logic, Read Aristoteles, Topik (Organon Teil V) (Leipzig: Verlag Von Felix Meina, 1948)" (n.d.). 84Al-Râziq, Tamhîd Li Târîkh p. 245. 85 Sulaiman Abdullah, Konsep Al-Qiyas Imam Al-Syâfi'iy  Dalam Perspektif Pembaharuan Hukum Islam," in Islamic Studies  Dissertation, (Jakarta: IAIN Syarif Hidayatullah, 1993) a general guideline, 89 Aristotle, in Prior Analytics 24b 18, 90 expressed syllogism as a form of causal 91 implication (if-then); 92 if A is B, and B is C, then A is C. 93 Meanwhile, in Prior Analytics Book I, Chs.4-7, 94 Aristotle employed inference formulas in constructing syllogisms.Inference in syllogism is typically formulated with "therefore." Fo instance, A is B, B is C, therefore, A is C. 95 A comparative analysis of qiyas al-Risâlah and Aristotelian syllogism reveals several key similarities.Both employ a three-part structure consisting of a major premise, a minor premise, and a conclusion.Furthermore, the function of each premise in both qiyas and logic remains consistent: to arrive at a logically sound and valid conclusion.
In this treatise, qiyas al-Shâfi'i can be structured in the form of a syllogism once the 'illah (effective cause) of the law is identified.The major premise consists of the ashl (original case), hukm al-ashl (ruling on the original case), and 'illah (effective cause), or just the 'illah itself.The minor premise is the new case to be compared (far').
An analysis of al-Shâfi'i's 96 scholarly influences reveals that his concept of qiyas is rooted in the method of tashbih 97 in the science of balaghah.Arithmetic and Logic, (Holland: D. Reidel Publishing Company, 1962), pp. 5-8. 96 Tasybîh is part of 'ilm al-bayân in balaghah, apart from majâz and kinâyah.Tasybîh is defined as equating one thing with another because of similar characteristics, for example Muhammad is like the moon (in terms of its brightness).In terms of balaghah, Muhammad's lafadz is called musyabbah, the moon is called musyabbah bih, and brightness is called wajh al-syabah, read, for example Hafni Bik, (Et.Al), Kitâb Qawâ'id Al-Lughah Al-'Arrabiyyah Li Talâmidz Al-Madâris Al-Tsânawiyyah,  (Surabaya: Maktabah al-Hidâyah, n.d.), p. 121. 97Abû Bakr 'Abd al-Qâhir Ibn 'Abd al-Rahmân Al-Jurjâni, This method was first introduced by al-Khalil Ibn Ahmad al-Farahidi (d.170 H) and was subsequently developed by his student Sibawayhi (d.180 H).Al-Shâfi'i (150-204 H), who lived in the following era, deliberately adopted this method of tashbih from the experts of nahw and balaghah and employed it as a specific technique for deriving and generalizing legal rulings, which he termed qiyas. 98cording to al-Jâbiri, al-Khalîl bin Ahmad and Sibawayhi were heavily influenced and inspired by Greek sciences, including Aristotelian logic, in their formulation of Arabic grammar.This is because, 99 in addition to their mastery of knowledge in the Quran, hadith, fiqh, and other fields, al-Khalîl bin Ahmad also possessed knowledge of mathematics, logic, music, and astronomy, which were all derived from Greek civilization at the time. 100ile the transfer of Greek civilization had not reached its peak during al-Shâfi'i's time, it is acknowledged that during that era, namely the reign of Hârûn al-Rasyîd, the transfer of Greek philosophy had already taken place.In fact, even during the reign of the preceding caliph, al-Manshûr (753-775 CE), Aristotelian logic had begun to be translated.In short, the Greek philosophical tradition had permeated and influenced the Asrâr Al-Balâghah Fi 'Ilm Al-Bayân, Ed. Muhammad Rasyîd Ridhâ, (Kairo: Mathba'ah al-Tarâqi, 1320), p. 15. 98 Evidence that clearly shows that al-Syâfi'i took the concept of qiyas from the method of Tasybîh al-Khalîl bin Ahmad and Sibawayhi is the naming of the book al-Syâfi'i by al-Syâfi'i which was originally given the name al-Kitab.The name al-Kitâb is similar to the name of a book written by Sibawayhi on Arabic grammar.More than that, it is reported that al-Syâfi'i lived and associated with nahwu experts, especially al-Khalîl bin Ahmad and Sibawayhi for a long time because he studied the grammar of the language.Read Muhammad Âbid Al-Jâbiri, Post Tradisionalisme Islam, Pent.Ahmad Baso,  (Yogyakarta: LKIS, 2000), p. 88. 99 Khalîl bin Ahmad did not just master this Greek knowledge normatively and statistically, but developed it into integral and interdisciplinary knowledge.Furthermore, Khalîl bin Ahmad is considered to be the first nahwu expert who introduced logical methods, especially regarding 'illat (causa) into nahwu, although it was not as radical as later times.For example, he began to give reasons why in the case of al-nidâ' (calling) there are certain rules regarding the i'râb, especially rafa' and nashab.Even though he only put forward a few Greek theories, namely the concept of 'illat, it was enough to surprise the nahwu experts who were with him at the time.Read Muhammad Âbid Al-Jâbiri, Takwîn Al-'Aql Al-'Arabi,  (Beirut: Markaz Dirâsah al-Wahdah al-'Arabiyyah, 1989), p. 81. 100 Abdillah Zamzam A, "Pro-Kontra Pengaruh Filsafat  Terhadap Nahwu," Adabiyyat, vol.1, no. 2 (2003), p. 20.edifice of Islamic thought, encompassing theology (kalam), philosophy, and mysticism (tasawuf),101 and even 102 Islamic 103 law (fiqh) 104 and its principles 105 (ushul al-fiqh). 106Muslim thinkers such as Muhammad Yûsuf Mûsâ, 107 Ahmad Nahrawi, and Mushthafâ 'Abd al-Râziq 108 all agreed that there were aspects of Islamic law (fiqh and ushul al-fiqh) that were inspired by Greco-Roman civilization. 109gardless of whether al-Shâfi'i was influenced by Greek philosophy in his legal methodology or not, it is clear that theoretically the two have similarities.It is on this plane that al-Shâfi'i's Quranic hermeneutics finds a strong theoretical foundation in the tradition of pre-Islamic sciences (ulum al-awa'il).

Implications of al-Shâfi'i's Quranic Reasoning and Its Solutions
Al-Shâfi'i's Quranic reasoning, along with its epistemological hierarchy, which also draws theoretical foundations from Aristotelian logic, has had a significant impact on the development of Islamic law, particularly the concept of qiyas, whether acknowledged or not.Prior to al-Shâfi'i, qiyas was still in its rudimentary form, functioning as a free-form liberal reasoning approach to legal determination. 110This qiyas was not constrained by stringent criteria that would have limited its ability to engage in liberal, speculative, and dynamic problem-solving. 111This legal reasoning (qiyas) was also commonly referred to as ra'y. 112It began to take shape during the Prophet's time and reached maturity during Abu Hanifah's era as the leader of the ahl al-ra'y school of thought.
Subsequently, during al-Shâfi'i's era, qiyas underwent standardization and codification.The concept of qiyas became more complex, adhering to a set of stringent "conditions" and required to conform to or "subordinate" to the hierarchy of the three preceding legal sources: the Quran, the Sunna, and Ijma'. 113Al-Shâfi'i's standardized qiyas model, presented in al-Risalah, was ultimately adopted by many subsequent ushul scholars.This was due to the fact that, in addition to its systematic ushul framework, al-Shâfi'i was also regarded as the founder and father of ushul fiqh, and as a result, subsequent scholars often emulated al-Shâfi'i's approach.
The strict application of the syllogisticdeductive method to qiyas al-Shâfi'i is admittedly not conducive to progress.This means that while deductive reasoning can lead to scientific advancement, this progress is not rapid or revolutionary.This is because the scientific conclusions drawn from syllogistic reasoning do not generate new original knowledge, but rather simply "follow" the universal principles of the major premise, which naturally do not differ much from the scientific conclusions themselves. 114Moreover, the application of Aristotelian deductive logic was taken to extremes by medieval thinkers, who completely disregarded observation and experience in the real world.Al-Muwâqi'în 'an Rabb Al-'Alamîn…,  p. 23. 113Hasan, The Early Development of Islamic Jurisprudence…, p. 5. 114 Muhammad Baqir Al-Shadr, Falsafatuna: Pandangan Muhammad Baqir Al-Shadr Terhadap Pelbagai Aliran Filsafat  Dunia, Transl.M. Nur Mufid (Bandung: Mizan, 1992), p. 41. 115 For example, the extreme application of Aristotle's logic is in solving the problem of the number of horse According to Bacon,116 deductive-syllogistic logic provides no benefit whatsoever, as it adds nothing to humanity's ability to master the world and nature. 117For Bacon, the proper logic for the advancement of knowledge is induction, which involves observing nature without prejudice and establishing facts based on experiments. 118In his view, deductive logic is not sufficient to find truth, as the complexity of nature far exceeds the complexity of arguments. 119 light of the preceding discussion, Aristotelian logic can be viewed as a double-edged sword.On one hand, it embodies the commendable spirit of rationality (burhâni). 120On the other hand, its rigid logical format prioritizes form over substance. 121teeth.Thinkers who took Aristotle's logic to the extreme solved it not by observing and counting horse teeth, but instead approached it with logic.Read George J. Mouly, "Perkembangan Ilmu," in Jujun S. Suriasumantri, Ilmu Dalam Perspektif: Sebuah Kumpulan Karangan Tentang Hakekat Ilmu, (Jakarta: Yayasan Obor Indonesia, 2001), p. 87.

| 138
This implies that while Aristotelian logic as a whole exudes a dynamic, rational, and revolutionary (burhâni) spirit, its syllogistic aspect falls short in driving significant progress, as it merely reiterates the conclusions of preceding premises.
According to the author, al-Shâfi'i's approach to Aristotelian logic was predominantly partial, focusing on the syllogistic method rather than the underlying rational spirit (burhâni) of Aristotelian thought.This emphasis on syllogism while neglecting the burhâni spirit resulted in a form of qiyas (legal reasoning) that was more inclined to adhere strictly to the sacred texts, thereby limiting the dynamic, adaptable, and liberal potential of logic within al-Shâfi'i's model.This partial adoption of Aristotelian logic was not unique to al-Shâfi'i; it was also prevalent among subsequent Islamic legal scholars, such as al-Ghazâli.According to al-Jâbiri, these thinkers primarily utilized Aristotelian logic as a tool, specifically the syllogistic method, while disregarding the broader philosophical framework and underlying burhâni spirit of Aristotelian thought. 122This partial adoption led to a mode of thinking that was less productive and more consumptive, characterized by a tendency to defer to religious texts through the application of the qiyas method. 123As a consequence, reason was not granted an independent role in the process of legal determination.Al-Shâfi'i's concept of qiyas was primarily aimed at elucidating what was already present in the texts, thereby indirectly restricting the role of the mujtahid (legal scholar) in employing qiyas to uncover legal principles beyond those explicitly stated in the Quran and Sunna. 124oncepts, decisions, conclusions and proof) regarding their logical structure.The main task of formal logic is to formulate laws and principles.Adherence to these laws and principles is a condition for achieving correct results in the pursuit of knowledge by deduction.The core of this formal logic is the concept of syllogism.Read Lorens Bagus, Kamus Filsafat,  (Jakarta: Gramedia Pustaka Utama, 2000), p. 533.
The evolution of the qiyas concept since the time of al-Shâfi'i necessitates a reformulation of the qiyas reasoning model in ushul fiqh.This reformulation aims to restore qiyas to its original form, namely the discovery of new hukum (Islamic law) based on contemplation, reasoning, and social analysis that emphasizes the spirit of justice and dynamism. 125This reformulation, when linked to the concept of logic, can be done in two ways. 126ne approach involves introducing a new, modern logical framework, as Aristotelian logic is seen as outdated and hindering progress.Alternatively, a critical re-reading of the Aristotelian structure could reveal its inherent dynamism, liberalism, and revolutionary potential.When connected to Quranic reasoning, reformulation can involve granting reason a more prominent role in deriving law, moving beyond a strict adherence to the literal text (dhahir al-nash).
A critical examination of the entire logical structure, not just syllogisms, and a greater emphasis on reason are expected to lead to the emergence of the concept of qiyas (awsa'), which is qiyas as a logical, accommodating, responsive, liberal, and rational reasoning process for discovering new Islamic law.According to al-Jâbiri, the way out of the stagnation and confinement of reasoning to the text in the Islamic world is to reconstruct the reasoning model once used by Muslim thinkers in Andalusia, such as Ibn Hazm, Ibn Rusyd, Ibn Khaldûn, Ibn Thufayl, al-Syâthibi, syllogistic method, including qiyas, does not bring new knowledge, because the final conclusion must be the same as the major premise.Al-Shadr, Falsafatuna: Pandangan  Muhammad Baqir Al-Shadr Terhadap Pelbagai Aliran Filsafat  Dunia, Transl.M. Nur Mufid…, p. 41. 125 Hasan, The Early Development of Islamic Jurisprudence…, p. 146. 126Aristotle's logical approach which is syllogistic deductive in nature was the only effective method for thinking systematically in the Greek and Roman era up to the time of Galileo and the Renaissance.However, in subsequent developments, namely at the beginning of the seventeenth century, Aristotle's traditional logic began to be challenged and criticized because it was felt that it was no longer relevant to developments in the times that demanded scientific progress.Instead, the inductive method or logic pioneered by Francis Bacon began and was refined into inductive-deductive logic, pioneered by Charles Darwin.Read George J. Mouly, "Perkembangan Ilmu," in Ilmu dalam Perspektif, ed.Jujun S. Suriasumantri, pp.87-90; Louis P. Pojman, Philosophy: The  Quest for Truth, (New York: Wadsworth Publishing Company,  1999), p. 23. and Ibn Bâjah.He argues that their appreciation of Aristotelian philosophy and logic, combined with their emphasis on reason, is both fascinating and dynamic.They sought to provide a rational foundation for the Quranic tradition (bayâni) that had become rigid since the codification era.Based on their critical appreciation of Aristotelian philosophy 127 and logic, they developed various reasoning methods, such as deduction, induction, universalism, causality, historicity, and the concept of maqâsid al-syarî'ah. 128

Conclusion
For al-Shâfi'i, qiyas, as one of the sources of Islamic law, served solely to elucidate implicit or ambiguous legal rulings within the Quranic text, not to establish new Islamic law.This paradigm, which also drew theoretical support from Aristotelian logic, particularly syllogistic theory, rendered al-Shâfi'i's qiyas less responsive and prone to stagnation.This is because it adhered to the principle of syllogistic logic, where the conclusion invariably follows the major premise.In qiyas, the major premise is derived from the literal text of the Quran.
To break free from the stagnation of al-Shâfi'i's qiyas, a critical reappraisal of the qiyas concept is necessary.This reappraisal can involve a critical examination of Aristotelian logic's tools and a maximization of reason's potential, as exemplified by the works of Ibn Hazm and Ibn Rusyd.This approach can lead to the development of dynamic, liberal, accommodating, and up-to-date legal theories, such as qiyas jami' (awsa'), the principles of universalism, historicism, and induction.

in
Makalah Deciphering Al-Shâfi'î's Rationality in Usul Al-Fiqh: A Critical Discourse), Paper Presented at the Book Review Seminar at the Center for Islamic Studies [PSI] Universitas Islam Indonesia," 2004. 40Ahmad Hasan, The Early Development of Islamic Jurisprudence…, p. 137.
Creslaw Lejewski, "History of Logic," in The Encyclopedia of Philosophy, Ed.Paul Edwards Vol. 3 (New York and London: Macmillan Publishing Co., Inc. & The Free Press, n.d.), p. 516.Evert W. Beth, Formal Methods: An Introduction to Symbolic Logic and to The Study of Effective Operations in 90 95