Is the fatwa of a scholar who relies on analogy (qiyas) in all matters and does not consider consensus (ijma') to be taken?
Analogy () is resorted to only when there are no explicit legal texts or established consensus (Ijma'). It is a form of commanded justice, meaning equal treatment for similar cases and differentiation for dissimilar ones. There is evidence for its authoritative validity from the Holy Quran, the of the Prophet, and the sayings of the Companions, such as the of Mu'adh (may Allah be pleased with him). If a scholar is qualified and employs sound analogy, with its conditions—the most important of which is that it should not contradict a legal text or an established consensus—then there is no objection to accepting their ; otherwise, it holds no weight.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 23864
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy