LessonsAdvanced Applied Usul: Testing Evidence and Inference (Supplementary)Quiz

A critic may produce a case where the proposed cause exists but the claimed ruling does not; this raises naqd, although an impediment or omitted condition might still require examination. If the critic identifies a legally relevant distinction between the original and the new case, the objection is farq.

The challenges differ: naqd tests the proposed cause against a counterexample, while farq challenges the transfer between two specific cases. The distinction matters when forming an accurate reply.

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Naqd and farq: two different challenges to analogy

Advanced Applied Usul: Testing Evidence and Inference (Supplementary)

A critic may produce a case where the proposed cause exists but the claimed ruling does not; this raises naqd, although an impediment or omitted condition might still require examination. If the critic identifies a legally relevant distinction between the original and the new case, the objection is farq.

The challenges differ: naqd tests the proposed cause against a counterexample, while farq challenges the transfer between two specific cases. The distinction matters when forming an accurate reply.