LessonsApplying Validity Conditions and Identifying Causes in Legal AnalogyQuiz

وهو القياس بعلة مستنبطة بالرأي والاجتهاد ظاهراً
This is analogy based on an effective cause inferred through qualified reasoning and ijtihad.

Without an explicit statement of the cause, a jurist seeks a suitable attribute connected to the law's relevant purpose and established principles.

A plausible benefit is not automatically a legally recognized cause. Its evidentiary basis, compatibility with other proofs and presence in the new case require examination. This reasoning often operates through a preponderance of probability.

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The third form: inference by legal suitability

Applying Validity Conditions and Identifying Causes in Legal Analogy

وهو القياس بعلة مستنبطة بالرأي والاجتهاد ظاهراً
This is analogy based on an effective cause inferred through qualified reasoning and ijtihad.

Without an explicit statement of the cause, a jurist seeks a suitable attribute connected to the law's relevant purpose and established principles.

A plausible benefit is not automatically a legally recognized cause. Its evidentiary basis, compatibility with other proofs and presence in the new case require examination. This reasoning often operates through a preponderance of probability.