ModeBasis of correspondenceKey questionSame typeSpecific legal typeDoes the operative cause remain?Same genusBroader legal genusIs the genus valid and the difference immaterial?Inferred causeSuitable attribute identified by ijtihadIs the evidence strong enough for predominant probability?
The first two analyze the kind of correspondence, while the third considers an inferred cause. Not every objection applies to them in the same way.
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Applying Validity Conditions and Identifying Causes in Legal Analogy
ModeBasis of correspondenceKey questionSame typeSpecific legal typeDoes the operative cause remain?Same genusBroader legal genusIs the genus valid and the difference immaterial?Inferred causeSuitable attribute identified by ijtihadIs the evidence strong enough for predominant probability?
The first two analyze the kind of correspondence, while the third considers an inferred cause. Not every objection applies to them in the same way.