LessonsApplying Validity Conditions and Identifying Causes in Legal AnalogyQuiz

أن لا يكون الفرع منصوصاً عليه
The proposed new case should not already be independently governed by a text.

Some expiatory texts qualify emancipation with a believing slave, while others employ unrestricted language. Importing the qualification from one expiation into another solely by analogy raises a conflict about the scope of each textual provision.

First identify the wording and legal setting of each expiation. Only then ask whether independent authoritative evidence connects them. A governing text for the new case cannot simply be displaced by analogy.

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The new case must not already be governed by its own text

Applying Validity Conditions and Identifying Causes in Legal Analogy

أن لا يكون الفرع منصوصاً عليه
The proposed new case should not already be independently governed by a text.

Some expiatory texts qualify emancipation with a believing slave, while others employ unrestricted language. Importing the qualification from one expiation into another solely by analogy raises a conflict about the scope of each textual provision.

First identify the wording and legal setting of each expiation. Only then ask whether independent authoritative evidence connects them. A governing text for the new case cannot simply be displaced by analogy.