عند انعدام ما فوقه من الدليل
When no higher-ranking proof is available.
Qiyas cannot displace a ruling already established through applicable Quranic, Prophetic or consensual evidence. Nonetheless, identifying the scope, wording and relevance of a text may itself require serious legal investigation.
Two mistakes:
1. Begin with an analogy without searching for superior evidence.
2. Assume that every juristic inference is a free choice without examining its textual foundation.
The proper order first establishes the authority and meaning of the higher proof, and then identifies what remains open to analogical reasoning.