LessonsEight Objections to Legal Analogy and How They Are AnsweredQuiz

أن يجعل السائل ما جعله المعلل علة لما ادعاه من الحكم علة لضد ذلك الحكم
The respondent makes the very attribute used to prove a ruling into a cause of the opposite ruling.

One argument claims that because a fast is obligatory it requires specific designation in intention. The other employs the same notion of obligation while stressing that a time already legally designated for a fast may not need the same further designation as a makeup fast.

The real dispute concerns the relationship among obligation, a specified time, and designation in intention, not the isolated word “obligatory.”

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Second form of qalb: deriving the opposite outcome

Eight Objections to Legal Analogy and How They Are Answered

أن يجعل السائل ما جعله المعلل علة لما ادعاه من الحكم علة لضد ذلك الحكم
The respondent makes the very attribute used to prove a ruling into a cause of the opposite ruling.

One argument claims that because a fast is obligatory it requires specific designation in intention. The other employs the same notion of obligation while stressing that a time already legally designated for a fast may not need the same further designation as a makeup fast.

The real dispute concerns the relationship among obligation, a specified time, and designation in intention, not the isolated word “obligatory.”