LessonsEight Objections to Legal Analogy and How They Are AnsweredQuiz

وأما فساد الوضع فالمراد به أن يجعل العلة وصفاً لا يليق بذلك الحكم
Fasād al-waḍʿ occurs when an attribute is made the cause of a ruling to which it is not suited.

The attribute may actually exist; the challenge concerns whether it is appropriate to generate the alleged legal result. An attribute that normally protects property rights, for example, cannot be treated without further evidence as a cause of their destruction.

Therefore, proof that an attribute exists and proof that it is legally suitable to produce this ruling are distinct inquiries.

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Fasād al-waḍʿ: a cause unsuitable to its ruling

Eight Objections to Legal Analogy and How They Are Answered

وأما فساد الوضع فالمراد به أن يجعل العلة وصفاً لا يليق بذلك الحكم
Fasād al-waḍʿ occurs when an attribute is made the cause of a ruling to which it is not suited.

The attribute may actually exist; the challenge concerns whether it is appropriate to generate the alleged legal result. An attribute that normally protects property rights, for example, cannot be treated without further evidence as a cause of their destruction.

Therefore, proof that an attribute exists and proof that it is legally suitable to produce this ruling are distinct inquiries.