LessonsThe Mujtahid’s Duty: Evidence Hierarchy, Conflicts, and Revised IjtihadQuiz

ثم من الإجماع، ثم من القياس
Then consult consensus, and then analogy.

When a ruling is not directly resolved by the relevant texts, the jurist checks whether the qualified scholars have established consensus. A proven consensus cannot be bypassed by an individual’s newly proposed opinion. Mere popularity, however, should not be mistaken for consensus.

Qiyas follows. It identifies an established original case, its effective legal cause, and the presence of that cause in a new case. It is a disciplined extension of a prior ruling, not arbitrary creation of law.

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Consensus before analogy

The Mujtahid’s Duty: Evidence Hierarchy, Conflicts, and Revised Ijtihad

ثم من الإجماع، ثم من القياس
Then consult consensus, and then analogy.

When a ruling is not directly resolved by the relevant texts, the jurist checks whether the qualified scholars have established consensus. A proven consensus cannot be bypassed by an individual’s newly proposed opinion. Mere popularity, however, should not be mistaken for consensus.

Qiyas follows. It identifies an established original case, its effective legal cause, and the presence of that cause in a new case. It is a disciplined extension of a prior ruling, not arbitrary creation of law.