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The question

Is the fatwa of a scholar who relies on analogy (qiyas) in all matters and does not consider consensus (ijma') to be taken?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Analogy (Qiyas) is resorted to only when there are no explicit legal texts or established consensus (Ijma'). It is a form of commanded justice, meaning equal treatment for similar cases and differentiation for dissimilar ones. There is evidence for its authoritative validity from the Holy Quran, the Sunnah of the Prophet, and the sayings of the Companions, such as the Hadith of Mu'adh (may Allah be pleased with him). If a scholar is qualified and employs sound analogy, with its conditions—the most important of which is that it should not contradict a legal text or an established consensus—then there is no objection to accepting their fatwa; otherwise, it holds no weight.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
23864
Imported
Translation status
Source text, unreviewed
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