The Meaning of the Phrase: Religious Matters Are Based on Conjecture

Question:
Exactly. Some interpretations and other works state that religious matters are based on conjecture. What is the meaning of this phrase? And are there any means or arrangements that explain this phrase?

Answer:
Not all matters of the Shari'ah are based on conjecture. Not all matters of the Shari'ah are built upon conjecture. Matters built upon mass-transmitted texts or authentic texts from the Messenger of Allah (peace and blessings be upon him) are not built upon conjecture. What is built upon conjecture is the ijtihad (independent legal reasoning) of the jurists; the ijtihad of the jurists is built upon conjecture, because each jurist seeks out what he has reached in this regard. This is what is built upon preponderant conjecture: what he is convinced is the intended meaning of the wording. This applies only to matters of ijtihad. As for matters that are not subject to ijtihad, these are built upon certainty, not conjecture. Matters of creed are built upon certainty. Likewise, matters in which the Qur'an is explicit, such as when it says, "Prohibited to you are dead animals," is this built upon conjecture? Is the prohibition of dead animals built upon conjecture? No. O Ayyimah, I think in it for other than Allah, this is built upon certainty that Allah has previously prohibited these things. And "do not commit zina," is this built upon conjecture? No, it is built upon certainty. So when it is required to be built upon conjecture, no, it is built upon certainty, because Allah (Glorified and Exalted is He) has established it for them and prohibited for them the impure things. Is the prohibition of impure things built upon conjecture?
No, it is based on certainty, because Allah has established the prohibition of unclean things. "And He has made lawful to you the good things," is the permissibility of good things based on conjecture? No. The result is that this statement is general.