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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is the statement of 'Ali (if religion were by opinion…) used as evidence for the prohibition of qiyas (analogical reasoning)?

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Question:
May Allah reward you, Honorable Shaykh. This questioner says: Is the statement of 'Ali, "if religion were by opinion," and so on, not used as evidence that qiyas (analogical reasoning) is not permissible, because it involves a type of opinion?

Answer:
No, that is not qiyas (analogical reasoning). The correct qiyas (analogical reasoning) is attaching the branch to the root by a cause that unites them. This is what the Muslims have used, and the Qur'an and Sunnah indicate it. The qiyas (analogical reasoning) that is not considered and has no basis in the Shari'ah is what is not permissible. Among the evidence for qiyas (analogical reasoning) from the Sunnah:
The woman who came to the Messenger (peace and blessings be upon him) and said, "My mother… my mother vowed to perform Hajj, or… she died before fulfilling the vow." So he (peace and blessings be upon him) said:
Suppose some debt was due from your mother, would you pay it ? She replied: Yes. He saidأرأيت لو كان على أمك دين أكنت قاضيته؟ قالت نعم قال
Sunan Abi Dawud 3310Sahih (Al-Albani)
(peace and blessings be upon him)
"Then pay off the debt to Allah. Allah has more right to be paid off."فاقضوا الله الله أحق بالقضاء
The Messenger (peace and blessings be upon him) made this analogy. This is the correct qiyas (analogical reasoning). Yes. As for the qiyas (analogical reasoning) that is by opinion and has no support from the Shari'ah, this is not permissible. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، [93\ 3436] هل يستدل بقول علي (لو كان الدين برأي..) على تحريم القياس؟ | الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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