What are the conditions for resorting to analogical reasoning?
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The questioner : Please explain the precise conditions for resorting to analogical reasoning.
The Shaykh : First, among its causes is the absence of an explicit text. Second, it is when a necessity is present or a dire necessity is realized, where there is no alternative but to issue a ruling. In such a case, there is no text from the Book of Allah, nor from the hadith of the Messenger of Allah, nor from the sayings of the righteous Salaf. Therefore, a ruling must be given for that issue. At that point, one resorts to analogical reasoning. This detail is actually taken from the words of Imam al-Shafi'i, who mentioned it in his great book called al-Risalah: "That analogical reasoning is a dire necessity." Therefore, one does not resort to it except out of dire necessity.
And it follows from this... that a new fatwa is issued on an issue the scholars have not discussed. Consequently, they find themselves compelled to engage in independent legal reasoning, but they do not possess the tools for independent legal reasoning. It is like a man who studied one of the industrial or mechanical sciences, or others, theoretically, but did not apply it practically. He will not succeed in producing anything because he has not practiced it practically. This is the state of those who issue today the strange and bizarre fatwas that contradict the Book and the Sunnah. In the name of what? They say that answers must be found for these issues. This is a word of truth, but the answer must be based on the Book, the Sunnah, scholarly consensus, or correct analogical reasoning, as we mentioned earlier. They live without paying any attention to these proofs at all, but rather say, "So-and-so the scholar said this, and so-and-so the imam said that." By Allah, there was another story that happened between me and the mufti of Albania. He came to Damascus in the time of Abd al-Nasser when he was ruling in Egypt. But I am trying now to review how the story unfolded between me and him. He is of that type of mufti, but he is one who follows a scholar without knowing his evidence—La ilaha illa Allah...
The questioner : Perhaps, my Shaykh, when...!
The Shaykh : But what was the occasion? What was the occasion? I am trying to remember.
The questioner : Allah knows best. As for what he told you about the schools of jurisprudence!
The Shaykh : I remember now. I remember the opening of the topic: The Shaykh claimed that there is no issue that arises but has an answer in the books of the schools of jurisprudence. Look at this exaggeration! There is no issue that arises but the scholar finds an answer for it in the books of the schools of jurisprudence. The scholars have branched out and elaborated on the issues so thoroughly that they left no room for anyone to speak. So I said to him: If that were the case, what is the value of this divine favor upon His believing servants in His saying in the noble Qur'an:[Al-Hijr 15:9]? Because according to your claim, if the entire Qur'an were lost, Islam would suffer no harm whatsoever. So Allah preserved for the Muslims the legal issues they need in all branches of the Shari'ah. Therefore, it is a great matter when He said: [Al-Hijr 15:9]. By Allah, I remember clearly that he said to me: "Satan inspired you to lead me into this predicament!" Haha. And the truth is, he is the one who led himself into that state. He says this because the consequence of all this talk is the bad outcome... [Al-Hijr 15:9]. If the entire Qur'an were lost, there would be no harm, because the scholars have elaborated on the Qur'an so thoroughly that there is no issue that arises but a person finds an answer to it. And this is a lie. Therefore, today strange fatwas are issued in which they make riba (usury or interest) permissible, they make the fine arts permissible, they call them... and so on. Because they do not return to what? To the texts of the Book and the Sunnah.
The Shaykh : First, among its causes is the absence of an explicit text. Second, it is when a necessity is present or a dire necessity is realized, where there is no alternative but to issue a ruling. In such a case, there is no text from the Book of Allah, nor from the hadith of the Messenger of Allah, nor from the sayings of the righteous Salaf. Therefore, a ruling must be given for that issue. At that point, one resorts to analogical reasoning. This detail is actually taken from the words of Imam al-Shafi'i, who mentioned it in his great book called al-Risalah: "That analogical reasoning is a dire necessity." Therefore, one does not resort to it except out of dire necessity.
And it follows from this... that a new fatwa is issued on an issue the scholars have not discussed. Consequently, they find themselves compelled to engage in independent legal reasoning, but they do not possess the tools for independent legal reasoning. It is like a man who studied one of the industrial or mechanical sciences, or others, theoretically, but did not apply it practically. He will not succeed in producing anything because he has not practiced it practically. This is the state of those who issue today the strange and bizarre fatwas that contradict the Book and the Sunnah. In the name of what? They say that answers must be found for these issues. This is a word of truth, but the answer must be based on the Book, the Sunnah, scholarly consensus, or correct analogical reasoning, as we mentioned earlier. They live without paying any attention to these proofs at all, but rather say, "So-and-so the scholar said this, and so-and-so the imam said that." By Allah, there was another story that happened between me and the mufti of Albania. He came to Damascus in the time of Abd al-Nasser when he was ruling in Egypt. But I am trying now to review how the story unfolded between me and him. He is of that type of mufti, but he is one who follows a scholar without knowing his evidence—La ilaha illa Allah...
The questioner : Perhaps, my Shaykh, when...!
The Shaykh : But what was the occasion? What was the occasion? I am trying to remember.
The questioner : Allah knows best. As for what he told you about the schools of jurisprudence!
The Shaykh : I remember now. I remember the opening of the topic: The Shaykh claimed that there is no issue that arises but has an answer in the books of the schools of jurisprudence. Look at this exaggeration! There is no issue that arises but the scholar finds an answer for it in the books of the schools of jurisprudence. The scholars have branched out and elaborated on the issues so thoroughly that they left no room for anyone to speak. So I said to him: If that were the case, what is the value of this divine favor upon His believing servants in His saying in the noble Qur'an:
Indeed, it is We who sent down the Qur'an and indeed, We will be its guardian.
إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَIndeed, it is We who sent down the Qur'an and indeed, We will be its guardian.
إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَIndeed, it is We who sent down the Qur'an and indeed, We will be its guardian.
إِنَّا نَحْنُ نَزَّلْنَا الذِّكْرَ وَإِنَّا لَهُ لَحَافِظُونَ
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.