If a matter was in the legislation of those before us, and there is in our legislation what supports its principle, but there is no evidence for its prescription in its specific place, is it permissible for us to

Mashhur Hasan: Naturally, another question regarding the legislation of those before us. If a matter was in the legislation of those before us, and there is in our legislation what supports its principle, but there is no evidence for its prescription in its specific place... by lot, and lot is mentioned in our legislation in various places in the Sunnah... but it was established in the legislation of those before us in matters that were not mentioned in our legislation. So, is it permissible for us to extend the legislation of those before us and make it our legislation in this instance?

The Shaykh : I think that a ruling on this branch or this question has been given implicitly before, but since the question has come up in this form, I will say: Do we lose anything if we do not take from that legislation and rely only on our legislation? If the answer is that we do not lose anything, we return to our legislation.
Mashhur Hasan: Do we lose something that has no evidence in the specific matter, but evidence was found in its principle?

The Shaykh : It cannot be said that way!
Mashhur Hasan: I mean, for example.

The Shaykh : No, before you give an example, I hope we agree on the rule. It cannot be said that way in our legislation, because when Allah the Exalted says we must understand that it does not mean the legislations of those before us!
Mashhur Hasan: But a jurist might be inspired by the presence of something in our legislation that has a principle, and he wants to mean that he exercises independent legal reasoning and works on a matter, being inspired by the legislation of those before us, relying on the principles that were mentioned in our legislation?

The Shaykh : This is it, may Allah reward you. Therefore, the answer is: if we turn away from that legislation in this type of detail that you are hinting at, we do not lose anything, because the principles and rules in our legislation are sufficient for everything. So, you have now turned the matter to the jurist. The jurist, in the rules and principles established by Islam, makes us independent of all previous legislations. Perhaps the example you have in mind and wanted to raise is...
Mashhur Hasan: Someone said, "So-and-so told me he died," and they mention the story of the cow, for example. Especially the Maliki school said, "So-and-so, then he died, then..." meaning some prefer not to lie in this situation, meaning a person does not lie in such a situation because he is close to the Hereafter. So, is this matter, or this point in the argumentation, correct?

The Shaykh : No, it is not correct. We do not take this argumentation... for the speaker to ramble with words that are not accepted from him explicitly, how... Yes.