If every issue may have evidence for the opposing side, what is the precise criterion by which a student of knowledge can weigh these issues?
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The questioner : May Allah reward you. As the brother mentioned, if every issue may have evidence for the opposing side, or a point of view for them, what is the precise criterion by which a student of knowledge can weigh these issues? What are the issues we can call issues of independent legal reasoning where scholarly disagreement is permissible?
The Shaykh : Issues of independent legal reasoning, for example, what contradicts an explicit text has no room for independent legal reasoning; what contradicts an explicit text has no independent legal reasoning. What contradicts the scholarly consensus of the Companions has no independent legal reasoning, because their consensus is a proof. If there is a comparable probability, such as two equal or nearly equal probabilities, then yes, we do not deny it. But if the probability is weak, one in a hundred or ten in a hundred, that is not acceptable. Yes.
The Shaykh : Issues of independent legal reasoning, for example, what contradicts an explicit text has no room for independent legal reasoning; what contradicts an explicit text has no independent legal reasoning. What contradicts the scholarly consensus of the Companions has no independent legal reasoning, because their consensus is a proof. If there is a comparable probability, such as two equal or nearly equal probabilities, then yes, we do not deny it. But if the probability is weak, one in a hundred or ten in a hundred, that is not acceptable. Yes.