المعنى الاصطلاحي

Contradiction of an analogy to textual evidence or scholarly consensus.

الشرح المختصر

"Fasād al-i‘tibār" (defective analogy) is one of the objections to an analogy. It is when the objector argues that the ruling based on an analogy violates textual evidence from the Qur’an or Sunnah or scholarly consensus. Example of an analogy-based ruling that violates textual evidence: Saying that a woman is allowed to give herself in marriage without her guardian's permission based on analogy with allowing her to dispose of her property without her guardian's permission. This conclusion is defective because there is a text from the Sunnah that indicates the invalidity of a marriage conducted by the woman without her guardian. Example of an analogy-based ruling that violates scholarly consensus: The opinion that a man is not allowed to wash the body of his dead wife based on analogy to the prohibition of his looking at a non-"mahram" (permanently unmarriageable) woman (since the marriage contract was terminated with her death). This opinion violates the consensus of the Companions, as they all knew that ‘Ali ibn Abi Tālib, may Allah be pleased with him, washed the dead body of his wife Fātimah, and none of them objected to his action, which counts as a consensus.