Mu'adh: There is absolutely no mention of qiyas (analogical reasoning) in any way, neither by explicit text nor by evidence. Rather, it contains ra'y (opinion), and ra'y is not qiyas. This is because ra'y is the judgment of what is most beneficial, most cautious, and safest in its consequence. Qiyas, on the other hand, is the judgment of something for which there is no text, by analogy to the judgment of something that has a text, whether it is more cautious or not, whether it is more beneficial or not. If we move beyond this last exaggeration, then what the two refutations share, that ra'y is not qiyas, contains some strength, even if it lacks further clarification and support.

Secondly, the argument based on the action of Umar regarding the punishment of a drunkard with eighty lashes, by analogy to the punishment for slander, is a rejected argument. This is because it is possible that the Companions understood from the Messenger of Allah, peace be upon him, to do so as a deterrent. If they understood the deterrent, then there is no harm in them specifying it. They are the most knowledgeable and wisest people about the Sharia and what the discourse indicates. What Ali suggested to him (Umar) could be something he understood from the Messenger of Allah, peace be upon him, as he could have said to them, peace be upon him: "If people persist in drinking alcohol, then set a punishment for them to deter them."

It is not hidden that there is weakness in this refutation, which appears in its reliance on possibilities, as the apparent meaning and implication suggest. And building the refutation on possibilities leaves the ra'y intended by the refutation as potentially true. This is a weakness of the refutation. Ibn Hazm, before this argument, had already attacked the hadith in text and chain, which led to its rejection. See the same source. Also see: Summary of the Refutation of Qiyas.

Thirdly, the argument based on what is narrated from Ibn Abbas regarding his qiyas of fingers to teeth in judgments. This is narrated by Al-Daraqutni and Al-Hakim, and it is among the arguments of those who affirm qiyas. See, for example: Al-Ghazali, Al-Mustasfa. See also: Ibn Tumart, Treatise on the Fact That Sharia Is Not Established by Reason. See: Ibn Hazm, Al-Ahkam fi Usul Al-Ahkam.