Drawing Analogy Is Specific To Scholars
Fatwa No: 428191


2) As a lay person (non scholar), Can I follow the same fatwa for similar (close,related) incidents. For example, Let say an Islamic scholar ruled that drinking alcohol is haram. Based on that can I come up with a conclusion, that smoking cigarettes is haram too.


All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

It is unanimously agreed upon among all Muslims that drinking alcohol is prohibited, without need for a Fatwa of a scholar. However, this does not apply to smoking; it is much less serious than drinking alcohol, although the majority of contemporary scholars hold that smoking is prohibited (as well).

Anyway, (as a lay Muslim) you are not entitled to deduce a Fiqhi ruling by drawing an analogy on your own between two matters because Qiyaas (analogy) has its due conditions and pillars that must be known to the person conducting it, and its validity and conformity with the Sharee‘ah are only known to those who are knowledgeable of the Sharee‘ah and versed in the knowledge of the ‘Illah (underlying effective cause or causational rationale) assigned to a religious ruling. Therefore, you should ask scholars about the matters that confuse you and must not attempt to understand the Sharee‘ah texts and deduce the rulings therefrom on your own lest you commit Sharee‘ah violations in the process by speaking about Allah and His Messenger without knowledge.

Allah Knows best.

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