If he hastens [to judge] before that clarity, his ruling is invalid. Among those who favored reconciliation between the two disputants are Shurayh, 'Abd Allah ibn 'Utba, Abu Hanifa, al-Sha'bi, and al-'Anbari. It is narrated from 'Umar that he said: "Turn the disputants away until they reconcile, for judicial adjudication creates grudges between people" (22). Abu 'Ubayd said: "Reconciliation is only appropriate for him in problematic matters; as for when the evidence has become clear for one of the two disputants and the position of the oppressor has become manifest to him, he has no right to force them to reconcile." 'Ata' held a similar view, and Ibn al-Mundhir considered it sound. It was narrated (23) from Shurayh that he only reconciled between two disputants once.

Section: When an incident occurs, he shall look into the Book of God. If he finds it there, [he acts accordingly]. Otherwise, he shall look into the Sunnah of His Messenger. If he does not find it there, he shall look into analogy (qiyas) and append it to the most similar fundamental principles (24) to it, because of what we mentioned from the hadith of Mu'adh ibn Jabal. It is a hadith narrated by 'Amr ibn al-Harith, the nephew of al-Mughira ibn Shu'ba, from men among the companions of Mu'adh from the people of Hims. 'Amr and the men are unknown, although it is a famous hadith in the books of the scholars. Sa'id ibn Mansur, Imam Ahmad, and others narrated it, and scholars have received it with acceptance. What agrees with it has come from the statements of the Companions. Sa'id narrated that 'Umar said to Shurayh: "Look into what becomes clear to you in the Book of God, and do not ask anyone about it. What does not become clear to you in the Book of God, follow the Sunnah in it. And what does not become clear to you in the Sunnah, exercise your own opinion (ra'y) regarding it" (25). A similar statement is reported from Ibn Mas'ud.

1867 - Issue: He said: (The judge shall not rule based on his own knowledge).