Can an analogy based on mere presumption (Dhann) establish the obligation of Ghusl?

Chapter on What Necessitates Ghusl

Al-Mughni

Book of Purification

Book 2 · Issue 2 · Bab 8

Open in Qurani

Primary text

An obligation based on mere presumption, absent explicit religious text (Nass) or consensus (Ijma'), cannot be established. The presumption that childbirth without blood mandates Ghusl is invalid because there is no textual basis or scholarly agreement establishing it as such. Reliance upon analogy is weak when the presumed connection (similarity) is based merely on a general notion without underlying legal substance, especially since the two events differ in most other legal rulings.