The judgment of Sahabi's say or act that has nothing to do for Ejtihad or that contradicts analogy

Abstract

This study addresses an important question dealt with by both the science of usoolul-fiqh (fundamentals of jurisprudence) and Hadith terminology represented in the provision in the prophetic companion's saying or deed in a domain that cannot be judged through Ejtihad (an independent opinion) or judged through Ejtihad (an independent opinion) but differed from analogue (juristic reasoning). This question was and is still a main cause of controversy and disagreement among scholars. So, this study aims to resolve this question by collecting the opinions, evidence, and discussions of the scholars, then, outweigh the more evidenced ones. The analytical inductive methodology was used in this study. Results outweighed the provision that implies that the prophetic companion's saying or deed in a domain that cannot be judged through ejtihad (an independent opinion) or judged through ejtihad (an independent opinion) but differed from analogue (juristic reasoning) is untraceable or discontinued and not traceable to the Prophet (PBUH) unless related to exhortation and intimidation or related to exhortation to adhere to virtue, but, at the same time, unrelated to halal (the lawful) and haram (the unlawful).