to follow this conjectural judgment. Abū al-Maʿālī and others vehemently rejected this view of his, and they were justified in doing so. First, it amounts to an obstinate denial of the obvious: conjectural judgments have supporting indications and evidence whose presence requires one judgment to be preferred over another. This is self-evident, and the revealed Law affirms it and gives some things precedence over others. The discussion concerns two questions: following conjecture, and whether jurisprudence consists of conjectural judgments.

As for the first question, the correct answer is the third answer: in everything Allah Most High has commanded, He has commanded only that one act on knowledge. In questions whose answers are unclear, a person must examine the evidence and act upon the stronger view. That this is the stronger view is known when there is something conclusively established. If, however, he is uncertain whether one view outweighs the other, he does not act upon it. When he judges it likely that one is stronger, he does so only because he has evidence indicating its greater strength.

There is a difference between believing that one view is stronger and one belief being stronger than another. Believing that a view is stronger may amount to knowledge, and a person may refrain from acting until he knows which view is stronger. Even when he merely judges it likely that one is stronger, he must base that judgment on evidence which he considers stronger than the evidence supporting the other side. The greater strength of this evidence is not known, so the process must ultimately reach a point at which its greater strength is known to him. He is then following what he knows to be stronger. This is following knowledge, not conjecture; it is following what is best, as Allah says:

“Hold to them firmly, and command your people to follow the best of them.”

And He says:

“Those who listen to what is said and follow the best of it.”

And He says:

“Follow the best of what has been sent down to you from your Lord.”

Thus, if