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wa bihi yuʿtamad - “And upon it reliance is placed.”

 The phrase

وَبِهِ يُعْتَمَد
Transliteration: wa bihi yuʿtamad
Literal meaning: “And upon it reliance is placed.”

Explanation

  • This is a tarjīḥ / taṣḥīḥ formula used by later Ḥanafī jurists.
  • It means: “This is the opinion that is relied upon (ʿumida ʿalayhi) in the madhhab.”
  • It is very close in function to wa ʿalayhi l-fatwā and wa bihi yuftā, but it emphasizes academic reliability rather than the act of issuing fatwā.
  • In practice, it marks the opinion that is:
    • the strongest / most reliable (muʿtamad) in terms of transmission and argument,
    • the one that muftīs, judges, and scholars depend upon in applied law.

Relation to other formulas

  • wa ʿalayhi l-fatwā → stresses fatwā practice.
  • wa bihi yuftā → stresses the fatwā-giving action.
  • wa bihi yuʿtamad → stresses reliability / trustworthiness of the opinion.
  • al-muʿtamad (المعتمد) → “the relied-upon view,” often used independently in marginalia and fatwā texts.
  • Sometimes jurists use both together: “wa bihi yuʿtamad wa ʿalayhi l-fatwā” → “it is relied upon and the fatwā is issued upon it.”

✅ In summary:
Wa bihi yuʿtamad = “This is the opinion that is relied upon (the muʿtamad position of the madhhab).”

Source: H. Aminov, S. Primov, Hanafi jurisprudence: history, sources and interpretations, Movarounnahr, Tashkent, 2017, pp. 130-131 (in Uzbek)

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