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FatwaFederal TerritoriesLegal Theory & Methodology

IRSYAD USUL AL-FIQH SIRI KE-14: TANQIH AL-MANATH, TAKHRIJ AL-MANATH, DAN TAHQIQ AL-MANATH

What is tanqih al-manath, and how does it differ from takhrij al-manath in usul al-fiqh?

Short answer

Tanqih al-manath is one of the methods of identifying the legal cause (illah), in which a mujtahid purifies the cause from other features in the text that are unrelated to the ruling.

Federal TerritoriesOpinion (irsyad)

A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.

Authority
Federal Territories Mufti Office
Date
Status
Opinion (irsyad)
Series
Irsyad Usul al-Fiqh
Topic
Legal Theory & Methodology

No evidence of gazettement in the source — this is not a gazetted fatwa.

Summary

Tanqih al-manath is one of the methods of identifying the legal cause (illah), in which a mujtahid purifies the cause from other features in the text that are unrelated to the ruling. In the hadith of the man who had intercourse during a Ramadan day, features such as the woman being his wife, his being a Bedouin, and the specific day and year are discarded. Al-Shafii and Ahmad held the cause of the expiation to be intercourse, while the Hanafis and some Malikis held it to be violating the sanctity of Ramadan. Takhrij al-manath is the ijtihad of deriving a cause that the text or consensus does not mention.

Written in our own words from the original fatwa — check the source before acting on it.

Tanqih al-Manath dianggap sebagai di antara masalik al- illah (jalan-jalan untuk mengenalpasti illah) yang paling kuat.

Excerpt from the original fatwa · Federal Territories

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How to cite

Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.

Federal Territories Mufti Office. “IRSYAD USUL AL-FIQH SIRI KE-14: TANQIH AL-MANATH, TAKHRIJ AL-MANATH, DAN TAHQIQ AL-MANATH”, 5 December 2016. https://muftiwp.gov.my/ms/artikel/irsyad-usul-fiqh/1392-irsyad-usul-al-fiqh-siri-14-tanqih-al-manath-takhrij-al-manath-dan-tahqiq-al-manath. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/meaning-of-tanqih-al-manath-and-takhrij-al-manath/

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Evidence cited

Hadith

  • Bukhari 2174

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