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.
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.
Read the full fatwa on the Federal Territories website (new tab)
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/