A Research on the Historical Course of Tanqīḥ al-Manāt in Imāmī Jurisprudence

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A Research on the Historical Course of Tanqīḥ al-Manāt in Imāmī Jurisprudence

Journal Title: فقه و اصول - Year 2013, Vol 44, Issue 91

Abstract

Tanqīḥ al-manāṭ (refinement of the basis of the ruling) is the refining and elaborating of the reason and basis of a ruling of the redundant features along with decreeing and generalizing it to any case that enjoys a common feature. Tanqīḥ al-manāṭ was brought up first by the Sunnīs in the fifth/twelfth century and later on in the seventh/fortieth century was explicitly and formally raised among the Shī‘as. (However, implicit approaches to it had already been adopted, as well) This approach had later been more or less of interest to the jurists and they had made reference to it and talked about it, too.In this article, the approach of the jurists has been analyzed and explicated from the beginning up to the present in terms of the opinion and viewpoints in action and evidences in various periods. It is also clarified, in conclusion, that except one of the jurists for some justifiable reason, no body disagrees in general with the authenticity of tanqīḥ al-manāṭ and almost all accept the authenticity of the definite tanqīḥ al-manāṭ and that only some great scholars have restricted its authenticity to the non-devotional rulings. On the other hand, however, all the Imāmī jurists disagree with the presumptive (ẓannī) tanqīḥ al-manāṭ and only a few of the notable Imāmī scholars have regarded as valid the presumptive tanqīḥ al-manāṭ supported by lafẓ (term, wording) and some others have regarded as valid the confided tanqīḥ al-manāṭ.

Authors and Affiliations

Fā’Iza Malikī, MuḥAmmad ḤAsan Ḥā’Irī, MuḥAmmad Taqī Fakhla‘ī

Keywords

EP ID EP183803
DOI 10.22067/fiqh.v0i0.10925
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