Semantics of Refinement of the Basis of a Ruling, Comparison with Similar Concepts and its Methodology
Journal Title: فقه و اصول - Year 2012, Vol 44, Issue 90
Abstract
Refinement of the basis of a ruling (tanqīḥ al-manāṭ) is one of the rules of principles of jurisprudence, which is applied to the process of inference and for achieving the basis of a ruling (manāṭ). In general, it is a type of generalization of the rulings that have been issued for specific events and instances and in this way those features of the specific event or person that are not effective in the ruling are identified; then, these features are put aside and the ruling is permeated to all similar instances and in case it is certain, it is authorized and valid. Tanqīḥ al-manāṭ is among the discourses concerning expressions (alfāẓ) and relying on them is the same as relying on the general or the absolute. Achieving the basis of a ruling is possible through expertise and the intellectual expanse of the jurisprudent, proportion of ordinance and subject, as well as accurate conventional understanding. Tanqīḥ al-manāṭ is seen more in those jurisprudential branches that have social aspects, arrange sound and just relationship among the members of society, and have less precedent in statutes. If in legal law (sharī‘a), the effective attribute is explicitly stated and there should be no nood for annulment of the attributes and the correlations, it is called realization of manāṭ, which is legally valid. However, if the inference is not based on an effective method and the manāṭ is achieved irrespective of the statute, it is phrased as takhrīj (deduction) of manāṭ, which is not valid from the Imāmī point of view.
Authors and Affiliations
HāDī ‘AẓīMī GurgāNī
Keywords
Related Articles
- EP ID EP183785
- DOI 10.22067/fiqh.v0i0.8229
- Views 127
- Downloads 0
A Study of Defining Law for the Activities of an Unsound Network Marketing System
Network marketing is a sale distribution method based on profiting plans and the unsound network marketing is its deviated form. In this system, recruiting members suffices and according to the pyramidal plans that the c...
A Critique on the Legal Theory of the Sufficiency of Swearing Fifty Oaths by the Claimant in Qasāma (Compurgation) (The Legal Principles of Article 377 of the Penal Code Bill of 1390 sh/2011)
Qasāma is one of the proofs for homicide, which will be reliable in case of the existence of lawth (strong suspicion). There are two major views on how it is implemented. In sum, the first view deems as necessary swearin...
Semantics of Refinement of the Basis of a Ruling, Comparison with Similar Concepts and its Methodology
Refinement of the basis of a ruling (tanqīḥ al-manāṭ) is one of the rules of principles of jurisprudence, which is applied to the process of inference and for achieving the basis of a ruling (manāṭ). In general, it is a...
Non-Stipulation of Security from Loss in Commanding Right and Forbidding Wrong
In legal works, the obligatoriness of commanding right and forbidding wrong has become restricted to stipulatory realization including “security against loss”. The jurists believe that commanding right and forbidding wro...
An examination of selling forbidden meat to unbelievers
The question has long been asked whether the meat of animals not purified in accordance with Islamic law and thus considered ‘dead’ can be sold to non-Muslims who do not adhere to Islamic legal purification. Can the prof...