المعنى الاصطلاحي

Confirming the presence of the cause, upon which there is an agreement based on a text, consensus or deduction, concerning a disputed case.

الشرح المختصر

"Tahqeeq al-Manaat" (applying general rule to individual case) is the academic process by which a "mujtahid" (scholar qualified to practice personal reasoning) endeavors to confirm the presence of the cause (‘illah) in the case regarding which there is a dispute among scholars. It is of two types: 1. Acknowledged by all laws; when the general rule is confirmed by text or consensus so the "mujtahid" endeavors to apply it to an individual case, such as the obligation of offering a similar animal as a penalty for hunting (in Makkah while in the state of ritual consecration); and the obligation of providing for the wife. The "mujtahid", in the first case, based on his personal reasoning, applies that general rule to the cow that it is similar to the zebra; and in the second case, he endeavors to estimate the sufficient amount for the wife’s financial maintenance. 2. Acknowledged by text or consensus; the "mujtahid", in this case, endeavors to confirm the presence of that cause in the individual case. For example stealing is the cause for cutting the hand, the "mujtahid" endeavors to confirm the presence of this cause in the case of the grave robber, who steals the shroud from a secured place.

التعريف

To make every effort so as to ascertain that the stated or agreed upon cause applies to the particular case under discussion.