refining the underlying cause (تَنْقِيحُ الْمَنَاط)

refining the underlying cause (تَنْقِيحُ الْمَنَاط)


أصول الفقه

التعريف :


To study the description entered in the text so as to define the cause and delete any description that has nothing to do with the cause.

المعنى الاصطلاحي :


Scrutinizing a text to determine the justification for a ruling by discarding insignificant factors and taking into consideration significant factors only.

الشرح المختصر :


"Tanqeeh-ul-manaat" (extracting justification for a ruling) means scrutinizing a text to extract the grounds for issuing a ruling that are implicitly indicated in the text from it. This is done by discarding inconsequential or irrelevant details. An example of it: the story of the Bedouin man who intentionally had sexual intercourse with his wife during the daytime in Ramadan. The Prophet, may Allah's peace and blessings be upon him, made expiation ("kaffaarah") obligatory on him. So there are several elements in this story, which are: having sexual intercourse, being a Bedouin, intercourse taking place during the daytime in Ramadan, and it being intentional. After scrutinizing the text in search of the significant grounds for the ruling from among these elements, we find that none of them is a valid justification for the obligation of expiation except that he intentionally had sexual intercourse during the daytime in Ramadan.