Tahqiq al-Manat in Contemporary Jurisprudential Issues: Nursing Homes as a Case Study between Necessity and Abuse

Abstract

This research explores the significance of the jurisprudential rule of Tahqiq al-Manat (Verification of the Effective Cause) in classifying and addressing contemporary developments (Nawazil) that are not explicitly detailed in primary Sharia texts. The study follows two main tracks:

The first track provides a comprehensive theoretical framework for the rule of Tahqiq al-Manat, covering its concept, methodologies, criteria, and legal authority.

The second track presents a practical application of this rule by examining nursing homes for the elderly. It addresses a fundamental problem: how to apply Tahqiq al-Manat to ensure that these facilities serve as a legitimate Sharia-compliant service rather than a means of filial impiety (Uquq) or the severance of kinship.

Through this analysis, the study aims to highlight the practical importance of this fundamental jurisprudential rule in modern life, offering solutions for the human issue of elderly care amidst rapid social changes and the decline of religious deterrents