LessonsEight Objections to Legal Analogy and How They Are AnsweredQuiz

أما الممانعة فنوعان: أحدهما منع الوصف، والثاني منع الحكم
Denial takes two forms: denial of the attribute and denial of the ruling.

Manʿ al-waṣf denies that the proposed attribute is established in the legally relevant way. Manʿ al-ḥukm rejects the ruling that the proponent takes as the basis or outcome of the inference.

For example, an argument that a financial duty survives a change in property makes two separate claims: a particular condition produces the duty, and the duty continues in the specified case. Each can be challenged separately. Proving one does not automatically establish the other.

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Two forms of mumānaʿah

Eight Objections to Legal Analogy and How They Are Answered

أما الممانعة فنوعان: أحدهما منع الوصف، والثاني منع الحكم
Denial takes two forms: denial of the attribute and denial of the ruling.

Manʿ al-waṣf denies that the proposed attribute is established in the legally relevant way. Manʿ al-ḥukm rejects the ruling that the proponent takes as the basis or outcome of the inference.

For example, an argument that a financial duty survives a change in property makes two separate claims: a particular condition produces the duty, and the duty continues in the specified case. Each can be challenged separately. Proving one does not automatically establish the other.