The Role of Language in Juristic Preference (Tarjīḥ) through the Interpretation of 'Anwar Al-Tanzil' and 'Asrar Al-Ta'wil'

Abstract

This study explores the term al-manbūdh (the abandoned child who has lost familial care) as one of the significant linguistic and jurisprudential terms essential for understanding the objectives of Islamic law in preserving life and safeguarding human dignity. The study traces the linguistic roots of the term in Arabic lexicons, where it is associated with meanings such as casting away, abandonment, and exclusion. It then examines the term’s usage in the Qur’an and Sunnah, identifying the contexts in which it appears and the meanings it conveys. The research further analyzes the jurisprudential concept of al-manbūdh across the four major Islamic schools of law, highlighting differences among jurists—particularly between those who equate al-manbūdh with a foundling (laqīṭ) or the illegitimate child, and the Ḥanafī scholars who define him as a child abandoned by his family out of fear of shame or poverty. The study concludes that the Ḥanafī definition aligns most closely with the maqāṣid of Islamic law. The study also emphasizes jurisprudential rulings related to al-manbūdh, such as the obligation (or recommendation, in the absence of harm) to take in the child, and the necessity of formal testimony upon doing so to protect his lineage and freedom. The importance of the study lies in its revival of a rarely examined term in modern Islamic legal scholarship, and its illumination of the term’s humanitarian and social dimensions. This contributes to a more comprehensive understanding of Islamic jurisprudence as it pertains to marginalized members of society.