It is the examination, investigation or looking at the reality of a thing (matter) that the Hukm has come for its sake. That is in order to know (or understand) its reality and to understand the extent of the applicability of the Hukm (the Daleel of which is known) upon it.

Therefore, the Manaat and the Tahqeeq ul-Manaat are both rational matters and not Shar’iy.

Example:

Al-Khamr is Haraam and it is a Hukm Shar’iy which the Daleel has guided to.

Verifying and determining that a drink is Khamr or not, in order to bring the ruling in respect to it being Haraam or not, is the Tahqeeq ul-Manaat. So it is necessary to ascertain that the drink upon which 205

you want to provide a ruling for is Khamr in order for you to be able to pronounce that it is Haraam.

Consequently, if we wanted to know the Hukm of ‘Alcohol’ and whether it is permitted to consume it or not, then we have to examine the substance to see if it is Khamr or not? That would be by analysing it in a laboratory and acquiring knowledge of its components or ingredients and its effect upon the one who consumes it.

The Tahqeeq ul-Manaat is therefore the investigation of the reality upon which the application of the Hukm Ash-Shar’iy is sought. In this investigation we utilise the ‘Aql (intellect), science, scientific knowledge, experts and laboratories, all of which are non Shar’iy matters.

Then if we found that the contents of ‘Alcohol’ cause intoxication we would then have declared it to be Khamr and Khamr is Haraam as the Messenger of Allah (saw) said: