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Ilgha' al-fariq (removing the difference between root and branch)

إلغاء الفارق

Ilgha' al-fariq is the usuli demonstration that the difference between root and branch has no effect on the ruling in analogy, so the ruling holds for what they share. An example is extending the manumission of part of a slave to a slave-girl, or extending the false-accusation penalty to men on the ground that womanhood is no difference. 12 It differs from tanqih al-manat and from sabr wa taqsim, and the analogy that rests on it is called the analogy in the same sense as the root. 23

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Era
The Prophetic Era
Region
Global / Diaspora
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Law and courts

Definition

Ilgha' is annulment in the lexical sense. Fariq is the agent of "to separate one thing from another". 1 For the usulis, ilgha' al-fariq is the showing that a difference between root and branch has no effect on the ruling in analogy, so that the ruling holds for what they share. 1

Examples

  • Extending the manumission of part of a slave to the whole, as in the hadith of the two Sahihs about a man who frees his share of a slave, to a slave-girl: the difference is sex, which has no effect on manumission. 1
  • Extending the penalty for false accusation of married men to that for married women: womanhood is a difference that has been annulled. 1

Related terms

  • Tanqih al-manat: a text that gives a cause by a description is read as general by removing the particular description through reasoning; the Hanafis call it istidlal. 2
  • Sabr wa taqsim: listing the descriptions in the root and removing those unfit as causes, so that the remainder is the cause. 2
  • The difference: in ilgha' al-fariq the annulled description is in the branch; in tanqih al-manat it is in the root. 23

Ruling

Usulis differ on whether it is a path to the cause; some list it among them, and Ibn Qudama reports the disagreement over calling the extension of the unmentioned to the mentioned analogy. 2

Related places

It is treated under the cause in analogy, in the division of analogy into clear and hidden, and into analogy by cause, by indication, and in the sense of the root. 23

People and things also explored

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3325
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3326
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3327
Cite this page

islam.museum contributors. “Ilgha' al-fariq (removing the difference between root and branch)”. islam.museum, https://islam.museum/en/concept/ilgha-fariq/. CC BY-SA 4.0. Last updated 2026-10-23.

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Ideas

Beliefs, concepts, sciences and schools, explained in plain words. Related

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.