Ilhaq (attaching one thing to another: analogy, lineage, and accessories)

الإلحاق

Ilhaq is following in the lexical sense. Jurists use it in two senses: attaching a branch to a root by a shared cause, which is analogy, and ascribing a child of unknown lineage to the one who claims him, on conditions. 12 Its applications include the fetus of a slaughtered animal joining its dam for the majority, young livestock joining the adult in zakat, and the accessories of a sold thing, such as a fetus in the sale of its dam. 23

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At a glance

Era
The Prophetic Era
Region
Global / Diaspora
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Law and courts

Definition

Ilhaq in the lexical sense is following: "I attached him to it" means I made him follow it until he caught up. Jurists and usulis use it for attaching branches to roots in analogy, and on its own it usually refers to the ascription of a child's lineage. 1

Two senses

  • Analogy: attaching a branch to a root by a common cause, so that the ruling passes across on its conditions. 2
  • Ascribing a person of unknown lineage to the one who claims him, on the conditions stated under lineage. 2

Two methods of analogy

The first removes the difference that bears on the ruling, so that the unmentioned case is covered without naming the cause; scholars differ on whether this is called analogy. The second names the common cause and shows that it exists in the branch, and this is agreed to be analogy. 2

Examples

  • The fetus of a slaughtered animal joins its dam if it is fully formed and dies at the dam's slaughter; this is the view of the Malikis, Shafi'is, Hanbalis and the two companions of Abu Hanifa, citing "the slaughter of the fetus is the slaughter of its dam". Abu Hanifa and Zufar disagree and require that the fetus be found alive and slaughtered. 23
  • Young livestock join the adult in zakat when they are with them and a year passes; if all are young, the jurists differ. 3
  • Accessories of a sale: the fetus follows its dam in sale and is not sold alone; the right of way and watering rights follow land; a calf of a milk cow follows its dam; trees follow the land. 3

Related places

Ilhaq is treated under analogy, under sale (joining fruit to the tree, and unripe fruit to ripe), under lineage, and under religion when the parents differ in faith. 3

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.3319
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3320
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3321
Cite this page

islam.museum contributors. “Ilhaq (attaching one thing to another: analogy, lineage, and accessories)”. islam.museum, https://islam.museum/en/concept/ilhaq/. CC BY-SA 4.0. Last updated 2026-10-23.

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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.