Taḥqīq al-Manāṭ as a Judicial Review Method: Comparison Between Constitutional and Islamic Law

Putra Perdana Ahmad Saifulloh (Faculty of Law, Universitas Bengkulu, Indonesia)
Shabrian Hammam Fanesti (Ma'had Aly Al-Munawwarah Riau, Indonesia)
Muhammad Adiguna Bimasakti (Doctoral Program in Law, Faculty of Law, Social and Political Sciences, Universitas Mataram, Indonesia)
Dindha Shahrazade Sulaiman (Fakultas Hukum, Universitas Islam Sultan Agung, Indonesia)
Dhita Widya Putri (University of Debrecen, Hungary)

Trunojoyo Law Review
Vol 8, No 2 (2026): August

Taḥqīq al-Manāṭ is a method of applying general legal rules to specific contextual cases. The Taḥqīq al-Manāṭ process involves determining the law based on its sharīʿah sources, then examining the case or reality to be faced before applying the law. Thus, Taḥqīq al-Manāṭ is the process of describing cases based on reality. This is because the main key in realizing the law lies in a deep understanding of reality. Therefore, this paper aims to study and introduce Taḥqīq al-Manāṭ as a method of Judicial Review in Islamic law and its potential contribution to constitutional law science. Based on the findings of this study, the Taḥqīq al-Manāṭ method can be adopted by constitutional judges to test laws against the 1945 Constitution. This research recommends applying Taḥqīq al-Manāṭ in constitutional judges' deliberation meetings to prevent decisions that undermine the public interest, and it can be implemented through constitutional conventions. This article uses a normative research methodology that focuses on document studies..