Istihsan in islamic law The majority hold that istihsan is a source of Islamic law.

Istihsan in islamic law. Istihsan (juristic preference) deviates from and sometimes contradicts well-established general precepts of law. Istihsan literally means ‘to approve, or to deem something preferable’. It is accepted by most schools of Islamic law as a way to avoid hardship and consider situational needs. (2) Is Istihsan a whim and arbitrary Istihsan literally means ‘to approve, or to deem something preferable’. In its literal sense it means "to consider something good". Note for Istihsan istihsan (equity) preference law literal: to to deem something preferable. Muslim scholars may use it to express their preference for particular judgements in Islamic law over other possibilities. It defines istihsan as departing from an existing legal ruling and adopting a ruling that is considered preferable. What Is Istihsan and How Does It Work in Islam? Istihsan, an Arabic term meaning "preferential judgment," plays a crucial role in Islamic jurisprudence. Khan, A. 1. Al-Amidi ( a Shafii jurist) has stated that Al-Shafii also resorted to Istihsan. Copy of -- Created using Powtoon -- Free sign up at http://www. It allows jurists to depart from established rulings if applying them would cause harm. I found especially valuable the author’s knowledge of the lineages in the ‘schools of Sunnite jurisprudence’, especially in the Hanafi ‘school’. Istiḥsan (Arabic: ‏ اِسْتِحْسَان ‎ [is. It is one of the Istiḥsan is an Arabic term for juristic discretion. University of Oxford. docxThe following is a more accessible plain text extract of the PDF sample above, taken from our Islamic Law Notes. 59. In its juristic sense, istihsan is a method of exercising personal opinion in order to avoid any rigidity and unfairness that might result from literal application of the law. Discover the concept of AlIstihsaan, which involves departing from established rulings based on Qiyas (analogy) to achieve a fairer outcome in Islamic law. In its juristic sense, Istihsan is a method of exercising personal opinion (ray) in order to avoid any rigidity and unfairness that might result from literal application of law. Based on the principle of selecting the more just or practical ruling over strict analogy, it aims to How subjectivity became wrong: early Hanafism and the scandal of Istihsan in the formative period of Islamic law (750-1000 CE) [PhD thesis]. Content is provided to you AS Istihsan: The Doctrine of Juristic Preference in Islamic Law Author: Saim Kayadibi Publisher: IBT ISBN: 9789675062476 Pages: 384pp Year: 2010 Weight: Price : RM 55. Istihsan This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. Muslim scholars may use it to express their preference for particular judgements in Asalam o Alikum Everyone Today We are going to start a new video series on sources of islamic law hope you all like itJuristic The sources of Islamic law are used by Islamic Scholars to explain and clarify the Shari’ah. Istihsan allows The linguistic meaning of Istihsan is straightforward: to approve something, to consider something good, or to deem something preferable. It derives from the word hasuna which means being good. Istihsan is an important branch of Ijtihad, and has played a prominent role in adaptation of Islamic law to the changing needs of society. This earlier study, however, confined itself to works on jurisprudence, otherwise known as usul al-fiqh or "the roots of the law. Imam al-Shafi’i asserts that it means to make law by its arbitrary opinion and a doctrine based on desire. New Delhi: Pentagon Press, 2006. Istihsan is an important branch of ijtihad, and has played a prominent role in the adaptation of Islamic law to the changing needs of society. It has provided Islamic law with the necessary means with which to encourage flexibility and growth. The Qurʾa ̄n is considered the most sacred and important source of Islamic Law, which contains verses related to god, human beliefs and how a particular believer should live in this worldly life. Istihsan is a method by which new rules of Islamic law are derived through what might be called the reasoned distinction of authority. It is recognized and used in the Hanafi, Maliki, and Hanbali schools of law. Imam al-Shafi'i asserts that it means to make law by its arbitrary opinion and a doctrine based on desire. If the result of qiyās importance There are three different opinion of Muslim jurists on istihsan: (1) The majority hold that istihsan is a source of Islamic law. During the process of formulating istiḥsān, the main factor was qiyās (analogy). Define Istihsan. The sources of Islamic law are divided into two. Qur’an, Sunnah, Ijma and Qiyas. About The Book This work constitutes a critical analysis of Istihsan is a crucial branch of ijtihad and a significant contributor to the adaptation of Islamic law to new circumstances; it is also essential for offering flexibility and extending the scope of current decisions. The majority hold that istihsan is a source of Islamic law. p. saːn]) is an Arabic term for juristic discretion. D Thesis, McGill University, Montreal, 1993), 65 67; Ahmad Hasan, Analogical Reasoning, 422. [3] 2. Despite criticisms, istihsan is justified as a method that ensures analytical consistency and Abstract Istihsan, a principle of juristic preference in Islamic jurisprudence, plays a crucial role in shaping equitable legal outcomes, especially within the Hanafi school. Quran and Sunnah make up Shariah (pathway), the source of all principles of Islamic law. M. R. Istihsan allows This document discusses the concept of al-Istihsan in Islamic law. Today, the method of istihsan is used to solve many current social issues. In This video, you will find differences between qiyas, Abstract: This article describes the istihsan method and examples of its application in several cases of shari'ah economic law. QUESTION 2 Today, the method of Istihsan is employed to address various contemporary social issues. While controversial and criticized by other schools, such as the Shafi’i, it provides legal flexibility in cases where strict analogical reasoning (Qiyas) could lead to hardship or injustice. However equity in western law is Islamic Studies is an internationally peer reviewed research journal, published by Islamic Research Institute, Islamabad, Pakistan, since 1962. Istihsan as a concept is close to equity in western law. (ISTEHSAN, ISTIDLAL, ISTASHLAH) Types of QIYAS Istihsan is an important branch of ijtihad, and has played a prominent role in the adaptation of Islamic law to the changing needs of society. The research Saim Kayadibi, Istihsan - The Doctrine of Juristic Preference in Islamic Law, Islamic Book Trust, 1. There are two main varieties of istihsan - analogy-based istihsan -- Created using Powtoon -- Free sign up at http://www. Gibb, note 2, pp. Some jurists see it as a source but not independent, while the Shafi'is object to it. The approach used is an ontological, epistemological and axiological based philosophical approach which discusses the nature of istihsan, the principles of istihsan, the method of application and the impact of the istihsan method. While controversial and criticized by other schools, such as the Shafi'i, it provides legal flexibility in cases where strict analogical reasoning (Qiyas) could The document discusses the concept of istihsan in Islamic law. The course aims to describe principles of Introduction The river follows its course, yet adapts to the landscape it encounters In our previous article, we explored the concept of القياس (Qiyas - analogical reasoning) and the scholarly debate surrounding its validity 9 Ibn Taymiyyah, Mas'alat al-Istihsan, in Makdisi, ed. The different schools of Islamic law have varying views on istihsan, with the Hanafi school generally accepting it as a valid source of law but the Shafi'i school rejecting its use. In its juristic sense, istihsan is a method of exercising personal opinion in order to The definition of Istihsan differs as the jurists themselves cannot agree on one universal way to portray the concept of juristic preference. D. 1 Concepts of Islamic Law. Istihsan refers to the practice in Islamic law of departing from an existing legal precedent to a ruling that is considered preferable based on stronger evidence from the Quran, Sunnah, consensus (ijma) or other sources. Usul al-fiqh II is a course on Islamic jurisprudence. 2. 458 ff; Ridwan Yusuf, "The Theory of Istihsan (Juristic Preference) in Islamic Law" (unpublished Ph. Istihsan is a vital principle in Islamic jurisprudence, providing flexibility and adaptability in the application of Shariah. There are two main varieties of istihsan - analogy-based (istihsan qiyasi) which departs from one analogy (qiyas) to another, and exception-based Abstract ISTIHSAN AND ITS IMPACT IN FAMILY LAW CASES Istihsan, a principle of juristic preference in Islamic jurisprudence, plays a crucial role in shaping equitable legal outcomes, especially within the Hanafi school. al. in Islamic law. It is one of the principles of legal thought underlying scholarly interpretation or ijtihad. What is Istihsan in However equity in western law is based on natural law, whereas Istihsan is essentially based on divine law. PowToon is a free There are additional sources of the shari’a, adopted by some and rejected by others. These examples Istihsan in Islamic law, and equity in Western law, are both inspired by the principle of fairness and conscience, and both authorise departure from a rule of positive law when its enforcement leads to unfair results. Ijtihad by ra’y (personal judgment in juridical judg-ment) has been practiced from the time of the Prophet, as Hence, Istihsan plays a crucial role in developing Islamic law through the methodologies of Islamic jurisprudence. The methodology involves a conceptual discourse that explains Istiṣḥāb as the presumption that a previous state or ruling continues to remain valid unless proven Istihsan is a method in Islamic law that allows jurists to depart from existing legal precedent and make a ruling based on equity and public interest. It calls for a considerable amount of personal judgment on the part of the jurist who applies it. sharie: method of exercising personal opinion in order to avoid TOPIC : ISTIHSAN (EQUITY IN ISLAMIC LAW/PREFERENCE) An Image/Link below is provided (as is) to download presentationDownload Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. All the three sources the Quran, The Sunnah, and . , the use of a jurist’s own judgment to determine the best solution to a religious problem that cannot be solved by 68100 Batu Caves Saim Kayadibi 152 Chapter 5 Formation of the Concept of Istihsan in Islamic Law Saim Kayadibi Abstract Isti ḥsān (juristic preference) has played a crucial role in Discover the concept of AlIstihsaan, which involves departing from established rulings based on Qiyas (analogy) to achieve a fairer outcome in Islamic law. It covers secondary sources of law such as istihsan (juristic preference), istislah (public interest), and turuq istinbat (methods of derivation). Arabic and Islamic Studies in Honor of Hamilton A. By prioritizing justice, welfare, and ease, it ensures that Islamic law remains relevant and responsive to the complexities of life. Istihsan is often employed to achieve fairness and justice, ensuring that legal outcomes align with the broader objectives of Islamic law. The human conduct that should govern the believers’ life, which is clearly stated in the Qurʾa ̄n, is indeed the domain of Islamic Law. tiːħ. Istihsan is not independent of Shariah, it is integral part of Shariah. Although there has been many research works Istihsan allows exceptions to general Sharia rules based on maslahah (public interest/benefit). Perpustakaan Negara Malaysia Kayadibi, Saim Cataloguing-in-Publication Data Istihsan : the doctrine of juristic preference in Islamic law / Saim Kayadibi. e. Ramadan, H. The book will help any student trying to situate the legal scholars over the centuries. It is a derivation from the word hasuna, which means being good or beautiful. v. , Shari’a. Encyclopaedia of Islamic Law. PowToon i Istihsan is a source of Islamic law according to the majority of Muslim jurists. A. These include juristic discretion (istihsan), the presumption of continuity (istishab), cutting off means to the forbidden (sadd al-dhara’i), public Global distribution of the Islamic schools of law Today, the Hanafi school is the largest Islamic school of law, constituting approximately one-third of all Muslims. et. Technically, it means the reasoning of personal’s opinions in finding a solution to avoid rigidity and Abstract Istiḥsān (juristic preference) has played a crucial role in intellectual heritage of Islamic law and the development of Islamic legal reasoning by inserting a judge‘s contribution into judgments based on the primary principles of securing ease and avoiding hardship. It is the predominant school in the former Ottoman territories, including Turkey This aspect of Islamic law is generally acknowledged, and yet the relevance of wahy to the detailed formulations of Islamic law is not highlighted in the English works in the same way as one would expect to find in the works of Arabic origin. A See more Istihsan, in Islamic law, juristic discretion—i. Regarded as God’s command for Muslims, Sharia law is essentially Islam’s Journal of Islamic Ethics, 2019 The practice of independent legal reasoning (ijtihād) is a core tool for achieving the moral mission of the discipline of Islamic jurisprudence (fiqh); it generates juristic rulings that help people become Hassaan Shahawy is a second-year law student at Harvard Law School and president of the Harvard Law Review. It publishes research articles, notes, comments, review-articles and book-reviews in all disciplines of Islamic Studies including the Qur’an, Hadith, Tafsir, Sirah, ‘Ilm al-Kalam, Jurisprudence, Fiqh, Law, Religion, Philosophy, It encompasses various types, including those based on textual evidence, consensus, necessity, and public interest, and aims to promote ease and avoid harm in legal rulings. Baskı, 2010, Kuala Lumpur, 339 s. This Article is brought to you for “free” and “open access” by the International Journal of Law Management & Humanities at VidhiAagaz. Istihsaan plays a crucial role in distinguishing rulings This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. This webpage delves into the definition, types, and scholarly perspectives on Istihsaan, including insights from the Prophet Muhammad (sallallaahu ‘alayhi wa sallam) and his companions. Al-Istihsan refers to preferring one legal opinion over another that is derived from analogy based on textual evidence or public interest. Although there has been many research works The Arabic term for source in Islamic law is dalil (guide). In practice, Istihsan helps jurists navigate complex situations that require a nuanced understanding of ethical considerations and societal contexts. Istiĥsân is an essential part of Islamic jurisprudence and undeniably of many other areas of human knowledge. Proofs of Istihsan include that applying general fiqh principles could harm people given different contexts, and there are Quranic This article presents a comprehensive explanation of the four fundamental sources of Islamic law, Qur’an, Sunnah, Ijma, and Qiyas, along with detailed insights into secondary sources like Masalih-e-Mursala, Istihsan, and ‘Urf. This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. It has been accepted for inclusion in the International Journal of Law Management & Humanities after due review. Equity is a Western law concept which is grounded in the idea of fairness and conscience, and derives legitimacy from a belief in natural rights and natural justice beyond positive law. Sources of Islamic Law Labour relations or labour and employment law can be seen as part of Islamic economic law which has evolved through the development of Islamic law that, i. Several current evidence-based issues are analyzed using both printed and electronic resources. ’ literally means to deem something preferable. 21 Istihsan in Islamic law and equity in Western This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. There are four Islamic sources of law which are accepted universally by all Muslims, which include Qur’an, Sunnah, Ijma’ (Consensus) and Qiyas (analogy). This research aims to compare the concept of istihsan across #14030-Istihsan: - ISTIHSAN. Istihsan : The Doctrine of Juristic Preference in Islamic Law By Saim Kayadibi Paperback 347 Pages ISBN : 9789675062476 Publisher : Islamic Book Trust (IBT), Malaysia. This webpage Istihsan is a method in Islamic law that allows jurists to depart from existing legal precedent and make a ruling based on equity and public interest. " Define Istihsan. This paper identifies the role of istihsan in Islamic finance that should be emphasized to strengthen the element of Shariah compliance. It focuses on the application of istihsan and maslahah principles in Istihsan, often translated as juristic preference or equity, holds an important place in Islamic jurisprudence, especially within the Hanafi School. He graduated from Harvard College in 2016, where he studied history and Near Eastern studies, and went on to study at the University of Oxford as a Rhodes Scholar, where he earned his master's and Ph. powtoon. These issues are then examined and scrutinized from an Islamic perspective to illustrate the process of legal designation through the method of Istihsan bi al Maslahah, which Kinds of Istihsan and their examples ayesha sadaqat kinds of istehsan law of equity mam lubna introduction: istehsan is legal term used in islamic Istihsan, a principle of juristic preference in Islamic jurisprudence, plays a crucial role in shaping equitable legal outcomes, especially within the Hanafi school. , a collection of rules or principles by the methods of analogy and interpretation from the first three sources. (2) However, the Shafi’ies have objected to the use of the principle of istihsan. Although there has been many research works This paper explores the application of the Islamic jurisprudential principles of Istiṣḥāb (presumption of continuity) and Istiḥsān (juristic preference) within the realm of Islamic inheritance law (Mirāth). -> To see the definition clearly, we can categorise them according to the Islamic school of thought that Istihsan urdu, Examples of Istihsan. This webpage explains Istihsaan with practical sales examples, such as the sale of ‘Araaya (gifted palm trees) and the Khiyaar AnNaqd (option to cancel a sale under certain conditions). In its juristic sense, istihsan is a method of exercising personal opinion in order to avoid any rigidity and unfairness that might Al-Ghazali has criticised Istihsan but stated that Shafii's recognize Istihsan based on the Quran and the Sunnah. The concept of istihsan played a crucial role in intellectual heritage of the history of islamic law and developed Islamic legal reasoning through putting human's contribution into judgements based on primary principles of securing ease and Istihsan, as one of the methods of legal interpretation in usul fiqh, has long been a focus of attention in the study of Islamic law. Although there has been many research works Islamic Jurisprudence (Usul Al Fiqh): Istihsan By Shah Abdul Hannan Istihsan literally means to deem something preferable. 00 "This work constitutes a critical analysis of classical and modern aspects of the concept of istihsan (juristic preference), an important principle in Islamic legal legislation throughout history. Nurit Tsafrir (2004), The History of an Islamic School of Law: The Early Spread of Hanafism (Harvard, Harvard Law School, 2004) (Harvard Series in Islamic Law, 3). 3. Over the period, it is argued that applying Shariah rulings in Islamic finance has witnessed several challenges and difficulties resulting in some aspects may need toleration for the sake of maslahah. Istihsan as a source of Islamic Law There are three different opinion of Muslim jurists on istihsan. Due to the challenges of extracting text from PDFs, it will have odd formatting. The Arabic word Shari’a literally means the What Is The Role Of Istihsan In Islamic Law? In this The article discusses how istihsan can provide exceptional rulings from general ones, consider modern business practices, harmonize Shariah and civil law, and adapt Islamic finance over time. Please note that Istislah isn't that far from Istihsan: Istihsan (استحسان) is an Arabic term for juristic discretion". Notwithstanding a measure of juristic technicality which seems to have been injected into an originally simple idea, istihsan remains As such, it is a necessary reference for anyone studying Islamic law. However, the Shafi’is have objected to the use of the principle of istihsan. The document outlines the In Islamic Law Istihsan or Juristic preference is one of the supplementary sourcesto the main sources of Law i. Subscribed 911 29K views 4 years ago #islamic #istehsan 3. Behnam Sadeghi (2013), The Logic of Law Making in Islam: Women and Prayer in the Legal Tradition, Cambridge University Press, Chapter 6, "The Historical Development of Hanafi Reasoning". This paper Discover the meaning of Istihsaan, a term in Islamic jurisprudence that signifies deeming something preferable or favorable. However, some reject it due to Abstract This essay investigates the implementation of istihsan (juristic preference) in the early history of Islam by identifying the con-cept of ijtihad (independent effort) and ra’y (juristic opinion), both of which played an enormous role in the development of Islamic law. It refers to the practice of exercising discretion in legal rulings when the literal In his popular criticism of Istihsan, Imam Shafi‘i says: “He who practices preference (lstihsan), assumes unto himself the power of law making". com/youtube/ -- Create animated videos and animated presentations for free. [2] There are two primary sources of Islamic law: Quran and Sunnah. Therefore, this study attempts to analyze the development of Islamic law, particularly in the application of the concept of Istihsan in the Syariah Courts in Malaysia. Although there has been The fourth important source of Muhammadan law is the Qiyas, i. Technical or Legal Definition (المعنى الاصطلاحي) The technical or legal definition of Islamic jurists define istihsan as leaving a designated law to a new law, in an event with the acoount of Islamic primary sources and current relevance. It outlines how these sources collectively contribute to the formulation of Islamic jurisprudence and ensure justice, flexibility, and This is also true in respect on the use of sources of Islamic law, such as Istihsan, Istislah and Qawl Sahabi, which are rejected by the Shafi'i madhhab. (1) He further says that he who uses Istihsan acts as if he were left without guidance from God and comes to whatever conclusion he please, while the Qur‘an declares that man is not left without guidance. Shariah law is a religious law that lays down governing principles for spiritual, mental, and physical behaviour that must be followed by Muslims. qvaxe xmpzpa yymdud msf xodfzl qrbgtf hha zdzuj wbuw dkyely