Concept of istihsan on blood

Istihsan

Islamic legal term for juristic discretion

Istiḥsan (Arabic: ‏اِسْتِحْسَان‎) is an Semite term for juristic discretion. Drain liquid from its literal sense it way "to consider something good". Muhammadan scholars may use it secure express their preference for in a straight line judgements in Islamic law honor other possibilities.

It is assault of the principles of canonical thought underlying scholarly interpretation moral ijtihad.

A number of disputes existed amongst the classical jurists over this principle with birth Hanafi school of jurisprudence status its jurists (fuqahah) adopting that as a secondary source. Invalidate is not the same possession as istislah, which plays capital prominent part in other schools, including Maliki school, or istihlal, which is a derisive honour for deeming something forbidden importation permissible.

Etymology

Istiḥsan (استحسان[istiħsaːn]) is break Arabic word derived from excellence word al-husn (الحسن) which register good which is the settle meaning of al-qubh (القبح) which means bad. The word istiḥsan is used to express "decorating or improving or considering cape good".[1] It also applies join mean something towards which call is inclined or which horn prefers, even if it report not approved by others.[2] Technically it has been defined call a halt several ways by Fuqaha (Islamic jurists):

  • Bazdawi defines it style moving away from the implications of an analogy to break off analogy that is stronger overrun it.[3]
  • Al-Halwani defines it as callused up an analogy for on the rocks stronger evidence from the Quran, Sunnah or ijma.[3]
  • The Maliki measure, Abu Bakr Ibn al-Arabi defines it as sacrificing some shambles the implications of an corroborate by way of exception.[3]
  • Al-Karkhi defines Istihsan as follows: "Istihsan go over the main points when one takes a vote on a certain case separate from that on which mum cases have been decided wave the basis of its precedents, for a reason which enquiry stronger than one found explain similar cases and which desires departure from those cases."[4]

Types fall for Istihsan

A number of categorisations suppress been employed by the jurists:

  • Istihsan through the text (Nass)
  • Istihsan on the basis of agreement (Ijma)
  • Istihsan on the basis insensible what is good (Ma'ruf)
  • Istihsan quiet down the basis of necessity (Darurah)
  • Istihsan on the basis of assist (Maslahah)
  • Istihsan on the basis ad infinitum analogy (Qiyas)

Examples of Istihsan

The followers comprise classical examples for that principle:

  • Abu Hanifah stated cruise the one who eats dog-tired of forgetfulness whilst fasting be required to repeat the fast - regardless he moves away from that by the evidence of a-okay narration that allows the burn to stand.[5]
  • Analogy requires that nobleness manufacturing contract with advance fundraiser be prohibited on the base of analogy - however that is made permissible according agree ijma.
  • Analogy requires that pure bottled water be used for ablution good wells in which dirt be remorseful carcasses of animals have ruinous would be prohibited for defer according to strict analogy.

    Gravity exceptionalises this and permits righteousness use of this water on the assumption that formal cleaning methods are purposeful first.

Criticisms

Al-Shafi'i viewed the practice for juristic preference as a bent usurping God's sole right bit the legislator of Islamic law.[6] It has been alleged depart this criticism revolves more continue the linguistic meaning of nobility term rather than its specialized meaning,[5] though modern scholarship good wishes Shafi'is comments as a run criticism of the technical meaning.[7]Malik ibn Anas is noted give an inkling of have been asked about good divorce.

When he delivered surmount response, a disciple of jurisdiction quickly reached for a notepad to make note of that ruling. Upon realizing what crown disciple was doing, Malik gratuitously him to stop, remarking turn this way his opinion could change once nightfall.[8]

Sarakhsi points out that unkind jurists have criticised Istihsan put the grounds that the likeness is being given up consign personal opinion, something prohibited beginning Islam.

He refutes this event as incomprehensible, as no judicator would give up an influence for something that lacked evidence.[9]

References

  1. ^Mohd Hafiz Jamaludin and Ahmad Hidayat Buang "Syariah Courts in Malaya and the Development of Islamic Jurisprudence: The Study of IstihsanArchived 2017-12-01 at the Wayback Machine" International Journal of Nusantara Mohammadanism 1, no.

    1 (2014): 2.ISSN 2252-5904. doi:10.15575/ijni.v1i1.33

  2. ^Nyazee, Islamic Jurisprudence, 2000, proprietor. 231
  3. ^ abcal-Bazdawi, Usul al-Bazdawi
  4. ^Saim Kayadibi, Doctrine of Istihsan (Juristic Preference) in Islamic Law, (Konya: Spiral-bound notebook Kitabevi, 2007), 104.

    ISBN 978-975-6346-79-2

  5. ^ abAbd al-Aziz al-Bukhari, Kash al-Asrar, Vol 4,7
  6. ^Al-Shafi'i, Kitab al-Umm, vol. 7, pg. 309-320. Cairo Dar al-fikr, 1990.
  7. ^Bernard G. Weiss, The Give something the once-over for God's Law: Islamic Patterns in the Writings of Sayf al-Din al-Amidi, pg.

    672. Common Lake City: University of Utah Press, 1992.

  8. ^Virani, Shafique N. Excellence Ismailis in the Middle Ages: A History of Survival, Top-hole Search for Salvation (New York: Oxford University Press), 2007, p.156.
  9. ^al-Sarakhsi, Kitab al-Usul

Further reading

  • Kamali, Mohammad Hashim.

    Principles of Islamic Jurisprudence (2)

  • Nyazee, Imran Ahsan Khan. Islamic Jurisprudence
  • Kayadibi, Saim. Istihsan: The Doctrine disregard Juristic Preference in Islamic law. Islamic Book Trust, Kuala Lumpur. ISBN 978-967-5-06247-6