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Topic: Istihsan

	usul8.
		Istihsan is used for fatwa in questions, not on the basis of its being a rule, but rather on the basis of its being an exception to the rule or according to the Maliki definition of consideration: relaxation of the rule is a temporary principle as distinct from a universal principle.
		So istihsan in the Maliki school, as in the Hanafi school, is equivalent to analogy, even though the methods of the two schools in reaching it are different.
		As for istihsan, it is only preventing the extremes of analogy: when implementing the analogy would result in injustice, or in something which is not recommended in itself, or to constriction and distress.
	ourworld.compuserve.com /homepages/ABewley/usul8.html (2022 words)

	Istihsan and Maslaha
		Istihsan as a concept is close to equity in Western law.
		Istihsan is an important branch of law to the changing needs of society.
		There is another form of Istihsan in which exception is made to the general rule for the sake of equity and justice on the basis of some 'nass' (textual evidence), approved custom, darurah (necessity) or Maslaha (public interest).
	www.witness-pioneer.org /vil/Books/SH_Usul/istihsan_and_maslaha.htm (1247 words)

	Shi'ism in Relation to Various Islamic Sects
		But the Imamiyyah Shiites, in addition to rejection on logical and rational basis of all the arguments of the Sunnis in favour of qiyas, consider it as unwarranted in the light of explicit traditions (riwdydt) of their infallible Imams.
		As to the practice of istihsan (application of discretion in a legal decision; something that looks "good" and "advisable" to a jurist, but he can't argue convincingly in its favour), there are some differences among various Islamic sects.
		In this respect, the Shi'ah say: Some of the definitions given for "istihsan" supply no credible reasons for their support, whereas other acceptable arguments advanced under its title affirm the validity of something which is not "istihsan".
	www.al-islam.org /al-tawhid/sects/3.htm (383 words)

	IMAM SHATIBI (Site not responding. Last check: 2007-10-10)
		Imam Shatibi's contributions to the concept of Maslaha al Istihsan (theory of the public purpose) emanated from his interpretation of and led to extensions in the knowledge of Shari'ah.
		Istihsan as a public preference based on inductive phenomenon was the method first of Malik.
		The reliability of Istihsan as an inductive source of knowledge emanating from observed sources was debated by Shafei in the formation of Ahkam in Shari'ah.
	islamic-finance.net /islamic-economy/chap14/chap14-7.html (1147 words)

	Browse Publication Details (Site not responding. Last check: 2007-10-10)
		Juristic preference (istihsan) which is the subject of the present volume, goes beyond the particularities of textual interpretation.
		In this sense, istihsan is the Shari'ah principle of equity and fairness that facilitates pragmatism and preferable solutions to issues beyond the confines of the text.
		Yet notwithstanding its eminently desirable purpose, istihsan is little known to non-specialist, and has itself been in some ways caught in the technical discourse of scholastic jurisprudence.
	irtipms.iskandertech.com /PubDetE.asp?pub=60 (369 words)

	[No title]
		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. Istihsan as a concept is close to equity in western law.
		Istihsan is an important branch of Ijtihad, and has played a prominent role in adaptation of Islamic law to the changing needs of society.
		A major jurist Al-Sarakhsi considers Istihsan as a method of seeking facility and ease in legal injunctions and is in accord with the Quran (2:185).
	www.muslimtents.com /aminahsworld/Islamic_jurisprudence_istihsan.html (614 words)

	USC-MSA Compendium of Muslim Texts
		Among the most important of these secondary sources are: istihsan (the more reasonable analogy), al masalih al mursalah (the wider interests of the community), sadd al dhara'i (the obstruction of ostensibly legitimate means to illegitimate ends), 'urf (custom and legal usage), the sayings of the sahabah, and the practices of the people of Madinah.
		Moreover, the reason why istihsan first appeared in those territories was due to social developments during the period of the khulafa', the expansion of Islam into Persia, and the establishment of the 'Abbasiyah empire.
		Hence the need for istihsan was clear, for without it the legal scholar could not transcend the limited approach represented by qiyas and his own inability to undertake a comprehensive approach that took into account the higher purposes and priorities of the Shari'ah.
	www.usc.edu /dept/MSA/humanrelations/crisis_in_the_muslim_mind/ch2.html (8304 words)

	Browse Publication Details (Site not responding. Last check: 2007-10-10)
		Juristic preference (istihsan) which is the subject of the present volume, goes beyond the particularities of textual interpretation.
		In this sense, istihsan is the Shari'ah principle of equity and fairness that facilitates pragmatism and preferable solutions to issues beyond the confines of the text.
		Yet notwithstanding its eminently desirable purpose, istihsan is little known to non-specialist, and has itself been in some ways caught in the technical discourse of scholastic jurisprudence.
	www.irtipms.org /PubDetE.asp?pub=60 (369 words)

	Sorularla İslamiyet \| www.sorularlaislamiyet.com (Site not responding. Last check: 2007-10-10)
		Hanefîlere göre, istisnâ' sözleşmesi, kıyasa aykırı olmakla birlikte, temelde icmâ' deliline dayalı olarak istihsan yoluyla geçerlidir.
		Bu, örfe dayalı istihsan yoluyla benimsenmiş bir hüküm olup, genel kurala aykırıdır.
		Peygamber istihsan ile fetva vermez ve hevadan söz söylemezdi.
	www.sorularlaislamiyet.com /testosit/subpage.php?s=article&aid=1108 (2763 words)

	usul10.
		Istihsan without a text or hidden analogy is making use of welfare.
		We found those who object to deduction by benefit alone, whether it is unarticulated or in conflict with analogy, stating that it is making judgement in the deen by partiality.
		As for the Hanafis and ShafiÔis, the Hanafis use it in what they call istihsan because on the whole, it is only subject to the principle of custom, empowered benefit, or necessity.
	ourworld.compuserve.com /homepages/ABewley/usul10.html (6624 words)

	istihsan - The Wordbook Encyclopedia
		Istihsan (???????) is an Arabic term for juristic "preference".
		It is one of the principles of legal thought underlying personal interpretation or ijtihad.
		Proponents of liberal movements within Islam have used istihsan and the similar idea of istislah (Arabic for "to deem proper") as ethical principles to favour feminist and reformist interpretations of the Qur'an and thus reform Islamic law.
	www.thewordbook.com /istihsan (168 words)

	[Usul Al-Fiqh] Introduction - LI Islamic Forum
		Juristic preference, or istihsan, is another rationalist doctrine and a recognized proof of Islamic law.
		Usul al-fiqh also regulates the application of qiyas, istihsan, istishab, istislah, etc., whose knowledge helps the jurist to distinguish as to which method of deduction is best suited to obtaining the hukm shar'i of a particular problem.
		The Hanafis, for example, added istihsan, and custom ('urf) to the usul al-fiqh, and the Malikis reduced the concept of consensus (ijma') to the Madinese consensus only, while the Hanbali approach to the subject closely resembled that of the Malikis.
	www.islamicboard.com /depth-islam/4981-usul-al-fiqh-introduction.html (3844 words)

	Fons Vitae Publishing - Principles of Islamic Jurisprudence, Mohammad Hashim Kamali 3rd revised and enlarged edition ( ...
		Usul al-fiqh also regulates the application of qiyas, istihsan, istishab, istislah, etc., whose knowledge helps the jurist to distinguish which method of deduction is best suited to obtaining the hukm shar’i of a particular problem.
		Furthermore, usul al-fiqh enables the jurist to ascertain and compare strength and weakness in ijtihad and to give preference to that ruling of ijtihad which is in close harmony with the nusus.
		Even before al-Shafi’i, we know that Abu Hanifah resorted to the use of analogy and istihsan, while Imam Malik is known for his doctrine of the Medinese ijma’, subjects we shall have occasion to return to.
	www.fonsvitae.com /principles.html (2368 words)

	The Contribution of al-Shafi'i br Dr. M. Hamidullah
		You should not be surprised, therefore, that Shafi'i has written a tract in refutation of istihsan.
		It seems from its study that a certain presumed meaning has been given to the word istihsan which the author proceeds to reject.
		According to the Hanafi school of law, istihsan would mean that it is not enough to study the obvious circumstances of a case, but one should go deeper into the matter before giving a ruling on the issue in question.
	www.muslim-canada.org /contribution_shafi.html (2466 words)

	Introduction to Usul al
		Juristic preference, or istihsan, is another rationalist doctrine and a recognised proof of Islamic law.
		Furthermore, usul al-fiqh enables the jurist to ascertain and compare strength and weakness in ijtihad and to give preference to that ruling of ijtihad which is in close harmony with the nusus.
		Even before al-Shafi’i, we know that Abu Hanifah resorted to the use of analogy and istihsan, while Imam Malik is known for his doctrine of the Medinese ijma’, subjects we shall have occasion to return to.
	www.bysiness.co.uk /kitaabun01/introduction_to_usul_al.htm (2180 words)

	Ijtihad: Its Meaning, Sources, Beginnings and the Practice of Ra'y
		In Risalah he rejects the opinions of most of Sunni fuqaha' who believe istihsan to be one of the sources of ijtihad, [42]for the majority of them believe ‘ijtihad to be synonymous with ray, qiyas, istihsan and istinbat.
		Mustafa `Abd al‑Razzaq is one of them; he writes: The ray of which we speak is the mujtahid's reliance on his subjective opinion and judgement for obtaining a law of the Shari'ah.
		This statement appears to be strange, for ijtihad, istinbat, ray, qiyas and istihsan are terms which are different from one another regarding their meaning.
	www.al-islam.org /al-tawhid/ijtihad/1.htm (6742 words)

	Human Rights and Islamic Legal Reform - 3 (Site not responding. Last check: 2007-10-10)
		The other two major schools of jurisprudence of the Sunni branch of Islam, the Hanafi and Maliki, were able to escape the severe restrictions on ijtihad imposed by Shafi‘i and Hanbali schools by employing the techniques of istihsan and istislah respectively.
		Istihsan meant that the jurist was not bound by the apparent reason of a particular rule, but could utilize other reasons of shari`a whenever deemed more relevant.
		Istislah, on the other hand, allowed the jurist to base the rules of shari`a on public interests and utility, rather than confining them to ‘illah (efficient reason).
	home.att.net /~louaysafi/articles/1999/human32.html (2013 words)

	Shariah part 3
		He spent most of his life in Madina and like Imam Abu Haneefah in the previous generation, took issue with the ruling Abbasids on juridical matters, for which he was publicly flogged and imprisoned.
		Concerned that the Istihsan of Imam Abu Haneefah would open the gate to unwelcome innovation, Imam Malik tightened the rules of Ijma.
		While accepting the primacy of the Qur’an, he insisted on the consensus of all of the Companions as the basis of verified Sunnah (as compared to Imam Abu Haneefah who maintained that the consensus of some of the Companions was a sufficient basis for jurisprudence).
	www.irfi.org /articles/articles_301_350/shariah3.htm (1860 words)

	Opinion
		He spent most of his life in Madina and like Imam Abu Haneefa in the previous generation, took issue with the ruling Abbasids on juridical matters, for which he was publicly flogged and imprisoned.
		Concerned that the Istihsan of Imam Abu Haneefa would open the gate to unwelcome innovation, Imam Malik tightened the rules of Ijma.
		While accepting the primacy of the Qur’an, he insisted on the consensus of all of the Companions as the basis of verified Sunnah (as compared to Imam Abu Haneefa who maintained that the consensus of some of the Companions was a sufficient basis for jurisprudence).
	www.pakistanlink.com /Opinion/2005/Jun05/17/01.HTM (1725 words)

	Islamic schools of thought (madhabs).
		Shafi'i was not a mere Traditionist; on the contrary, he deplored their faulty reasoning, and himself accompanied his reliance on traditions from the Prophet by systematic legal thought ('akl, ma'kul) of exceptionally high quality, excluding ra'y and istihsan and insisting on strict kiyas.
		Hanbal d.241/855, emphasised the traditionist element in his doctrine and derived their legal teaching exclusively from traditions, avoiding human reasoning as far as possible.
		This avoidance of drawing conclusions was erected into a principle by Dawud b.j Khalaf d.270/884, called as-Zahiri because he relied exclusively in the literal meaning (zahir) of Qur'an and hadith and rejected not only ra'y and istihsan but reasoning by as well.
	members.tripod.com /~SuzyAshraf/index.html_essays (2298 words)

	Sources of Shari'ah Financial Planning (Site not responding. Last check: 2007-10-10)
		In integrating the values that are prescribed in the qur'an and sunnah on one hand and financial instruments on the other, they have to put them into the implementation based on available market.
		The secondary sources of shari'ah financial planning include those methods and procedures employed by Muslim scholars to comprehend and operationalize the principles and values as contained in the qur'an and sunnah.
		These include: Qiyas (analogical deduction) Istihsan (jurist preferences), Istislah (consideration of public good) Istishab (continuance or performance) and 'Urf (custom or usages that are not contradicting with shari'ah).
	islamic-world.net /economics/shariah_financial_planning.htm (1006 words)

	sunniforum.com - Which Madhab would you follow if you had to leave your current madhab? (Site not responding. Last check: 2007-10-10)
		It's one of the key differentiators of the Hanafi school of fiqh as opposed to the other major three, although, of course, at a scholarly level.
		Is it obligatory to follow the results of the istihsan of a scholar or indeed qiyas?
		For example, the Maliki position on istihsan is that it is essentially the same as istislah as they consider it a type of this.
	www.sunniforum.com /forum/printthread.php?t=275&pp=40 (4172 words)

	Opinion
		With the acceptance of Istihsan as a legitimate methodology, Imam Abu Haneefa provided a creative process for the continual evolution of Fiqh.
		No Muslim jurist would be left without a tool to cope with new situations and fresh challenges from as-yet unknown future civilizations.
		Ijtihad is the disciplined and focused intellectual activity whose end result is ijma or qiyas or istihsan.
	www.pakistanlink.com /Opinion/2005/Jun05/10/03.HTM (1354 words)

	Shariah2
		With the acceptance of Istihsan as a legitimate methodology, Imam Abu Haneefah provided a creative process for the continual evolution of Fiqh.
		No Muslim jurist would be left without a tool to cope with new situations and fresh challenges from as-yet unknown future civilizations.
		Ijtihad is the disciplined and focused intellectual activity whose end result is ijma or qiyas or Istihsan.
	www.irfi.org /articles/articles_301_350/shariah2.htm (1440 words)

	THE SHIA: THE REAL FOLLOWERS OF THE SUNNAH 120 - 135 (Site not responding. Last check: 2007-10-10)
		Of them we mention: qiyas (analogy), istihsan (approval), istishab (accompaniment), sadd bab al-dhara'i (closing the door of pleas), and ijma (unanimity) which are very well known and common among them.
		They had no choice but to apply ijtihad and qiyas, and consult their 'ulama', adopting istihsan and that which meets their temporary convenience.
		It has been natural for them to be in need of all these acts due to their lack for the texts (nusus).
	www.rafed.net /books/other-lang/the-shia/10.html (3541 words)

	USC-MSA Compendium of Muslim Texts
		On al Istihsan, Juristic Preference: al Shafi'i was careful to explain that no Muslim is permitted to use al Istihsan in order to contravene the Hadith, nor may he pronounce any legal judgement which is not based on the Qur'an, Sunnah, al Ijma' or al Qiyas.
		On disagreement among the scholars: al Imam al Shafi'i explained that these disagreements are of two types; the type that are prohibited and the type that are not.
		Al Qiyas and al Istihsan: There were disputes concerning the meaning of these terms, their nature, validity as evidence, the possibility and method of using them, and whether the actions of the Sahabah could be considered Qiyas or Istihsan.
	www.usc.edu /dept/MSA/law/alalwani_usulalfiqh/ch4.html (3603 words)

	Sufism Journal: Sufi History: Philosophy & Law: Shari'a, Tariqa, Haqiaq
		By this time, the five objectives of Islamic law were defined as the right to life, mind, property, family, and religion.
		With these objectives in mind, jurists sought (and still seek) to develop regulations based on: Qur’an, Hadith, ‘aql (intellect), ijma’ (consensus of scholars), qiyas (anological deduction of a law), fatwa (judgement) of the Companions, istihsan (equity), maslaha (public interest), ‘urf (local customary precedent), and istishad (exercise of reason).
		5 Qur’an, Hadith, ‘aql, ijma’, qiyas, fatwa of the Companions, istihsan, maslaha, ‘urf, and istishad.
	www.sufismjournal.org /history/historysharia2.html (1731 words)

	Muslim Personal Law
		He gave a distinctive name and prominent position to the principle by which, in Muhammadan jurisprudence, the theory of law is modified on its application to actual facts and called it Istihsan (lit, preference) which clearly resembles the doctrines of equity and was later adapted by, Western jurists.
		His principles and doctrines were not materially different from those of Imam Abu Hanifa, but he leaned more upon traditions and the usages of the Prophet and the precedents set by his companions.
		He recognised a principle, corresponding to that of Abu Hanifa's Istihsan, namely, that of public welfare (Maslahat) as a basis of deduction.
	www.muslim-canada.org /muspersonallaw6.html (3780 words)

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